LEGISLATION

British Pyrotechnists' Association and Explosive Industry Group
Firework Handbook 1999/2000

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, but 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. 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	"DTI" legislation
Manufacture	Consumer protection (including the British Standard)
Storage (Note 1)
Packaging
Transport
Importation
Professional use

Note 1 Storage in all forms from "private use" to magazine sites - although Local Authority Trading Standards Officers or others may enforce at points of sale and "Registered" premises

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:-

Classification and Labelling of Explosives Regulations 1983 (CLER)	Brings UK into line with United Nations Recommendations, and requires classification of all explosives for transport by HSE or MOD
Packaging of Explosives for Carriage Regulations 1991 (PEC)	Again, brings UK into line with UN recommendations.. Requires testing and certification of all packagings for transport of explosives
Carriage of Explosives Regulations 1999 (CER IIa)	Defines vehicle types, placarding etc for carriage of explosives by road
Control of Explosives Regulations 1991 (COER)	Limited applicability to fireworks at present
Placing on the Market and Supervision of Transfer of Explosives Regulations (POMSTER)	Limited applicability to fireworks at present.

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 1997. 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.

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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 Categorisation and description of Fireworks

Part 2 Construction and performance criteria for consumer fireworks

Part 3 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.

	Name	General Fuse Delay time	General Debris distance	General Viewing distance
Category 1	Indoor	Various	Various	Various
Category 2	Garden	3-13 secs	3m	5m
Category 3	Display	5-15 secs	20m	25m
Category 4	Display (Professional)	Not specified	Not Specified	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.

 

Type	Cat 2	Cat 3	Description
Banger	X	X	Single tube containing gunpowder producing a report (=bang) often following emission of sparks
Fountain	X	X	Single tube containing explosive composition which produces an emission of sparks and flames with/without aural effect
Roman candle	X	X	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	X	X	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	X	X	Device which is designed to rotate around a fixed point which rotates, emits sparks and flames, with or without aural effect
Rocket	X	X	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	X	X	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	X	X	Assembly including several elements each corresponding to one of the devices listed above in any combination, with a single point of ignition
Shell		X	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.

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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 1997.

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 (which have a well defined minimum size - minimum 300mm length, and 12mm diameter)

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:-

• (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.

Further details of the European Standard will be available in the next revision of this guide.

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 is illustrative only - users should always consult the label on the firework to determine the effect.

 

Type	Description and Duration	Effect
Rocket	Ascends, often with Gold or silver tail to produce star burst and/ or noise effect   Duration: approx 3 secs
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
Wheel	Rotating device producing sparks and/or noise     Duration: 10 - 60 seconds
Lancework   (not explicitly a BS type)	A pictorial representation of a message or image, sometimes with additional effects   Duration: typically 45 secs
Fountain	Showers of sparks or coloured flame emitted from a tube   Duration: 10 - 30 secs
Sparkler	Shower of sparks from a wire.   Duration 30-60 seconds
Set piece	A static combination of, usually, fountains to produce a latticework pattern of sparks   Duration: 25 - 45 secs
Combination	Any combination of permitted fireworks, usually fused together for simplicity of firing

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4. Firework Displays

Professional vs 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 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.

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.

Training

The only national, impartial and recognised training available for the firework industry is the BTEC firework firers courses at present organised via Loughborough College and the Production Services Association (PSA). The BPA, EIG and their members have been involved with BTEC on the formulation and presentation of courses, which fall into 5 levels:-

 

	Name	Scope	Status
Level 1	Foundation Firer Award	"Amateur" firers of BS Category 3 fireworks	Courses available now
Level 2	Professional Firer Award	Professional firers	Courses available in September 1999
Level 3	Firework safety Officer	Managers and enforcers	Courses available late 1999
Level 4	Firework safety manager	Senior Managers and Event Organisers	In progress
Level 5	Firework Consultant/Trainer		In progress

Further details of the courses can be obtained from the BPA, EIG or from BTEC at Loughborough direct.

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.

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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".

 

	Maximum Quantity of Fireworks	Comments
Mode B	250Kg	In closed metal containers
Mode A	1000Kg	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 onr revoked.

Local Authority Stores

 

	Quantity of Fireworks	Distance from Roads etc	Distance from Buildings etc
Div A	300Kg	23m	26m
Div B	600Kg	23m	40m
Div C	1800Kg	45m	89m
Div D	3600Kg	70m	140m
Div E	7200Kg	110m	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 XI2 - Summary of the Acts concerning premises Registered for Gunpowder or Mixed Explosives and XI3 - 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.

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.

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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	Not later than 11:00pm except in special circumstances
Limitation of the period of advertising for sale of fireworks	3 weeks prior to November 5th for selling fireworks for the November 5th period
Millennium Firework sales	The display for sale period for 1999 should begin on 15 October for the fifth of November celebrations and 27 December for the New Year's Eve (Millennium) celebrations.   Fireworks for the Millennium should concentrate on larger selection packs, larger rockets and larger loose items
Sale of Category 4 Fireworks	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.

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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	http://web.archive.org/web/20030810123409/http://www.eig.org.uk/
UK Firework safety site	http://web.archive.org/web/20030810123409/http://www.fireworksafety.co.uk/
DTI homepage	http://web.archive.org/web/20030810123409/http://www.dti.gov.uk/cacp/ca/
HSE homepage	http://web.archive.org/web/20030810123409/http://hse.gov.uk/hsehome/

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 EX8 1JS

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8. Contact Details

For further information about the BPA and EIG

British Pyrotechnists' Association	Michael Chamberlain 1 Waterloo Way Leicester LE1IDB	Tel: 01162 566000 Fax: 01162 566050
Explosive Industry Group of CBI	Brig Charles Smith Centrepoint 103 New Oxford Street London WC1A 1DU	Tel: 0171 395 8063 Fax: 0171 297 2597 email: info@eig.org.uk

For general enquiries

Department of Trade and Industry	Christine Hennessy 10-18 Victoria Street London SW1H 0NN	Tel:0171 215 0360 Fax:0171 215 0357
Health and Safety Executive - Explosives Branch	Alan Webb St Annes House University Road Bootle Merseyside L20 3RA	Tel: 0151 951 4000 Fax: 0151 951 3891 email: allen.webb@hse.gov.uk
British Standards Institute	Roger Tanfield 389 Chiswick High Road London W4 4AL	Tel: 0181 996 9000 Fax: 0181 996 7400
Loughborough College	Ximena Williams The Laser centre Loughborough College Radmoor Road Loughborough LE11 3BT	Tel: 01509 210835 Fax: 01509 232310 email: fireworks@loucoll.ac.uk
HSE Books	PO Box 1999 Sudbury Suffolk CO10 6FS	Tel: 01787 881165 Fax: 01787 313995

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9. Stop Press - Topics of current concern

May 1999	Following advice from HSE regarding storage of fireworks in HSE licensed steel magazines some Local Authority enforcers have determined that it is no longer appropriate to store such items in Registered Premises and Licensed stores	The HSE guidance does not apply to Local Authority stores and registered premises where the quantities of fireworks permitted for storage are very restricted. For more information contact HSE Explosives Inspectorate
November 1998	Some enforcing authorities are interpreting "Mini Rocket" as any small rocket	Mini Rockets are adequately described in thevFirework (Safety) Regulations 1997. They must not be less than 300mm long, nor have a diameter less than 12mm

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