Section 5608 — FIREWORKS DISPLAY

Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section.

5608.1.1 Scope. Fireworks and temporary storage, use and handling of pyrotechnic special effects material used in motion pictures, television and theatrical and group entertainment productions shall be in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks.

[California Code of Regulations, Title 19, Division 1, §980-1006]

Article 2. Definitions

§980. Definitions.

Aerial Shell. A cylinder or spherical cartridge containing a burst charge and pyrotechnic or non-pyrotechnic effects, a fuse, a black powder lift charge and is fired from a mortar.

ASTM. The American Society of Testing and Materials, a national organization publishing standards for all types of materials and products.

Barrage. A rapidly fired sequence of effects.

Batten. A strip of wood to which pyrotechnic devices are attached for support.

Binary Low Explosive Compounds. Special effects materials in which fuel and an oxidizer are mixed together to produce a pyrotechnic composition.

Blank Cartridge. A cartridge constructed from either metal or plastic casing, with a center or rim fire primer filled with various amounts of pyrotechnic compositions measured by loads.

Blasting Galvanometer. An electrical resistance measuring device designed specifically and approved for testing of electric firing circuits.

Bottle Rocket. A pyrotechnic device containing a maximum of 20 grams of pyrotechnic composition, which rises into the air upon igni- tion. A stick is used for guidance and stability, and a burst of color or noise, or both, is produced at height of flight.

Break. An individual burst from an aerial shell, producing either a visible or audible effect or both, and may consist of a single burst or multiple effects.

Bullet Effect. The discharge of the pyrotechnic or explosive bullet hit.

Bullet Hit. A device containing various levels and amounts of pyrotechnic composition, whose purpose is to create the illusion of a bullet impact.

California Candle. Hand held heavy paper or cardboard tube emitting showers of sparks.

Comet. A pyrotechnic device launched from a mortar that produces an ascending burning effect, is self-consuming, and may or may not contain a burst charge or stars.

Darts. To move suddenly and swiftly from one place to another.

Detonator. Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.

DOTn means US Department of Transportation.

Dud. A pyrotechnic item which leaves the mortar and returns to earth without producing the intended burst or effect. See also Misfire.

Electric Firing. A technique used to discharge fireworks in which an electric match or squib and a source of electric current are used to ignite fuses or lift charges.

Electric Match. An electric device containing a pyrotechnic compound which ignites when sufficient current flows through the leads.

Firecracker. A device containing explosive pyrotechnic composition in an amount not to exceed 50 milligrams (.772 grains) in total pyro- technic weight, in a fused container whose primary function is to produce an audible effect. Note: All firecrackers are classified as “dangerous fireworks”, and pyrotechnic devices similar in construction to a “firecracker” which exceed the specified weight shall be designated explosives in accordance with Health and Safety Code Section 12000.

Flash Paper. Treated paper which is extremely sensitive to heat and creates a brief flash of fire upon ignition.

Flash Powder. Pyrotechnic composition intended for use in firecrackers and salutes, and often used for “flash”-type effects on stage and in productions involving special effects. Flash powder produces an audible report and a flash of light when ignited. Typical flash powder compositions contain potassium chlorate or potassium perchlorate, sulfur or antimony sulfide and powdered aluminum.

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Flower Pot. A shell (not the lifting charge) that explodes at or near the bottom of a mortar blowing a shower of stars and burning mate- rial into the air.

Fountain. See Gerb.

Gerb. (also known as a Fountain). A device that, when ignited, emits a shower of sparks into the air at various altitudes.

Ground Spinning Device. Also known as a Ground Spinner. A pyrotechnic device that discharges sparks as it spins across the surface upon which it is placed.

HDPE Mortar. Also known as a High Density Polyethylene Mortar, is a mortar constructed of high density polyethylene which is certified and labeled as meeting one or more of the following ASTM standards, which are hereby incorporated by reference: ASTM D3350 or ASTM F714.

Ignitor. An electric, chemical or mechanical device used to initiate burning or pyrotechnic or propellant materials.

Lance. A thin cardboard tube packed with a color-producing pyrotechnic composition.

License. “License” means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.

Licensee. “Licensee” means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570), of the Health and Safety Code.

Loader. A person who places shells into mortars.

Low Burst or Low Break. The result of a shell exploding below its prescribed height.

Magazine Tender. Person who distributes pyrotechnic items to the loader during the show.

Match. A fuse made of string or thread impregnated with black powder.

Meteoric Shower. A self-contained cardboard tube mounted on a plastic base emitting a shower of stars into the air.

Mines or Mine Bags. A device contained within a reusable or disposable tube, where upon ignition stars, firecrackers, salutes, whistles or other devices are propelled into the air, with the tube remaining on the ground.

Misfire. A pyrotechnic item which fails to function as designed after initiation. See also Dud.

Monitor. Person responsible for watching for pyrotechnic items which do not perform properly.

Mortar. A cylinder that is used to hold and fire public display or special effects pyrotechnic items or compositions as defined in Section 999 of this subchapter.

Mortar Box. Also known as a Trough. A portable wooden structure used for the placement of mortars.

Mortar Rack. A wooden rack holding closely spaced HDPE or paper mortars. Mortar racks are limited to 10 tubes per individual rack.

Multiple Break Shell. Aerial shell which has two or more breaks.

Muzzle Burst. The process of an aerial shell breaking or bursting just as it leaves the mortar, scattering stars and burning material.

