CHAPTER 33 EXPLOSIVES, FIREWORKS AND … 33_Explosives...CHAPTER 33 EXPLOSIVES, FIREWORKS AND...

CHAPTER 33

EXPLOSIVES, FIREWORKS AND SPECIAL EFFECTS

SECTION FC 3301GENERAL

3301.1 Scope. This chapter shall govern the possession, manu-facture, storage, handling, use, transportation and sale ofexplosives, fireworks, materials used to create a special effect,including pyrotechnic materials, and model and high-powerrockets.

Exceptions:

1. Manufacture, storage, handling, use, transportationand sale of such materials by the Armed Forces of theUnited States, Coast Guard or National Guard.

2. Explosives in forms prescribed by the official UnitedStates Pharmacopoeia.

3. Reserved.

4. Reserved.

5. The use of explosives by federal and state, lawenforcement and public safety agencies acting in theirofficial capacity.

6. Special industrial explosive devices which individu-ally contain a quantity of explosives of not more than0.056 ounces (1.6 grams) net explosive weight andwhich the aggregate do not exceed 1 pound (0.454 kg)net explosive weight.

7. The storage, handling, use, transportation and sale ofblank industrial-power load cartridges when pack-aged in accordance with United States Department ofTransportation packaging regulations.

3301.2 Permits. Permits shall be required as set forth in Sec-tion 105.6.

3301.2.1 Reserved.

3301.2.2 Reserved.

3301.2.3 Permit restrictions. The commissioner, as a con-dition to the granting of a permit, may impose furtherrestrictions on the storage, handling, use, transportation orsale of an explosive, fireworks display or special effects thatthe commissioner deems necessary or appropriate in theinterest of public safety, including further restricting thequantity of materials, and designating the locations, daysand times of days allowed for the permitted activity.

3301.2.4 Financial responsibility. Applicants for a permitshall submit proof satisfactory to the commissioner that theapplicant has obtained and will maintain for the duration ofthe permit period a liability and casualty insurance policy, orequivalent surety bond, covering the permit holder, its offi-cers, employees and agents, for personal injuries and prop-erty damage resulting from the permitted activity or thefailure of the permit holder, its officers, employees andagents, to comply with any requirement of this chapter, any

rule promulgated hereunder or the terms and conditions ofthe permit. Such insurance policy or surety bond shall namethe city of New York as an additional insured and shall pro-vide for notice to the commissioner at least ten days prior toany material change, cancellation or termination thereof.Such insurance policy or surety bond shall be in the follow-ing amounts, as applicable.

1. High explosives. The insurance policy or surety bondfor the storage or use of high explosive, including anyblasting operation, shall be in an amount to be deter-mined by the commissioner but not less than five mil-lion dollars.

2. Low explosives. The insurance policy or surety bondfor the storage of low explosives, small arms ammu-nition, primers, black powder or smokeless propel-lants shall be in an amount to be determined by thecommissioner but not less than one hundred thousanddollars.

3. Fireworks. The insurance policy or surety bond forthe discharge of fireworks, including any fireworksdisplay, shall be in an amount to be determined by thecommissioner but not less than two million dollars.

4. Special effects. The insurance policy or surety bondfor the conduct of any special effects, including anyspecial effects involving the storage or use of a pyro-technic material, article or device, shall be in anamount to be determined by the commissioner but notless than one million dollars.

3301.3 Prohibited materials, operations and facilities.

3301.3.1 Explosives. It shall be unlawful to:

1. Manufacture any explosive, including small armsammunition, primers, black powder and smokelesspropellants.

2. Store for sale or display for sale any explosive in anarea that is not secured from unauthorized access,including any unsecured display in an area accessibleto the public.

3. Store, handle or use any explosive for any purposeother than one authorized by this chapter or other fed-eral, state or city law, rule or regulation.

4. Store, handle or use any explosive in a residentialbuilding, or within 100 feet (30 480 mm) thereof,except for approved blasting operations and lawfulstorage of small arms ammunition for personal useand not for resale in accordance with Section 3306.

5. Store, handle or use any explosive without the permit,certificate of fitness and/or other approval required bythis section.

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6. Store, handle, use or sell the following explosives:

6.1. Liquid nitroglycerin.

6.2. Dynamite containing more than 60 percentliquid explosive ingredient.

Exception: Gelatin dynamite used for buildingimplosions approved by the commissioner.

6.3. Dynamite without an approved absorbent, orin packaging that permits leakage of a liquidexplosive ingredient under any conditions lia-ble to exist during storage.

6.4. Nitrocellulose in a dry and uncompressedcondition in a quantity greater than 10 pounds(4.54 kg) of net weight in one package.

6.5. Fulminate of mercury in a dry condition andfulminate of all other metals in any conditionexcept as a component of manufactured arti-cles not hereinafter forbidden.

6.6. Explosive compositions that ignite spontane-ously or undergo marked decomposition, ren-dering the products of their use morehazardous, when subjected to a temperatureof 167°F (75°C) for a continuous period of 48hours or less.

6.7. Explosives containing an ammonium salt anda chlorate.

6.8. Explosives that have not been approved orhave been forbidden in accordance with theregulations of the United States Departmentof Transportation, as set forth in 49 CFR Sec-tions 173.51 and/or 173.54.

6.9. Explosives that have not been packaged ormarked in accordance with the regulations ofthe United States Department of Transporta-tion, as set forth in 49 CFR Parts 100-178, andthe requirements of Sections 3303 and 3306.

7. Use any high explosive that has not been approved bythe commissioner.

8. Operate or maintain safe havens and interchange lotsfor vehicles transporting explosives as set forth inNFPA 498.

3301.3.2 Fireworks. It shall be unlawful to:

1. Manufacture fireworks.

2. Sell fireworks, or offer or display fireworks forsale.

3. Store, handle, use or possess fireworks for anypurpose other than conducting a fireworks displayapproved in accordance with this chapter.

4. Store fireworks, except temporary storage inci-dental to a fireworks display.

5. Conduct a fireworks display inside a building.

6. Conduct a fireworks display without the fireworkscontractor certificate and certificates of fitnessrequired by this chapter.

7. Manually discharge a fireworks display, or con-duct a fireworks display without an electrical con-trol panel.

8. Store, handle, use or sell fireworks that have notbeen approved or have been forbidden in accor-dance with the regulations of the United StatesDepartment of Transportation, as set forth in 49CFR Sections 173.51 and/or 173.54.

9. Store, handle, use or sell fireworks that have notbeen packaged or marked in accordance with theregulations of the United States Department ofTransportation, as set forth in CFR 49 Parts100-178, and Sections 3303 and 3306.

3301.3.3 Pyrotechnic material. It shall be unlawful to:

1. Manufacture any pyrotechnic material, article ordevice.

2. Store for sale or display for sale any pyrotechnicmaterial, article or device in an area that is not securedfrom unauthorized access, including any unsecureddisplay in an area accessible to the public.

3. Store, handle or use any pyrotechnic material, articleor device in any residential building or within 100 feet(30 480 mm) thereof.

4. Sell any pyrotechnic material, article or devicedesigned to create a special effect without the pyro-technic supplier certificate required by this chapter.

5. Conduct any special effects using a pyrotechnic mate-rial, article or device without the certificate of fitnessrequired by this chapter.

6. Store, handle, use or sell pyrotechnic material that hasnot been approved or have been forbidden in accor-dance with the regulations of the United StatesDepartment of Transportation, as set forth in 49 CFRSections 173.51 and/or 173.54.

7. Store, handle, use or sell pyrotechnic material that hasnot been packed or marked in accordance with theregulations of the United States Department of Trans-portation, as set forth in 49 CFR Parts 100-178, andthis chapter.

3301.3.4 Rocketry. It shall be unlawful to manufacture,store, handle or use model rocketry or high-power rocketry,as defined in NFPA 1122 and NFPA 1127.

3301.3.5 Smoking prohibited. It shall be unlawful tosmoke, light or maintain an open flame, or conduct hot workoperations within 100 feet (30 480 mm)2 of any location:

1. Where explosives or fireworks are stored, handled,used or otherwise discharged.

2. Where any material, article or device of an explosive,flammable or combustible nature, including pyro-technic materials, articles and devices and fireworks,

248 2008 NEW YORK CITY FIRE CODE


1.4G, used to create a special effect are stored, han-dled, used or otherwise discharged.

3301.3.6 Sobriety. It shall be unlawful to be under the influ-ence of intoxicating beverages, narcotics, controlled sub-stances, and prescription or nonprescription drugs that canimpair judgment as follows:

1. When supervising storage, or handling, or otherwisedischarging or using explosives or fireworks.

2. When supervising storage, or handling, or otherwisedischarging or using materials, articles or devices ofan explosive, flammable or combustible nature,including pyrotechnic materials, articles and devicesand fireworks, 1.4G, used to create a special effect.

3301.4 Reserved.

3301.5 Supervision. The storage, handling, use and transpor-tation of explosives, fireworks and pyrotechnic materials, arti-cles and devices designed to create a special effect, includingthe discharge thereof, and special effects operations, shall besupervised in accordance with Sections 3301.5.1 through3301.5.3.

3301.5.1 Explosives. Any blasting operations shall be con-ducted by a company holding a blasting contractor certifi-cate and by persons holding a certificate of fitness inaccordance with Sections 3301.5.1.1 through 3301.5.1.5.

3301.5.1.1 Blasting contractor certificate. The stor-age, handling, discharge or other use and transportationof explosives for blasting operations shall be conductedby a blasting contractor holding a blasting contractor cer-tificate issued pursuant to this section. Such a certificateshall be issued only to a company whose owners, princi-pals and officers demonstrate to the satisfaction of thecommissioner that they possess the requisite characterand fitness, education, experience, licenses, facilities,equipment and qualified staff to safely conduct blastingoperations. The commissioner may adopt rules prescrib-ing the requisite qualifications and other requirementsfor the issuance of such a certificate. The blaster shall beresponsible for all blasting operations, and ensuringcompliance with all applicable laws, rules and regula-tions.

3301.5.1.2 Storage of high explosives. The storage ofhigh explosives shall be under the personal supervisionof a magazine keeper holding a certificate of fitness forexplosive storage. Such person shall have no duties otherthan safeguarding, operating and maintaining the maga-zine and its contents, including opening and closing themagazine and locking and otherwise securing the maga-zine from unauthorized entry and its contents from unau-thorized access; receiving and dispensing or returningexplosives; maintaining complete and accurate recordsof the explosives received, dispensed and returned; andvisually inspecting and verifying the quantity and condi-tion of the explosives in the magazine at the beginningand end of each work shift, and documenting same at theend of each work shift by signing an inventory slip in thepresence of the succeeding magazine keeper. Theunloading and loading of vehicles delivering explosives

to the magazine or removing explosives therefrom shallbe under the personal supervision of the certificate of fit-ness holder supervising the magazine.

3301.5.1.3 Handling of high explosives. All handlingof high explosives, including handling in connectionwith blasting operations or other use, and handling inci-dental to transportation (other than transportation setforth in Section 2707.4), shall be performed by a blasterholding a certificate of fitness for blasting operations, anassistant blaster holding a certificate of fitness for blast-ing assistant, a magazine keeper holding a certificate offitness for explosives storage, or an explosives handlerholding a certificate of fitness for explosives handling.

3301.5.1.4 Use of high explosives. Blasting operationsor other use of high explosives shall be conducted underthe personal supervision of a blaster holding a1 certificateof fitness for blasting operations. The blaster shall be incharge of and responsible for all blasting operations. Theblaster shall ensure compliance with all applicable laws,rules, regulations, permit conditions and blasting proce-dures, and ensure that the blasting crew is trained andknowledgeable in the use of explosives. The blaster shallprescribe the blast area and danger zone and check thatall persons, including the blasting crew, other job sitepersonnel, pedestrians and traffic, are outside the dangerzone before firing a blast. The duties of the blaster,except giving the direction to initiate the blast, may bedelegated to an assistant blaster holding a certificate offitness for blasting assistant.

3301.5.1.5 Other job site personnel. Other personswhose work causes them to be present within 100 feet(30 480 mm) of the storage, handling or use of highexplosives shall hold a certificate of fitness for blastingjob site personnel.

3301.5.2 Fireworks. Fireworks displays shall be conductedby a company holding a fireworks contractor certificate andpersons holding a certificate of fitness for fireworks displayin accordance with Sections 3301.5.2.1 through 3301.5.2.3.

3301.5.2.1 Fireworks contractor certificate. Each dis-play or other event involving the discharge or other use offireworks shall be conducted by a fireworks contractorholding a fireworks contractor certificate issued pursuantto this section. Such a certificate shall be issued only to acompany whose owners, principals and officers demon-strate to the satisfaction of the commissioner that theypossess the requisite character and fitness, education,experience, licenses, facilities, equipment and qualifiedstaff to safely conduct fireworks displays or other eventsinvolving the discharge or other use of fireworks. Thecommissioner may adopt rules prescribing the requisitequalifications and other requirements for the issuance ofsuch a certificate. The fireworks contractor shall beresponsible for the safe conduct of the display or otherevent, in the manner prescribed by the commissioner,including:

1. Arranging for the preparation and submission ofthe fireworks display permit application, includ-



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ing the fireworks display plan, and obtaining thefireworks display permit.

2. Obtaining any necessary permit or authorization,including but not limited to any permit or authori-zation required by the United States Coast Guard,the New York City Department of Parks and Rec-reation, the Port Authority of New York and NewJersey, and the United States Federal AviationAdministration.

3. Ensuring compliance with all federal, state andlocal laws, rules and regulations governing thetransportation of explosives.

4. Ensuring adequate facilities, fire protection, andstaffing by qualified personnel, including the cer-tificate of fitness holders required by this section.

5. Ensuring compliance with the directions of thedepartment representatives.

6. In conjunction with the sponsor, ensuring mainte-nance of viewing areas at a safe distance from thelocation of the fireworks discharge, and otherappropriate safety and crowd control measures, asprescribed by the commissioner.

7. Obtaining a liability and casualty insurance policyas set forth in Section 3301.2.4.

8. Conducting an inspection of the display site notmore than 48 hours nor less than 24 hours prior tothe scheduled display to determine whether therehave been any changes in conditions at the displaysite or other area encompassed by the fireworksdisplay plan (such as the presence of any new com-bustible or flammable material) that could renderthe area unsafe for a fireworks display. The fire-works display contractor shall notify the depart-ment of any such conditions and arrange for themto be removed.

9. Ensuring that the site of the display or other eventis left in a safe condition.

3301.5.2.2 Storage and handling of fireworks. Allhandling of fireworks, including unloading from vehi-cles, and loading and placement of mortars and fusing ofshells, and all temporary storage of fireworks incidentalto a fireworks display shall be conducted under the per-sonal supervision of a holder of a certificate of fitness forfireworks display.

3301.5.2.3 Use of fireworks. The use of fireworks for afireworks display, including the discharge of fireworksduring the display, shall be conducted by a person hold-ing a certificate of fitness for fireworks display. Eachfireworks display or other discharge of fireworks shall beunder the personal supervision of at least two personsholding a certificate of fitness for fireworks display. Thecertificate of fitness holders conducting a fireworks dis-play or other event shall be responsible for the safe han-dling, installation and discharge of fireworks andpost-display site safety measures, in compliance with therequirements of this section, any rules promulgated here-

under, the terms and conditions of the fireworks displaypermit, and all other applicable laws, rules and regula-tions.

3301.5.3 Special effects. The storage, handling, dischargeor other use and transportation of any material, article ordevice of an explosive, flammable or combustible nature,including fireworks, 1.4G, for special effects, and any saleor offering for sale of a pyrotechnic material, article ordevice, shall be conducted by persons holding a certificateof fitness or a pyrotechnic supplier certificate in accordancewith Sections 3301.5.3.1 through 3301.5.3.4.

3301.5.3.1 Special effects or other use of pyrotechnicmaterials, articles and devices. Special effects displaysor other events involving the conduct of a special effect,including the discharge or other use of any pyrotechnicmaterial, article or device and fireworks, 1.4G, shall beconducted by a person holding a certificate of fitness forspecial effects issued pursuant to this section. Each dis-charge or other use of materials, articles or devices usedfor a special effect shall be performed by, or, if autho-rized by a special effects permit, under the personalsupervision of, such certificate of fitness holder. The cer-tificate of fitness holder conducting a special effect shallbe responsible for the safe handling, installation and dis-charge of the special effect and post-discharge site safetymeasures in compliance with the requirements of thissection, any rules promulgated hereunder, the terms andconditions of the special effects permit, and all otherapplicable laws, rules and regulations. A certificate of fit-ness for special effects shall be issued only to a personwho demonstrates to the satisfaction of the commis-sioner that he or she possesses such education, training orexperience in the manufacture, storage, use and displayof pyrotechnic materials, articles and devices and otherspecial effects as to qualify him or her to safely conductone or more special effects. The commissioner mayadopt rules prescribing the requisite qualifications andother requirements for the issuance of such certificate.

3301.5.3.2 Storage and handling of pyrotechnic mate-rials, articles or devices. The storage of pyrotechnicmaterials, articles and devices in connection with a spe-cial effects display shall be under the general supervisionof a certificate of fitness holder for pyrotechnic specialeffects materials. The handling of such materials, articlesand devices shall be performed under the personal super-vision of a certificate of fitness holder for special effectsoperations or a certificate of fitness for pyrotechnicmaterials.

3301.5.3.3 Storage and handling of nonpyrotechnic3

materials, articles and devices used for special effects.The storage of materials, articles and devices of a flam-mable or combustible nature in connection with a specialeffects display shall be under the general supervision of acertificate of fitness holder for nonpyrotechnic3 specialeffects materials. The handling of such materials, articlesand devices shall be performed under the personal super-vision of a certificate of fitness holder for special effects



operations or a certificate of fitness for nonpyrotechnic3

materials.

