N.Y. PEN Law § 405.10 — New York Code / Act PEN / Part 4 / Title W / Article 405 / Section 405.10
Permits for indoor pyrotechnics
Status: in_force

§ 405.10 Permits for indoor pyrotechnics.\n  1. Definitions. For the purposes of this section, the following terms\nhave the following meanings:\n  a. Airburst. A pyrotechnic device that is suspended in the air to\nsimulate outdoor aerial fireworks shells without producing hazardous\ndebris.\n  b. Areas of public assembly. All buildings or portions of buildings\nused for gathering together fifty or more persons for amusement,\nathletic, civic, dining, educational, entertainment, patriotic,\npolitical, recreational, religious, social, or similar purposes, the\nentire fire area of which they are a part, and the means of egress\ntherefrom.\n  c. Assistant. A person who works under the supervision of the\npyrotechnic operator.\n  d. Audience. Spectators whose primary purpose is to view a\nperformance.\n  e. Building. A combination of any materials, whether portable or\nfixed, having a roof, to form a structure affording shelter for persons,\nanimals, or property. The word "building" shall be construed for the\npurposes of this section as though followed by the words "or part or\nparts thereof", unless the context clearly requires a different meaning.\n  f. Concussion mortar. A device specifically designed and constructed\nto produce a loud noise and a violent jarring shock for dramatic effect\nwithout producing any damage.\n  g. Fallout area. The area in which any hazardous debris falls after a\npyrotechnic device is fired. The fallout area is defined as a circle\nthat, in turn, is defined by the fallout radius.\n  h. Fallout radius. A line that defines the fallout area of a\npyrotechnic device. The line is defined by two points. The first point\nis at the center of a pyrotechnic device. The second point is the point\nmost distant from the center of the pyrotechnic device at which any\nhazardous debris from the device can fall.\n  i. Fire area. The floor area of a story of a building within exterior\nwalls, party walls, fire walls, or any combination thereof.\n  j. Hazardous debris. Any debris, produced or expelled by the\nfunctioning of a pyrotechnic device, that is capable of causing personal\ninjury or unpredicted property damage. This includes, but is not limited\nto, hot sparks, heavy casing fragments, and unignited components.\nMaterials such as confetti, lightweight foam pieces, feathers, or\nnovelties are not to be construed as hazardous debris.\n  k. Owner. Any person, agent, firm, association, limited liability\ncompany, partnership, or corporation having a legal or equitable\ninterest in the property.\n  l. Performance. The enactment of a musical, dramatic, operatic, or\nother entertainment production. The enactment may begin and progress to\nits end according to a script, plan, or other preconceived list of\nevents, or deviate therefrom. A performance includes any encores.\n  m. Performer. Any person active in a performance during which\npyrotechnics are used and who is not part of the audience or support\npersonnel. Among others, performers include, but are not limited to,\nactors, singers, musicians, and acrobats.\n  n. Permit authority. The agency authorized to grant and issue the\npermits provided for in this section on or within state property shall\nbe the office of fire prevention and control, in the territory within a\ncounty park shall be the county park commission, or such other agency\nhaving jurisdiction, control, and/or operation of the parks or parkways\nwithin which any pyrotechnics are to be used, in a city shall be the\nduly constituted licensing agency thereof and, in the absence of such\nagency, shall be an officer designated for the purpose by the\nlegislative body thereof, in a village shall be an officer designated\nfor the purpose by the board of trustees thereof, and, in the territory\nof a town outside of villages, shall be an officer designated for the\npurpose by the town board thereof.\n  o. Permittee. (1) The person or persons who are responsible, as\nprovided in subparagraph two of this paragraph, for obtaining the\nnecessary permit or permits for the use of indoor pyrotechnics in areas\nof public assembly or for a production, or who are responsible for\nobtaining such permit or permits under an applicable local law or\nordinance authorized pursuant to subdivision five of this section.