N.F.P.A. The National Fire Protection Association.

Non-metallic Mortar. See HDPE and Paper Mortar definition.

Pan Type Mortar. A shallow metal container that is used to hold and fire special effect pyrotechnic compositions.

Paper Mortar. A mortar constructed of spiral or convolute wound paper or chipboard.

Party Popper. “Party Popper” also known by other names such as Champagne Party Poppers, Party Surprise Popper and Hot Shot Poppers, is a pyrotechnic device which contains less than 0.25 grain of pyrotechnic composition per unit load, designed to be held in the hand and when fired propels soft paper, cloth inserts or other similar fill material into the air.

Pigeons. Also known as line rockets. Pyrotechnic items using mechanical devices to control the effect of flight movement.

Public Display of Fireworks. “Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks, as defined in Section 12505 of Health and Safety Code.

Report. A detailed written account of all events involving pyrotechnic materials, devices and operations in which a fire, injury or death occurs, or in which any violation of the laws or regulations takes place.

Retailer. Any person who, at a fixed place of business, sells, transfers or gives fireworks to a consumer or user.

Roman Candle. A heavy paper or cardboard tube containing pellets of pyrotechnic composition which, when ignited, are expelled into the air at several-second intervals.

Salute. An aerial shell as well as other pyrotechnic items whose primary effects are detonation and flash of light.

Set Piece. Also known as ground display piece, mechanical piece. A pyrotechnic device or series of devices that while on the ground or elevated produces a visual and/or audible effect. These devices may employ fountains, roman candles, wheels and lances.

Shunt. A deliberate short-circuit of an electrically fired pyrotechnic device or a means contained within its firing system to protect it from accidental ignition by extraneous electricity.

Single Break Shell. Aerial shell having one or more effects within a cylindrical or spherical casing.

Snap Cap. Also known by other names such as, but not limited to, Snappers, Pop Pop Snappers, Fun Snaps and Bang Snaps. It is a pyro- technic device that typically contains less than .20 grams, but shall not contain more than .25 grams, of gravel impregnated with not more than one milligram of pyrotechnic composition. Each unit consists of a small, roughly spherical paper parcel, approximately one-

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quarter ( [1] / 4 ) inch in diameter with a twisted paper tail. Each unit, when dropped against a hard surface, produces a small, toy cap-like report.

Note: Studies are conducted annually by the Office of State Fire Marshal which will determine whether or not there are adverse consequences from the regulation of snap caps.

Soft Detonator. A detonator in which the explosive or pyrotechnic material is encased in a non-metallic container.

Sparkler. A Stick or wire coated with a pyrotechnic composition that produces a shower of sparks upon ignition.

Squib. See Electric Match. See also Detonator and Soft Detonator.

Travel. To move from point of ignition either vertically or horizontally.

Trough. Also known as a Mortar Box. A portable wooden structure used for the placement of mortars.

Wheel Driver. A heavy paper or cardboard tube emitting a shower of sparks from a very small orifice, similar to a propellant motor.

Within This State. “Within this state” means all territory within the boundaries of this state.

Article 3. Licenses

§981. General.

(a) No person shall engage in any type of fireworks activities without having submitted an application for and having obtained a license from the State Fire Marshal in accordance with the provisions of this chapter. Licenses shall be processed in accordance with Title 19, California Code of Regulations, Section 3.33.

Exceptions: (1) Licensed Pyrotechnic Operators Basic Commercial, Restricted Commercial and Rockets, First Class may employ unli- censed assistants. Unlicensed assistants shall perform only when under the direct, immediate and constant supervision of the licensee when handling fireworks and pyrotechnic compositions. (2) Licensed special effects and theatrical pyrotechnicians may employ unlicensed assistants. Unlicensed assistants shall perform only when under the direct, immediate and constant supervision of the licensee when handling fireworks and pyrotechnic compositions. (3) A license shall not be required for the use or discharge of safe and sane fireworks.

§981.1. Cause for Denial.

The use of any false or misleading statement or misrepresentation offered or used to secure any fireworks license, permit, classifica- tion, registration or any other official fireworks document is a violation of these regulations, and shall be cause for denial of the license, permit, classification, registration or other official fireworks document.

§981.2. Misuse or Alteration of License.

All fireworks licensees as set forth in this chapter shall be prohibited from giving or permitting any other person to use such license for any purpose whatsoever.

Any license issued under this chapter found to be altered shall be confiscated by the authority examining the license. The authority confiscating the license shall notify the State Fire Marshal immediately, and shall cooperate with the State Fire Marshal in all matters relating to an investigation of the incident.

§981.5. License Scope.

(a) Model Rockets. A Model Rocket License authorizes the manufacture, import, export or wholesale or any combination thereof.

(b) Pyrotechnic Operator. A Pyrotechnic Operator's License authorizes and places the responsibility for the handling, supervision and discharge of any fireworks item or pyrotechnic device and establishes that the operator is responsible for the training of his or her assistants in the safe handling, supervision, and discharge of these items and devices, in accordance with the following:

— (1) Pyrotechnic Operator Unrestricted may conduct and take charge of all fireworks activities in connection with every kind of public fireworks display, whether commercial entertainment, experimental and other types of rockets, special effects in motion picture, theatrical and television production.

