03/28/2012 We will discuss � Documents to be familiar with � Definitions of the types of fireworks PA 256 of 2011 � Details of PA 256 Michigan Fireworks � Emergency Rules Established Safety Act � APA Standard 87-1 � NFPA 1124 What We Need To Know � Questions & Concerns Fire Marshal Michael Evans, CFPS Novi Fire Department What is the difference It used to be easy!!! Class 1.4G Consumer Fireworks Class 1.3G Display Fireworks Low Grade & Novelty Fireworks States Allowing Use of Fireworks Documents to be Familiar with � PA 256 of 2011 � APA Standard 87-1 of 2001 � NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnics Articles, 2006. � NFPA 1123, Code for Fireworks Display, 2010 � NFPA 1 (2006) � NFPA 101 (2009) Source: APA website, Jan. 2012 1
03/28/2012 UN/DOT Classification System for Definitions Explosives and Fireworks � Div. 1.1G- Large shells, >10”, > 71 grams of � Articles of Pyrotechnic: powder, mass explosion possible � for professional use, similar to Consumer FW. Not � Div. 1-3G – Display Fireworks, UN0335, intended for consumer use. � Consumer Fireworks Explosives w/mass fire or minor explosion � Low-Impact Fireworks: � Div. 1-4G – Consumer Fireworks, UN0431 � Display Fireworks: Explosive articles, no significant blast hazard � Includes Low-Impact, Novelties � Novelties: � Special Effects: ‘G’ = Pyrotechnics Aerial Devices Consumer Fireworks � Produce visible effect � Bottle Rockets: 20g � Class 1.4G (Class C, Common Fireworks) powder � Roman Candles: 20g � UN0336 powder � APA 87-1. 3.1.2, 3.1.3, 3.1.5 � Mine and Shell: 60 g of powder � Aerial Devices � Aerial Shell Reloadable � Audible Ground Devices tube: 60 g, 1.75” � Mine and Shell Devices � Aerial Shell Kit, Reloadable tube Audible Ground Devices Low-Impact Fireworks � Firecracker: 50mg of � “Ground and hand-held sparkling devices” explosive composition � Classified as 1.4G (Class C, Common FW) � APA 87-1. 3.1, 3.1.1.8, and 3.5 � Chaser: travels along � Fountains, Sparklers, Wheel & Spinner ground, whistling effect, 20 g of chemical comp. 2
03/28/2012 Display Fireworks Novelty � Small amounts of pyrotechnic composition � Large fireworks devices with explosive � Not listed as 1.4G materials intended for use in display. � Not regulated � Produce visible/audible effects by combustion, deflagration or detonation � Salutes > 2 grains � Aerial shells > 40 g � Other devices with chemical composition that exceeds limits for consumer fireworks. 28.454 Sale of Consumer Fireworks Certificate – Section 4 PA 256 of 2011 � Permit required � BFS handles all applications Michigan Fireworks � Apply by April 1 Safety Act � Fees: $1,000 for Fixed Location, $600 Temporary Locations 28.456 Website Registry 28.455 Sale of Consumers Fireworks Section 6 Section 5 � List of Consumer Grade and Low-Impact � Both Fixed and Temporary locations sellers. must comply with both NFPA 101 and � Low-Impact retail establishments must NFPA 1124. register. � Starting in 2013, all fixed CFRS � No cost locations shall be equipped with a fire � If they sell without registering, shall cease sales until they register. suppression system. � No other penalty � $10M in liability insurance 3
03/28/2012 28.457 Local Ordinance 28.462 Prohibited Conduct Section 7 Section 12 � Local AHJ shall not enact or enforce an � Shall not ignite, discharge, or use consumer ordinance regulating the sale, display, storage, fireworks on public property, school property, transportation, or distribution of fireworks church property, or that of another person regulated under this act. without permission. ($500 fine) � Local AHJ may enact and ordinance regulating � Shall not be sold to a minor. ($500 fine) the ignition, discharge, and use of consumer � Shall not be used while under the influence of fireworks except on the day before, day of, and day after a national holiday. alcohol or controlled substance. � 10 holidays: 5 U.S.C. 6103 (1998) 28.464 Firework in Violation of Act 28.466 Display Fireworks Section 14 Section 16 � Governmental or Law Enforcement agency that ID’s a firework in violation, shall secure � Still fall under local control for permits firework and notify the BFS. � Applications obtained through BFS � Except for failure to register low-impact � NFPA 1123 � BFS or PD may seize illegal fireworks and store � ATF Permit is required pending outcome of legal proceedings at � Concern with “skimming” of display fireworks expense of owner if found guilty. and resale for unauthorized use. 28.468 Violation of act 28.469 Inspections – Delegation Section 18 Section 19 � Unless otherwise provided in this act…… � BFS may delegate authority to inspect and other duties under this act. � Misdemeanor 30 days / $1,000 � Delegation is not happening at this time. � If property is damaged: 90 days / $5,000 � Local AHJ may still inspect under PA 207 and � Cause injury: Felony, 5 years / $5,000 report violations to the BFS. Nothing in this � Cause death: Felony, 15 years / $10,000 act removes our PA 207 authority. � All convictions also carry requirement to reimburse for storage. 4
