2023 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 › 405.00 - Permits for Public Displays of Fireworks.

§ 405.00 Permits for public displays of fireworks.
1.  Definition  of "permit authority." The term "permit authority," as
used in this section, means and includes the agency authorized to  grant
and  issue the permits provided in this section. The permit authority on
or within state property shall be the  office  of  fire  prevention  and
control.  The  permit authority for 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
fireworks  are  to be displayed. The permit authority 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. The permit authority in a village shall be  an
officer  designated for the purpose by the board of trustees thereof and
the permit authority in the territory of  a  town  outside  of  villages
shall  be  an  officer  designated  for  the  purpose  by the town board
thereof.
2. Permits for fireworks displays. Notwithstanding the  provisions  of
section 270.00 of this chapter, the permit authority for state property,
county  parks,  cities,  villages,  or  towns may grant a permit for the
display of fireworks to  municipalities,  fair  associations,  amusement
parks,   persons,   or  organizations  of  individuals  that  submit  an
application in writing. The application for such permit shall set forth:
(a) The name of the body sponsoring the display and the names  of  the
persons  actually to be in charge of the firing of the display who shall
possess a  valid  certificate  of  competence  as  a  pyrotechnician  as
required under the general business law and article sixteen of the labor
law.  The  permit application shall further contain a verified statement
from the applicant identifying the individuals  who  are  authorized  to
fire  the  display  including  their  certificate numbers, and that such
individuals  possess  a   valid   certificate   of   competence   as   a
pyrotechnician.
(b) The date and time of day at which the display is to be held.
(c) The exact location planned for the display.
(d) The number and kind of fireworks to be discharged.
(e)  The  manner  and  place of storage of such fireworks prior to the
display.
(f) A diagram of the grounds on  which  the  display  is  to  be  held
showing  the  point  at  which  the  fireworks are to be discharged, the
location of all buildings, highways and other  lines  of  communication,
the  lines behind which the audience will be restrained and the location
of all nearby trees, telegraph or  telephone  lines  or  other  overhead
obstructions.
(g)  Such other information as the permit authority may deem necessary
to protect persons or property.
3. Applications for permits. All  applications  for  permits  for  the
display  of fireworks shall be made at least five days in advance of the
date of the display and the permit shall  contain  provisions  that  the
actual  point  at  which  the fireworks are to be fired be in accordance
with the rules promulgated by the  commissioner  of  labor  pursuant  to
section four hundred sixty-two of the labor law and that all the persons
in  actual  charge  of  firing  the  fireworks  shall be over the age of
eighteen years, competent and physically fit for the  task,  that  there
shall  be  at  least  two  such  operators constantly on duty during the
discharge and that at least two approved type fire  extinguishers  shall
be kept at as widely separated points as possible within the actual area
of  the  display. For any applications made for the display of fireworks
on state property, the state fire  administrator  shall  coordinate  the
issuance  of such permits with the head of the police or fire department

or both, where there are such departments. The  legislative  body  of  a
county  park,  city,  village  or  town may provide for approval of such
permit by the head of the police or fire department or both where  there
are  such  departments.  No permit granted and issued hereunder shall be
transferable.  After  such  permit  shall  have  been  granted,   sales,
possession,  use and distribution of fireworks for such display shall be
lawful solely therefor.
3-a. Notwithstanding the  provisions  of  subdivision  three  of  this
section,  no permit may be issued to conduct a display of fireworks upon
any property where the boundary line of such property is less than  five
hundred  yards  from  the  boundary line of any property which is owned,
leased or operated by any breeder as  defined  in  subdivision  four  of
section  two  hundred  fifty-one of the racing, pari-mutuel wagering and
breeding law.
4. Bonds. Before granting and  issuing  a  permit  for  a  display  of
fireworks  as  herein  provided,  the  permit authority shall require an
adequate bond from the applicant therefor, unless it is a state  entity,
county  park,  city, village or town, in a sum to be fixed by the permit
authority, which, however, shall not be less than one  million  dollars,
conditioned  for  the  payment  of all damages, which may be caused to a
person or persons or to property, by reason of the display so  permitted
and  arising  from  any  acts  of  the  permittee,  his  or  her agents,
employees, contractors or subcontractors. Such bond  shall  run  to  the
state  if  the  permit is granted for a display on state property, or to
the county park, city, village or town in 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
provided in this section.
5. Local ordinances superseded. (a) All local ordinances regulating or
prohibiting  the  display  of  fireworks  are  hereby  superseded by the
provisions of this section. Every city, town or village shall  have  the
power  to  enact  ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in  the
preparation for or in connection with television broadcasts.
(b)  Notwithstanding  any  inconsistent provision of law, a county may
enact a local law to prohibit the sale and use of  "sparkling  devices",
as  such  term  is  defined in section 270.00 of this chapter, provided,
however, any such local law shall not establish:
(i) an offense greater than a violation for a person  who  shall  use,
explode or cause to be exploded a sparkling device; or
(ii)  an  offense  greater than a class B misdemeanor for a person who
shall offer or expose for sale,  sell  or  furnish  a  sparkling  device
valued  at  less  than  five  hundred dollars unless such offer, sale or
furnishing is to a person less than eighteen years of age.
(c) Notwithstanding paragraph (b) of this subdivision, any city wholly
contained within the county of Orange may enact a local law to  prohibit
the  sale and use of "sparkling devices" as defined in section 270.00 of
this chapter, in accordance with subparagraphs (i) and (ii) of paragraph
(b) of this  subdivision,  notwithstanding  that  such  county  has  not
enacted  a  local  law  to  prohibit  the sale and use of such sparkling
devices.