\n  (2) The owner of a place of public assembly or building in which\npyrotechnics are to be used shall be responsible for obtaining such\npermit or permits; provided, however, that such owner, in writing, by\nagreement or lease, may require or otherwise authorize a lessee,\nlicensee, pyrotechnic operator, or other party to be responsible for\nobtaining such permit or permits, in which case such other party or\nparties shall be deemed responsible for obtaining such permit or permits\nand shall be the permittee for purposes of this article; provided\nfurther that the structure is otherwise appropriate for such use under\nthe New York state fire prevention and building code or other such\napplicable code.\n  p. Producer. An individual who has overall responsibility for the\noperation and management of the performance where the pyrotechnics are\nto be used. Generally, the producer is an employee of the promotion\ncompany, entertainment company, festival, theme park, or other\nentertainment group.\n  q. Production. All the performances of a musical, dramatic, operatic,\nor other show or series of shows.\n  r. Pyrotechnic device. Any device containing pyrotechnic materials and\ncapable of producing a special effect as defined in this subdivision.\n  s. Pyrotechnic material (Pyrotechnic special effects material). A\nchemical mixture used in the entertainment industry to produce visible\nor audible effects by combustion, deflagration, or detonation. Such a\nchemical mixture consists predominantly of solids capable of producing a\ncontrolled, self-sustaining, and self-contained exothermic chemical\nreaction that results in heat, gas, sound, light, or a combination of\nthese effects. The chemical reaction functions without external oxygen.\n  t. Pyrotechnic operator (Special effects operator). An individual who\nhas responsibility for pyrotechnic safety and who controls, initiates,\nor otherwise creates special effects.\n  u. Pyrotechnic special effect. A special effect created through the\nuse of pyrotechnic materials and devices.\n  v. Pyrotechnics. Controlled exothermic chemical reactions that are\ntimed to create the effects of heat, gas, sound, dispersion of aerosols,\nemission of visible electromagnetic radiation, or a combination of these\neffects to provide the maximum effect from the least volume.\n  w. Rocket. A pyrotechnic device that moves by the ejection of matter\nproduced by the internal combustion of propellants.\n  x. Special effect. A visual or audible effect used for entertainment\npurposes, often produced to create an illusion. For example, smoke might\nbe produced to create the impression of fog being present, or a puff of\nsmoke, a flash of light, and a loud sound might be produced to create\nthe impression that a cannon has been fired.\n  y. Support personnel. Any individual who is not a performer or member\nof the audience. Among others, support personnel include the road crew\nof any production, stage hands, property masters, security guards, fire\nwatch officers, janitors, or any other employee.\n  z. Venue manager. An individual who has overall responsibility for the\noperation and management of the facility where pyrotechnics are to be\nused in a performance.\n  2. Permit requirements. a. All uses of all pyrotechnics in areas of\npublic assembly shall be approved by the permit authority. The permit\nauthority shall determine that appropriate measures are established to\nprovided acceptable crowd management, security, fire protection,\n(including sprinklers), and other emergency services. All planning and\nuse of pyrotechnics shall be coordinated with the venue manager and\nproducer.\n  b. Before the performance of any production, the permittee shall\nsubmit a plan for the use of pyrotechnics to the permit authority. After\na permit has been granted, the permittee shall keep the plan available\nat the site for safety inspectors or other designated agents of the\npermit authority. Any addition of pyrotechnics to a performance or any\nsignificant change in the presentation of pyrotechnics shall require\napproval by the permit authority, except that reducing the number or\nsize of pyrotechnics to be used in a performance shall not be considered\nto be a significant change in the presentation.\n  c. (1) The plan for the use of pyrotechnics shall be made in writing\nor such other form as is required or approved by the permit authority.\n  (2) The plan shall provide the following:\n  (a) Name of the person, group, organization, or other entity\nsponsoring the production.\n  (b) Date and time of day of the production.\n  (c) Exact location of the production.\n  (d) Name of the person actually in charge of firing the pyrotechnics\n(i.e., the pyrotechnic operator).\n  (e) Number, names, and ages of all assistants who are to be present.\n  (f) Qualifications of the pyrotechnic operator.\n  (g) Pyrotechnic experience of the operator.