Manufacture, storage, handling, use, transportation and sale of such materials by the Armed Forces of the United States, Coast Guard or National Guard.
Explosives in forms prescribed by the official United States Pharmacopoeia.
Reserved.
Reserved.
The use of explosives by federal and state, law enforcement and public safety agencies acting in their official capacity.
The storage, handling, use, transportation and sale of blank industrial-power load cartridges when packaged in accordance with United States Department of Transportation packaging regulations, except as otherwise provided in FC5606.8.
The department, as a condition to
the granting of a permit, may impose further restrictions on the storage, handling, use,
transportation or sale of an explosive, fireworks display, or material, article, or device used to
create a special effect that the department deems necessary or
appropriate in the interest of public safety, including further restricting the quantity of
materials, and designating the locations, days and times of day allowed for the permitted activity.
Applicants for a permit shall submit proof
satisfactory to the department that the applicant has obtained and will maintain
for the duration of the permit period a liability and casualty insurance policy, covering the
permit holder, its officers, employees and agents, for personal injuries and property damage
resulting from the permitted activity or the failure of the permit holder, its officers, employees
and agents, to comply with any requirement of this chapter, any rule promulgated hereunder
or the terms and conditions of the permit. Such insurance policy shall name the city of New York as an additional insured and shall provide for notice to the department at
least ten days prior to any material change, cancellation or termination thereof. Such insurance
policy shall be in the following amounts, as applicable.
Fireworks. The insurance policy for the discharge of fireworks, including any fireworks
display, shall be in an amount to be determined by the department but not less than two million dollars.
Store for sale or display for sale any explosive in an area that is not secured from unauthorized access, including any unsecured display in an area accessible to the public.
Store, handle or use any explosive for any purpose other than one authorized by this chapter or other federal, state or city law, rule or regulation.
Dynamite containing more than 60 percent liquidexplosive ingredient.
Exception:
Gelatin dynamite used for demolition or structural implosions approved by the department.
Dynamite without an approved absorbent, or in packaging that permits leakage of a liquidexplosive ingredient under any conditions liable to exist during storage.
Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds (4.54 kg) of net weight in one package.
Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.
Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products of their use more hazardous, when subjected
to a temperature of 167°F (75°C) for a continuous period of 48 hours or less.
Explosives containing an ammonium salt and a chlorate.
Explosives that have not been approved or have been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.
Explosives that have not been packaged or marked in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Parts 100-180, and the requirements of FC 5603 and 5606.
Store, handle, use or sell fireworks that have not been approved or have been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.
Store, handle, use or sell fireworks that have not been packaged or marked in accordance with the regulations of the United States Department of Transportation, as set forth in CFR 49 Parts 100-180, and FC 5603 and 5606.
Store for sale or display for sale any pyrotechnic material, article or device in an area that is not secured from unauthorized access, including any unsecured display in an area accessible to the public.
Store, handle or use any pyrotechnic material, article or device in any residential building or within 100 feet (30 480 mm) thereof, except as authorized by the department and when conducted by a person holding a certificate of fitness for such purpose who is employed by a pyrotechnic special effects contractor holding a company certificate.
Store, handle, use or sell pyrotechnic material that has not been approved or has been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.
Store, handle, use or sell pyrotechnic material that has not been packed or marked in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Parts 100-180, and this chapter.
It shall be unlawful to manufacture, store, handle or use model rocketry or high-power rocketry, as defined in and consistent with the scope of NFPA 1122 and NFPA 1127, except when authorized by the department by issuance of a special effectspermit.
It shall be unlawful to smoke, light or maintain an open flame, or conduct hot work operations within 100 feet (30 480 mm) of any location:
Where explosives or fireworks are stored, handled, used or otherwise discharged.
Where any material, article or device of an explosive, flammable or combustible nature, including pyrotechnic materials, articles and devices and fireworks, 1.4G, used to create a special effect are stored, handled, used or otherwise discharged.
It shall be unlawful to be under the influence of intoxicating beverages, narcotics, controlled substances, and prescription or nonprescription drugs that can impair judgment as follows:
Only a company holding a blasting contractor certificate issued pursuant to FC115 and this section is authorized to engage in blasting operations and all related storage, handling, discharge or other use and transportation of explosives. Such a certificate shall be issued only to a company whose owners, principals and officers demonstrate to the satisfaction of the commissioner that they possess the requisite character and fitness, education, experience, licenses, facilities, equipment and qualified staff to safely conduct blasting operations.
The storage of high explosives shall be under the personal supervision of a magazine keeper holding a certificate of fitness for explosive storage. Such person shall have no duties other than safeguarding, operating and maintaining the magazine and its contents, including opening and closing the magazine and locking and otherwise securing the magazine from unauthorized entry and its contents from unauthorized access; receiving and dispensing or returning explosives; maintaining complete and accurate records of the explosives received, dispensed and returned; and visually inspecting and verifying the quantity and condition of the explosives in the magazine at the beginning and end of each work shift, and documenting same at the end of each work shift by signing an inventory slip in the presence of the succeeding magazine keeper. The unloading and loading of motor vehicles delivering explosives to the magazine or removing explosives therefrom shall be under the personal supervision of the certificate of fitness holder supervising the magazine.
Only a company holding a fireworks contractor certificate issued pursuant to FC115 and this section is authorized to engage in fireworks displays or other event involving the
discharge or other use of fireworks, and all related storage, handling, use and transportation
of fireworks. Such a certificate shall be issued only to a company whose owners, principals
and officers demonstrate to the satisfaction of the commissioner that they possess the
requisite character and fitness, education, experience, licenses, facilities, equipment and
qualified staff to safely conduct fireworks displays or other events involving the discharge
or other use of fireworks. The fireworks
contractor shall be responsible for the safe conduct of the display or other event, in the
manner prescribed by the department, including:
Obtaining any necessary permit or authorization, including but not limited to any
permit or authorization required by the United States Coast Guard, the New York
City 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 federal, state and local laws, rules and regulations governing the transportation of explosives.
Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holders required by this section.
Ensuring compliance with the directions of the department representatives.
In conjunction with the sponsor, ensuring maintenance of viewing areas at a safe distance from the location of the fireworks discharge, and other appropriate safety and crowd control measures, as prescribed by the commissioner.
Obtaining a liability and casualty insurance policy as set forth in FC5601.2.4.
Conducting an inspection of the display site not more than 48 hours nor less than 24 hours prior to the scheduled display to determine whether there have been any changes in conditions at the display site or other area encompassed by the fireworks display plan (such as the presence of any new combustible or flammable material) that could render the area unsafe for a fireworks display. The fireworks display contractor shall notify the department of any such conditions and arrange for them to be removed.
Ensuring that the site of the display or other event is left in a safe condition.
Only a company holding a pyrotechnicspecial effects contractor certificate issued pursuant to FC115 and this section is authorized
to engage in pyrotechnic special effects or other event involving the discharge or other use
of pyrotechnic and special effects materials, and all related storage, handling, use and
transportation of such materials. Such a certificate shall be issued only to a company whose
owners, principals and officers demonstrate to the satisfaction of the department that they
possess the requisite character and fitness, education, experience, licenses, facilities,
equipment and qualified staff to safely conduct special effects or other events involving the
discharge or other use of pyrotechnic and other special effects materials. The pyrotechnicspecial effects contractor shall be responsible for the safe conduct of pyrotechnic special
effects displays, in the manner prescribed by the department.
is subject to inspection by the department to confirm that the hazardous materials are being transported in compliance with all applicable laws, rules and regulations; and
is subject to escort by department firefighting apparatus in accordance with department procedures.
Any vehicle transporting types and/or quantities of high explosives or fireworks restricted from crossing certain bridges and tunnels into or through New York City is subject to escort in New York City by department firefighting apparatus in accordance with department procedures.
The department may restrict the taking of photographs, video recordings or other images at locations at which high explosives are being stored, handled and used.
Vendors providing high explosives to job sites and/or storage facilities in New York City and blasting contractors conducting blasting operations in New York City shall comply with the regulations of the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, and DOTn, with respect the preparation, maintenance and retention of records of the storage, handling and transportation of such explosives. Records shall be maintained of the storage, handling and use of high explosives, detonators, blasting agents, emulsion explosives, including the receipt and disposal of such explosives and the reporting of accidents, loss or theft of explosives, or unauthorized activities in accordance with this section.
The loss, theft or unauthorized removal of blasting agents, detonators, emulsion explosives or high explosives from a magazine or permitted facility shall be reported to the department, and all other law enforcement authorities requiring such reporting, including the United States Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives, immediately upon discovery of such loss, theft or unauthorized removal.
The blaster shall keep a record of all charges that fail to detonate, and notify the department in accordance with FC5607.18. The blaster shall not re-wire or discharge the misfired explosives without prior department approval.
High explosive cartridges, sticks, tubes, wrappers, bags, casts, or other forms of packaged high explosives shall be of vermillion in color, unless otherwise approved, and marked with:
The manufacturer's name, date shift code and brand of explosive.
The manufacturer's name, brand name and date shift code.
The words "DETONATORS — DANGEROUS — HANDLE CAREFULLY" on two sides.
The actual number of detonators in the package, or the number of packages and detonators per package.
The department's two-letter, three-digit serial numbers for each detonator or package of detonators contained therein. The first package shall be designated as AA 001 and each subsequent package numbered consecutively as AA 002 through AA 999. The second sequence shall begin with AB 001 and shall continue in the same alpha-numeric fashion for subsequent packages.
For tunnel blasting, the contractor's name and the job site location, or an approved abbreviation, shall be used.
