British Pyrotechnists Association and Explosive Industry Group. Firework Handbook 2000/2001. Contents

Transcription

1 British Pyrotechnists Association and Explosive Industry Group Firework Handbook 2000/2001 This brief guide has been prepared by the British Pyrotechnists Association (BPA) and the Explosive Industry Group (EIG) of the CBI to assist users of fireworks and the enforcement authorities to have a better understanding of fireworks, good practice and firework law. By its very nature this guide cannot hope to cover all aspects of this important and extensive subject. However, the guide does give advice on where to obtain further information where appropriate. Contents 1. Firework law 2. The British Standard for Fireworks 3. Fireworks available to the general public 4. Firework Displays 5. Storage of fireworks 6. The BPA Code of Practice 7. Sources of further information 8. Contact Details 9. Stop Press (Items of particular concern) Whilst every effort has been made to cover all current legislation and regulations and other relevant information when this Guide went to print, neither the BPA, EIG nor their servants or agents can accept responsibility for, or liabilities incurred directly or indirectly as a result of, any errors or omissions in this Guide. Those involved in the firework sector are responsible for taking their own legal and other advice as they see fit. Readers are also strongly advised to check their own position with the relevant organisation(s) referred to in this Guide and whether there has been any change in legislation or regulation since the publication of this Guide. 1

2 1. Firework law Fireworks are explosives, but they are also, in the main, consumer products. Firework law can be broken down into two main areas - that enforced by the Health and Safety Executive (or their agents), and that enforced by the Department of Trade and Industry (and local authority trading standards departments.) HSE legislation Manufacture Storage (but see right) Packaging Transport Importation Professional use DTI legislation Amateur use Consumer protection (including the British Standard) Local Authority storage enforcement (often via Trading Standards Officers) Explosive Acts The basis of the majority of UK law relating to fireworks is the 1875 Explosive Act and subsidiary legislation. The Act, due for overhaul by HSE, encompasses all aspects of manufacture and storage, including details of construction and Quantity/Distance relationships for explosives buildings. Many sections of the Act have been repealed by regulations made under HSWA. If in doubt please check with BPA or EIG, or directly to the Explosives Inspectorate (all contact details are at the end of the booklet). The Health and Safety at Work etc Act 1974 Modern health and safety legislation mostly stems from regulations made under the Health and Safety at Work etc Act 1974 (HSWA). These regulations are increasingly Goal Setting rather than Prescriptive in nature, and rely on Approved Codes of Practice (ACoPs) and Guidance to flesh out compliance issues. Examples of regulations made under HSWA include:- 2

3 Title of Regulation and Acronym Classification and Labelling of Explosives Regulations 1983 (CLER) Packaging of Explosives for Carriage Regulations 1991 (PEC) Carriage of Explosives Regulations 1999 (CER ) Control of Explosives Regulations 1991 (COER) Placing on the Market and Supervision of Transfer of Explosives Regulations (POMSTER) Brief details Brings UK into line with United Nations Recommendations, and requires classification of all explosives for transport by HSE or MOD Again, brings UK into line with UN recommendations.. Requires testing and certification of all packagings for transport of explosives Defines vehicle types, placarding etc for carriage of explosives by road Limited applicability to fireworks at present Limited applicability to fireworks at present. Further details are available from BPA or EIG, or from HSE direct Consumer Protection Act and General Product Safety Regulations The basis of consumer law in the UK is the Consumer Protection Act 1987 (CPA). In essence the Act says that items on sale to the general public must be safe for use by the general public, and must be safe in use without any form of training. The General Product Safety Regulations 1994 (GPSR), the result of a European Directive, covers similar scope. Due to limitations in the CPA, training cannot be a means of proving competence for potential purchasers of prohibited fireworks under the 1997 Firework (Safety) Regulations. The British Standard for Fireworks The British Standard BS 7114;1989, although not law, is called up in the Firework (safety) Regulations All fireworks supplied to the general public must comply with the requirements in the Standard as well as additional requirements in the 1997 Regulation. The British Standard, and the types of fireworks it includes, is described in more detail in a later section. 3

