CHAPTER Saf-C 5000 DISPLAY FIREWORKS
Revision Note:
Document
#6055, eff 7-1-95, readopted with amendments and renumbered Parts Saf-C 1640
through Saf-C 1665 as Chapter Saf-C 5000.
The prior filings for former Saf-C 1640 through Saf-C 1665 include the
following documents:
#4584,
eff 3-3-89
#5429,
eff 6-25-92
#5996,
INTERIM, eff 3-3-95, EXPIRES, 7-1-95
#6054,
eff 7-1-95
PART Saf-C 5001
SCOPE
Saf-C 5001.01 Applicability. These rules shall apply to the storage,
handling, transportation, inspection, administration and use of display
fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5001.02 Exceptions.
(a)
These rules shall not apply to:
(1) The transportation of display fireworks that
are under the jurisdiction of the Hazardous Materials Regulation Board of the
U.S. Department of Transportation (DOT); and
(2) The transportation and use of military
display fireworks by federal and state military departments or federal, state
and municipal police departments while in the performance of their duties.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
PART Saf-C 5002
DEFINITIONS
Saf-C 5002.01 "Applicant" means any person
requesting a permit.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.02 "Application" means a
written request from an applicant to display fireworks or special effects.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.03 "Approved" means
approved by the director of state police.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.04 "Authorized signer" means an
individual who, as a representative of a person, firm, corporation, or association
is allowed to purchase display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C
5002.05 RESERVED
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; rpld by #7481, eff 4-25-01
Saf-C
5002.06 "Display" means an
exhibition in which there is the firing off, deflagration or detonation of
fireworks, including ground or aerial pieces, or special effects.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.07 "Display fireworks" means display
fireworks as defined by RSA 160-B:1, X.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01 (formerly Saf-C
5002.10), EXPIRED: 4-25-09
New. #9471,
INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C
5002.08 "Director" means the
director of the
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.09 "Explosive" means any chemical
compound, mixture, or device, the primary or common purpose of which is to
function by explosion and includes, but is not limited to:
(a)
Dynamite;
(b)
Black powder;
(c)
Pellet powder:
(d)
Initiating explosives;
(e)
Detonators;
(f)
Safety fuses;
(g)
Squibs;
(h)
Detonating cord;
(i)
Igniter cord;
(j)
Igniters; and
(k)
Display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New.
#9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5002.10 "Finale" means the ignition of one
or more single shot mortars to conclude the display.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.11 "Highway" means any
public street, public alley, public road, or public way.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.12 "Inhabited buildings"
means a building or structure regularly used in whole or part as a place of
human habitation. The term also includes any church, school, railway, passenger
station, airport terminal for passengers, and any other building or structure
where people are accustomed to congregate or assemble, but excludes any
building or structure occupied in connection with the manufacture,
transportation, storage and use of explosive materials.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.13 "Magazine" means any building or
structure other than an explosives manufacturing building, approved for the
storage of explosives, which can be either mobile or permanent.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New.
#8261, eff 1-21-05
Saf-C
5002.14 "Marshal" means the
state fire marshal.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.15 “Mortar” means the pipe or tube from which
the display fireworks shells are fired.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New.
#9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C
5002.16 "Motor vehicle" means
“motor vehicle” as defined in RSA 259:60.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.17 "Operator" means the individual
person who fires off, discharges, deflagrates or detonates fireworks or special
effects and who has been issued a certificate of competency from the director
of state police.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.18 "Organization" means
any association, society or organized group of persons.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.19 "Permit" means a written
authorization for the display of display fireworks.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New.
#9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5002.20 "Person" means any individual,
firm, partnership, corporation, company, association, joint stock association
including any trustee, receiver, assignee or personal representative thereof.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.21 "Public conveyance"
means any railroad car, streetcar, ferry, cab, bus, airplane or other vehicle
which carries passengers for hire.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.22 "Pyrotechnic" means any
combustible or explosive compositions or manufactured articles designed and
prepared for the purpose of producing audible or visible effects.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.23 "Pyrotechnics" means
the display of fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.24 "Pyrotechnics
composition" means any combination of chemical elements or chemical
compounds capable of burning independently of the oxygen and the atmosphere.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.25 "Pyrotechnic device"
means any combination of materials, including pyrotechnic compositions which,
by the agency of fire, produce an audible, visual, mechanical or thermal
effect.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.26 "Sell" means to
barter, exchange, give or to offer, with or without consideration, and each
such transaction made by any person whether as principal, proprietor, agent,
servant, or employee.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5002.27 "Shell" means display fireworks
designed to be set off within a mortar or firing tube.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471,
INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5002.28 "Special effects" means visual or sound effects introduced
during a theatrical or musical production with or without an audience.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.29 "Use" means the method
or manner by which explosive materials are handled and employed, but does not
include storage.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5002.30 "Vessel" means a
barge, ship, or boat utilized for carrying persons or cargo upon water.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5003 CERTIFICATES OF COMPETENCY
FOR THE DISPLAY OF DISPLAY FIREWORKS
Saf-C 5003.01 Certificate Required. No display of display fireworks shall be
conducted unless at least one person with a current certificate of competency
for the display of display fireworks is physically present at all times during
the setting up, loading and firing of the display. The person with a current
certificate of competency shall oversee and assure that the display is being
conducted in a safe and secure manner.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5003.02 Certificates of Competency.
(a)
The director, upon application of any natural person, shall issue a certificate
of competency to such person to conduct display fireworks displays if the
director determines that the applicant is qualified in the safe use of display
fireworks, as provided in Saf-C 5003.03.
(b)
Certificates of competency for display of display fireworks shall be
valid for 4 years from the date of issue unless suspended or revoked by the
director.
(c)
Certificates of competency for conducting blasting operations issued
under RSA 158:9-f and Saf-C 1604 shall not be valid for the display of display
fireworks.
(d)
No certificate of competency shall be assigned or transferred.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (d)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (d) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
Saf-C
5003.03 Minimum Requirements.
(a) An applicant for a certificate of competency
shall meet the following minimum requirements:
(1) Compliance
with the application procedures set forth in Saf-C 5003.04;
and
(2) Pass a written competency test administered
by the director.
(b) If an applicant cannot read or write, the
written competency test shall be administered orally by the director or his/her
designee.
(c)
The competency test cited in (a)(2) above, shall test the person's
knowledge of the rules and the general procedures for display of display
fireworks.
