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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5001.02  Exceptions.  These rules shall not apply to:

 

          (a)  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

 

          (b)  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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5002.03  “Approved” means approved by the commissioner.

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5002.04  “Assistant” means a person who works under the direct supervision of the operator.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5002.05  “Authority having jurisdiction” means the  commissioner.

 

Source.  (See Revision Note at Chapter Heading for Saf-C 5000) #6055, eff 7-1-95; rpld by #7481, eff 4-25-01

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5002.06  “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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss by #9765-A, eff 8-2-10 (from Saf-C 5002.04); ss by #12738, eff 4-30-19

 

          Saf-C 5002.07  “Commissioner” means the commissioner of the department of safety or his or her designee.

 

Source.  #12124, eff 3-6-17

 

          Saf-C 5002.08  “Dense pack firing racks” means a series of like-sized, single shot mortars that are securely braced and constructed utilizing metal framework for firing aerial shells electronically.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; renumbered by #12124 (from Saf-C 5002.07); ss by #12738, eff 4-30-19

 

          Saf-C 5002.09  “Dense pack system” means a group of New Hampshire approved dense pack racks securely attached on a non-motorized platform or placed directly on firm level ground surface, as approved pursuant to Saf-C 5027.

 

Source.  #12124, eff 3-6-17

 

          Saf-C 5002.10  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.06); renumbered by #12124 (from Saf-C 5002.08); ss by #12738, eff 4-30-19

 

          Saf-C 5002.11  “Display fireworks” means “display fireworks” as defined in 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, EXPIRED: 4-25-09

 

New.  #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10 (from Saf-C 5002.07); renumbered by #12124 (from Saf-C 5002.09); ss by #12738, eff 4-30-19

 

          Saf-C 5002.12  “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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.09); renumbered by #12124 (from Saf-C 5002.11); ss by #12738, eff 4-30-19

 

          Saf-C 5002.13  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.10); renumbered by #12124 (from Saf-C 5002.12); ss by #12738, eff 4-30-19

 

          Saf-C 5002.14  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.11); renumbered by #12124 (from Saf-C 5002.13); ss by #12738, eff 4-30-19

 

          Saf-C 5002.15  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.14); renumbered by #12124 (from Saf-C 5002.14); ss by #12738, eff 4-30-19

 

          Saf-C 5002.16  “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; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

 

New.  #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10 (from Saf-C 5002.13); renumbered by #12124 (from Saf-C 5002.15); ss by #12738, eff 4-30-19

 

          Saf-C 5002.17  “Marshal” means the state fire marshal 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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.14); renumbered by #12124 (from Saf-C 5002.16); ss by #12738, eff 4-30-19

 

          Saf-C 5002.18  “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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.15); renumbered by #12124 (from Saf-C 5002.17); ss by #12738, eff 4-30-19

 

          Saf-C 5002.19  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.16); renumbered by #12124 (from Saf-C 5002.18); ss by #12738, eff 4-30-19

 

          Saf-C 5002.20  “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 commissioner.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10 (from Saf-C 5002.17); renumbered by #12124 (from Saf-C 5002.19); ss by #12738, eff 4-30-19

 

          Saf-C 5002.21  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.18); renumbered by #12124 (from Saf-C 5002.20); ss by #12738, eff 4-30-19

 

          Saf-C 5002.22  “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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.19); renumbered by #12124 (from Saf-C 5002.22); ss by #12738, eff 4-30-19

 

          Saf-C 5002.23  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.20); renumbered by #12124 (from Saf-C 5002.22); ss by #12738, eff 4-30-19

 

          Saf-C 5002.24  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.21); renumbered by #12124 (from Saf-C 5002.23); ss by #12738, eff 4-30-19

 

          Saf-C 5002.25  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.22); renumbered by #12124 (from Saf-C 5002.24); ss by #12738, eff 4-30-19

 

          Saf-C 5002.26  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.23); renumbered by #12124 (from Saf-C 5002.25); ss by #12738, eff 4-30-19

 

 

          Saf-C 5002.27  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.24); renumbered by #12124 (from Saf-C 5002.26); ss by #12738, eff 4-30-19

 

          Saf-C 5002.28  “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; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

 

New.  #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New. #9765-A, eff .8-2-10 (from Saf-C 5002.25); renumbered by #12124 (from Saf-C 5002.27); ss by #12738, eff 4-30-19

 

          Saf-C 5002.29  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.26); renumbered by #12124 (from Saf-C 5002.28); ss by #12738, eff 4-30-19

 

          Saf-C 5002.30  “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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.27); renumbered by #12124 (from Saf-C 5002.29); ss by #12738, eff 4-30-19

          Saf-C 5002.31  “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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.28); renumbered by #12124 (from Saf-C 5002.30); ss by #12738, eff 4-30-19

 

          Saf-C 5002.32  “Use” means the method or manner by which explosive materials are handled and employed, but does not include storage.

 

Source. #9765-A, eff 8-2-10 (from Saf-C 5002.29); renumbered by #12124 (from Saf-C 5002.21); ss by #12738, eff 4-30-19

 

          Saf-C 5002.33  “Vessel” means a barge, ship, or boat utilized for carrying persons or cargo upon water.

 

Source. #9765-A, eff 8-2-10 (from Saf-C 5002.30); renumbered by #12124 (from Saf-C 5002.32); ss by #12738, eff 4-30-19

 

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 delivery, 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5003.02  Certificates of Competency.

 

          (a)  For the purposes of this section, “proximate audience” means an audience closer to pyrotechnic devices than permitted by these rules.

 

          (b)  The commissioner, upon application of any natural person, shall issue a certificate of competency to such person to conduct display fireworks displays if the commissioner determines that the applicant is qualified in the safe use of display fireworks, as provided in Saf-C 5003.03.

 

          (c)  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 commissioner.

 

          (d)  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.

 

          (e)  Certificates of competency issued under this part shall not be valid for the display of pyrotechnics, flame effects, or special effects before a proximate audience, as regulated by Saf-C 6900.

 

          (f)  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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 commissioner.

 

          (b)  If an applicant cannot read or write English, the written competency test shall be administered orally by the commissioner.

