Copyright

Dedication

Effective Date of Local Laws

Chapter 1 Administration

Chapter 2 Definitions

Chapter 3 General Precautions Against Fire

Chapter 4 Emergency Planning and Preparedness

Chapter 5 Fire Operations Features

Chapter 6 Building Services and Systems

Chapter 7 Fire-Resistance-Rated Construction

Chapter 8 Interior Furnishings, Decorations and Scenery

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 11 Aviation Facilities and Operations

Chapter 12 Dry Cleaning

Chapter 13 Combustible Dust-Producing Operations

Chapter 14 Fire Safety During Construction, Alteration and Demolition

Chapter 15 Flammable Finishes

Chapter 16 Fruit and Crop Ripening

Chapter 17 Fumigation and Insecticidal Fogging

Chapter 18 Semiconductor Fabrication Facilities

Chapter 19 Lumber Yards and Wood Waste Materials

Chapter 20 Manufacture of Organic Coatings

Chapter 21 Industrial Furnaces

Chapter 22 Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 23 High-Piled Combustible Storage

Chapter 24 Tents and Other Membrane Structures

Chapter 25 Tire Rebuilding and Tire Storage

Chapter 26 Welding and Other Hot Work

Chapter 27 HAZARDOUS MATERIALS—GENERAL PROVISIONS

Chapter 28 Aerosols

Chapter 29 Combustible Fibers

Chapter 30 Compressed Gases

Chapter 31 Corrosive Materials

Chapter 32 Cryogenic Fluids

Chapter 33 Explosives, Fireworks and Special Effects

Chapter 34 Flammable and Combustible Liquids

Chapter 35 Flammable Gases

Chapter 36 Flammable Solids

Chapter 37 Highly Toxic and Toxic Materials

Chapter 38 Liquefied Petroleum Gases

Chapter 39 Organic Peroxides

Chapter 40 Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids

Chapter 41 Pyrophoric Materials

Chapter 42 Pyroxylin Plastics

Chapter 43 Unstable (Reactive) Materials

Chapter 44 Water-Reactive Solids and Liquids

Chapter 45 Referenced Standards

Appendix A Fees

Appendix B Referenced Standard Modifications

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This chapter shall govern the possession, manufacture, storage, handling, use, transportation and sale of explosives, fireworks, materials used to create a special effect, including pyrotechnic materials, and model and high-power rockets.

Exceptions:

1. Manufacture, storage, handling, use, transportation and sale of such materials by the Armed Forces of the United States, Coast Guard or National Guard.

2. Explosives in forms prescribed by the official United States Pharmacopoeia.

3. Reserved.

4. Reserved.

5. The use of explosives by federal and state, law enforcement and public safety agencies acting in their official capacity.

6. 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.
Permits shall be required as set forth in FC105.6.
The commissioner, 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 special effects that the commissioner 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 days allowed for the permitted activity.
Applicants for a permit shall submit proof satisfactory to the commissioner 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 commissioner at least ten days prior to any material change, cancellation or termination thereof. Such insurance policy shall be in the following amounts, as applicable.

1. High explosives. The insurance policy for the storage or use of high explosive, including any blasting operation, shall be in an amount to be determined by the commissioner but not less than five million dollars.

2. Low explosives. The insurance policy for the storage of low explosives, small arms ammunition, primers, black powder or smokeless propellants shall be in an amount to be determined by the commissioner but not less than one hundred thousand dollars.

3. Fireworks. The insurance policy for the discharge of fireworks, including any fireworks display, shall be in an amount to be determined by the commissioner but not less than two million dollars.

4. Special effects. The insurance policy for the conduct of any special effects, including any special effects involving the storage or use of a pyrotechnic material, article or device, shall be in an amount to be determined by the commissioner but not less than one million dollars.
It shall be unlawful to:

1. Manufacture any explosive, including small arms ammunition, primers, black powder and smokeless propellants.

2. 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.

3. 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.

4. Store, handle or use any explosive in a residential building, or within 100 feet (30 480 mm) thereof, except for approved blasting operations, special effects and lawful storage of small arms ammunition for personal use and not for resale in accordance with FC3306.

5. Store, handle or use any explosive without the permit, certificate of fitness and/or other approval required by this section.

6. Store, handle, use or sell the following explosives:

6.1. Liquid nitroglycerin.

6.2. Dynamite containing more than 60 percent liquid explosive ingredient.

Exception: Gelatin dynamite used for building implosions approved by the commissioner.

6.3. Dynamite without an approved absorbent, or in packaging that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.

6.4. Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds (4.54 kg) of net weight in one package.

6.5. 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.

6.6. 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.

6.7. Explosives containing an ammonium salt and a chlorate.

6.8. 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.

6.9. 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 3303 and 3306.

7. Use any high explosive that has not been approved by the commissioner.

8. Operate or maintain safe havens and interchange lots for motor vehicles transporting explosives as set forth in NFPA 498.
It shall be unlawful to:

1. Manufacture fireworks.

2. Sell fireworks, or offer or display fireworks for sale.

3. Store, handle, use or possess fireworks for any purpose other than conducting a fireworks display approved in accordance with this chapter.

4. Store fireworks, except temporary storage incidental to a fireworks display.

5. Conduct a fireworks display indoors.

6. Conduct a fireworks display without the fireworks contractor certificate and certificates of fitness required by this chapter.

7. Manually discharge a fireworks display, or conduct a fireworks display without an electrical control panel.

8. 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.

9. 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 3303 and 3306.
It shall be unlawful to:

1. Manufacture any pyrotechnic material, article or device.

2. 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.

3. Store, handle or use any pyrotechnic material, article or device in any residential building or within 100 feet (30 480 mm) thereof.

4. Sell any pyrotechnic material, article or device designed to create a special effect without the pyrotechnic supplier certificate required by this chapter.

5. Conduct any special effects using a pyrotechnic material, article or device without the certificate of fitness required by this chapter.

6. Store, handle, use or sell pyrotechnic material that has 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.

7. 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.
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:

1. Where explosives or fireworks are stored, handled, used or otherwise discharged.

2. 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:

1. When supervising storage, or handling, or otherwise discharging or using explosives or fireworks.

2. When supervising storage, or handling, or otherwise discharging or using materials, articles or devices of an explosive, flammable or combustible nature, including pyrotechnic materials, articles and devices and fireworks, 1.4G, used to create a special effect.
The storage, handling, use and transportation of explosives, fireworks and pyrotechnic materials, articles and devices designed to create a special effect, including the discharge thereof, and special effects operations, shall be supervised in accordance with FC 3301.5.1 through 3301.5.3.
Any blasting operations shall be conducted by a company holding a blasting contractor certificate and by persons holding a certificate of fitness in accordance with FC 3301.5.1.1 through 3301.5.1.5.
The storage, handling, discharge or other use and transportation of explosives for blasting operations shall be conducted by a blasting contractor holding a blasting contractor certificate issued pursuant to this section. 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 commissioner may adopt rules prescribing the requisite qualifications and other requirements for the issuance of such a certificate. The blaster shall be responsible for all blasting operations, and ensuring compliance with all applicable laws, rules and regulations.
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.
All handling of high explosives, including handling in connection with blasting operations or other use, and handling incidental to transportation (other than transportation set forth in FC2707.4), shall be performed by a blaster holding a certificate of fitness for blasting operations, an assistant blaster holding a certificate of fitness for blasting assistant, a magazine keeper holding a certificate of fitness for explosives storage, or an explosives handler holding a certificate of fitness for explosives handling.
Blasting operations or other use of high explosives shall be conducted under the personal supervision of a blaster holding a certificate of fitness for blasting operations. The blaster shall be in charge of and responsible for all blasting operations. The blaster shall ensure compliance with all applicable laws, rules, regulations, permit conditions and blasting procedures, and ensure that the blasting crew is trained and knowledgeable in the use of explosives. The blaster shall prescribe the blast area and danger zone and check that all persons, including the blasting crew, other job site personnel, pedestrians and traffic, are outside the danger zone before firing a blast. The duties of the blaster, except giving the direction to initiate the blast, may be delegated to an assistant blaster holding a certificate of fitness for blasting assistant.
Other persons whose work causes them to be present within 100 feet (30 480 mm) of the storage, handling or use of high explosives shall hold a certificate of fitness for blasting job site personnel.
Fireworks displays shall be conducted by a company holding a fireworks contractor certificate and persons holding a certificate of fitness for fireworks display in accordance with FC 3301.5.2.1 through 3301.5.2.3.
Each display or other event involving the discharge or other use of fireworks shall be conducted by a fireworks contractor holding a fireworks contractor certificate issued pursuant to this section. 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 commissioner may adopt rules prescribing the requisite qualifications and other requirements for the issuance of such a certificate. The fireworks contractor shall be responsible for the safe conduct of the display or other event, in the manner prescribed by the commissioner, including:

1. Arranging for the preparation and submission of the fireworks display permit application, including the fireworks display plan, and obtaining the fireworks display permit.

2. 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.

3. Ensuring compliance with all federal, state and local laws, rules and regulations governing the transportation of explosives.

4. Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holders required by this section.

5. Ensuring compliance with the directions of the department representatives.

6. 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.

7. Obtaining a liability and casualty insurance policy as set forth in FC3301.2.4.

8. 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.