3301.5.3.4 Pyrotechnic supplier certificate. The saleor offering for sale of any pyrotechnic material, article ordevice to create a special effect shall be conducted by acompany holding a pyrotechnic supplier certificateissued pursuant to this section. A pyrotechnic suppliercertificate shall be issued only to a company whose own-ers, principals or officers demonstrate to the satisfactionof the commissioner that they possess the requisite char-acter and fitness, education, experience, licenses, facili-ties, equipment and qualified staff to safely store, handleand transport pyrotechnic materials, articles or devices,and to ensure the lawful sale of such materials, articlesand devices. The commissioner may adopt rules pre-scribing the requisite qualifications and other require-ments for the issuance of such certificate. The holder of apyrotechnic supplier certificate shall store, handle, trans-port, offer for sale, and sell pyrotechnic materials, arti-cles and devices in compliance with the requirements ofthis section, the rules of the commissioner and all appli-cable federal and state laws, rules and regulations,including those restricting the selling or offering for saleof such materials, articles and devices only to a personholding a certificate of fitness for pyrotechnic specialeffects or a company holding a production company spe-cial effects permit.

3301.6 Reserved.

3301.7 Reserved.

3301.8 Reserved.

3301.9 Transportation. Explosives and fireworks shall betransported in accordance with Section 2707.

3301.10 Monitoring by department. Any material, operationor facility subject to the permit requirements of this chapter,including blasting operations, fireworks displays and specialeffects operations, may be monitored by representatives of thedepartment to ensure compliance with the requirements of thischapter, the rules, and the terms and conditions of the permit.Such department representatives may order the immediate dis-continuance of any storage, handling or use of explosives, fire-works or special effect materials, articles or devices in theinterest of public safety.

3301.11 Reporting of personal injury or property damage.The owner and the certificate of fitness holder responsible forthe material, operation or facility shall immediately report tothe department any accident involving the storage, handling oruse of explosives, fireworks or special effects materials, arti-cles or devices, that results in personal injury or property dam-age.

3301.12 Photography. The department may restrict the takingof photographs at locations at which high explosives are beingstored, handled and used.

SECTION FC 3302DEFINITIONS

3302.1 Definitions. The following terms shall, for the pur-poses of this chapter and as used elsewhere in this code, havethe meanings shown herein.

AIRBLAST. The airborne shock wave or acoustic transientgenerated by an explosion.

AMMONIUM NITRATE. A chemical compound repre-sented by the formula NH4NO3.

ASSISTANT BLASTER. A person holding a certificate of fit-ness for blasting assistant who is qualified to supervise explo-sives storage and handling and blasting operations, sometimesreferred to as a powder carrier, and who assists the blaster inperforming such duties.

BARRICADE. A structure or other artificial or natural barrierconstructed in connection with the storage, handling and use ofexplosives that is designed to withstand the rapid release ofenergy in an explosion and provides a shield from the impact ofthe explosion. A straight line from the top of any sidewall of abuilding containing explosives to the eave line of any magazineor other building or to a point 12 feet (3658 mm) above the cen-ter of a railway or highway shall pass through such barrier.

Artificial barricade. An artificial mound or revetment,including a barrier constructed of sandbags, with a mini-mum thickness of 3 feet (914 mm).

Natural barricade. Terrain or other natural features of theground.

BARRICADED. Protected by a barricade.

BLAST AREA. The blast site and surrounding area within theinfluence of flying rock, missiles and concussion.

BLAST SITE. The area in which explosives are being or havebeen loaded and which includes all holes loaded or to be loadedfor the same blast and a distance of 50 feet (15 240 mm) in alldirections.

BLASTER. A person holding a certificate of fitness for blast-ing operations, who is in charge of and responsible for a blast-ing operation.

BLASTING AGENT. A mixture consisting of fuel and an oxi-dizer that is used for blasting and classified by United StatesDepartment of Transportation regulations as Division 1.5, pro-vided that the finished product, as mixed for use or shipment,cannot be detonated by means of a No. 8 test detonator whenunconfined.

BLASTING CONTRACTOR CERTIFICATE. A writtenstatement issued by the commissioner to a company authoriz-ing such company to conduct blasting operations, and to beresponsible for all storage, handling, use and transportation ofexplosives in connection therewith.

BLASTING CREW. Members of a work force trained andknowledgeable in the safe storage, handling and use of explo-sives, including assistant blasters, loaders and the magazinekeepers.



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BLASTING OPERATION. The use of explosives in con-junction with construction or demolition projects or other law-ful purposes approved by the commissioner.

BULLET RESISTANT. Constructed so as to resist penetra-tion of a bullet of 150-grain M2 ball ammunition having a nom-inal muzzle velocity of 2,700 feet per second (fps) (824 mps)when fired from a 30-caliber rifle at a distance of 100 feet (30480 mm), measured perpendicular to the target.

DANGER ZONE. The area established by the blaster, includ-ing the blast area, to be cleared of all persons prior to discharg-ing explosives.

DETONATING CORD. A flexible cord containing a centercore of high explosive designed to initiate other explosiveswhen activated.

DETONATION. An exothermic reaction with explosiveeffect that utilizes shock compression as the principal heatingmechanism and generates a shock wave in the material thatestablishes and maintains a reaction that progresses throughthe material at a rate greater than the velocity of sound.

DETONATOR. A device containing any initiating or primaryexplosive used for initiating detonation that contains no morethan 154.32 grains (10 grams) of total explosives by weight,excluding ignition or delay charges. The term includes electricblasting caps of instantaneous and delay types, blasting capsfor use with safety fuses, detonating cord delay connectors, andnoninstantaneous and delay blasting caps which use detonatingcord, shock tube or any other replacement for electric leg wires.

DISCHARGE SITE. The immediate area surrounding themortars or other devices discharging fireworks for purposes ofan outdoor fireworks display.

DISPLAY SITE. The area in which an outdoor fireworks dis-play is conducted, including the discharge site, the fallout area,and the required separation distance from the discharge site tospectator viewing areas, but excluding spectator viewing areas.

EXPLOSIVE. A chemical compound, mixture or device, theprimary or common purpose of which is to function by explo-sion. The term includes, but is not limited to, dynamite, blackpowder, pellet powder, initiating explosives, detonators, safetyfuses, squibs, detonating cord, igniter cord and igniters. Theterm “explosive” includes any material determined to be withinthe scope of Chapter 40 of Title 18 of the United States Codes,and any material classified as an explosive by the hazardousmaterials regulations of the United States Department ofTransportation, as set forth in 49 CFR Section 173.52, exceptfireworks. Explosives are classified in accordance with the fol-lowing United States Department of Transportation classifica-tion and other terms in common usage:

United States Department of Transportation Class 1explosives.

Division 1.1. Explosives that present a mass explosionhazard.

Division 1.2. Explosives that present a projection hazardbut not a mass explosion hazard.

Division 1.3. Explosives that present a fire hazard andeither a minor blast hazard or a minor projection hazard,or both, but not a mass explosion hazard.

Division 1.4. Explosives that present a minor explosionhazard. The explosive effects are largely confined to thepackage and no projection of fragments of appreciablesize or range is to be expected. Such explosives are notsubject to mass explosion when exposed to fire.

Division 1.5. Explosives that present a mass explosionhazard but which are so insensitive that there is very littleprobability of initiation or of transition from burning todetonation under normal conditions of transport.

Division 1.6. Explosives consisting of extremely insen-sitive articles that that do not present a mass explosionhazard, and present a negligible probability of accidentalinitiation or propagation.

High explosive. Explosives, including dynamite, that,when detonated, are characterized by a high rate of reaction,high pressure development, and the presence of a detonationwave, and that can be caused to detonate by means of a No. 8test blasting cap, when unconfined.

Low explosive. Explosives that will burn or deflagratewhen ignited, and which are characterized by a rate of reac-tion that is less than the speed of sound, and low pressuredevelopment. Examples of low explosives include blackpowder, igniter cords, igniters, safety fuses, small armsammunition and primers, and propellants, 1.3C.

Mass-detonating explosives. Division 1.1, 1.2 and 1.5explosives that, whether individually or in combination, orloaded into ammunition or containers, explode virtuallyinstantaneously when a small portion is subjected to fire,concussion, impact, the impulse of an initiating agent, or theeffect of a considerable discharge of energy from without,with severe explosive effect, including the potential forstructural damage to adjacent objects, and explosive propa-gation to other explosives stored in proximity, such that twoor more quantities in proximity must be considered as onefor quantity-distance purposes.

FALLOUT AREA. The area over which aerial shells or otheraerial fireworks are fired and intended to combust, deflagrateor detonate, including the area into which debris and unex-ploded aerial fireworks are expected to fall given the directionand strength of the wind, and the angle or placement of themortars or other devices discharging fireworks.

FIREWORKS. An article or device that does not present amass explosion hazard, that is manufactured or used to producea visible or an audible effect for entertainment or other displaypurposes by combustion, deflagration or detonation, and thatmeets the definition of 1.4G fireworks or 1.3G fireworks as setforth herein.

Fireworks, 1.4G. Small fireworks devices, classified as UN0336 by United States Department of Transportation regu-lations, containing restricted amounts of pyrotechnic mate-rials designed primarily to produce visible or audible effectsby combustion.



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Fireworks, 1.3G. Large fireworks devices classified asUN0335 by the United States Department of Transportationregulations, intended for use in fireworks displays anddesigned to produce audible or visible effects by combus-tion, deflagration or detonation, including firecrackers con-taining more than 130 milligrams (2 grains) of explosivecomposition, aerial shells containing more than 40 grams ofpyrotechnic material, and other display pieces whichexceed the limits for classification as 1.4G fireworks.

FIREWORKS CONTRACTOR CERTIFICATE. A writtenstatement issued by the commissioner to a company authoriz-ing such company to conduct a fireworks display and to beresponsible for all storage, handling, use and transportation offireworks in connection therewith.

FIREWORKS DISPLAY. The discharge of fireworks for anoutdoors public display.

FUME CLASS 1. A classification established by the Instituteof Makers of Explosives. Explosives meeting the requirementsof this classification will provide less than 0.16 cubic feet(0.00453 m3) of poisonous gases upon detonation of 0.44pounds (200 grams) of explosive.

HIGHWAY. A public street.

INHABITED BUILDING. A building regularly occupied inwhole or in part as a habitation for human beings, or any houseof worship, school building, railroad station, store or otherstructure where people are accustomed to assemble.

JOB SITE. The construction site at which blasting operationsare being conducted, including the blast site and blast area.

LOADER. A person holding a certificate of fitness for explo-sives handling, who handles explosives and performs explo-sives loading operations.

MAGAZINE. A building, structure or container approved forstorage of explosives.

Indoor. A portable structure, such as a box, bin or other con-tainer, constructed as required for Type 2, 4 or 5 magazinesin accordance with NFPA 495, NFPA 1124 or the regula-tions of the Bureau of Alcohol, Tobacco, Firearms andExplosives of the United States Department of Justice, as setforth in 27 CFR Part 555, so as to be fire resistant and theftresistant.

Type 1. A permanent structure, such as a building or otherpermanent structure constructed in accordance with therequirements of NFPA 495, NFPA 1124, or the regulationsof the Bureau of Alcohol, Tobacco, Firearms and Explo-sives of the United States Department of Justice, as set forthin 27 CFR Part 555, that is bullet-resistant, fire-resistant,theft-resistant, weather-resistant and ventilated.

Type 2. A portable or mobile structure, such as a box,skid-magazine, trailer or semitrailer, constructed in accor-dance with NFPA 495, NFPA 1124 or the regulations of theBureau of Alcohol, Tobacco, Firearms and Explosives ofthe United States Department of Justice, as set forth in 27CFR Part 555, that is fire resistant, theft resistant, weatherresistant and ventilated, and if used outdoors, bullet resis-tant.

Type 3. A portable structure for the temporary storage ofexplosives, such as a “day box,” constructed in accordancewith NFPA 495, NFPA 1124, or the regulations of theBureau of Alcohol, Tobacco, Firearms and Explosives ofthe United States Department of Justice, as set forth in 27CFR Part 555, that is fire-resistant, theft-resistant andweather-resistant.

Type 4. A permanent, portable or mobile structure such as abuilding, box, semitrailer or other mobile container con-structed in accordance with NFPA 495, NFPA 1124, or theregulations of the Bureau of Alcohol, Tobacco, Firearmsand Explosives of the United States Department of Justice,as set forth in 27 CFR Part 555, that is fire-resistant,theft-resistant and weather-resistant.

Type 5. A permanent, portable or mobile structure such as abuilding, box, bin, tank, semitrailer, bulk trailer, tank trailer,bulk truck, tank truck or other mobile container constructedin accordance with NFPA 495, NFPA 1124, or the regula-tions of the Bureau of Alcohol, Tobacco, Firearms andExplosives of the United States Department of Justice, as setforth in 27 CFR Part 555, that is theft resistant.

MAGAZINE KEEPER. A person holding a certificate of fit-ness for explosives storage who is in charge of and responsiblefor the storage and handling of explosives in an explosivesmagazine.

MINIMUM SECURED RADIUS. A minimum separationdistance based on the size of the largest fireworks shell to beused in the display.

MORTAR. A tube or similar device in which fireworks, shellsor other aerial fireworks are directed and discharged into theair.

MUCKING. The removal, usually by heavy machinery, ofdebris or other broken material resulting from a blast.

NET EXPLOSIVE WEIGHT (net weight). The weight of anexplosive expressed in pounds, representing the aggregateamount of explosives contained within a building or structure,including a magazine, used to establish quantity-distance rela-tionships.

PRIMER. A unit, package or cartridge of explosives, includ-ing a detonator or detonator/detonating cord combination, thatis used to initiate a main charge of explosives or blastingagents.

PROTECTED EXPOSURE. Any premises, building, struc-ture, facility, installation, street, railway, natural feature orother thing or place determined by the department to requireprotection from a fireworks display by reason of its proximityto the discharge site and the fallout area and the risk of resultingharm from aerial or other fireworks.

PROXIMATE AUDIENCE. An audience closer to pyrotech-nic devices than permitted by NFPA 1123.

PYROTECHNIC ARTICLE OR DEVICE. Any article ordevice containing a pyrotechnic material.

PYROTECHNIC MATERIAL. A chemical mixture consist-ing predominantly of solids that, upon ignition, are capable ofproducing a controlled, self-sustaining, and self-contained



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exothermic reaction, that functions without external oxygen,resulting in a visible or audible effect by combustion, deflagra-tion, or detonation.

PYROTECHNIC SUPPLIER CERTIFICATE. A writtenstatement issued by the commissioner to a company authoriz-ing such company to engage in the business of selling any pyro-technic material, article or device designed for the purpose ofcreating a special effect.

RAILWAY. A subway, railroad, railway or other similar meansof transportation.

READY BOX. A container with a self-closing cover that is of amaterial and construction sufficient to protect fireworks fromburning debris and from precipitation or other weather condi-tions. A tarpaulin structure shall not be deemed sufficient foruse as a ready box.

SEPARATION DISTANCE. The distance that is to be main-tained during the fireworks display from the outer perimeter ofthe discharge area to each viewing area or protected area. Theseparation distance represents the distance determined by thedepartment to be necessary and sufficient to secure viewingareas and protected areas from hazards associated with a fire-works display, including but not limited to blast, fire, falloutand noise hazards.

SMALL ARMS AMMUNITION. A shotgun, rifle or pistolcartridge, and any cartridge for propellant-actuated devices,excluding ammunition containing bursting charges or incendi-ary, trace, spotting or pyrotechnic projectiles.

SMALL ARMS AMMUNITION PRIMERS. Small percus-sion-sensitive explosive charges, encased in a cap, used toignite propellant powder.

SMOKELESS PROPELLANTS. Solid propellants, com-monly referred to as smokeless powders, used in small armsammunition, cannons, rockets, propellant-actuated devicesand similar articles.

SPECIAL EFFECT. A visible or audible effect used for enter-tainment or other display purposes, created by any material,article or device of an explosive, flammable or combustiblenature, including pyrotechnic materials, articles and devicesand fireworks, 1.4G, but excluding fireworks, 1.3G.

SPECIAL INDUSTRIAL EXPLOSIVE DEVICE. Anexplosive power pack containing an explosive charge in theform of a cartridge or construction device, including, but notlimited to, explosive rivets, explosive bolts, explosive chargesfor driving pins or studs, cartridges for explosive-actuatedpower tools and charges of explosives used in automotive airbag inflators, jet tapping of open hearth furnaces and jet perfo-ration of oil well casings.

SPONSOR. The person that has retained a fireworks contrac-tor to conduct a fireworks display, and to whom the fireworksdisplay permit is issued.

TNT EQUIVALENT. A measurement of the quantity of anexplosive calculated by reference to the quantity of trinitrotolu-ene that contains the equivalent explosive energy.

THEFT RESISTANT. Construction designed to deter unau-thorized entry into magazines or other explosives storage facil-ities, so as to prevent unauthorized access to stored explosives.

VENDOR. Any person engaged in the transportation and stor-age of explosives in connection with the sale of such explosivesfor blasting operations.

VIEWING AREA. Areas designated for viewing a fireworksdisplay, to which spectators are restricted.

SECTION FC 3303EXPLOSIVES RECORDKEEPING AND REPORTING

3303.1 General. Records shall be maintained of the storage,handling and use of high explosives, detonators, blastingagents, emulsion explosives, including the receipt and disposalof such explosives and the reporting of accidents, loss or theftof explosives, or unauthorized activities in accordance withthis section.

3303.2 Transaction record. Vendors of high explosives andblasting contractors shall maintain, on forms prescribed by thecommissioner, a record of all transactions involving thereceipt, removal, use or disposal of high explosives, includingthe date and time, name and certificate of fitness number of themagazine keeper, type of high explosives, total amounts depos-ited and withdrawn, and department serial numbers. Theserecords shall be signed by the blaster, assistant blaster and mag-azine keeper. Such records shall be maintained for a period of 5years, and submitted to the department in accordance withdepartment procedures.

3303.2.1 Records of vendors. Vendors of high explosivesshall maintain the following records:

1. A weekly record of high explosives delivered fromoutside New York City to any vendor facility locatedwithin New York City.