 

          (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 a score of 80% or higher 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          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)  Be 21 years of age or older, pursuant to RSA 160-B:6, IX;

 

(2)  Appear in person at the New Hampshire department of safety during normal business hours to:

 

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 to the commissioner a completed “Application for Certificate of Competency for the Display of Display Fireworks on form DSFM 165, revised 01/19;

 

(5)  Have been present and assisted an operator with the display of  display fireworks for a combined amount of at least 10 separate displays comprising of a minimum of 100 shells per display and each shell shall be at least of 3 inches in diameter or larger;

 

(6)  Make payment of the fee as specified in RSA 158:9-c; and

 

(7)  Provide a copy of a valid United States Bureau of Alcohol, Tobacco, Firearms and Explosives “U.S. ATF&E” license held pursuant to 18 U.S.C. 843(b) for the use or handling of display fireworks, or provide a current U.S. ATF&E list from the applicant’s employer showing that the applicant is listed as a responsible party, or an employee possessor for that company that are not described in 18 USC 842(i); and

 

(8)  Supply the endorsement of at least 2 persons who shall:

 

a.  Hold a valid certificate of competency issued by the commissioner for the display of display fireworks;

 

b.  Attest that the applicant was present and assisted the operator 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 displays;

 

2.  Time of each of the displays;

 

3.  Location of each of the displays;

 

4.  Number and size of shells; and

 

5.  Specific duties of the applicant.

 

(b)  Any person who holds a valid license or certificate of competency for Display Fireworks, and is in good standing by another jurisdiction, whose licensing standards meet or exceed the standards of these rules, shall be eligible to apply to the commissioner for a certificate of competency in NH.  All of the requirements set forth in Saf-C 5003.04 shall apply except for the provisions set forth in Saf-C 5003.04 (a)(5) and (8).

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5003.05  Renewal of Certificate of Competency.

 

          (a)  All applicants for renewal of certificates of competency shall complete and submit form DSFM 165, “Application for Certificate of Competency For the Display of Display Fireworks”, revised 01/19.

 

          (b)  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 and the applicant for renewal shall resubmit to all of the requirements in Saf-C 5003.04.

 

          (c)  A renewal application pursuant to (a) above shall include documentation of continuing training and education that occurred during the course of the license period and be a minimum of at least 16 hours total, on topics to include but not be limited to safety, code, rule review, or rule update training for display fireworks or display fireworks operations that is not event specific.

 

          (d)  Documentation shall include:

 

(1)  Name, address, and telephone number of the organization or individual providing the safety training;

 

(2)  Date and location of the safety training;

 

(3)  Name of instructor(s) and evaluator(s);

 

(4)  Description of the safety training;

 

(5)  Total number of hours of the safety training; and

 

(6)  A copy of the attendance form, training certificate, or a signed letter from the instructor attesting to the applicant’s participation in the training program.

 

          (e)  A renewal application for a certificate of competency shall include documentation that the applicant has conducted at least 4 displays of display fireworks during the previous licensing period.  The documentation shall establish the exact dates and locations of the 4 displays and shall also establish the applicant’s participation in each display.

 

          (f)  The renewal applicant shall provide a copy of a valid U.S. ATF&E license for the use or handling of Display Fireworks, or provide a current U.S. ATF&E list from the applicant’s employer showing that they are listed as a responsible party, or an employee possessor for that company.

 

          (g)  Any renewal applicant who cannot meet the above requirements of (d) and (e) above shall be required to successfully pass a written competency test in accordance with Saf-C 5003.03.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5003.06  Background Investigation.

 

          (a)  The department shall conduct a thorough background investigation to verify the information provided on any certificate of competency application, and to determine the applicant’s suitability, knowledge, and qualifications in the safe use, storage, handling, and transportation of display fireworks.

 

          (b)  The background investigation shall consist of the following :

 

(1)  Reviewing the application;

 

(2)  Confirming that all of the information submitted with the application is true;

 

(3)  Interviewing references and previous employers;

 

(4)  Interviewing licensed operators and any endorser who have worked directly with the applicant;

 

(5)  Conducting a criminal record check; and

 

(6)  Checking with other public safety agencies that might have had interaction with the applicant pertaining to the storage, use, handling, or transportation of display fireworks, including, but not limited to, checking to see if the applicant has any history of any rule violations, or if any license the applicant has held has ever been suspended or revoked.

 

          (c)  The Commissioner, upon reviewing the background investigation, shall determine whether the applicant is suitable, knowledgeable, and qualified in the safe use, handling, storage, or transportation of display fireworks.

 

          (d)  The determination of whether the applicant is suitable, knowledgeable and qualified shall include criteria including, but not limited to the following:

 

(1)  The applicant has demonstrated that he or she is qualified by meeting the requirements of Saf-C 5003.04(a)(1)-(9) for a new certificate of competency, or Saf-C 5003.05(a)-(f) for a renewal;

 

(2)  The applicant has demonstrated that he or she is knowledgeable by successfully passing the required written competency examination specified in Saf-C 5003.02(a)(2) and Saf-C 5003.05(f); and

 

(3)  The applicant has demonstrated that he or she is a suitable candidate by not being precluded from a certificate of competency based on the criteria contained in Saf-C 5005.01(a).

 

Source.  #12738, eff 4-30-19

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5004.02  Minimum Requirements.

 

          (a)  An applicant for a storage license shall meet the following minimum requirements:

 

(1)  Comply with the application procedures set forth in Saf-C 5004.03; and

 

(2)  Provides 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5004.03  Application Procedures.  Any person who wishes to apply for an original license to store display fireworks shall:

 

          (a)  Be 21 years of age or older, in accordance with RSA 160-B;

 

          (b)  Appear in person at the New Hampshire department of safety during normal business hours;

 

          (c)  Supply proof of identification such as a valid driver’s license or birth certificate;

 

          (d)  Complete and submit the application, form DSSP 110, “Application for License to Use, Purchase and Transport Explosives”, revised 05/13;

 

          (e)  Shall provide a copy of a valid U.S. ATF&E license for the storage of Display Fireworks, or explosives;

 

          (f)  Make payment of the fee as specified in RSA 158:9-c; and

 

          (g)  Provide written approval to store fireworks from the local fire chief that has jurisdiction for the storage 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 (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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5004.04  Renewal of License.

 

          (a)  All applicants for renewal of license shall complete and submit form DSSP 110, “Application for License to Use, Purchase and Transport Explosives”, revised 05/13.

 

          (b)  If the renewal application is filed with the commissioner 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 and the applicant shall resubmit all the requirements of Saf-C 5004.03.

