CONSUMER FIREWORKS In NYS. January 18, 2018
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1 CONSUMER FIREWORKS In NYS January 18, 2018
2 January 18,
3 January 18, CONSUMER FIREWORKS IN NY STATE This presentation covers. - Definitions - Applicable Laws and Rules - Standards - OFPC s Role - DOS & AHJ s Role - Resources
4 January 18, Consumer Fireworks Legislation - Signed into Law November 21, Third Attempt - What Changed? - Penal Law -GBL - Executive Law -OFPC -DOS
5 January 18, Consumer Fireworks Legislation On 10/23/2017 the new amendment was signed into legislation. This amended 270 &405 of the Penal Law It removed the requirement of counties and cities to opt in. Now it is legalized in counties unless they pass local law to opt out.
6 January 18, Penal Law of NY State Penal Law Section Subdivision 1 - Definitions -Fireworks - Display Fireworks - Articles Pyrotechnic - Special Effects - Consumer Fireworks - Sparkling Devices
7 January 18, Display Fireworks
8 January 18, Articles Pyrotechnic
9 January 18, Special Effects
10 January 18, Consumer Fireworks
11 January 18, Sparkling Devices
12 January 18, The Exception! Except in cities with a population of one million or more, fireworks and dangerous fireworks shall not be deemed to include sparkling devices as defined in subparagraph (vi) of paragraph (a) of this subdivision. The storage and retail sale of sparkling devices shall be regulated in a manner that is not in conflict with the provisions of NFPA 1124, 2006 edition
13 January 18, Offenses Penal Law Section Subdivision 2 - Offenses - Except where a permit is obtained - Unlawful to sell or furnish - Unlawful to possess or use - Unlawful to offer, sell or furnish any sparkling device to anyone under age 18
14 January 18, Exceptions Penal Law Section Subdivision 3 - Exceptions - Business entities to deal in sparkling devices in non opt-in municipalities provided they ship to legal locations - Possession and transport from one locale to another - State Police list on website
15 January 18, Albany Allegany Cattaraugus Chemung Clinton Cortland Dutchess Essex Franklin Fulton Greene Hamilton Herkimer Legal Counties Jefferson Lewis Livingston Madison Montgomery Niagara Oneida Ontario Orange Putnam Rensselaer Rockland Saratoga Seneca Schoharie Schuyler St. Lawrence Steuben Sullivan Tioga Ulster Warren Washington Wayne Wyoming Yates
16 January 18, Penal Law of NY State Penal Code Section Subdivision 5 - County or city opt-out, all others must follow - All jurisdictions must remain consistent with the Penal Code and NFPA
17 January 18, Laws Establishing Sales Dates GBL 392-j Sales of Sparkling Devices - June 1 to July 5 - December 26 to January 2 Executive Law 156-h - Sets the temporary seasonal retailer (tents) - June 20 to July 5 - December 10 th to January 2 nd
18 January 18, Executive Law of NY State Executive Law Article 6-C Section 156-H - Subdivision 20 Registration Register the manufacturers, distributors, wholesalers, retailers and seasonal retailers of sparkling devices who wish to do business within the state.
19 January 18, Executive Law Executive Law Article 6-C Section 156-H Registration of entities wishing to deal in Sparkling Devices - OFPC is charged with developing a registration and enforcement process - Issuance of Certificates of Registration - Collect fees - Review records - Enforcement
20 January 18, Executive Law Executive Law Article 6-C Section 156-H - Registration Manufacturer Distributor Wholesaler Retailer Specialty, Permanent, Temporary Seasonal Temporary Seasonal Retailers may only sell June 20 July 5 OR December 10 January 2
21 January 18, Executive Law Executive Law Article 6-C Section 156-H - Fees - Range from $200 to $ No jurisdiction shall charge any fee or require a permit - Records and Reports - Made available to OFPC for inspection - Rules - Part 225
22 January 18, Department of State Part of Title 19 NYCRR - Scope - Definitions - Applicable laws - Hazardous conditions - Use of devices near buildings - Retail Sales - Storage and quantity limits - Records - Manufacture, assembly and testing - Referenced publications
23 January 18, DOS And The AHJ Part of Title 19 NYCRR - Scope - Definitions - Applicable laws - Hazardous conditions
24 January 18, DOS And The AHJ Part of Title 19 NYCRR - Use of devices near buildings - Retail Sales - Storage and quantity limits - Records - Manufacture, assembly and testing - Referenced publications
25 January 18, NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2006) - Strong enforcement tool - Deserves it s own educational component - Highlights
26 January 18, NFPA Administration 2 Referenced Publications 3 Definitions 4 Manufacturing Operations 5 Storage of Display Fireworks 6 Storage of Consumer Fireworks 7 Retail Sales of Consumer Fireworks 8 Transportation on Public Highways
27 January 18, NFPA This code shall not apply to the use of consumer fireworks by the general public.
28 January 18, NFPA 1124 Definitions can be tricky - Consumer Fireworks Retail Sales - CFRS Facility - CFRS Store - CFRS Area
29 January 18, NFPA 1124 Chapter 7 Retail Sales of Consumer Fireworks Applicability New Facilities CFRS Facilities and Stores shall be considered new if sales have not been conducted within one year prior to the date of this code
30 January 18, NFPA Exempt amounts lbs. or less in un-sprinkled buildings lbs. or less in sprinkled buildings So.how much have I got???? - 25% of the packaged weight = pyrotechnic composition
31 January 18, NFPA 1124 General Requirements for Retail Sales Automatic sprinkler system shall be provided in new buildings greater than 6000 square feet.
32 January 18, Resources DOS Codes Part OFPC Sparkling Devices Information NFPA Centers For Disease Control 2013 Fireworks Annual Report ort.pdf
33 January 18, Sparkling Devices Movie
34 January 18, Consumer Fireworks in NY State Contact:
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