(d) For the purposes of (a)(2) above, an
applicant shall receive 8 or less wrong answers in order to pass the test.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a), (b)
and (d) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a),
(b) and (d) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM,
eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5003.04 Application Procedures.
(a)
Any person who wishes to apply for a certificate of competency for the
display of display fireworks shall:
(1) Meet the age requirement set by RSA 160-B;
(2) Appear in person at the
a. Obtain a photo identification; and
b. Submit to a written examination;
(3) Supply proof of identification such as a
valid driver's license or birth certificate;
(4) Submit a completed application, form DSSP
165, to the director;
(5) Have been present and assisted an endorser
with the display of display fireworks
for a combined amount of at least 10 separate displays comprising of a minimum
each of 100 shells of 3 inches in diameter or larger;
(6) Make payment of the fee as specified in RSA
158:9-c; and
(7) Supply the endorsement of at least 2 persons
who shall:
a. Hold a valid certificate of competency for
the display of display fireworks;
b. Attest that the applicant was present and
assisted the endorsers with the display of display fireworks, pursuant to (5)
above; and
c. Make an endorsement on a form supplied by the
department which shall include:
1. Date of each of the display;
2. Time of each of the display;
3. Location of each of the display;
4. Number and size of shells; and
5. Specific duties of the applicant.
(b) Applicants shall supply on form DSSP 165 the
following:
(1) Name, address and date of birth of applicant;
(2) Applicant's present employer, and position;
(3) Employer's address;
(4) Whether applicant holds a license or
certificate of competency to conduct fireworks displays from another state, and
if so, the state and the license number;
(5) Whether a license or certificate of
competency has ever been denied, and if so, an explanation;
(6) Whether any previous license or certificate
of competency has ever been revoked or suspended, and if so, an explanation;
(7) Any criminal record that has not been
annulled;
(8) Citizenship status;
(9) Number of years engaged in actual fireworks
display;
(10) Companies, municipalities or other
organizations that applicant has worked for in this capacity;
(11) Whether applicant is under indictment for a
crime punishable by imprisonment for more than one year, and if so, an
explanation stating the specific charge, the date of the charge, and the court
of jurisdiction;
(12) Whether applicant is a fugitive from justice;
(13) Whether applicant is 18 years of age or
older;
(14) Whether applicant uses or is addicted to
marijuana, depressants, stimulants or narcotics;
(15) Whether applicant has ever been adjudicated
as mentally ill, or been committed to any mental institution;
(16) Certification that the information provided
on or with the form is true; and
(17) Signature under penalty of unsworn
falsification.
(c) The applicant shall sign the application
under penalty of unsworn falsification and the provisions RSA 160-B:6, X.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs
(a)(1)-(4), (6), (7)c. and (b) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff
7-14-04; paragraphs (a)(1)-(4), (6), (7)c. and (b) EXPIRED: 1-10-05; amd by
#8261, eff 1-21-05
Saf-C
5003.05 Renewal of Certificate of
Competency.
(a)
All applicants for renewal of certificates of competency shall complete
form DSSP 165.
(b)
If the renewal application is filed with the director prior to the
expiration of the certificate of competency, the renewal shall become effective
when the old certificate of competency expires.
(c)
No renewal certificate of competency shall be issued more than 30 days
before the expiration date of the current certificate of competency. If an application
for renewal is filed more than 30 days after the expiration of the old
certificate of competency, it shall be considered as an application for an
original certificate of competency.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5004 LICENSES TO STORE DISPLAY
FIREWORKS
Saf-C 5004.01 Storage Licenses. Storage licenses shall be issued to persons
qualified to engage in the storage of display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C
5004.02 Minimum Requirements.
(a)
An applicant for a storage license shall meet the following minimum
requirements:
(1) Compliance with the application procedures
set forth in Saf-C 5004.03; and
(2) Magazine(s) which comply with the magazine
provisions of these rules.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5004.03 Application Procedures.
(a) Any person who wishes to apply for an
original license to store display fireworks shall:
(1) Meet the age requirement set by RSA 160-B;
(2) Appear in person at the
(3) Supply proof of identification such as a
valid driver’s license or birth certificate;
(4) Complete the application, form DSSP 110; and
(5) Make payment of the fee as specified in RSA
158:9-c.
(b) Applicants shall submit on form DSSP 110 the
following:
(1) Whether applicant is an individual,
partnership, corporation or other;
(2) Applicant’s name, address, date of birth,
present employer;
(3) Employer’s address;
(4) Applicant’s position;
(5) If the applicant is not an individual, the
name and address of the person in charge, the address of the person signing the
application, and the date of birth of the person signing the application;
(6) Applicant’s telephone number;
(7) Whether the applicant holds a license or
certificate of competency from another state and if so, the state and license
number;
(8) Whether the applicant has ever been refused a
license or certificate of competency, and if so, an explanation;
(9) Whether the applicant has ever had a license
or certificate of competency revoked or suspended, and if so, an explanation;
(10) Whether the applicant has a criminal record,
and if so, an explanation;
(11) Whether applicant is an American citizen;
(12) Number of years applicant has been engaged in
actual blasting;
(13) All the companies, municipalities or other
organizations applicant has worked for;
(14) Whether the applicant is under indictment for
a crime punishable by imprisonment for more than one year;
(15) Whether the applicant is a fugitive from
justice;
(16) Whether the applicant is 21 years old or
older;
(17) Whether the applicant is a user of marijuana,
depressants, stimulants or narcotics;
(18) Whether the applicant has been adjudicated
mentally ill, or has been committed to a mental institution; and
(19) Certification that the information is true
and that applicant is familiar with the state laws, rules and local ordinances
relating to explosives.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(1)-(5)
and (b) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs
(a)(1)-(5) and (b) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05
Saf-C
5004.04 Renewal of License.
(a) All applicants for renewal of license shall
complete for DSSP 110.
(b) If the renewal application is filed with the
director prior to the expiration of the license, the renewal shall become
effective when the old license expires.
(c) No renewal license shall be issued more than
30 days before the expiration date of the current license. If an application
for renewal is filed more than 30 days after the expiration of the old license,
it shall be considered as an application for an original license.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5004.05 License Provisions.
(a) No person shall deliver any explosive
materials to any magazine which is not licensed in accordance with RSA 158:9-c,
or is not in compliance with the rules adopted by the commissioner.