— (2) Pyrotechnic Operator Basic Commercial may conduct and is restricted to all fireworks activities in connection with a commercial fireworks public display, including the determination that all mortars, set pieces, rocket launchers and rockets are properly installed and that the proper safety precautions have been taken to ensure the safety of persons and property. Such operator shall have charge of all activities directly related to handling, preparing and firing all fireworks at the public display, including the fixing of lifting charges and quick match as needed for aerial shells.

tars, set pieces, rocket launchers and rockets_ are properly installed and that the proper safety precautions have been taken to ensure the safety of persons and property. Such operator shall have charge of all activities directly related to handling, preparing and firing all fireworks at the public display, including the fixing of lifting charges and quick match as needed for aerial shells.

— (3) Pyrotechnic Operator Restricted Commercial may conduct and is restricted exclusively to the use and discharge of fire- crackers and the use of other exempt fireworks in religious ceremonies.

— (4) Pyrotechnic Operator Rockets First Class may conduct and is restricted to all activities in connection with research experi- ments, production, transportation, fuel loading and launching of all types of experimental rockets. Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.

— (5) Pyrotechnic Operator Rockets Second Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of solid fuel experimental rockets only.

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Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.

— (6) Pyrotechnic Operator Rockets Third Class may purchase, transport, store and launch high power rockets. Experimental high power rocket motors may only be imported, exported and wholesaled by individuals or companies holding valid import, export or wholesale licenses. Pyrotechnic Operators--Third Class may only purchase high powered rocket motors from licensed wholesalers. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.

— (7) Pyrotechnic Operator Special Effects First Class may conduct and is restricted to the use, preparation for transportation and the preparation and use of all types of fireworks and special effects pyrotechnics, for the sole purpose of producing a visible or audible effect where and when such use is a necessary part of motion picture, television, theatrical or operatic production, as permitted by the fire authority having jurisdiction.

— (8) Pyrotechnic Operator Special Effects Second Class may conduct and is restricted to the use of special effects, the loading of blank cartridges, colored fire, flash paper, smoke composition, the preparation and use of binary A and B Flash composition and such other fireworks of whatever kind and class as may be permitted by the authority having jurisdiction, under a special permit in connection with television and motion picture production.

may conduct and is restricted to the use of special effects, the loading of_ blank cartridges, colored fire, flash paper, smoke composition, the preparation and use of binary A and B Flash composition and such other fireworks of whatever kind and class as may be permitted by the authority having jurisdiction, under a special permit in connection with television and motion picture production.

— (9) Pyrotechnic Operator Special Effects Third Class authorizes the loading of blank cartridge shells, and use of special effects when under the direct supervision and control of a Pyrotechnic Operator--Special Effects First or Second Class.

— (10) Pyrotechnic Operator Theatrical authorizes the use of special effects, blank cartridges, colored fire, flash paper, flash, smoke composition, and the preparation and use of binary A and B Flash composition in stage or theatrical productions only.

— (11) Pyrotechnic Operator Theatrical Trainee authorizes the conducting of procedures permitted a Pyrotechnic Operator-- Theatrical when under the direct supervision and control of a licensed Pyrotechnic Operator--Theatrical.

— (12) Pyrotechnic Operator Performer is restricted to persons who perform before an audience, directly or indirectly, and may include magicians, comedians, still photographers and others whose primary interest is in other than pyrotechnics. Such license is restricted to the use of blank cartridges, colored fire, flash paper, sparklers and smoke composition in connection with the production of theatricals and operas before live audiences in theaters, opera houses, television studios, night clubs and similar occupancies, or by the use of a still photographer.

(c) Separate License Not Required. A separate license shall not be required of licensed manufacturers, wholesalers or importer- exporter to manufacture, wholesale, import or export agricultural and wildlife fireworks or model rocket engines.

(d) Explosive Materials Not Included in Scope of License. The license scope as defined in this section is restricted to the use of materi- als defined as “fireworks” (as defined in Health and Safety Code Section 12511) and in no way confers authority for the use or discharge of explosive materials defined in Health and Safety Code Sections 12000, et seq.

Article 4. Permits

§982. Local Permit, Application For.

(a) When applying for a permit under Health and Safety Code section 12640(e), an applicant shall submit the following information and evidence to the authority having jurisdiction: (1) The name of the organization sponsoring the display, together with the names and license numbers of persons actually in charge of the display. (2) The date and time of day the display is to be held. (3) The exact location planned for the display. (4) The size and number of all fireworks to be discharged including the number of set pieces, shells and other items. Shells shall be designated by diameter specifying single, multiple break or salute. (5) The manner and place of storage of all fireworks prior to, during and after the display. (6) Diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, roads and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone lines or other overhead obstruction. (7) Proof that satisfactory workers' compensation insurance is carried for all employees in compliance with Labor Code Section 3700.

(8) If the permit is for a public display or special effects, documentary proof of conformance with sections 12610 and 12611, Health and Safety Code. (9) A State Fire Marshal's license for the public display of fireworks, under Health and Safety Code Sections 12575, 12576 or 12577. No permit for a public display of any type shall be granted unless a public display license general, special or limited has been first obtained from the State Fire Marshal.

(10) The name and license number of the wholesaler who supplied all items used in the display.

(b) Permittee shall be responsible for compliance with the provisions under which a public display permit has been granted.

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Article 6. Classification of Fireworks

§986. Classification.

