5601.5.2.1 Fireworks contractor.
FC § 5601.5.2.1
Only a company holding a fireworks contractor certificate issued pursuant to FC 115 and this section is authorized to engage in fireworks displays or other event involving the discharge or other use of fireworks, and all related storage, handling, use and transportation of fireworks. Such a certificate shall be issued only to a company whose owners, principals and officers demonstrate to the satisfaction of the commissioner that they possess the requisite character and fitness, education, experience, licenses, facilities, equipment and qualified staff to safely conduct fireworks displays or other events involving the discharge or other use of fireworks. The fireworks contractor shall be responsible for the safe conduct of the display or other event, in the manner prescribed by the department, including: 1. Arranging for the preparation and submission of the fireworks display permit application, including the fireworks display plan, and obtaining the fireworks display permit.
2.Obtaining any necessary permit or authorization, including but not limited to any permit or authorization required by the United States Coast Guard, the New York City Department of Parks and Recreation, the Port Authority of New York and New Jersey, and the United States Federal Aviation Administration.
3.Ensuring compliance with all federal, state and local laws, rules and regulations governing the transportation of explosives.
4.Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holders required by this section.
5.Ensuring compliance with the directions of the department representatives.
6.In conjunction with the sponsor, ensuring maintenance of viewing areas at a safe distance from the location of the fireworks discharge, and other appropriate safety and crowd control measures, as prescribed by the commissioner.
7.Obtaining a liability and casualty insurance policy as set forth in FC 5601.2.4.
8.Conducting an inspection of the display site not more than 48 hours nor less than 24 hours prior to the scheduled display to determine whether there have been any changes in conditions at the display site or other area encompassed by the fireworks display plan (such as the presence of any new combustible or flammable material) that could render the area unsafe for a fireworks display. The fireworks display contractor shall notify the department of any such conditions and arrange for them to be removed.
9.Ensuring that the site of the display or other event is left in a safe condition.