(b) One copy of the explosive magazine license
shall be prominently displayed at the magazine and shall be available for
inspection upon requests of the director or his designee.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5004.06 Background Investigation. Pursuant to RSA 160-B:6, III-b, the
department shall conduct a background investigation to verify the information
provided on DSSP 110 and to ensure compliance with the requirements of these
rules and RSA 160-B.
Source. #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5004.07 Sole Use of Building. Pursuant to RSA 160-B:6, III-a, any building
used for the storage and/or sale of fireworks, shall be dedicated solely to the
storage and/or sale of fireworks and items relating to the sale and promotion
of fireworks as permitted by these rules.
Source. #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5004.08 Inspection. Pursuant to RSA 160-B:6, III-b, following receipt
of an application as specified in Saf-C 5004.03, the department shall conduct
an inspection of the site, including all buildings where fireworks will be sold
and/or stored to determine compliance with all applicable statutes and rules,
including Saf-C 6000.
Source. #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
PART
Saf-C 5005 LICENSE OR CERTIFICATE OF
COMPETENCY, DENIAL, SUSPENSION AND REVOCATION
Saf-C
5005.01 Denial.
(a) The issuance or renewal of any license or
certificate of competency, as set forth in Saf-C 5003.04 and Saf-C 5004.04,
shall be denied by the director for the following:
(1) Failure to comply with the licensing requirements
as set forth in Saf-C 5003 or Saf-C 5004;
(2) Noncompliance with any lawful order of the
director relative to explosives, pursuant to RSA 158:9-e, IV and RSA 158:9-f,
II;
(3) The applicant is under indictment for, or has
been convicted of, a crime punishable by imprisonment for a term exceeding one
year, which involved acts of violence, fraud, or dishonesty such as, but not
limited to, murder, assault, subversive activities, terrorism, extortion and
embezzlement;
(4) The applicant is a fugitive from justice;
(5) The applicant is an unlawful user of
narcotics or controlled drugs, or is addicted to alcohol, narcotics or
controlled drugs;
(6) The applicant advocates, or knowingly belongs
to any organization or group that advocates violent overthrow of or violent
action against any federal, state, or local government;
(7) The applicant is under the age specified in
RSA 160-B;
(8) The applicant suffers from a mental or
physical defect that would interfere with the applicant’s safe use of
explosives;
(9) Violation by the applicant of any provision
of RSA 158 or of any rule adopted thereunder; and
(10) The licensee or holder of a certificate of
competency gave false information or made any misrepresentation in order to
obtain such a license or certificate.
(b) Any person who has been denied a license or
certificate of competency may request, in writing, a hearing before the
director within 10 days of the date of such denial. The director shall extend the 10 day time
limit for good cause.
(c) Good cause shall include, but not be limited
to:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other exigent circumstance beyond the
control of the person.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5005.02 Suspension or Revocation.
(a) A license or certificate of competency shall
be suspended, for the reasons set forth in Saf-C 5005.01(a)(1), (2) or (9), or
revoked after a hearing for any of the reasons set forth in Saf-C 5005.01
(a)(3)-(8) or (10) above.
(b)
In addition to (a) above, a license or
certificate of competency shall be revoked when the director determines that an
individual is a threat to the public or the state, or any subdivision thereof
such as, but not limited to, when an individual has made threats against a
person or public building.
(c) The director shall notify the licensee or
holder of a certificate of competency in writing of the date, time and place of
the hearing which shall be scheduled at least 10 days from the date of notice. The
notice shall specify the reason why suspension or revocation is under
consideration.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5005.03 Hearing Procedures. Hearings shall be conducted by the bureau of
hearings. The hearing procedures that are followed shall be those outlined in
Saf-C 202.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5006 RECORD KEEPING AND NOTIFICATION
Saf-C 5006.01 Record Required.
(a)
No person shall sell or transfer ownership of any display fireworks
without making a record. The record shall be kept by the transferor for at
least 2 years.
(b)
The record in (a) above shall contain the following:
(1) The name and address of the receiver;
(2) The date of transfer;
(3) The type and quantity of display fireworks
sold;
(4) The serial number of the display fireworks,
if any; and
(5) If the explosive material is to be used
within the State of
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (b)(1)-(2)
and (5) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs
(b)(1)-(2) and (5) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471,
INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5006.02 Notifications.
(a) Any licensee or person who holds a
certificate of competency shall promptly notify the director of a change of
address.
(b) The loss, theft,
or unlawful removal of any display fireworks shall be reported by the licensee
to the director within 24 hours of the discovery of the loss, theft or unlawful
removal.
(c) The licensee shall notify the director prior
to placement of the location of any unattended magazine, used overnight. The
licensee shall state the estimated length of time the magazine shall be at the
location. The director shall be notified within 48 hours upon removal of the
magazine.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a) and
(c) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a) and (c)
EXPIRED: 1-10-05 ;amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff
5-15-09, EXPIRES: 11-11-09
PART Saf-C
5007 APPLICATIONS AND PERMITS FOR
DISPLAY
Saf-C 5007.01 Applications.
(a)
An application for a permit for a supervised display of display
fireworks by a municipality, an association, amusement park, other
organizations or person, shall be in writing on form DSSP 166.
(b) Applications for
display shall be submitted to the head of the fire department and to the
licensing board, or in the absence of a licensing board, to the chief of the
police department or governing board in the municipality where the display
shall be given, not less than 15 days in advance of the display.
(c) The operator of the display shall provide the
director with an approved form DSSP 166 at least 5 days prior to the intended
date of the display.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b) EXPIRED:
7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED: 1-10-05; amd
by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C
5007.02 Application for Display
Permit.
(a)
Each
applicant for a display permit shall make application on form DSSP 166.
(b)
An applicant shall submit the following on DSSP 166:
(1) Date of application;
(2) Name of sponsoring organization or
individual;
(3) Date of birth, if applicable;
(4) Complete address of sponsor;
(5) Name and address of sponsor owner or person
in charge, if other than an individual;
(6) Intended date and time of display;
(7) Name and address of person or company
furnishing the display material;
(8) Name of company issuing surety bond and
amount of coverage, if required;
(9) Name, address of operator(s) who will fire
display, and certificate of competency number;
(10) Location of proposed display;
(11) Amount and description of fireworks to be discharged
and whether manually or electrically fired; and
(12) Signature of applicant.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5007.03 Duties of Officials.
