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What is NYC FC § 5608.8.1.3?

Quick Answer

This section outlines the conditions under which fireworks displays may be delayed, suspended, or canceled for public safety reasons. The statute mandates that department representatives have the authority to make these determinations based on various factors, including weather conditions and compliance with safety protocols. Applies to operators of fireworks displays.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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5608.8.1.3 Delays and cancellations.

FC § 5608.8.1.3

No fireworks display shall commence until approval has been given by the department representatives on the scene. Department representatives may delay commencement of the display, or suspend or cancel the display, upon a determination that such action is in the interest of public safety, by reason of weather or other site conditions, the use of unapproved equipment or shells, the improper installation or unsafe operation of the display, the presence of any unauthorized person within the discharge site, the failure of any person to comply with the directions of the department representatives, or other good cause. In no case shall a display commence or continue when wind velocity exceeds 30 miles per hour (48.28 km per hour) as determined by the department.

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