9. Ensuring that the site of the display or other event is left in a safe condition.
All handling of fireworks, including unloading from motor vehicles, and loading and placement of mortars and fusing of shells, and all temporary storage of fireworks incidental to a fireworks display shall be conducted under the personal supervision of a holder of a certificate of fitness for fireworks display.
The use of fireworks for a fireworks display, including the discharge of fireworks during the display, shall be conducted by a person holding a certificate of fitness for fireworks display. Each fireworks display or other discharge of fireworks shall be under the personal supervision of at least two persons holding a certificate of fitness for fireworks display. The certificate of fitness holders conducting a fireworks display or other event shall be responsible for the safe handling, installation and discharge of fireworks and post-display site safety measures, in compliance with the requirements of this section, any rules promulgated hereunder, the terms and conditions of the fireworks display permit, and all other applicable laws, rules and regulations.
The storage, handling, discharge or other use and transportation of any material, article or device of an explosive, flammable or combustible nature, including fireworks, 1.4G, for special effects, and any sale or offering for sale of a pyrotechnic material, article or device, shall be conducted by persons holding a certificate of fitness or a pyrotechnic supplier certificate in accordance with FC 3301.5.3.1 through 3301.5.3.4.
Special effects displays or other events involving the conduct of a special effect, including the discharge or other use of any pyrotechnic material, article or device and fireworks, 1.4G, shall be conducted by a person holding a certificate of fitness for special effects issued pursuant to this section. Each discharge or other use of materials, articles or devices used for a special effect shall be performed by, or, if authorized by a special effects permit, under the personal supervision of, such certificate of fitness holder. The certificate of fitness holder conducting a special effect shall be responsible for the safe handling, installation and discharge of the special effect and post-discharge site safety measures in compliance with the requirements of this section, any rules promulgated hereunder, the terms and conditions of the special effects permit, and all other applicable laws, rules and regulations. A certificate of fitness for special effects shall be issued only to a person who demonstrates to the satisfaction of the commissioner that he or she possesses such education, training or experience in the manufacture, storage, use and display of pyrotechnic materials, articles and devices and other special effects as to qualify him or her to safely conduct one or more special effects. The commissioner may adopt rules prescribing the requisite qualifications and other requirements for the issuance of such certificate.
The storage of pyrotechnic materials, articles and devices in connection with a special effects display shall be under the general supervision of a certificate of fitness holder for pyrotechnic special effects materials. The handling of such materials, articles and devices shall be performed under the personal supervision of a certificate of fitness holder for special effects operations or a certificate of fitness for pyrotechnic materials.
The storage of materials, articles and devices of a flammable or combustible nature in connection with a special effects display shall be under the general supervision of a certificate of fitness holder for nonpyrotechnic special effects materials. The handling of such materials, articles and devices shall be performed under the personal supervision of a certificate of fitness holder for special effects operations or a certificate of fitness for nonpyrotechnic materials.
The sale or offering for sale of any pyrotechnic material, article or device to create a special effect shall be conducted by a company holding a pyrotechnic supplier certificate issued pursuant to this section. A pyrotechnic supplier certificate shall be issued only to a company whose owners, principals or 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 store, handle and transport pyrotechnic materials, articles or devices, and to ensure the lawful sale of such materials, articles and devices. The commissioner may adopt rules prescribing the requisite qualifications and other requirements for the issuance of such certificate. The holder of a pyrotechnic supplier certificate shall store, handle, transport, offer for sale, and sell pyrotechnic materials, articles and devices in compliance with the requirements of this section, the rules of the commissioner and all applicable federal and state laws, rules and regulations, including those restricting the selling or offering for sale of such materials, articles and devices only to a person holding a certificate of fitness for pyrotechnic special effects or a company holding a production company special effects permit.
Explosives and fireworks shall be transported in accordance with FC2707.
Any material, operation or facility subject to the permit requirements of this chapter, including blasting operations, fireworks displays and special effects operations, may be monitored by representatives of the department to ensure compliance with the requirements of this chapter, the rules, and the terms and conditions of the permit. Such department representatives may order the immediate discontinuance of any storage, handling or use of explosives, fireworks or special effect materials, articles or devices in the interest of public safety.
The owner and the certificate of fitness holder responsible for the material, operation or facility shall immediately report to the department any accident involving the storage, handling or use of explosives, fireworks or special effects materials, articles or devices, that results in personal injury or property damage.
The department may restrict the taking of photographs at locations at which high explosives are being stored, handled and used.
The following terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.

AIRBLAST. The airborne shock wave or acoustic transient generated by an explosion.

AMMONIUM NITRATE. A chemical compound represented by the formula NH4NO3.

ASSISTANT BLASTER. A person holding a certificate of fitness for blasting assistant who is qualified to supervise explosives storage and handling and blasting operations, sometimes referred to as a powder carrier, and who assists the blaster in performing such duties.

BARRICADE. A structure or other artificial or natural barrier constructed in connection with the storage, handling and use of explosives that is designed to withstand the rapid release of energy in an explosion and provides a shield from the impact of the explosion. A straight line from the top of any sidewall of a building containing explosives to the eave line of any magazine or other building or to a point 12 feet (3658 mm) above the center of a railway or highway shall pass through such barrier.

Artificial barricade. An artificial mound or revetment, including a barrier constructed of sandbags, with a minimum thickness of 3 feet (914 mm).

Natural barricade. Terrain or other natural features of the ground.

BARRICADED. Protected by a barricade.

BLAST AREA. The blast site and surrounding area within the influence of flying rock, missiles and concussion.

BLAST SITE. The area in which explosives are being or have been loaded and which includes all holes loaded or to be loaded for the same blast and a distance of 50 feet (15 240 mm) in all directions.

BLASTER. A person holding a certificate of fitness for blasting operations, who is in charge of and responsible for a blasting operation.

BLASTING AGENT. A mixture consisting of fuel and an oxidizer that is used for blasting and classified by United States Department of Transportation regulations as Division 1.5, provided that the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test detonator when unconfined.

BLASTING CONTRACTOR CERTIFICATE. A written statement issued by the commissioner to a company authorizing such company to conduct blasting operations, and to be responsible for all storage, handling, use and transportation of explosives in connection therewith.

BLASTING CREW. Members of a work force trained and knowledgeable in the safe storage, handling and use of explosives, including assistant blasters, loaders and the magazine keepers.

BLASTING OPERATION. The use of explosives in conjunction with construction or demolition projects or other lawful purposes approved by the commissioner.

BULLET RESISTANT. Constructed so as to resist penetration of a bullet of 150-grain M2 ball ammunition having a nominal muzzle velocity of 2,700 feet per second (fps) (824 mps) when fired from a 30-caliber rifle at a distance of 100 feet (30 480 mm), measured perpendicular to the target.

DANGER ZONE. The area established by the blaster, including the blast area, to be cleared of all persons prior to discharging explosives.

DETONATING CORD. A flexible cord containing a center core of high explosive designed to initiate other explosives when activated.

DETONATION. An exothermic reaction with explosive effect that utilizes shock compression as the principal heating mechanism and generates a shock wave in the material that establishes and maintains a reaction that progresses through the material at a rate greater than the velocity of sound.

DETONATOR. A device containing any initiating or primary explosive used for initiating detonation that contains no more than 154.32 grains (10 grams) of total explosives by weight, excluding ignition or delay charges. The term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps which use detonating cord, shock tube or any other replacement for electric leg wires.

DISCHARGE SITE. The immediate area surrounding the mortars or other devices discharging fireworks for purposes of an outdoor fireworks display.

DISPLAY SITE. The area in which an outdoor fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from the discharge site to spectator viewing areas, but excluding spectator viewing areas.

EXPLOSIVE. A chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. The term "explosive" includes any material determined to be within the scope of Chapter 40 of Title 18 of the United States Codes, and any material classified as an explosive by the hazardous materials regulations of the United States Department of Transportation, as set forth in 49 CFR Section 173.52, except fireworks. Explosives are classified in accordance with the following United States Department of Transportation classification and other terms in common usage:

United States Department of Transportation Class 1 explosives.

Division 1.1. Explosives that present a mass explosion hazard.

Division 1.2. Explosives that present a projection hazard but not a mass explosion hazard.

Division 1.3. Explosives that present a fire hazard and either a minor blast hazard or a minor projection hazard, or both, but not a mass explosion hazard.

Division 1.4. Explosives that present a minor explosion hazard. The explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. Such explosives are not subject to mass explosion when exposed to fire.

Division 1.5. Explosives that present a mass explosion hazard but which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport.

Division 1.6. Explosives consisting of extremely insensitive articles that do not present a mass explosion hazard, and present a negligible probability of accidental initiation or propagation.

High explosive. Explosives, including dynamite, that, when detonated, are characterized by a high rate of reaction, high pressure development, and the presence of a detonation wave, and that can be caused to detonate by means of a No. 8 test blasting cap, when unconfined.

Low explosive. Explosives that will burn or deflagrate when ignited, and which are characterized by a rate of reaction that is less than the speed of sound, and low pressure development. Examples of low explosives include black powder, igniter cords, igniters, safety fuses, small arms ammunition and primers, and propellants, 1.3C.

Mass-detonating explosives. Division 1.1, 1.2 and 1.5 explosives that, whether individually or in combination, or loaded into ammunition or containers, explode virtually instantaneously when a small portion is subjected to fire, concussion, impact, the impulse of an initiating agent, or the effect of a considerable discharge of energy from without, with severe explosive effect, including the potential for structural damage to adjacent objects, and explosive propagation to other explosives stored in proximity, such that two or more quantities in proximity must be considered as one for quantity-distance purposes.