(a)
Upon receipt of the application in accordance with RSA 160-B:7, the head
of the fire department shall investigate the facts set forth in the application
and inspect the display grounds to determine if the grounds comply with these
rules.
(b)
Upon completion of the investigation and inspection, the head of the
fire department shall transmit the application with an endorsement thereon, or
reasons for withholding such endorsement to the licensing board or, in the
absence of a licensing board, to the chief of police or the governing board of
the town, city or village district.
(c)
After review of the recommendations of the head of the fire department,
the licensing board, or, in the absence of a licensing board, the chief of
police or the governing board of the town, city or village district, shall
endorse the application and grant a permit for the display or deny the
application, in accordance with RSA 160-B:7, IV.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5007.04 Application to be Transmitted. A copy of the approved application and permit
for display or the denied application and reasons for denial, shall be
transmitted to the applicant and to the director by the licensing board, chief
of police or governing board, at least 5 days prior to the intended date of the
display.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5007.05 Permits not Transferable. No permit granted for a supervised display of
display fireworks shall be transferable.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5007.06 Permits Valid for Display Date Only. Permits issued for the display of display fireworks
shall be valid only for the display date indicated on the permit. If unforeseen
conditions such as weather or high winds require a change in the display date,
the head of the fire department and the licensing board of the municipality, or
in the absence of a licensing board, the chief of police or governing body of
the municipality, shall determine whether the permit shall be extended.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5007.07 Insurance or Bonding Requirements. Each applicant for a permit to display display
fireworks shall present at the time of application, such proof of insurance or
bonding coverage as required by Saf-C 2603.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
PART
Saf-C 5008 STORAGE OF DISPLAY FIREWORKS
Saf-C 5008.01 Storage Requirements.
(a)
Display fireworks shall be kept in magazines which meet the requirements
of these rules.
(b)
An outdoor magazine used for unattended overnight storage of display
fireworks shall not be less than one cubic yard in size.
(c)
Display fireworks shall be stored in a type 4 magazine in compliance
with the rules set forth in Saf-C 5009, or in types 1, 2 or 3 as set forth in
Saf-C 1610, Saf-C 1611 and Saf-C 1612.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C
5008.02 Inspection. All storage facilities shall be subject to
periodic and unannounced inspections by the director for the purpose of
determining compliance by the licensee with these rules.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5008.03 Exceptions.
(a)
All display fireworks shall be kept in storage magazines unless they
are:
(1) In process of manufacture;
(2) Being used; or
(3) Being transported.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-0101; paragraphs
(a)(1)-(3) EXPIRED 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs
(a)(1)-(3) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05
PART
Saf-C 5009 CONSTRUCTION OF TYPE 4
MAGAZINES
Saf-C 5009.01 Structure.
(a)
A type 4 magazine may be a building, an igloo, a tunnel, a dugout, a
box, a trailer, or a semi-trailer or other mobile facility and shall be
fire-resistant, weather-resistant, and theft-resistant. A type 4 magazine shall
be constructed of masonry, metal-covered wood, fabricated metals, or a
combination of these materials.
(b)
In the interior of storage facilities, stored materials shall be placed
so that they do not interfere with ventilation.
(c)
All nails shall be blind-nailed or counter-sunk.
(d)
Foundations shall be constructed of brick, concrete, cement block, stone
or wood posts. If piers or posts are used in lieu of a continuous foundation,
the space under the magazine shall be enclosed with metal.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5009.02 Doors.
(a)
The doors or covers of a Type 4 magazine shall be metal or solid wood
covered with metal. Hinges and hasps shall be attached to doors by welding, riveting,
or bolting with the nuts on the inside of the door. Hinges and hasps shall be
installed in such a manner that they cannot be removed when the doors are
closed and locked.
(b)
Each door shall be equipped with:
(1) 2 mortise locks; or
(2) 2 padlocks fastened in separate hasps and
staples; or
(3) A combination of mortise lock and padlock; or
(4) A mortise lock that requires 2 keys to open;
or
(5) A 3-point lock.
(c)
Locks shall be 5-tumbler proof. All padlocks shall be protected with ¼
inch steel caps constructed so as to prevent locks or hasps from being pried or
sawed.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5009.03 Outdoor Magazines. The ground around the magazines shall slope
away for drainage. When unattended, a vehicular magazine shall have its wheels removed
or shall be otherwise effectively immobilized by kingpin locking devices.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5009.04 Indoor Magazines.
(a)
An indoor magazine for the storage of display fireworks shall not be
located in a residence or dwelling. When located in a warehouse, wholesale, or
retail establishment, the magazine shall be equipped with wheels or casters to
facilitate removal.
(b) No more than one indoor storage magazine
shall be kept in any one building. The magazine shall be located on the floor
nearest the ground level and within 10 feet of an outside exit.
(c) An indoor
magazine shall not contain a quantity of display fireworks in excess of 50
pounds. When unattended, the building housing the magazine shall be locked.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
PART
Saf-C 5010 LOCATION OF MAGAZINES
Saf-C 5010.01 Location. Magazines for display fireworks shall be
located no closer than the minimum distances from inhabited buildings, passenger
railways, public highways, and from other magazines in which explosive
materials are stored, as specified in table 16.40.1, table of distances for
storage of low explosives, in Saf-C 1640.01.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C
5010.02 Grouped Magazines. If 2 or more magazines are separated from
each other by less than the distance specified in, table 1640.1, the table of
distances in Saf-C 1640.01, then those magazines, as a group, shall be
considered as one magazine. The total
quantity of explosive materials stored in the group shall be treated as if
stored in a single facility and shall comply with the minimum of distances
specified in tables 1640.1, 1640.2 or 1640.3, the table of distances as cited
in Saf-C 1640 from inhabited buildings, passenger railways, and public
highways.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5011 MAGAZINE RESTRICTIONS
Saf-C 5011.01 Smoking and Open Flames. Smoking, matches, open flames, and
spark-producing devices shall not be permitted in, or within, 50 feet of any
magazine containing explosive materials, including display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.02 Lighting. No lighting shall be placed
or used in a magazine containing display fireworks except battery-activated
safety lights or safety lanterns.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.03 Ventilation. Display fireworks within a storage facility
shall not be placed directly against interior walls. Any devices constructed or placed within a magazine
shall not interfere with ventilation.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.04 Arrangement and Display. Containers of display fireworks shall be
stored by being laid flat with top sides up.