 

          (d)  The renewal applicant shall provide a copy of a valid U.S. ATF&E license for the storage of Display Fireworks, or explosives.

 

          (e)  The acknowledgment letter from the federal Bureau of Alcohol Tobacco Firearms and Explosives for permit renewal submittal shall be considered an extension of the federal permit for the purpose of the state renewal pursuant to this section.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          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 commissioner.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5004.06  Background Investigation.

 

          (a)  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.

 

          (b)  The background investigation shall consist of the following:

 

(1)  Reviewing the application;

 

(2)  Confirming that all of the information submitted with the application is true;

 

(3)  Interviewing references and previous employers;

 

(4)  Interviewing licensed operators and any endorser who have worked directly with the applicant;

 

(5)  Conducting a criminal record check; and

 

(6)  Checking with other public safety agencies that might have had interaction with the applicant pertaining to the storage, use, handling, or transportation of display fireworks, including but not limited to checking to see if the applicant has any history of any rule violations, or if any license the applicant has held has ever been suspended or revoked.

 

          (c)  The commissioner, upon reviewing the background investigation, shall determine whether the applicant is suitable, knowledgeable, and qualified in the safe use, handling, storage or transportation of display fireworks.

 

          (d)  The determination of whether the applicant is suitable, knowledgeable, and qualified shall include criteria including, but not limited to the following:

 

(1)  The applicant has demonstrated that he or she is qualified by meeting the requirements of Saf-C 5003.04 for a new certificate of competency, or Saf-C 5003.05 for a renewal; and

 

(2)  The applicant has demonstrated that he or she is knowledgeable by successfully passing the required written competency examination specified in Saf-C 5003.02(a)(2) and Saf-C 5003.05(g);

 

(e) The applicant has demonstrated that he or she is a suitable candidate by not being precluded from a certificate of competency based on the criteria contained in Saf-C 5005.01(a).

 

Source.  #7481, eff 4-25-01, EXPIRED: 4-25-09

 

New.  #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5004.07  Sole Use of Building.  Pursuant to RSA 160-B:6, III-a, any building used for the storage, sale, or both of fireworks, shall be dedicated solely to the storage, sale, or both 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 commissioner shall conduct an inspection of the site, including all buildings where fireworks will be sold, stored, or both 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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 commissioner 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 commissioner 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, 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 def

ect that would interfere with the applicant’s safe use of explosives;

 

(9)  Violation by the applicant of any provision of RSA 158, RSA 160-B, 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 within 10 days of the date of such denial.  The commissioner 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 for any of the following:

 

(1)  Failure to comply with any of the requirements of these rules;

 

(2)  Failure to comply with a lawful order of the local fire official pertaining to the use, storage, transportation, handling, or discharge of display fireworks;

 

(3)  Failure to comply with the requirements of any of the National Fire Protection Association “NFPA” codes referenced in these rules;

 

(4)  Transporting, handling, discharging, or storing any display fireworks without a permit or after a permit has been denied; or

 

(5)  Failure to report any incident, injury, fire, explosion, death, property damage, or other incident resulting from the use, handling, transportation, or storage of display fireworks.

 

          (b)  A license shall be revoked, after a hearing, for any of the reasons set forth in Saf-C 5005.01 (a)(3)-(8) or (10) above, or for any of the following when:

 

(1)  The licensee has a second or subsequent offense of any of the acts set forth in (a) above;

 

(2)  The licensee gave false information or made any misrepresentation in order to obtain  or renew a license; or

 

(3)  The licensee is a threat to the safety of the public or to the state or any political subdivision thereof.

 

          (c)  In addition to (a) above, a license or certificate of competency shall be subject to immediate suspension pursuant to RSA 541-A:30, III when the commissioner determines that the public health, safety or welfare requires emergency action such as, but not limited to, when an individual has made threats against a person or public building.

 

          (d)  The commissioner 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 to occur within 10 working 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          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 203.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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 5 years from the date of the sale.

 

          (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 and lot number of the display fireworks, if any; and

 

(5)  If the explosive material is to be used within the State of New Hampshire, the name and competency certificate number of the conductor 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; 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5006.02  Notifications.

 

          (a)  Any licensee or person who holds a certificate of competency shall promptly notify the commissioner of a change of address.

 

          (b)  The loss, theft, or unlawful removal of any display fireworks shall be reported by the licensee to the commissioner immediately following the discovery of the loss, theft, or unlawful removal.

 

          (c)  The licensee shall notify the commissioner 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 commissioner 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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 DSFM 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 commissioner with an approved form DSFM 166 at least 3 business 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5007.02  Buried Utilities.  When trenches or holes are to be dug in the ground in order to place mortars, the operator shall consult with the sponsor, fire chief, and Dig Safe in order to locate any buried utilities in the discharges site.  The buried utilities shall be indicated on the site plan submitted pursuant to Saf-C 5029.03.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5007.03  Duties of Officials.

 

          (a)  Upon receipt of the application in accordance with RSA 160-B:7, the fire chief 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 fire chief 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 fire chief, 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 commissioner by the operator of the fire display at least 3 business days prior to the 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 fire chief 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5008.02  Inspection.  All storage, processing or manufacturing facilities shall be subject to periodic and unannounced inspections by the commissioner 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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; ss by #9765-A, eff 8-2-10;
ss by #12124, eff 3-6-17

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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;

 

(2)  2 padlocks fastened in separate hasps and staples;

 

(3)  A combination of mortise lock and padlock;

 

(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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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 1640.1, 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 or other lighting approved by the commissioner and installed in accordance with NFPA 70, National Electrical Code, as adopted by the State Building Code Review Board.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5011.05  Unpacking and Repacking.

 

          (a)  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, except for fiberboard containers or other non-metal containers.

 

          (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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10, eff 3-6-17; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5011.08  Inspection for Entry or Theft.

 

          (a)  A magazine containing display fireworks shall be inspected at a minimum of every  7 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 7 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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 any 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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, or 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5014.02  Prohibited Acts.

 

          (a)  No person shall smoke, carry matches or any other flame-producing device, or carry firearms or loaded cartridges while in or within 50 feet of a motor vehicle transporting display fireworks. Nothing in this section shall prohibit an on-duty law enforcement officer from approaching or inspecting a vehicle containing display fireworks while wearing a loaded firearm.

