Saf-C 5000

CHAPTER Saf-C 5000 DISPLAY FIREWORKS

Revision Note:

Document #6055, eff 7-1-95, readopted with amendments and renumbered Parts Saf-C 1640 through Saf-C 1665 as Chapter Saf-C 5000. The prior filings for former Saf-C 1640 through Saf-C 1665 include the following documents:

#4584, eff 3-3-89

#5429, eff 6-25-92

#5996, INTERIM, eff 3-3-95, EXPIRES, 7-1-95

#6054, eff 7-1-95

PART Saf-C 5001 SCOPE

Saf-C 5001.01 Applicability. These rules shall apply to the storage, handling, transportation, inspection, administration and use of display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5001.02 Exceptions.

(a) These rules shall not apply to:

(1) The transportation of display fireworks that are under the jurisdiction of the Hazardous Materials Regulation Board of the U.S. Department of Transportation (DOT); and

(2) The transportation and use of military display fireworks by federal and state military departments or federal, state and municipal police departments while in the performance of their duties.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

PART Saf-C 5002 DEFINITIONS

Saf-C 5002.01 "Applicant" means any person requesting a permit.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.02 "Application" means a written request from an applicant to display fireworks or special effects.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.03 "Approved" means approved by the director of state police.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.04 "Authorized signer" means an individual who, as a representative of a person, firm, corporation, or association is allowed to purchase display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5002.05 RESERVED

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

Saf-C 5002.06 "Display" means an exhibition in which there is the firing off, deflagration or detonation of fireworks, including ground or aerial pieces, or special effects.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.07 "Display fireworks" means display fireworks as defined by RSA 160-B:1, X.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01 (formerly Saf-C 5002.10), EXPIRED: 4-25-09

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

Saf-C 5002.08 "Director" means the director of the New Hampshire state police or his designee.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.09 "Explosive" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion and includes, but is not limited to:

(a) Dynamite;

(b) Black powder;

(d) Initiating explosives;

(e) Detonators;

(f) Safety fuses;

(g) Squibs;

(h) Detonating cord;

(i) Igniter cord;

(j) Igniters; and

(k) Display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5002.10 "Finale" means the ignition of one or more single shot mortars to conclude the display.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.11 "Highway" means any public street, public alley, public road, or public way.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.12 "Inhabited buildings" means a building or structure regularly used in whole or part as a place of human habitation. The term also includes any church, school, railway, passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excludes any building or structure occupied in connection with the manufacture, transportation, storage and use of explosive materials.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.13 "Magazine" means any building or structure other than an explosives manufacturing building, approved for the storage of explosives, which can be either mobile or permanent.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.14 "Marshal" means the state fire marshal.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.15 “Mortar” means the pipe or tube from which the display fireworks shells are fired.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5002.16 "Motor vehicle" means “motor vehicle” as defined in RSA 259:60.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.17 "Operator" means the individual person who fires off, discharges, deflagrates or detonates fireworks or special effects and who has been issued a certificate of competency from the director of state police.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.18 "Organization" means any association, society or organized group of persons.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.19 "Permit" means a written authorization for the display of display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5002.20 "Person" means any individual, firm, partnership, corporation, company, association, joint stock association including any trustee, receiver, assignee or personal representative thereof.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.21 "Public conveyance" means any railroad car, streetcar, ferry, cab, bus, airplane or other vehicle which carries passengers for hire.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.22 "Pyrotechnic" means any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.23 "Pyrotechnics" means the display of fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.24 "Pyrotechnics composition" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen and the atmosphere.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.25 "Pyrotechnic device" means any combination of materials, including pyrotechnic compositions which, by the agency of fire, produce an audible, visual, mechanical or thermal effect.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.26 "Sell" means to barter, exchange, give or to offer, with or without consideration, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.27 "Shell" means display fireworks designed to be set off within a mortar or firing tube.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5002.28 "Special effects" means visual or sound effects introduced during a theatrical or musical production with or without an audience.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.29 "Use" means the method or manner by which explosive materials are handled and employed, but does not include storage.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5002.30 "Vessel" means a barge, ship, or boat utilized for carrying persons or cargo upon water.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5003 CERTIFICATES OF COMPETENCY FOR THE DISPLAY OF DISPLAY FIREWORKS

Saf-C 5003.01 Certificate Required. No display of display fireworks shall be conducted unless at least one person with a current certificate of competency for the display of display fireworks is physically present at all times during the setting up, loading and firing of the display. The person with a current certificate of competency shall oversee and assure that the display is being conducted in a safe and secure manner.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5003.02 Certificates of Competency.

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

(b) Certificates of competency for display of display fireworks shall be valid for 4 years from the date of issue unless suspended or revoked by the director.

(c) Certificates of competency for conducting blasting operations issued under RSA 158:9-f and Saf-C 1604 shall not be valid for the display of display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (d) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (d) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5003.03 Minimum Requirements.

(a) An applicant for a certificate of competency shall meet the following minimum requirements:

(1) Compliance with the application procedures set forth in Saf-C 5003.04; and

(2) Pass a written competency test administered by the director.

(b) If an applicant cannot read or write, the written competency test shall be administered orally by the director or his/her designee.

(c) The competency test cited in (a)(2) above, shall test the person's knowledge of the rules and the general procedures for display of display fireworks.

(d) For the purposes of (a)(2) above, an applicant shall receive 8 or less wrong answers in order to pass the test.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a), (b) and (d) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a), (b) and (d) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5003.04 Application Procedures.