Corresponding sizes, grades and brands shall be stored together within a
magazine in such a manner that size, grade, and brand marks are easily visible
upon inspection. Stocks of display
fireworks shall be stored so as to be easily counted and checked.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.05 Unpacking and Repacking.
(a)
Except for fiberboard containers or other non-metal containers,
containers of display fireworks shall not be unpacked or repacked inside a
magazine or within 50 feet thereof and shall not be unpacked or repacked within
50 feet of other explosive materials.
(b)
Containers of display fireworks shall be closed while being stored.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.06 Tools.
Tools used for opening or closing containers of display fireworks shall
be of non-sparking materials, except that metal slitters may be used for
opening fiberboard containers. A wood
wedge and a fiber, rubber or wooden mallet shall be used for opening or closing
wood containers of display fireworks.
Metal tools other than non-sparking transfer conveyors shall not be
stored in any magazine containing display fireworks.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C
5011.07 Responsibility.
(a) The owner of a magazine shall:
(1) Be at least 21 years;
(2) Be responsible for the enforcement of all safety
precautions; and
(3) Be in charge of the magazine at all times.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5011.08 Inspection for Entry or Theft.
(a)
A magazine containing display fireworks shall be inspected at a minimum
of every 3 days to determine whether there has been an unauthorized entry or attempted
entry into the magazine or to determine whether there has been unauthorized
removal of the magazine.
(b) In addition to
(a) above, a magazine containing display fireworks shall be opened at a minimum
of every 3 days to determine whether there has been unauthorized removal of any
of the contents of the magazine.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5011.09 Precautions.
(a)
The magazine's door shall be locked, except during the time of placement
and removal of display fireworks or during an inspection.
(b)
No display fireworks shall be left unattended or unsecured except while
being stored in an approved magazine or being transported in accordance with
Saf-C 5016.03.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
PART
Saf-C 5012 UPKEEP AND REPAIR OF
MAGAZINES
Saf-C 5012.01 Housekeeping.
(a) Magazines shall be kept clean, dry, and free
of grit, paper, empty packages, containers, and rubbish. Floors shall be swept
regularly in order to maintain its cleanliness. Brooms and other utensils used
in the cleaning and maintenance of magazines shall have no spark-producing
metal parts.
(b) Floors stained by leakage from explosive
materials shall be cleaned according to the instructions of the explosives
materials manufacturer. When any
explosive material has deteriorated to the extent that it is in a dangerous
condition, or if a liquid leaks therefrom, it shall be destroyed in accordance
with the instructions of its manufacturer.
(c) The area surrounding the magazine shall be
kept clear of rubbish, brush, dry grass, or trees for at least 25 feet in all
directions. Any other combustible materials shall be kept a distance of at
least 50 feet from outdoor magazines.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5012.02 Repair.
(a) Prior to the interior repair of a magazine,
all explosive materials shall be removed and the interior shall be cleaned.
(b) Prior to the exterior repair of a magazine, all
explosive materials shall be removed if there exists a possibility that such
repairs might produce sparks or flames.
(c) The explosive materials removed from a
magazine under repair shall be placed in another magazine appropriate for the
storage of such materials or placed a safe distance from the magazine under
repair where they shall be guarded and protected until the repairs have been
completed.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART Saf-C 5013
CONSTRUCTION OF PADLOCKS, STEEL CAPS, AND HOODS
Saf-C 5013.01 Padlocks. Padlocks used on outdoor storage magazines
shall be constructed of not less than 7/16 inch diameter shackle, case hardened
or stainless steel alloy, 420°F or 216°C, heat treated to rockwell hardness of
C53. Shackle clearance shall not be less than one inch.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5013.02 Steel Caps and Hoods. Whenever steel caps or hoods are required to
protect padlocks, the steel cap or hood shall be constructed of not less than ¼
inch steel and shall be designed to eliminate access to the hasp between the
hood or cap and magazine. An extra ¼ inch steel shall be required by the
director when it is necessary to prevent the cutting of any part of the locking
assembly.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5014 TRANSPORTATION OF DISPLAY
FIREWORKS
Saf-C 5014.01 Prohibited Ways. Pursuant to RSA 265:115, VI, display
fireworks shall not be transported through any vehicular tunnel, over any
prohibited bridge, roadway, or elevated highway.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09
Saf-C 5014.02 Prohibited Acts.
(a)
No person shall smoke, carry matches or any other flame-producing
device, or firearms, or loaded cartridges while in or within 50 feet of a motor
vehicle transporting display fireworks.
(b)
No person shall park his/her motor vehicle transporting display
fireworks within 300 feet of an open fire.
(c)
The driver shall load or unload the vehicle in compliance with 49 CFR
177.834 through 177.844, pursuant to RSA 21-P:17, I(a).
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (c)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (c) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
Saf-C 5014.03 Public Conveyance. Display fireworks shall not be carried or
transported in or on a public conveyance.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5014.04 Transferal from Vehicle. Display fireworks shall not be transferred
from one vehicle to another on any highway within the state of
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5014.05 Additional Requirements. In addition to all other applicable
requirements set forth in these rules, those transporting explosive materials,
including display fireworks, over all highways shall comply with applicable
requirements in 49 CFR 170 to end.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
PART
Saf-C 5015 VEHICLES TRANSPORTING DISPLAY FIREWORKS
Saf-C 5015.01 Condition of Vehicles.
(a)
Vehicles used for transporting display fireworks shall be strong enough
to carry the load without difficulty or exceeding manufacturer's recommended
gross vehicle weight and shall be in good mechanical condition.
(b)
If a vehicle does not have a closed body, the body shall be covered with
a flame retardant and moisture proof tarpaulin or other effective protection
against moisture and sparks. Packages of
display fireworks shall not be loaded above the sides of an open-body vehicle.
(c)
All vehicles used for the transportation of explosive materials,
including display fireworks, shall have tight floors and any exposed
potentially spark-producing metal, on the inside of the body, shall be covered
with wood or other non-sparking materials to prevent contact with packages of
explosives.
Source. (See Revision Note at Chapter heading for Saf-C
5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5015.02 Marking of Vehicle. Every vehicle used for transporting display
fireworks shall be marked in accordance with 49 CFR 172.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5015.03 Fire Extinguishers. Each motor vehicle used for transporting
display fireworks shall be equipped with 2 fire extinguishers having a combined
rating of at least 2-A:10B:C.