FALLOUT AREA. The area over which aerial shells or other aerial fireworks are fired and intended to combust, deflagrate or detonate, including the area into which debris and unexploded aerial fireworks are expected to fall given the direction and strength of the wind, and the angle or placement of the mortars or other devices discharging fireworks.

FIREWORKS. An article or device that does not present a mass explosion hazard, that is manufactured or used to produce a visible or an audible effect for entertainment or other display purposes by combustion, deflagration or detonation, and that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein.

Fireworks, 1.4G. Small fireworks devices, classified as UN 0336 by United States Department of Transportation regulations, containing restricted amounts of pyrotechnic materials designed primarily to produce visible or audible effects by combustion.

Fireworks, 1.3G. Large fireworks devices classified as UN0335 by the United States Department of Transportation regulations, intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or detonation, including firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic material, and other display pieces which exceed the limits for classification as 1.4G fireworks.

FIREWORKS CONTRACTOR CERTIFICATE. A written statement issued by the commissioner to a company authorizing such company to conduct a fireworks display and to be responsible for all storage, handling, use and transportation of fireworks in connection therewith.

FIREWORKS DISPLAY. The discharge of fireworks for an outdoors public display.

FUME CLASS 1. A classification established by the Institute of Makers of Explosives. Explosives meeting the requirements of this classification will provide less than 0.16 cubic feet (0.00453 m3) of poisonous gases upon detonation of 0.44 pounds (200 grams) of explosive.

HIGHWAY. A public street.

INHABITED BUILDING. A building regularly occupied in whole or in part as a habitation for human beings, or any house of worship, school building, railroad station, store or other structure where people are accustomed to assemble.

JOB SITE. The construction site at which blasting operations are being conducted, including the blast site and blast area.

LOADER. A person holding a certificate of fitness for explosives handling, who handles explosives and performs explosives loading operations.

MAGAZINE. A building, structure or container approved for storage of explosives.

Indoor. A portable structure, such as a box, bin or other container, constructed as required for Type 2, 4 or 5 magazines in accordance with NFPA 495, NFPA 1124 or 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, so as to be fire resistant and theft resistant.

Type 1. A permanent structure, such as a building or other permanent structure constructed in accordance with the requirements of NFPA 495, NFPA 1124, or 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, that is bullet-resistant, fire-resistant, theft-resistant, weather-resistant and ventilated.

Type 2. A portable or mobile structure, such as a box, skid-magazine, trailer or semitrailer, constructed in accordance with NFPA 495, NFPA 1124 or 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, that is fire resistant, theft resistant, weather resistant and ventilated, and if used outdoors, bullet resistant.

Type 3. A portable structure for the temporary storage of explosives, such as a "day box," constructed in accordance with NFPA 495, NFPA 1124, or 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, that is fire-resistant, theft-resistant and weather-resistant.

Type 4. A permanent, portable or mobile structure such as a building, box, semitrailer or other mobile container constructed in accordance with NFPA 495, NFPA 1124, or 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, that is fire-resistant, theft-resistant and weather-resistant.

Type 5. A permanent, portable or mobile structure such as a building, box, bin, tank, semitrailer, bulk trailer, tank trailer, bulk truck, tank truck or other mobile container constructed in accordance with NFPA 495, NFPA 1124, or 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, that is theft resistant.

MAGAZINE KEEPER. A person holding a certificate of fitness for explosives storage who is in charge of and responsible for the storage and handling of explosives in an explosives magazine.

MINIMUM SECURED RADIUS. A minimum separation distance based on the size of the largest fireworks shell to be used in the display.

MORTAR. A tube or similar device in which fireworks, shells or other aerial fireworks are directed and discharged into the air.

MUCKING. The removal, usually by heavy machinery, of debris or other broken material resulting from a blast.

NET EXPLOSIVE WEIGHT (net weight). The weight of an explosive expressed in pounds, representing the aggregate amount of explosives contained within a building or structure, including a magazine, used to establish quantity-distance relationships.

PRIMER. A unit, package or cartridge of explosives, including a detonator or detonator/detonating cord combination, that is used to initiate a main charge of explosives or blasting agents.

PROTECTED EXPOSURE. Any premises, building, structure, facility, installation, street, railway, natural feature or other thing or place determined by the department to require protection from a fireworks display by reason of its proximity to the discharge site and the fallout area and the risk of resulting harm from aerial or other fireworks.

PROXIMATE AUDIENCE. An audience closer to pyrotechnic devices than allowed by NFPA 1123.

PYROTECHNIC ARTICLE OR DEVICE. Any article or device containing a pyrotechnic material.

PYROTECHNIC MATERIAL. A chemical mixture consisting predominantly of solids that, upon ignition, are capable of producing a controlled, self-sustaining, and self-contained exothermic reaction, that functions without external oxygen, resulting in a visible or audible effect by combustion, deflagration, or detonation.

PYROTECHNIC SUPPLIER CERTIFICATE. A written statement issued by the commissioner to a company authorizing such company to engage in the business of selling any pyrotechnic material, article or device designed for the purpose of creating a special effect.

RAILWAY. A subway, railroad, railway or other similar means of transportation.

READY BOX. A container with a self-closing cover that is of a material and construction sufficient to protect fireworks from burning debris and from precipitation or other weather conditions. A tarpaulin structure shall not be deemed sufficient for use as a ready box.

SEPARATION DISTANCE. The distance that is to be maintained during the fireworks display from the outer perimeter of the discharge area to each viewing area or protected area. The separation distance represents the distance determined by the department to be necessary and sufficient to secure viewing areas and protected areas from hazards associated with a fireworks display, including but not limited to blast, fire, fallout and noise hazards.

SMALL ARMS AMMUNITION. A shotgun, rifle or pistol cartridge, and any cartridge for propellant-actuated devices, excluding ammunition containing bursting charges or incendiary, trace, spotting or pyrotechnic projectiles.

SMALL ARMS AMMUNITION PRIMERS. Small percussion-sensitive explosive charges, encased in a cap, used to ignite propellant powder.

SMOKELESS PROPELLANTS. Solid propellants, commonly referred to as smokeless powders, used in small arms ammunition, cannons, rockets, propellant-actuated devices and similar articles.

SPECIAL EFFECT.
A visible or audible effect used for entertainment or other display purposes, created by any material, article or device of an explosive, flammable or combustible nature, including pyrotechnic materials, articles and devices and fireworks, 1.4G, but excluding fireworks, 1.3G.

SPECIAL INDUSTRIAL EXPLOSIVE DEVICE. An explosive power pack containing an explosive charge in the form of a cartridge or construction device, including, but not limited to, explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive-actuated power tools and charges of explosives used in automotive air bag inflators, jet tapping of open hearth furnaces and jet perforation of oil well casings.

SPONSOR. The person that has retained a fireworks contractor to conduct a fireworks display, and to whom the fireworks display permit is issued.

TNT EQUIVALENT. A measurement of the quantity of an explosive calculated by reference to the quantity of trinitrotoluene that contains the equivalent explosive energy.

THEFT RESISTANT. Construction designed to deter unauthorized entry into magazines or other explosives storage facilities, so as to prevent unauthorized access to stored explosives.

VENDOR. Any person engaged in the transportation and storage of explosives in connection with the sale of such explosives for blasting operations.

VIEWING AREA. Areas designated for viewing a fireworks display, to which spectators are restricted.
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.
Vendors of high explosives and blasting contractors shall maintain, on forms prescribed by the commissioner, a record of all transactions involving the receipt, removal, use or disposal of high explosives, including the date and time, name and certificate of fitness number of the magazine keeper, type of high explosives, total amounts deposited and withdrawn, and department serial numbers. These records shall be signed by the blaster, assistant blaster and magazine keeper. Such records shall be maintained for a period of 5 years, and submitted to the department in accordance with department procedures.
Vendors of high explosives shall maintain the following records:

1. A weekly record of high explosives delivered from outside New York City to any vendor facility located within New York City.

2. A daily record of high explosives removed from a vendor’s facility, delivered to and/or returned from a job site.

3. A daily record of high explosives delivered in and removed from an explosives vehicle at each job site.
Blasting contractors shall maintain the following records:

1. A daily record of high explosives, including the department’s serial number codes, delivered by a vendor to each job site.

2. A daily record of high explosives, including the department’s serial number codes, received at and removed from each job site magazine.

3. A daily shot record indicating the amount of high explosives received from job site magazines, the date and time of each blast, the amount of high explosives used and the disposition of any unused high explosives.
The following records shall be submitted to the department on a daily basis:

1. A magazine inventory slip with an entry for each shift indicating the quantity and condition of the high explosives stored therein.

2. A daily shot record.

3. Central station company documentation of each entry into a Class I magazine, when such monitoring is required by this chapter.
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.
Vendors shall maintain records of chemicals, chemical compounds and mixtures required by the United States Department of Labor regulations as set forth in 29 CFR Section 1910.1200.
Safety rules covering the operation of magazines, as described in FC3304.7, shall be posted on the interior of the magazine in a visible location.
Explosives to be stored, handled, used, transported or sold for blasting purposes shall be marked in accordance with FC 3308.1 through 3308.4.
High explosives packaging shall be conspicuously marked with:

1. The manufacturer’s name, brand name, date shift code, and classification code.

2. The words "HIGH EXPLOSIVES – DANGEROUS – HANDLE CAREFULLY" on the top.

3. The actual number of cartridges within the package, cartridge dimensions, the case weight and any storage instructions.