4 2. The British Standard for Fireworks All fireworks on sale to the general public today must comply with the British Standard for Fireworks, and in addition conform to the requirements of the 1997 Firework (Safety) Regulations. The British Standard for fireworks (BS 7114, 1988) is a performance-based standard in which testing and compliance is based on batch testing of products. It is divided into three parts: Part 1 Part 2 Part 3 Categorisation and description of Fireworks Construction and performance criteria for consumer fireworks Testing methods for compliance and categorises fireworks into 4 types. Each category has general performance and labelling criteria associated with that category, and in addition each firework type within a category has specific performance criteria which have to be met. BS Category Category 1 Category 2 Category 3 Category 4 Common Name Indoor Garden Display Display (Professional) General Fuse Delay time Various 3-13 secs 5-15 secs Not specified General Debris distance Various 3m 20m Not Specified General Viewing distance Various 5m 25m Not Specified Firework Types and Effects The British standard names and describes types of fireworks in the various categories, and should be consulted for specific information about firework types and test and performance methods. The following tables outlines the major types of garden and display fireworks specified in part II of the British Standard. 4

5 Type Banger Cat 2 Cat 3 Description Single tube containing gunpowder producing a report (=bang) often following emission of sparks Fountain Single tube containing explosive composition which produces an emission of sparks and flames with/without aural effect Roman candle Single tube containing alternate pyrotechnic unit (s) and propellant charge(s) which ejects a pyrotechnic unit, or several units in succession, producing a visual and/or aural effect, or a series of such effects, remote from the firework case usually in the air Mine Device fired on the ground, containing a single propellant charge and pyrotechnic units (eg stars or noise units) which ejects all the pyrotechnic units in a single burst producing a widely dispersed visual and/or aural effect Wheel Device which is designed to rotate around a fixed point w hich rotates, emits sparks and flames, with or without aural effect Rocket Self-propelled device with stick(s) for stabilisation of flight which ascends, which can be followed by report and/or ejection of pyrotechnic units producing a visual and/or aural effect Sparkler Wire coated along one end with explosive composition and designed to be held in the hand or fixed in the ground which emits sparks Combination Assembly including several elements each corresponding to one of the devices listed above in any combination, with a single point of ignition Shell Device designed to be projected from a mortar tube and containing propellant charge, delay fuse, burster and pyrotechnic unit(s). After projection, ascent then bursting of the firework case and ejection of the pyrotechnic unit(s) produces a visual and/or aural effect Following the Firework (Safety) Regulations 1997, some of these types are restricted for sale to the general public - see next page. 5

6 3. Fireworks available to the general public The range of fireworks available to the general public is now restricted to those types specified in the 1997 Firework (Safety) Regulations. The 1997 Firework (Safety) Regulations The DTI prepared a set of emergency regulations in 1996 which were made into permanent law in Prohibitions These regulations prohibit the sale to the general public of the following fireworks Shells and shells in mortar Aerial maroons and aerial maroons in mortar Fireworks of erratic flight Mini rockets Bangers and batteries containing bangers Combinations including bangers (except for wheels) Any other firework which is not specified in Schedule 3 of the regulations Furthermore it modifies and extends the British Standard in respect of the maximum dimensions or weights of certain fireworks (schedule 2 of the regulations). Sparklers The Regulations also require sparkler packets to be labelled with the text Warning: not to be given to children under 5 years of age Other restrictions The regulations state that:... no person shall supply any firework or any assembly to any person apparently under the age of eighteen years The Regulations also describe those persons permitted to purchase the prohibited items including:- 6