(a) Any person who wishes to apply for a certificate of competency for the display of display fireworks shall:

(1) Meet the age requirement set by RSA 160-B;

(2) Appear in person at the New Hampshire department of safety, room 106, 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 a completed application, form DSSP 165, to the director;

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

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

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

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

b. Attest that the applicant was present and assisted the endorsers with the display of display fireworks, pursuant to (5) above; and

c. Make an endorsement on a form supplied by the department which shall include:

1. Date of each of the display;

2. Time of each of the display;

3. Location of each of the display;

4. Number and size of shells; and

5. Specific duties of the applicant.

(b) Applicants shall supply on form DSSP 165 the following:

(1) Name, address and date of birth of applicant;

(2) Applicant's present employer, and position;

(3) Employer's address;

(4) Whether applicant holds a license or certificate of competency to conduct fireworks displays from another state, and if so, the state and the license number;

(5) Whether a license or certificate of competency has ever been denied, and if so, an explanation;

(6) Whether any previous license or certificate of competency has ever been revoked or suspended, and if so, an explanation;

(7) Any criminal record that has not been annulled;

(8) Citizenship status;

(9) Number of years engaged in actual fireworks display;

(10) Companies, municipalities or other organizations that applicant has worked for in this capacity;

(11) Whether applicant is under indictment for a crime punishable by imprisonment for more than one year, and if so, an explanation stating the specific charge, the date of the charge, and the court of jurisdiction;

(12) Whether applicant is a fugitive from justice;

(13) Whether applicant is 18 years of age or older;

(14) Whether applicant uses or is addicted to marijuana, depressants, stimulants or narcotics;

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

(16) Certification that the information provided on or with the form is true; and

(17) Signature under penalty of unsworn falsification.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(1)-(4), (6), (7)c. and (b) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(1)-(4), (6), (7)c. and (b) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05

Saf-C 5003.05 Renewal of Certificate of Competency.

(a) All applicants for renewal of certificates of competency shall complete form DSSP 165.

(b) If the renewal application is filed with the director prior to the expiration of the certificate of competency, the renewal shall become effective when the old certificate of competency expires.

(c) No renewal certificate of competency shall be issued more than 30 days before the expiration date of the current certificate of competency. If an application for renewal is filed more than 30 days after the expiration of the old certificate of competency, it shall be considered as an application for an original certificate of competency.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5004 LICENSES TO STORE DISPLAY FIREWORKS

Saf-C 5004.01 Storage Licenses. Storage licenses shall be issued to persons qualified to engage in the storage of display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5004.02 Minimum Requirements.

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

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

(2) Magazine(s) which comply with the magazine provisions of these rules.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5004.03 Application Procedures.

(a) Any person who wishes to apply for an original license to store display fireworks shall:

(1) Meet the age requirement set by RSA 160-B;

(2) Appear in person at the New Hampshire department of safety, room 106, during normal business hours;

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

(4) Complete the application, form DSSP 110; and

(5) Make payment of the fee as specified in RSA 158:9-c.

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

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

(2) Applicant’s name, address, date of birth, present employer;

(3) Employer’s address;

(4) Applicant’s position;

(5) If the applicant is not an individual, the name and address of the person in charge, the address of the person signing the application, and the date of birth of the person signing the application;

(6) Applicant’s telephone number;

(7) Whether the applicant holds a license or certificate of competency from another state and if so, the state and license number;

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

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

(10) Whether the applicant has a criminal record, and if so, an explanation;

(11) Whether applicant is an American citizen;

(12) Number of years applicant has been engaged in actual blasting;

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

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

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

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

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

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

(19) Certification that the information is true and that applicant is familiar with the state laws, rules and local ordinances relating to explosives.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(1)-(5) and (b) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(1)-(5) and (b) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05

Saf-C 5004.04 Renewal of License.

(a) All applicants for renewal of license shall complete for DSSP 110.

(b) If the renewal application is filed with the director prior to the expiration of the license, the renewal shall become effective when the old license expires.

(c) No renewal license shall be issued more than 30 days before the expiration date of the current license. If an application for renewal is filed more than 30 days after the expiration of the old license, it shall be considered as an application for an original license.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5004.05 License Provisions.

(a) No person shall deliver any explosive materials to any magazine which is not licensed in accordance with RSA 158:9-c, or is not in compliance with the rules adopted by the commissioner.

(b) One copy of the explosive magazine license shall be prominently displayed at the magazine and shall be available for inspection upon requests of the director or his designee.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5004.06 Background Investigation. Pursuant to RSA 160-B:6, III-b, the department shall conduct a background investigation to verify the information provided on DSSP 110 and to ensure compliance with the requirements of these rules and RSA 160-B.

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

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

Saf-C 5004.07 Sole Use of Building. Pursuant to RSA 160-B:6, III-a, any building used for the storage and/or sale of fireworks, shall be dedicated solely to the storage and/or sale of fireworks and items relating to the sale and promotion of fireworks as permitted by these rules.

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

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

Saf-C 5004.08 Inspection. Pursuant to RSA 160-B:6, III-b, following receipt of an application as specified in Saf-C 5004.03, the department shall conduct an inspection of the site, including all buildings where fireworks will be sold and/or stored to determine compliance with all applicable statutes and rules, including Saf-C 6000.

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

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

PART Saf-C 5005 LICENSE OR CERTIFICATE OF COMPETENCY, DENIAL, SUSPENSION AND REVOCATION

Saf-C 5005.01 Denial.