2. A daily record of high explosives removed from avendor’s facility, delivered to and/or returned from ajob site.

3. A daily record of high explosives delivered in andremoved from an explosives vehicle at each job site.

3303.2.2 Records of blasting contractors. Blasting con-tractors shall maintain the following records:

1. A daily record of high explosives, including thedepartment’s serial number codes, delivered by avendor to each job site.

2. A daily record of high explosives, including thedepartment’s serial number codes, received at andremoved from each job site magazine.

3. A daily shot record indicating the amount of highexplosives received from job site magazines, the dateand time of each blast, the amount of high explosivesused and the disposition of any unused high explo-sives.



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3303.2.3 Submission to the department. The followingrecords shall be submitted to the department on a dailybasis:

1. A magazine inventory slip with an entry for each shiftindicating the quantity and condition of the highexplosives stored therein.

2. A daily shot record.

3. Central station company documentation of each entryinto a Class I magazine, when such monitoring isrequired by this chapter.

3303.3 Loss, theft or unauthorized removal. The loss, theftor unauthorized removal of blasting agents, detonators, emul-sion explosives or high explosives from a magazine or permit-ted facility shall be reported to the department, and all other lawenforcement authorities requiring such reporting, including theUnited States Federal Bureau of Investigation and Bureau ofAlcohol, Tobacco, Firearms and Explosives, immediatelyupon discovery of such loss, theft or unauthorized removal.

3303.4 Reserved.

3303.5 Misfires. The blaster shall keep a record of all chargesthat fail to detonate.

3303.6 Hazard communication. Vendors shall maintainrecords of chemicals, chemical compounds and mixturesrequired by the United States Department of Labor regulationsas set forth in 29 CFR Section 1910.1200.

3303.7 Safety rules. Safety rules covering the operation ofmagazines, as described in Section 3304.7, shall be posted onthe interior of the magazine in a visible location.

3303.8 Marking of explosives for blasting. Explosives to bestored, handled, used, transported or sold for blasting purposesshall be marked in accordance with Sections 3308.1 through3308.4.

3303.8.1 High explosives. High explosives packaging shallbe conspicuously marked with:

1. The manufacturer’s name, brand name, date shiftcode, and classification code.

2. The words “HIGH EXPLOSIVES – DANGER-OUS – HANDLE CAREFULLY” on the top.

3. The actual number of cartridges within the package,cartridge dimensions, the case weight and any storageinstructions.

4. The department’s ten-digit serial number code.

3303.8.2 High explosives cartridges. High explosive car-tridges, sticks, tubes, wrappers, bags, casts, or other formsof packaged high explosives shall be of vermillion in color,unless otherwise approved, and marked with:

1. The manufacturer’s name, date shift code and brandof explosive.

2. The words “HIGH EXPLOSIVES – DANGER-OUS – HANDLE CAREFULLY.”

3. The department’s ten-digit serial number code onboth ends of the cartridge.

3303.8.3 Detonator packaging. Detonator packaging shallbe marked with:

1. The manufacturer’s name, brand name and date shiftcode.

2. The words “DETONATORS – DANGEROUS –HANDLE CAREFULLY” on two sides.

3. The actual number of detonators in the package, or thenumber of packages and detonators per package.

4. The department’s two-letter, three-digit serial num-bers for each detonator or package of detonators con-tained therein. The first package shall be designatedas AA 001 and each subsequent package numberedconsecutively as AA 002 through AA 999. The sec-ond sequence shall begin with AB 001 and shall con-tinue in the same alpha-numeric fashion forsubsequent packages.

5. For tunnel blasting, the contractor’s name and the jobsite location, or an approved abbreviation, shall beused.

3303.8.4 Individual detonators. Individual detonatorsshall be marked with:

1. A shell, band or tag with the manufacturer’s name andbrand name.

2. The words “EXPLOSIVES – DANGEROUS –DETONATOR” or “EXPLOSIVES – DANGER-OUS – BLASTING CAP,” as applicable, on theshell, band or tag.

3. A tag or sticker bearing the department’s two-let-ter/three-digit serial number, the delay period, anddate shift code.

SECTION FC 3304EXPLOSIVES STORAGE AND HANDLING

3304.1 General. All explosives, including black powder, pro-pellant-actuated cartridges, small arms ammunition and prim-ers, and smokeless propellants, shall be stored, handled, usedand sold in accordance with this chapter and NFPA 495.Unclassified detonable organic peroxide, detonablepyrophoric materials, detonable unstable (reactive) materialsand detonable water-reactive materials shall additionally com-ply with the requirements of other chapters of this code appli-cable to such materials.

3304.1.1 Calculation of quantity of explosives. The quan-tity of explosives stored at any location and the distancefrom such storage to protected exposures shall be in accor-dance with the quantity-distance tables in Section 3304.5.The net explosive weight of the explosives shall be deter-mined in accordance with Sections 3304.1.1.1 through3304.1.1.6.

3304.1.1.1 Mass explosion hazard explosives. ForDivision 1.1, 1.2 or 1.5 explosives, the total net explosiveweight of all such explosives, or the TNT equivalent,shall be used for purposes of quantity-distance require-ments in accordance with Table 3304.5.2(2).



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3304.1.1.2 Non-mass explosion hazard explosives,except Division 1.4.

1. For Division 1.3 propellants, the total weight of thepropellants alone shall be the net explosive weightfor purposes of quantity-distance requirements inaccordance with Table 3304.5.2(3).

2. The sum of the net weights of metal powders andpyrotechnic materials shall be the net explosiveweight for purposes of quantity-distance require-ments in accordance with Table 3304.5.2(3).

3304.1.1.3 Combination of mass explosion hazardand non-mass explosion hazard explosives, exceptDivision 1.4.

1. When Division 1.1 and 1.2 explosives are locatedin the same site, determine the distance for the totalquantity considered first as if the total quantitywere in Division 1.1 and then as if the total quan-tity were in Division 1.2. The required distance isthe greater of the two. When the Division 1.1requirements are controlling and the TNT equiva-lent of the Division 1.2 explosive is known, theTNT equivalent weight of the Division 1.2 explo-sives shall be added to the total explosive weight ofDivision 1.1 explosives to determine the net explo-sive weight for the Division 1.1 distance determi-nation, for purposes of quantity-distancerequirements in accordance with Table3304.5.2(2).

2. When Division 1.1 and 1.3 explosives are locatedin the same site, determine the distances for thetotal quantity considered first as if the total quan-tity were in Division 1.1 and then as if the totalquantity were in Division 1.3. The required dis-tance is the greater of the two. When the Division1.1 requirements are controlling and the TNTequivalent of the Division 1.3 explosives isknown, the TNT equivalent weight of the Division1.3 explosives shall be added to the total explosiveweight of Division 1.1 explosives to determine thenet explosive weight for the Division 1.1 distancedetermination, for purposes of quantity-distancerequirements in accordance with Table3304.5.2(2) or 3304.5.2 (3), as appropriate.

3. When Division 1.1, 1.2 and 1.3 explosives arelocated in the same site, determine the distancesfor the total quantity considered first as if the totalquantity were in Division 1.1, next as if the totalquantity were in Division 1.2 and finally as if thetotal quantity were in Division 1.3. The requireddistance is the greatest of the three. When the Divi-sion 1.1 requirements are controlling and the TNTequivalent of the Division 1.2 and Division 1.3explosives are known, the TNT equivalent weightof the Division 1.2 and Division 1.3 explosivesshall be added to the total explosive weight ofDivision 1.1 explosives to determine the net explo-sive weight for the Division 1.1 distance determi-nation, for purposes of quantity-distance

requirements in accordance with Table3304.5.2(2).

4. For any composite pyrotechnic material and Divi-sion 1.1 or Division 1.3 explosives, the sum of thenet weights of the pyrotechnic material and theexplosives shall be used for the distance determi-nation, for purposes of quantity-distance require-ments in accordance with Tables 3304.5.2 (2) and3304.5.2 (3).

3304.1.1.4 Division 1.4 explosives. For Division 1.4explosives, the total weight of the explosive alone is thenet weight for the distance determination, for purposesof quantity-distance requirements in accordance withTable 3304.5.2 (4).

3304.1.1.5 Detonating cord. Detonating cord of 50grains per foot shall be calculated as equivalent to 8pounds (4 kg) of high explosives per 1,000 feet (305 m),for purposes of quantity-distance requirements. Heavieror lighter core loads shall be rated proportionally.

3304.1.1.6 Detonators. All types of detonators instrengths through No. 8 cap shall be rated at 1.5 pounds(0.68 kg) of explosives per 1,000 caps, for purposes ofquantity-distance requirements. Detonators in strengthshigher than No. 8 cap shall be rated as prescribed by themanufacturer.

3304.2 Storage facility locations. High explosives may onlybe stored for use in blasting operations conducted in New YorkCity, and only in a magazine or other approved storage facilityat a vendor’s facility or job site. High explosives to be used inNew York City shall first be delivered to a vendor’s facilitylocated within New York City. Thereafter, high explosives maybe transported from such vendor’s facility to approved storagefacilities at job sites located in New York City. No explosivesshall be delivered to any job site without the prior authorizationof the Department. The commissioner shall promulgate rulesgoverning the delivery and removal of explosives to and fromthe job site.

3304.3 Magazines. The storage of explosives in magazinesshall comply with the requirements of Sections 3304.3.1through 3304.3.4.1 and Table 3304.3. Explosives shall bestored in magazines constructed, installed, operated and main-tained in accordance with the requirements of this section,NFPA 495, NFPA 1124 and, except for portable or mobilemagazines not exceeding 120 square feet (11 m2) in area, theconstruction codes including the Building Code.

3304.3.1 High explosives. Explosives classified as Divi-sion 1.1 or 1.2 shall be stored in Type 1, 2 or 3 magazines.

Exceptions:

1. Black powder shall be stored in a Type 1, 2, 3 or 4magazine.

2. Cap-sensitive explosives that are demonstratednot to be bullet sensitive shall be stored in a Type 1,2, 3, 4 or 5 magazine.

3304.3.1.1 Barricades. All magazines storing highexplosives shall be barricaded in an approved manner.



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3304.3.1.2 Classes of high explosives magazines. Mag-azines for high explosives shall be classified based uponthe maximum quantity of high explosives stored as fol-lows:

1. First class magazines. High explosives magazinescontaining not more than 1,000 pounds (454 kg) ofexplosives.

2. Second class magazines. High explosives maga-zines containing not more than 500 pounds (227kg) of explosives.

3. Third class magazines. High explosives maga-zines containing not more than 250 pounds (113.5kg) of explosives.

3304.3.1.3 Detonator magazines. No more than 20,000detonators may be stored in a single magazine. Only firstclass magazines may be used for storage of 1,000 detona-tors or more.

3304.3.2 Low explosives. Explosives that are not cap sensi-tive shall be stored in a Type 1, 2, 3, 4 or 5 magazine.

3304.3.3 Reserved.

3304.3.4 Access. The owner or operator of a magazine shallrestrict access to the magazine and only allow entry by theblaster and magazine keeper and other blasting contractorpersonnel or vendor personnel whose responsibilities inconnection with the storage, handling, use or transportationof explosives require that they enter the magazine. Access tothe keys to the magazine shall be restricted to the blaster andthe magazine keeper. The department may restrict the per-sonnel authorized to enter the magazine for purposes ofensuring compliance with the requirements of this section.This provision shall not be construed to restrict departmentaccess to magazines.

3304.4 Prohibited storage. Detonators shall be stored in aseparate magazine that does not contain other explosives.Black powder, blasting powder, and smokeless propellant shall

be stored in a separate magazine that does not contain detona-tors or other explosives.

3304.5 Location. Magazines for storage of explosives shall bemaintained and operated in accordance with Sections 3304.5.1through 3304.5.3.3.

3304.5.1 Indoor magazines. It shall be unlawful to main-tain or operate a magazine indoors for the storage of Divi-sion 1.1 explosives. Indoor magazines may be maintainedand operated for the storage of explosives, other than thoseclassified as Division 1.1, in accordance with this section.

3304.5.1.1 Occupancies. Indoor magazines for storageof explosives shall be maintained and operated only inGroup F, H, M or S occupancies, when approved. It shallbe unlawful to maintain or operate an indoor magazine inany building containing a Group R occupancy.

3304.5.1.2 Construction. Indoor magazines shall bedesigned and installed in compliance with the followingrequirements:

1. The magazine shall be fire resistant and theft resis-tant.

2. The exterior of the magazine shall be painted red.

3. The base of the magazine shall be fitted withwheels, casters or rollers to facilitate removal fromthe building in an emergency.

4. The lid or door of the magazine shall be markedwith conspicuous white lettering not less than 3inches (76 mm) high and minimum 0.5 inch (12.7mm) stroke, reading EXPLOSIVES — KEEPFIRE AWAY — NO SMOKING.

5. The least horizontal dimension of the magazineshall not exceed the clear width of the entrancedoor.

3304.5.1.3 Quantity limit. Not more than 50 pounds (23kg) of explosives shall be stored in an indoor magazine.



TABLE 3304.3STORAGE AMOUNTS AND MAGAZINE REQUIREMENTS FOR EXPLOSIVES MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA

NEW UN/DOTn

DIVISIONOLD DOTn

CLASSATF/OSHA

CLASS

INDOORa (pounds)

OUTDOORS(pounds)

MAGAZINE TYPE ALLOWED

Unprotected Cabinet SprinklersSprinklers& cabinet 1 2 3 4 5

1.1 A High 0 0 0 0 0 X X X — —

1.2 A High 0 0 1 2 0 X X X — —

1.2 B Low 0 0 1 2 0 X X X X —

1.3b B Low 0 0 5 10 0 X X X X —

1.4 B Low 0 0 50 100 0 X X X X —

1.5 C Low 0 0 1 2 0 X X X X —

1.5 BlastingAgent

BlastingAgent 0 0 1 2 0 X X X X X

1.6 N/A N/A 0 0 1 2 0 X X X X X

For SI: 1 pound = 0.454 kg, 1 pound per gallon = 0.12 kg per liter, 1 ounce = 28.35 g.a. A factor of 10 pounds per gallon shall be used for converting pounds (solid) to gallons (liquid) in accordance with Section 2703.1.2.b. Black powder shall be stored in a Type 1, 2, 3 or 4 magazine as provided for in Section 3304.3.1.

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3304.5.1.4 Reserved.

3304.5.1.5 Location. Indoor magazines shall be locatedwithin 10 feet (3048 mm) of a means of egress and onlyon floors at or having ramp access to the outdoors atgrade level.

3304.5.1.6 Limitation on number. Only one indoormagazine shall be maintained or operated in a singlebuilding or structure.

3304.5.2 Outdoor magazines. Outdoor magazines shall bemaintained and operated in accordance with this section.

3304.5.2.1 Location. All outdoor magazines, other thanType 3 magazines, shall be located so as to be in accor-dance with Table 3304.5.2(2), Table 3304.5.2(3) orTable 3304.5.2(4) as set forth in Table 3304.5.2(1).

3304.5.2.2 Detonator storage. Magazines storing deto-nators shall be located 100 feet (30 480 mm)2 from maga-zines storing high explosives, except that where themagazine is barricaded, the distance between magazinesmay be reduced as set forth in Table 3304.5.2(2).

3304.5.2.3 Tunnel or under-decking. When a suitableaboveground storage site is unavailable, barricaded mag-azines, located in the excavation below decking in com-pliance with the distance requirements as set forth inTable 3304.5.2(2), may be approved. The blasting con-tractor for the job site shall submit to the department aplan detailing the load carrying capacity of the deckingabove the magazine location. For deep undergroundexcavations, the use of a gated coyote hole with over-night storage may be approved for a magazine that isconstructed to first class magazine requirements.

3304.5.3 Additional requirements for Type 3 magazines.Type 3 magazines shall comply with the requirements ofSections 3304.5.3.1 through 3304.5.3.3.

3304.5.3.1 Location. Wherever practicable, Type 3magazines shall be located away from neighboringinhabited buildings, railways, public streets, and other

magazines in accordance with Table 3304.5.2(2),3304.5.2(3) or 3304.5.2(4) as applicable.

3304.5.3.1.1 Detonator storage. Upon a determina-tion by the commissioner that the interest of publicsafety warrants such measures, magazines storingdetonators shall be located 100 feet (30 480 mm)2

from other magazines storing high explosives, exceptthat if the magazines are separated by a barricade, thedistance between magazines may be reduced as setforth in Table 3304.5.2(2).

3304.5.3.1.2. Drill boats. Upon a determination bythe commissioner that the interest of public safetywarrants such measures, detonator magazines on drillboats shall be located 100 feet (30 480 mm)2 fromother magazines storing high explosives.

3304.5.3.2 Storage of explosives. Explosives shall beremoved from Type 3 magazines to appropriate storagemagazines at the end of the work day.

3304.5.3.3 Limitation on number. Not more than twoType 3 magazines shall be located at the same blast site.Where two Type 3 magazines are located at the sameblast site, one magazine shall be used solely for the stor-age of detonators.

3304.6 Installation. Magazines shall be designed and installedin accordance with Sections 3304.6.1 through 3304.6.8.

3304.6.1 Drainage. The ground around a magazine shall begraded so that water drains away from the magazine.

3304.6.2 Heating. Magazines requiring heat shall be heatedas prescribed in NFPA 495 by either hot water radiant heat-ing within the magazine or by indirect warm air heating.

3304.6.3 Lighting. All electric lights, electric safety flash-lights or electric safety lanterns used in a magazine shall belisted as intrinsically safe or otherwise suitable for use inhazardous locations and shall comply with the requirementsof NFPA 495.