(a) Fireworks or pyrotechnic devices that are to be used or sold for use in this state and found by the State Fire Marshal to come within the definition of “party poppers”, “snap caps”, “safe and sane”, “agricultural and wildlife”, “model rocket motors”, “high power rocket motors”, “emergency signaling device” or “exempt” fireworks shall be classified as such by the State Fire Marshal.

Exception: Special Effects items developed and compounded on location for single time usage.

(b) The classification of an item shall not be construed as conferring classification to any similar item without the approval of the State Fire Marshal. The trade name of an item shall not be changed without notifying the State Fire Marshal 30 days prior to such change.

§986.1. Sparklers.

Sparklers, which are defined as a stick or wire coated with a pyrotechnic composition that produces a shower of sparks upon ignition, are classified as dangerous fireworks under the authority of Health and Safety Code section 12505(k).

Article 8. Storage

§989. General.

All magazines shall meet the requirements as set forth in the Code of Federal Regulations, Title 27, Part 55, Subpart K (Storage).

§989.1. Storage, General Provisions.

(a) All fireworks, pyrotechnic compositions and pyrotechnic devices shall be kept in a locked magazine and in a manner approved by the authority having jurisdiction unless they are: (1) In the process of being manufactured; (2) In the process of being used; or (3) Being transported to a place of storage or use by a licensee, in accordance with the Code of Federal Regulations, Title 49, Part 173, Subpart C, and Title 13, Chapter 6, Article 3 of the California Code of Regulations.

(b) Class C Common Fireworks and those devices designated as “safe and sane” fireworks shall be stored in a manner consistent with the Code of Federal Regulations, Title 49, Section 173.88.

§989.2. Access Roads and Signs.

All magazine storage sites shall have access roads suitable for use by fire apparatus posted with the following warning sign or other sign approved by the authority having jurisdiction:

DANGER!

NEVER FIGHT EXPLOSIVE FIRES.

EXPLOSIVES ARE STORED ON THIS SITE

CALL _______

The sign shall be weather-resistant with a reflective surface and lettering at least two (2) inches high.

§989.3. Activities and Devices Prohibited.

Smoking, matches, flame-producing devices, open flames and firearms shall not be permitted inside or within fifty (50) feet of magazines.

§989.4. Magazines in Dwelling Prohibited.

No loaded indoor storage magazine shall be located in a residence or dwelling.

Article 13. General Safety Requirements

§991. Safety Inspection.

Retail fireworks stands and sales areas are subject to inspection by the authority having jurisdiction. All areas where fireworks, pyrotech- nic compositions or devices are used, stored or discharged shall be free from any condition which increases, or may cause an increase of, the hazard or menace of fire or explosion to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may become the cause of any obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.

§991.1. Disposition Unsold Stock.

All retail fireworks licensees shall return unsold fireworks stocks to the wholesaler from whom they were purchased. The retail licensee may store unsold stock in a place and manner approved by the fire authority having jurisdiction until stock is returned to the wholesaler. Such return of stock shall be accomplished no later than the thirty-first of July of each year.

§991.2. Personnel.

The employer or permittee shall be responsible for instructing his or her personnel who handle fireworks, pyrotechnic compositions or devices in any capacity, in the hazards of and safety procedures relating to fireworks, pyrotechnic compositions or devices as contained in this chapter.

§991.3. Smoking, Storage and Handling Facilities.

Smoking shall be prohibited and “No Smoking” signs posted in all portions of the premises or locations where fireworks, pyrotechnic compositions or devices are stored or handled.

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§991.4. Smoking, Sales Facilities.

Smoking shall be prohibited and signs bearing the words “No Smoking” shall be posted on and in every building, mobile facility or struc- ture used for the sale of fireworks. Signs shall be positioned at the entrance to and inside such buildings, mobile facilities or structures, and at such other locations as designated by the authority having jurisdiction. Lettering shall be red in color on a white background. Letters shall be at least 3 inches in height with a stroke of at least [1] / 2 inch.

§991.5. Prohibited Substances.

Intoxicating liquids, narcotics and controlled substances are prohibited within the area of the firing site as determined by the authority having jurisdiction, and shall not be used by any person handling fireworks or special effects at any time during transportation, set-up, firing or removal.

Exception: Prescription drugs not impairing the motor functions and/or judgment of the persons affected by this section. Drugs must be taken as directed and specifically prescribed for the individual to be covered by this exception.

§991.6. Alcohol and Narcotics.

Article 13.5. Electrical Firing Circuits

§992. Electric Firing Circuits, General.

Connecting any electric firing circuit to any power supply, is prohibited until all special effects devices, fireworks and pyrotechnics in the sequence are connected to firing leads and the firing area is clear of all unauthorized personnel.

Exception: Circuit testing as described in section 992.3.

§992.1. Power Sources.

§992.2. Firing Systems Safeguards.

Power sources for firing special effects devices, fireworks and pyrotechnics shall be restricted to batteries or individually isolated, ungrounded generators used for firing purposes only.

Commercial or house power may be used provided the firing system is electrically isolated from the commercial or house power through the use of such items as isolation transformers. Under no condition may commercial or house power be used directly for firing

purposes.

All firing systems, including battery and power circuit types, shall be designed to ensure against accidental firing by providing, a shunt or other control method in which no firing power may be applied to any firing circuits unless the operator intentionally enables or arms the firing system before applying firing power.

§992.3. Circuit Tests.

All electrically fired pyrotechnic circuits shall be tested with a galvanometer or other test device in which the test current is not capable of firing the pyrotechnic device being tested.