(a) The issuance or renewal of any license or certificate of competency, as set forth in Saf-C 5003.04 and Saf-C 5004.04, shall be denied by the director for the following:

(1) Failure to comply with the licensing requirements as set forth in Saf-C 5003 or Saf-C 5004;

(2) Noncompliance with any lawful order of the director relative to explosives, pursuant to RSA 158:9-e, IV and RSA 158:9-f, II;

(3) The applicant is under indictment for, or has been convicted of, a crime punishable by imprisonment for a term exceeding one year, which involved acts of violence, fraud, or dishonesty such as, but not limited to, murder, assault, subversive activities, terrorism, extortion and embezzlement;

(4) The applicant is a fugitive from justice;

(5) The applicant is an unlawful user of narcotics or controlled drugs, or is addicted to alcohol, narcotics or controlled drugs;

(6) The applicant advocates, or knowingly belongs to any organization or group that advocates violent overthrow of or violent action against any federal, state, or local government;

(7) The applicant is under the age specified in RSA 160-B;

(8) The applicant suffers from a mental or physical defect that would interfere with the applicant’s safe use of explosives;

(9) Violation by the applicant of any provision of RSA 158 or of any rule adopted thereunder; and

(10) The licensee or holder of a certificate of competency gave false information or made any misrepresentation in order to obtain such a license or certificate.

(b) Any person who has been denied a license or certificate of competency may request, in writing, a hearing before the director within 10 days of the date of such denial. The director shall extend the 10 day time limit for good cause.

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member; or

(5) Any other exigent circumstance beyond the control of the person.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5005.02 Suspension or Revocation.

(a) A license or certificate of competency shall be suspended, for the reasons set forth in Saf-C 5005.01(a)(1), (2) or (9), or revoked after a hearing for any of the reasons set forth in Saf-C 5005.01 (a)(3)-(8) or (10) above.

(b) In addition to (a) above, a license or certificate of competency shall be revoked when the director determines that an individual is a threat to the public or the state, or any subdivision thereof such as, but not limited to, when an individual has made threats against a person or public building.

(c) The director shall notify the licensee or holder of a certificate of competency in writing of the date, time and place of the hearing which shall be scheduled at least 10 days from the date of notice. The notice shall specify the reason why suspension or revocation is under consideration.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5005.03 Hearing Procedures. Hearings shall be conducted by the bureau of hearings. The hearing procedures that are followed shall be those outlined in Saf-C 202.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5006 RECORD KEEPING AND NOTIFICATION

Saf-C 5006.01 Record Required.

(a) No person shall sell or transfer ownership of any display fireworks without making a record. The record shall be kept by the transferor for at least 2 years.

(b) The record in (a) above shall contain the following:

(1) The name and address of the receiver;

(2) The date of transfer;

(3) The type and quantity of display fireworks sold;

(4) The serial number of the display fireworks, if any; and

(5) If the explosive material is to be used within the State of 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, EXPIRES: 11-11-09

Saf-C 5006.02 Notifications.

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

(b) The loss, theft, or unlawful removal of any display fireworks shall be reported by the licensee to the director within 24 hours of the discovery of the loss, theft or unlawful removal.

(c) The licensee shall notify the director prior to placement of the location of any unattended magazine, used overnight. The licensee shall state the estimated length of time the magazine shall be at the location. The director shall be notified within 48 hours upon removal of the magazine.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a) and (c) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a) and (c) EXPIRED: 1-10-05 ;amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

PART Saf-C 5007 APPLICATIONS AND PERMITS FOR DISPLAY

Saf-C 5007.01 Applications.

(a) An application for a permit for a supervised display of display fireworks by a municipality, an association, amusement park, other organizations or person, shall be in writing on form DSSP 166.

(b) Applications for display shall be submitted to the head of the fire department and to the licensing board, or in the absence of a licensing board, to the chief of the police department or governing board in the municipality where the display shall be given, not less than 15 days in advance of the display.

(c) The operator of the display shall provide the director with an approved form DSSP 166 at least 5 days prior to the intended date of the display.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (b) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (b) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5007.02 Application for Display Permit.

(a) Each applicant for a display permit shall make application on form DSSP 166.

(b) An applicant shall submit the following on DSSP 166:

(1) Date of application;

(2) Name of sponsoring organization or individual;

(3) Date of birth, if applicable;

(4) Complete address of sponsor;

(5) Name and address of sponsor owner or person in charge, if other than an individual;

(6) Intended date and time of display;

(7) Name and address of person or company furnishing the display material;

(8) Name of company issuing surety bond and amount of coverage, if required;

(9) Name, address of operator(s) who will fire display, and certificate of competency number;

(10) Location of proposed display;

(11) Amount and description of fireworks to be discharged and whether manually or electrically fired; and

(12) Signature of applicant.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5007.03 Duties of Officials.

(a) Upon receipt of the application in accordance with RSA 160-B:7, the head of the fire department shall investigate the facts set forth in the application and inspect the display grounds to determine if the grounds comply with these rules.

(b) Upon completion of the investigation and inspection, the head of the fire department shall transmit the application with an endorsement thereon, or reasons for withholding such endorsement to the licensing board or, in the absence of a licensing board, to the chief of police or the governing board of the town, city or village district.

(c) After review of the recommendations of the head of the fire department, the licensing board, or, in the absence of a licensing board, the chief of police or the governing board of the town, city or village district, shall endorse the application and grant a permit for the display or deny the application, in accordance with RSA 160-B:7, IV.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5007.04 Application to be Transmitted. A copy of the approved application and permit for display or the denied application and reasons for denial, shall be transmitted to the applicant and to the director by the licensing board, chief of police or governing board, at least 5 days prior to the intended date of the display.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5007.05 Permits not Transferable. No permit granted for a supervised display of display fireworks shall be transferable.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5007.06 Permits Valid for Display Date Only. Permits issued for the display of display fireworks shall be valid only for the display date indicated on the permit. If unforeseen conditions such as weather or high winds require a change in the display date, the head of the fire department and the licensing board of the municipality, or in the absence of a licensing board, the chief of police or governing body of the municipality, shall determine whether the permit shall be extended.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5007.07 Insurance or Bonding Requirements. Each applicant for a permit to display display fireworks shall present at the time of application, such proof of insurance or bonding coverage as required by Saf-C 2603.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

PART Saf-C 5008 STORAGE OF DISPLAY FIREWORKS

Saf-C 5008.01 Storage Requirements.