When Division 1.1 and 1.2 explosives are located in the same site, determine the distance for the total quantity considered first as if the total quantity were in Division 1.1 and then as if the total quantity were in Division 1.2. The required distance is the greater of the two. When the Division 1.1 requirements are controlling and the TNT equivalent of the Division 1.2 explosive is known, the TNT equivalent weight of the Division 1.2 explosives shall be added to the total explosive weight of Division 1.1 explosives to determine the net explosive weight for the Division 1.1 distance determination, for purposes of quantity-distance requirements in accordance with FC Table 5604.5.2(2).
When Division 1.1 and 1.3 explosives are located in the same site, determine the distances for the total quantity considered first as if the total quantity were in Division 1.1 and then as if the total quantity were in Division 1.3. The required distance is the greater of the two. When the Division 1.1 requirements are controlling and the TNT equivalent of the Division 1.3 explosives is known, the TNT equivalent weight of the Division 1.3 explosives shall be added to the total explosive weight of Division 1.1 explosives to determine the net explosive weight for the Division 1.1 distance determination, for purposes of quantity-distance requirements in accordance with FC Table 5604.5.2(2) or 5604.5.2(3), as appropriate.
When Division 1.1, 1.2 and 1.3 explosives are located in the same site, determine the distances for the total quantity considered first as if the total quantity were in Division 1.1, next as if the total quantity were in Division 1.2 and finally as if the total quantity were in Division 1.3. The required distance is the greatest of the three. When the Division 1.1 requirements are controlling and the TNT equivalent of the Division 1.2 and Division 1.3 explosives are known, the TNT equivalent weight of the Division 1.2 and Division 1.3 explosives shall be added to the total explosive weight of Division 1.1 explosives to determine the net explosive weight for the Division 1.1 distance determination, for purposes of quantity-distance requirements in accordance with FC Table 5604.5.2(2).
For Division 1.4 explosives, the total weight of the explosive alone is the net weight for the distance determination, for purposes of quantity-distance requirements in accordance with FC Table 5604.5.2(4).
Detonating cord of 50 grains per foot shall be calculated as equivalent to 8 pounds (4 kg) of high explosives per 1,000 feet (304 800 mm), for purposes of quantity-distance requirements. Heavier or lighter core loads shall be rated proportionally.
All types of detonators in strengths through No. 8 cap shall be rated at 11/2 pounds (0.68 kg) of explosives per 1,000 caps, for purposes of quantity-distance requirements. Detonators in strengths higher than No. 8 cap shall be rated as prescribed by the manufacturer.
The storage of explosives in magazines shall comply with the requirements of FC 5604.3.1 through 5604.3.4 and FC Table 5604.3. Explosives shall be stored in magazines constructed, installed, operated and maintained in accordance with the requirements of this section, NFPA 495, NFPA 1124 and, except for portable or mobile magazines not exceeding 120 square feet (11 m2) in area, the construction codes including the Building Code.
The owner or operator of a magazine shall restrict access to the magazine and the keys thereto, to the blaster and magazine keeper, provided, however, that other blasting contractor personnel and/or vendor personnel may enter the magazine when authorized and accompanied by the blaster or magazine keeper, if such other personnel require access to carry out their duties and responsibilities in connection with the storage, handling, use or transportation of explosives. The granting of access to the magazine to such other personnel is subject to restrictions imposed by the department for purposes of ensuring compliance with the requirements of this section. This provision shall not be construed to restrict department access to magazines.
It shall be unlawful to maintain or operate a magazineindoors for the storage of Division 1.1 explosives except as authorized by FC5606.5.2. Indoormagazines may be maintained and operated for the storage of explosives, other than those classified as Division 1.1, in accordance with this section.
The exterior of the magazine shall be painted red.
The base of the magazine shall be fitted with wheels, casters or rollers to facilitate removal from the building in an emergency.
The lid or door of the magazine shall be marked with conspicuous white lettering not less than 3 inches (76 mm) high and minimum 1/2-inch (12.7-mm) stroke, reading "EXPLOSIVES — KEEP FIRE AWAY — NO SMOKING."
The least horizontal dimension of the magazine shall not exceed the clear width of the entrance door.
Indoormagazines shall be located within 10 feet (3048 mm) of a means of egress and only on floors at or having ramp access to the outdoors at grade level.
This table applies to the storage of explosives, except for temporary storage incidental to transportation.
Storage of explosives in a quantity exceeding 1,000 pounds in one magazine is prohibited.
Reserved.
Where two or more storage magazines are located on the same property, each magazine shall comply with the minimum distance specified from inhabited buildings, railways and highways, and, in addition, they should be separated from each other by not less than the distances shown for separation of magazines, except that the quantity of explosives in detonatormagazines shall govern in regard to the spacing of said detonatormagazines from magazines containing other explosives. Where any two or more magazines are separated from each other by less than the specified separation of magazine distances, then two or more such magazines, as a group, shall be considered as one magazine, and the total quantity of explosives stored in such group shall be treated as if stored in a single magazine located on the site of any magazine in the group and shall comply with the minimum distances specified from other magazines, inhabited buildings, railways and highways.
The quantity of explosives refers to pounds of trinitrotoluene (TNT), or for other type explosives, the quantity of TNT with the equivalent explosive energy.
Black powder, when stored in magazines, is defined as low explosive by the Bureau of Alcohol, Tobacco and Firearms (BATF).
For quantities less than 1,000 pounds, the required distances are those specified for 1,000 pounds. The commissioner may authorize storage of such explosives in quantities less than 1,000 pounds at lesser distances from protected exposures.
No more than 50 pounds of explosives may be stored in a building.
For earth-covered magazines, no specified separation is required.
Earth cover material used for magazines shall be relatively cohesive. Solid or wet clay and similar types of soil are too cohesive and shall not be used. Soil shall be free from unsanitary organic matter, trash, debris and stones heavier than 10 pounds or larger than 6 inches in diameter. Compaction and surface preparation shall be provided, as necessary, to maintain structural integrity and avoid erosion. Where cohesive material cannot be used, as in sandy soil, the earth cover over magazines shall be finished with a suitable material to ensure structural integrity.
The earth fill or earth cover between earth-covered magazines shall be either solid or sloped, in accordance with the requirements of other construction features, but a minimum of 2 feet of earth cover shall be maintained over the top of each magazine. To reduce erosion and facilitate maintenance operations, the cover shall have a slope of 2 horizontal to 1 vertical.
Restricted to articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tobacco and Firearms regulations, or unpacked articles used in process operations that do not propagate a detonation or deflagration between articles.
No more than 50 pounds of explosives may be stored in a building.
When a suitable aboveground storage site is unavailable, barricadedmagazines, located in the excavation below decking in compliance with the distance requirements as set forth in FC Table 5604.5.2(2), may be approved. The blasting contractor for the job site shall submit to the department a plan detailing the load carrying capacity of the decking above the magazine location. For deep underground excavations, the use of a gated coyote hole with overnight storage may be approved for a magazine that is constructed to Type 1magazine requirements.
Magazines requiring heat shall be heated as prescribed in NFPA 495 by
either hot water radiant heating within the magazine or by indirect warm air heating.
All electric lights, electric safety flashlights or electric safety lanterns used
in a magazine shall be listed as intrinsically safe or otherwise suitable for use in hazardous
locations and shall comply with the requirements of NFPA 495.
Any premises upon which explosives are stored in magazines shall
have signs posted in accordance with FC 5604.6.5.1 and 5604.6.5.2. Signs shall be durable,
weather resistant and of contrasting colors with a minimum letter height of 3 inches (76 mm)
with a minimum brush stroke of 1/2 inch (12.7 mm).
The owner shall conspicuously post on the exterior of the construction
fence or other exterior wall of the premises the following sign at approved locations:
Type 5magazines containing Division 1.5 blasting agents shall be
prominently placarded as required during transportation by the regulations of the United
States Department of Transportation, as set forth in 49 CFR Part 172 and the regulations
of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States
Department of Justice, as set forth in 27 CFR Part 555.
A suitable shelter for the magazine keeper shall be provided.
The magazine and surrounding area shall be illuminated at night.
A telephone not requiring a coin to operate or other approved means to communicate an
emergency shall be provided inside the shelter for the use of the magazine keeper.
Record all openings and closings of the magazine doors.
Notify the department of any unusual occurrences and outages.
Provide written procedures concerning the opening and closing of magazine doors.
An audible and visible alarm system shall be provided that is activated by opening the
magazine door, and that is continuously monitored at an approved location on the
premises.
A local perimeter intrusion alarm shall be provided that is capable of being deactivated
during normal delivery hours.
Type 1magazines shall additionally comply with the following installation
requirements:
Circuits used for the doors and holdup alarm shall be dedicated and use fire alarm
wiring and wiring methods as set forth in the construction codes, including the
Building Code and the Electrical Code. The door and holdup alarm shall use an
approved transmitter, operate on alternating current, be provided with battery
backup, and be monitored by an approvedcentral station company. There shall be
no control on the premises for shutting down the alarm transmission to the central
station company other than disconnecting all power to the alarm system.
Electrical wiring on the premises from the magazine doors to the central station
company and the magazine keeper's shelter shall be protected by rigid conduit.
Overhead wiring shall use a weatherhead fitting and have a minimum 15 feet (4572
mm) clearance from the ground. Underground wiring shall be protected in
galvanized conduit, buried at a minimum depth of 18 inches (457 mm) or 12 inches
(305 mm) deep with 6 inches (152 mm) concrete cover.
Overhead telephone lines feeding the magazine keeper's shelter shall be protected
for a distance of 15 feet (4572 mm) in height by a conduit service pipe suitably
braced for strain. Underground telephone lines shall be protected in galvanized
conduit, buried 18 inches (457 mm) minimum or 12 inches (305 mm) deep with 6
inches (152 mm) concrete cover.
Magazines shall be kept locked and otherwise secured in the manner
prescribed in NFPA 495 at all times except during delivery or removal of explosives or during
inspection.