03/28/2012 Emergency Rules Local Issues � Established for 180 days until the rules can be � Local AHJ cannot prohibit the sales of consumer grade or low-impact fireworks promulgated. � Includes Brick/Mortar and tents. � Established BFS procedures for applications � Local AHJ can establish an ordinance to restrict and handling of fees. the use except around holidays. � Established what was required on the plans � Local zoning should prevail for use (mercantile) submitted with each application. (1124) and parking requirements. � Verification of compliance. See Rule 9. � Building permit still required for permanent and � Affidavit temporary use locations. Must comply with MBC. � Proof of insurance ($10M) � Local fire code official can still inspect CFRS under � Covers denials and appeals process. PA 207 and report violations to the BFS. APA Standard 87-1 APA Standard 87-1 � Standard for construction and approval for � Provides requirements for: transportation of fireworks, novelties, and � Display fireworks theatrical pyrotechnics. � Construction details of fireworks � Great resource for device definitions and � Shipping requirements classifications. � All devices for consumer sale and use shall be labeled and packaged for such use. � Devices with out consumer label and package are considered to be illegal and dangerous. NFPA 1124 7.1.2 Facility Classification � Permanent buildings and structures: Code for the Manufacturer, Transportation, Storage, and Retail Sales of Fireworks and � Stores Pyrotechnic Articles, 2006 Edition � CFRS facilities � Temporary facilities: Chapter 7 Retail Sales of Consumer Fireworks � CFRS stands: Max. 800 S.F. � Tents � Canopies � Membrane structures 5
03/28/2012 Consumer Store Fireworks Retail � Mercantile Sales Facility occupancy with (CFRS) a variety of merchandise Used primarily � Not used for the retail primarily for the display and sale retail sales of of consumer consumer fireworks to the fireworks public Store – Maximum Quantity of Stand Fireworks CFRS facility � < 25% of retail sales area or 600 sq ft < 800 sq ft, but whichever is LESS, and not a tent, � Displayed and sold in a manner approved by canopy or the AHJ and comply with the applicable membrane provisions of this code, federal and state law, structure used and local ordinances primarily for retail display and sale of consumer fire works Exempt Amounts – 7.3.1 Tent � No definition in � Total quantity of pyrotechnic composition NFPA 1124 < 125 lbs � NFPA 101 – � Total quantity of pyrotechnic composition Temporary < 250 lbs where building is protected by structure… NFPA 13 sprinkler system pliable material.. � Total weight of pyrotechnic composition? columns, Use 25% of gross weight, including poles…rope or packaging cables 6
03/28/2012 “Rules of Thumb” Exempt Amount?? � VERY generic – VERY rough � One case: 30 – 40 lbs @ 25% 7.5 – 10 lbs of pyrotechnic content per case – Use 10 lbs per case � One pallet 300 -400 lbs @ 25% 75 – 100 lbs of pyrotechnic content per pallet – Use 100 lbs per pallet 7.3 General Requirements for ALL General Requirements (Cont’d) � Exempt amounts previously discussed – 7.3.1 � Fire Department Access – 7.3.4 � Permits per state or local requirements – 7.3.2 � Exterior within 150 ft of public way or � Plans for other than tents or stands – 7.3.3 � Construction – 7.3.5 � Distances � One story � Vehicle access and parking � Permanent per building code � Portable fire extinguishers � NFPA 102 for tents canopies and membrane � Floor plan and layout � Temporary greater than 800 ft 2 = Permanent � Means of egress � Construction � Vehicle = stand Portable fire extinguishers Automatic Sprinklers � Per NFPA 10 extra hazard � Permanent CFRS � Min of 2 2A facilities and � Min of 1 H 2 O stores � Min of 1 � New > 6000 S.F. multipurpose dry chemical if � Existing > 7500 electricity S.F. � Max 75 ft TD 7
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