 

          (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 177.843, 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5014.04  Transferral from Vehicle.  Display fireworks shall not be transferred from one vehicle to another on any highway within the state of New Hampshire without informing the local fire and police departments. In the event of a breakdown or collision, the operator shall promptly notify the local fire and police departments that have a duty to safeguard the public in such emergencies.  Display fireworks shall be transferred from the disabled vehicle to another only when proper and qualified supervision, and the local fire and police departments are present.  Motor vehicles transporting display fireworks shall not be towed while containing display fireworks unless directed by the commissioner or the local fire chief.  Road flares shall not be used for traffic warning devices.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 171 et seq.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 10, Standard for Portable Fire Extinguishers, 2018 edition.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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 600 and Saf-C 1800.

 

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

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5016.02  Parking.  Except under emergency conditions, no vehicle transporting 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 their inherent dangers.  The driver or attendant shall be made aware of the procedures to be followed, pursuant to Saf-C 600, 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 498, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2013 edition, available as noted in Appendix B.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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 state or 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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)  The trajectory is at least 25 feet from the nearest above ground electrical, telephone or telegraph line, tree, or overhead obstruction, as measured from the perimeter of the mortar rack system to the outermost edge of any protrusion or drip line of any object;

 

(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, except that this distance requirement shall not apply if:

 

a.  The building or structure is not an inhabited building per Saf-C 5002.15;

 

b.  Access to the building is prohibited once the shells arrive on the display site;

 

c.  Flammable or combustible liquids or gases are not stored in the building;

 

d.  The building is single story and no greater than 400 square feet;

 

e.  The requirements of Saf-C 5017.01(a)(1) are met;

 

f.  The application for display includes written acknowledgement of the building owner, the sponsor of the display, and the fireworks company conducting the display that the building may be exposed to damage from the fireworks display; and

 

g.  The site plan identifies the distance of the building to discharge site;

 

(4)  At least 250 feet from the nearest tent or canvas shelter, except that this distance requirement shall not apply to open lightweight aluminum framed tent structures used during active loading of shells into mortars if:

 

a.  The shells are not connected to any firing device; and

 

b.  The tent is disassembled and removed from the display site prior to firing;

 

(5)  At least 500 feet from the nearest occupied health care or detention facility; and

 

(6)  At least twice the distance of the largest shell in the display from areas containing bulk storage of a material which contains a flammable, explosive or toxic hazard.

 

          (b)  Where unusual or safety threatening conditions exist, the commissioner shall be permitted to increase the required separation distances as deemed necessary to protect life and property.

 

          (c)  Notwithstanding the distance requirements of this section, operators may elect to use plastic sheeting or aluminum foil with a thickness no greater than 6 MIL to cover loaded mortars and shall have a clear view of all such material when discharging through such material to ensure that it is not ignited by the discharge.  The operator may use a rubber mat that shall be removed prior to firing. Operators using such material shall have a water type portable fire extinguisher readily available.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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. 

 

          (b)  As shown in Table 5017.1 below, for any display, the National Fire Protection Association NFPA 1123 Code for Display Fireworks, 2014 edition table 5.1.3.1 titled “Distances for Outdoor Aerial Shell Display Sites”, available as noted in Appendix B, shall be used as a minimum distance with the exception of shells that are smaller than 3 inches in diameter, which shall be at least 200 feet from the audience:

 

Table 5017.1  Distance from Audience

 

Mortar Size

Vertical Mortars

Secured Diameter of Site

Special Hazards

Inches

Feet

Feet

Feet

1

200

400

400

1.5

200

400

400

2

200

400

400

2.5

200

400

400

3

210

420

420

4

280

560

560

5

350

700

700

6

420

840

840

7

490

980

980

8

560

1120

1120

10

700

1400

1400

12

840

1680

1680

 

          (c)  Only the operator, authorized assistants, fire chief, or the commissioner shall be allowed inside the display site.  The restraining lines shall be erected with fencing or rope which shall clearly define the restricted discharge area.

 

          (d)  At no time shall a mortar be angled towards the audience.

 

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, EXPIRED: 11-11-09; paragraph (a) EXPIRED: 11-11-09; amd by #9750, EMERGENCY RULE, eff 7-1-10, EXPIRES: 12-28-10; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5017.03  Responsibility of Operator.

 

          (a)  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.

 

          (b)  The operator shall be responsible for ensuring that all assistants have received the proper training relative to:

 

(1)  The performances of their duties;

 

(2)  Relevant laws and administrative rules; and

 

(3)  Safety hazards.

 

          (c)  During the firing of the display, all personnel in the discharge site shall wear the following:

 

(1)  Hard hat or helmet that is OSHA compliant;

 

(2)  Eye protection that is OSHA compliant;

 

(3)  Hearing protection;

 

(4)  Foot protection;

 

(5)  Gloves;

 

(6)  Cotton clothing or clothing with a similar fire resistant quality; and

 

(7)  Clothing with long sleeves worn at full length and full length pants.

 

          (d)  The operator shall insure that the discharge site is restricted throughout the display and until the discharge site has been inspected immediately following the display.

 

          (e)  In the event a condition arises that requires the entry of fire protection or other public safety personnel into the fallout area or security perimeter, the operator shall immediately stop the display until the situation is resolved and the area is once again clear.

 

          (f)  The operator and assistants shall use only flashlights, electric lighting, or other intrinsically safe portable lighting equipment for illuminating the firing and ready box area during 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5017.04  Postponement of Display.  The fire chief, police chief, or the commissioner 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5018  FIREWORKS AT THE DISPLAY SITE

 

          Saf-C 5018.01  Precautions.

 

          (a)  Upon delivery to the display site, members of the public, the audience, spectators, and any other person not authorized by the commissioner or fire chief shall be kept at a distance not less than those specified in Saf-C 5017.01 (b) and Saf-C 5017.02 (a).

 

          (b)  All display fireworks or shells shall be kept in their shipping containers or packaging until they are prepared, loaded, or set-up in the display.  All display fireworks shall be handled carefully while being unloaded from the delivery vehicle, prepared, loaded, or set-up.

 

          (c)  Upon delivery to the display site, the display fireworks shall not be left unattended nor shall they be allowed to become wet.

 

          (d)  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.