(a) Display fireworks shall be kept in magazines which meet the requirements of these rules.

(b) An outdoor magazine used for unattended overnight storage of display fireworks shall not be less than one cubic yard in size.

(c) Display fireworks shall be stored in a type 4 magazine in compliance with the rules set forth in Saf-C 5009, or in types 1, 2 or 3 as set forth in Saf-C 1610, Saf-C 1611 and Saf-C 1612.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5008.02 Inspection. All storage facilities shall be subject to periodic and unannounced inspections by the director for the purpose of determining compliance by the licensee with these rules.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5008.03 Exceptions.

(a) All display fireworks shall be kept in storage magazines unless they are:

(1) In process of manufacture;

(2) Being used; or

(3) Being transported.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-0101; paragraphs (a)(1)-(3) EXPIRED 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(1)-(3) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05

PART Saf-C 5009 CONSTRUCTION OF TYPE 4 MAGAZINES

Saf-C 5009.01 Structure.

(a) A type 4 magazine may be a building, an igloo, a tunnel, a dugout, a box, a trailer, or a semi-trailer or other mobile facility and shall be fire-resistant, weather-resistant, and theft-resistant. A type 4 magazine shall be constructed of masonry, metal-covered wood, fabricated metals, or a combination of these materials.

(b) In the interior of storage facilities, stored materials shall be placed so that they do not interfere with ventilation.

(d) Foundations shall be constructed of brick, concrete, cement block, stone or wood posts. If piers or posts are used in lieu of a continuous foundation, the space under the magazine shall be enclosed with metal.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5009.02 Doors.

(a) The doors or covers of a Type 4 magazine shall be metal or solid wood covered with metal. Hinges and hasps shall be attached to doors by welding, riveting, or bolting with the nuts on the inside of the door. Hinges and hasps shall be installed in such a manner that they cannot be removed when the doors are closed and locked.

(b) Each door shall be equipped with:

(1) 2 mortise locks; or

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

(3) A combination of mortise lock and padlock; or

(4) A mortise lock that requires 2 keys to open; or

(5) A 3-point lock.

(c) Locks shall be 5-tumbler proof. All padlocks shall be protected with ¼ inch steel caps constructed so as to prevent locks or hasps from being pried or sawed.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5009.03 Outdoor Magazines. The ground around the magazines shall slope away for drainage. When unattended, a vehicular magazine shall have its wheels removed or shall be otherwise effectively immobilized by kingpin locking devices.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5009.04 Indoor Magazines.

(a) An indoor magazine for the storage of display fireworks shall not be located in a residence or dwelling. When located in a warehouse, wholesale, or retail establishment, the magazine shall be equipped with wheels or casters to facilitate removal.

(b) No more than one indoor storage magazine shall be kept in any one building. The magazine shall be located on the floor nearest the ground level and within 10 feet of an outside exit.

(c) An indoor magazine shall not contain a quantity of display fireworks in excess of 50 pounds. When unattended, the building housing the magazine shall be locked.

PART Saf-C 5010 LOCATION OF MAGAZINES

Saf-C 5010.01 Location. Magazines for display fireworks shall be located no closer than the minimum distances from inhabited buildings, passenger railways, public highways, and from other magazines in which explosive materials are stored, as specified in table 16.40.1, table of distances for storage of low explosives, in Saf-C 1640.01.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5010.02 Grouped Magazines. If 2 or more magazines are separated from each other by less than the distance specified in, table 1640.1, the table of distances in Saf-C 1640.01, then those magazines, as a group, shall be considered as one magazine. The total quantity of explosive materials stored in the group shall be treated as if stored in a single facility and shall comply with the minimum of distances specified in tables 1640.1, 1640.2 or 1640.3, the table of distances as cited in Saf-C 1640 from inhabited buildings, passenger railways, and public highways.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5011 MAGAZINE RESTRICTIONS

Saf-C 5011.01 Smoking and Open Flames. Smoking, matches, open flames, and spark-producing devices shall not be permitted in, or within, 50 feet of any magazine containing explosive materials, including display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.02 Lighting. No lighting shall be placed or used in a magazine containing display fireworks except battery-activated safety lights or safety lanterns.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.03 Ventilation. Display fireworks within a storage facility shall not be placed directly against interior walls. Any devices constructed or placed within a magazine shall not interfere with ventilation.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.04 Arrangement and Display. Containers of display fireworks shall be stored by being laid flat with top sides up. Corresponding sizes, grades and brands shall be stored together within a magazine in such a manner that size, grade, and brand marks are easily visible upon inspection. Stocks of display fireworks shall be stored so as to be easily counted and checked.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.05 Unpacking and Repacking.

(a) Except for fiberboard containers or other non-metal containers, containers of display fireworks shall not be unpacked or repacked inside a magazine or within 50 feet thereof and shall not be unpacked or repacked within 50 feet of other explosive materials.

(b) Containers of display fireworks shall be closed while being stored.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.06 Tools. Tools used for opening or closing containers of display fireworks shall be of non-sparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber or wooden mallet shall be used for opening or closing wood containers of display fireworks. Metal tools other than non-sparking transfer conveyors shall not be stored in any magazine containing display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.07 Responsibility.