4. The department’s ten-digit serial number code.
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:

1. The manufacturer’s name, date shift code and brand of explosive.

2. The words "HIGH EXPLOSIVES – DANGEROUS – HANDLE CAREFULLY."

3. The department's ten-digit serial number code on both ends of the cartridge.
Detonator packaging shall be marked with:

1. The manufacturer’s name, brand name and date shift code.

2. The words "DETONATORS – DANGEROUS – HANDLE CAREFULLY" on two sides.

3. The actual number of detonators in the package, or the number of packages and detonators per package.

4. 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.

5. For tunnel blasting, the contractor’s name and the job site location, or an approved abbreviation, shall be used.
Individual detonators shall be marked with:

1. A shell, band or tag with the manufacturer's name and brand name.

2. The words "EXPLOSIVES – DANGEROUS – DETONATOR" or "EXPLOSIVES – DANGEROUS – BLASTING CAP," as applicable, on the shell, band or tag.

3. A tag or sticker bearing the department’s two-letter/three-digit serial number, the delay period, and date shift code.
All explosives, including black powder, propellant-actuated cartridges, small arms ammunition and primers, and smokeless propellants, shall be stored, handled, used and sold in accordance with this chapter and NFPA 495. Unclassified detonable organic peroxide, detonable pyrophoric materials, detonable unstable (reactive) materials and detonable water-reactive materials shall additionally comply with the requirements of other chapters of this code applicable to such materials.
The quantity of explosives stored at any location and the distance from such storage to protected exposures shall be in accordance with the quantity-distance tables in FC3304.5. The net explosive weight of the explosives shall be determined in accordance with FC 3304.1.1.1 through 3304.1.1.6.
For Division 1.1, 1.2 or 1.5 explosives, the total net explosive weight of all such explosives, or the TNT equivalent, shall be used for purposes of quantity-distance requirements in accordance with FC Table 3304.5.2(2).
1. For Division 1.3 propellants, the total weight of the propellants alone shall be the net explosive weight for purposes of quantity-distance requirements in accordance with FC Table 3304.5.2(3).

2. The sum of the net weights of metal powders and pyrotechnic materials shall be the net explosive weight for purposes of quantity-distance requirements in accordance with FC Table 3304.5.2(3).
1. 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 3304.5.2(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 3304.5.2(2) or 3304.5.2(3), as appropriate.

3. 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 3304.5.2(2).

4. For any composite pyrotechnic material and Division 1.1 or Division 1.3 explosives, the sum of the net weights of the pyrotechnic material and the explosives shall be used for the distance determination, for purposes of quantity-distance requirements in accordance with FC Tables 3304.5.2(2) and 3304.5.2(3).
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 3304.5.2(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.
High explosives may only be stored for use in blasting operations conducted in New York City, and only in a magazine or other approved storage facility at a vendor’s facility or job site. High explosives to be used in New York City shall first be delivered to a vendor’s facility located within New York City. Thereafter, high explosives may be transported from such vendor’s facility to approved storage facilities at job sites located in New York City. No explosives shall be delivered to any job site without the prior authorization of the Department. The commissioner shall promulgate rules governing the delivery and removal of explosives to and from the job site.
The storage of explosives in magazines shall comply with the requirements of FC 3304.3.1 through 3304.3.4.1 and FC Table 3304.3. 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.

FC TABLE 3304.3 STORAGE AMOUNTS AND MAGAZINE REQUIREMENTS FOR EXPLOSIVES MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA

NEW UN/
DOTn
DIVISION
OLD DOTn
CLASS
ATF/OSHA
CLASS
INDOORa (pounds) OUTDOORS
(pounds)
MAGAZINE TYPE ALLOWED
Unprotected Cabinet Sprinklers Sprinklers &
cabinet
1 2 3 4 5
1.1 A High 0 0 0 0 0 X X X
1.2 A High 0 0 1 2 0 X X X
1.2 B Low 0 0 1 2 0 X X X X
1.3b B Low 0 0 5 10 0 X X X X
1.4 B Low 0 0 50 100 0 X X X X
1.5 C Low 0 0 1 2 0 X X X X
1.5 Blasting
Agent
Blasting
Agent
0 0 1 2 0 X X X X X
1.6 N/A N/A 0 0 1 2 0 X X X X X

For SI: 1 pound = 0.454 kg, 1 pound per gallon = 0.12 kg per liter, 1 ounce = 28.35 g.
a. A factor of 10 pounds per gallon shall be used for converting pounds (solid) to gallons (liquid) in accordance with FC2703.1.2.
b. Black powder shall be stored in a Type 1, 2, 3 or 4 magazine as provided for in FC3304.3.1.
Explosives classified as Division 1.1 or 1.2 shall be stored in Type 1, 2 or 3 magazines.

Exceptions:

1. Black powder shall be stored in a Type 1, 2, 3 or 4 magazine.

2. Cap-sensitive explosives that are demonstrated not to be bullet sensitive shall be stored in a Type 1, 2, 3, 4 or 5 magazine.
All magazines storing high explosives shall be barricaded in an approved manner.
Magazines for high explosives shall be classified based upon the maximum quantity of high explosives stored as follows:

1. First class magazines. High explosives magazines containing not more than 1,000 pounds (454 kg) of explosives.

2. Second class magazines. High explosives magazines containing not more than 500 pounds (227 kg) of explosives.

3. Third class magazines. High explosives magazines containing not more than 250 pounds (113.5 kg) of explosives.
No more than 20,000 detonators may be stored in a single magazine. Only first class magazines may be used for storage of 1,000 detonators or more.
Explosives that are not cap sensitive shall be stored in a Type 1, 2, 3, 4 or 5 magazine.
The owner or operator of a magazine shall restrict access to the magazine and only allow entry by the blaster and magazine keeper and other blasting contractor personnel or vendor personnel whose responsibilities in connection with the storage, handling, use or transportation of explosives require that they enter the magazine. Access to the keys to the magazine shall be restricted to the blaster, the powder carrier and the magazine keeper. The department may restrict the personnel authorized to enter the magazine for purposes of ensuring compliance with the requirements of this section. This provision shall not be construed to restrict department access to magazines.
Detonators shall be stored in a separate magazine that does not contain other explosives. Black powder, blasting powder, and smokeless propellant shall be stored in a separate magazine that does not contain detonators or other explosives.
Magazines for storage of explosives shall be maintained and operated in accordance with FC 3304.5.1 through 3304.5.3.3.
It shall be unlawful to maintain or operate a magazine indoors for the storage of Division 1.1 explosives. Indoor magazines may be maintained and operated for the storage of explosives, other than those classified as Division 1.1, in accordance with this section.
Indoor magazines for storage of explosives shall be maintained and operated only in Group F, H, M or S occupancies, when approved. It shall be unlawful to maintain or operate an indoor magazine in any building containing a Group R occupancy.
Indoor magazines shall be designed and installed in compliance with the following requirements:

1. The magazine shall be fire resistant and theft resistant.

2. The exterior of the magazine shall be painted red.

3. The base of the magazine shall be fitted with wheels, casters or rollers to facilitate removal from the building in an emergency.

4. 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."

5. The least horizontal dimension of the magazine shall not exceed the clear width of the entrance door.
Not more than 50 pounds (23 kg) of explosives shall be stored in an indoor magazine.
Indoor magazines 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.
Only one indoor magazine shall be maintained or operated in a single building or structure.
Outdoor magazines shall be maintained and operated in accordance with this section.

FC TABLE 3304.5.2(1) APPLICATION OF SEPARATION DISTANCE TABLEa

DOTn
DIVISION
AMERICAN TABLE OF DISTANCES FOR
STORAGE OF EXPLOSIVES 3304.5.2(2)
(DOJ 27 CFR Part 555.218)
TABLE OF SEPARATION DISTANCES
FOR LOW EXPLOSIVES 3304.5.2(3)
(DOJ 27 CFR Part 555.219)
TABLE OF DISTANCES FOR OUTDOOR
MAGAZINES OR BUILDINGS CONTAINING
EXPLOSIVES DIVISION 1.4 3304.5.2(4)
1.1 X
1.2 X
1.3 X
1.4G or 1.4S X
1.4B or 1.4S
detonators
X
1.5 X
1.6 Not Applicable Not Applicable Not Applicable

a. Where adjacent magazines contain different classes of explosives the separation between magazines shall be as prescribed by FC Table 3304.5.2(2).


FC TABLE 3304.5.2(2) AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES (AS REVISED JUNE 1991)a

QUANTITY OF
EXPLOSIVESb,e
DISTANCES IN FEET
Inhabited buildings Public highways with traffic
volume less than 3,000
vehicles per day
Public highways with traffic
volume greater than 3,000
vehicles per day and
passenger railways
Separation of magazinesd
Pounds over Pounds not
over
Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded
0
5
10
20
30
5
10
20
30
40
70
90
110
125
140
140
180
220
250
280
30
35
45
50
55
60
70
90
100
110
51
64
81
93
103
102
128
162
186
206
6
8
10
11
12
12
16
20
22
24
40
50
75
100
125
50
75
100
125
150
150
170
190
200
215
300
340
380
400
430
60
70
75
80
85
120
140
150
160
170
110
127
139
150
159
220
254
278
300
318
14
15
16
18
19
28
30
32
36
38
150
200
250
300
400
200
250
300
400
500
235
255
270
295
320
470
510
540
590
640
95
105
110
120
130
190
210
220
240
260
175
189
201
221
238
350
378
402
442
476
21
23
24
27
29
42
46
48
54
58
500
600
700
800
900
600
700
800
900
1,000
240
355
375
390
400
480
710
750
780
800
135
145
150
155
160
270
290
300
310
320
253
266
278
289
300
506
532
556
578
600
31
32
33
35
36
62
64
66
70
72

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
a. This table applies to the storage of explosives, except for temporary storage incidental to transportation.
b. Storage of explosives in a quantity exceeding 1,000 pounds in one magazine is prohibited.
c. Reserved.
d. 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 detonator magazines shall govern in regard to the spacing of said detonator magazines 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.
e. The quantity of explosives refers to pounds of trinitrotoluene (TNT), or for other type explosives, the quantity of TNT with the equivalent explosive energy.