7 (a) any person who is in business as a professional organiser or professional operator of firework displays; (b) any person, being a person whose trade or business (or part of whose trade or business) is the supply of fireworks or assemblies, for the purpose of supplying them in accordance with the provisions of these Regulations; (c) any local authority for the purposes of a firework display put on by that authority or for use by that authority at a national public celebration or a national commemorative event; (d) any person for use, in the course of a trade or business of his, for special effects purposes in the theatre, on film or on television; Clarification of which fireworks are permitted to be sold has been provided by DTI and they have stated that cakes, mines and Roman candles containing flash units (ie bangs) are not prohibited from sale. The European Standard The European Standard for Fireworks, due for completion in 2002, approaches standards for fireworks in a different way. Instead of one standard divided into 3 parts, the European standard will have a separate standard for each permitted type. Broadly the European Standard follows the British Standard model. There will be 4 categories, however the test and safety distances will be altered. There will be many more types of fireworks with a Standard - although we wait to see how this will be accommodated in UK law. The first drafts of the agreed standards are available from BSI, and others will be availabe from them as they are agreed. Firework Types and effects The following table illustrates (as far as can be achieved on paper) a typical construction and the different types of outdoor (Cat 2 and 3) firework effects typical of the various firework types available to the general public. This list 7

8 is illustrative only - users should always consult the label on the firework to determine the effect. Type Rocket Description and Duration Ascends, often with Gold or silver tail to produce star burst and/ or noise effect Duration: approx 3 secs Effect Roman candle Single or multiple firings, often from a single tube, of stars, bombettes (mini star bursts) and/or noise units Duration :10-45 secs Cake Multiple firings from a multitube assembly of stars, bombettes (mini star bursts) and/or noise units Duration: typically 30 secs Mine Fired from an integral tube, a mine produces a conical plume of stars or noise units Duration: approx 3 seconds 8

9 Wheel Rotating device producing sparks and/or noise Duration: seconds Lancework (not explicitly a BS type) Fountain A pictorial representation of a message or image, sometimes with additional effects Duration: typically 45 secs Showers of sparks or coloured flame emitted from a tube Duration: secs Sparkler Shower of sparks from a wire. Duration seconds Set piece A static combination of, usually, fountains to produce a latticework pattern of sparks Duration: secs Combination Any combination of permitted fireworks, usually fused together for simplicity of firing 9

10 4. Firework Displays Professional or Consumer displays? Many displays, especially around November 5th, are fired by amateurs using fireworks conforming to the requirements of the 1997 Firework (Safety) Regulations. Some of these shows can be quite extensive and may last for periods up to 60 minutes. The events are usually well established, community, school or club events where a committee has been formed to manage the event and to set-up and fire the display. These organisations usually (but not exclusively) purchase fireworks in the form of self-fire kits direct from major suppliers. These displays are good fun, and are safe provided that:- A) thought has been given at the planning stage of the display - including consideration of what to do in adverse conditions etc B) the site is suitable for the type and scale of event planned C) only British Standard fireworks are used D) that the firework operators are completely familiar with their role in the display, the types of fireworks they will be firing, firing technique etc Even in the absence of items prohibited in 1997, these displays can still provide spectacular entertainment for the audience. Firework displays fired by professionals are usual where:- A) the site puts extra restrictions on the fireworks that can be used B) the display is to be fired in a very much reduced time (maybe as short as 30 seconds) C) the budget permits or the display is very large Firework professionals are at work and thus subject to all the regulations under HSWA. This means that they will usually carry out some form of site inspection with the client, carry out a risk assessment and determine the types of fireworks suitable for the display, and rig and fire the display entirely - leaving the organiser of the event to concentrate on other matters. Professional firers have access to a much wider range of types and sizes of fireworks than the amateur - and consequently rarely adhere to the distance guidelines of the British Standard. Often this will mean professional displays 10