(a) The owner of a magazine shall:

(1) Be at least 21 years;

(2) Be responsible for the enforcement of all safety precautions; and

(3) Be in charge of the magazine at all times.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5011.08 Inspection for Entry or Theft.

(a) A magazine containing display fireworks shall be inspected at a minimum of every 3 days to determine whether there has been an unauthorized entry or attempted entry into the magazine or to determine whether there has been unauthorized removal of the magazine.

(b) In addition to (a) above, a magazine containing display fireworks shall be opened at a minimum of every 3 days to determine whether there has been unauthorized removal of any of the contents of the magazine.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5011.09 Precautions.

(a) The magazine's door shall be locked, except during the time of placement and removal of display fireworks or during an inspection.

(b) No display fireworks shall be left unattended or unsecured except while being stored in an approved magazine or being transported in accordance with Saf-C 5016.03.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

PART Saf-C 5012 UPKEEP AND REPAIR OF MAGAZINES

Saf-C 5012.01 Housekeeping.

(a) Magazines shall be kept clean, dry, and free of grit, paper, empty packages, containers, and rubbish. Floors shall be swept regularly in order to maintain its cleanliness. Brooms and other utensils used in the cleaning and maintenance of magazines shall have no spark-producing metal parts.

(b) Floors stained by leakage from explosive materials shall be cleaned according to the instructions of the explosives materials manufacturer. When any explosive material has deteriorated to the extent that it is in a dangerous condition, or if a liquid leaks therefrom, it shall be destroyed in accordance with the instructions of its manufacturer.

(c) The area surrounding the magazine shall be kept clear of rubbish, brush, dry grass, or trees for at least 25 feet in all directions. Any other combustible materials shall be kept a distance of at least 50 feet from outdoor magazines.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5012.02 Repair.

(a) Prior to the interior repair of a magazine, all explosive materials shall be removed and the interior shall be cleaned.

(b) Prior to the exterior repair of a magazine, all explosive materials shall be removed if there exists a possibility that such repairs might produce sparks or flames.

(c) The explosive materials removed from a magazine under repair shall be placed in another magazine appropriate for the storage of such materials or placed a safe distance from the magazine under repair where they shall be guarded and protected until the repairs have been completed.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5013 CONSTRUCTION OF PADLOCKS, STEEL CAPS, AND HOODS

Saf-C 5013.01 Padlocks. Padlocks used on outdoor storage magazines shall be constructed of not less than 7/16 inch diameter shackle, case hardened or stainless steel alloy, 420°F or 216°C, heat treated to rockwell hardness of C53. Shackle clearance shall not be less than one inch.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5013.02 Steel Caps and Hoods. Whenever steel caps or hoods are required to protect padlocks, the steel cap or hood shall be constructed of not less than ¼ inch steel and shall be designed to eliminate access to the hasp between the hood or cap and magazine. An extra ¼ inch steel shall be required by the director when it is necessary to prevent the cutting of any part of the locking assembly.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5014 TRANSPORTATION OF DISPLAY FIREWORKS

Saf-C 5014.01 Prohibited Ways. Pursuant to RSA 265:115, VI, display fireworks shall not be transported through any vehicular tunnel, over any prohibited bridge, roadway, or elevated highway.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INTERIM, eff 5-15-09

Saf-C 5014.02 Prohibited Acts.

(a) No person shall smoke, carry matches or any other flame-producing device, or firearms, or loaded cartridges while in or within 50 feet of a motor vehicle transporting display fireworks.

(b) No person shall park his/her motor vehicle transporting display fireworks within 300 feet of an open fire.

(c) The driver shall load or unload the vehicle in compliance with 49 CFR 177.834 through 177.844, pursuant to RSA 21-P:17, I(a).

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (c) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (c) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5014.03 Public Conveyance. Display fireworks shall not be carried or transported in or on a public conveyance.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

Saf-C 5014.04 Transferal from Vehicle. Display fireworks shall not be transferred from one vehicle to another on any highway within the state of 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 notified to help safeguard such emergencies. Display fireworks shall be transferred from the disabled vehicle to another only when proper and qualified supervision, as provided by the local fire and police departments, is provided.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

Saf-C 5014.05 Additional Requirements. In addition to all other applicable requirements set forth in these rules, those transporting explosive materials, including display fireworks, over all highways shall comply with applicable requirements in 49 CFR 170 to end.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

PART Saf-C 5015 VEHICLES TRANSPORTING DISPLAY FIREWORKS

Saf-C 5015.01 Condition of Vehicles.

(a) Vehicles used for transporting display fireworks shall be strong enough to carry the load without difficulty or exceeding manufacturer's recommended gross vehicle weight and shall be in good mechanical condition.

(b) If a vehicle does not have a closed body, the body shall be covered with a flame retardant and moisture proof tarpaulin or other effective protection against moisture and sparks. Packages of display fireworks shall not be loaded above the sides of an open-body vehicle.

(c) All vehicles used for the transportation of explosive materials, including display fireworks, shall have tight floors and any exposed potentially spark-producing metal, on the inside of the body, shall be covered with wood or other non-sparking materials to prevent contact with packages of explosives.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

Saf-C 5015.02 Marking of Vehicle. Every vehicle used for transporting display fireworks shall be marked in accordance with 49 CFR 172.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

Saf-C 5015.03 Fire Extinguishers. Each motor vehicle used for transporting display fireworks shall be equipped with 2 fire extinguishers having a combined rating of at least 2-A:10B:C. Extinguishers shall be filled, ready for immediate use, and located near the driver's seat. Extinguishers shall be examined periodically by the driver, in accordance with National Fire Protection Association standard number 10, 1998 edition, for portable fire extinguishers.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 5-15-09

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

Saf-C 5015.04 Inspection.

