N.Y. PEN Law § 405.00 — New York Code / Act PEN / Part 4 / Title W / Article 405 / Section 405.00
Permits for public displays of fireworks
Status: in_force

§ 405.00 Permits for public displays of fireworks.\n  1. Definition of "permit authority." The term "permit authority," as\nused in this section, means and includes the agency authorized to grant\nand issue the permits provided in this section. The permit authority on\nor within state property shall be the office of fire prevention and\ncontrol. The permit authority for territory within a county park shall\nbe the county park commission, or such other agency having jurisdiction,\ncontrol and/or operation of the parks or parkways within which any\nfireworks are to be displayed. The permit authority in a city shall be\nthe duly constituted licensing agency thereof and, in the absence of\nsuch agency, shall be an officer designated for the purpose by the\nlegislative body thereof. The permit authority in a village shall be an\nofficer designated for the purpose by the board of trustees thereof and\nthe permit authority in the territory of a town outside of villages\nshall be an officer designated for the purpose by the town board\nthereof.\n  2. Permits for fireworks displays. Notwithstanding the provisions of\nsection 270.00 of this chapter, the permit authority for state property,\ncounty parks, cities, villages, or towns may grant a permit for the\ndisplay of fireworks to municipalities, fair associations, amusement\nparks, persons, or organizations of individuals that submit an\napplication in writing. The application for such permit shall set forth:\n  (a) The name of the body sponsoring the display and the names of the\npersons actually to be in charge of the firing of the display who shall\npossess a valid certificate of competence as a pyrotechnician as\nrequired under the general business law and article sixteen of the labor\nlaw. The permit application shall further contain a verified statement\nfrom the applicant identifying the individuals who are authorized to\nfire the display including their certificate numbers, and that such\nindividuals possess a valid certificate of competence as a\npyrotechnician.\n  (b) The date and time of day at which the display is to be held.\n  (c) The exact location planned for the display.\n  (d) The number and kind of fireworks to be discharged.\n  (e) The manner and place of storage of such fireworks prior to the\ndisplay.\n  (f) A diagram of the grounds on which the display is to be held\nshowing the point at which the fireworks are to be discharged, the\nlocation of all buildings, highways and other lines of communication,\nthe lines behind which the audience will be restrained and the location\nof all nearby trees, telegraph or telephone lines or other overhead\nobstructions.\n  (g) Such other information as the permit authority may deem necessary\nto protect persons or property.\n  3. Applications for permits. All applications for permits for the\ndisplay of fireworks shall be made at least five days in advance of the\ndate of the display and the permit shall contain provisions that the\nactual point at which the fireworks are to be fired be in accordance\nwith the rules promulgated by the commissioner of labor pursuant to\nsection four hundred sixty-two of the labor law and that all the persons\nin actual charge of firing the fireworks shall be over the age of\neighteen years, competent and physically fit for the task, that there\nshall be at least two such operators constantly on duty during the\ndischarge and that at least two approved type fire extinguishers shall\nbe kept at as widely separated points as possible within the actual area\nof the display. For any applications made for the display of fireworks\non state property, the state fire administrator shall coordinate the\nissuance of such permits with the head of the police or fire department\nor both, where there are such departments. The legislative body of a\ncounty park, city, village or town may provide for approval of such\npermit by the head of the police or fire department or both where there\nare such departments. No permit granted and issued hereunder shall be\ntransferable. After such permit shall have been granted, sales,\npossession, use and distribution of fireworks for such display shall be\nlawful solely therefor.\n  3-a. Notwithstanding the provisions of subdivision three of this\nsection, no permit may be issued to conduct a display of fireworks upon\nany property where the boundary line of such property is less than five\nhundred yards from the boundary line of any property which is owned,\nleased or operated by any breeder as defined in subdivision four of\nsection two hundred fifty-one of the racing, pari-mutuel wagering and\nbreeding law.\n  4. Bonds. Before granting and issuing a permit for a display of\nfireworks as herein provided, the permit authority shall require an\nadequate bond from the applicant therefor, unless it is a state entity,\ncounty park, city, village or town, in a sum to be fixed by the permit\nauthority, which, however, shall not be less than one million dollars,\nconditioned for the payment of all damages, which may be caused to a\nperson or persons or to property, by reason of the display so permitted\nand arising from any acts of the permittee, his or her agents,\nemployees, contractors or subcontractors. Such bond shall run to the\nstate if the permit is granted for a display on state property, or to\nthe county park, city, village or town in which the permit is granted\nand issued and shall be for the use and benefit of any person or persons\nor any owner or owners of any property so injured or damaged, and such\nperson or persons or such owner or owners are hereby authorized to\nmaintain an action thereon, which right of action also shall accrue to\nthe 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\nprovided in this section.\n  5. Local ordinances superseded. (a) All local ordinances regulating or\nprohibiting the display of fireworks are hereby superseded by the\nprovisions of this section. Every city, town or village shall have the\npower to enact ordinances or local laws regulating or prohibiting the\nuse, or the storage, transportation or sale for use of fireworks in the\npreparation for or in connection with television broadcasts.\n  (b) Notwithstanding any inconsistent provision of law, a county may\nenact a local law to prohibit the sale and use of "sparkling devices",\nas such term is defined in section 270.00 of this chapter, provided,\nhowever, any such local law shall not establish:\n  (i) an offense greater than a violation for a person who shall use,\nexplode or cause to be exploded a sparkling device; or\n  (ii) an offense greater than a class B misdemeanor for a person who\nshall offer or expose for sale, sell or furnish a sparkling device\nvalued at less than five hundred dollars unless such offer, sale or\nfurnishing is to a person less than eighteen years of age.\n  (c) Notwithstanding paragraph (b) of this subdivision, any city wholly\ncontained within the county of Orange may enact a local law to prohibit\nthe sale and use of "sparkling devices" as defined in section 270.00 of\nthis chapter, in accordance with subparagraphs (i) and (ii) of paragraph\n(b) of this subdivision, notwithstanding that such county has not\nenacted a local law to prohibit the sale and use of such sparkling\ndevices.\n