TABLE 3304.5.2(1)APPLICATION OF SEPARATION DISTANCE TABLEa

DOTn DIVISION

AMERICAN TABLE OF DISTANCES FORSTORAGE OF EXPLOSIVES 3304.5.2(2)

(DOJ 27 CFR Part 555.218)

TABLE OF SEPARATION DISTANCESFOR LOW EXPLOSIVES 3304.5.2(3)

(DOJ 27 CFR Part 555.219)

TABLE OF DISTANCES FOR OUTDOORMAGAZINES OR BUILDINGS

CONTAINING EXPLOSIVES DIVISION 1.43304.5.2(4)

1.1 X — —

1.2 X — —

1.3 — X —

1.4G or 1.4S — — X

1.4B or 1.4S detonators — — X

1.5 X — —

1.6 Not Applicable Not Applicable Not Applicable

a. Where adjacent magazines contain different classes of explosives the separation between magazines shall be as prescribed by Table 3304.5.2(2).

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TABLE 3304.5.2(2)AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES (AS REVISED JUNE 1991)a

QUANTITY OF EXPLOSIVESb, e5

DISTANCES IN FEET

Inhabited buildings

Public highways with trafficvolume less than 3,000

vehicles per day

Public highways with trafficvolume greater than 3,000

vehicles per day andpassenger railways Separation of magazinesd

Pounds over Pounds not over Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded

05

102030

510203040

7090110125140

140180220250280

3035455055

607090100110

51648193103

102128162186206

68101112

1216202224

405075

100125

5075100125150

150170190200215

300340380400430

6070758085

120140150160170

110127139150159

220254278300318

1415161819

2830323638

150200250300400

200250300400500

235255270295320

470510540590640

95105110120130

190210220240260

175189201221238

350378402442476

2123242729

4246485458

500600700800900

600700800900

1,000

240355375390400

480710750780800

135145150155160

270290300310320

253266278289300

506532556578600

3132333536

6264667072

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.a. This table applies to the storage of explosives, except for temporary storage incidental to transportation.b. Storage of explosives in a quantity exceeding 1,000 pounds in one magazine is prohibited.c. Reserved.d. Where two or more storage magazines are located on the same property, each magazine shall comply with the minimum distance specified from inhabited build-

ings, railways and highways, and, in addition, they should be separated from each other by not less than the distances shown for separation of magazines, exceptthat the quantity of explosives in detonator magazines shall govern in regard to the spacing of said detonator magazines from magazines containing other explo-sives. Where any two or more magazines are separated from each other by less than the specified separation of magazine distances, then two or more such maga-zines, as a group, shall be considered as one magazine, and the total quantity of explosives stored in such group shall be treated as if stored in a single magazinelocated on the site of any magazine in the group and shall comply with the minimum distances specified from other magazines, inhabited buildings, railways andhighways.

e. The quantity of explosives refers to pounds of trinitrotoluene (TNT), or for other type explosives, the quantity of TNT with the equivalent explosive energy.

TABLE 3304.5.2(3)TABLE OF DISTANCES FOR OUTDOOR MAGAZINES OR

BUILDINGS CONTAINING EXPLOSIVES—DIVISION 1.3—MASS-FIRE HAZARDa,b,c

QUANTITY OF DIVISION 1.3 EXPLOSIVES DISTANCES IN FEET

Pounds over Pounds not over Inhabited buildings, railways and public highways Magazines

0 1,000 75 50

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.a. Black powder, when stored in magazines, is defined as low explosive by the Bureau of Alcohol, Tobacco and Firearms (BATF).b. For quantities less than 1,000 pounds, the required distances are those specified for 1,000 pounds. The commissioner may authorize storage of such explosives in

quantities less than 1000 pounds at lesser distances from protected exposures.c. No more than 50 pounds of explosives may be stored in a building.

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3304.6.4 Nonsparking materials. It shall be unlawful tomaintain or operate a magazine, other than a Type 5 maga-zine, with exposed ferrous metal on any interior surface.

3304.6.5 Warning signs. Any premises upon which explo-sives are stored in magazines shall have signs posted in accor-dance with Sections 3304.6.5.1 and 3304.6.5.2. Signs shallbe durable, weather resistant and of contrasting colors with aminimum letter height of 3 inches (76 mm) with a minimumbrush stroke of 0.5 inch (12.7 mm).

3304.6.5.1 Job sites. The owner shall conspicuously poston the exterior of the construction fence or other exteriorwall of the premises the following sign at approved loca-tions:

DANGER!NEVER FIGHT EXPLOSIVES FIRES—CALL 911.

EXPLOSIVES ARE STORED ON THIS SITE

3304.6.5.2 Vendor facilities. Signs complying with therequirements of Section 3304.6.5.1 shall be conspicu-ously posted at approved locations at vendor facilities.

3304.6.5.3 Placards. Type 5 magazines containing Divi-sion 1.5 blasting agents shall be prominently placarded asrequired during transportation by the regulations of theUnited States Department of Transportation, as set forth in49 CFR Part 172 and the regulations of the Bureau ofAlcohol, Tobacco, Firearms and Explosives of the UnitedStates Department of Justice, as set forth in 27 CFR Part555.

3304.6.6 Security for magazines at vendor facilities. Ven-dor magazines shall be provided with the following securitymeasures:

1. A magazine keeper shall be present on the premisesand continuously monitor the magazine at all times.

2. A suitable shelter for the magazine keeper shall be pro-vided.

3. The magazine and surrounding area shall be illumi-nated at night.

4. A dedicated, non-coin-operated telephone shall beprovided inside the shelter for the use of the maga-zine keeper.

5. A door alarm and holdup alarm, monitored by anapproved central station company, shall be pro-vided. The central station company shall not havethe capability to shut off the alarms. The central sta-tion shall:

5.1. Record all openings and closings of the mag-azine doors.

5.2. Notify the department of any unusual occur-rences and outages.

5.3. Provide written procedures concerning theopening and closing of magazine doors.

6. An audible and visible alarm system shall be pro-vided that is activated by opening the magazinedoor, and that is continuously monitored at anapproved location on the premises.

7. A local perimeter intrusion alarm shall be providedthat is capable of being deactivated during normaldelivery hours.

8. First class magazines shall additionally comply withthe following installation requirements:

8.1. Circuits used for the doors and holdup alarmshall be dedicated and use fire alarm wiringand wiring methods as set forth in the con-struction codes, including the Building Codeand the Electrical Code. The door andholdup alarm shall use an approved trans-mitter, operate on alternating current, beprovided with battery backup, and be moni-tored by an approved central station com-pany. There shall be no control on thepremises for shutting down the alarm trans-mission to the central station company otherthan disconnecting all power to the alarmsystem.



TABLE 3304.5.2(4)TABLE OF DISTANCES FOR OUTDOOR MAGAZINES OR BUILDINGS CONTAINING EXPLOSIVES - DIVISION 1.4c,d

QUANTITY OF DIVISION 1.4 EXPLOSIVES DISTANCES IN FEET

Pounds Over Pounds Not Over From Inhabited BuildingFrom Public Railroad

and HighwayFrom Aboveground Magazine

and Operating Buildingsa, b

50 1000 100 100 50

For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.a. A separation distance of 100 feet is required for buildings of other than Type I or Type II construction as defined in the Building Code.b. For earth-covered magazines, no specified separation is required.

(1) Earth cover material used for magazines shall be relatively cohesive. Solid or wet clay and similar types of soil are to cohesive and shall not be used. Soil shallbe free from unsanitary organic matter, trash, debris and stones heavier than 10 pounds or larger than 6 inches in diameter. Compaction and surface prepara-tion shall be provided, as necessary, to maintain structural integrity and avoid erosion. Where cohesive material cannot be used, as in sandy soil, the earthcover over magazines shall be finished with a suitable material to ensure structural integrity.

(2) The earth fill or earth cover between earth-covered magazines shall be either solid or sloped, in accordance with the requirements of other construction fea-tures, but a minimum of 2 feet of earth cover shall be maintained over the top of each magazines. To reduce erosion and facilitate maintenance operations, thecover shall have a slope of 2 horizontal to 1 vertical.

c. Restricted to articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tobacco and Firearms regulations,or unpacked articles used in process operations that do not propagate a detonation of deflagration between articles.

d. No more than 50 pounds of explosives may be stored in a building.

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8.2. Electrical wiring on the premises from themagazine doors to the central station com-pany and the magazine keeper’s shelter shallbe protected by rigid conduit. Overhead wir-ing shall use a weatherhead fitting and have aminimum 15 feet (4572 mm) clearance fromthe ground. Underground wiring shall be pro-tected in galvanized conduit, buried at a mini-mum depth of 18 inches (457 mm)2 or 12inches (305 mm) deep with 6 inches (152mm)2 concrete cover.

8.3. Overhead telephone lines feeding the maga-zine keeper’s shelter shall be protected for adistance of 15 feet (4572 mm) in height by aconduit service pipe suitably braced for strain.Underground telephone lines shall be pro-tected in galvanized conduit, buried 18 inches(457 mm)2 minimum or 12 inches (305 mm)2

deep with 6 inches (152 mm)2 concrete cover.

3304.6.7 Security for magazines. All first class magazinesat job sites and all other magazines storing high explosivesovernight shall comply with the requirements of Section3304.6.6.

3304.6.8 Magazine cars. Approved magazine cars shall beused to transport explosives through tunnels to workingheadings.

3304.7 Operation. Magazines shall be operated in accordancewith Sections 3304.7.1 through 3304.7.9.

3304.7.1 Security. Magazines shall be kept locked and oth-erwise secured in the manner prescribed in NFPA 495 at alltimes except during delivery or removal of explosives orduring inspection.

3304.7.2 Open flames and lights. Smoking, matches, hotwork, flame-producing devices, open flames, firearms andfirearms cartridges shall not be permitted inside of or within100 feet (30 480 mm) of portable or permanent magazinesin which explosives are stored.

3304.7.2.1 Capping and primers. no cartridge shall becapped or primer readied within 100 feet (30 480 mm) ofa magazine.

3304.7.3 Vegetation and combustible waste. The arealocated around a magazine shall be kept clear of brush,grass, vines, weeds, rubbish and other combustible wastefor a distance of 25 feet (7620 mm).

3304.7.4 Combustible material storage. Combustiblematerials shall not be stored within 100 feet (30 480 mm) ofmagazines.

3304.7.5 Unpacking and repacking explosives. Contain-ers of explosives, except fiberboard containers, and pack-ages of damaged or deteriorated explosives shall not beunpacked or repacked inside or within 50 feet (15 240 mm)of a magazine or in close proximity to other explosives.

3304.7.5.1 Storage of opened packages. Packages ofexplosives that have been opened shall be closed beforebeing placed in a magazine.

3304.7.5.2 Nonsparking tools. Tools used for the open-ing and closing of packages of explosives, other thanmetal slitters for opening paper, plastic or fiberboardcontainers, shall be made of nonsparking materials.

3304.7.5.3 Disposal of packaging. Empty containersand paper and fiber packaging materials that previouslycontained explosives shall be disposed of or reused in aapproved manner.

3304.7.6 Tools and equipment. Metal tools, other thannonferrous transfer conveyors and ferrous metal conveyorstands protected by a coat of paint, shall not be stored orused in a magazine containing explosives.

3304.7.7 Contents. Magazines shall be used exclusively forthe storage of explosives.

3304.7.8 Compatibility. Corresponding grades and brandsof explosives shall be stored together and in such a mannerthat the grade and brand marks are visible. The inventory ofexplosives shall be stored in a manner that allows readyaccess for counting and checking its condition. Packages ofexplosives shall be stacked in a stable manner not exceeding8 feet (2438 mm) in height.

3304.7.9 Stock rotation. When explosives are removedfrom a magazine for use, the oldest usable stock shall beremoved first.

3304.8 Maintenance. Maintenance of magazines shall complywith the requirements of Sections 3304.8.1 through 3304.8.3.

3304.8.1 Housekeeping. Magazine floors shall be regularlyswept and be kept clean, dry and free of grit, paper, emptypackages and rubbish. Brooms and other cleaning utensilsshall not have any spark-producing metal parts. Sweepingsfrom magazine floors shall be removed from the premisesand disposed of lawfully.

3304.8.2 Repairs. Explosives shall be removed from themagazine before repairs are made to the interior of a maga-zine. Explosives shall be removed from the magazine beforerepairs are made to the exterior of the magazine when thereis a possibility of causing a fire. Explosives removed from amagazine under repair shall either be placed in another mag-azine or placed a safe distance from the magazine, wherethey shall be properly guarded and protected until repairshave been completed. Upon completion of repairs, theexplosives shall be promptly returned to the magazine.Floors shall be cleaned before and after repairs. Under nocircumstances shall explosives be stored outside the maga-zine overnight.

3304.8.3 Floors. Magazine floors stained with liquid fromexplosives shall be cleaned or replaced in accordance withthe explosives manufacturer instructions.

3304.9 Inspection. Magazines storing explosives shall beopened and inspected daily. The magazine keeper shall lockand otherwise secure the magazine from unauthorized entryand its contents from unauthorized access; receive and dis-pense explosives; and maintain complete and accurate recordsof the explosives received and dispensed. At the beginning andend of each work shift, the magazine keeper shall visuallyinspect and verify the quantity and condition of the explosives



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in the magazine, determine whether there has been an unautho-rized or attempted entry into the magazine or an unauthorizedremoval, and document same at the end of each work shift bysigning an inventory slip in the presence of the succeedingmagazine keeper. The magazine keeper shall personally super-vise the unloading and loading of vehicles delivering explo-sives to the magazine or removing explosives therefrom.

3304.10 Disposal of explosives. Explosives shall be disposedof in accordance with Sections 3304.10.1 through 3304.10.5.

3304.10.1 Notification. The department shall be notifiedimmediately when explosives are determined to be deterio-rated or leaking or otherwise unstable or in need of disposal.

3304.10.2 Deteriorated explosives. When an explosive hasdeteriorated to an extent that it is in an unstable or dangerouscondition, or when a liquid has leaked from an explosive,the person in possession of such explosives shall immedi-ately contact the manufacturer to obtain handling and dis-posal instructions.

3304.10.3 Destruction of explosives. Unused explosivesmay be destroyed at the job site only when approved. Whenapproved, such destruction of explosives shall be conductedby a qualified person at an approved location under thesupervision of department representatives. It shall beunlawful to dispose of explosives by burning.

3304.10.4 Storage of misfires. Explosives that fail to deto-nate during blasting operations shall be handled in accor-dance with Section 3307.15 and other approved proceduresuntil the blaster has determined the proper method for dis-posal in consultation with the department.

3304.10.5 Unused high explosives. High explosives instorage at a job site at the completion of blasting operations,or which are not otherwise to be used at the job site, shall beremoved from the job site and transported to a vendor’sfacility. The vendor may store and supply for use unopenedcases of high explosives. The vendor may not supply opencases of high explosives for use unless the explosives arepackaged in an approved manner, and their condition certi-fied in writing in an approved manner by the magazinekeeper previously responsible for their storage.

SECTION FC 3305RESERVED

SECTION FC 3306STORAGE OF SMALL ARMS AMMUNITION ANDPRIMERS, BLACK POWDER AND SMOKELESS

PROPELLANTS3306.1 General. Indoor storage and display of small armsammunition, black powder and smokeless propellants shallcomply with the requirements of this section and NFPA 495.

3306.2 Storage. The storage and display of small arms ammu-nition and primers, black powder and smokeless propellantsshall be as set forth in Sections 3306.2.1 through 3306.7.

3306.2.1 Occupancy restrictions. It shall be unlawful tostore small arms ammunition and primers, black powder

and smokeless propellants in any premises, building, struc-ture or facility, except as authorized by this section.

3306.2.2 Quantity restrictions. It shall be unlawful to storesmall arms ammunition and primers, black powder orsmokeless propellants in quantities exceeding the follow-ing:

1. 300,000 loaded shells containing shot for shotgunsnot exceeding No. 8 gauge;

2. 2,500,000 cartridges for pistols;

3. 500,000 cartridges for rifles of a caliber not largerthan 0.45 inch (137.2 mm);

4 10,000 cartridges for rifles of a caliber not largerthan 0.5 inch (152.4 mm);

5. 5,000 cartridges for rifles of a caliber between 0.5inch (152.4 mm)2 and 0.58 inch (176.8 mm);

6. 5,000 blank cartridges of a caliber not larger than0.45 inch (137.2 mm);

7. 3,000,000 primers for central fire ammunition;

8. 6,000,000 percussion caps, or primers, withoutanvils;

9. 250 pounds (113.5 kg) aggregate of black powder orsmokeless propellant;

10. Any storage in excess of the amounts authorized bypermit.

3306.2.3 Flammable and combustible liquid. It shall beunlawful to store small arms ammunition and primers, blackpowder and smokeless propellant in any premises, buildingor structure wherein flammable or combustible liquids,flammable solids, oxidizing materials, or other flammablematerials are manufactured, stored, handled or used.

3306.2.4 Small arms ammunition and primers. It shall beunlawful to store small arms ammunition and primers withDivision 1.1, Division 1.2 or Division 1.3 explosives, unlessapproved.

3306.3 Packaging and repackaging. It shall be unlawful topackage or repackage small arms ammunition and primers,black powder and smokeless propellants, except as approvedby the commissioner.

3306.4 Storage in Group R-3 occupancies. Where smallarms ammunition and primers are stored together in Group R-3occupancies, it shall be unlawful to store a combined quantityof more than 200, counting each round of ammunition and eachprimer separately.

3306.5 Storage and display in Group M occupancies. Thestorage and display of small arms ammunition and primers,black powder and smokeless propellants in Group M occupan-cies shall be in accordance with Sections 3305.1 and 3306.5.2and this section.

3306.5.1 Display. The display of small arms ammunitionand primers, black powder or smokeless propellants inGroup M occupancies shall comply with the requirementsof Sections 3306.5.1.1 through 3306.5.1.3.



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3306.5.1.1 Smokeless propellant. It shall be unlawful todisplay smokeless propellant.

3306.5.1.2 Black powder. It shall be unlawful to displayblack powder.

3306.5.1.3 Small arms ammunition and primers.Where small arms ammunition and primers are dis-played together in areas accessible to the public, a com-bined quantity of not more than 10,000 may bedisplayed, counting each round of ammunition and eachprimer separately. Such ammunition and primers shall besecured from direct access from the public.