(a) A motor vehicle used for transporting display fireworks shall be inspected daily by the driver prior to operation to determine whether the vehicle is in proper condition for safe transportation of explosive material.

(b) The following shall be inspected:

(1) The fire extinguisher, which shall be filled and ready for immediate use;

(2) All visible electrical wiring underneath the dashboard, the vehicle or the hood of the vehicle, which shall be protected and securely fastened to prevent short-circuiting;

(3) The chassis, motor, pan, and underside of body, which shall be reasonably clean and free of excess oil and grease;

(4) Fuel tank and feed line;

(5) Brakes, lights, horn, windshield wipers, and steering apparatus; and

(6) Tires, which shall be properly inflated and free of defects.

PART Saf-C 5016 OPERATION OF VEHICLES TRANSPORTING DISPLAY FIREWORKS

Saf-C 5016.01 Drivers. Vehicles transporting display fireworks shall be driven by a properly licensed driver who is in compliance with Saf-C 603.09.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5016.02 Parking. Except under emergency conditions, no vehicle display fireworks shall be parked before reaching its destination, even though attended, on any public street adjacent to or in proximity of any bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5016.03 Attendant and His Duties.

(a) Every motor vehicle transporting any quantity of display fireworks shall, at all times, be attended by a driver or a designee of the motor carrier operating the vehicle. The attendant shall be informed by the carrier that there are explosive materials in the vehicle and shall be made aware of its inherent dangers. The driver or attendant shall be made aware of the procedures to be followed, pursuant to Saf-C 603.06 and Saf-C 604.03, in order to protect the public from the dangers. The attendant shall be familiar with the vehicle and shall be trained, in accordance with the training requirements set forth in 49 CFR 172, 177, and 390-397.

(b) For the purpose of this section, a motor vehicle shall be deemed to be attended only when:

(1) The driver or other attendant is physically on or in the vehicle or has the vehicle within his field of vision and can reach it quickly without any kind of interference; and

(2) The driver or attendant is awake, alert and not engaged in other duties or activities which may divert his attention from the vehicle, except for necessary communication with public officers, representative of the carrier, shipper, consignee, or except for necessary absence from the vehicles to obtain food or use a restroom.

(c) A vehicle carrying display fireworks may be left unattended in accordance with Saf-C 603.01 or if parked in an area that complies with the requirements of the National Fire Protection Association standard number 498, 1996 edition, for explosives motor vehicle terminals.

Saf-C 5016.04 Hazardous Materials. Spark-producing metal, spark-producing metal tools, oils, matches, firearms, electric storage batteries, flammable substances, acids, oxidizing materials, or corrosive compounds shall be carried in the body of any motor truck of vehicle transporting display fireworks only if in compliance with other applicable federal regulations.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5016.05 Congested Areas. Vehicles transporting display fireworks shall avoid congested areas and heavy traffic. Where routes through congested areas have been designated by local authorities, such routes shall be followed.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5016.06 Delivery. Delivery shall only be made to magazines which have met the requirements of Saf-C 5009.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5017 LOCATION OF DISPLAY

Saf-C 5017.01 Minimum Distances.

(a) A display of display fireworks shall not be held unless the actual point at which they are to be discharged meets the following minimum separation distance requirements:

(1) At least 50 feet from the nearest above ground electrical, telephone or telegraph line, tree or overhead obstruction;

(2) At least 200 feet from the nearest public highway, railroad or other means of travel unless closed to travel during the display;

(3) At least 200 feet from the nearest building;

(4) At least 250 feet from the nearest tent or canvas shelter; and

(5) At least 500 feet from the nearest hospital, penal facility or other health care or detention establishment.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(1)-(5) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(1)-(5) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05

Saf-C 5017.02 Distance from Audience.

(a) The audience at a display of display fireworks shall be restrained behind lines that are at least 200 feet from the point where the display fireworks are discharged. For any display containing one or more shells of 10 inches or larger in diameter, the audience shall be restrained behind lines that are at least 300 feet from the point of discharge.

(b) Only persons in charge of the display shall be allowed inside the lines. The restraining lines shall be erected with fencing or rope which shall clearly define the restricted discharge area.

Saf-C 5017.03 Responsibility of Operator. It shall be the responsibility of the operator to determine that the area in which the display is to be discharged is safe and that these rules are complied with.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5017.04 Postponement of Display. The head of the fire or police departments or the director or his designee shall order postponement of the display for any violation of these rules until such time as the violation shall have been corrected.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5018 FIREWORKS AT THE DISPLAY SITE

Saf-C 5018.01 Precautions.

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

(b) Upon delivery to the display site, all shells shall be inspected by the display operator. Any shells having tears, leaks, broken fuses or showing signs of having been wet, shall be set aside and shall not be fired. After the display, any defective shells shall be returned to the supplier.

(c) All shells shall be separated according to diameter and stored in tightly covered containers of metal, wood, plastic, or in fiber drums or corrugated cardboard cartons meeting U.S. department of transportation specifications for transportation of display fireworks. A flame-resistant tarpaulin meeting the requirements of Standard Methods of Fire Tests for Flame-Resistant Textiles and Films, NFPA 701, 1999 edition, shall be used as a covering over the containers.

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

(e) During the display, except where conditions do not permit, such as on a barge or point of land, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (b), (d) and (e) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (b), (d) and (e) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

PART Saf-C 5019 DISPLAY MORTARS

Saf-C 5019.01 Requirements for the Display of Single Fire Mortars.