Smoking, matches, hot work, flame-producing devices,
open flames, firearms and firearms cartridges shall not be allowed inside of or within 100 feet
(30 480 mm) of portable or permanent magazines in which explosives are stored.
The area located around a magazine shall be
kept clear of brush, grass, vines, weeds, rubbish and other combustible waste for a distance of
25 feet (7620 mm).
Containers of explosives, except fiberboard
containers, and packages of damaged or deteriorated explosives shall not be unpacked or
repacked inside or within 50 feet (15 240 mm) of a magazine or in close proximity to other
explosives.
Tools used for the opening and closing of packages of
explosives, other than metal slitters for opening paper, plastic or fiberboard containers,
shall be made of nonsparking materials.
Metal tools, other than nonferrous transfer conveyors and
ferrous metal conveyor stands protected by a coat of paint, shall not be stored or used in a
magazine containing explosives.
Corresponding grades and brands of explosives shall be stored
together and in such a manner that the grade and brand marks are visible. The inventory of
explosives shall be stored in a manner that allows ready access for counting and checking its
condition. Packages of explosives shall be stacked in a stable manner not exceeding 8 feet
(2438 mm) in height.
Magazine floors shall be regularly swept and be kept clean, dry and
free of grit, paper, empty packages and rubbish. Brooms and other cleaning utensils shall not
have any spark-producing metal parts. Sweepings from magazine floors shall be removed from
the premises and disposed of lawfully.
Explosives shall be removed from the magazine before repairs are made to
the interior of a magazine. Explosives shall be removed from the magazine before repairs are
made to the exterior of the magazine when there is a possibility of causing a fire. Explosives
removed from a magazine under repair shall either be placed in another magazine or placed a
safe distance from the magazine, where they shall be properly guarded and protected until
repairs have been completed. Upon completion of repairs, the explosives shall be promptly
returned to the magazine. Floors shall be cleaned before and after repairs. Under no
circumstances shall explosives be stored outside the magazine overnight.
Magazines storing explosives shall be opened and inspected daily. The
magazine keeper shall lock and otherwise secure the magazine from unauthorized entry and its
contents from unauthorized access; receive and dispense explosives; and maintain complete and
accurate records of the explosives received and dispensed. The magazine keeper shall personally
supervise the unloading and loading of motor vehicles delivering explosives to the magazine or
removing explosives therefrom. At the beginning and end of each work shift, the magazine keeper
shall visually inspect and verify the quantity and condition of the explosives in the magazine,
determine whether there has been an unauthorized or attempted entry into the magazine or an
unauthorized removal, and document same at the end of each work shift by signing an inventory
slip in the presence of the succeeding magazine keeper.
The department shall be notified immediately when explosives are
determined to be deteriorated or leaking or otherwise unstable or in need of disposal.
When an explosive has deteriorated to an extent that it is
in an unstable or dangerous condition, or when a liquid has leaked from an explosive, the
person in possession of such explosives shall immediately contact the manufacturer to obtain
handling and disposal instructions.
Unused explosives may be destroyed at the job site only
when approved. When approved, such destruction of explosives shall be conducted by a
qualified person at an approved location under the supervision of department representatives.
It shall be unlawful to dispose of explosives by burning.
It shall be unlawful to store small
arms ammunition and small arms primers with Division 1.1, Division 1.2 or Division 1.3
explosives, unless approved.
Where small arms ammunition and small arms
primers are stored together in Group R-3 occupancies, it shall be unlawful to store a combined
quantity of more than 200, counting each round of ammunition and each primer separately.
Where small arms
ammunition and small arms primers are displayed together in areas accessible to the public,
a combined quantity of not more than 10,000 may be displayed, counting each round of
ammunition and each primer separately. Such ammunition and primers shall be secured
from direct access from the public.
No more than ten thousand powder-actuated tool
loads may be displayed. Powder-actuated tool loads shall be located in an area that is secured from direct access from the public, such as by placement in a locked glass
showcase or metal cabinet.
It shall be unlawful to store smokeless propellants in
quantities exceeding 250 pounds (113 kg). Smokeless propellants in smaller amounts may
be stored only if approved. Such storage shall be as follows:
It shall be unlawful to store black powder in quantities
exceeding 250 pounds (113 kg). Black powder may be stored in smaller amounts only if
approved. Black powder in quantities less than 50 pounds (23 kg), when such storage is
approved, shall be stored in a Type 2 or Type 4indoor or outdoor magazine. Black powder
in quantities of 50 pounds (23 kg) or greater, when such storage is approved, shall be stored
in an outdoor Type 1 or Type 2magazine. When black powder is stored with smokeless
propellants in the same magazine, the total quantity shall not exceed that allowed for black
powder.
Where small arms ammunition and small arms primers are stored in a building, a
combined quantity of not more than 100,000 may be stored, counting each round of
ammunition and each primer separately. Such storage shall be in compliance with the
following requirements.
The storage shall be in areas not accessible to the public.
Shelves in cabinets shall have vertical separation of at least 2 feet (610 mm).
Cabinets shall be located against a building exterior wall with not less than
40 feet (12 192 mm) between cabinets.
The minimum required separation between cabinets may be reduced to 20 feet
(6096 mm) provided that barricades twice the height of the cabinets are attached
to the wall, midway between each cabinet. The barricades shall be firmly
attached to the wall, and shall be constructed of steel not less than 0.25 inch
thick (6.4 mm), 2-inch (51-mm) nominal thickness wood, brick, or concrete
block.
No more than 100,000 powder-actuated tool
loads may be stored and displayed in a building. Quantities in excess of those authorized
for display as set forth in FC5606.5.1.4 shall be stored in accordance with FC5606.5.2.3.
The main store of powder-actuated tool loads shall be kept in an approved locked metal box.
The powder-actuated tool load storage box shall be kept away from heat and shall not be
stored in the same storage area or storage facility containing compressed gases or flammable
liquids.
The storage area or storage facility in which the locked metal powder-actuated tool load box
is stored shall bear a permanent sign bearing the words "DANGER-AMMUNITION" in
2-inch (51-mm) white letters on a red background.
Powder-actuated tools shall not be used in an explosive atmosphere.
The certificate of fitness holder shall establish a safe zone behind a work area in which
powder-actuated tools are to be used by evacuating the area or placing a barrier constructed
of 1/2 inch (12.7 mm) steel plate.
At least one portable fire extinguisher having a minimum 2-A rating shall be provided in the
area where powder-actuated tool loads are stored.
Storage of powder-actuated tool loads shall comply with the requirements of NFPA 495.
Storage shall be limited to not more than seven hundred fifty thousand powder-actuated tool
loads per premises unless larger quantities are authorized by the department.
All construction work necessary and appropriate to
ensure a safe blasting operation, including shoring and underpinning of affected buildings,
structures and infrastructure, shall be performed in accordance with the Building Code.
A permit issued pursuant to FC105.6 for the use of explosives for blasting
operations, including excavation and demolition work, shall be issued for a period of up to 9
months. Such permit may be renewed for additional periods of up to 9 months, provided that
the owner and blasting contractor have complied with the requirements of this chapter.
Blasting operations shall be performed
in accordance with the instructions of the manufacturer of the explosives being used. Prior to
conducting a blasting operation using explosives with which the blasting crew is unfamiliar,
the blasting contractor shall ensure that the manufacturer of such explosives conducts an onsite training session for such crew. A record of attendance shall be kept of such training session
and upon completion, the manufacturer and the blasting contractor shall certify that the blasting
crew is qualified to use the explosives.
Application for a permit for use of explosives for blasting operations
shall be made by submission of a pre-blasting survey, blasting plan, monitoring plan, and site
security plan. The owner and/or its general contractor or blasting contractor shall retain the services
of a professional engineer, licensed to practice in New York State, to conduct a pre-blasting survey
and prepare a blasting plan in accordance with FC 5607.2.1 and 5607.2.2, and a blast monitoring
specialist holding a certificate of fitness for such purpose to prepare a monitoring plan in
accordance with FC5607.2.3.
Prior to commencement of blasting operations, a professional
engineer shall conduct a structural survey of all buildings, structures, and infrastructure,
including all landmarks and monuments, within 100 feet (30 480 mm) of the property line of
the job site. The pre-blasting survey shall include the names and contact information of owner
representatives of all affected buildings, occupancies and infrastructure.
The pre-blasting survey shall assess and
document the existing conditions of the interior and exterior of affected buildings,
structures and infrastructure, provided that if, after reasonable good faith efforts, access to
the interior of a building, structure or infrastructure cannot be obtained, it shall be sufficient
that such survey assess and document the condition of the exterior of such building,
structure or infrastructure. The pre-blasting survey report shall include photographs and/or
videos, documenting any pre-existing conditions that may be exacerbated by blasting operations, including cracks and structural defects, and their location, length, size,
thickness, and type. The report shall also specify the type of structural system of each
affected building in a sufficient manner to allow the professional engineer to recommend
the appropriate vibration limits, subject to department approval, not to exceed the limits set
forth in FC5607.19.1. The professional engineer shall also specify whether use of the
global strain method in accordance with FC5607.19.1 is recommended for each affected
building. Where the professional engineer determines that a building has potentially unsafe
conditions or conditions that might become potentially unsafe as a result of blasting
operations, blasting operations shall not proceed before mitigation procedures are
performed in accordance with FC5607.9.6 and as may be otherwise required by the
department.
If application is made for renewal of the
permit for excavation or demolition blasting at a job site, the owner or the owner's blasting
contractor shall cause any pre-blasting survey to be updated as necessary to address any
change in conditions in the area to be surveyed.
Applications for a permit for use of explosives for blasting operations
shall include a blasting plan. The blasting plan shall be prepared by a qualified engineer or
blaster as set forth in the rules. The blasting plan shall take into account soil (and rock) type
and conditions and be designed to meet the vibration limits imposed by this section and the
approved monitoring plan. The blasting plan shall include the following information and
documentation and such other information and documentation as the department may require:
The nature of the blasting operation: aboveground excavation, tunneling or other
underground excavation, underwater blasting, demolition operation, or other blasting
operation.