Extinguishers shall be filled, ready for immediate use, and located near
the driver's seat. Extinguishers shall
be examined periodically by the driver, in accordance with National Fire
Protection Association standard number 10, 1998 edition, for portable fire
extinguishers.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5015.04 Inspection.
(a)
A motor vehicle used for transporting display fireworks shall be
inspected daily by the driver prior to operation to determine whether the
vehicle is in proper condition for safe transportation of explosive material.
(b)
The following shall be inspected:
(1) The fire extinguisher, which shall be filled
and ready for immediate use;
(2) All visible electrical wiring underneath the
dashboard, the vehicle or the hood of the vehicle, which shall be protected and
securely fastened to prevent short-circuiting;
(3) The chassis, motor, pan, and underside of
body, which shall be reasonably clean and free of excess oil and grease;
(4) Fuel tank and feed line;
(5) Brakes, lights, horn, windshield wipers, and
steering apparatus; and
(6) Tires, which shall be properly inflated and
free of defects.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
PART
Saf-C 5016 OPERATION OF VEHICLES
TRANSPORTING DISPLAY FIREWORKS
Saf-C 5016.01 Drivers. Vehicles transporting display fireworks shall
be driven by a properly licensed driver who is in compliance with Saf-C 603.09.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXIRES: 11-11-09
Saf-C 5016.02 Parking. Except under emergency conditions, no vehicle
display fireworks shall be parked before reaching its destination, even though
attended, on any public street adjacent to or in proximity of any bridge,
tunnel, dwelling, building, or place where people work, congregate, or
assemble.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXIRES: 11-11-09
Saf-C 5016.03 Attendant and His Duties.
(a)
Every motor vehicle transporting any quantity of display fireworks
shall, at all times, be attended by a driver or a designee of the motor carrier
operating the vehicle. The attendant
shall be informed by the carrier that there are explosive materials in the
vehicle and shall be made aware of its inherent dangers. The driver or attendant shall be made aware
of the procedures to be followed, pursuant to Saf-C 603.06 and Saf-C 604.03, in
order to protect the public from the dangers.
The attendant shall be familiar with the vehicle and shall be trained,
in accordance with the training requirements set forth in 49 CFR 172, 177, and
390-397.
(b)
For the purpose of this section, a motor vehicle shall be deemed to be
attended only when:
(1) The driver or other attendant is physically
on or in the vehicle or has the vehicle within his field of vision and can
reach it quickly without any kind of interference; and
(2) The driver or attendant is awake, alert and
not engaged in other duties or activities which may divert his attention from
the vehicle, except for necessary communication with public officers,
representative of the carrier, shipper, consignee, or except for necessary
absence from the vehicles to obtain food or use a restroom.
(c)
A vehicle carrying display fireworks may be left unattended in
accordance with Saf-C 603.01 or if parked in an area that complies with the
requirements of the National Fire Protection Association standard number 498,
1996 edition, for explosives motor vehicle terminals.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b) EXPIRED:
7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED: 1-10-05; amd
by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5016.04 Hazardous Materials. Spark-producing metal, spark-producing metal
tools, oils, matches, firearms, electric storage batteries, flammable
substances, acids, oxidizing materials, or corrosive compounds shall be carried
in the body of any motor truck of vehicle transporting display fireworks only
if in compliance with other applicable federal regulations.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C 5016.05 Congested Areas. Vehicles transporting display fireworks shall
avoid congested areas and heavy traffic.
Where routes through congested areas have been designated by local
authorities, such routes shall be followed.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C
5016.06 Delivery. Delivery shall only be made to magazines
which have met the requirements of Saf-C 5009.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5017 LOCATION OF DISPLAY
Saf-C 5017.01 Minimum Distances.
(a)
A display of display fireworks shall not be held unless the actual point
at which they are to be discharged meets the following minimum separation
distance requirements:
(1) At
least 50 feet from the nearest above ground electrical, telephone or telegraph
line, tree or overhead obstruction;
(2) At least 200 feet from the nearest public
highway, railroad or other means of travel unless closed to travel during the
display;
(3) At least 200 feet from the nearest building;
(4) At least 250 feet from the nearest tent or
canvas shelter; and
(5) At least 500 feet from the nearest hospital,
penal facility or other health care or detention establishment.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(1)-(5)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(1)-(5)
EXPIRED: 1-10-05; amd by #8261, eff 1-21-05
Saf-C 5017.02 Distance from Audience.
(a)
The audience at a display of display fireworks shall be restrained
behind lines that are at least 200 feet from the point where the display
fireworks are discharged. For any display containing one or more shells of 10
inches or larger in diameter, the audience shall be restrained behind lines
that are at least 300 feet from the point of discharge.
(b)
Only persons in charge of the display shall be allowed inside the
lines. The restraining lines shall be
erected with fencing or rope which shall clearly define the restricted
discharge area.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
Saf-C
5017.03 Responsibility of Operator. It shall be the responsibility of the
operator to determine that the area in which the display is to be discharged is
safe and that these rules are complied with.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5017.04 Postponement of Display. The head of the fire or police departments or
the director or his designee shall order postponement of the display for any
violation of these rules until such time as the violation shall have been
corrected.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5018 FIREWORKS AT THE DISPLAY SITE
Saf-C 5018.01 Precautions.
(a)
Upon delivery to the display site, the display fireworks shall not be
left unattended nor shall they be allowed to become wet.
(b)
Upon delivery to the display site, all shells shall be inspected by the
display operator. Any shells having
tears, leaks, broken fuses or showing signs of having been wet, shall be set
aside and shall not be fired. After the display, any defective shells shall be
returned to the supplier.
(c)
All shells shall be separated according to diameter and stored in
tightly covered containers of metal, wood, plastic, or in fiber drums or
corrugated cardboard cartons meeting
(d)
The shell storage area shall be located at a distance of not less than
25 feet from the discharge site.
(e)
During the display, except where conditions do not permit,
such as on a barge or point of land, shells shall be stored upwind from the
discharge site. If the wind shifts during the display, the shell storage area
shall be relocated to be upwind from the discharge site.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (b), (d)
and (e) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (b),
(d) and (e) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM,
eff 5-15-09, EXPIRES: 11-11-09
PART Saf-C
5019 DISPLAY MORTARS
Saf-C 5019.01 Requirements for the Display of Single
Fire Mortars.