 

          (e)  All shells shall be separated according to diameter and stored in tightly covered containers of metal, fire retardant wood, fire retardant plastic, or in fiber drums.  All cardboard containers or other combustible materials shall be removed from the shell storage reload area.  A flame-resistant tarpaulin meeting the requirements of Standard Methods of Fire Tests for Flame-Propagation of Textiles and Films, NFPA 701, 2015 edition, available as noted in Appendix B, shall be used as a covering over the containers.

 

          (f)  The shell storage area shall be located at a distance of not less than 25 feet from the discharge site.

 

          (g)  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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5019  DISPLAY MORTARS

 

          Saf-C 5019.01  Requirements for Single Fire Trenched and Reloadable Mortars.

 

          (a)  Single fire and reloadable mortars shall be constructed of non-fragmentary steel, aluminum, or other material approved by the commissioner, 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.  Cast iron, stove pipe, corrugated culvert-clay, PVC, bamboo, and wood shall not be used to make mortars.

 

          (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 braced with 6” x 6” wooden timbers 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 rock-free sand or earth.

 

          (c)  For the purposes of paragraph (a) above, a material shall be approved by the commissioner if the licensee can demonstrate, through documentation provided by the manufacturer, that the material can withstand forces equal to or greater than the forces that non-fragmentary steel, aluminum, or other materials previously approved by the commissioner can withstand 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5019.02  Exceptions.

 

          (a)  In display locations where ground excavation or trenching is not feasible, due to un-removable ground conditions such as tar, the commissioner or the fire chief shall allow single fire and reloadable 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 rock-free sand or earth may be used so long as no more than 2 mortars are placed in each drum.

 

          (c)  The commissioner or fire chief, 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5020  SINGLE SHOT OR FINALE MORTARS RACKS

 

          Saf-C 5020.01  Construction.

 

          (a)  Single shot or “finale” mortars up to 6 inches in diameter and used in racks shall be constructed of a minimum of 18 gauge galvanized metal with welded seams, SDR 21 high density polyethylene pipe or similar material, 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 single shot or finale mortars made from HDPE, fiberglass or similar materials.

 

          (b)  Single shot or “finale” mortars in excess of 6 inches in diameter shall be constructed of non-fragmenting steel or aluminum only and shall be placed and utilized in accordance with Saf-C 5019.01.

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5020.02  Trenched 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 at both the top and bottom of each mortar. The distance shall be measured from outside shell to outside shell of each mortar;

 

(3)  Rack mounted single shot mortars may be used in accordance with the provisions of Saf-C 5020.02;

 

(4)  Strapping or plywood of an equivalent thickness used to secure mortar racks shall be double nailed or screwed at all connecting points;

 

(5)  Mortars of various sizes shall not be intermixed within the same rack; and

 

(6)  Mortars of the same size shall be placed in groups, and the groups shall be separated from one another.

 

          (c)  Prevention of repositioning shall be accomplished by using mortar racks that are designed to withstand a shell exploding in a mortar, causing it to burst.

 

          (d)  Whenever more than 3 shells are to be chain fused, measures shall be taken to prevent adjacent mortars from being repositioned in the event that a shell explodes in a mortar, causing it to burst.

 

          (e)  Chain fused mortar racks shall be limited to a maximum of 10 mortars per rack.

 

          (f)  Racks shall not contain any mortar larger than 6 inches in diameter.

 

          (g) Staple guns shall not be permitted to be used to secure quick match that is connected to aerial shells, mines, or comets.

 

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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

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.  Mortars shall be inspected before any shells are loaded to ensure that no water or debris has accumulated in the bottom 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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.

 

          (b)  Displays of display fireworks shall not be held when the wind velocity exceeds 20 miles per hour at ground level.  The operator shall have available, at all times, a portable anemometer or similar device for measuring wind velocity.  Any supervised display of display fireworks shall be stopped immediately in the event that the upper wind conditions cause the fall out to change and pose a threat to the safety of the public or property.

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5021.04  REPEALED

 

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; rpld by #9765-A, eff 8-2-10

 

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 fire chief.

 

          (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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

PART Saf-C 5023  ELECTRICAL DISPLAY FIRING

 

          Saf-C 5023.01  Electrical System Requirements.  All electrical firing systems shall be in accordance with NFPA 1123, Code for Display Fireworks, 2014 edition, available as noted in Appendix B.

 

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.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5024.03  Igniting of Shells.

 

          (a)  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.

 

          (b)  All manually fired shells shall have a safety cap installed over the exposed end of the fuse.

 

          (c)  Safety caps shall only be removed by the shooter, and shall be only removed just prior to igniting the fuse.

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5024.06  Use of Alcohol or Drugs.

 

          (a)  No person shall handle, transport, or display any display fireworks or be present in the discharge site while under the influence of or having consumed, within the previous 24 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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5024.07  Cancellation of Display.  The local fire chief, police chief, or the commissioner 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; ss by #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5024.08  Misfires.

 

          (a)  In the event of a shell failing to ignite in the mortar, the mortar shall be left alone for a minimum of 5 minutes, then 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.

 

          (b)  Where electrical ignition is used and the firing failure is electrical in nature, or where the aerial shell was not fired intentionally, the operator shall be permitted to salvage the shell without flooding the mortar with 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          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 fire chief 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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

          Saf-C 5024.10  Fire Equipment.

 

          (a)  The sponsor of the display shall arrange for the presence of fire department personnel and extinguishing equipment.  The local fire chief shall provide at least one member of the department or more that he deems necessary to operate such extinguishing equipment as outlined below.  They may be on duty from the time the fireworks are delivered at the site, but shall be on duty from the time unloading of the fireworks begin 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 un-ignited fireworks or remnants containing explosive material.

 

          (b)  The fire chief shall designate such fire extinguishing equipment as might 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.

 

          (c)  Nothing in this section is intended to supplement or substitute a fire department’s authority to charge for costs, if any, associated with detailing its personnel or equipment as described above.