§992.4. Sight Firing.

Special effects devices and pyrotechnics shall not be fired unless the area involved with the firing is in the continuously unobstructed full view of the pyrotechnic operator or his/her assistant at the time of firing.

Article 14. Special Effects

§992.5. Scope.

This article shall govern all “Special Effects Devices/ Materials” including those materials which have been classified and described by the regulations of the Department of Transportation, Title 49, parts 172, 173 and 177 as Special Fireworks Class B Explosives and Common Fireworks Class C Explosives and such additional items as listed in Table 14A.

§992.6. Responsibility.

The company representative shall provide to the authority having jurisdiction the name and license number of the special effects opera- tor who shall have the authority, responsibility and be in charge of handling all Special Effects Materials. The company representative shall also allocate sufficient time to the Special Effects Pyrotechnic Operator to prepare for the transportation, packing, storing, securing daily, discharging, disposing of, or otherwise handling of fireworks, pyrotechnic devices or materials in a safe manner. Upon completion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure.

§992.7. Orientation Meeting.

The company representative shall provide to the authority having jurisdiction the name and license number of the special effects opera- tor who shall have the authority, responsibility and be in charge of handling all Special Effects Materials. The company representative shall also allocate sufficient time to the Special Effects Pyrotechnic Operator to prepare for the transportation, packing, storing, securing daily, discharging, disposing of or otherwise handling of fireworks, pyrotechnic devices or materials in a safe manner. Upon completion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure.

Prior to the activity, a discussion of the events planned and all aspects and ramifications concerning safety issues as they relate to the safe use of fireworks, pyrotechnic devices and materials shall be held among all appropriate parties, as determined by the authority having jurisdiction.

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§992.8. Special Effects Materials.

(a) Materials described in this chapter as Special Effect Materials can be used as Special Effects. Other hazardous materials may be used when so authorized by the authority having jurisdiction.

§992.9. Storage and Working Supplies.

(a) Special Effects Materials storage facilities shall be used exclusively for the storage of Special Effects Materials. Storage facilities shall not be used for the assembling, compounding or manufacture of Special Effects Materials or any other item of fireworks. Magazines shall be kept locked at all times except when supplies are being withdrawn or replenished. Special Effects Materials shall be stored in accor- dance with the Code of Federal Regulations, Title 27, Part 55, Subpart K.

§992.10. Quantities.

(a) The quantities of special effects materials removed from magazines shall be limited to the amount necessary for immediate use. Under no condition shall any surplus or excess be permitted to remain outside a magazine, unless under the direct supervision of a licensed pyrotechnic operator.

§992.11. Equipment.

All tools, scoops and devices used in loading and handling Special Effects Materials shall be made of non-sparking materials.

§992.12. Mixing.

— No persons shall mix any Special Effects Material except a licensed manufacturer or a licensed Special Effects Pyrotechnic Operator First Class. All mixing, assembling or compounding when done by other than a licensed manufacturer shall be conducted in accordance with the applicable provisions of this chapter and with approval of the authority having jurisdiction.

Exception: Binary A & B Flash composition pre-packaged by a licensed manufacturer may be mixed and utilized according to manu-

— facturer's instructions by a Pyrotechnic Operator, Special Effects Second Class or Pyrotechnic Operator, Theatrical.

§992.13. Special Effects Water Locations.

All special effects devices and explosive charges set in or on the surface of water, either salt or fresh or any other liquid, shall be fired by a separate, individual, ungrounded and uncommon two-wire circuit.

§992.14. Special Effects Not Allowed To Be Carried in Wearing Apparel.

No Special Effects Materials other than blank cartridges may be carried within the wearing apparel of a person. This shall not apply to actors portraying a scene in a theatrical, television or film production.

§992.15. Special Effect Packaging.

All Special Effects Materials shall be packaged in accordance with Department of Transportation standards as contained in Title 49 of the Code of Federal Regulations, parts 172, 173 and 177 and shall remain in the prescribed containers until used or placed in a magazine.

§992.16. Special Effects Mortars.

Mortars and other items used to hold special effects, pyrotechnic or explosive materials during discharge shall be made of a material having a thickness proportional to the strength of the explosive or pyrotechnic material being used, and in every case sufficient to prevent distortion in service. Tubular mortars for firing aerial pyrotechnic and fireworks shells shall conform to the requirements of arti- cle 15 of this chapter.

§992.17. Flash Powder Mortars.

The use of special effects flash powder mortars consisting of converted switch boxes, sockets or similar components is prohibited.

§992.18. Special Effects Reports.

(a) Verbal reports shall be made to the State Fire Marshal within 24 hours after a firing under this article when either of the following events occur:

(1) Injury or death to the public or the crew as a result of the firing. (2) Fires requiring emergency action or response.

(b) Within ten (10) working days following an incident giving rise to a verbal report, the licensed pyrotechnician in charge of the activity shall submit a complete, accurate and factual report directly to the State Fire Marshal on the episode.

§992.19. Shunts.

§992.20. Firing Safeguards

§992.22. Water Locations.

§992.21. Circuit Tests.

§992.23. Sight Firing.

Table 14A Special Effects Materials

The following materials, when used in the motion picture/television/theatrical industry by licensed special effects pyrotechnicians and when permitted by the authority having jurisdiction, are to be regulated under this chapter as fireworks, pyrotechnic materials and devices and not as explosives under Health and Safety Code Section 12000.

