Except as otherwise provided in FC3309.5, a special effects permit shall be obtained for each display or other event involving the conduct of a special effect by the sponsor of the display or other event or, with the sponsor's written authorization, by a person holding a certificate of fitness for special effects issued pursuant to this section. A special effects permit shall be issued in the name of the applicant and shall specify the name of the sponsor, the date, time and location of the display or other event, the number and kind of pyrotechnic articles or devices to be discharged or otherwise used, or other materials, articles or devices used to create the special effects, and such other terms and conditions as the commissioner may prescribe as necessary or appropriate for the safe conduct of the display or other event.
The department may conduct an inspection of the special effects display site and its surroundings, prior to issuance of a permit and/or prior to the special effects operation. Representatives of the applicant shall attend any such site inspection and cooperate with the department in determining the suitability of the site for the proposed special effects operation, and, if suitable, appropriate separation distances and other safety measures. The applicant shall arrange for access by department representatives to the display site, for purposes of the site inspection and during the special effects operation.
The commissioner shall review each application for a special effects permit and shall grant such application only if the commissioner is satisfied that the display or other event can be safely conducted. Permit applications shall contain a special effects display plan, including the following information and such other information and documentation as the commissioner may prescribe:
- The name of the person, group, or organization responsible for the special effects display.
- The date, time and exact location of the display or other event.
- The written authorization of the sponsor of the display or other event.
- A description of the special effects to be created.
- The amount and types of the pyrotechnic material, articles or devices to be discharged or otherwise used or stored for use, or other materials, articles or devices to be used or stored for use in creating the special effects.
- The name of all persons personally supervising the temporary storage, handling and discharge or other use of the materials, articles or devices used to conduct the special effects and their certificate of fitness numbers.
- The names, ages and duties of all assistants who will be present in connection with the special effects.
- A dimensional diagram of the area where special effects are to be conducted that includes the following information:
- The location at which the materials, articles or devices used for the special effects are to be discharged or otherwise used and stored for use.
- Location of audiences, performers and support personnel in relation to the special effects, and the duties of the performers and support personnel in connection with the special effects.
- If using pyrotechnic article or device, the fallout radius for each article or device.
- If the special effects are displayed in front of an audience or bystanders, the lines behind which the audience or bystanders shall be restrained.
- Such other information as the commissioner may prescribe relating to the safe conduct of the display or other event.
- The manner, place, and quantity of storage for the materials, articles or devices to be used in creating the special effects.
- Certifications that the set, scenery, curtains, and rigging materials are inherently flame-retardant or have been treated to achieve flame resistance.
The applicant for a special effects permit shall be responsible for the safe conduct of the display or other event including:
- Arranging for the preparation and submission of the special effects display plan, and obtaining the special effects permit.
- Obtaining any necessary permit or authorization, including any permit or authorization required by the United States Coast Guard, the Department of Parks and Recreation, the Port Authority of New York and New Jersey, and the United States Federal Aviation Administration.
- Ensuring compliance with all applicable laws, rules and regulations, including the federal, state and local laws, rules and regulations governing the transportation of explosives and other hazardous materials, and the permit, labeling and fire protection requirements thereof.
- Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holder required by this section.
- In conjunction with the sponsor, ensuring maintenance of viewing areas at a safe distance from the location of the special effects discharge, and other appropriate safety and crowd control measures, as prescribed by the commissioner.
- Ensuring compliance with the directions of department representatives.
- Obtaining a liability and casualty insurance policy as set forth in FC3301.2.4(4).
- Ensuring that the site of the display or other event is left in a safe condition.