FC TABLE 3304.5.2(3) TABLE OF DISTANCES FOR OUTDOOR MAGAZINES OR BUILDINGS CONTAINING EXPLOSIVES—DIVISION 1.3—MASS-FIRE HAZARDa,b,c

QUANTITY OF DIVISION 1.3 EXPLOSIVES DISTANCES IN FEET
Pounds over Pounds not over Inhabited buildings, railways and public highways Magazines
0 1,000 75 50

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
a. Black powder, when stored in magazines, is defined as low explosive by the Bureau of Alcohol, Tobacco and Firearms (BATF).
b. 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.
c. No more than 50 pounds of explosives may be stored in a building.


FC TABLE 3304.5.2(4) TABLE OF DISTANCES FOR OUTDOOR MAGAZINES OR BUILDINGS CONTAINING EXPLOSIVES - DIVISION 1.4c,d

QUANTITY OF DIVISION 1.4 EXPLOSIVES DISTANCES IN FEET
Pounds Over Pounds Not Over From Inhabited Building From Public Railroad and
Highway
From Aboveground Magazine
and Operating Buildingsa, b
50 1,000 100 100 50

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
a. A separation distance of 100 feet is required for buildings of other than Type I or Type II construction as defined in the Building Code.
b. For earth-covered magazines, no specified separation is required.
(1) 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.
(2) 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.
c. 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 of deflagration between articles.
d. No more than 50 pounds of explosives may be stored in a building.
All outdoor magazines, other than Type 3 magazines, shall be located so as to be in accordance with FC Table 3304.5.2(2), 3304.5.2(3) or 3304.5.2(4) as set forth in FC Table 3304.5.2(1).
Magazines storing detonators, including magazines on drill boats, shall be located 100 feet (30 480 mm) from magazines storing high explosives, except as otherwise approved by the department. Where the magazine is barricaded the distance between magazines may be reduced as set forth in FC Table 3304.5.2(2).
When a suitable aboveground storage site is unavailable, barricaded magazines, located in the excavation below decking in compliance with the distance requirements as set forth in FC Table 3304.5.2(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 first class magazine requirements.
Type 3 magazines shall comply with the requirements of FC 3304.5.3.1 through 3304.5.3.3.
Wherever practicable, Type 3 magazines shall be located away from neighboring inhabited buildings, railways, public streets, and other magazines in accordance with FC Table 3304.5.2(2), 3304.5.2(3) or 3304.5.2(4) as applicable.
Explosives shall be removed from Type 3 magazines to appropriate storage magazines at the end of the work day, unless approved.
Not more than two Type 3 magazines shall be located at the same blast site, unless approved. Where two or more Type 3 magazines are located at the same blast site, one magazine shall be used solely for the storage of detonators.
Magazines shall be designed and installed in accordance with FC 3304.6.1 through 3304.6.8.
The ground around a magazine shall be graded so that water drains away from the magazine.
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.
It shall be unlawful to maintain or operate a magazine, other than a Type 5 magazine, with exposed ferrous metal on any interior surface.
Any premises upon which explosives are stored in magazines shall have signs posted in accordance with FC 3304.6.5.1 and 3304.6.5.2. 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:

DANGER!
NEVER FIGHT EXPLOSIVES FIRES—CALL 911.
EXPLOSIVES ARE STORED ON THIS SITE
Signs complying with the requirements of FC3304.6.5.1 shall be conspicuously posted at approved locations at vendor facilities.
Type 5 magazines 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.
Vendor magazines shall be provided with the following security measures:

1. A magazine keeper shall be present on the premises and continuously monitor the magazine at all times.

2. A suitable shelter for the magazine keeper shall be provided.

3. The magazine and surrounding area shall be illuminated at night.

4. A dedicated, non-coin-operated telephone shall be provided inside the shelter for the use of the magazine keeper.

5. A door alarm and holdup alarm, monitored by an approved central station company, shall be provided. The central station company shall not have the capability to shut off the alarms. The central station shall:

5.1. Record all openings and closings of the magazine doors.

5.2. Notify the department of any unusual occurrences and outages.

5.3. Provide written procedures concerning the opening and closing of magazine doors.

6. 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.

7. A local perimeter intrusion alarm shall be provided that is capable of being deactivated during normal delivery hours.

8. First class magazines shall additionally comply with the following installation requirements:

8.1. 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 approved central 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.

8.2. 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.

8.3. 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.
All first class magazines at job sites and all other magazines storing high explosives overnight shall comply with the requirements of FC3304.6.6.
Approved magazine cars shall be used to transport explosives through tunnels to working headings.
Magazines shall be operated in accordance with FC 3304.7.1 through 3304.7.9.
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.
No cartridge shall be capped or primer readied within 100 feet (30 480 mm) of a magazine.
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).
Combustible materials shall not be stored within 100 feet (30 480 mm) of magazines.
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.
Packages of explosives that have been opened shall be closed before being placed in a magazine.
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.
Empty containers and paper and fiber packaging materials that previously contained explosives shall be disposed of or reused in a approved manner.
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.
Magazines shall be used exclusively for the storage of 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.
When explosives are removed from a magazine for use, the oldest usable stock shall be removed first.
Maintenance of magazines shall comply with the requirements of FC 3304.8.1 through 3304.8.3.
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.
Magazine floors stained with liquid from explosives shall be cleaned or replaced in accordance with the explosives manufacturer instructions.
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. 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 magazine keeper shall personally supervise the unloading and loading of motor vehicles delivering explosives to the magazine or removing explosives therefrom.
Explosives shall be disposed of in accordance with FC 3304.10.1 through 3304.10.5.
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.
Explosives that fail to detonate during blasting operations shall be handled in accordance with FC3307.15 and other approved procedures until the blaster has determined the proper method for disposal in consultation with the department.
High explosives in storage at a job site at the completion of blasting operations, or which are not otherwise to be used at the job site, shall be removed from the job site and transported to a vendor’s facility. The vendor may store and supply for use unopened cases of high explosives. The vendor may not supply open cases of high explosives for use unless the explosives are packaged in an approved manner, and their condition certified in writing in an approved manner by the magazine keeper previously responsible for their storage.
Indoor storage and display of small arms ammunition, powder-actuated tool loads, black powder and smokeless propellants shall comply with the requirements of this section and NFPA 495.
The storage and display of small arms ammunition and primers, black powder and smokeless propellants shall be as set forth in FC 3306.2.1 through 3306.7.
It shall be unlawful to store small arms ammunition and primers, powder-actuated tool loads, black powder and smokeless propellants in any premises, building, structure or facility, except as authorized by this section.
It shall be unlawful to store small arms ammunition and primers, powder-actuated tool loads, black powder or smokeless propellants in quantities exceeding the following:

1. Three hundred thousand loaded shells containing shot for shotguns not exceeding No. 8 gauge;

2. One million cartridges for pistols and powder-actuated tool loads;

3. Five hundred thousand cartridges for rifles of a caliber not larger than 0.45 inch (11.4 mm);

4. Ten thousand cartridges for rifles of a caliber not larger than 1/2 inch (12.7 mm);

5. Five thousand cartridges for rifles of a caliber between 1/2 inch (12.7 mm) and 0.58 inch (14.7 mm);

6. Five thousand blank cartridges of a caliber not larger than 0.45 inch (11.4 mm);

7. Three million primers for central fire ammunition;

8. Six million percussion caps, or primers, without anvils;

9. Fifty pounds (23 kg) aggregate of black powder or smokeless propellant;

10. Any storage in excess of the amounts authorized by permit.
It shall be unlawful to store small arms ammunition and primers, black powder and smokeless propellant in any premises, building or structure wherein flammable or combustible liquids, flammable solids, oxidizing materials, or other flammable materials are manufactured, stored, handled or used.
It shall be unlawful to store small arms ammunition and primers with Division 1.1, Division 1.2 or Division 1.3 explosives, unless approved.
It shall be unlawful to package or repackage small arms ammunition and primers, powder-actuated tool loads, black powder and smokeless propellants, except as approved by the commissioner.
Where small arms ammunition and 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.
The storage and display of small arms ammunition and primers, powder-actuated tool loads, black powder and smokeless propellants in Group M occupancies shall be in accordance with FC 3305.1 and 3306.5.2.
The display of small arms ammunition and primers, powder-actuated tool loads, black powder or smokeless propellants in Group M occupancies shall comply with the requirements of FC 3306.5.1.1 through 3306.5.1.4.
It shall be unlawful to display smokeless propellant.
It shall be unlawful to display black powder.
Where small arms ammunition and 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.
A combined quantity of not 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.
The storage of small arms ammunition and primers, powder-actuated tool loads, black powder and smokeless propellant shall comply with the requirements of FC 3306.5.2.1 through 3306.5.2.4.
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:

1. Smokeless propellant in quantities not exceeding 100 pounds (45 kg), shall be stored in a Type 2 or Type 4 magazine.

2. Smokeless propellant in quantities exceeding 100 pounds (45 kg), shall be stored in a Type 1 magazine.

3. Storage of any quantity indoors shall be in areas not accessible to the public.
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 4 indoor 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 magazine. When black powder is stored with smokeless propellants in the same magazine, the total quantity shall not exceed that allowed for black powder.
Small arms ammunition and primers shall be stored as follows.