The types of explosives to be used, quantities, charge weight per initiation, blast
sequence and pattern, and number, depth and diameter of drill holes.
For demolition operations:
Engineering drawings showing the height and elevation of the building or structure
to be demolished;
An engineering analysis of the building or other structure and the techniques that
will be used to cause it to implode or otherwise collapse.
An engineering analysis of the impact of the collapse of the building, including
ground vibration and air overpressure impacts on surrounding buildings, structures
and infrastructure
Floor plans and structural details showing the exact locations at which explosive
charges will be placed, structural elements cut and/or other measures taken to cause
the structure to implode or otherwise collapse in accordance with the engineering
analysis.
The location and dimensions of the proposed blast area and other safety zones to be
maintained during blasting operations, including clearance to the surrounding buildings,
structures and infrastructure.
Where blasting may disrupt underlying soil or rock conditions, the blasting plan shall
specify the manner in which such consequences will be prevented or mitigated.
For fragile buildings or those having fragile elements potentially endangering the public,
limits less than those established in FC Table 5607.19.1 shall be proposed for review and
approval by the department.
Copies of all other applicable permits and approvals.
A monitoring plan shall be prepared and
submitted for department review and approval setting forth the manner in which blast impacts
(ground vibrations and air overpressure) upon buildings, structures, and infrastructure will be
monitored. The monitoring plan shall be based upon the blasting plan and the pre-blasting
survey, including the findings of the engineer who conducted the survey of structural
conditions. The monitoring plan shall include the following information and documentation
and such other information and documentation as the department may require:
The location and elevation of vertical control points on such buildings, structures and
infrastructure, and shall set forth the type and location of any monitoring devices to be
used, including tell-tales. The department may require monitoring of water shock when
submarine (underwater) blasting is conducted.
Actions to be taken in response to limits for ground vibration and/or air overpressure
being exceeded, including building inspection procedures, staffing, and use of the global
strain method.
Preparation and submission to the Department of Buildings such documentation as that
agency may require with respect to the continuing structural stability of affected
buildings and any actions that may need to be taken to protect public safety.
When directed by the department, one or more site survey meetings
shall be conducted at the job site, as site conditions require, for the purpose of reviewing the
measures that the blasting contractor will be required to undertake to safeguard affected buildings,
structures and infrastructure. Such site survey meetings shall be attended by representatives of the
department, general contractor and blasting contractor and the blast monitoring specialist. The
department may require that the owner make all necessary notifications.
In consultation with the department, and prior to the
issuance of any permit for blasting operations, the owner or the owner's blasting contractor shall
provide written notice of the filing of the blasting permitapplication to the council member and
community board for the district or districts within which the job site and property within 100 feet
(30 480 mm) thereof is located. Such notice shall include the date and location of the multi-party
coordination meeting required by FC5607.5, which shall be scheduled not less than 21 calendar
days from the date of delivery or mailing of such notice. The owner or the owner's blasting
contractor shall also deliver or mail such notice to such federal, state and city officials and agencies
and other affected stakeholders as may be invited to participate in the multi-party coordination
meeting. Proof of delivery or mailing of such notice shall be filed with the department.
A multi-party coordination meeting shall be
conducted for the purpose of reviewing the proposed blasting operations and the measures that the
blasting contractor will be required to undertake to safeguard affected buildings, structures and
infrastructure. The owner or the owner's blasting contractor shall invite the participation of owners
of affected buildings, structures and infrastructure as determined by the department to be
appropriate, and shall in addition notify the Department of Buildings of the meeting. The
department may also request the participation of other federal, state and city officials and agencies,
including the New York City Department of Emergency Management, Department of
Environmental Protection, Metropolitan Transportation Authority, United States Coast Guard and
United States Army Corps of Engineers, as appropriate.
Prior to the multi-party coordination meeting, the
owner or the owner's blasting contractor shall prepare and submit to the Department of
Buildings such documentation as that agency may require.
Public utilities and other owners of electrical,
natural gas, water and other utility infrastructure shall provide information to the department
and the blasting contractor, including the location, depth, size, construction, condition and age
of such infrastructure, including location of isolation valves, and any other information that
the department may require to determine the measures that the blasting contractor will be
required to undertake to safeguard such infrastructure during blasting operations. Such
information shall be provided to the department upon request prior to approval of blasting
operations and be readily available for the duration of blasting operations.
The blasting
contractor shall conduct blasting operations in a manner that minimizes its impact on
surrounding buildings and protects public safety. Good faith measures, such as scheduling
blasting at those times when students in affected schools are not arriving, departing or outdoors
and when services are not being held at houses of worship, shall be taken, especially in
congested areas. Appropriate procedures for such coordination shall be established at the
multi-party coordination meeting.
After the multi-party coordination
meeting, the owner and/or its general contractor or blasting contractor shall submit to the
department for review and approval such additional information and documentation as may be necessary to complete the permitapplication. Thereafter, the department may conduct one or more
additional site survey meetings to confirm the adequacy of the blasting, blast monitoring and
security plans and/or identify additional measures needed to assure safe blasting operations, such
that the department can approve the application.
Not less than 2 calendar days nor
more than 5 calendar days prior to the commencement of blasting operations, the owner or the
owner's blasting contractor shall provide written notice of same to each council member and
community board whose respective districts include the job site or property within 100 feet
(30 480 mm) thereof, and the local fire company. Such notice shall contain the anticipated dates
of issuance and expiration of the blasting permit, the dates on which blasting operations are
anticipated to take place, and the telephone numbers for the blasting contractor and the department
to which complaints and inquiries about the blasting operations may be made. The owner or the
owner's blasting contractor shall in addition forward a copy of the written notice to the owners of
all buildings within 100 feet (30 480 mm) of the job site. Owners of such buildings shall post such
notice at a conspicuous location within each such building in a manner prescribed by the
department to ensure adequate visibility. If blasting operations continue for a period of more than
1 month, additional notice shall be given to owners of such buildings and posted by such owners
on a monthly basis for any month in which blasting operations are to be conducted.
When it is satisfied that the owners and/or its general contractor and
blasting contractor have met all requirements for blasting operations, the department may issue a
permit for blasting operations. The permit may be issued on the day blasting is scheduled to
commence.
The department shall approve the size of
the blast area, which shall be not less than 500 feet (152 400 mm) in diameter, and the size of
blast site, which shall be a minimum of 50 feet (15 240 mm) in all directions from the perimeter
of the area in which explosives are being or have been loaded, including all holes loaded or to
be loaded for the same blast.
The quantity of explosives used in a blast shall be no more than necessary to accomplish
the task and shall be approved by the department.
Blasting and job site personnel shall not fight fires in close proximity to explosives. All
persons shall be removed to a safe area, the area affected by the fire shall be secured from
entry, and the department shall be notified immediately.
Primers shall be made only at the blast site, as needed. They shall be kept separate from
all other explosives at all times until placed into the boreholes.
Loading operations shall not take place on a cut or heading within 25 feet (7620 mm) of
drilling or mucking operations.
When tunnel blasting is to be performed:
Advance or probe drilling shall be used to determine the nature of face ahead. Face
shall be removed by the blaster using the smallest quantity of explosive necessary
to achieve the desired blast.
When blasting under compressed air is to be performed, detonators and high
explosives shall be taken separately through the air lock with no other equipment
to the pressure working chamber and immediately loaded. Unused explosives shall
be returned to magazines before engaging the blasting circuit.
Before firing an underground blast, the blaster shall have guards posted to all
entrances to the danger zone, including any drift, raise, or other opening that may
be expected to hole through.
When demolition blasting is to be performed, the building to be demolished, as well as
adjacent buildings within the blast area, shall be searched just prior to the blast to ensure
that they are unoccupied.
When submarine (underwater) blasting is to be performed:
The drill boat shall be moored outside of navigation channels at night, equipped
with a hose reel line capable of reaching any point on the deck for protection against
fires, and durable "NO SMOKING" signs in compliance with the requirements of
FC310 shall be conspicuously posted at approved locations on the boat. A red flag
shall be flown during the day and approved United States Coast Guard warning
lights shall be lit at night to indicate explosives storage aboard the drill boat.
Warning buoys shall be positioned to indicate areas blasting operations are being
conducted.
Blasting operations shall cease while any marine traffic or divers are within a
1,500 ft. (457 200 mm) radius of the drill boat.
Prior to the commencement of excavation blasting at a job site, and at such other time
as the department may require, the blaster shall review with a department representative
the blasting patterns to be utilized in connection with such blasting operations.
For
blasting operations near or adjacent to a natural gas utility infrastructure, the utility company
may require access to the job site so that a leak survey may be conducted prior and subsequent
to blasting operations. The blasting contractor shall provide the utility company access to the
job site for such purpose.
For demolition blasting, the blasting contractor shall coordinate
with and provide access to the utility company to disconnect all power lines within 100 feet
(30 480 mm) of the structure to be demolished, and sever physically from the main street lines,
and cap as close to the main as possible, all services extending into the structure. Blasting shall
not be conducted unless existing utility service street lines are cut and capped.
For submarine (underwater) blasting, the utility
companies shall provide the department and blasting contractor with the locations of any and
all underwater infrastructure within 1 mile (1.6 km) of the blast site.