(a) Single fire mortars shall be constructed of
non-fragmentary steel, aluminum, or other material, approved by the director,
of not less than ¼ inch in thickness, and shall be capped at the base by a
threaded or welded cap. Wood plug base ends shall not be permitted.
(b)
Single fire mortars up to 10 inches in diameter shall be buried in a
trench at least 18 inches apart to a depth of not less than ¾ of their length.
In no case shall the protrusion above ground exceed 8 inches. The trench shall
be provided with a wooden base planking that shall be equivalent in width to
the largest diameter mortar used. The portion of the mortar tube extending
above ground shall be protected with railroad ties or their equivalent placed
on both sides of the tubes and firmly secured together by wood or metal
connecting straps. All remaining space between mortars shall be filled with
firmly tamped sand or earth.
(c)
For the purposes of paragraph (a) above, a material shall be approved by
the director if the licensee can demonstrate, through
documentation provided by the manufacturer, that the material can withstand
equal or greater strength without displaying any fragmentation.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5019.02 Exceptions.
(a) In display locations where ground excavation or
trenching is not feasible, due to unremovable ground conditions such as tar,
the director or the head of the fire department shall allow multiple shot
mortars of up to 6 inches in diameter to be buried to ¾ its length in sturdy
wooden boxes with partitions, at least 2 feet wide by 3 feet in height filled
with clean sand, and provided with 18 inch spacing between mortars or direct
that the display location be moved to a site where trenching is feasible.
(b)
In lieu of using sturdy wooden boxes with partitions, as set forth in
(a) above, sturdy 55 gallon steel drums filled with clean sand may be used so
long as no more than 2 mortars are placed in each drum.
(c)
The director or fire department head in determining whether the display location
shall be moved to a site where trenching is feasible
shall consider:
(1) Whether there is an area around the proposed
display location where trenching is available;
(2) Whether the nearest available trenchable site
is adequate to hold the audience for the fireworks display; and
(3) Whether the nearest available trenchable site
meets the requirement set forth in Saf-C 5017.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART Saf-C 5020
SINGLE SHOT OR FINALE MORTARS
Saf-C
5020.01 Construction.
(a)
Single shot or “finale” mortars shall be constructed of a minimum of 18
gauge galvanized metal with welded seams, or of any approved non-fragmentary
type material, as determined pursuant to Saf-C 5019.01(c). Wood plug base ends
shall be permitted for finale mortars.
(b)
Single shot or “finale” mortars in excess of 6 inches in diameter shall
be of steel or aluminum only.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5020.02 Finale Mortars. Each finale mortar shall be buried in a
trench at least ¾ of its length, but in no case shall the protrusion above
ground exceed 10 inches. All seam welds, whenever practicable, shall face away
from the audience. Burial shall be in a trench only. Finale mortars shall not
be buried in rows in an open pit-like excavation.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5020.03 Time Rack Construction.
(a) The time rack or ignition train used for tying the
leaders of each shell shall be so constructed that the time rack shall not
exceed the height of the finale mortar opening.
(b)
For the purposes of this section, time rack, also known as an ignition
train, means the device which connects the fuse and the finale mortars together
in a row so that when the leading finale mortar is ignited, each subsequent
final mortar is ignited after the passing of an interval of time.
r is ignited, each subsequent finale mortar is
ignited after the passing of an interval of time.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5020.04 Single Shot Mortars. Single shot mortars up to 8 inches in
diameter shall be buried to ¾ its length in sand filled boxes or steel 55
gallon drums, and single shot mortars greater than 8 inches in diameter and up
to 12 inches in diameter shall be buried to ¾ its length in separate sand
filled boxes or steel 55 gallon drums in accordance with Saf-C 5020.02.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5020.05 Mortar Rack Mounting.
(a) Single shot or “finale” mortars may be
rack-mounted to adequately constructed wooden racks. Each mortar shall be
securely fastened to its rack and each rack securely supported individually and
at both ends.
(b) Single shot mortars shall comply with the
following:
(1) Spacing between mortars in a rack shall be at
least ½ the diameter of the adjacent mortar;
(2) Parallel racks or rows of racks shall be no
less than 12 inches apart; and
(3) Rack mounted single shot mortars may be used
in accordance with the provisions of Saf-C 5020.02
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART Saf-C
5021 INSPECTION AND PLACEMENT
Saf-C 5021.01 Inspection of Mortars. Mortars shall be inspected for dents, bent
ends, and cracked or broken plugs prior to ground placement. Mortars found to
be defective in any way shall not be used. Any scale on the inside surface of
the mortar shall be removed.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5021.02 Position of Mortars. Mortars shall be positioned so that the
shells are carried away from spectators and into a clear area, with the
projectile going into the air as nearly vertical as possible.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5021.03 Protection from Weather.
(a)
Mortars shall be protected from damp weather as follows:
(1) In damp ground, a weather-resistant bag shall
be placed under the bottom of the mortar prior to placement in the ground to
protect the mortar against moisture; and
(2) Weather-resistant
bags, tarps or plastic sheeting shall be placed over the open end of the mortar
in damp weather to keep moisture from accumulating on the inside of the mortar.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5021.04 Operator Protection. Sand bags, dirt boxes, or other material that
offers equal or greater protection shall be placed behind the mortars to
protect the operator from ground bursts.
This requirement shall not apply to the landing area of the discharge
site.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART Saf-C
5022 POTENTIAL LANDING AREA
Saf-C 5022.01 Area to be Clear.
(a)
The potential landing area shall be a large, clear, open area acceptable
to the head of the fire department.
(b)
Spectators, vehicles, or any readily combustible materials shall not be
relocated within the potential landing area during the display.
(c)
For the purpose of this section, “landing area” means the area over
which firework shells are fired. The shells burst over this area, and unignited
fireworks and unsafe debris fall into this area.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5023 ELECTRICAL DISPLAY FIRING
Saf-C 5023.01 Electrical System Requirements. All electrical firing systems shall be in
accordance with Chapter 5 of the Code for the Outdoor Display of Fireworks,
NFPA 1123, 1995 edition.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01
Saf-C 5023.02 Operator Requirements.