1. Reserved.

2. Where small arms ammunition and 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.

2.1. The storage shall be in areas not accessible to the public.

2.2. Small arms ammunition and primers shall be stored in nonportable storage cabinets having walls at least 1 inch (25 mm) nominal thickness.

2.3. Shelves in cabinets shall have vertical separation of at least 2 feet (610 mm).

2.4. Cabinets shall be located against a building exterior wall with not less than 40 feet (12 192 mm) between cabinets.

2.5. 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.
A combined quantity of not 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 FC3306.5.1.4 shall be stored in accordance with FC3306.5.2.3.
Blank shells or cartridges may be stored for use in salute cannons only as approved.
Any building or structure in which small arms ammunition and primers, powder-actuated tool loads, black powder or smokeless propellant are stored in quantities requiring a permit shall be protected throughout by a sprinkler system.
Blasting operations shall be conducted in accordance with this chapter, including this section, and NFPA 495.
The storage, handling and use of explosives at a job site shall be supervised as set forth in FC3301.5.
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 on-site 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.
Blasting operations shall be conducted in accordance with FC 3307.3.1 through 3307.3.4.
The following safety precautions and procedures shall be observed at a blast site:

1. Only explosives approved by the commissioner may be used for blasting operations. Ammonium nitrate shall not be used as a blasting agent, except when approved for a specific blasting operation.

2. 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.

3. 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.

4. 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.

5. Loading operations shall not take place on a cut or heading within 25 feet (7620 mm) of drilling or mucking operations.

6. When tunnel blasting is to be performed:

6.1. 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.

6.2. Only the blasters, assistant blasters and loaders may transport explosives from the magazine to the blast site.

6.3. 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.

6.4. 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.

6.5. Only high explosives of Fume Class 1 shall be used in shaft, tunnel or under decking blasting operations.

7. 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.

8. When submarine (underwater) blasting is to be performed:

8.1. 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.

8.2. Warning buoys shall be positioned to indicate areas blasting operations are being conducted.

8.3. Blasting operations shall cease while any marine traffic or divers are within a 1,500 ft. (457 200 mm) radius of the drill boat.

9. 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.
When blasting is conducted in a congested area or in close proximity to buildings, structures or infrastructure that may be damaged, or whose use and occupancy may 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, and to control the ground vibrations and airblast 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 airblast 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.
During an electrical storm, the handling and use of explosives, including loading, shall cease and the following procedures shall be observed:

1. All unused explosives at the blast site shall be immediately returned to their proper magazines.

2. Electrical blasting cap leg wires and lead lines shall be shunted.

3. The danger zone shall be cleared of all persons until the storm has passed.
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 within 24 hours of all other complaints, including complaints of noise and minor damage.
Blasting operations shall be conducted between the hours of 7:00 am (0700 hours) and 7:00 pm (1900 hours), Monday through Saturday. The written authorization of the commissioner shall be required in order to conduct blasting operations at any other times, or on Sunday, and may be granted or revoked by the commissioner in the interest of public safety.
Prior to the issuance of any permit for the use of explosives for blasting operations, a permit survey meeting shall be arranged by the owner or the owner’s blasting contractor and conducted at the job site at which blasting operations are to occur, for the purpose of reviewing the measures that the blasting contractor will be required to undertake to safeguard affected buildings, structures and infrastructure. Such permit survey meeting shall be attended by representatives of the department, general contractor and blasting contractor. 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 commissioner may also require notification of and coordination with other federal, state and city officials and agencies, including the Department of Environmental Protection, Office of Emergency Management, Metropolitan Transportation Authority, United States Coast Guard and United States Army Corps of Engineers, as appropriate.
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 readily available for the duration of 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 with 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.
The blasting contractor shall conduct blasting operations in a manner that minimizes the impact of such blasting operation on public safety. Good faith measures shall be made to schedule 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, and to otherwise coordinate the timing of blasting operations to minimize the impact on affected uses and occupancies. Appropriate procedures for coordination and notification shall be established at the permit survey meeting.
Within 5 calendar days of issuance of a permit for the use of explosives for demolition or excavation work, the owner or the owner’s blasting contractor shall provide written notice to each council member and community board whose respective district includes the job site or property within 100 feet (30 480 mm) thereof, and the local fire company. Such notice shall contain the effective and expiration dates of the permit. Proof of the delivery or mailing of such notice shall be filed with the department.
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 date or dates on which blasting operations are anticipated to take place and 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.
The blasting contractor shall provide advance notification of blasting operations to the fire company in whose administrative district the job site is located. Except where overnight storage of explosives is approved and except as may be approved for underground job sites, after the final blast has been fired for the day, the blasting contractor shall arrange with such fire company for an inspection of the job site to confirm removal of explosives as required by this chapter.
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 FC 3307.6.1 through 3307.6.3.
It shall be unlawful to fire explosives by means of a timer or a slow burning or safety fuse.
Only approved electric and nonelectric detonators shall be used.
Detonators shall be stored, handled and used in accordance with the following safety precautions:

1. Detonators used in a single blast shall be of the same manufacture, style and function to ensure compatibility.

2. 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.

3. Prior to loading explosives, the blast site shall be tested for any stray currents. Such currents shall be eliminated before loading explosives.

4. 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.

5. 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.

6. 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 snow storms, or other stray electrical currents.

7. 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.

8. 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.

9. Detonators and explosives shall not be transported together on the job site, except in magazine cars and carry boxes in which the detonators and explosives are kept in separate approved containers or compartments.

10. During compressed air operations, all metal pipes, rails, air-locks and steel tunnel-lining 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.
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 danger zone is and remains clear, the blaster shall post blasting contractor personnel with red flags at the perimeter of the danger zone 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:

1. Only poles made of wood or plastic that have no metal parts shall be used for loading or tamping explosives.

2. 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 3307.9.1.1 through 3307.9.1.4.
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.
When shaft blasting, approved shaft covers shall be used.
The commissioner 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 commissioner 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 initiation of blasts shall be by means conforming to the provisions of NFPA 495.
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 FC3307.10, 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 danger zone. The blaster shall fire each shot or designate the assistant blaster to do so, provided the assistant 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:

1. One long signal—Preparing to blast, (clear the blast area and danger zone).

2. Two short signals—Ready to blast, (after the blaster checks that the blast area and danger zone are clear).

3. Three short signals—All clear, (after the blaster completes post-blast procedures).
After the blast, the following procedures shall be observed:

1. 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.

2. 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.

3. 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 FC3307.15. 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 FC3304.10.

4. 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 FC3307.14(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.
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:

1. Cordon off and otherwise secure the blast area from entry.

2. Report the misfire to the department.

3. No other work shall be performed except that necessary to remove the hazard of the misfire.

4. 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.

5. 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.

6. All misfires and the disposition of explosives involved shall be recorded on forms prescribed by the commissioner.
The owner or the owner’s blasting contractor shall retain the services of a professional engineer, licensed to practice in New York State, to conduct a pre-blasting survey and, where applicable, to prepare a blasting plan, and conduct a post-blasting survey, as set forth in FC 3307.16.1 through 3307.16.3.
Prior to commencement of blasting operations, such 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 determine and document the existing structural condition of the interior and exterior of such buildings, structures and infrastructure, provided that if, after reasonable good faith efforts, access to the interior of a building, structure or infrastructure cannot be gained, it shall be sufficient that such survey determine and document the condition of the exterior of such building, structure or infrastructure. The report of such pre-blasting survey shall include photographs and/or videotapes, 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. Where demolition blasting is to be conducted, the pre-blasting survey report shall identify 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. 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 in connection with demolition work shall include a blasting plan. The blasting plan shall include the following information:

1. The location and dimensions of the safety zone to be maintained during blasting, including clearance to the surrounding buildings, structures and infrastructure.

2. Construction plans detailing the location of the main bearing supports of the structure which will be utilized in the demolition.