 

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; ss by #9765-A, eff 8-2-10; ss by #12738, eff 4-30-19

 

PART Saf-C 5025  MARINE DISPLAYS

 

          Saf-C 5025.01  Marine Display Requirements.  All marine displays of fireworks shall be in accordance with this section and NFPA 1123, Code for Display Fireworks, 2014 edition, available as noted in Appendix B, and this section.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5025.02  Inspection.  All barges and vessels used as launch platforms for the supervised display of display fireworks shall be open to inspection by the commissioner, the head of the local police and fire department, 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, EXPIRED: 7-1-03

 

New.  #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

 

New.  #8261, eff 1-21-05; ss by #9765-A, eff 8-2-10 (from Saf-C 5025.01); ss by #12124, eff 3-6-17

 

          Saf-C 5025.03  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; ss by #9765-A, eff 8-2-10 (from Saf- C 5025.02); ss by #12738, eff 4-30-19

 

          Saf-C 5025.04  Barge at Anchorage.  When the barge is secured at anchorage, secondary mooring lines of equal value to the primary mooring lines shall be employed.

 

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; ss by #9765-A, eff 8-2-10 (from Saf- C 5025.03); ss by #12738, eff 4-30-19

 

          Saf-C 5025.05  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; ss by #9765-A, eff 8-2-10 (from Saf- C 5025.04); ss by #12738, eff 4-30-19

 

          Saf-C 5025.06  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; ss by #9765-A, eff 8-2-10 (from Saf- C 5025.05); ss by #12738, eff 4-30-19

 

          Saf-C 5025.07  Vessel to be Placarded.  Any vessel transporting display fireworks on any water of the state shall have affixed amidship 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; 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 #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10 (from Saf- C 5025.06); ss by #12738, eff 4-30-19

 

          Saf-C 5025.08  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.

 

          (c)  All marine vessels, or floating platforms shall be anchored at the discharge site before any of the mortar tubes are loaded.

 

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; ss and moved by #9765-A, eff 8-2-10 (from Saf-C 5002.07); ss by #12738, eff 4-30-19

 

          Saf-C 5025.09  Safety Requirements.

 

          (a)  Each barge shall be equipped with at least 2 portable fire extinguishers with a rating of 2A:10 BC.

 

          (b)  The sponsor and the operator shall ensure the display conforms with any USCG standards or requirements.

 

          (c)  The sponsor and the operator shall ensure that the area on all sides of the barge is free of all personnel, vessels, and crafts in accordance with the requirements of Saf-C 5017.01 and Saf-C 5017.02.

 

Source.  #9765-A, eff 8-2-10 (from Saf-C 5025.08); ss by #12738, eff 4-30-19

 

PART Saf-C 5026  NOTIFICATION

 

          Saf-C 5026.01  Notification to the Commissioner.  Any explosion, fire, or other accident, occurring in connection with the keeping, storage, manufacture, handling, transportation, display, or other disposition of display fireworks causing loss of life or injury to any person or damage to property shall be reported by the operator immediately to the commissioner, giving a detailed account of the event and confirmed in writing, pursuant to Saf-C 5026.02. Notification shall be made to the New Hampshire State Police communications center.

 

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, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5026.02  Accident Report.

 

          A written accident report shall be sent by the operator who conducted the firework display to the commissioner within 48 hours of any accident resulting in injury, death, or damage to property on the form described in Saf-C 5029.04.

 

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)-(6) and (8)-(14) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (b)(1)-(6) and (8)-(14) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRED: 11-11-09

 

New.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5027 DENSE PACK FIRING RACKS

 

          Saf-C 5027.01  Scope.

 

          (a)  This part shall apply to non-motorized vehicle mounted, marine vessel mounted, or ground based dense packs only.

 

          (b)  Approved dense pack mortar systems may be placed upon the ground. All dense pack firing racks or systems shall have a metal base. The base shall be placed upon the ground to provide a stable base.

 

Source.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5027.02  Approval.

 

          (a)  All dense pack firing racks shall be approved by the commissioner before being utilized for a display of display fireworks.

 

          (b)  Design specifications and engineered drawings that have been reviewed and stamped by a New Hampshire licensed professional engineer shall be submitted to the commissioner before an approval shall be granted.

 

          (c)  If the dense pack firing rack to be utilized is constructed of mortar material other than SDR21 high density polyethylene pipe (HDPE), pursuant to Saf-C 5027.03(b) below, the applicant shall also submit to the commissioner the specification sheet indicating that the material being utilized has the equivalent characteristics as SDR21 HDPE.

 

          (d)  Approval shall be granted for a period of 3 years and shall become void upon signs of possible fatigue from repeated use, damage from impact, or involvement in a fire, explosion, or other type of accident, at which time the dense pack firing rack system shall be placed out of service until inspected by a New Hampshire licensed professional engineer to ensure that the structural integrity of the rack system has not been compromised from damage or the repeated use.

 

          (e)  Documentation of the inspection and a report of all findings, to include corrective actions, shall be forwarded to the commissioner before the dense pack firing rack system is approved by the commissioner to be placed back in service.

 

          (f)  Any dense pack firing rack which has been involved in any type of fire, explosion, or other type of accident shall be immediately placed out of service and the commissioner shall be immediately notified in accordance with Saf-C 5026. 

 

          (g)  On or before January 1st of each year, anyone utilizing an approved dense pack firing rack shall provide the commissioner with a written list of all dense pack firing racks or systems that will be utilized for displays throughout the upcoming year. This list shall include all approved dense pack firing racks or systems that have been placed out of service for any reason. All dense pack firing racks or systems shall be identified by the serial number assigned to the rack.

 

Source.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5027.03  Construction.

 

          (a)  Dense pack firing racks shall be constructed of metal construction and shall be engineered to withstand a ground detonation of the largest shell being fired from the rack system and shall be designed to minimize damage to adjacent mortar tubes.

 

          (b)  Mortar tubes shall be constructed of SDR21 high density polyethylene pipe (HDPE) or greater,  or other similar material.

 

          (c)  Mortar tubes shall be securely anchored in place, or securely locked into the rack system in 2 separate locations.  Locks shall be designed with a positive locking arrangement to prevent the mortar tube from becoming accidentally dislodged during the firing operations.

 

          (d)  All mortar tubes contained in the rack system shall be grouped into like sizes.

 

          (e)  Size groups within the rack system shall be clearly identified and separated from other size groups.

 

          (f)  All mortar tubes within the rack system shall be of an equal length.

 

          (g) Each dense pack firing rack or system shall be permanently marked with a unique serial number located on 2 exterior sides of the firing rack or system that are clearly visible. The serial number shall identify the company name, year of manufacture, and the shell size with a sequential identification number.

 

          (h) Dense pack firing racks used in conjunction with a trailer, marine vessel, or floating platform shall be securely affixed to the frame work of the trailer, marine vessel, or floating platform.