(a) Single fire mortars shall be constructed of non-fragmentary steel, aluminum, or other material, approved by the director, of not less than ¼ inch in thickness, and shall be capped at the base by a threaded or welded cap. Wood plug base ends shall not be permitted.

(b) Single fire mortars up to 10 inches in diameter shall be buried in a trench at least 18 inches apart to a depth of not less than ¾ of their length. In no case shall the protrusion above ground exceed 8 inches. The trench shall be provided with a wooden base planking that shall be equivalent in width to the largest diameter mortar used. The portion of the mortar tube extending above ground shall be protected with railroad ties or their equivalent placed on both sides of the tubes and firmly secured together by wood or metal connecting straps. All remaining space between mortars shall be filled with firmly tamped sand or earth.

(c) For the purposes of paragraph (a) above, a material shall be approved by the director if the licensee can demonstrate, through documentation provided by the manufacturer, that the material can withstand equal or greater strength without displaying any fragmentation.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5019.02 Exceptions.

(a) In display locations where ground excavation or trenching is not feasible, due to unremovable ground conditions such as tar, the director or the head of the fire department shall allow multiple shot mortars of up to 6 inches in diameter to be buried to ¾ its length in sturdy wooden boxes with partitions, at least 2 feet wide by 3 feet in height filled with clean sand, and provided with 18 inch spacing between mortars or direct that the display location be moved to a site where trenching is feasible.

(b) In lieu of using sturdy wooden boxes with partitions, as set forth in (a) above, sturdy 55 gallon steel drums filled with clean sand may be used so long as no more than 2 mortars are placed in each drum.

(c) The director or fire department head in determining whether the display location shall be moved to a site where trenching is feasible shall consider:

(1) Whether there is an area around the proposed display location where trenching is available;

(2) Whether the nearest available trenchable site is adequate to hold the audience for the fireworks display; and

(3) Whether the nearest available trenchable site meets the requirement set forth in Saf-C 5017.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5020 SINGLE SHOT OR FINALE MORTARS

Saf-C 5020.01 Construction.

(a) Single shot or “finale” mortars shall be constructed of a minimum of 18 gauge galvanized metal with welded seams, or of any approved non-fragmentary type material, as determined pursuant to Saf-C 5019.01(c). Wood plug base ends shall be permitted for finale mortars.

(b) Single shot or “finale” mortars in excess of 6 inches in diameter shall be of steel or aluminum only.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5020.02 Finale Mortars. Each finale mortar shall be buried in a trench at least ¾ of its length, but in no case shall the protrusion above ground exceed 10 inches. All seam welds, whenever practicable, shall face away from the audience. Burial shall be in a trench only. Finale mortars shall not be buried in rows in an open pit-like excavation.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5020.03 Time Rack Construction.

(a) The time rack or ignition train used for tying the leaders of each shell shall be so constructed that the time rack shall not exceed the height of the finale mortar opening.

(b) For the purposes of this section, time rack, also known as an ignition train, means the device which connects the fuse and the finale mortars together in a row so that when the leading finale mortar is ignited, each subsequent final mortar is ignited after the passing of an interval of time.

r is ignited, each subsequent finale mortar is ignited after the passing of an interval of time.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5020.04 Single Shot Mortars. Single shot mortars up to 8 inches in diameter shall be buried to ¾ its length in sand filled boxes or steel 55 gallon drums, and single shot mortars greater than 8 inches in diameter and up to 12 inches in diameter shall be buried to ¾ its length in separate sand filled boxes or steel 55 gallon drums in accordance with Saf-C 5020.02.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5020.05 Mortar Rack Mounting.

(a) Single shot or “finale” mortars may be rack-mounted to adequately constructed wooden racks. Each mortar shall be securely fastened to its rack and each rack securely supported individually and at both ends.

(b) Single shot mortars shall comply with the following:

(1) Spacing between mortars in a rack shall be at least ½ the diameter of the adjacent mortar;

(2) Parallel racks or rows of racks shall be no less than 12 inches apart; and

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

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5021 INSPECTION AND PLACEMENT

Saf-C 5021.01 Inspection of Mortars. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortar shall be removed.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5021.02 Position of Mortars. Mortars shall be positioned so that the shells are carried away from spectators and into a clear area, with the projectile going into the air as nearly vertical as possible.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5021.03 Protection from Weather.

(a) Mortars shall be protected from damp weather as follows:

(1) In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture; and

(2) Weather-resistant bags, tarps or plastic sheeting shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside of the mortar.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5021.04 Operator Protection. Sand bags, dirt boxes, or other material that offers equal or greater protection shall be placed behind the mortars to protect the operator from ground bursts. This requirement shall not apply to the landing area of the discharge site.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5022 POTENTIAL LANDING AREA

Saf-C 5022.01 Area to be Clear.

(a) The potential landing area shall be a large, clear, open area acceptable to the head of the fire department.

(b) Spectators, vehicles, or any readily combustible materials shall not be relocated within the potential landing area during the display.

(c) For the purpose of this section, “landing area” means the area over which firework shells are fired. The shells burst over this area, and unignited fireworks and unsafe debris fall into this area.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5023 ELECTRICAL DISPLAY FIRING

Saf-C 5023.01 Electrical System Requirements. All electrical firing systems shall be in accordance with Chapter 5 of the Code for the Outdoor Display of Fireworks, NFPA 1123, 1995 edition.

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

Saf-C 5023.02 Operator Requirements.