3306.5.2 Storage. The storage of small arms ammunitionand primers, black powder and smokeless propellant shallcomply with the requirements of Sections 3306.5.2.1through 3306.5.2.3.

3306.5.2.1 Smokeless propellant. It shall be unlawful tostore smokeless propellants in quantities exceeding 250pounds (113 kg)2. Smokeless propellants in smalleramounts may be stored only if approved. Such storageshall be as follows:

1. Smokeless propellant in quantities not exceeding100 pounds (45 kg), shall be stored in a Type 2 orType 4 magazine.

2. Smokeless propellant in quantities exceeding 100pounds (45 kg), shall be stored in a Type 1 maga-zine.

3. Storage of any quantity in a building shall be inareas not accessible to the public.

3306.5.2.2 Black powder. It shall be unlawful to storeblack powder in quantities exceeding 250 pounds (113kg)2. Black powder may be stored in smaller amountsonly if approved. Black powder in quantities less than 50pounds (23 kg), when such storage is approved, shall bestored in a Type 2 or Type 4 indoor or outdoor magazine.Black powder in quantities of 50 pounds (23 kg) orgreater, when such storage is approved, shall be stored inan outdoor Type 1 magazine. When black powder isstored with smokeless propellants in the same magazine,the total quantity shall not exceed that permitted forblack powder.

3306.5.2.3 Small arms ammunition and primers.Small arms ammunition and primers shall be stored asfollows.

1. Reserved.

2. Where small arms ammunition and primers arestored in a building, a combined quantity of notmore than 100,000 may be stored, counting eachround of ammunition and each primer separately.Such storage shall be in compliance with the fol-lowing requirements.

2.1. The storage shall be in areas not accessibleto the public.

2.2. Small arms ammunition and primers shallbe stored in nonportable storage cabinets

having walls at least 1 inch (25 mm)2 nomi-nal thickness.

2.3. Shelves in cabinets shall have vertical sep-aration of at least 2 feet (610 mm).

2.4. Cabinets shall be located against a buildingexterior wall with not less than 40 feet (12192 mm) between cabinets.

2.5. The minimum required separationbetween cabinets may be reduced to 20 feet(6096 mm) provided that barricades twicethe height of the cabinets are attached tothe wall, midway between each cabinet.The barricades shall be firmly attached tothe wall, and shall be constructed of steelnot less than 0.25 inch thick (6.4 mm),2-inch (51 mm) nominal thickness wood,brick, or concrete block.

3306.6 Blanks for salute cannon. Blank shells or cartridgesmay be stored for use in salute cannons only as approved.

3306.7 Sprinkler protection. Any building or structure inwhich small arms ammunition and primers, black powder orsmokeless propellant are stored in quantities requiring a permitshall be protected throughout by a sprinkler system.

SECTION FC 3307BLASTING OPERATIONS

3307.1 General. Blasting operations shall be conducted inaccordance with this chapter, including this section, and NFPA495.

3307.1.1 Supervision. The storage, handling and use ofexplosives at a job site shall be supervised as set forth in Sec-tion 3301.5.

3307.1.2 Blasting related-construction. All constructionwork necessary and appropriate to ensure a safe blastingoperation, including shoring and underpinning of affectedbuildings, structures and infrastructure shall be performedin accordance with the Building Code.

3307.1.3 Permits. A permit issued pursuant to Section105.6 for the use of explosives for blasting operations,including excavation and demolition work, shall be issuedfor a period of up to nine months. Such permit may berenewed for additional periods of up to nine months, pro-vided that the owner and blasting contractor have compliedwith the requirements of this chapter.

3307.2 Manufacturer’s instructions and training. Blastingoperations shall be performed in accordance with the instruc-tions of the manufacturer of the explosives being used. Prior toconducting a blasting operation using explosives with whichthe blasting crew is unfamiliar, the blasting contractor shallensure that the manufacturer of such explosives conducts anon-site training session for such crew. A record of attendanceshall be kept of such training session and upon completion, themanufacturer and the blasting contractor shall certify that theblasting crew is qualified to use the explosives.



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3307.3 Blasting safety. Blasting operations shall be conductedin accordance with Sections 3307.3.1 through 3307.3.4.

3307.3.1 Safety precautions. The following safety precau-tions and procedures shall be observed at a blast site:

1. Only explosives approved by the commissioner maybe used for blasting operations. Ammonium nitrateshall not be used as a blasting agent, except whenapproved for a specific blasting operation.

2. The quantity of explosives used in a blast shall be nomore than necessary to accomplish the task and shallbe approved by the department.

3. Blasting and job site personnel shall not fight fires inclose proximity to explosives. All persons shall beremoved to a safe area, the area affected by the fireshall be secured from entry, and the department shallbe notified immediately.

4. Primers shall be made only at the blast site, as needed.They shall be kept separate from all other explosivesat all times until placed into the boreholes.

5. Loading operations shall not take place on a cut orheading within 25 feet (7620 mm) of drilling ormucking operations.

6. When tunnel blasting is to be performed:

6.1. Advance or probe drilling shall be used to de-termine the nature of face ahead. Face shall beremoved by the blaster using the smallestquantity of explosive necessary to achieve thedesired blast.

6.2. Only the blasters, assistant blasters and load-ers may transport explosives from the maga-zine to the blast site.

6.3. When blasting under compressed air is to beperformed, detonators and high explosivesshall be taken separately through the air lockwith no other equipment to the pressure work-ing chamber and immediately loaded. Unusedexplosives shall be returned to magazines be-fore engaging the blasting circuit.

6.4. Before firing an underground blast, the blastershall have guards posted to all entrances to thedanger zone, including any drift, raise, orother opening that may be expected to holethrough.

6.5. Only high explosives of Fume Class 1 shall beused in shaft, tunnel or under decking blastingoperations.

7. When demolition blasting is to be performed, thebuilding to be demolished, as well as adjacent build-ings within the blast area, shall be searched just priorto the blast to ensure that they are unoccupied.

8. When submarine (underwater) blasting is to be per-formed:

8.1. The drill boat shall be moored outside of navi-gation channels at night, equipped with a hosereel line capable of reaching any point on the

deck for protection against fires, and durable“NO SMOKING” signs conspicuouslyposted at approved locations on the boat. Ared flag shall be flown during the day and ap-proved United States Coast Guard warninglights shall be lit at night to indicate explo-sives storage aboard the drill boat.

8.2. Warning buoys shall be positioned to indicateareas blasting operations are being conducted.

8.3. Blasting operations shall cease while any ma-rine traffic or divers are within a 1,500 ft. (457200 mm) radius of the drill boat.

9. Prior to the commencement of excavation blasting ata job site, and at such other time as the departmentmay require, the blaster shall review with a depart-ment representative the blasting patterns to be utilizedin connection with such blasting operations.

3307.3.2 Blasting in congested areas. When blasting isconducted in a congested area or in close proximity to build-ings, structures or infrastructure that may be damaged, orwhose use and occupancy may be seriously affected byblasting operations, the blaster shall schedule the timing ofeach blast and take appropriate precautions in its loading,confinement and initiation, so as to minimize the effect ofthe blast upon surrounding uses and occupancies, and tocontrol the ground vibrations and airblast effects. Shoringor other means approved by the commissioner of buildingsshall be used to reinforce buildings, retaining walls andother structures and infrastructure that are susceptible todamage from vibration and airblast effects, and weak rockshall be manually removed by gads, picks or crowbars,without the use of explosives. When blasting is unavoidablein the vicinity of such buildings, structures and infrastruc-ture, only light face blasts with short lines of resistance andsmall charges shall be used.

3307.3.3 Weather conditions. The blasting contractorshall monitor weather conditions to alert the blaster at thejob site of approaching electrical storms. The commissionermay require that the blasting contractor use an approveddevice for such purpose.

3307.3.3.1 Electrical storms. During an electricalstorm, the handling and use of explosives, includingloading, shall cease and the following procedures shallbe observed:

1. All unused explosives at the blast site shall beimmediately returned to their proper magazines.

2. Electrical blasting cap leg wires and lead linesshall be shunted.

3. The danger zone shall be cleared of all personsuntil the storm has passed.

3307.3.4 Unsafe conditions and complaints. The blastingcontractor shall immediately suspend blasting operationsand immediately notify the department should any condi-tion arise from blasting operations that involves the struc-tural integrity of a building, structure or infrastructure orthat otherwise threatens the safety of the general public. The



blasting contractor shall also immediately notify theDepartment of Buildings of any condition that involves thestructural integrity of a building, structure or infrastructure.Blasting operations shall not resume until authorized by thedepartment. The blasting contractor shall notify the depart-ment within 24 hours of all other complaints, includingcomplaints of noise and minor damage.

3307.4 Hours of operation. Blasting operations shall be con-ducted between the hours of 7:00 am (0700 hours) and 7:00 pm(1900 hours), Monday through Saturday. The written authori-zation of the commissioner shall be required in order to con-duct blasting operations at any other times, or on Sunday, andmay be granted or revoked by the commissioner in the interestof public safety.

3307.5 Notifications and permit survey meeting. Prior to theissuance of any permit for the use of explosives for blastingoperations, a permit survey meeting shall be arranged by theowner or the owner’s blasting contractor and conducted at thejob site at which blasting operations are to occur, for the pur-pose of reviewing the measures that the blasting contractor willbe required to undertake to safeguard affected buildings, struc-tures and infrastructure. Such permit survey meeting shall beattended by representatives of the department, general contrac-tor and blasting contractor. The owner or the owner’s blastingcontractor shall invite the participation of owners of affectedbuildings, structures and infrastructure as determined by thedepartment to be appropriate, and shall in addition notify theDepartment of Buildings of the meeting. The commissionermay also require notification of and coordination with otherfederal, state and city officials and agencies, including theDepartment of Environmental Protection, Office of Emer-gency Management, Metropolitan Transportation Authority,United States Coast Guard and United States Army Corps ofEngineers, as appropriate.

3307.5.1 Utility coordination and notification. Owners ofelectrical, natural gas, water and other utility infrastructureshall provide information to the department and the blastingcontractor, including the location, depth, size, construction,condition and age of such infrastructure, including locationof isolation valves, and any other information that thedepartment may require to determine the measures that theblasting contractor will be required to undertake to safe-guard such infrastructure during blasting operations. Suchinformation shall be readily available for the duration ofblasting operations.

3307.5.1.1 Blasting operations near or adjacent tonatural gas utility infrastructure. For blasting opera-tions near or adjacent to a natural gas utility infrastruc-ture, the utility company may require access to the jobsite so that a leak survey may be conducted prior and sub-sequent to blasting operations. The blasting contractorshall provide the utility company with access to the jobsite for such purpose.

3307.5.1.2 Demolition blasting. For demolition blast-ing, the blasting contractor shall coordinate with and pro-vide access to the utility company to disconnect allpower lines within 100 feet (30 408 mm) of the structureto be demolished, and sever physically from the main

street lines, and cap as close to the main as possible, allservices extending into the structure. Blasting shall notbe conducted unless existing utility service street linesare cut and capped.

3307.5.1.3 Submarine (underwater) blasting. For sub-marine (underwater) blasting, the utility companies shallprovide the department and blasting contractor with thelocations of any and all underwater infrastructure within1 mile (1.6 km) of the blast site.

3307.5.2 Affected uses and occupancies coordinationand notification. The blasting contractor shall conductblasting operations in a manner that minimizes the impact ofsuch blasting operation on public safety. Good faith mea-sures shall be made to schedule blasting at those times whenstudents in affected schools are not arriving, departing oroutdoors, and when services are not being held at houses ofworship, and to otherwise coordinate the timing of blastingoperations to minimize the impact on affected uses andoccupancies. Appropriate procedures for coordination andnotification shall be established at the permit survey meet-ing.

3307.5.3 Notice of permit issuance. Within five days ofissuance of a permit for the use of explosives for demolitionor excavation work, the owner or the owner’s blasting con-tractor shall provide written notice to each council memberand community board whose respective district includes thejob site or property within 100 feet (30 480 mm) thereof,and the local fire company. Such notice shall contain theeffective and expiration dates of the permit. Proof of thedelivery or mailing of such notice shall be filed with thedepartment.

3307.5.4 Notice of the commencement of blasting opera-tions. Not less than two days nor more than five days prior tothe commencement of blasting operations, the owner or theowner’s blasting contractor shall provide written notice ofsame to each council member and community board whoserespective districts include the job site or property within100 feet (30 480 mm) thereof, and the local fire company.Such notice shall contain the date or dates on which blastingoperations are anticipated to take place and telephone num-bers for the blasting contractor and the department to whichcomplaints and inquiries about the blasting operations maybe made. The owner or the owner’s blasting contractor shallin addition forward a copy of the written notice to the own-ers of all buildings within 100 feet (30 480 mm) of the jobsite. Owners of such buildings shall post such notice at aconspicuous location within each such building in a mannerprescribed by the department to ensure adequate visibility.If blasting operations continue for a period of more than onemonth, additional notice shall be given to owners of suchbuildings and posted by such owners on a monthly basis forany month in which blasting operations are to be conducted.

3307.5.5 Fire company notification. The blasting contrac-tor shall provide advance notification of blasting operationsto the fire company in whose administrative district the jobsite is located. On any job site where overnight storage ofexplosives is not approved, after the final blast has beenfired for the day, the blasting contractor shall arrange with



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such fire company for an inspection of the job site to con-firm removal of explosives as required by this chapter.

3307.5.6 Demolition projects notification. If a demolitionproject is in proximity to blasting operations, the blastingcontractor shall advise the demolition contractor of theblasting contractor’s warning signals.

3307.6 Detonator safety. Detonators shall be stored, handledand used in accordance with Sections 3307.6.1 through3307.6.3.

3307.6.1 Prohibited detonators. It shall be unlawful to fireexplosives by means of a timer or a slow burning or safetyfuse.

3307.6.2 Approved detonators. Only approved electricand nonelectric3 detonators shall be used.

3307.6.3 Safety precautions. Detonators shall be stored,handled and used in accordance with the following safetyprecautions:

1. Detonators used in a single blast shall be of the samemanufacture, style and function to ensure compati-bility.

2. Signs reading “DANGER—BLASTING AREA—NO RADIO TRANSMITTING” shall be con-spicuously posted on the street side of the job site oron the drill boat.

3. Prior to loading explosives, the blast site shall betested for any stray currents. Such currents shall beeliminated before loading explosives.

4. Care shall be taken in the selection of the blastingcircuit and an adequate energy source for initiation,and in making electrical connections. Circuits shallbe tested to ensure the current is 50 mA or less, andonly with a blaster’s galvanometer or blaster’smultimeter.

5. Detonators shall be shunted or short circuited untilwired into the blasting circuit. The lead line shallalso be shunted, unless testing the blasting circuit orpreparing to fire.

6. Precautions shall be taken to prevent accidental dis-charge of electric detonators from currents inducedby radar and radio station transmitters, adjacentpower lines, substations,3 third rails, dust, lighteningand snow storms, or other stray electrical currents.

7. No radio transmission with any handie-talkies, CBradios, cell phones or other devices shall be allowedwithin 100 feet (30 480 mm) of electric detonators.

8. For tunnel blasting, only an approved type of load-ing light shall be used. All regular light and powercircuits shall be disconnected and removed to a loca-tion at least 100 feet (30 480 mm) from where explo-sives are being loaded. The only circuit allowedwithin 100 feet (30 480 mm) of the blast site shall bethe one being used to fire the charges.

9. Detonators and explosives shall not be transportedtogether on the job site, except in magazine cars andcarry boxes in which the detonators and explosives

are kept in separate approved containers or compart-ments.

10. During compressed air operations, all metal pipes,rails, air-locks and steel tunnel-lining shall be elec-trically bonded and grounded at or near the portal orshaft, and shall be cross-bonded at 1,000 feet (304800 mm) intervals throughout the length of the tun-nel. In addition, each low air supply pipe shall begrounded at its delivery point.

3307.7 Reserved.

3307.8 Security. The blasting crew shall be trained in the safestorage, handling and use of explosives. During the time thatholes are being loaded or are loaded with explosives, blastingagents or detonators, only authorized persons engaged in drill-ing and loading operations and department representativesshall be allowed at the blast site. The blaster may authorizeother persons to enter the blast site but such persons shallremain under the personal supervision of the blaster at alltimes. When necessary to ensure that the danger zone is andremains clear, the blaster shall post blasting contractor person-nel with red flags at the perimeter of the danger zone to preventpedestrians and traffic from entering. The job site shall be bar-ricaded and the assistance of law enforcement personnelrequested, as necessary, to ensure compliance with theserequirements. Job site security shall be maintained until thepost-blast procedures have been completed.

3307.9 Drill holes. Holes drilled for the loading of explosivecharges shall be of a diameter sufficient to insert explosives tothe bottom of the borehole without forcing or ramming. Thefollowing drilling precautions shall be observed:

1. Only poles made of wood or plastic that have no metalparts shall be used for loading or tamping explosives.

2. Explosives shall be set in place or pressed in place bysteady, even pressure with the tamping pole, avoidingforceful blows.

3307.9.1 Protective covering. Blasting mats or otherapproved protective measures shall be used to prevent theejection of projectiles in accordance with Sections3307.9.1.1 through 3307.9.1.4.

3307.9.1.1 Open cut and under-decking blasting.Before firing explosives, blasting mats or other approvedprotective measures, made of woven matting rope, rub-ber tire, steel cable or other approved material, shall beplaced as necessary to prevent the ejection of projectiles.The type, amount and manner of application of the pro-tective covering is subject to approval.

3307.9.1.2 Tunnel blasting. Blasting mats or otherapproved protective measures may not be required whenthe heading to be blasted is situated more than 100 feet(30 480 mm) from the mouth or opening of a tunnel andis at least 10 feet (3048 mm) below the outer surface ofthe surrounding rock.