11 require MORE room than an amateur display - but there are circumstances where by careful choice of fireworks a display in a very restricted area can be safe and spectacular. Professional display companies will base the contents of their displays on an assessment of risk given the particular features of the site and the display. These matters, and others, will need to be discussed with the firework company prior to the event. We recommend that you employ one of the members of the BPA or EIG to arrange and fire your firework display. A list of current EIG members is always available at the EIG website - Training There is no mandatory requirement for training of professional or amateur firework firers in the UK, but there are a variety of courses available organised by individual companies or by training organisations. Both the BPA and EIG endorse the BTEC courses which offer structured, practical, teaching for users of both fireworks and pyrotechnics. Further details are available from EIG or BPA,. The sale of Category 4 fireworks The Firework (Safety) Regulations 1997 prohibited the sale of category 4 fireworks (and other specified types) except to certain groups of people (including the Armed Forces and Local Authorities) unless they are Professional. A guide to the regulations is available from DTI. BPA and EIG members regard the following as minimum requirements for purchasers of Category 4 fireworks:- Legal storage - Local Authority Division A is considered to be the minimum standard 365 day insurance covering product and public liability with cover of at least 1 million Company status (including sole traders) with official orders on company headed paper Competence to use the products required 11

12 5. Storage of fireworks Storage of fireworks can be legally achieved in many ways in the UK. 14 Day Rule and Private Use The Explosives Act 1875 permits the storage of a limited quantity of fireworks (5Kg) for an unlimited period of time, or the storage of an unlimited quantity of fireworks for up to 14 days prior to their use. It is generally taken that these provisions apply to private use that is use by the keeper or associates (eg for a school bonfire) but not for sale. It also applies where local operators are storing fireworks prior to them firing a professional display. Registered premises - Mode A and B The first level of legal storage are registered premises. Mode B Mode A Maximum Quantity of Fireworks 250Kg 1000Kg Comments In closed metal containers In a building Separate from a dwelling house (Note 3) Notes:- 1. Quantities given are gross weights 2. There are no minimum distance requirements for Mode A The vast majority of registered premises are held by shopkeepers for supply of fireworks to the general public in the period leading up to November 5th (indeed it is a requirement of the 1875 Act that all premises selling fireworks should be Registered with the Local Authority). The BPA feel that Registered Premises are not suitable for professional firework display companies owing to their limited storage capacity, and the fact that their status may neither be refused or revoked. 12

13 Local Authority Stores Store Div A Div B Div C Div D Div E Quantity of Fireworks 300Kg 600Kg 1800Kg 3600Kg 7200Kg Distance from Roads etc 23m 23m 45m 70m 110m Distance from Buildings etc 26m 40m 89m 140m 215m Notes 1. Quantities given are gross weights 2. Where more than one Divisional store is licensed they must be separated by the statutory distance - eg two Div E magazines on the same site must be 110m apart For further information please consult the Explosive Act 1875 and especially HSE publications I2 - Summary of the Acts concerning premises Registered for Gunpowder or Mixed Explosives and I3 - Summary of the Acts concerning Stores for Mixed Explosives The 1997 Firework Fusing Exemption This exemption certificate was introduced because it was evident that many small display operators wish to (and indeed do) fuse firework prior to use in their own displays. Although this is strictly prohibited under the Explosives Acts, this exemption permits limited operations under carefully controlled circumstances in association with a HSE magazine, Local Authority Registered Premises or Store where the fireworks are for own use and not for sale. The exemption requires that:- Only one such exemption may be granted for a premises A maximum of two people are working. The quantity of fireworks is kept low That work is carried out in a separate, dedicated building remote from the firework store That normal cleaning and good housekeeping rules are followed. 13

14 The exemption, however, does not remove the obligation on the user to have all fireworks made (including assemblies) authorised, and classified and packaged prior to transport according to normal explosive legislation. HSE Factory and Magazine licences The highest level of storage and control in the UK is at HSE licensed factories and magazines. Under this regime the processes and storage capacities of buildings are determined individually having regards to the type of materials being handled, and the distances to adjacent buildings etc. An HSE Factory Licence is the appropriate level for a company importing and manufacturing/modifying large quantities of fireworks for onward sale or for displays. New Manufacture and Storage Regulations The Health and Safety Executive are presently drafting new Manufacture and Storage Regulations which will replace the 1875 Explosives Act and other legislation in about The regulations will encompass all modes of storage, and are likely to revise the present system, especially at the lower levels. Storage levels will be based on Hazard Type, an HSE construct breaking down all explosives into 4 classes depending on the hazard posed in storage. Further details are available from BPA or EIG, or contact HSE policy section directly. 14