 

          (i)  The deck of the trailer, marine vessel, or floating platform shall be constructed with a non-combustible material which is strong enough to withstand the repeated discharge of display fireworks on its surface.

 

          (j)  All trailers used in conjunction with dense pack firing racks shall be consistently maintained in a roadworthy condition.

 

          (k)  All marine vessels or floating platforms used in conjunction with dense pack firing racks shall be consistently maintained in seaworthy condition.

 

          (l)  Dense pack firing racks utilized for ground based firing shall be placed on level, firm ground.

 

          (m)  All dense pack firing racks system construction shall be approved pursuant to Saf-C 5027.02.

 

Source.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

          Saf-C 5027.04  Restrictions.

 

          (a)  Dense pack firing racks shall only be fired electronically from a remote location. Firing locations shall be located a minimum of 75 feet from the dense pack portable firing system.

 

          (b)  Multiple dense pack firing rack systems shall be separated 2 feet or greater from one another at the discharge site.

 

          (c)  Dense pack firing racks shall not be reloaded during a display.

 

          (d)  Mortar size shall not exceed 6 inches.

 

          (e)  Salute shells shall not be fired from any dense pack firing rack.

 

          (f)  Dense pack firing racks used in conjunction with a vehicle trailer shall be secured and leveled at the discharge site and disconnected from the tow vehicle before any mortar is loaded.

 

          (g)  Dense pack firing racks utilized in conjunction with a marine vessel or floating platforms shall be anchored or properly moored in accordance with Saf-C 5025.04 before any mortar is loaded.

 

          (h)  Dense pack racks shall have no greater than 10 chain fused shells per ignition.

 

          (i)  Dense pack firing racks that are placed on the ground shall be on a firm level surface at the discharge site before any mortar is loaded.

 

          (j)  Dense pack firing racks that are placed on the ground shall be separated by a minimum of 2 feet between racks.

Source.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5028  SPECIAL STRUCTURES

 

          Saf-C 5028.01  Special Structures.  All displays of display fireworks from rooftops, bridges, towers, stadiums, parking decks, other structures or limited egress locations shall be conducted in accordance with NFPA 1123, Code for Display Fireworks, 2014 edition, available as noted in Appendix B.

 

Source.  #9765-A, eff 8-2-10; ss by #12124, eff 3-6-17

 

PART Saf-C 5029  FORMS

 

          Saf-C 5029.01  DSFM 165.

 

          (a)  Applicants shall supply on form DSFM 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, and if yes, an explanation;

 

(12)  Whether applicant is a fugitive from justice, and if yes, an explanation;

 

(13)  Whether applicant is 21 years of age or older;

 

(14)  Whether applicant uses or is addicted to marijuana, depressants, stimulants, or narcotics, and if yes, an explanation;

 

(15)  Whether applicant has ever been adjudicated as mentally ill, or been committed to any mental institution, and if yes, an explanation;

 

(16)  Physical characteristics:

 

a.  Height;

 

b.  Weight;

 

c.  Color of hair; and

 

d.  Color of eyes;

 

(17)  The following certification: “I certify that I have read the foregoing application and affirm that every statement contained herein is true and correctly set forth, and I also certify that I am familiar with all state laws, regulations, and local ordinances relating to display fireworks, for the location in which I intend to conduct operations. (False statements made herein are punishable under N.H. RSA 641:3.)”; and

 

(18)  Signature under penalty of unsworn falsification.

 

          (b)  The applicant shall sign the application under penalty of unsworn falsification and the provisions RSA 160-B:6, X.

 

Source.  #9765-B, eff 8-2-10 (from Saf-C 5003.04 (b) and (c)); ss by #12124, eff 3-6-17

 

          Saf-C 5029.02  DSSP 110.

 

          (a)  Applicants shall submit on form DSSP 110 the following:

 

(1)  Whether applicant is an individual, partnership, corporation, or limited liability corporation;

 

(2)  Applicant’s name, address, date of birth, and 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 certificate of competency for the use of explosives number;

 

(7)  Applicant’s telephone number;

 

(8)  Whether the applicant holds a license for use, purchase, and transport of explosives  or certificate of competency from another state and if so, the state and license number;

 

(9)  Whether the applicant has ever been refused a license or certificate of competency, and if so, an explanation;

 

(10) Whether the applicant has ever had a license or certificate of competency revoked or suspended, and if so, an explanation;

 

(11)  Whether the applicant has a criminal record which has not been annulled, and if so, an explanation;

 

(12)  Whether applicant is an American citizen;

 

(13)  Number of years applicant has been engaged in the display, storage, or handling of display fireworks;

 

(14)  All the companies, municipalities, or other organizations applicant has worked for;

 

(15)  Whether the applicant is under indictment for a crime punishable by imprisonment for more than one year;

 

(16)  Whether the applicant is a fugitive from justice;

 

(17)  Whether the applicant is 21 years old or older;

 

(18)  Whether the applicant is a user or addict of marijuana, depressants, stimulants, or narcotics;

 

(19)  Whether the applicant has been adjudicated mentally ill, or has been committed to a mental institution;

 

(20)  Physical characteristics:

 

a.  Height;

 

b.  Weight;

 

c.  Color of hair; and

 

d.  Color of eyes; and

 

(21)  The following certification: “I certify that I have read the foregoing application and affirm that every statement contained therein is true and correctly set forth, and I also certify that I am familiar with all state laws, regulations and local ordinances relating to the use, purchase and transport of explosives. (False statements made herein are punishable under N.H. RSA 641:3.)”

 

Source.  #9765-B, eff 8-2-10 (from Saf-C 5004.03 (b)); ss by #12124, eff 3-6-17

 

          Saf-C 5029.03  Application for Display Permit.

 

          (a)  Pursuant to RSA 160-B:7, III, each applicant for a display permit shall first complete and submit application for a permit for the display of display fireworks on form DSFM 166, “Application for Permit for the Display of Display Fireworks”, revised 01/19, to the local fire chief.

 

          (b)  The applicant shall sign and date the application to certify that he or she has read the foregoing application and affirms that every statement contained therein is true and correctly set forth, under penalty of unsworn falsification.