3307.9.1.3 Shaft blasting. When shaft blasting,approved shaft covers shall be used.

3307.9.1.4 Demolition blasting. The commissionermay waive the requirements of blasting mats or other



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approved covering in connection with demolition blast-ing upon a determination that the use of such mats wouldnot provide protection from the blast. The blasting con-tractor shall take precautions to protect subsurface infra-structure from blast damage, including protectingmanholes, transformers and sewer grades or covers withmetal plates, timber and/or soil. The blasting contractorshall take such other precautions as the commissionermay prescribe in the interest of public safety.

3307.10 Removal of excess explosives. After loading for ablast is completed and before firing, excess explosives shall beremoved from the area and returned to the proper storage facili-ties.

3307.11 Initiation. The initiation of blasts shall be by meansconforming to the provisions of NFPA 495.

3307.12 Connections. The blaster shall supervise the connect-ing of the blastholes and the connection of the lead line to thepower source or initiation point. Connections shall be madeprogressively from the blasthole back to the initiation point.Blasting machines and all other equipment used to fire blastsshall be under the personal supervision of the blaster. Blastinglead lines shall remain shunted or short circuited and shall notbe connected to the blasting machine or other source of currentuntil the blast is to be fired.

3307.13 Firing control. No blast shall be fired until the blasterhas made certain that all excess explosives are in a safe locationin accordance with Section 3307.10, all persons and equipmentare at a safe distance or under sufficient cover, and that an ade-quate warning signal has been given. The blaster shall be thelast person to leave the danger zone. The blaster shall fire eachshot or designate the assistant blaster to do so, provided theassistant blaster is in a direct line of sight of the blaster andawaits the firing signal which only the blaster shall give.

3307.13.1 Blast warning signal system. A shot shall befired as soon as possible after loading is complete. An audi-ble warning signal made by an air whistle, air horn or othersimilar device shall sound before each shot is fired. All per-sonnel working in or near the blast area shall be familiarwith the warning signal system. Signs describing the warn-ing signal system shall be posted at conspicuous locations atthe job site, as approved by the department. The followingaudible warning signal system shall be used:

1. One long signal—Preparing to blast, clear the blastarea and danger zone.

2. Two short signals—Ready to blast, after the blasterchecks that the blast area and danger zone are clear.

3. Three short signals—All clear, after the blaster com-pletes post-blast procedures.

3307.14 Post-blasting procedures. After the blast, the follow-ing procedures shall be observed:

1. Immediately after the blast has been fired, the firing lineon electrically initiated shots shall be disconnected fromthe blasting machine. No person shall return to the blastarea until allowed to do so by the blaster.

2. The blaster shall allow 20 minutes time for smoke andfumes to dissipate and for dust to settle before returningto or approaching the blast area.

3. The blaster shall inspect the entire blast area for misfiresbefore allowing other personnel to return to the blastarea. No mucking or drilling operations shall take placeuntil all misfires are rendered safe in accordance withSection 3307.15. Once mucking commences, the blast-ing crew shall continuously check for undetonated car-tridges, wrappers, caps and cap wires, which shall beremoved from the muck pile prior to haulage to rockdumps, and handled in accordance with Section 3304.10.

4. In demolition blasting, the muck pile shall be wetteddown and the blasting crew shall make a second searchfor undetonated explosives as set forth in Section3307.14(3). The blasting contractor shall restore adja-cent buildings and structures to their pre-existing condi-tion by removing all dust, dirt and debris caused byblasting operations.

3307.15 Misfires. Where a misfire is suspected, all initiatingcircuits shall be traced and a search made for unexplodedcharges. Where a misfire is found, the blaster shall immedi-ately implement safeguards in compliance with the followingrequirements:

1. Cordon off and otherwise secure the blast area fromentry.

2. Report the misfire to the department.

3. No other work shall be performed except that necessaryto remove the hazard of the misfire.

4. No attempt shall be made to extract explosives from anycharged or misfired hole; a new primer shall be loadedand the hole reblasted, if such action does not present ahazard. If refiring of the misfired hole presents a hazard,the explosives may be removed by washing out withwater or blown out with air.

5. No drilling, digging, or picking shall be allowed until allmissed holes have been detonated or the blaster deter-mines that work can proceed, but no drilling shall be con-ducted into a previously fired hole.

6. All misfires and the disposition of explosives involvedshall be recorded on forms prescribed by the commis-sioner.

3307.16 Pre-blasting survey, post-blasting survey andblasting plan. The owner or the owner’s blasting contractorshall retain the services of a professional engineer, licensed topractice in New York State, to conduct a pre-blasting surveyand, where applicable, to prepare a blasting plan, and conduct apost-blasting survey, as set forth in Sections 3307.16.1 through3307.16.3.

3307.16.1 Pre-blasting survey. Prior to commencement ofblasting operations, such professional engineer shall con-duct a structural survey of all buildings, structures, andinfrastructure, including all landmarks and monuments,within 100 feet (30 480 mm) of the property line of the jobsite. The pre-blasting survey shall determine and documentthe existing structural condition of the interior and exterior



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of such buildings, structures and infrastructure, providedthat if, after reasonable good faith efforts, access to the inte-rior of a building, structure or infrastructure cannot begained, it shall be sufficient that such survey determine anddocument the condition of the exterior of such building,structure or infrastructure. The report of such pre-blastingsurvey shall include photographs and/or videotapes, docu-menting any pre-existing conditions that may be exacer-bated by blasting operations, including cracks and structuraldefects, and their location, length, size, thickness, and type.Where demolition blasting is to be conducted, the pre-blast-ing survey report shall identify the location and elevation ofvertical control points on such buildings, structures andinfrastructure, and shall set forth the type and location ofany monitoring devices to be used, including tell-tales. Ifapplication is made for renewal of the permit for excavationor demolition blasting at a job site, the owner or the owner’sblasting contractor shall cause any pre-blasting survey to beupdated as necessary to address any change in conditions inthe area to be surveyed.

3307.16.2 Blasting plan for demolition blasting. Applica-tions for a permit for use of explosives in connection withdemolition work shall include a blasting plan. The blastingplan shall include the following information:

1. The location and dimensions of the safety zone to bemaintained during blasting, including clearance to thesurrounding buildings, structures and infrastructure.

2. Construction plans detailing the location of the mainbearing supports of the structure which will be uti-lized in the demolition.

3. The types of explosives to be used, quantities, chargeweight per initiation, blast sequence and pattern, andnumber, depth and diameter of drill holes.

3307.16.3 Post-blasting survey. A post-blasting surveyshall be prepared when required by Sections 3307.16.3.1and 3307.16.3.2.

3307.16.3.1 Demolition blasting. Whenever demolitionblasting is conducted, such professional engineer shall,upon the completion of the blasting operations at the jobsite, conduct a structural survey of all of the buildings,structures and infrastructure previously surveyed andsubmit to the department a report documenting the eleva-tions of the vertical control points and the absence of anyobservable changes in the pre-existing condition of suchbuildings, structures and infrastructure, or identifyingany changes and the conclusions to be drawn therefrom.Elevations of the control points shall again be measuredby such professional engineer at intervals of one and sixmonths after the completion of the demolition work, anda report containing this data, and conclusions to be drawntherefrom, shall be promptly submitted to the depart-ment as an addendum to the original post-blasting sur-vey.

3307.16.3.2 Excavation blasting. The commissionermay require the owner or the owner’s blasting contractorto retain such a professional engineer to conduct a

post-blasting survey at any time during or upon the com-pletion of blasting operations upon a determination thatsuch a survey is necessary or appropriate as a result ofground vibration levels exceeding the reporting level setby the department, or other good cause.

3307.16.4 Recordkeeping. A copy of the pre-blasting sur-vey, the blasting plan for demolition blasting, the blastingpatterns utilized for excavation blasting operations, and thevibration and airblast measurements required by this sec-tion, shall be maintained at the job site until the completionof blasting operations, and, together with any post-blastingsurvey required by Section 3307.16.3, shall thereafter bekept by the owner or the owner’s blasting contractor for aperiod of three years from the completion of blasting opera-tions at the job site. Such records shall be made available forinspection by any representative of the department and theDepartment of Buildings.

3307.17 Vibrations and airblast. The owner or the owner’sblasting contractor shall retain a seismic services consultant tomeasure and record ground vibration and airblast overpressurelevels at specified locations. Such measurements shall be takenevery time explosives are detonated during blasting operations.A copy of such measurements shall be filed with the depart-ment on a schedule to be established by the department, but notless frequently than once per week. Throughout blasting opera-tions, locations for the monitoring equipment shall be selectedby the blasting contractor and the seismic consultant in consul-tation with the department and subject to department approval.The commissioner may require monitoring of water shockwhen submarine blasting is conducted.

3307.17.1 Limits. The limit for ground vibration peak parti-cle velocity is 2.0 ips (50.8 mm/s) for frequencies from 40Hz to 100 Hz. For frequencies below 40 Hz, vibration limitsare 0.75 ips (19.1 mm/s) and 0.5 ips (12.7 mm/s), withgraphical data transition lines equivalent to constant dis-placements. Airblast overpressure shall be limited to 134dB. Vibration and noise shall not exceed the limits estab-lished by the Metropolitan Transit Authority, Department ofEnvironmental Protection, Department of Transportationand Department of Buildings and other agencies responsi-ble for ensuring the structural integrity of affected build-ings, structures and infrastructure.

3307.17.2 Report. The seismic consultant shall prepare areport of all required measurements and data, acceptancecriteria and analysis. In the event that readings exceed theacceptance criteria, the department shall be immediatelynotified, and the blasting contractor shall propose reviseddrilling and blasting patterns, charge weight per initiationand other measures to reduce the ground vibration and/orairblast overpressure, as appropriate.

3307.18 Interagency3 coordination. The department shalldevelop and establish a protocol with the Department of Build-ings, and such other agencies as the department determines tobe necessary and appropriate, by which notification of blastingoperations and reporting of unsafe conditions and complaintsis to be coordinated.



SECTION FC 3308FIREWORKS DISPLAYS

3308.1 Scope. The discharge or other use of fireworks shallcomply with the requirements of the New York State PenalLaw Article 405, this chapter, the rules, NFPA 1123, and allother applicable laws, rules and regulations.

3308.2 Permits. Permits shall be required as set forth in Sec-tion 105.6.

3308.2.1 Fireworks display sponsor. A fireworks displaypermit shall be obtained for each display or other eventinvolving the discharge or other use of fireworks. The spon-sor of such display or other event shall retain a companyholding a fireworks contractor certificate issued pursuant tothis chapter to apply for and obtain the fireworks displaypermit and to conduct the fireworks display or other event.

3308.2.2 Fireworks display permit conditions. A fire-works display permit shall be issued in the name of thesponsor of the display or other event and shall specify thedate, time and location of the display or other event, theamount and types of fireworks to be discharged, and suchother terms and conditions as the commissioner may pre-scribe as necessary or appropriate for the safe conduct of thedisplay or other event.

3308.2.3 Permit applications. Applications for a fireworksdisplay permit shall be submitted to the department at least30 days prior to the requested date for the fireworks displaypermit. Applications shall be in the form specified by thedepartment and shall be signed by the sponsor and the fire-works contractor conducting the fireworks display. Thecommissioner shall review each application for a fireworksdisplay permit and shall grant such application only if thecommissioner is satisfied that the display or other event canbe safely conducted. Permit applications shall contain thefollowing information, and such other information and doc-umentation as the commissioner may prescribe:

1. The name, address, telephone number and fax num-ber of the sponsor.

2. The name, address, telephone number and fax num-ber of the fireworks display contractor.

3. The date, rain date, time, and exact location proposedfor the fireworks display and its approximate dura-tion.

4. The number and size of the fireworks to be dischargedor otherwise used or stored for use for the display orother event.

5. The written authorization of the sponsor of the dis-play or other event.

6. The name of all persons personally supervising thedischarge or other use of fireworks and the number ofeach person’s certificate of fitness. There shall be notless than two such persons for any fireworks display.

7. The number, size, type, and approval number of thefireworks to be discharged. The approval number

shall be the EX-number issued by the United StatesDepartment of Transportation.

8. For onshore displays, a dimensional diagram of thedisplay site containing the following information:

8.1. The location where the fireworks are to bestored.

8.2. The discharge site.

8.3. The location of all buildings, structures, infra-structure, streets, piers, bridges, railways,parking lots, utility lines and bulk plants andterminals within 1,500 feet (457 200 mm) ofthe discharge site, and, as determined by thedepartment, other protected exposures withinsuch distance, the occupancy thereof, the use,and the distance from the outer perimeter ofthe discharge site to such buildings, struc-tures, infrastructure, streets, piers, bridges,railways, parking lots, utility lines, bulkplants and terminals or other protected expo-sures.

8.4. The location of any trees and overhead ob-structions within 1,000 feet (304 800 mm) ofthe discharge site, including the distance tosuch locations from the outer perimeter of thedischarge site.

8.5 The viewing areas to which all observers willbe restricted, including the distance to such lo-cations from the outer perimeter of the dis-charge site.

9. For offshore displays, a dimensional diagram of thedisplay site containing the following information:

9.1. The discharge site, by reference to the shore-lines and nearby structures, indicating the dis-tances thereto.

9.2. The layout of the barge, including the dis-charge site and the location of the controlpanel, all safety barriers and structures, andfireworks storage.

9.3. The location of all buildings, structures, infra-structure, streets, piers, bridges, railways,parking lots, utility lines and bulk plants andterminals within 1500 feet (457 200 mm) ofthe discharge site, and, as determined by thedepartment, other protected exposures withinsuch distance, the use or occupancy thereof,and the distance from the outer perimeter ofthe discharge site to such buildings, struc-tures, infrastructure, streets, piers, bridges,railways, parking lots, utility lines, bulkplants and terminals or other protected expo-sures.

9.4. All viewing areas at or near the shorelines, in-cluding the distance to such locations from theouter perimeter of the discharge site.



3308.2.4 Site inspection. The department may conduct aninspection of the display site and its surroundings, includingthe command post, viewing areas, and protected exposures,prior to issuance of a permit and/or prior to the fireworksdisplay. Representatives of the fireworks contractor and thesponsor shall attend any such site inspection and cooperatewith the department in determining the suitability of the sitefor the proposed fireworks display, and appropriate separa-tion distances and other safety measures. The fireworkscontractor or the sponsor shall arrange for access by depart-ment representatives to the display site, command post andall other areas, for purposes of the site inspection and duringthe fireworks display.

3308.2.5 Permit denial. An application for a fireworks dis-play permit shall be denied if the department determinesthat the display cannot be safely conducted. The departmentmay take into consideration the time and place of the displayor event for which a permit is sought, other scheduledevents, and the ability of the department to effectively moni-tor such display or event, in determining whether to grant ordeny such application. The department may also deny anapplication if it is incomplete or for lack of cooperation bythe fireworks contractor or the sponsor.

3308.2.6 Permit conditions. The fireworks display permitshall be issued to the sponsor. The permit shall specify theexact location of the display, the date and approximate timeof commencement of the display, and such other conditionsas the department may prescribe to ensure the safe conductof the display. The fireworks display permit shall be deemedto incorporate the terms and conditions set forth on the fire-works display plan approved by the department, includingthe separation distances required by the department. Fire-work displays shall be scheduled to commence no later than9:30 pm (2130 hours).

3308.2.7 Penalty for noncompliance. The fireworks dis-play shall be conducted in accordance with the fireworksdisplay permit and the directions of department representa-tives. Failure to conduct a display in accordance with theterms of the permit or such directions may result in denial offuture applications for such permits, suspension or revoca-tion of the fireworks contractor certificate, suspension orrevocation of the certificate of fitness, and such other penal-ties as may be provided by law, rule or regulation.

3308.3 Approved fireworks. Fireworks displays shall be con-ducted using Division 1.3G, 1.4G, and 1.4S fireworks. Thefireworks shall be arranged, located and discharged in a man-ner that will not endanger any person or damage any property.

3308.3.1 Shell size restrictions. Aerial shells or other aerialfireworks shall not exceed 12 inches (305 mm)2 in diameterand salute shells shall not exceed 3 inches (76.2 mm) indiameter or length unless authorized by the fireworks dis-play permit. Such authorization shall only be granted if theapplicant can demonstrate to the satisfaction of the depart-ment special circumstances warranting the use of such over-size shell and that such shell can safely be discharged withinthe confines of the display site. No such request shall beconsidered on the day of the fireworks display.

3308.4 Clearance requirements. Viewing areas, parkingareas, and dwellings, buildings or structures shall not belocated within the display site. The required distances shall bemaintained from the display site to the viewing areas and allprotected exposures, including the minimum secured radius asset forth in Tables 3308.4.1 and 3308.4.2, any additional dis-tance necessary to accommodate the fallout area, as calculatedby the fireworks contractor and approved by the department,and any protected exposures as set forth in Section 3308.4.3, oras determined by the department.

3308.4.1 Onshore displays. For an onshore display, the dis-play site shall be of a size sufficient to allow the applicableminimum secured radius set forth in Table 3308.4.1.

TABLE 3308.4.1ONSHORE DISPLAYS

Size of Largest Mortar (inches) Minimum Secured Radius (feet)

<3 300

4 400

5 500

6 600

7 700

8 800

10 1,000

12 1,200

3308.4.2 Offshore displays. For an offshore display, thedisplay site shall be of a size sufficient to allow the applica-ble minimum secured radius set forth in Table 3308.4.2.

TABLE 3308.4.2OFFSHORE DISPLAYS

Size of Largest Mortar (inches) Minimum Secured Radius (feet)

Up to 10 1,000

12 1,200

3308.4.3 Protected exposure distance separation. Theminimum secured radius to the property line of any bulkplant or terminal, or facility for combustible, flammable,explosive, or toxic materials, or any institutional occupancy,shall be twice the distance specified in Table 3308.4.1 orTable 3308.4.2, as applicable, but in no case less than 1,000feet (304 800 mm). The commissioner may prescribe aclearance requirement for any other protected exposure.

3308.5 Incidental storage of fireworks at display site. Thestorage of fireworks at the display site shall comply with therequirements of this section and NFPA 1123. Fireworks may bedelivered and stored at the display site not earlier than 12 hoursbefore the permitted display. Only fireworks to be used for thepermitted display may be stored at the display site.