15 6. The BPA Codes of Practice Over many years the BPA have agreed voluntary codes of practice with members of the firework industry. Prior to the introduction of the 1997 Firework (Safety) Regulations the BPA and EIG also agreed a voluntary restriction on the sale of certain items to the general public. Currently the voluntary restrictions include agreements on:- Timings of Firework Displays Limitation of the period of advertisi ng for sale of fireworks New Year Celebrations Sale of Category 4 Fireworks Not later than 11:00pm except in special circumstances 3 weeks prior to November 5th for selling fireworks for the November 5th period For New Year celebrations the period of sale should be limited to 3 weeks prior to New Year s Eve. Fireworks for the New Year should concentrate on larger selection packs, larger rockets and larger loose items The BPA and EIG membership have agreed that category 4 fireworks should only be sold to companies with adequate legal storage (Division A or above) and insurance of at least 1 million for each product/public liability. The BPA, EIG and other bodies, have also proposed that, once established, BTEC level 2 or other demonstrably relevant experience should be the minimum standard of competence for users of Category 4 fireworks. Further information is available from the BPA. 15

16 7. Sources of further information Explosive Safety Management CD Rom The Explosive Industry Group of the CBI have prepared a multimedia, interactive CD Rom containing further details of firework law, illustration of fireworks and firework effects etc. Further details are available from EIG direct. Websites Current information about fireworks and safety related issues is available from the following websites. Explosive Industry Group UK Firework safety site DTI homepage HSE homepage HSE Guides BPA and EIG were involved in the preparation of two award winning HSE guides on firework displays:- Giving your own firework display HSG123 Working together on firework displays HSG124 Details and ordering information is available from HSE Books. Video The BPA have produced a video Celebrate Safely on preparing and firing a firework display aimed at organisers of small events such as schools, clubs etc. A commercial video, Display safe with Fireworks, is available from MC Video productions, 23 Albion Hill, Exmouth, Devon E8 1JS Further copies of this guide Further copies are available from BPA or EIG. An electronic version is available at 16

17 8. Contact Details For further information about the BPA and EIG British Pyrotechnists Association Explosive Industry Group of CBI For general enquiries Department of Trade and Industry Health and Safety Executive - Explosives Branch Health and Safety Executive - Explosives Policy Section British Standards Institute HSE Books Michael Chamberlain 1 Waterloo Way Leicester LE1IDB Brig Charles Smith Centrepoint 103 New Oxford Street London WC1A 1DU John Ackroyd Victoria Street London SW1H 0NN Allen Webb St Annes House University Road Bootle Merseyside L20 3RA Andy Miller Rose Court 2 Southwark Bridge London SE1 9HS Roger Tanfield 389 Chiswick High Road London W4 4AL PO Box 1999 Sudbury Suffolk CO10 6FS Tel: Fax: Tel: Fax: info@eig.org.uk Tel: Fax: Tel: Fax: allen.webb@hse.gov.uk Tel: Fax: andy.miller@hse.gov.uk Tel: Fax: Tel: Fax:

18 9. Stop Press - Topics of current concern June 2000 June 2000 Following the tragic events at Enschede where a large store of mixed display fireworks exploded, Firework Myths Exploded The full details of the investigation will not be available for many months. Until the facts are known it is not possible to draw conclusions about the storage of fireworks. However, both BPA and EIG are convinced that a similar situation could not arise in the UK. HSE have previously issued guidelines for storage of fireworks in steel stores on HSE licenced sites. Note that these guidelines do not apply to Local Authority stores. The EIG have prepared a factsheet giving reasoned answers to many of the emotive and incorrect myths that circulate prior to the November season, or following an accident such as Enschede. Further details are available on the EIG website 18