When blasting is conducted in a congested area or in
close proximity to buildings, structures or infrastructure that may be subjected to blast-induced
ground vibrations or air overpressure, or whose use and occupancy may otherwise be seriously
affected by blasting operations, the blaster shall schedule the timing of each blast and take
appropriate precautions in its loading, confinement and initiation, so as to minimize the effect
of the blast upon surrounding uses and occupancies, as set forth in FC5607.5.3, and to control
the ground vibrations and air overpressure effects. Shoring or other means approved by the
commissioner of buildings shall be used to reinforce buildings, retaining walls and other
structures and infrastructure that are susceptible to damage from vibration and air overpressure
effects, and weak rock shall be manually removed by gads, picks or crowbars, without the use
of explosives. When blasting is unavoidable in the vicinity of such buildings, structures and
infrastructure, only light face blasts with short lines of resistance and small charges shall be
used.
The blasting contractor shall monitor weather conditions to
alert the blaster at the job site of approaching electrical storms. The commissioner may require
that the blasting contractor use an approved device for such purpose.
The blasting contractor shall immediately
suspend blasting operations and immediately notify the department should any condition arise
from blasting operations that involves the structural integrity of a building, structure or
infrastructure or that otherwise threatens the safety of the general public. The blasting
contractor shall also immediately notify the Department of Buildings of any condition that
involves the structural integrity of a building, structure or infrastructure. Blasting operations
shall not resume until authorized by the department. The blasting contractor shall notify the
department of all other complaints on the day which they are received, including complaints
of noise and minor damage.
Blasting operations shall be conducted within the confines of
sunrise to sunset, but in any event no earlier than 7:00 am (0700 hours) and no later than 7:00
pm (1900 hours), Monday through Saturday. The written authorization of the department shall
be required in order to conduct blasting operations at any other times, or on Sunday, and may
be granted or revoked by the department in the interest of public safety.
Except where overnight storage of explosives is approved and except as may be approved for underground job sites, the blasting contractor shall arrange an inspection by the fire company in whose administrative district the job siteexplosives is located, to be conducted after the final blast of the day is fired, for the purpose of verifying that explosives have been removed from the job site. During each such inspection, the blasting contractor shall open and latch back each empty magazine door and verify that the magazine doors or other openings are oriented toward the job site entrance.
If a demolition project is in proximity to blasting
operations, the blasting contractor shall advise the demolition contractor of the blasting
contractor's warning signals.
Detonators shall be stored, handled and used in accordance
with the following safety precautions:
Detonators used in a single blast shall be of the same manufacture, style and function to
ensure compatibility.
Signs reading "DANGER—BLASTING AREA—NO RADIO TRANSMITTING"
shall be conspicuously posted on the street side of the job site or on the drill boat.
Prior to loading explosives, the blast site shall be tested for any stray currents. Such
currents shall be eliminated before loading explosives.
Care shall be taken in the selection of the blasting circuit and an adequate energy source
for initiation, and in making electrical connections. Circuits shall be tested to ensure the
current is 50 mA or less, and only with a blaster's galvanometer or blaster's multimeter.
Detonators shall be shunted or short circuited until wired into the blasting circuit. The
lead line shall also be shunted, unless testing the blasting circuit or preparing to fire.
Precautions shall be taken to prevent accidental discharge of electric detonators from
currents induced by radar and radio station transmitters, adjacent power lines,
substations, third rails, dust, lightening and snowstorms, or other stray electrical currents.
No radio transmission with any handie-talkies, CB radios, cell phones or other devices
shall be allowed within 100 feet (30 480 mm) of electric detonators.
For tunnel blasting, only an approved type of loading light shall be used. All regular
light and power circuits shall be disconnected and removed to a location at least 100 feet
(30 480 mm) from where explosives are being loaded. The only circuit allowed within
100 feet (30 480 mm) of the blast site shall be the one being used to fire the charges.
During compressed air operations, all metal pipes, rails, air-locks and steel tunnellining shall be electrically bonded and grounded at or near the portal or shaft, and shall
be cross-bonded at 1,000 feet (304 800 mm) intervals throughout the length of the
tunnel. In addition, each low air supply pipe shall be grounded at its delivery point.
Security shall be maintained at the job site in accordance with the site security
plan pursuant to FC5607.2.4. The blasting crew shall be trained in the safe storage, handling and
use of explosives. During the time that holes are being loaded or are loaded with explosives,
blasting agents or detonators, only authorized persons engaged in drilling and loading operations
and department representatives shall be allowed at the blast site. The blaster may authorize other
persons to enter the blast site but such persons shall remain under the personal supervision of the
blaster at all times. When necessary to ensure that the blast area is and remains clear, the blaster
shall post blasting contractor personnel with red flags at the perimeter of the blast area to prevent
pedestrians and traffic from entering. The job site shall be barricaded, and the assistance of law
enforcement personnel requested, as necessary, to ensure compliance with these requirements. Job
site security shall be maintained until the post-blast procedures have been completed.
Holes drilled for the loading of explosive charges shall be of a diameter
sufficient to insert explosives to the bottom of the borehole without forcing or ramming. The
following drilling precautions shall be observed:
Only poles made of wood or plastic that have no metal parts shall be used for loading or
tamping explosives.
Explosives shall be set in place or pressed in place by steady, even pressure with the tamping
pole, avoiding forceful blows.
Blasting mats or other approved protective measures shall be
used to prevent the ejection of projectiles in accordance with FC 5607.12.1.1 through
5607.12.1.4.
Before firing explosives, blasting
mats or other approved protective measures, made of woven matting rope, rubber tire, steel
cable or other approved material, shall be placed as necessary to prevent the ejection of
projectiles. The type, amount and manner of application of the protective covering is
subject to approval.
Blasting mats or other approved protective measures may
not be required when the heading to be blasted is situated more than 100 feet (30 480 mm)
from the mouth or opening of a tunnel and is at least 10 feet (3048 mm) below the outer
surface of the surrounding rock.
The department may waive the requirements of blasting
mats or other approved covering in connection with demolition blasting upon a
determination that the use of such mats would not provide protection from the blast. The
blasting contractor shall take precautions to protect subsurface infrastructure from blast
damage, including protecting manholes, transformers and sewer grades or covers with
metal plates, timber and/or soil. The blasting contractor shall take such other precautions
as the department may prescribe in the interest of public safety.
After loading for a blast is completed and before firing,
excess explosives shall be removed from the area and returned to the proper storage facilities.
The blaster shall supervise the connecting of the blastholes and the
connection of the lead line to the power source or initiation point. Connections shall be made
progressively from the blasthole back to the initiation point. Blasting machines and all other
equipment used to fire blasts shall be under the personal supervision of the blaster. Blasting lead
lines shall remain shunted or short circuited and shall not be connected to the blasting machine or
other source of current until the blast is to be fired.
No blast shall be fired until the blaster has made certain that all excess
explosives are in a safe location in accordance with FC5607.13, all persons and equipment are at
a safe distance or under sufficient cover, and that an adequate warning signal has been given. The blaster shall be the last person to leave the blast area. The blaster shall fire each shot or designate
the apprentice blaster to do so, provided the apprentice blaster is in a direct line of sight of the
blaster and awaits the firing signal which only the blaster shall give.
A shot shall be fired as soon as possible after loading
is complete. An audible warning signal made by an air whistle, air horn or other similar device
shall sound before each shot is fired. All personnel working in or near the blast area shall be
familiar with the warning signal system. Signs describing the warning signal system shall be
posted at conspicuous locations at the job site, as approved by the department. The following
audible warning signal system shall be used:
One long signal—Preparing to blast, (clear the blast area).
Two short signals—Ready to blast, (after the blaster checks that the blast area is clear).
Three short signals—All clear, (after the blaster completes post-blast procedures).
After the blast, the following procedures shall be observed:
Immediately after the blast has been fired, the firing line on electrically initiated shots shall
be disconnected from the blasting machine. No person shall return to the blast area until
allowed to do so by the blaster.
The blaster shall allow 20 minutes time for smoke and fumes to dissipate and for dust to
settle before returning to or approaching the blast area.
The blaster shall inspect the entire blast area for misfires before allowing other personnel to
return to the blast area. No mucking or drilling operations shall take place until all misfires
are rendered safe in accordance with FC5607.18. Once mucking commences, the blasting
crew shall continuously check for undetonated cartridges, wrappers, caps and cap wires,
which shall be removed from the muck pile prior to haulage to rock dumps, and handled in
accordance with FC5604.10.
In demolition blasting, the muck pile shall be wetted down and the blasting crew shall make
a second search for undetonated explosives as set forth in FC5607.17(3). The blasting
contractor shall restore adjacent buildings and structures to their pre-existing condition by
removing all dust, dirt and debris caused by blasting operations.
If blast impacts exceed the permissible limits in FC5607.19.1, as determined by the blast
monitoring specialist, blasting shall cease immediately and the blaster and/or other trained
and knowledgeable representatives of the blasting contractor shall immediately investigate
whether there is any damage to the affected buildings or structures.
Where a misfire is suspected, all initiating circuits shall be traced and a search
made for unexploded charges. Where a misfire is found, the blaster shall immediately implement
safeguards in compliance with the following requirements:
Cordon off and otherwise secure the blast area from entry.
No other work shall be performed except that necessary to remove the hazard of the misfire.
No attempt shall be made to extract explosives from any charged or misfired hole; a new
primer shall be loaded and the hole reblasted, if such action does not present a hazard. If
refiring of the misfired hole presents a hazard, the explosives may be removed by washing
out with water or blown out with air.
No drilling, digging, or picking shall be allowed until all missed holes have been detonated
or the blaster determines that work can proceed, but no drilling shall be conducted into a
previously fired hole.
All misfires and the disposition of explosives involved shall be recorded on forms prescribed
by the commissioner.
Ground vibrations, measured in terms of peak particle
velocity (PPV), shall not exceed the limits set forth in FC Table 5607.19.1. The maximum
acceptable level diverges above 80 Hertz depending on the construction type of the most
vulnerable building or other structure that will be affected by the blast.