 

          (c)  A site plan containing the following information shall accompany the DSFM 166 application:

 

(1)  The dimensions of the following:

 

a.  The discharge site;

 

b.  The spectator viewing areas;

 

c.  The parking areas;

 

d.  The fallout areas; and

 

e.  All the separation distances; and

 

(2)  Location of buried utilities, if trenches or holes are to be dug in the ground to place mortars.

 

          (d)  The local fire chief shall indicate on form DSFM 166 whether he or she recommends:

 

(1)  The issuance of the display permit and any other conditions imposed; or

 

(2)  Denial of the display permits and the reasons therefore.

 

          (e)  The chief of police, licensing board, or governing body of the municipality shall sign and date DSFM 166,  acknowledging that the signatory has reviewed the application and determined whether the permit is granted as outlined in the application, or denied.

 

          (f)  An approved DSFM 166 shall be submitted to the Fire Marshal’s Office at least 3 business days prior to the intended date of display.

 

Source.  #9765-B, eff 8-2-10 (from Saf-C 5007.02); ss by #12124, eff 3-6-17; ss by #12738, eff 4-30-19

 

          Saf-C 5029.04  Accident Report Form.

 

          (a)  The operator shall submit the following on the accident report:

 

(1)  Date of the report;

 

(2)  Certificate of competency number;

 

(3)  Time and location of accident;

 

(4)  Name and address of person(s) injured or killed;

 

(5)  Weather conditions at time of accident;

 

(6)  Name and address of person who conducted the display;

 

(7)  Type of display firework that malfunctioned;

 

(8)  Description of the accident;

 

(9)  Cause of the accident;

 

(10)  Names and addresses of any known witnesses;

 

(11)  Name of hospital or doctor where injured person(s) was taken to;

 

(12)  Detailed description of failure, if the launching mechanism was involved; and

 

(13)  Signature of individual who conducted the display.

 

Source.  #9765-B, eff 8-2-10 (from Saf-C 5026.02(b)); ss by #12124, eff 3-6-17

 


APPENDIX A

 

Rule

Specific State Statute which the Rule Implements

 

 

Saf-C 5001.01 – Saf-C 5001.02

RSA 160-B:1, X; RSA 541-A:7

Saf-C 5002.01 – Saf-C 5002.08

RSA  541-A:7

Saf-C 5002.09

RSA 160-B:1, X; RSA 541-A:7

Saf-C 5002.10 – Saf-C 5002.17

RSA 541-A:1, XV

Saf-C 5002.18

RSA 259:60; RSA 541-A:7

Saf-C 5002.19 – Saf-C 5002.33

RSA 541-A:7

Saf-C 5003.01

RSA 160-B:3 & RSA 160-B:7

Saf-C 5003.02(a)

RSA 541-A:7

Saf-C 5003.02(b)-(f) & 5003.04

RSA 158:9-f, I(b) & RSA 160-B:7, I

Saf-C 5003.03

RSA 159:9-h, III & RSA 158:9-f, I(b)

Saf-C 5003.04

RSA 158:9-f, I(b) & RSA 160-B:7, I

Saf-C 5003.05

RSA 160-B:3 & RSA 160-B:7

Saf-C 5003.06

RSA 159:9-h, III & RSA 158:9-f, I(b)

 

 

Saf-C 5004.01 – Saf-C 5004.04

RSA 158:9-c, III-a ; RSA 160-B:8, VIII

Saf-C 5004.05

RSA 160-B:4, I(e); RSA 160-B:6, III

Saf-C 5004.06

RSA 160-B:6, III-b

Saf-C 5004.07

RSA 160-B:6, III-a

Saf-C 5004.08

RSA 160-B:6, III-b

Saf-C 5005.01

RSA 160-B:7, I; RSA 160-B:8, I

Saf-C 5005.02

RSA 160-B:8, I; RSA 541-A:30

Saf-C 5005.03

RSA 541-A:31

Saf-C 5006.01 – Saf-C 5006.02

RSA 160-B:6, VI

Saf-C 5007.01

RSA 160-B:7

Saf-C 5007.02

RSA 160-B:7

Saf-C 5007.03 – Saf-C 5007.04

RSA 160-B:7

Saf-C 5007.05 – 5007.07

RSA 160-B:7, V

Saf-C 5008 – Saf-C 5013

RSA 160-B:6, III-a, III-b & RSA 160-B:8, VIII

Saf-C 5014.01

RSA 265:115, VI

Saf-C 5014.02(a)

RSA 265:115, III(c)

Saf-C 5014.02(b) –  Saf-C 5016

RSA 265:115, RSA 158:9-f, I; 160-B:8, VIII

Saf-C 5017- Saf-C 5028

RSA 158:9-f, I; RSA 160-B:7, IV

Saf-C 5029.01(a)

RSA 160-B:8, V

Saf-C 5029.01(b)

RSA 160-B:6, X

Saf-C 5029.02

RSA 158:9-c, III-a ; RSA 160-B:8, VIII

Saf-C 5029.03

RSA 160-B:7, V; RSA 160-B:8, V

Saf-C 5029.04

RSA 160-B:8, VI

 


 

APPENDIX B

 

MATERIALS INCORPORATED BY REFERENCE

 

Rule

Title

Obtain at:

 

 

 

Saf-C 5015.03

National Fire Protection Association (NFPA), 10 Standard for Portable Fire Extinguishers,  2018 edition.

National Fire Protection Association

One Batterymarch Park

Quincy, MA 02269

Phone: 1-800-344-3555

Web site: www.nfpa.org

Ordering and pricing options:

Softcover or pdf - $54.00

 

 

 

 

Saf-C 5016.03(c)

 

National Fire Protection Association (NFPA) 498 “Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives”, 2013 Edition

 

National Fire Protection Association

One Batterymarch Park

Quincy, MA 02269 

Phone: 1-800-344-3555

 

Web site: www.nfpa.org

Ordering and pricing options:

 

Softcover - $40.50 for non-NFPA members and $36.45 for members

 

Online subscriptions are available at www.nfpacodesonline.org

 

 

 

Saf-C 5017.02

National Fire Protection Association (NFPA) 1123 “Code for Fireworks Display”, 2014 Edition.

National Fire Protection Association

One Batterymarch Park

Quincy, MA 02269

Phone: 1-800-344-3555

Web site: www.nfpa.org

Ordering and pricing options:

Softcover - $49.00 for non-NFPA members and $44.10 for members

Online subscriptions are available at www.nfpacodesonline.org