(a)
For each electrical display firing, the operator shall comply with the
following:
(1) All firing shall be done from a remote
central control location that provides the operator(s) with an unobstructed
view of the entire display;
(2) All wiring and firing system set-up shall be
done under the direct control of the operator who shall also insure that the
firing device or control panel is properly safeguarded; and
(3) Prior to the display, precautions shall be
taken to preclude the possibility of premature ignition due to stray sources of
electrical or radio frequency energy.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(2)-(3)
EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(2)-(3) EXPIRED:
1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09,
EXPIRES: 11-11-09
Saf-C
5023.03 Electrical Mis-Fires. Should any shell fail to function as
intended, the igniter for that shell shall be re-shunted and the shell shall be
removed in accordance with Saf-C 5024.08.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART Saf-C 5024
FIRING OF THE DISPLAY
Saf-C 5024.01 Operator and Assistant to be on Duty
During Display. At all times, there
shall be at least one operator and one assistant, who is at least 18 years of
age, to conduct each display of display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C
5024.02 Loading Shells. Shells shall not, under any circumstance, be
forced into a mortar too small to accept them. Shells that do not fit properly
into the mortars shall not be fired.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5024.03 Igniting of Shells. Shells shall be ignited by lighting the tip of
the fuse with a fusee, torch, portfire, or similar device. The operator shall
never place any part of his or her body over the mortar at any time. As soon as
the fuse is ignited, the operator shall retreat from the mortar area.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5024.04 Prohibitions.
(a) Shells shall be carried from the storage area
to the discharge site only by their bodies, and never by their fuses.
(b) The safety cap protecting the fuse shall not
be removed by the operator responsible for igniting the fuse until immediately
before the shell shall be fired.
(c) No smoking or open flames shall be allowed in
the shell storage area if shells are present.
(d) No attempt shall be made to repair a damaged
shell or to attempt to dismantle a dry shell.
The operator shall contact the supplier for proper disposal
instructions.
(e) Display
fireworks that have become wet shall not be utilized even if dried out.
(f) Displays shall not be set up during any rain
or snow storm or displayed during any electrical storm or when the wind reaches
a velocity of more than 20 miles per hours.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)-(d)
and (f) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)-(d)
and (f) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05, amd by #9471, INTERIM, eff
5-15-09, EXPIRES: 11-11-09
Saf-C
5024.05 Installation of Mortars.
(a) A cleaning tool shall be utilized for
cleaning debris out of the mortars between firings.
(b) Mortars shall be inspected before the first
shells are loaded to ensure that no water or debris has accumulated in the
bottom of the mortar.
(c) Display operators and assistants shall use
only flashlights or electric lighting for artificial illumination.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5024.06 Use of Alcohol or Drugs.
(a)
No person shall handle, transport or display any display fireworks while
under the influence of or having consumed, within the previous 4 hour period,
alcohol or controlled substances.
(b)
Paragraph (a) shall not apply to the possession or use of a substance
administered to a person by or under the instructions of a licensed physician
or medical specialist, who is authorized by RSA 318:42 to prescribe controlled
drugs, and who has advised the person that such substance will not affect
his/her ability to handle, transport or display any display fireworks.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09
New. #9471,
INITERIM, eff 5-15-09, EXPIRES: 11-11-09
Saf-C
5024.07 Cancellation of Display. The local fire chief, police chief, or the
director shall cancel any display when the behavior or condition of the
operator or assistant is such as to imperil the public safety.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5024.08 Misfires. In the event of a shell failing to ignite in
the mortar, the mortar shall be left alone for a minimum of 5 minutes, than
carefully flooded with water. Immediately following the display, the mortar
shall be emptied into a bucket of water. The supplier shall be contacted as
soon as possible for proper disposal instructions.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C 5024.09 Search of Display Area.
(a) It shall be the responsibility of the
operator to ensure that a thorough search of the display area is made for any
unignited fireworks or remnants thereof, containing explosives. The search shall be conducted at the
completion of the display and at the first available daylight following the
display.
(b) Upon completion of the search, the operator
shall report all findings to the head of the fire department in the
municipality where the display was held. It shall be the responsibility of the
operator to dispose of any such items found.
(c) The operator of the display shall keep a
record on a form provided by the supplier of all shells that fail to ignite or
fail to function. The form shall be
completed and returned to the supplier.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5024.10 Fire Equipment.
(a) The sponsor of the display shall arrange for
the presence of one or more members of the local fire department as may be
required by the head of the fire department.
They shall be on duty from the time the fireworks are delivered at the
site until the termination of the display and removal of all fireworks and
debris from the site. For the purpose of this rule debris shall include any
unignited fireworks or remnants containing explosive material.
(b) The head of the fire department shall
designate such fire extinguishing equipment as may be required at the display
site from the time the fireworks are delivered at the site until the
termination of the display and removal of all fireworks and debris from the
site. The head of the fire department shall designate the location and type of
fire extinguishing equipment.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
PART
Saf-C 5025 MARINE DISPLAYS
Saf-C 5025.01 Inspection. All barges and vessels used as launch
platforms for the supervised display of display fireworks shall be open to inspection
by the director, the head of the local police and fire departments, harbor
master having jurisdiction or to any person delegated by the aforementioned.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-01
New. #9471, INTERIM, eff 5-15-09, EXPIRES:
11-11-09
Saf-C 5025.02 Construction of Barges. All barges used for marine displays shall be
of sturdy, seaworthy construction, properly maintained, and provided with
adequate towing, anchor, and mooring lines or chains.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5025.03 Barge at
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5025.04 No Hazardous Cargo. No barge that is used for the transportation
of fuel or other hazardous cargo, above or below deck, shall be used unless the
hazardous cargo and residue thereof has been removed and any holding tanks
purged, as directed by the head of the local fire department.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5025.05 Decking to be Covered. All barges with decks of wooden construction
shall have all exposed decking covered with a minimum of one inch of clean
sand.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5025.06 Vessel to be Placarded. Any vessel transporting class B special fireworks
on any water of the state shall have affixed midship on both side thereof, an
Explosive B placard as outlined in Saf-C 1621.02.
Source. (See Revision Note at Chapter heading for
Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03
New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05
New. #8261, eff 1-21-05
Saf-C
5025.07 Restrictions.
(a) No personnel other than those directly
responsible for discharge of the display shall be allowed on such barge during
the display.
(b)
No smoking shall be allowed on any vessel containing display fireworks.
Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (a) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (a) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by