BULK POWDER COMPOSITIONS AND DEVICES

Black Powder Smokeless Powder

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Smoke Flash Compositions Common Photo Flash Compositions Illuminating Compositions Atomized Flash Compositions Two Component Flash Powder Flash Paper Flash Cotton

Flash Powder Simulated Phosphorus Sparking Granules Lifters

SMOKE POWDER COMPOSITION AND DEVICES

All Colors Smoke Compositions Smoke Pellets

Smoke Granules

Smoke Candles

Smoke Cookies

Smoke Grenade

Smoke Pots Smoke Signals

MATCHES AND FUSES

Quick Match Black Match Arcing Match Silver Match

Cannon Fuse Safety Fuse Thermalite

Instantaneous Fuse Igniter Cord

SQUIBS AND DETONATORS Bullet Hits

Electric Match

Soft Detonators Squibs Detonators Igniters

FIREWORKS

Common Class C Safe and Sane Fireworks Common Class C Dangerous Fireworks Special Class B Fireworks

OTHER MATERIALS Primacord or Detonating Cord Exploding Bolts and Cable Cutters Non Electric Fuse Shape Charges Trick Noise Makers

Article 15. Public Display

§993. Insurance.

(a) Any person, firm or corporation applying for a public display license shall furnish to the State Fire Marshal a policy of public liability and property damage insurance. The policy may have a deductible not to exceed fifteen thousand dollars ($15,000). The policy shall provide limits of bodily injury and property damage liability of not less than one million dollars ($1,000,000.00) combined single limits for each occur- rence annually as payment for damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his or its agents, servants, employees or subcontractors presenting such public display.

ry and property damage liability of not less than one million dollars ($1,000,000.00) combined single limits for each occur-_ rence annually as payment for damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his or its agents, servants, employees or subcontractors presenting such public display.

Exception: A deductible in excess of fifteen thousand dollars ($15,000) may be permitted provided a security deposit, such as, but not limited to a surety bond, pledge of assets or bank letter of credit covering the value of the excess, is approved by the State Fire Marshal.

(b) The certificate of insurance shall provide all of the following: (1) That the insurer will not cancel the insured's coverage without 15 days prior written notice to the State Fire Marshal.

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(2) That the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the State of California, its officers, agents, employees and servants are included as additional insurers, but only insofar as any operations under this chapter are concerned. (3) That the State shall not be responsible for any premium or assessments on the policy.

§993.1. Reports . General public display and special public display licensees shall report to the State Fire Marshal prior to date of each display all public displays of fireworks contemplated under their license. Licensee must report to the State Fire Marshal at least 72 hours prior to each display on state-owned or state-occupied property. Applicants for limited public display licenses shall report at the time of applying for their license. The report shall contain the information set forth in Section 982.

Exception: A general public display licensee conducting special effects activities for motion picture, television and theatrical produc- tions need not comply with any of the above reporting requirements.

§997. Pyrotechnic Operators, Basic Commercial, Responsibilities.

(a) No basic commercial public display permit shall be granted unless there is a licensed basic commercial pyrotechnic operator and at least one additional experienced person present. Pyrotechnic Operators, Basic Commercial, shall: (1) Be responsible for and have control over on-site unloading, storing and security of all fireworks; (2) Be responsible for placement of mortars, set pieces and all other fireworks on-site as approved by the authority having jurisdic- tion. No fireworks shall be discharged over areas occupied by spectators; (3) Ensure that no person under the age of 18 is in the firing or fireworks storage sites; (4) Be in possession of a current basic commercial license at the time of display; and (5) Be responsible for and have control over the safe return of all unfired fireworks, misfires and duds.

§999. Mortars, Aerial Shells

(a) General. (1) Electric firing shall be required for all mortars eight inches (8 ″ ) or greater in diameter. (2) Multiple-break shells that include a salute as one of the breaks shall be fired in HDPE mortars only.

(b) Steel Mortars. (1) Steel Mortars shall be constructed of commercially manufactured, first quality electric resistance weld (ERW) or drawn over mandrel (DOM) steel tubing conforming to ASTM Standard A135-83, which is incorporated by reference. Mortars constructed of cast iron, other fragmenting types of steel and all other types of metal are prohibited. Salutes shall not be fired from metallic mortars. (2) Steel mortars shall have a base plate the same thickness of the mortar wall, welded continuously around its perimeter. (3) The inside length of steel mortars shall meet the minimum specifications set forth below: Shell Size Inside Length

1.99 inches or less 8 inches 2 inches 13 inches 2 [1] / 2 inches 13 inches 3 inches 15 inches 4 inches 20 inches 5 inches 25 inches 6 inches 30 inches 7 inches 32 inches 8 inches 32 inches 10 inches 40 inches 12 inches 40 inches 16 inches 64 inches 24 inches 96 inches

(4) Mortars shall not have any visible cracks in the body of the tube, nor any cracks or voids in the weld around the base plug. Mortars shall not be dented or distorted beyond the point that such distortion interferes with the smooth and unimpeded travel of the shell throughout the entire length of the mortar.

