§ 405.00 Permits for public displays of fireworks.
1. Definition of “permit authority.” The term “permit authority,” as
used in this section, means and includes the agency authorized to grant
and issue the permits provided in this section. The permit authority on
or within state property shall be the office of fire prevention and
control. The permit authority for territory within a county park shall
be the county park commission, or such other agency having jurisdiction,
control and/or operation of the parks or parkways within which any
fireworks are to be displayed. The permit authority in a city shall be
the duly constituted licensing agency thereof and, in the absence of
such agency, shall be an officer designated for the purpose by the
legislative body thereof. The permit authority in a village shall be an
officer designated for the purpose by the board of trustees thereof and
the permit authority in the territory of a town outside of villages
shall be an officer designated for the purpose by the town board
thereof.
2. Permits for fireworks displays. Notwithstanding the provisions of
section 270.00 of this chapter, the permit authority for state property,
county parks, cities, villages, or towns may grant a permit for the
display of fireworks to municipalities, fair associations, amusement
parks, persons, or organizations of individuals that submit an
application in writing. The application for such permit shall set forth:
(a) The name of the body sponsoring the display and the names of the
persons actually to be in charge of the firing of the display who shall
possess a valid certificate of competence as a pyrotechnician as
required under the general business law and article sixteen of the labor
law. The permit application shall further contain a verified statement
from the applicant identifying the individuals who are authorized to
fire the display including their certificate numbers, and that such
individuals possess a valid certificate of competence as a
pyrotechnician.
(b) The date and time of day at which the display is to be held.
(c) The exact location planned for the display.
(d) The number and kind of fireworks to be discharged.
(e) The manner and place of storage of such fireworks prior to the
display.
(f) A 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, highways and other lines of communication,
the lines behind which the audience will be restrained and the location
of all nearby trees, telegraph or telephone lines or other overhead
obstructions.
(g) Such other information as the permit authority may deem necessary
to protect persons or property.
3. Applications for permits. All applications for permits for the
display of fireworks shall be made at least five days in advance of the
date of the display and the permit shall contain provisions that the
actual point at which the fireworks are to be fired be in accordance
with the rules promulgated by the commissioner of labor pursuant to
section four hundred sixty-two of the labor law and that all the persons
in actual charge of firing the fireworks shall be over the age of
eighteen years, competent and physically fit for the task, that there
shall be at least two such operators constantly on duty during the
discharge and that at least two approved type fire extinguishers shall
be kept at as widely separated points as possible within the actual area
of the display. For any applications made for the display of fireworks
on state property, the state fire administrator shall coordinate the
issuance of such permits with the head of the police or fire department
or both, where there are such departments. The legislative body of a
county park, city, village or town may provide for approval of such
permit by the head of the police or fire department or both where there
are such departments. No permit granted and issued hereunder shall be
transferable. After such permit shall have been granted, sales,
possession, use and distribution of fireworks for such display shall be
lawful solely therefor.
3-a. Notwithstanding the provisions of subdivision three of this
section, no permit may be issued to conduct a display of fireworks upon
any property where the boundary line of such property is less than five
hundred yards from the boundary line of any property which is owned,
leased or operated by any breeder as defined in subdivision four of
section two hundred fifty-one of the racing, pari-mutuel wagering and
breeding law.
4. Bonds. Before granting and issuing a permit for a display of
fireworks as herein provided, the permit authority shall require an
adequate bond from the applicant therefor, unless it is a state entity,
county park, city, village or town, in a sum to be fixed by the permit
authority, which, however, shall not be less than one million dollars,
conditioned for the payment of all damages, which may be caused to a
person or persons or to property, by reason of the display so permitted
and arising from any acts of the permittee, his or her agents,
employees, contractors or subcontractors. Such bond shall run to the
state if the permit is granted for a display on state property, or to
the county park, city, village or town in which the permit is granted
and issued and shall be for the use and benefit of any person or persons
or any owner or owners of any property so injured or damaged, and such
person or persons or such owner or owners are hereby authorized to
maintain an action thereon, which right of action also shall accrue to
the heirs, executors, administrators, successors or assigns of such
person or persons or such owner or owners. The permit authority may
accept, in lieu of such bond, an indemnity insurance policy with
liability coverage and indemnity protection equivalent to the terms and
conditions upon which such bond is predicated and for the purposes
provided in this section.
5. Local ordinances superseded. (a) All local ordinances regulating or
prohibiting the display of fireworks are hereby superseded by the
provisions of this section. Every city, town or village shall have the
power to enact ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in the
preparation for or in connection with television broadcasts.
(b) Further, no city or county shall be bound to include “sparkling
device” in the definitions of “fireworks” and “dangerous fireworks” in
section 270.00 of this chapter, if such city or county shall so
authorize the exemption of “sparkling device” by law. If any such city
or county so elects, it and such other local jurisdictions that lie
within its geographical boundaries shall not enact any other local law
that is inconsistent with the provisions of subparagraph (iv) of
paragraph (c) of subdivision one of section 270.00 of this chapter, nor
to regulate sparkling devices in a manner that is in conflict with the
provisions of NFPA 1124, 2006 edition.