3308.5.1 Supervision. Fireworks shall not be left unat-tended at the display site, but shall be under the personalsupervision of a certificate of fitness holder for fireworksdisplay.

3308.5.2 Weather protection. Fireworks shall be stored inweatherproof containers, under a waterproof cover or other-



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wise kept dry at the display site, prior to the fireworks dis-play.

3308.5.3 Inspection. Shells and other fireworks shall beinspected by the certificate of fitness holder for fireworksdisplay at the display site.

3308.5.4 Reserved.

3308.5.5 Ready boxes. Any shells and other fireworks thatare not to be used during a fireworks display, including fire-works that are defective or damaged, shall be temporarilystored during the fireworks display in ready boxes locatedupwind and at least 25 feet (7620 mm) from the mortarplacement.

3308.6 Discharge of fireworks. Fireworks displays and anyother discharge or use of fireworks shall be conducted out-doors, except that fireworks, 1.4G, may be discharged indoorsin connection with the conduct of a special effect for which aspecial effects permit has been issued pursuant to Section3309.

3308.6.1 Mortar placement. Mortars shall be positionedand discharged as follows:

1. Mortars shall not be set up during night hours(between sunset and sunrise).

2. Mortars shall be of sufficient strength and shall bearranged and positioned so that the shells may besafely discharged.

3. Mortars shall be placed in as near a vertical positionas possible. Mortars and other devices used to dis-charge fireworks shall be installed in accordancewith NFPA 1123 and shall be positioned such thatthe shells are projected in a direction that ensuresthat they combust, deflagrate or detonate above thefallout area and all unexploded fireworks fall intothe fallout area. Under no circumstances shall mor-tars be angled toward the viewing area.

4. Mortars shall be of sufficient length to cause aerialshells to be projected to safe heights.

5. Mortars shall be placed in sand-filled steel drums orheavy plastic drums no less than 32 gallons (121 L)in capacity. Wood racks or troughs filled with sandmay also be used in lieu of drums for firing barragesor finales.

6. Except for mortars placed in wood racks, mortarsshall be buried to a depth of between two-thirds tothree-quarters of their length.

7. Except for mortars placed in wood racks and as mayotherwise be provided in this section, mortars shallbe separated from adjacent mortars by a distance ofat least 2 inches (51 mm)2 or the diameter of thelarger mortar, whichever is greater.

8. Except as otherwise provided in this section, thereshall be a separation distance of at least 2 inches (51mm)2 or one-half of the diameter of the mortar,whichever is greater, between the mortar and thewall of the drum or trough.

9. Prior to placement, mortars shall be inspected fordefects, such as dents, bent ends, damaged interiorsand damaged plugs. Defective mortars shall not beused. Any scale found on the inside surface of themortars shall be removed prior to placement.

10. Wood racks. Wood racks used in conjunction withfirework displays shall be designed and operated asfollows:

10.1. Wood racks shall be of sufficient strength toprevent adjacent mortars from being reposi-tioned in the event that a shell detonates in amortar, causing the mortar to burst.

10.2. The use of wood racks shall be limited to sin-gle break shells not exceeding six inches(152 mm)2 in diameter.

10.3. Wood racks with chain fused mortars 3inches (76 mm)2 or less in diameter shall belimited to a maximum of 15 mortars per unit.Racks containing mortars 4 inches (102mm)2 in diameter shall be limited to a maxi-mum of 12 mortars. Racks containing mor-tars 5 inches (127 mm) to 6 inches (152mm)2 in diameter shall be limited to a maxi-mum of 10 mortars.

10.4. Mortars placed in wood racks shall not bereloaded during the display.

3308.6.2 Mortar loading. Mortars shall be loaded as fol-lows:

1. Mortars shall be loaded during daylight hours(between sunrise and sunset). Mortars shall not beloaded during night hours (between sunset and sun-rise).

2. All unloading of fireworks from the delivery vehicleand loading and fusing of the fireworks shall be con-ducted under the supervision of a certificate of fitnessholder in the presence of a department representative.

3. All shells shall be inspected by a certificate of fitnessholder for fireworks display immediately prior toplacement. Any shells that are torn, leaking, showsigns of having been wet or have broken fuses shallnot be used.

4. The certificate of fitness holder for fireworks displayshall verify that the proper lifting charge has beenattached to each shell to ensure the safe control of dis-charge height.

5. When loading into mortars, shells shall be held bytheir lowering cords (if provided) or their fuses (if nolowering cord is provided).

6. Shells shall be lowered carefully into the mortar, suchthat they are properly seated in the bottom of the mor-tar. Shells shall never be forced into a mortar.

7. No person shall place any part of his or her body overthe mortar during its loading.



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3308.6.3 Control panel for firework displays. Controlpanels used to conduct firework displays shall be designed,installed and operated as follows:

1. The control panel and all related equipment, includ-ing any junction boxes, shall be located within the dis-play site, at least 50 feet (15 240 mm) from thedischarge site, with a clear line of sight to the dis-charge site.

2. A protective barrier capable of withstanding theimpact of falling debris or a misfired shell and madeof or covered with a fire-retardant material shall beprovided between the control panel and the dischargesite and above the control panel. Such protective bar-rier shall be of sufficient size to protect the controlpanel and all persons who will be positioned at thecontrol panel during the fireworks display, includingat least one department representative.

3. The control panel shall be provided with a doublesafety switch to prevent premature activation of cur-rent to the shells, such as combination of keys or sin-gle throw switches connected in series, both of whichmust be activated for current to flow.

4. Each switch on the control panel, including testingand firing controls, shall be clearly marked to indicateits function. The control panel shall be equipped withan indicator, such as a light, a sound device, or both, toindicate when the control panel is armed for firing.

5. If the control panel has a built-in test circuit, the unitshall be designed to limit the test current to 0.05ampere or to 20 percent of the no-fire current of theelectric match being used, whichever is less.

6. Multi-testers, such as volt-ohm meters, shall not beused for testing electric matches unless the tester’smaximum current delivery potential has been mea-sured to be not more than 0.05 ampere or 20 percent ofthe no-fire current of the electric match being used,whichever is less.

7. Control panels shall be powered by batteries or iso-lated power supplies used for firing purposes only. Ifbatteries are used, they shall be self-contained in thefiring unit or otherwise covered or protected to pre-vent accidental contact with wires leading to the fire-works. Control panels powered by commercial powermay be used, provided that an isolation transformer isused. The transformer shall be located within the fir-ing unit or elsewhere in the firing system.

3308.6.4 Ground display pieces. Ground display piecesshall be positioned and discharged in compliance with thefollowing requirements:

1. Combustible materials located beneath ground dis-play pieces shall be wet down before the display.Vegetation within 50 feet (15 240 mm)2 shall beremoved as set forth in Section 304.1.2.

2. Poles for ground display pieces shall be securelyplaced and braced so that they maintain the properposition when fireworks are displayed.

3308.6.5 Fireworks discharge. The discharge of fireworksshall be conducted in compliance with the followingrequirements:

1. All persons conducting the fireworks display shallwear clothing and protective gear in compliance withthe requirements of the regulations of the UnitedStates Department of Labor, as set forth in 29 CFRPart 1910.

2. Communication shall be maintained at all timesbetween the certificate of fitness holders for fire-works display and the command post.

3. No fireworks shall be discharged if any person is at anunsafe distance from the point of discharge. The cer-tificate of fitness holders for firework displays shallensure that all persons have moved a safe distanceaway from such mortar or ground display piecebefore firing it.

4. No more than 100 shells may be ignited by a singlefuse.

5. Control panel operation.

5.1. The control panel and all cables, junctions,and attached electric matches shall be visuallyinspected immediately prior to the display.The control panel shall not be in “test” statusor “arm” status during this inspection.

5.2. Mortars shall be connected to the controlpanel and the circuit tested only after all theshells have been loaded into the mortars andall electric matches are connected to the fuses.Ground display pieces shall be connected tothe control panel and the circuit tested only af-ter the fireworks have been loaded onto thedisplay.

5.3. No person shall be in the discharge site whenany circuit testing is performed.

5.4. If the testing of the circuits indicates a prob-lem, the certificate of fitness holder for fire-works display shall reinspect any cables,connections, or electric matches and correctthe problem. This reinspection shall be per-formed only after the control panel has beenswitched off or disconnected from the powersource.

5.5. Only such fireworks contractor personnel asare necessary for the proper and safe opera-tion of the display and department representa-tives shall be allowed at the control panelwhen fireworks are being discharged.

5.6. No person shall be in the discharge site whenfireworks are being discharged. The certifi-cate of fitness holder conducting an electri-cally-fired display shall personally visuallycheck the discharge site prior to commencinga display to ensure that the area is clear of allpersons, and shall not commence the display,



or shall discontinue it, at any time persons areobserved within such area.

5.7. The control panel shall be switched off and allcables disconnected after the conclusion ofthe display, prior to any cleanup or other workin the discharge site.

3308.6.6 Offshore displays. Offshore firework displaysshall be conducted in compliance with the followingrequirements:

1. Offshore firework displays shall be conducted inaccordance with the requirements of this chapterexcept as they may be inconsistent with this section.

2. Offshore firework displays shall be conducted from abarge maintained at a fixed position, as designated onthe firework display permit. No fireworks shall bedischarged from any tugboat or other vessel or plat-form.

3. Only fireworks to be discharged during the displayshall be allowed on the fireworks barges. Storage ofexcess fireworks on the barges is prohibited.

4. Fireworks to be used in an offshore fireworks displayshall be installed, loaded and fused in the presence ofdepartment representatives while the barge is mooredat a lawful and safe location in New York City accept-able to the department. The department may authorizesuch installation, loading and fusing at a mooring out-side of New York City at a location acceptable to thedepartment. No installation, loading or fusing shall beconducted on the barge after the barge departs from itsmooring. Department representatives shall accom-pany the barge from its mooring to the display site.

5. The fireworks display barge shall be towed into posi-tion by a tugboat authorized to operate in New YorkCity. The tugboat shall be under power at all timesduring the display, so that all necessary maneuveringof the barge can be effected. The tugboat shall beequipped with an instrument to measure the distanceto the shore to enable the tugboat to ascertain andmaintain its position.

6. Barge design and construction. Barges used in con-junction with firework displays shall be designed,constructed and maintained in compliance with thefollowing requirements:

6.1. Only steel barges acceptable to the UnitedStates Coast Guard shall be used as fireworksdisplay barges.

6.2. Fireworks display barges shall bear durablesigns on both sides reading “Fireworks—StayClear.” The lettering shall be at least 18 inches(457 mm)2 high in red on a white background.

6.3. The control panel shall be located on the fire-works display barge.

6.4. Fireworks display barges shall be providedwith suitable barriers constructed and ar-ranged so as to protect the control panel, per-

sons at the control panel, and the tugboat frommisfired shells, fireworks and falling debris.

6.5. Railings shall be provided around the controlpanel area to prevent persons from fallingoverboard.

7. All personnel on board the fireworks barge or tugboatshall wear United States Coast Guard approved lifepreservers.

8. Department representatives shall be present on thefireworks barge and the tugboat at all times during afireworks display.

9. Conduct of the display. Offshore firework displaysshall be conducted in compliance with the followingrequirements:

9.1. All fireworks shall be discharged and directedin such a manner that any falling debris,sparks or embers will not land upon the shore,or a wharf, pier, bulkhead or other structure.

9.2. Reloading of mortars during the display isprohibited.

9.3. Communication shall be maintained at alltimes between the certificate of fitness hold-ers for fireworks display conducting the dis-play, the tugboat pilot and the command post.

9.4. One certificate of fitness holder for fireworksdisplay shall be responsible for monitoringthe position of the barge and the trajectory ofthe fireworks and the fireworks debris, andcommunicating to department representativesany change in wind direction or other condi-tion requiring repositioning of the barge orother safety measure. Such certificate of fit-ness holder shall have no other duties duringthe display.

3308.7 Handling. Aerial shells shall be carried to mortars bythe shell body. Shells shall never be held by their fuses exceptwhen they are being loaded into mortars. For the purpose ofloading mortars, aerial shells shall be held by the thick portionof the fuse and carefully loaded into mortars.

3308.8 Supervision and department monitoring. Fireworksdisplays shall be conducted by a company holding a fireworkscontractor certificate, and under the personal supervision oftwo certificate of fitness holders for firework displays as setforth in Section 3301.5.2, and shall be subject to monitoring bythe department as set forth in this section.

3308.8.1 Department monitoring. The commissioner mayrequire department personnel and equipment to monitor thedelivery, unloading, loading, and discharge of fireworks,and post-display site safety measures upon a determinationthat the presence of such monitoring is in the interest of pub-lic safety.

3308.8.1.1 Loading and unloading. Fireworks dis-plays, including all unloading of transport vehicles, load-ing and fusing of mortars and ground display pieces, anddischarging of fireworks, shall be conducted in the pres-ence of one or more representatives of the department.



3308.8.1.2 On scene directions. The fireworks contrac-tor’s personnel, the certificate of fitness holders conduct-ing the display, and all other persons at the display siteshall comply with the directions of department represen-tatives, including any requirement different from or inaddition to those set forth in the fireworks display permit,when, in the judgment of the department representative,such different or additional requirement is necessitatedby a change in site or weather conditions or is otherwisenecessary to ensure the safe conduct of the display.

3308.8.1.3 Delays and cancellations. No fireworks dis-play shall commence until approval has been given bythe department representatives on the scene. Departmentrepresentatives may delay commencement of the dis-play, or suspend or cancel the display, upon a determina-tion that such action is in the interest of public safety, byreason of weather or other site conditions, the use ofunapproved equipment or shells, the improper installa-tion or unsafe operation of the display, the presence ofany unauthorized person within the discharge site, thefailure of any person to comply with the directions of thedepartment representatives, or other good cause. In nocase shall a display commence or continue when windvelocity exceeds 30 miles per hour (48.28 km per hour).

3308.8.1.4 Command post. The representative of thefireworks contractor overseeing the conduct of the dis-play shall provide a command post from which the fire-works display may be monitored by departmentrepresentatives and a representative of the fireworks con-tractor responsible for the conduct of the display. Suchcommand post shall be located onshore, in an areaacceptable to the department that is outside of the dis-charge site, display site and viewing areas, and that hasan unobstructed line of sight to such areas.

3308.8.1.5 Communication. The representatives of thefireworks contractor overseeing the conduct of the dis-play shall be present at the command post prior to thescheduled time of the fireworks discharge, and shall be inradio or telephone contact with the certificate of fitnessholders conducting the display, the spotter, and for off-shore displays, the tugboat pilot. Such representativeshall relay to such personnel or pilot any directions ofdepartment representatives concerning the fireworks dis-play, including authorization to commence the display.No fireworks display shall be authorized to commenceuntil such representative is present at the command post.

3308.8.2 Spotter. At least one fireworks contractoremployee shall be designated as the spotter, whose soleresponsibility during the display shall be to watch the flightand behavior of the shells and to notify department repre-sentatives of any dangerous conditions occurring during thedisplay, such as hazardous debris falling into the audience.The spotter shall be in direct radio or telephone communica-tion with the command post.

3308.8.3 Discharge height. The maximum height of dis-charge shall be determined by the United States FederalAviation Administration for each display. In no case shall

any shell break at a height greater than 1,200 feet (365 760mm) above sea level.

3308.9 Post-display site safety measures. Immediately uponconclusion of the fireworks display, the certificate of fitnessholders shall conduct an inspection of the display site, includ-ing each mortar or other device used to discharge fireworks, forthe purpose of locating unexploded fireworks. This inspectionshall be conducted before public access to the site is permitted.Certificate of fitness holders conducting a nighttime displayshall conduct a daylight search of the display site at the nextsunrise. The certificate of fitness holder shall keep a record ofall aerial shells that fail to fire.

3308.9.1 Post-display inspection affidavit. The certificateof fitness holders conducting any fireworks display shall,within 24 hours of the completion of the display, submit tothe department a notarized post-display affidavit attesting tothe fact that the area was found to be free and clear of anyfireworks or other explosive materials or devices.

3308.10 Disposal. Any fireworks found during the inspectionrequired in Section 3308.9 shall not be handled until at least 15minutes have elapsed from the time the fireworks were fired.The fireworks shall then be doused with water and allowed toremain for at least 5 additional minutes before being placed in aplastic bucket or fiberboard box and disposed of lawfully inaccordance the manufacturer’s instructions.

3308.11 Reserved.

3308.12 Fees. Fees for firework displays shall be as set forth inAppendix A.

1. The department shall bill the fireworks contractor for thetime spent by department representatives inspecting ormonitoring the fireworks display, including the unload-ing, installation, loading and discharge of the fireworks,post-display site safety measures, and any travel timeand expenses associated with such inspection and moni-toring at a mooring outside of New York City.

2. The department shall bill the sponsor after a fireworksdisplay for the assignment of any departmentfirefighting apparatus.

SECTION FC 3309SPECIAL EFFECTS

3309.1 Scope. The storage, handling and discharge or other useof any material, article or device of an explosive, flammable, orcombustible nature used to create a special effect, including anypyrotechnic material, article or device, fireworks, 1.4G, and openflames, shall be in accordance with this section, the rules andNFPA 1126.

3309.2 Prohibited conduct. It shall be unlawful to:

1. Store, handle, discharge or otherwise use any material,article or device of an explosive, flammable, or combus-tible nature used to create a special effect, without a spe-cial effects permit or production company special effectspermit issued pursuant to this section.

2. Conduct a special effect inside a building or otherenclosed structure if the materials, articles or devices



➡

used to create such special effects contain or use anti-mony, arsenic, cadmium, chromium, lead, mercury,naphthalene, nickel, selenium, or zinc, in amountsgreater than trace quantities.

3309.3 General requirements. Materials used to create a spe-cial effect shall be stored, handled and used in accordance withSections 3309.3.1 through 3309.3.7.

3309.3.1 Use of minimum amount necessary. The quan-tity of material, article, or device used in a special effectshall be no greater than necessary to produce the desiredspecial effect.