(c) Paper Mortars. (1) Reusable paper mortars shall be of spiral or convolute wound kraft paper or chipboard, and shall meet the minimum specifications set forth below:

Shell Size Wall Thickness Inside Length Base Plug* Less than 2 inches 1 / 8 inch 8 inches 1 inch 2 inches 1 / 4 inch 13 inches 2 inches 2 [1] / 2 inches 3 / 8 inch 13 inches 3 inches 3 inches 3 / 8 inch 15 inches 3 inches 4 inches 1 / 2 inch 20 inches 3 inches 5 inches 1 / 2 inch 25 inches 4 inches 6 inches 1 / 2 inch 30 inches 4 inches 7 inches 3 / 4 inch 32 inches 4 inches 8 inches 3 / 4 inch 32 inches 4 inches *Sizes for base plugs are nominal.

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(2) Base plugs for paper mortars shall be wooden and securely glued, as well as nailed, screwed or bolted to the base of the mortar. Base plugs shall be discarded and replaced when damaged. Minor cracks and checks are acceptable. (3) Multiple-break shells shall not be fired from paper mortars.

(d) HDPE Mortars. High Density Polyethylene (HDPE) mortars shall meet the minimum specifications set forth below: Shell Size Wall Thickness Inside Length Base Plug* Less than 2 ″ 1 / 8 inch 10 inches 1 inch 2 inches 1 / 4 inch 13 inches 2 inches 2 [1] / 2 inches 1 / 4 inch 13 inches 3 inches 3 inches 1 / 4 inch 15 inches 3 inches 4 inches 1 / 4 inch 20 inches 3 inches 5 inches 1 / 4 inch 25 inches 4 inches 6 inches 3 / 8 inch 30 inches 4 inches 7 inches 3 / 8 inch 32 inches 4 inches 8 inches 3 / 8 inch 32 inches 6 inches *Base plug sizes are nominal. HDPE Mortars shall not be reloaded for a period of at least one (1) hour after use. All base plugs for HDPE mortars shall be wooden and securely glued, as well as nailed, screwed or bolted to the base of the mortar. Base plugs shall be discarded and replaced when damaged. Minor cracks and checks are acceptable.

(e) Other Materials. Recognizing that new materials for the construction of mortars may be developed, such materials may be used when specifically approved by the State Fire Marshal. Persons wishing to use material not specifically covered in this section shall submit the material in an amount sufficient for testing to the State Fire Marshal for determination of its safety and its inclusion in this section.

For illustrations of typical mortar racks, troughs and drums, see Diagrams A, B and C following Section 1002.

§1001. Setting Mortars. (a) Metallic, re-usable paper and HDPE mortars shall be securely buried to a minimum of [2] / 3 of their minimal legal length in earth or in drums or troughs filled with moist earth or sand essentially free of debris.

(b) Mortars other than metallic mortars may be placed in wooden finale racks.

(c) Planking below mortars shall be required when the base of the mortar, trough or drum is not on a stable and level surface.

(d) Mortars in non-electrically-fired shows shall meet all of the following requirements: (1) Mortars up to five inches in diameter and buried in earth or placed in troughs or drums shall be spaced a minimum of 3 inches apart or from the sides of the drum or trough. (2) Mortars six inches or larger in diameter and buried in earth or placed in troughs or drums shall be spaced a minimum of 5 inches apart or from the sides of the drum or trough. When a mortar requiring 5 inches of space is placed adjacent to a mortar requiring only 3 inches of spacing, the larger spacing shall apply.

(e) Mortars in electrically-fired shows shall meet all of the following requirements: (1) All mortars buried in earth or placed in drums and troughs shall be nominally spaced 2 inches apart or from the sides of the drum or trough. (2) All technicians shall be positioned a minimum of 100 feet from any mortar and positioned so as to be protected from the direct line of fire.

(3) No one shall be allowed to enter the firing area during the firing of the display.

(f) Mortars shall be set in a stable and secure manner so that accidental impact and shell discharge will not change the trajectory of adjacent unfired shells.

For illustrations of typical mortar racks, troughs and drums, see Diagrams A, B and C following Section 1002.

§1002. Design Specifications for Mortar Racks, Troughs, Drums and Ready Boxes.

(a) Mortar racks shall be limited to a maximum of 10 tubes per unit. The base and ends of the rack shall be nominal 2 inch thick lumber. The inside width shall be equal to the outside diameter of the mortar tube. Each mortar tube shall be separated by horizontal or vertical blocks nominally 2 inches thick and 4 inches wide. Side braces for mortar racks of 3 inch size mortars and up shall be 1 inch x 6 inch nomi- nal lumber or [1] / 2 inch x 4 inch plywood securely fastened by nails, screws or attached with construction grade staples along the top and bottom of the rack. A diagonal side brace must be employed on all mortar racks with more than 5 mortar tubes. Mortar racks shall not incorporate steel brackets or other metallic parts in their construction with the exception of nails, screws or construction-grade staples. Metallic braces shall not be fastened to mortar racks at the firing site.

(b) Troughs shall not be more than 8 feet in length. Troughs may be placed in a continuous row provided they are stable and secure. The sides, bottom and ends of troughs shall be minimum [3] / 4 inch plywood or nominal 2 inch lumber, except in cases where the surface at the bottom of the trough is sufficiently stable to support the firing of the mortar, no bottom shall be required. Troughs shall be secured by minimum [3] / 8 inch through bolts, rods or angle iron “U” brackets at each end and center to prevent bulging.

(c) Drums shall be constructed of steel, aluminum or plastic. (d) Ready boxes shall be constructed of wood not less than [1] / 2 inch thickness or [3] / 8 inch plywood, chipboard or presswood. Ready boxes shall not be equipped with any type of hold open device.