\n  (h) Confirmation of any applicable local, state, and federal licenses\nheld by the operator or assistant.\n  (i) Evidence of the permittee's insurance carrier or financial\nresponsibility.\n  (j) Number and types of pyrotechnic devices and materials to be used,\nthe operator's experience with those devices and effects, and a\ndefinition of the general responsibilities of assistants.\n  (k) Diagram of the grounds or facilities where the production is to be\nheld. This diagram shall show the point at which the pyrotechnic devices\nare to be fired, the fallout radius for each pyrotechnic device used in\nthe performance, the lines behind which the audience shall be\nrestrained, and the placement of sprinkler systems.\n  (l) Point of on-site assembly of pyrotechnic devices.\n  (m) Manner and place of storage of the pyrotechnic materials and\ndevices.\n  (n) Material safety data sheet (MSDS) for the pyrotechnic materials to\nbe used.\n  (o) Certification that the set, scenery, and rigging materials are\ninherently flame-retardant or have been treated to achieve flame\nretardancy.\n  (p) Certification that all materials worn by performers in the fallout\narea during use of pyrotechnic effects shall be inherently\nflame-retardant or have been treated to achieve flame retardancy.\n  (3) All plans shall be submitted as soon as is possible so that the\npermit authority has time to be present and to notify other interested\nparties. In no event shall such advance notice be less than five\nbusiness days.\n  d. A walk-through and a representative demonstration of the\npyrotechnics shall be approved by the permit authority before a permit\nis approved.  The permit authority may waive this requirement based on\npast history, prior knowledge, and other factors; provided that the\nauthority is confident that the discharge of pyrotechnics can be\nconducted safely.  The demonstration shall be scheduled with sufficient\ntime allowed to reset/reload the pyrotechnics before the arrival of the\naudience.\n  e. All pyrotechnic operators shall be at least twenty-one years old\nand licensed or approved by the permit authority in accordance with all\napplicable laws, if any. All assistants shall be at least eighteen years\nold.\n  3. Conduct of pyrotechnic performances. a. Two or more fire\nextinguishers of the proper classification and size as approved by the\npermit authority shall be readily accessible while the pyrotechnics are\nbeing loaded, prepared for firing, or fired. In all cases, at least two\npressurized water or pump extinguishers shall be available. Additional\nfire extinguishing equipment shall be provided as required by the permit\nauthority. Personnel who have a working knowledge of the use of the\napplicable fire extinguishers shall be present while the pyrotechnics\nare being handled, used, or removed. No personnel shall use or handle\npyrotechnic materials or devices while under the influence of\nintoxicating beverages, narcotics, controlled substances, and\nprescription or nonprescription drugs that can impair judgment. Fire\ndetection and life safety systems shall not be interrupted during the\noperation of pyrotechnic effects.\n  b. (1) All pyrotechnic devices shall be mounted in a secure manner to\nmaintain their proper positions and orientations so that, when they are\nfired, the pyrotechnic effects described in the plan submitted by the\npermittee are produced. Pyrotechnic devices shall be mounted so that no\nfallout from the device endangers human lives, results in personal\ninjury, or damages property. Pyrotechnic materials shall be fired only\nfrom equipment specifically constructed for the purpose of firing\npyrotechnic materials. The pyrotechnic operator shall be responsible for\nselecting equipment and materials that are compatible.\n  (2) Where rockets are launched before an audience, performers, or\nsupport personnel, the rockets shall be attached securely to a guide\nwire or cable with both ends securely attached and placed on an\nimpact-resistant surface located at the terminal end of the guide. This\nguide wire or cable shall be of sufficient strength and flame resistance\nto withstand the exhaust from the rocket. An effective arrangement to\nstop the rocket shall be provided.\n  (3) Pyrotechnics shall be: (a) placed so that any hazardous debris\nfalls into a safe, flame-resistant area; (b) fired so that the\ntrajectory of their pyrotechnic material is not carried over the\naudience; and (c) placed for firing so that no flammable materials are\nwithin their fallout area.\n  (4) Pyrotechnic devices and materials used indoors shall be\nspecifically manufactured and marked for indoor use by the manufacturer.