3. The types of explosives to be used, quantities, charge weight per initiation, blast sequence and pattern, and number, depth and diameter of drill holes.
A post-blasting survey shall be prepared when required by FC 3307.16.3.1 and 3307.16.3.2.
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 commissioner may require the owner 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.
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 airblast 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 FC3307.16.3, 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 owner or the owner’s blasting contractor shall retain a seismic services consultant to measure and record ground vibration and airblast overpressure levels at specified locations. Such measurements shall be taken every time explosives are detonated during blasting operations. A copy of such measurements shall be filed with the department on a schedule to be established by the department, but not less frequently than once per week. Throughout blasting operations, locations for the monitoring equipment shall be selected by the blasting contractor and the seismic consultant in consultation with the department and subject to department approval. The commissioner may require monitoring of water shock when submarine blasting is conducted.
The limit for ground vibration peak particle velocity is 2.0 ips (50.8 mm/s) for frequencies from 40 Hz to 100 Hz. For frequencies below 40 Hz, vibration limits are 0.75 ips (19.1 mm/s) and 0.5 ips (12.7 mm/s), with graphical data transition lines equivalent to constant displacements. Airblast overpressure shall be limited to 134 dB. 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 seismic consultant shall prepare a report of all required measurements and data, acceptance criteria and analysis. In the event that readings exceed the acceptance criteria, the department shall be immediately notified, and the blasting contractor shall propose revised drilling and blasting patterns, charge weight per initiation and other measures to reduce the ground vibration and/or airblast overpressure, as appropriate.
The department shall develop and establish a protocol with the Department of Buildings, 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 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.
Permits shall be required as set forth in FC105.6.
A fireworks display permit shall be obtained for each display or other event involving the discharge or other use of fireworks. The sponsor of such display or other event shall retain a company holding a fireworks contractor certificate issued pursuant to this chapter to apply for and obtain the fireworks display permit and to conduct the fireworks display or other event.
A fireworks display permit 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.
Applications for a fireworks display permit shall be submitted to the department at least 30 calendar days prior to the requested date for the fireworks display permit. Applications shall be in the form specified by the department and shall be signed by the sponsor and the fireworks contractor conducting the fireworks display. The commissioner shall review each application for a fireworks display permit and shall grant such application only if the commissioner is satisfied that the display or other event can be safely conducted. Permit applications shall contain the following information, and such other information and documentation as the commissioner may prescribe:

1. The name, address, telephone number and fax number of the sponsor.

2. The name, address, telephone number and fax number of the fireworks display contractor.

3. The date, rain date, time, and exact location proposed for the fireworks display and its approximate duration.

4. The number and size of the fireworks to be discharged or otherwise used or stored for use for the display or other event.

5. The written authorization of the sponsor of the display or other event.

6. 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.

7. 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.

8. For onshore displays, a dimensional diagram of the display site containing the following information:

8.1. The location where the fireworks are to be stored.

8.2. The discharge site.

8.3. 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.

8.4. 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.

8.5 The viewing areas to which all observers will be restricted, including the distance to such locations from the outer perimeter of the discharge site.

9. For offshore displays, a dimensional diagram of the display site containing the following information:

9.1. The discharge site, by reference to the shore lines and nearby structures, indicating the distances thereto.

9.2. The layout of the barge, including the discharge site and the location of the control panel, all safety barriers and structures, and fireworks storage.

9.3. 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.

9.4 All viewing areas at or near the shorelines, including the distance to such locations from the outer perimeter of the discharge site.
The department may conduct an inspection of the display site and its surroundings, including the command post, viewing areas, and protected exposures, prior to issuance of a permit and/or prior to the fireworks display. Representatives of the fireworks contractor and the sponsor shall attend any such site inspection and cooperate with the department in determining the suitability of the site for the proposed fireworks display, and appropriate separation distances and other safety measures. The fireworks contractor or the sponsor shall arrange for access by department representatives to the display site, command post and all other areas, for purposes of the site inspection and during the fireworks display.
An application for a fireworks display permit 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 display permit 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 display permit 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 display permit 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 12 inches (305 mm) in diameter and salute shells shall not exceed 3 inches (76.2 mm) in diameter or length unless authorized by the fireworks display permit. 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.
Viewing areas, parking areas, and dwellings, buildings or structures shall not be located within the display site. The required distances shall be maintained from the display site to the viewing areas and all protected exposures, including the minimum secured radius as set forth in FC Tables 3308.4.1 and 3308.4.2, any additional distance necessary to accommodate the fallout area, as calculated by the fireworks contractor and approved by the department, and any protected exposures as set forth in FC3308.4.3, or as determined by the department.
For an onshore display, the display site shall be of a size sufficient to allow the applicable minimum secured radius set forth in FC Table 3308.4.1.

FC TABLE 3308.4.1 ONSHORE DISPLAYS

SIZE OF LARGEST MORTAR
(inches)
MINIMUM SECURED RADIUS
(feet)
< 3 300
4 400
5 500
6 600
7 700
8 800
10 1,000
12 1,200
For an offshore display, the display site shall be of a size sufficient to allow the applicable minimum secured radius set forth in FC Table 3308.4.2.

FC TABLE 3308.4.2 OFFSHORE DISPLAYS

SIZE OF LARGEST MORTAR
(inches)
MINIMUM SECURED RADIUS
(feet)
Up to 10 1,000
12 1,200
The minimum secured radius to the property line of any bulk plant or terminal, or facility for combustible, flammable, explosive, or toxic materials, or any institutional occupancy, shall be twice the distance specified in FC Table 3308.4.1 or 3308.4.2, as applicable, but in no case less than 1,000 feet (304 800 mm). The commissioner may prescribe a clearance requirement for any other protected exposure.
The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123. Fireworks may be delivered and stored at the display site not earlier than 12 hours before the permitted display. Only fireworks to be used for the permitted display may be stored at the display site.
Fireworks shall not be left unattended at the display site, but shall be under the personal supervision of a certificate of fitness holder for fireworks display.
Fireworks shall be stored in weatherproof containers, under a waterproof cover or otherwise kept dry at the display site, prior to the fireworks display.
Shells and other fireworks shall be inspected by the certificate of fitness holder for fireworks display at the display site.
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 located upwind and at least 25 feet (7620 mm) from the mortar placement.
Fireworks displays and any other discharge or use of fireworks shall be conducted outdoors, except that fireworks, 1.4G, may be discharged indoors in connection with the conduct of a special effect for which a special effects permit has been issued pursuant to FC3309.
Mortars shall be positioned and discharged as follows:

1. Mortars shall not be set up during night hours (between sunset and sunrise).

2. Mortars shall be of sufficient strength and shall be arranged and positioned so that the shells may be safely discharged.

3. 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.

4. Mortars shall be of sufficient length to cause aerial shells to be projected to safe heights.

5. Mortars shall be placed in sand-filled steel drums or heavy plastic drums no less than 32 gallons (121 L) in capacity. Wood racks or troughs filled with sand may also be used in lieu of drums for firing barrages or finales.

6. Except for mortars placed in wood racks, mortars shall be buried to a depth of between two-thirds to three-quarters of their length.

7. 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.

8. 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.

9. 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.

10. Wood racks. Wood racks used in conjunction with firework displays shall be designed and operated as follows:

10.1. 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.

10.2. The use of wood racks shall be limited to single break shells not exceeding 6 inches (152 mm) in diameter.

10.3. Wood racks with chain fused mortars 3 inches (76 mm) or less in diameter shall be limited to a maximum of 15 mortars per unit. Racks containing mortars 4 inches (102 mm) in diameter shall be limited to a maximum of 12 mortars. Racks containing mortars 5 inches (127 mm) to 6 inches (152 mm) in diameter shall be limited to a maximum of 10 mortars.

10.4. Mortars placed in wood racks shall not be reloaded during the display.
Mortars shall be loaded as follows:

1. Mortars shall be loaded during daylight hours (between sunrise and sunset). Mortars shall not be loaded during night hours (between sunset and sunrise).

2. 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.

3. 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.

4. The certificate of fitness holder for fireworks display shall verify that the proper lifting charge has been attached to each shell to ensure the safe control of discharge height.

5. When loading into mortars, shells shall be held by their lowering cords (if provided) or their fuses (if no lowering cord is provided).

6. Shells shall be lowered carefully into the mortar, such that they are properly seated in the bottom of the mortar. Shells shall never be forced into a mortar.

7. 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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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:

1. 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.

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:

1. 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.

2. Communication shall be maintained at all times between the certificate of fitness holders for fireworks display and the command post.

3. 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.

4. No more than one hundred shells may be ignited by a single fuse.

5. Control panel operation.

5.1. 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.

5.2. 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.

5.3. No person shall be in the discharge site when any circuit testing is performed.

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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:

1. Offshore firework displays shall be conducted in accordance with the requirements of this chapter except as they may be inconsistent with this section.

2. 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.

3. Only fireworks to be discharged during the display shall be allowed on the fireworks barges. Storage of excess fireworks on the barges is prohibited.

4. Fireworks to be used in an offshore fireworks display shall be installed, loaded and fused in the presence of department representatives while the barge is moored at a lawful and safe location in New York City acceptable to the department. The department may authorize such installation, loading and fusing at a mooring outside of New York City at a location acceptable to the department. 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.

5. 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.

6. Barge design and construction. Barges used in conjunction with firework displays shall be designed, constructed and maintained in compliance with the following requirements:

6.1. Only steel barges acceptable to the United States Coast Guard shall be used as fireworks display barges.

6.2. 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.

6.3. The control panel shall be located on the fireworks display barge.

6.4. 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.

6.5. Railings shall be provided around the control panel area to prevent persons from falling overboard.

7. All personnel on board the fireworks barge or tugboat shall wear United States Coast Guard approved flotation devices.

8. Department representatives shall be present on the fireworks barge and the tugboat at all times during a fireworks display.

9. Conduct of the display. Offshore firework displays shall be conducted in compliance with the following requirements:

9.1. 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.

9.2. Reloading of mortars during the display is prohibited.

9.3. 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.

9.4. 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.
Fireworks displays shall be conducted by a company holding a fireworks contractor certificate, and under the personal supervision of two certificate of fitness holders for firework displays as set forth in FC3301.5.2, and shall be subject to monitoring by the department as set forth in this section.
The commissioner may require department personnel and equipment to monitor the delivery, unloading, loading, and discharge of fireworks, and post-display 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 display permit, 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).
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 FC3308.9 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.
Fees for firework displays shall be as set forth in FC Appendix A.

1. 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.

2. The department shall bill the sponsor after a fireworks display for the assignment of any department firefighting apparatus.
The storage, handling and discharge or other use of any material, article or device of an explosive, flammable, or combustible 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.
It shall be unlawful to:

1. Store, handle, discharge or otherwise use any material, article or device of an explosive, flammable, or combustible nature used to create a special effect, without a special effects permit or production company special effects permit issued pursuant to this section.