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Note: For illustrations of typical mortar racks, troughs and drums, see Diagrams A, B and C immediately following this section.

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§1003. Operation of Display.

(a) General. (1) All fireworks at a display site shall be stored in a place and manner secure from fire, accidental discharge and theft. All storage shall be approved by the authority having jurisdiction. (2) Shells shall be sized for proper fit and for damaged lift charge bags, lead fuse tears, tears in the piping of the quick match lead- ers and missing safety caps. (3) Safety caps protecting the fuse shall not be removed until firing or electric hookup.

ce and manner secure from fire, accidental discharge and theft. All storage_ shall be approved by the authority having jurisdiction. (2) Shells shall be sized for proper fit and for damaged lift charge bags, lead fuse tears, tears in the piping of the quick match lead- ers and missing safety caps. (3) Safety caps protecting the fuse shall not be removed until firing or electric hookup.

(b) Ready Boxes. (1) Shells used for reloading shall be placed in ready boxes prior to the start of the display. (2) Ready boxes shall not be located less than 25 feet upwind from the nearest mortar prior to any firings. (3) Ready boxes shall be divided into separate compartments for each shell size. (4) When containing shells, ready boxes shall be set with the bottom facing the mortars with the front elevated, or set on the bottom with the hinges towards the mortar, providing the lid cannot be opened fully. (5) Once in place, the ready box shall be covered with a flame-resistive water-repellant canvas cover.

(c) Loading Mortars. (1) At no time shall any person place any part of their body over the mortar muzzle during loading or firing. (2) Mortars shall be cleaned of debris or burning material prior to loading, and prior to reloading, as necessary. (3) Mortar racks may be reloaded with non-chained single-break shells when there is no longer any burning material in the racks. (4) Finale racks shall have tape placed over the mortar muzzles when loaded with finale chained shells. (5) Salutes and detonating shells shall not be fired from steel mortars. (6) Multiple-break shells that include a salute as one of the breaks shall be fired from HDPE mortars only.

(d) Firing. (1) All firing shall be done upon order or signal of the licensed pyrotechnic operator controlling the display. (2) Electric firing, if utilized, shall comply with all of the requirements of Article 13.5 of this chapter. (3) Upon conclusion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure. (4) Electric firing shall be required for all mortars eight inches (8 ″ ) or greater in diameter.

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(e) Ground Effects. (1) Set pieces, wheels and mechanical devices shall be braced, guyed and securely attached or set as required to prevent displacement. (2) Low level Roman Candles, multiple batteries and projectiles shall be securely set to prevent accidental displacement.

(f) Duds. (1) The licensed pyrotechnic operator shall account for and retrieve all duds immediately following the display. (2) The entire firing range shall be inspected immediately following the display to locate any duds. Any shells found shall be immediately doused with water before handling. The shell shall then be placed in a separate container filled halfway with

water.

(g) Misfires. (1) When a shell misfires, and the fuse has burned, but the lift change has not functioned, the mortar shall be identified and marked, and left undisturbed for a minimum of 5 minutes, then filled halfway with water. (2) When the shell misfires due to electric malfunction, and the fuse has not yet burned, the shell shall be removed and stored pursuant to the permit. (3) When the display is concluded, the misfired shell shall be placed in a safe area pursuant to the permit.

(h) Unfired shells, including duds and misfires, must be removed immediately following the display and returned directly to the whole- saler/manufacturer unless provision has been made for storage and/or destruction with the authority having jurisdiction.

§1004. Safety Tools and Equipment.

(a) Tools required at the display site shall be, at a minimum, a shovel, a serviceable pressurized water fire extinguisher, a bucket or other container to soak duds, and any other equipment as required by the authority having jurisdiction.

(b) Any person manually discharging aerial shells shall wear at a minimum a hard hat, eye protection, long sleeved shirt, gloves, long pants and shoes or boots, and have available ear protection, as required by the authority having jurisdiction.

§1005. Post Display.

(a) Reports. (1) Within ten (10) working days following any public display, the licensed pyrotechnician in charge of the display shall submit a complete, accurate and factual written report directly to the State Fire Marshal, covering:

(A) A brief report of any duds or misfires including manufacturer's name, type and size;

(B) A brief account of the cause of injury to any person from fireworks and such person's name and address;

(C) A brief account of any fires caused by fireworks;

(D) Any violations of the Health and Safety Code or of these regulations relating to public display fireworks; and

(E) The names of all licensed and unlicensed assistants.

Exception: A general public display licensee conducting special effects activities for motion picture, television and theatrical produc- tions need not comply with the requirements of subsections (A) and (E).

(b) Notification. Verbal reports are required within 24 hours to the State Fire Marshal when any of the following occur: (1) Fire requiring emergency action or response as a result of the firing; or (2) Injury or death to the public or crew. Within ten (10) working days following an incident giving rise to a verbal report, the licensed pyrotechnician in charge of the activity shall submit a complete, accurate and factual report directly to the State Fire Marshal on the event.

(c) Unfired Shells. Unfired shells shall either be removed following the display and returned directly to the wholesaler or supplier or stored in a manner approved by the authority having jurisdiction until such time as the shells can be transported directly to the whole- saler or supplier.

§1006. Smoking. No person shall smoke in any area where fireworks are handled or stored.