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, which agency in the territory  within a state park shall be the state agency having custody and control  thereof, 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 agencythereof 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 park, 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 andconditions 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.