\n  (5) Airbursts shall be permitted to be fired above the assembled\naudience, subject to the following conditions:\n  (a) The airburst shall be suspended by a minimum 30-gauge metal wire\nthat is attached securely to a secure support acceptable to the\nauthority having jurisdiction.\n  (b) The airburst shall occur at a minimum height of three times the\ndiameter of the effect.\n  (c) Where the effect is demonstrated, there shall be no burning or\nglowing particles below the fifteen-foot level above the floor.\n  c. Each pyrotechnic device fired during a performance shall be\nseparated from the audience by at least fifteen feet but not by less\nthan twice the fallout radius of the device. Concussion mortars shall be\nseparated from the audience by a minimum of twenty-five feet. There\nshall be no glowing or flaming particles within ten feet of the\naudience.\n  d. (1) The facility where pyrotechnic materials and devices are\nhandled and used shall be maintained in a neat and orderly condition and\nshall be kept free of any conditions that can create a fire hazard.\n  (2) Smoking shall not be permitted within twenty-five feet of the area\nwhere pyrotechnics are being handled or fired; provided that smoking by\nperformers as part of the performance shall be permitted as blocked in\nrehearsals and if expressly approved by the pyrotechnic operator and the\npermit authority.\n  e. (1) The pyrotechnic effect operator shall advise all performers and\nsupport personnel that they are exposed to a potentially hazardous\nsituation when performing or otherwise carrying out their\nresponsibilities in the vicinity of a pyrotechnic effect. Performers and\nsupport personnel familiar and experienced with the pyrotechnic effects\nbeing used shall be permitted to be in the area of a pyrotechnic effect,\nbut only voluntarily and in the performance of their duties.\n  (2) No part, projectile, or debris from the pyrotechnic material or\ndevice shall be propelled so that it damages overhead properties,\noverhead equipment, or the ceiling and walls of the facility.\n  (3) Immediately before any performance, the pyrotechnic operator shall\nmake a final check of wiring, positions, hook-ups, and pyrotechnic\ndevices to ensure that they are in proper working order. The pyrotechnic\noperator also shall verify safety distances.\n  (4) The placement and wiring of all pyrotechnic devices shall be\ndesigned to minimize the possibility of performers and support personnel\ndisturbing the devices during a performance.\n  (5) The pyrotechnic operator shall exercise extreme care throughout\nthe performance to ensure that the pyrotechnic devices function\ncorrectly and that the performers, support personnel, and audience are\nclear of the devices.\n  (6) When pyrotechnics are fired, the quantity of smoke developed shall\nbe controlled so as not to obscure the visibility of exit signs or paths\nof egress.\n  4. Bonds. Before granting and issuing a permit for a use of\npyrotechnics as provided in this section, the permit authority shall\nrequire an adequate bond from the applicant therefor, unless such\napplicant is a state entity, county park, city, village, or town, or\nfrom the person to whom a contract for such use shall be awarded, in a\nsum to be fixed by the permit authority, which, however, shall not be\nless than five hundred thousand dollars, conditioned for the payment of\nall damages which may be caused to a person or persons or to property by\nreason of the use so permitted and arising from any acts of the\npermittee, his or her agents, employees, contractors, or subcontractors.\nSuch bond shall run to the owner of the facility for which the permit is\ngranted and issued and shall be for the use and benefit of any person or\npersons or any owner or owners of any property so injured or damaged,\nand such person or persons or such owner or owners are hereby authorized\nto maintain an action thereon, which right of action also shall accrue\nto the heirs, executors, administrators, successors, or assigns of such\nperson or persons or such owner or owners. The permit authority may\naccept, in lieu of such bond, an indemnity insurance policy with\nliability coverage and indemnity protection equivalent to the terms and\nconditions upon which such bond is predicated and for the purposes\nherein provided.\n  5. Local laws or ordinances superseded. All local laws or ordinances\nregulating the use of pyrotechnics within the contemplation of this\nsection are hereby superseded by the provisions of this section, with\nthe exception of:\n  a. all laws or ordinances enacted by a city of one million or more;\nand\n  b. other local laws or ordinances that prohibit the use of indoor\npyrotechnics.\n