(a) For each electrical display firing, the operator shall comply with the following:

(1) All firing shall be done from a remote central control location that provides the operator(s) with an unobstructed view of the entire display;

(2) All wiring and firing system set-up shall be done under the direct control of the operator who shall also insure that the firing device or control panel is properly safeguarded; and

(3) Prior to the display, precautions shall be taken to preclude the possibility of premature ignition due to stray sources of electrical or radio frequency energy.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)(2)-(3) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)(2)-(3) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5023.03 Electrical Mis-Fires. Should any shell fail to function as intended, the igniter for that shell shall be re-shunted and the shell shall be removed in accordance with Saf-C 5024.08.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5024 FIRING OF THE DISPLAY

Saf-C 5024.01 Operator and Assistant to be on Duty During Display. At all times, there shall be at least one operator and one assistant, who is at least 18 years of age, to conduct each display of display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

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

Saf-C 5024.02 Loading Shells. Shells shall not, under any circumstance, be forced into a mortar too small to accept them. Shells that do not fit properly into the mortars shall not be fired.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.03 Igniting of Shells. Shells shall be ignited by lighting the tip of the fuse with a fusee, torch, portfire, or similar device. The operator shall never place any part of his or her body over the mortar at any time. As soon as the fuse is ignited, the operator shall retreat from the mortar area.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.04 Prohibitions.

(a) Shells shall be carried from the storage area to the discharge site only by their bodies, and never by their fuses.

(b) The safety cap protecting the fuse shall not be removed by the operator responsible for igniting the fuse until immediately before the shell shall be fired.

(d) No attempt shall be made to repair a damaged shell or to attempt to dismantle a dry shell. The operator shall contact the supplier for proper disposal instructions.

(e) Display fireworks that have become wet shall not be utilized even if dried out.

(f) Displays shall not be set up during any rain or snow storm or displayed during any electrical storm or when the wind reaches a velocity of more than 20 miles per hours.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraphs (a)-(d) and (f) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraphs (a)-(d) and (f) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05, amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5024.05 Installation of Mortars.

(a) A cleaning tool shall be utilized for cleaning debris out of the mortars between firings.

(b) Mortars shall be inspected before the first shells are loaded to ensure that no water or debris has accumulated in the bottom of the mortar.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.06 Use of Alcohol or Drugs.

(a) No person shall handle, transport or display any display fireworks while under the influence of or having consumed, within the previous 4 hour period, alcohol or controlled substances.

(b) Paragraph (a) shall not apply to the possession or use of a substance administered to a person by or under the instructions of a licensed physician or medical specialist, who is authorized by RSA 318:42 to prescribe controlled drugs, and who has advised the person that such substance will not affect his/her ability to handle, transport or display any display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; ss by #7481, eff 4-25-01, EXPIRED: 4-25-09

New. #9471, INITERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5024.07 Cancellation of Display. The local fire chief, police chief, or the director shall cancel any display when the behavior or condition of the operator or assistant is such as to imperil the public safety.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.08 Misfires. In the event of a shell failing to ignite in the mortar, the mortar shall be left alone for a minimum of 5 minutes, than carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.09 Search of Display Area.

(a) It shall be the responsibility of the operator to ensure that a thorough search of the display area is made for any unignited fireworks or remnants thereof, containing explosives. The search shall be conducted at the completion of the display and at the first available daylight following the display.

(b) Upon completion of the search, the operator shall report all findings to the head of the fire department in the municipality where the display was held. It shall be the responsibility of the operator to dispose of any such items found.

(c) The operator of the display shall keep a record on a form provided by the supplier of all shells that fail to ignite or fail to function. The form shall be completed and returned to the supplier.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5024.10 Fire Equipment.

(a) The sponsor of the display shall arrange for the presence of one or more members of the local fire department as may be required by the head of the fire department. They shall be on duty from the time the fireworks are delivered at the site until the termination of the display and removal of all fireworks and debris from the site. For the purpose of this rule debris shall include any unignited fireworks or remnants containing explosive material.

(b) The head of the fire department shall designate such fire extinguishing equipment as may be required at the display site from the time the fireworks are delivered at the site until the termination of the display and removal of all fireworks and debris from the site. The head of the fire department shall designate the location and type of fire extinguishing equipment.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

PART Saf-C 5025 MARINE DISPLAYS

Saf-C 5025.01 Inspection. All barges and vessels used as launch platforms for the supervised display of display fireworks shall be open to inspection by the director, the head of the local police and fire departments, harbor master having jurisdiction or to any person delegated by the aforementioned.

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

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

Saf-C 5025.02 Construction of Barges. All barges used for marine displays shall be of sturdy, seaworthy construction, properly maintained, and provided with adequate towing, anchor, and mooring lines or chains.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5025.03 Barge at 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

Saf-C 5025.04 No Hazardous Cargo. No barge that is used for the transportation of fuel or other hazardous cargo, above or below deck, shall be used unless the hazardous cargo and residue thereof has been removed and any holding tanks purged, as directed by the head of the local fire department.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5025.05 Decking to be Covered. All barges with decks of wooden construction shall have all exposed decking covered with a minimum of one inch of clean sand.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5025.06 Vessel to be Placarded. Any vessel transporting class B special fireworks on any water of the state shall have affixed midship on both side thereof, an Explosive B placard as outlined in Saf-C 1621.02.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

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

New. #8261, eff 1-21-05

Saf-C 5025.07 Restrictions.

(a) No personnel other than those directly responsible for discharge of the display shall be allowed on such barge during the display.

(b) No smoking shall be allowed on any vessel containing display fireworks.

Source. (See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95; amd by #7481, eff 4-25-01; paragraph (a) EXPIRED: 7-1-03; amd by #8117, INTERIM, eff 7-14-04; paragraph (a) EXPIRED: 1-10-05; amd by #8261, eff 1-21-05; amd by #9471, INTERIM, eff 5-15-09, EXPIRES: 11-11-09

Saf-C 5025.08 Safety Requirements.

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