Unless otherwise authorized
by the department, the blast monitoring specialist shall ensure that appropriate equipment
is utilized, in accordance with the rules, to enable the calculation of global tensile wall
strain after each blast. If peak particle velocity (PPV) limits set forth in FC Table 5607.19.1
are exceeded, then measurements obtained from structure-mounted geophones shall be
used to compute global shear wall strain and subsequently the maximum global tensile wall
strain over the entire height of the building or structure for each of two perpendicular
structure walls closest to the blast. Global tensile wall strain, computed from the maximum
time-correlated differential displacement time histories measured between the upper and
lower portions of the building or structure, shall not exceed:
25 µ-strains in any one of two conjoined walls closest to the blast for structures
consisting of fragile aged interior plaster and other vibration-sensitive materials, and
landmark structures; and
50 µ-strains for buildings constructed of modern drywall in or after 1950.
Air overpressure shall be measured by one or more
overpressure microphones mounted at multiple outdoor locations selected by the blast
monitoring specialist to monitor the impact of air overpressure, including the closest
building or structure, vulnerable buildings or other areas of concern, and other suitable
locations. Additionally, in all cases where air overpressure upon structures of concern is
required to be monitored, including demolition, tunnel blasting, and underwater blasting,
structure-mounted geophones shall be utilized as required by the rules.
Vibration and noise shall not exceed the limits established by the
Metropolitan Transit Authority, Department of Environmental Protection, Department of
Transportation and Department of Buildings and other agencies responsible for ensuring
the structural integrity of affected buildings, structures and infrastructure.
The blast monitoring specialist
shall have the authority to order the blasting contractor and blaster to discontinue blasting
operations upon a determination that a blast has exceeded the limits in FC5607.19.1. If a blast
exceeds permissible limits, the blast monitoring specialist shall immediately notify the blaster
and/or other representative of the blasting contractor with authority to halt blasting operations.
Upon such notification, the blaster and/or other blasting contractor representative shall
immediately discontinue all blasting operations, notify the department in accordance with
FC5607.19.4.1, and initiate an investigation in accordance with the blasting plan into whether
there is any damage to the affected buildings or structures. Where the investigation identifies
any unsafe conditions or conditions that further blasting might cause to become unsafe,
blasting operations shall not resume until approved mitigation measures have been
implemented in accordance with FC5607.9.6 and as otherwise required by the department.
A copy of the pre-blasting survey, the blasting plan for demolition
blasting, the blasting patterns utilized for excavation blasting operations, and the vibration and air
overpressure measurements required by this section, shall be maintained at the job site until the
completion of blasting operations, and, together with any post-blasting survey required by
FC5607.22, shall thereafter be kept by the owner or the owner's blasting contractor for a period of
3 years from the completion of blasting operations at the job site. Such records shall be made
available for inspection by any representative of the department and the Department of Buildings.
The department shall develop and establish a protocol with
the Department of Buildings, Department of Emergency Management and such other agencies as
the department determines to be necessary and appropriate, by which notification of blasting
operations and reporting of unsafe conditions and complaints is to be coordinated.
The owner and/or its general contractor or blasting contractor shall
retain the services of a professional engineer, licensed to practice in New York State, to conduct a
post-blasting survey in accordance with 5607.22.1 through 5607.22.2.
Whenever demolition blasting is conducted, such professional
engineer shall, upon the completion of the blasting operations at the job site, conduct a
structural survey of all of the buildings, structures and infrastructure previously surveyed and
submit to the department a report documenting the elevations of the vertical control points and
the absence of any observable changes in the pre-existing condition of such buildings,
structures and infrastructure, or identifying any changes and the conclusions to be drawn
therefrom. Elevations of the control points shall again be measured by such professional
engineer at intervals of 1 and 6 months after the completion of the demolition work, and a
report containing this data, and conclusions to be drawn therefrom, shall be promptly submitted
to the department as an addendum to the original post-blasting survey.
The department may require the owner, the owner's general
contractor, or the owner's blasting contractor to retain such a professional engineer to conduct
a post-blasting survey at any time during or upon the completion of blasting operations upon
a determination that such a survey is necessary or appropriate as a result of ground vibration
levels exceeding the reporting level set by the department, or other good cause.
The discharge or other use of fireworks shall comply with the requirements of the
New York State Penal Law Article 405, this chapter, the rules, NFPA 1123, and all other applicable
laws, rules and regulations.
A fireworks displaypermit shall be issued in
the name of the sponsor of the display or other event and shall specify the date, time and
location of the display or other event, the amount and types of fireworks to be discharged, 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 name, address, telephone number and email address of the sponsor.
The name, address, telephone number and email address of the fireworks display
contractor.
The date, rain date, time, and exact location proposed for the fireworks display and its
approximate duration.
The number and size of the fireworks to be discharged or otherwise used or stored for
use for the display or other event.
The written authorization of the sponsor of the display or other event.
The name of all persons personally supervising the discharge or other use of fireworks
and the number of each person's certificate of fitness. There shall be not less than two
such persons for any fireworks display.
The number, size, type, and approval number of the fireworks to be discharged. The
approval number shall be the EX-number issued by the United States Department of
Transportation.
For onshore displays, a dimensional diagram of the display site containing the following
information:
The location where the fireworks are to be stored.
The location of all buildings, structures, infrastructure, streets, piers, bridges,
railways, parking lots, utility lines and bulk plants and terminals within 1,500 feet
(457 200 mm) of the discharge site, and, as determined by the department, other
protected exposures within such distance, the occupancy thereof, the use, and the
distance from the outer perimeter of the discharge site to such buildings, structures,
infrastructure, streets, piers, bridges, railways, parking lots, utility lines, bulk plants
and terminals or other protected exposures.
The location of any trees and overhead obstructions within 1,000 feet (304 800
mm) of the discharge site, including the distance to such locations from the outer
perimeter of the discharge site.
The viewing areas to which all observers will be restricted, including the distance
to such locations from the outer perimeter of the discharge site.
For offshore displays, a dimensional diagram of the display site containing the following
information:
The discharge site, by reference to the shorelines and nearby structures, indicating
the distances thereto.
The layout of the barge, including the discharge site and the location of the control
panel, all safety barriers and structures, and fireworks storage.
The location of all buildings, structures, infrastructure, streets, piers, bridges,
railways, parking lots, utility lines and bulk plants and terminals within 1,500 feet
(457 200 mm) of the discharge site, and, as determined by the department, other
protected exposures within such distance, the use or occupancy thereof, and the
distance from the outer perimeter of the discharge site to such buildings, structures,
infrastructure, streets, piers, bridges, railways, parking lots, utility lines, bulk plants
and terminals or other protected exposures.
All viewing areas at or near the shorelines, including the distance to such locations
from the outer perimeter of the discharge site.
An application for a fireworks displaypermit shall be denied if the
department determines that the display cannot be safely conducted. The department may take
into consideration the time and place of the display or event for which a permit is sought, other
scheduled events, and the ability of the department to effectively monitor such display or event,
in determining whether to grant or deny such application. The department may also deny an
application if it is incomplete or for lack of cooperation by the fireworks contractor or the
sponsor.
The fireworks displaypermit shall be issued to the sponsor. The
permit shall specify the exact location of the display, the date and approximate time of
commencement of the display, and such other conditions as the department may prescribe to
ensure the safe conduct of the display. The fireworks displaypermit shall be deemed to
incorporate the terms and conditions set forth on the fireworks display plan approved by the
department, including the separation distances required by the department. Firework displays
shall be scheduled to commence no later than 9:30 pm (2130 hours).
The fireworks display shall be conducted in accordance
with the fireworks displaypermit and the directions of department representatives. Failure to
conduct a display in accordance with the terms of the permit or such directions may result in
denial of future applications for such permits, suspension or revocation of the fireworks
contractor certificate, suspension or revocation of the certificate of fitness, and such other
penalties as may be provided by law, rule or regulation.
Fireworks displays shall be conducted using 1.3G, 1.4G, and 1.4S
fireworks. The fireworks shall be arranged, located and discharged in a manner that will not
endanger any person or damage any property.
Aerial shells or other aerial fireworks shall not exceed 10
inches (254 mm) in diameter and salute shells shall not exceed 3 inches (76.2 mm) in diameter
or length unless authorized by the fireworks displaypermit. Such authorization shall only be
granted if the applicant can demonstrate to the satisfaction of the department special
circumstances warranting the use of such oversize shell and that such shell can safely be
discharged within the confines of the display site. No such request shall be considered on the
day of the fireworks display.
The storage of fireworks at the display
site shall comply with the requirements of this section and NFPA 1123. Only fireworks to be used
for the permitted display may be stored at the display site.
Fireworks may be delivered and stored at the display site
not earlier than 12 hours before the permitted display, unless otherwise authorized by the
department. Fireworks may not be unloaded from the delivery vehicle except in the presence
of a department representative.
Any shells and other fireworks that are not to be used during a
fireworks display, including fireworks that are defective or damaged, shall be temporarily
stored during the fireworks display in ready boxes placed in a delivery vehicle located upwind
and at least 25 feet (7620 mm) from the mortar placement.
Mortars shall be constructed of steel or high-density
polyethylene. The size of the mortar shall be sufficient to safely discharge the shells placed in
it.
Mortars shall be positioned and discharged as follows:
Mortars shall not be set up during night hours (between sunset and sunrise).
Mortars shall be of sufficient strength and shall be arranged and positioned so that the
shells may be safely discharged.
Mortars shall be placed in as near a vertical position as possible. Mortars and other
devices used to discharge fireworks shall be installed in accordance with NFPA 1123 and
shall be positioned such that the shells are projected in a direction that ensures that they
combust, deflagrate or detonate above the fallout area and all unexploded fireworks fall
into the fallout area. Under no circumstances shall mortars be angled toward the viewing
area.
Mortars shall be of sufficient length to cause aerial shells to be projected to safe heights.
