NY Penal L § 405.10 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title W - Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records Article 405 - Licensing and Other Provisions Relating to Fireworks 405.10 - Permits for Indoor Pyrotechnics.

§ 405.10 Permits for indoor pyrotechnics.   1.  Definitions. For the purposes of this section, the following terms have the following meanings:   a. Airburst. A pyrotechnic device that is  suspended  in  the  air  to simulate  outdoor  aerial  fireworks  shells without producing hazardous debris.   b. Areas of public assembly. All buildings or  portions  of  buildings used  for  gathering  together  fifty  or  more  persons  for amusement, athletic,  civic,   dining,   educational,   entertainment,   patriotic, political,  recreational,  religious,  social,  or similar purposes, the entire fire area of which they are a  part,  and  the  means  of  egress therefrom.   c.  Assistant.  A  person  who  works  under  the  supervision  of the pyrotechnic operator.   d.  Audience.  Spectators  whose  primary  purpose  is   to   view   a performance.   e.  Building.  A  combination  of  any  materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals, or property. The word "building" shall  be  construed  for  the purposes  of  this  section  as though followed by the words "or part or parts thereof", unless the context clearly requires a different meaning.   f. Concussion mortar. A device specifically designed  and  constructed to  produce a loud noise and a violent jarring shock for dramatic effect without producing any damage.   g. Fallout area. The area in which any hazardous debris falls after  a pyrotechnic  device  is  fired.  The fallout area is defined as a circle that, in turn, is defined by the fallout radius.   h. Fallout  radius.  A  line  that  defines  the  fallout  area  of  a pyrotechnic  device.  The line is defined by two points. The first point is at the center of a pyrotechnic device. The second point is the  point most  distant  from  the  center  of the pyrotechnic device at which any hazardous debris from the device can fall.   i. Fire area. The floor area of a story of a building within  exterior walls, party walls, fire walls, or any combination thereof.   j.   Hazardous  debris.  Any  debris,  produced  or  expelled  by  the functioning of a pyrotechnic device, that is capable of causing personal injury or unpredicted property damage. This includes, but is not limited to, hot  sparks,  heavy  casing  fragments,  and  unignited  components. Materials  such  as  confetti,  lightweight  foam  pieces,  feathers, or novelties are not to be construed as hazardous debris.   k. Owner. Any person,  agent,  firm,  association,  limited  liability company,  partnership,  or  corporation  having  a  legal  or  equitable interest in the property.   l. Performance. The enactment of a  musical,  dramatic,  operatic,  or other  entertainment production. The enactment may begin and progress to its end according to a script,  plan,  or  other  preconceived  list  of events, or deviate therefrom. A performance includes any encores.   m.  Performer.  Any  person  active  in  a  performance  during  which pyrotechnics are used and who is not part of  the  audience  or  support personnel.  Among  others,  performers  include, but are not limited to, actors, singers, musicians, and acrobats.   n. Permit authority. The agency authorized  to  grant  and  issue  the permits  provided  for in this section on or within state property shall be the office of fire prevention and control, in the territory within  a county  park  shall  be the county park commission, or such other agency having jurisdiction, control, and/or operation of the parks or  parkways within  which  any  pyrotechnics  are to be used, in a city shall be the duly constituted licensing agency thereof and, in the  absence  of  such  agency,   shall  be  an  officer  designated  for  the  purpose  by  the legislative body thereof, in a village shall be  an  officer  designated for  the purpose by the board of trustees thereof, and, in the territory of  a  town  outside of villages, shall be an officer designated for the purpose by the town board thereof.   o. Permittee. (1) The  person  or  persons  who  are  responsible,  as provided  in  subparagraph  two  of  this  paragraph,  for obtaining the necessary permit or permits for the use of indoor pyrotechnics in  areas of  public  assembly  or  for  a  production, or who are responsible for obtaining such permit or  permits  under  an  applicable  local  law  or ordinance authorized pursuant to subdivision five of this section.  (2)  The  owner  of  a  place  of public assembly or building in which pyrotechnics are to be used shall  be  responsible  for  obtaining  such permit  or  permits;  provided, however, that such owner, in writing, by agreement or  lease,  may  require  or  otherwise  authorize  a  lessee, licensee,  pyrotechnic  operator,  or  other party to be responsible for obtaining such permit or permits, in which  case  such  other  party  or parties shall be deemed responsible for obtaining such permit or permits and  shall  be  the  permittee  for  purposes  of this article; provided further that the structure is otherwise appropriate for such  use  under the  New  York  state  fire  prevention  and building code or other such applicable code.   p. Producer. An individual who  has  overall  responsibility  for  the operation  and  management of the performance where the pyrotechnics are to be used. Generally, the producer is  an  employee  of  the  promotion company,   entertainment   company,   festival,  theme  park,  or  other entertainment group.   q. Production. All the performances of a musical, dramatic,  operatic, or other show or series of shows.   r. Pyrotechnic device. Any device containing pyrotechnic materials and capable of producing a special effect as defined in this subdivision.   s.  Pyrotechnic  material  (Pyrotechnic  special  effects material). A chemical mixture used in the entertainment industry to  produce  visible or  audible  effects  by combustion, deflagration, or detonation. Such a chemical mixture consists predominantly of solids capable of producing a controlled,  self-sustaining,  and  self-contained  exothermic  chemical reaction  that  results  in heat, gas, sound, light, or a combination of these effects. The chemical reaction functions without external oxygen.   t. Pyrotechnic operator (Special effects operator). An individual  who has  responsibility  for pyrotechnic safety and who controls, initiates, or otherwise creates special effects.   u. Pyrotechnic special effect. A special effect  created  through  the use of pyrotechnic materials and devices.   v.  Pyrotechnics.  Controlled  exothermic  chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume.   w. Rocket. A pyrotechnic device that moves by the ejection  of  matter produced by the internal combustion of propellants.   x.  Special  effect. A visual or audible effect used for entertainment purposes, often produced to create an illusion. For example, smoke might be produced to create the impression of fog being present, or a puff  of smoke,  a  flash  of light, and a loud sound might be produced to create the impression that a cannon has been fired.   y. Support personnel. Any individual who is not a performer or  member of  the  audience. Among others, support personnel include the road crew of any production, stage hands, property masters, security guards,  fire watch officers, janitors, or any other employee.    z. Venue manager. An individual who has overall responsibility for the operation  and  management  of the facility where pyrotechnics are to be used in a performance.   2.  Permit  requirements.  a. All uses of all pyrotechnics in areas of public assembly shall be approved by the permit  authority.  The  permit authority  shall  determine that appropriate measures are established to provided  acceptable  crowd  management,  security,   fire   protection, (including  sprinklers),  and other emergency services. All planning and use of pyrotechnics shall be coordinated  with  the  venue  manager  and producer.   b.  Before  the  performance  of  any  production, the permittee shall submit a plan for the use of pyrotechnics to the permit authority. After a permit has been granted, the permittee shall keep the  plan  available at  the  site  for  safety  inspectors or other designated agents of the permit authority. Any addition of pyrotechnics to a performance  or  any significant  change  in  the  presentation of pyrotechnics shall require approval by the permit authority, except that  reducing  the  number  or size of pyrotechnics to be used in a performance shall not be considered to be a significant change in the presentation.   c.  (1)  The plan for the use of pyrotechnics shall be made in writing or such other form as is required or approved by the permit authority.  (2) The plan shall provide the following:  (a)  Name  of  the  person,  group,  organization,  or  other   entity sponsoring the production.  (b) Date and time of day of the production.  (c) Exact location of the production.  (d)  Name  of the person actually in charge of firing the pyrotechnics (i.e., the pyrotechnic operator).  (e) Number, names, and ages of all assistants who are to be present.  (f) Qualifications of the pyrotechnic operator.  (g) Pyrotechnic experience of the operator.  (h) Confirmation of any applicable local, state, and federal  licenses held by the operator or assistant.  (i)  Evidence  of  the  permittee's  insurance  carrier  or  financial responsibility.  (j) Number and types of pyrotechnic devices and materials to be  used, the  operator's  experience  with  those  devices  and  effects,  and  a definition of the general responsibilities of assistants.  (k) Diagram of the grounds or facilities where the production is to be held. This diagram shall show the point at which the pyrotechnic devices are to be fired, the fallout radius for each pyrotechnic device used  in the   performance,   the  lines  behind  which  the  audience  shall  be restrained, and the placement of sprinkler systems.  (l) Point of on-site assembly of pyrotechnic devices.  (m) Manner and place of  storage  of  the  pyrotechnic  materials  and devices.  (n) Material safety data sheet (MSDS) for the pyrotechnic materials to be used.  (o)  Certification  that  the  set, scenery, and rigging materials are inherently  flame-retardant  or  have  been  treated  to  achieve  flame retardancy.  (p) Certification that all materials worn by performers in the fallout area   during   use   of   pyrotechnic   effects   shall  be  inherently flame-retardant or have been treated to achieve flame retardancy.  (3) All plans shall be submitted as soon as is possible  so  that  the permit  authority  has time to be present and to notify other interested parties. In no event  shall  such  advance  notice  be  less  than  five business days.    d.   A   walk-through   and  a  representative  demonstration  of  the pyrotechnics shall be approved by the permit authority before  a  permit is  approved.   The permit authority may waive this requirement based on past history, prior knowledge, and  other  factors;  provided  that  the authority  is  confident  that  the  discharge  of  pyrotechnics  can be conducted safely.  The demonstration shall be scheduled with  sufficient time  allowed to reset/reload the pyrotechnics before the arrival of the audience.   e. All pyrotechnic operators shall be at least  twenty-one  years  old and  licensed or approved by the permit authority in accordance with all applicable laws, if any. All assistants shall be at least eighteen years old.   3.  Conduct  of  pyrotechnic  performances.  a.  Two  or   more   fire extinguishers  of  the proper classification and size as approved by the permit authority shall be readily accessible while the pyrotechnics  are being  loaded, prepared for firing, or fired. In all cases, at least two pressurized water or pump extinguishers shall be  available.  Additional fire extinguishing equipment shall be provided as required by the permit authority.  Personnel  who  have  a  working knowledge of the use of the applicable fire extinguishers shall be present  while  the  pyrotechnics are  being  handled,  used, or removed. No personnel shall use or handle pyrotechnic  materials  or  devices  while  under   the   influence   of intoxicating    beverages,   narcotics,   controlled   substances,   and prescription or nonprescription drugs that  can  impair  judgment.  Fire detection  and  life  safety systems shall not be interrupted during the operation of pyrotechnic effects.   b. (1) All pyrotechnic devices shall be mounted in a secure manner  to maintain  their proper positions and orientations so that, when they are fired, the pyrotechnic effects described in the plan  submitted  by  the permittee  are produced. Pyrotechnic devices shall be mounted so that no fallout from the device  endangers  human  lives,  results  in  personal injury,  or  damages property. Pyrotechnic materials shall be fired only from equipment  specifically  constructed  for  the  purpose  of  firing pyrotechnic materials. The pyrotechnic operator shall be responsible for selecting equipment and materials that are compatible.  (2)  Where  rockets  are  launched  before an 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.  (3) Pyrotechnics shall be: (a) placed so  that  any  hazardous  debris falls  into  a  safe,  flame-resistant  area;  (b)  fired  so  that  the trajectory of  their  pyrotechnic  material  is  not  carried  over  the audience;  and  (c) placed for firing so that no flammable materials are within their fallout area.  (4)  Pyrotechnic  devices  and  materials  used   indoors   shall   be specifically manufactured and marked for indoor use by the manufacturer.  (5)  Airbursts  shall  be  permitted  to  be fired above the assembled audience, subject to the following conditions:  (a) The airburst shall be suspended by a minimum 30-gauge  metal  wire that  is  attached  securely  to  a  secure  support  acceptable  to the authority having jurisdiction.  (b) The airburst shall occur at a minimum height of  three  times  the diameter of the effect.  (c)  Where  the  effect  is demonstrated, there shall be no burning or glowing particles below the fifteen-foot level above the floor.    c. Each  pyrotechnic  device  fired  during  a  performance  shall  be separated  from  the  audience  by at least fifteen feet but not by less than twice the fallout radius of the device. Concussion mortars shall be separated from the audience by a  minimum  of  twenty-five  feet.  There shall  be  no  glowing  or  flaming  particles  within  ten  feet of the audience.   d. (1) The  facility  where  pyrotechnic  materials  and  devices  are handled and used shall be maintained in a neat and orderly condition and shall be kept free of any conditions that can create a fire hazard.  (2) Smoking shall not be permitted within twenty-five feet of the area where  pyrotechnics are being handled or fired; provided that smoking by performers as part of the performance shall be permitted as  blocked  in rehearsals and if expressly approved by the pyrotechnic operator and the permit authority.   e. (1) The pyrotechnic effect operator shall advise all performers and support  personnel  that  they  are  exposed  to a potentially hazardous situation   when   performing   or   otherwise   carrying   out    their responsibilities in the vicinity of a pyrotechnic effect. Performers and support  personnel familiar and experienced with the pyrotechnic effects being used shall be permitted to be in the area of a pyrotechnic effect, but only voluntarily and in the performance of their duties.  (2) No part, projectile, or debris from the  pyrotechnic  material  or device  shall  be  propelled  so  that  it  damages overhead properties, overhead equipment, or the ceiling and walls of the facility.  (3) Immediately before any performance, the pyrotechnic operator shall make a final check  of  wiring,  positions,  hook-ups,  and  pyrotechnic devices to ensure that they are in proper working order. The pyrotechnic operator also shall verify safety distances.  (4)  The  placement  and  wiring  of  all pyrotechnic devices shall be designed to minimize the possibility of performers and support personnel disturbing the devices during a performance.  (5) The pyrotechnic operator shall exercise  extreme  care  throughout the   performance  to  ensure  that  the  pyrotechnic  devices  function correctly and that the performers, support personnel, and  audience  are clear of the devices.  (6) When pyrotechnics are fired, the quantity of smoke developed shall be controlled so as not to obscure the visibility of exit signs or paths of egress.   4.  Bonds.  Before  granting  and  issuing  a  permit  for  a  use  of pyrotechnics as provided in this section,  the  permit  authority  shall require  an  adequate  bond  from  the  applicant  therefor, unless such applicant is a state entity, county park, city,  village,  or  town,  or from  the  person to whom a contract for such use shall be awarded, in a sum to be fixed by the permit authority, which, however,  shall  not  be less  than five hundred thousand dollars, conditioned for the payment of all damages which may be caused to a person or persons or to property by reason of the use  so  permitted  and  arising  from  any  acts  of  the permittee, his or her agents, employees, contractors, or subcontractors. Such bond shall run to the owner of the facility for which the permit is granted and issued and shall be for the use and benefit of any person or persons  or  any  owner or owners of any property so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also  shall  accrue to  the heirs, executors, administrators, successors, or assigns of such person or persons or such owner or  owners.  The  permit  authority  may accept,  in  lieu  of  such  bond,  an  indemnity  insurance policy with liability coverage and indemnity protection equivalent to the terms  and  conditions  upon  which  such  bond  is  predicated and for the purposes herein provided.   5.  Local  laws or ordinances superseded. All local laws or ordinances regulating the use of pyrotechnics  within  the  contemplation  of  this section  are  hereby  superseded by the provisions of this section, with the exception of:   a. all laws or ordinances enacted by a city of one  million  or  more; and   b.  other  local  laws  or  ordinances that prohibit the use of indoor pyrotechnics.