2. Conduct a special effect indoors 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.
Materials used to create a special effect shall be stored, handled and used in accordance with FC 3309.3.1 through 3309.3.7.
The quantity of material, article, or device used in a special effect shall be no greater than necessary to produce the desired special effect.
The commissioner may require a demonstration of the materials, articles or devices used to create a special effect.
The commissioner 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.
The commissioner may prescribe the maximum quantity of special effects material, article or device allowed to be stored in any approved storage facility. The location and design of the storage facility shall be approved by the commissioner.
For temporary storage, special effects materials, articles or devices shall remain in their approved containers until required for use.
The time between removal from storage and use shall be the shortest time practicable.
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.
Except as otherwise provided in FC3309.5, a special effects permit shall be obtained for each display or other event involving the conduct of a special effect by the sponsor of the display or other event or, with the sponsor’s written authorization, by a person holding a certificate of fitness for special effects issued pursuant to this section. A special effects permit shall be issued in the name of the applicant and shall specify the name of the sponsor, the date, time and location of the display or other event, the number and kind of pyrotechnic articles or devices to be discharged or otherwise used, or other materials, articles or devices used to create the special effects, and such other terms and conditions as the commissioner may prescribe as necessary or appropriate for the safe conduct of the display or other event.
The department may conduct an inspection of the special effects display site and its surroundings, prior to issuance of a permit and/or prior to the special effects operation. Representatives of the applicant shall attend any such site inspection and cooperate with the department in determining the suitability of the site for the proposed special effects operation, and, if suitable, appropriate separation distances and other safety measures. The applicant shall arrange for access by department representatives to the display site, for purposes of the site inspection and during the special effects operation.
The commissioner shall review each application for a special effects permit and shall grant such application only if the commissioner is satisfied that the display or other event can be safely conducted. Permit applications shall contain a special effects display plan, including the following information and such other information and documentation as the commissioner may prescribe:

1. The name of the person, group, or organization responsible for the special effects display.

2. The date, time and exact location of the display or other event.

3. The written authorization of the sponsor of the display or other event.

4. A description of the special effects to be created.

5. 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.

6. 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.

7. The names, ages and duties of all assistants who will be present in connection with the special effects.

8. A dimensional diagram of the area where special effects are to be conducted that includes the following information:

8.1. 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.

8.2. 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.

8.3. If using pyrotechnic article or device, the fallout radius for each article or device.

8.4. If the special effects are displayed in front of an audience or bystanders, the lines behind which the audience or bystanders shall be restrained.

8.5. Such other information as the commissioner may prescribe relating to the safe conduct of the display or other event.

9. The manner, place, and quantity of storage for the materials, articles or devices to be used in creating the special effects.

10. Certifications that the set, scenery, curtains, and rigging materials are inherently flame-retardant or have been treated to achieve flame resistance.
The applicant for a special effects permit shall be responsible for the safe conduct of the display or other event including:

1. Arranging for the preparation and submission of the special effects display plan, and obtaining the special effects permit.

2. 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.

3. 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.

4. Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holder required by this section.

5. 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.

6. Ensuring compliance with the directions of department representatives.

7. Obtaining a liability and casualty insurance policy as set forth in FC3301.2.4(4).

8. Ensuring that the site of the display or other event is left in a safe condition.
The commissioner may issue a production company special effects permit to a television, motion picture or theatrical production company that regularly conducts special effects at a designated location within a specific building or structure in accordance with FC 3309.5.1 through 3309.5.4.
A production company special effects permit shall authorize the permit holder to conduct certain special effects at one or more designated locations within a specific building or structure for a specified period of time, not to exceed 1 year, without obtaining special effects permits for each display or other event, and shall authorize the permit holder to store in a central storage facility the materials, articles or devices used to create such special effects.
A production company special effects permit shall specify the number and kind of materials, articles or devices to be used and stored for use, and shall set forth such other terms and conditions as the commissioner may prescribe for the safe conduct of the special effects or the storage of such materials, articles or devices at such locations.
The commissioner shall review each application for a production company special effects permit and shall grant such application only if the commissioner is satisfied that the production company can meet the requirements of this section. Permit applications shall contain a special effects display plan, including the following information and such other information and documentation as the commissioner may prescribe:

1. The address of the designated building or structure and the specific location or locations within such building or structure at which the special effects or other events are to be conducted.

2. A description of the type of productions in connection with which special effects are to be conducted.

3. A plan of the layout of each special effects location, including the arrangement of any set, scenery, rigging, or equipment, and the proximity of the persons conducting the special effects and any assistants, performers, or audience.

4. A description of the special effect to be created.

5. 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.

6. The frequency with which the special effects are to be conducted.

7. The names of all persons personally supervising the storage, handling and discharge or other use of the materials, articles or devices used for the special effects and their certificate of fitness numbers.

8. Design and installation documents for the central storage facility in which the materials, articles or devices used to create the special effects are to be stored.
A production company special effects permit holder shall be responsible for the safe conduct of the special effects and the safe storage and handling of all materials, articles or devices used therefore, in the manner prescribed by the commissioner, including:

1. The construction and maintenance of a central storage facility in compliance with all applicable federal, state and local laws, rules and regulations, including all permit and fire protection requirements, and ensuring adequate security of such facility.

2. Ensuring compliance with all applicable laws, rules and regulations, including the federal, state and local laws, rules and regulations governing the transportation of all pyrotechnic materials, articles and devices and all other materials, articles or devices of an explosive, flammable, or combustible nature, and the permit, labeling and fire protection requirements thereof.

3. Ensuring that all special effects are conducted by a person holding a certificate of fitness for special effects, and all materials, articles or devices for such purpose are handled and stored by or under the supervision of such a person, as required by this section.

4. Ensuring compliance with the directions of department representatives.

5. Obtaining a liability and casualty insurance policy as set forth in FC3301.2.4(4).
Except as otherwise provided in FC3309.5, it shall be unlawful to store for use in a special effects display or other event any material, article or device of an explosive, flammable, or combustible nature, including any pyrotechnic material, article or device and fireworks, 1.4G, without a permit issued pursuant to this section.
It shall be unlawful to sell any pyrotechnic material, article or device designed to create a special effect or to exhibit any such material, article or device for sale without a pyrotechnic supplier certificate issued pursuant to FC3301.5.3.4, and such materials, articles and devices shall be sold or offered for sale only to a person holding a certificate of fitness for pyrotechnic special effects issued pursuant to this section or to a production company holding a production company special effects permit issued pursuant to this section, and only in conjunction with a special effects display or other event for which a permit has been issued pursuant to this section.
Special effects, including the storage, handling and use of pyrotechnic and other special effects materials, articles and devices, shall be supervised as set forth in FC3301.5.
Fire protection shall be provided in connection with special effects as set forth in FC 3309.9.1 through 3309.9.3.
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.
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, the out-of-service procedures, as set forth in FC Chapter 9, shall be observed. The impairment coordinator shall ensure that the device, equipment or system is returned to normal operating condition upon completion of the special effects display or as soon as the likelihood of false alarm has passed.
Special effects shall not generate a quantity of smoke or mist that would obscure the visibility of exit signs or paths of egress travel.
The commissioner may require the applicant to submit the following information regarding the materials, articles and devices to be used in connection with any special effects:

1. The name, address, and phone number of the manufacturer.

2. The name of the product and a description of its effect or use.

3. The performance characteristics, such as duration, height, and diameter of the special effects created.

4. A material safety data sheet for the special effect materials.

5. 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.
The storage of pyrotechnic material, articles and devices shall be as set forth in FC 3309.3, 3309.11.1 and 3309.11.2.
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.
Pyrotechnic materials, articles or devices shall not be stored within 50 feet (152 400 mm) of any unprotected source of heat or open flame.
If a pyrotechnic material, article or device is used to create a special effect before an audience or bystanders, the distance to the audience or bystanders shall be as set forth in FC 3309.12.1 through 3309.12.3.
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.
Concussion mortars shall be separated from the audience and bystanders by a minimum of 25 feet (7620 mm).
There shall be no glowing or flaming particles within 10 feet (3048 mm) of the audience or bystanders.
Pre-firing safety precautions for pyrotechnic materials used to create a special effect shall be in accordance with FC 3309.13.1 through 3309.13.9.
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 approved permit application.
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.
Special effects materials, articles or devices shall be placed and wired in a manner designed to minimize the risk of performers and others.
All special effects materials, articles and devices not needed for the conduct of the special effects shall be promptly returned to the storage facility prior to the conduct of the special effects. All unused special effects materials articles or devices shall be promptly returned to the storage facility after the special effects display.
Any special effects using a pyrotechnic special effects material, article or device shall be conducted in accordance with FC 3309.13, and 3309.14.1 through 3309.14.7.
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.
Flares shall be placed so that any debris falls into a safe, flame-resistant area.
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.
Safety measures shall be implemented after the discharge of special effects as set forth in FC 3309.15.1 and 3309.15.2.
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.
The certificate of fitness holder shall ensure that all special effects materials, articles and devices are removed from the premises after the performance in which the special effects was conducted.
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 or combustible 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 of special effects materials, articles and devices, including pyrotechnic materials, articles and devices, shall be in accordance with the rules.
Pyrotechnic suppliers storing pyrotechnic materials, articles and devices for sale shall store such pyrotechnic materials, articles and devices in an approved facility.
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