Mortars more than six inches (152 mm) but not more than 10 inches (254 mm) in
diameter shall be placed in sand-filled steel drums or heavy plastic drums not less than
32 gallons (121 L) in capacity, or metal racks approved by the department. Wood racks
or wood troughs, filled with sand, may also be used for mortars six inches (152 mm) or
less in diameter.
Except for mortars placed in wood racks, mortars shall be buried to a depth of between
two-thirds to three-quarters of their length.
Except for mortars placed in wood racks and as may otherwise be provided in this
section, mortars shall be separated from adjacent mortars by a distance of at least 2 inches
(51 mm) or the diameter of the larger mortar, whichever is greater.
Except as otherwise provided in this section, there shall be a separation distance of at
least 2 inches (51 mm) or one-half of the diameter of the mortar, whichever is greater,
between the mortar and the wall of the drum or trough.
Prior to placement, mortars shall be inspected for defects, such as dents, bent ends,
damaged interiors and damaged plugs. Defective mortars shall not be used. Any scale
found on the inside surface of the mortars shall be removed prior to placement.
Wood racks. Wood racks, which may be used in conjunction with firework displays
only for mortars six inches (152 mm) or less in diameter, shall be designed and operated
as follows:
Wood racks shall be of sufficient strength to prevent adjacent mortars from being
repositioned in the event that a shell detonates in a mortar, causing the mortar to
burst.
The use of wood racks shall be limited to single break shells not exceeding 6
inches (152 mm) in diameter.
Mortars placed in wood racks shall not be reloaded during the display.
Mortars shall be loaded during daylight hours (between sunrise and sunset). Mortars
shall not be loaded during night hours (between sunset and sunrise).
All unloading of fireworks from the delivery vehicle and loading and fusing of the
fireworks shall be conducted under the supervision of a certificate of fitness holder in the
presence of a department representative.
All shells shall be inspected by a certificate of fitness holder for fireworks display
immediately prior to placement. Any shells that are torn, leaking, show signs of having
been wet or have broken fuses shall not be used.
When loading into mortars, shells shall be held by their lowering cords (if provided) or
their fuses (if no lowering cord is provided).
Shells shall be lowered carefully into the mortar, such that they are properly seated in,
and flush with, the bottom of the mortar. Shells shall never be forced into a mortar.
No person shall place any part of his or her body over the mortar during its loading.
Control panels used to conduct firework
displays shall be designed, installed and operated as follows:
The control panel and all related equipment, including any junction boxes, shall be
located within the display site, at least 50 feet (15 240 mm) from the discharge site, with
a clear line of sight to the discharge site.
A protective barrier capable of withstanding the impact of falling debris or a misfired
shell and made of or covered with a fire-retardant material shall be provided between the
control panel and the discharge site and above the control panel. Such protective barrier
shall be of sufficient size to protect the control panel and all persons who will be
positioned at the control panel during the fireworks display, including at least one
department representative.
The control panel shall be provided with a double safety switch to prevent premature
activation of current to the shells, such as combination of keys or single throw switches
connected in series, both of which must be activated for current to flow.
Each switch on the control panel, including testing and firing controls, shall be clearly
marked to indicate its function. The control panel shall be equipped with an indicator,
such as a light, a sound device, or both, to indicate when the control panel is armed for
firing.
If the control panel has a built-in test circuit, the unit shall be designed to limit the test
current to 0.05 ampere or to 20 percent of the no-fire current of the electric match being
used, whichever is less.
Multi-testers, such as volt-ohm meters, shall not be used for testing electric matches
unless the tester's maximum current delivery potential has been measured to be not more
than 0.05 ampere or 20 percent of the no-fire current of the electric match being used,
whichever is less.
Control panels shall be powered by batteries or isolated power supplies used for firing
purposes only. If batteries are used, they shall be self-contained in the firing unit or
otherwise covered or protected to prevent accidental contact with wires leading to the
fireworks. Control panels powered by commercial power may be used, provided that an
isolation transformer is used. The transformer shall be located within the firing unit or
elsewhere in the firing system.
Ground display pieces shall be positioned and discharged in
compliance with the following requirements:
Combustible materials located beneath ground display pieces shall be wet down before
the display. Vegetation within 50 feet (15 240 mm) shall be removed as set forth in
FC304.1.2.
Poles for ground display pieces shall be securely placed and braced so that they maintain
the proper position when fireworks are displayed.
The discharge of fireworks shall be conducted in compliance
with the following requirements:
All persons conducting the fireworks display shall wear clothing and protective gear in
compliance with the requirements of the regulations of the United States Department of
Labor, as set forth in 29 CFR Part 1910.
No fireworks shall be discharged if any person is at an unsafe distance from the point of
discharge. The certificate of fitness holders for firework displays shall ensure that all
persons have moved a safe distance away from such mortar or ground display piece
before firing it.
No more than one hundred shells may be ignited by a single fuse.
Control panel operation.
The control panel and all cables, junctions, and attached electric matches shall be
visually inspected immediately prior to the display. The control panel shall not be
in "test" status or "arm" status during this inspection.
Mortars shall be connected to the control panel and the circuit tested only after all
the shells have been loaded into the mortars and all electric matches are connected
to the fuses. Ground display pieces shall be connected to the control panel and the
circuit tested only after the fireworks have been loaded onto the display.
No person shall be in the discharge site when any circuit testing is performed.
If the testing of the circuits indicates a problem, the certificate of fitness holder for
fireworks display shall reinspect any cables, connections, or electric matches and
correct the problem. This reinspection shall be performed only after the control
panel has been switched off or disconnected from the power source.
Only such fireworks contractor personnel as are necessary for the proper and safe
operation of the display and department representatives shall be allowed at the
control panel when fireworks are being discharged.
No person shall be in the discharge site when fireworks are being discharged. The
certificate of fitness holder conducting an electrically-fired display shall personally
visually check the discharge site prior to commencing a display to ensure that the
area is clear of all persons, and shall not commence the display, or shall discontinue
it, at any time persons are observed within such area.
The control panel shall be switched off and all cables disconnected after the
conclusion of the display, prior to any cleanup or other work in the discharge site.
Offshore firework displays shall be conducted in compliance with
the following requirements:
Offshore firework displays shall be conducted in accordance with the requirements of
this chapter except as they may be inconsistent with this section.
Offshore firework displays shall be conducted from a barge maintained at a fixed
position, as designated on the firework display permit. No fireworks shall be discharged
from any tugboat or other vessel or platform.
Only fireworks to be discharged during the display shall be allowed on the fireworks
barges. Storage of excess fireworks on the barges is prohibited.
Fireworks to be used in an offshore fireworks display shall be installed, loaded and fused
on a barge moored at a lawful and safe location approved by the department in New York
City, or, when authorized by the department, outside of New York City, and in the
presence of department representatives. No installation, loading or fusing shall be
conducted on the barge after the barge departs from its mooring. Department
representatives shall accompany the barge from its mooring to the display site.
The fireworks display barge shall be towed into position by a tugboat authorized to
operate in New York City. The tugboat shall be under power at all times during the
display, so that all necessary maneuvering of the barge can be effected. The tugboat shall
be equipped with an instrument to measure the distance to the shore to enable the tugboat
to ascertain and maintain its position.
Barge design and construction. Barges used in conjunction with firework displays shall
be designed, constructed and maintained in compliance with the following requirements:
Only steel barges acceptable to the United States Coast Guard shall be used as
fireworks display barges.
Fireworks display barges shall bear durable signs on both sides reading
"Fireworks—Stay Clear". The lettering shall be at least 18 inches (457 mm) high
in red on a white background.
Fireworks display barges shall be provided with suitable barriers constructed and
arranged so as to protect the control panel, persons at the control panel, and the
tugboat from misfired shells, fireworks and falling debris.
Railings shall be provided around the control panel area to prevent persons from
falling overboard.
All personnel on board the fireworks barge or tugboat shall wear United States Coast
Guard approved flotation devices.
Conduct of the display. Offshore firework displays shall be conducted in compliance
with the following requirements:
All fireworks shall be discharged and directed in such a manner that any falling
debris, sparks or embers will not land upon the shore, or a wharf, pier, bulkhead
or other structure.
Reloading of mortars during the display is prohibited.
Communication shall be maintained at all times between the certificate of fitness
holders for fireworks display conducting the display, the tugboat pilot and the
command post.
One certificate of fitness holder for fireworks display shall be responsible for
monitoring the position of the barge and the trajectory of the fireworks and the
fireworks debris, and communicating to department representatives any change in
wind direction or other condition requiring repositioning of the barge or other
safety measure. Such certificate of fitness holder shall have no other duties during
the display.
Aerial shells shall be carried to mortars by the shell body. Shells shall never be
held by their fuses except when they are being loaded into mortars. For the purpose of loading
mortars, aerial shells shall be held by the thick portion of the fuse and carefully loaded into mortars.
The commissioner may require department personnel and
equipment to monitor the delivery, unloading, loading, and discharge of fireworks, and postdisplay site safety measures upon a determination that the presence of such monitoring is in
the interest of public safety.
Fireworks displays, including all unloading of
transport vehicles, loading and fusing of mortars and ground display pieces, and
discharging of fireworks, shall be conducted in the presence of one or more representatives
of the department.
The fireworks contractor's personnel, the certificate of
fitness holders conducting the display, and all other persons at the display site shall comply with the directions of department representatives, including any requirement different from
or in addition to those set forth in the fireworks displaypermit, when, in the judgment of
the department representative, such different or additional requirement is necessitated by a
change in site or weather conditions or is otherwise necessary to ensure the safe conduct
of the display.