3309.3.2 Demonstration. The commissioner may require ademonstration of the materials, articles or devices used tocreate a special effect.

3309.3.3 Monitoring. The commissioner may requiredepartment personnel and apparatus to monitor the prepara-tion and conduct of a special effect upon a determinationthat such monitoring is in the interest of public safety.

3309.3.4 Limitation on quantity stored. The commis-sioner may prescribe the maximum quantity of specialeffects material, article or device allowed to be stored in anyapproved storage facility. The location and design of thestorage facility shall be approved by the commissioner.

3309.3.5 Temporary storage. For temporary storage, spe-cial effects materials, articles or devices shall remain in theirapproved containers until required for use.

3309.3.6 Prompt use. The time between removal from stor-age and use shall be the shortest time practicable.

3309.3.7 Access to storage facility. Pyrotechnic materials,articles or devices shall not be left unattended, except in asecured storage facility. Unauthorized access to the storagefacilities shall be prevented either through the means of alocking mechanism or through continuous supervision.

3309.4 Special effects permit. Except as otherwise providedin Section 3309.5, a special effects permit shall be obtained foreach display or other event involving the conduct of a specialeffect by the sponsor of the display or other event or, with thesponsor’s written authorization, by a person holding a certifi-cate of fitness for special effects issued pursuant to this section.A special effects permit shall be issued in the name of the appli-cant and shall specify the name of the sponsor, the date, timeand location of the display or other event, the number and kindof pyrotechnic articles or devices to be discharged or otherwiseused, or other materials, articles or devices used to create thespecial effects, and such other terms and conditions as the com-missioner may prescribe as necessary or appropriate for thesafe conduct of the display or other event.

3309.4.1 Site inspection. The department may conduct aninspection of the special effects display site and its sur-roundings, prior to issuance of a permit and/or prior to thespecial effects operation. Representatives of the applicantshall attend any such site inspection and cooperate with thedepartment in determining the suitability of the site for theproposed special effects operation, and, if suitable, appro-priate separation distances and other safety measures. Theapplicant shall arrange for access by department representa-

tives to the display site, for purposes of the site inspectionand during the special effects operation.

3309.4.2 Permit applications. The commissioner shallreview each application for a special effects permit and shallgrant such application only if the commissioner is satisfiedthat the display or other event can be safely conducted. Per-mit applications shall contain a special effects display plan,including the following information and such other infor-mation and documentation as the commissioner may pre-scribe:

1. The name of the person, group, or organizationresponsible for the special effects display.

2. The date, time and exact location of the display orother event.

3. The written authorization of the sponsor of the dis-play or other event.

4. A description of the special effects to be created.

5. The amount and types of the pyrotechnic material,articles or devices to be discharged or otherwiseused or stored for use, or other materials, articles ordevices to be used or stored for use in creating thespecial effects.

6. The name of all persons personally supervising thetemporary storage, handling and discharge or otheruse of the materials, articles or devices used to con-duct the special effects and their certificate of fitnessnumbers.

7. The names, ages and duties of all assistants who willbe present in connection with the special effects.

8. A dimensional diagram of the area where specialeffects are to be conducted that includes the follow-ing information:

8.1. The location at which the materials, articles ordevices used for the special effects are to bedischarged or otherwise used and stored foruse.

8.2. Location of audiences, performers and sup-port personnel in relation to the special ef-fects, and the duties of the performers andsupport personnel in connection with the spe-cial effects.

8.3. If using pyrotechnic article or device, the fall-out radius for each article or device.

8.4. If the special effects are displayed in front ofan audience or bystanders, the lines behindwhich the audience or bystanders shall be re-strained.

8.5. Such other information as the commissionermay prescribe relating to the safe conduct ofthe display or other event.

9. The manner, place, and quantity of storage for thematerials, articles or devices to be used in creatingthe special effects.



10. Certifications that the set, scenery, curtains, and rig-ging materials are inherently flame-retardant orhave been treated to achieve flame resistance.

3309.4.3 Applicant responsibility. The applicant for a spe-cial effects permit shall be responsible for the safe conductof the display or other event including:

1. Arranging for the preparation and submission of thespecial effects display plan, and obtaining the specialeffects permit.

2. Obtaining any necessary permit or authorization,including any permit or authorization required by theUnited States Coast Guard, the Department of Parksand Recreation, the Port Authority of New York andNew Jersey, and the United States Federal AviationAdministration.

3. Ensuring compliance with all applicable laws, rulesand regulations, including the federal, state and locallaws, rules and regulations governing the transporta-tion of explosives and other hazardous materials, andthe permit, labeling and fire protection requirementsthereof.

4. Ensuring adequate facilities, fire protection, andstaffing by qualified personnel, including the certifi-cate of fitness holder required by this section.

5. In conjunction with the sponsor, ensuring mainte-nance of viewing areas at a safe distance from thelocation of the special effects discharge, and otherappropriate safety and crowd control measures, asprescribed by the commissioner.

6. Ensuring compliance with the directions of depart-ment representatives.

7. Obtaining a liability and casualty insurance policy asset forth in Section 3301.2.4(4).

8. Ensuring that the site of the display or other event isleft in a safe condition.

3309.5 Production company special effects permit. Thecommissioner may issue a production company special effectspermit to a television, motion picture or theatrical productioncompany that regularly conducts special effects at a designatedlocation within a specific building or structure in accordancewith Sections 3309.5.1 through 3309.5.4.

3309.5.1 Permit limitations. A production company spe-cial effects permit shall authorize the permit holder to con-duct certain special effects at one or more designatedlocations within a specific building or structure for a speci-fied period of time, not to exceed one year, without obtain-ing special effects permits for each display or other event,and shall authorize the permit holder to store in a centralstorage facility the materials, articles or devices used to cre-ate such special effects.

3309.5.2 Permit conditions. A production company spe-cial effects permit shall specify the number and kind ofmaterials, articles or devices to be used and stored for use,and shall set forth such other terms and conditions as thecommissioner may prescribe for the safe conduct of the spe-

cial effects or the storage of such materials, articles ordevices at such locations.

3309.5.3 Permit applications. The commissioner shallreview each application for a production company specialeffects permit and shall grant such application only if thecommissioner is satisfied that the production company canmeet the requirements of this section. Permit applicationsshall contain a special effects display plan, including the fol-lowing information and such other information and docu-mentation as the commissioner may prescribe:

1. The address of the designated building or structureand the specific location or locations within suchbuilding or structure at which the special effects orother events are to be conducted.

2. A description of the type of productions in connectionwith which special effects are to be conducted.

3. A plan of the layout of each special effects location,including the arrangement of any set, scenery, rig-ging, or equipment, and the proximity of the personsconducting the special effects and any assistants, per-formers, or audience.

4. A description of the special effect to be created.

5. The amount and types of the pyrotechnic material,articles or devices to be discharged or otherwise usedor stored for use, or other materials, articles or devicesto be used or stored for use in creating the specialeffects.

6. The frequency with which the special effects are to beconducted.

7. The names of all persons personally supervising thestorage, handling and discharge or other use of thematerials, articles or devices used for the specialeffects and their certificate of fitness numbers.

8. Design and installation documents for the centralstorage facility in which the materials, articles ordevices used to create the special effects are to bestored.

3309.5.4 Permit holder responsibilities. A productioncompany special effects permit holder shall be responsiblefor the safe conduct of the special effects and the safe stor-age and handling of all materials, articles or devices usedtherefore, in the manner prescribed by the commissioner,including:

1. The construction and maintenance of a central storagefacility in compliance with all applicable federal,state and local laws, rules and regulations, includingall permit and fire protection requirements, and ensur-ing adequate security of such facility.

2. Ensuring compliance with all applicable laws, rulesand regulations, including the federal, state and locallaws, rules and regulations governing the transporta-tion of all pyrotechnic materials, articles and devicesand all other materials, articles or devices of an explo-sive, flammable, or combustible nature, and the per-mit, labeling and fire protection requirements thereof.



3. Ensuring that all special effects are conducted by aperson holding a certificate of fitness for specialeffects, and all materials, articles or devices for suchpurpose are handled and stored by or under the super-vision of such a person, as required by this section.

4. Ensuring compliance with the directions of depart-ment representatives.

5. Obtaining a liability and casualty insurance policy asset forth in Section 3301.2.4(4).

3309.6 Storage permit. Except as otherwise provided in Sec-tion 3309.5, it shall be unlawful to store for use in a specialeffects display or other event any material, article or device ofan explosive, flammable, or combustible nature, including anypyrotechnic material, article or device and fireworks, 1.4G,without a permit issued pursuant to this section.

3309.7 Sales pyrotechnic supplier certificate. It shall beunlawful to sell any pyrotechnic material, article or devicedesigned to create a special effect or to exhibit any such mate-rial, article or device for sale without a pyrotechnic suppliercertificate issued pursuant to Section 3301.5.3.4, and suchmaterials, articles and devices shall be sold or offered for saleonly to a person holding a certificate of fitness for pyrotechnicspecial effects issued pursuant to this section or to a productioncompany holding a production company special effects permitissued pursuant to this section, and only in conjunction with aspecial effects display or other event for which a permit hasbeen issued pursuant to this section.

3309.8 Supervision. Special effects, including the storage,handling and use of pyrotechnic and other special effects mate-rials, articles and devices, shall be supervised as set forth inSection 3301.5.

3309.9 Fire protection requirements. Fire protection shall beprovided in connection with special effects as set forth in Sec-tions 3309.9.1 through 3309.9.3.

3309.9.1 Portable fire extinguishers. At least two portablefire extinguishers of the proper classification and size appli-cable to the hazard associated, shall be readily accessiblewhile the special effects materials, articles or devices arebeing handled.

3309.9.2 Out of service3. When the conduct of a specialeffects display requires that a fire protection device, equip-ment or system be placed out of service3 to avoid a falsealarm, the out-of-service procedures, as set forth in Chapter9, shall be observed. The impairment coordinator shallensure that the device, equipment or system is returned tonormal operating condition upon completion of the specialeffects display or as soon as the likelihood of false alarm haspassed.

3309.9.3 Obscuring egress. Special effects shall not gener-ate a quantity of smoke or mist that would obscure the visi-bility of exit signs or paths of egress travel.

3309.10 Product information. The commissioner mayrequire the applicant to submit the following information

regarding the materials, articles and devices to be used in con-nection with any special effects:

1. The name, address, and phone number of the manufac-turer.

2. The name of the product and a description of its effect oruse.

3. The performance characteristics, such as duration,height, and diameter of the special effects created.

4. A material safety data sheet (MSDS) for the specialeffect materials.

5. If a pyrotechnic article or device is used, whether the arti-cle or device is intended for indoor use and whether it isto be used with any cautions or special considerationsand instructions for the proper method of placing, load-ing, and using the device.

3309.11 Pyrotechnic material storage. The storage of pyro-technic material, articles and devices shall be as set forth inSections 3309.3, 3309.11.1 and 3309.11.2.

3309.11.1 Compliance with federal regulations. All pyro-technic materials, articles or devices shall be stored inaccordance with regulations of the Bureau of Alcohol,Tobacco, Firearms and Explosives of the United StatesDepartment of Justice, as set forth in 27 CFR Part 555,Subpart K.

3309.11.2 Ignition sources. Pyrotechnic materials, articlesor devices shall not be stored within 50 feet (152 400 mm) ofany unprotected source of heat or open flame.

3309.12 Pyrotechnic material separation distances. If apyrotechnic material, article or device is used to create a specialeffect before an audience or bystanders, the distance to theaudience or bystanders shall be as set forth in Sections3309.12.1 through 3309.12.3.

3309.12.1 Fallout radius separation. Each pyrotechnicmaterial, article or device discharged or otherwise used tocreate a special effect shall be separated from any audienceor bystanders by not less than twice the fallout radius of thedevice or 15 feet (4572 mm), whichever is greater.

3309.12.2 Concussion mortar separation. Concussionmortars shall be separated from the audience and bystandersby a minimum of 25 feet (7620 mm).

3309.12.3 Flaming particle separation. There shall be noglowing or flaming particles within 10 feet (3048 mm) ofthe audience or bystanders.

3309.13 Special effects safety precautions. Pre-firing safetyprecautions for pyrotechnic materials used to create a specialeffect shall be in accordance with Sections 3309.13.1 through3309.13.9.

3309.13.1 Mounting. Special effects materials, articles ordevices shall be mounted in a secure manner to ensure thatwhen they are discharged or otherwise used they maintainthe proper position in accordance with the approved permitapplication.



3309.13.2 Performer protection. Where a special effectsmaterial, article or device is placed on or in contact with aperformer’s body, appropriate shielding or other form ofprotection adequate to prevent any injury to the performershall be provided. This protection shall be sufficient to pro-tect against the normal functioning of the special effectsmaterial, article or device, as well as any possible malfunc-tion.

3309.13.3 Security. The area where the special effects is tooccur shall be secured from entry by unauthorized personalonce the special effects material, article or device has beenplaced in position.

3309.13.4 Communication. Special effects materials, arti-cles or devices shall be discharged or otherwise used onlywhen the area wherein the effect is to occur is in clear viewof the certificate of fitness holder for such special effects orin the clear view of a trained and knowledgeable assistantwho is in direct communication with such certificate of fit-ness holder. Such communication may be accomplishedthrough the use of lights or other nonverbal signals.

3309.13.5 Container condition. The certificate of fitnessholder shall inspect the containers in which special effectsmaterials, articles or devices have been shipped. Damagedspecial effects materials, articles or devices shall not be usedand shall be promptly removed from the premises and dis-posed of lawfully.

3309.13.6 Protective clothing and equipment. All per-sons handling and using special effects materials, articles ordevices shall wear protective clothing and gear appropriateto the hazard in accordance with the regulations of theUnited States Department of Labor.

3309.13.7 Final inspection. Immediately before any spe-cial effect, the certificate of fitness holder shall conduct afinal inspection of all components of the special effects,including wiring, electrical connections and special effectsmaterials, articles or devices, to ensure that they are inproper working order and to verify that all required safetydistances are maintained.

3309.13.8 Wiring placement. Special effects materials,articles or devices shall be placed and wired in a mannerdesigned to minimize the risk of performers and others.

3309.13.9 Disposal of unused special effects material. Allspecial effects materials, articles and devices not needed forthe conduct of the special effects shall be promptly returnedto the storage facility prior to the conduct of the specialeffects. All unused special effects materials articles ordevices shall be promptly returned to the storage facilityafter the special effects display.

3309.14 Pyrotechnic safety precautions. Any special effectsusing a pyrotechnic special effects material, article or deviceshall be conducted in accordance with Sections 3309.13, and3309.14.1 through 3309.14.7.

3309.14.1 Projectile restrictions. No pyrotechnic mate-rial, article or device shall be discharged in a manner thatprojects an article or device or debris therefrom above theaudience or bystanders or causes damage to the premises.

3309.14.2 Mortar construction. Mortars and flash potsshall be constructed so that they are not damaged by the dis-charge or other use of the pyrotechnic material, article ordevice. Damaged mortars and flash pots shall not be used.Converted electrical switch boxes, lamp sockets, lamp hold-ers, plug fuses, or other similar thin-walled, brittle devicesshall not be used for concussion mortars or flash pots.

3309.14.3 Flare placement. Flares shall be placed so thatany debris falls into a safe, flame-resistant area.

3309.14.4 Securing of rotating devices. Rotating pyro-technic materials, articles or devices, such as wheels andsaxons, shall be mounted securely so that their rotation doesnot cause the holder to fail.

3309.14.5 Securing of rockets. Where rockets arelaunched before a proximate audience, performers, or sup-port personnel, the rockets shall be attached securely to aguide wire or cable with both ends securely attached andplaced on an impact-resistant surface located at the terminalend of the guide. This guide wire or cable shall be of suffi-cient strength and flame resistance to withstand the exhaustfrom the rocket. An effective arrangement to stop the rocketshall be provided.

3309.14.6 Security. Firing systems shall not be left unat-tended while connected to loaded pyrotechnic materials,articles or devices, unless such systems are disconnectedfrom their power source and have a removable activator,keyswitch, or coded arming system.

3309.14.7 Firing safeguards. Pyrotechnic materials, arti-cles or devices shall be discharged only from equipmentspecifically constructed for that purpose. All firing systemsshall be designed to ensure against accidental discharge byproviding at least a two-step interlock in which the firingcircuit cannot be activated unless the operator intentionallyenables or arms the firing system and deliberately activatesthe circuit.

3309.15 Special effects post-discharge safety measures.Safety measures shall be implemented after the discharge ofspecial effects as set forth in Sections 3309.15.1 and 3309.15.2.

3309.15.1 Post-discharge inspection. At the earliestopportunity after the discharge of special effects, the certifi-cate of fitness holder shall verify that the pyrotechnic mate-rials, articles or devices have discharged, consumed orotherwise operated properly. Any special effects materials,articles or devices that have not operated properly shalleither be immediately discharged or otherwise used inplace, or immediately removed from the performance areaand disposed of lawfully.

3309.15.2 Final inspection. The certificate of fitnessholder shall ensure that all special effects materials, articlesand devices are removed from the premises after the perfor-mance in which the special effects was conducted.

3309.16 Open flames. Where approved, open flames may beused in connection with theatrical performances when ade-quate safety precautions have been taken in accordance withNFPA 160.



3309.17 Storage of other special effects materials. A mate-rial, article or device of an explosive, flammable or combusti-ble used to create special effects shall be stored in compliancewith the storage requirements for the particular material, articleor device as prescribed in this code, the rules and other applica-ble laws, rules and regulations.

3309.18 Storage of special effects materials in televisionstudios. The storage in television studios of special effectsmaterials, articles and devices, including pyrotechnic materi-als, articles and devices, shall be in accordance with the rules.

3309.19 Storage for sale of pyrotechnic materials. Pyrotech-nic suppliers storing pyrotechnic materials, articles anddevices for sale shall store such pyrotechnic materials, articlesand devices in an approved facility.



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