No fireworks display shall commence until approval
has been given by the department representatives on the scene. Department representatives
may delay commencement of the display, or suspend or cancel the display, upon a
determination that such action is in the interest of public safety, by reason of weather or
other site conditions, the use of unapproved equipment or shells, the improper installation
or unsafe operation of the display, the presence of any unauthorized person within the
discharge site, the failure of any person to comply with the directions of the department
representatives, or other good cause. In no case shall a display commence or continue when
wind velocity exceeds 30 miles per hour (48.28 km per hour) as determined by the
department.
The representative of the fireworks contractor overseeing the
conduct of the display shall provide a command post from which the fireworks display may
be monitored by department representatives and a representative of the fireworks
contractor responsible for the conduct of the display. Such command post shall be located
onshore, in an area acceptable to the department that is outside of the discharge site, display
site and viewing areas, and that has an unobstructed line of sight to such areas.
The representatives of the fireworks contractor overseeing
the conduct of the display shall be present at the command post prior to the scheduled time
of the fireworks discharge, and shall be in radio or telephone contact with the certificate of
fitness holders conducting the display, the spotter, and for offshore displays, the tugboat
pilot. Such representative shall relay to such personnel or pilot any directions of department
representatives concerning the fireworks display, including authorization to commence the
display. No fireworks display shall be authorized to commence until such representative is
present at the command post.
At least one fireworks contractor employee shall be designated as the
spotter, whose sole responsibility during the display shall be to watch the flight and behavior
of the shells and to notify department representatives of any dangerous conditions occurring
during the display, such as hazardous debris falling into the audience. The spotter shall be in
direct radio or telephone communication with the command post.
The maximum height of discharge shall be determined by the
United States Federal Aviation Administration for each display. In no case shall any shell break
at a height greater than 1,200 feet (365 760 mm) above sea level.
Immediately upon conclusion of the fireworks display,
the certificate of fitness holders shall conduct an inspection of the display site, including each
mortar or other device used to discharge fireworks, for the purpose of locating unexploded
fireworks. This inspection shall be conducted before public access to the site is permitted. Certificate of fitness holders conducting a nighttime display shall conduct a daylight search of the
display site at the next sunrise. The certificate of fitness holder shall keep a record of all aerial
shells that fail to fire.
The certificate of fitness holders conducting any
fireworks display shall, within 24 hours of the completion of the display, submit to the
department a notarized post-display affidavit attesting to the fact that the area was found to be
free and clear of any fireworks or other explosive materials or devices.
Any fireworks found during the inspection required in FC5608.9 shall not be
handled until at least 15 minutes have elapsed from the time the fireworks were fired. The
fireworks shall then be doused with water and allowed to remain for at least 5 additional minutes
before being placed in a plastic bucket or fiberboard box and disposed of lawfully in accordance
with the manufacturer's instructions or the directions of the department.
Fees for firework displays shall be as set forth in FC Appendix A.
The department shall bill the fireworks contractor for the time spent by department
representatives inspecting or monitoring the fireworks display, including the unloading,
installation, loading and discharge of the fireworks, post-display site safety measures, and
any travel time and expenses associated with such inspection and monitoring at a mooring
outside of New York City.
The storage, handling and discharge or other use of any material, article or device
of an explosive, flammable, combustible or otherwise dangerous nature used to create a special
effect, including any pyrotechnic material, article or device, fireworks, 1.4G, and open flames,
shall be in accordance with this section, the rules and NFPA 1126.
Store, handle, discharge or otherwise use any material, article or device of an explosive,
flammable, combustible, or otherwise dangerous nature used to create a special effect,
without a special effectspermit issued pursuant to this section.
Conduct a special effectindoors or other enclosed structure if the materials, articles or
devices used to create such special effects contain or use antimony, arsenic, cadmium,
chromium, lead, mercury, naphthalene, nickel, selenium, or zinc, in amounts greater than
trace quantities.
The department may require department personnel and apparatus to
monitor the preparation and conduct of a special effect upon a determination that such
monitoring is in the interest of public safety.
Pyrotechnic materials, articles or devices shall not be left
unattended, except in a secured storage facility. Unauthorized access to the storage facilities
shall be prevented either through the means of a locking mechanism or through continuous
supervision.
A special effectspermit 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 pyrotechnic operator employed by a special effects
contractor holding a company certificate. A special effectspermit 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 effectsdisplay 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 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 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.
Certification by an appropriate holder of a certificate of fitness that the set, scenery,
curtains, and rigging materials are inherently flame-retardant or have been treated to
achieve flame resistance.
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 FC5601.2.4(4).
Ensuring that the site of the display or other event is left in a safe condition.
At least two portable fire extinguishers of the proper
classification and size applicable to the hazard associated, shall be readily accessible while the
special effects materials, articles or devices are being handled.
Fire protection devices, equipment or systems shall not be placed out
of service for a special effects display without department approval. When the conduct of a
special effects display requires that a fire protection device, equipment or system be placed out
of service to avoid a false alarm:
Individual initiating devices, such as smoke or heat detectors, not to exceed 1000 square
feet of coverage, may be placed out of service on a limited basis when authorized by the
special effectspermit. The out-of-service procedures, as set forth in FC Chapter 9, shall
be observed. The impairment coordinator shall ensure that such devices are returned to
normal operating condition upon completion of the special effects display or as soon as
the likelihood of a false alarm has passed.
Special effects shall not generate a quantity of smoke or mist,
including dry ice or chemical fogs, that would obscure the visibility of exit signs or paths of
egress travel.
The department may require the applicant to submit the following
information regarding the materials, articles and devices to be used in connection with any special
effects:
The name, address, and phone number of the manufacturer.
The name of the product and a description of its effect or use.
The performance characteristics, such as duration, height, and diameter of the special effects
created.
If a pyrotechnic article or device is used, whether the article or device is intended for indoor
use and whether it is to be used with any cautions or special considerations and instructions
for the proper method of placing, loading, and using the device.
All pyrotechnic materials, articles or devices
shall be stored in accordance with regulations of the Bureau of Alcohol, Tobacco, Firearms
and Explosives of the United States Department of Justice, as set forth in 27 CFR Part 555,
Subpart K.
Each pyrotechnic material, article or device discharged
or otherwise used to create a special effect shall be separated from any audience or bystanders
by not less than twice the fallout radius of the device or 15 feet (4572 mm), whichever is
greater.
Special effects materials, articles or devices shall be mounted in a secure
manner to ensure that when they are discharged or otherwise used they maintain the proper
position in accordance with the approvedpermitapplication.
Where a special effects material, article or device is placed
on or in contact with a performer's body, appropriate shielding or other form of protection
adequate to prevent any injury to the performer shall be provided. This protection shall be
sufficient to protect against the normal functioning of the special effects material, article or
device, as well as any possible malfunction.
The area where the special effects is to occur shall be secured from entry
by unauthorized personal once the special effects material, article or device has been placed in
position.
Special effects materials, articles or devices shall be discharged
or otherwise used only when the area wherein the effect is to occur is in clear view of the
certificate of fitness holder for such special effects or in the clear view of a trained and
knowledgeable assistant who is in direct communication with such certificate of fitness holder.
Such communication may be accomplished through the use of lights or other nonverbal signals.
The certificate of fitness holder shall inspect the containers
in which special effects materials, articles or devices have been shipped. Damaged special
effects materials, articles or devices shall not be used and shall be promptly removed from the
premises and disposed of lawfully.
All persons handling and using special effects
materials, articles or devices shall wear protective clothing and gear appropriate to the hazard
in accordance with the regulations of the United States Department of Labor.
Immediately before any special effect, the certificate of fitness
holder shall conduct a final inspection of all components of the special effects, including
wiring, electrical connections and special effects materials, articles or devices, to ensure that
they are in proper working order and to verify that all required safety distances are maintained.
No pyrotechnic material, article or device shall be
discharged in a manner that projects an article or device or debris therefrom above the audience
or bystanders or causes damage to the premises.
Mortars and flash pots shall be constructed so that they are
not damaged by the discharge or other use of the pyrotechnic material, article or device.
Damaged mortars and flash pots shall not be used. Converted electrical switch boxes, lamp
sockets, lamp holders, plug fuses, or other similar thin-walled, brittle devices shall not be used
for concussion mortars or flash pots.
Rotating pyrotechnic materials, articles or devices,
such as wheels and saxons, shall be mounted securely so that their rotation does not cause the
holder to fail.
Where rockets are launched before a proximate audience,
performers, or support personnel, the rockets shall be attached securely to a guide wire or cable
with both ends securely attached and placed on an impact-resistant surface located at the terminal end of the guide. This guide wire or cable shall be of sufficient strength and flame
resistance to withstand the exhaust from the rocket. An effective arrangement to stop the rocket
shall be provided.
Firing systems shall not be left unattended while connected to loaded
pyrotechnic materials, articles or devices, unless such systems are disconnected from their
power source and have a removable activator, keyswitch, or coded arming system.
Pyrotechnic materials, articles or devices shall be discharged
only from equipment specifically constructed for that purpose. All firing systems shall be
designed to ensure against accidental discharge by providing at least a two-step interlock in
which the firing circuit cannot be activated unless the operator intentionally enables or arms
the firing system and deliberately activates the circuit.
At the earliest opportunity after the discharge of special
effects, the certificate of fitness holder shall verify that the pyrotechnic materials, articles or
devices have discharged, consumed or otherwise operated properly. Any special effects
materials, articles or devices that have not operated properly shall either be immediately
discharged or otherwise used in place, or immediately removed from the performance area and
disposed of lawfully.
Where approved, open flames may be used in connection with theatrical
performances when adequate safety precautions have been taken in accordance with NFPA 160.
A material, article or device of an explosive,
flammable, combustible, or otherwise dangerous nature used to create special effects shall be
stored in compliance with the storage requirements for the particular material, article or device as
prescribed in this code, the rules and other applicable laws, rules and regulations.
The storage in television studios and other production facilities of special effects
materials, articles and devices, including pyrotechnic materials, articles and devices, shall be in
accordance with the rules.
