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Fireworks

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Summary

Fireworks injure people every year. Some result from use at organised family or community bonfires/displays, others as a result of misuse in the street. Many occur as a result of fireworks being obtained and used/abused by people who are under the age of eighteen. Some injuries happen as a result of people dismantling or making their own fireworks.

There is a restriction on the type of firework that can be purchased and used by the public.

Certain types of fireworks are banned

Eligibility

Members of the public
Retailers selling fireworks
Businesses who may hold organised displays

Procedure

Registration

The Manufacture and Storage of Explosives Regulations 2005 (MSER) requires all businesses wishing to store or supply fireworks to register with or be licensed by the South Yorkshire Fire and Rescue Service (SYFRS). This applies whether you want to sell/ store around fireworks night or all year round.

If you have not registered before you must contact the Fire Service and register as quickly as possible. Together with your registration, you will receive advice on storage and your duties as a responsible retailer. If you have registered and sold fireworks in the past you will receive reminders to renew that registration.

With casualties across South Yorkshire every year, Regulatory Services are committed to continued reductions in illegal sales and casualties. We are determined to take action to deal with the problem, remove or reduce the risk and bring those responsible to account.

With your help we can work together to achieve this.

Please stick to the standards detailed in your notification and registration. Call us if you need advice or help on registration or storage. Please keep your eyes and ears open and help us to protect your business and the people of Barnsley and let us know if you see or hear anything that may require action.

Responsible Retailers
All the services are concerned about the safe use of fireworks. Crime and Disorder and Anti-Social Behaviour are also issues that need to be addressed. Part of the solution is the responsible supply of fireworks.

Trading Standards Officers and the Police enforce the conditions of sale relating to fireworks imposed by the Explosives Act 1875. Trading Standards Officers also enforce the Fireworks Safety Regulations 1997. The provisions of both are outlined below.

No person under the age of eighteen may be supplied with fireworks, including sparklers. The Fireworks Regulations 2004 prohibit persons under 18 from possessing fireworks in a public place - "any place to which the public have access at the relevant time" The term supply does not just cover selling fireworks to them, it includes providing them as a gift. If this requirement is met by suppliers and adults alike, including parents, the number of accidents at displays and in the street would be reduced.

Any firework that is to be sold in the U.K. must comply with BS7114 and be marked accordingly with a label that indicates the type of firework, and its category 1, 2, 3. Fireworks that do not meet the requirements of the standards are classified as Category 4 and must not be sold to the public. Fireworks not carrying these marks are illegal and must not be supplied. In addition to this, caps and throw downs etc must not be sold to anyone under the age of sixteen. Boxes of fireworks must not be split down and sold individually i.e. if you bought it in as a selection box it must be sold as one.

Failure to meet these requirements can result in a fine up to Â£5000 and/or 6 months in prison. Please contact Trading Standards or the Police if you suspect any business of under age sales/supply or supplying illegal fireworks.

Helplines

Regulatory Services, Health and Safety Team: 01226 773860/1 e-mail: healthandsafety@barnsley.gov.uk

Health and Safety Executive: 0114 2912300

Registration of Premises for the Sale of Fireworks
South Yorkshire Fire and Rescue: (01226) 282222

Misuse of Fireworks and Under Age Sales
South Yorkshire Police: (0114) 2202020

Responsible Sales
Regulatory Services, Trading Standards: 01226 772532

Display Safety
Regulatory Services, Health and Safety Team: 01226 773860/1

Charges/Fees

Charges are applicable for the registration of premises storing/selling fireworks depending on mode of storage.

Details are available from South Yorkshire Fire and Rescue Service on (01226) 773861

Methods of Payments Available

Contact relevant service e.g. South Yorkshire Fire and Rescue

Opening Times/Locations

Opening times and location map, click link for further information.

How the customer can help

Retailers

Retailers should register their premises
Retailers must ensure that they only sell fireworks to persons who are 18 or older. If in doubt ask for proof of age or refuse to sell the fireworks
Only the correct category of fireworks (1-3) must be sold to the public
If you are offering Category 4 Fireworks for sale they must only be sold to competent people who have the necessary knowledge experience and qualifications to use then. You should get proof of this competence.

Customers

Only buy the category of fireworks that is suitable for the place you will be using it
Always read the instructions before setting off the firework
Only set off fireworks at displays or bonfires - never in the street or other places where they may cause a nuisance or upset to people or animals
Ensure bonfires and displays are organised safely. Where possible use people who have experience in setting up displays or obtain one of the guidance booklets

Public/Businesses

Inform the appropriate authority if you have information on:

Underage sales
Unregistered sales
Sales of inappropriate, illegal fireworks
Nuisance issues - letting fireworks off in the street etc.
Register your display or bonfire with Regulatory Services so they know where displays are in the area in the event of complaints about noise etc.

Application form references

Bonfire and Fireworks Registration BFR1 - Obtain direct from Regulatory Services, download from related link or complete on line.

Leaflets

Guidance on organised Bonfires and Fireworks Displays - BMBC Regulatory Services

HSG 123 Working Together on Firework Displays - a guide to safety for firework display organisers and operators Â£8.95
HSG 124 Giving Your Own Firework Display - How to run and fire it safely Â£5.75

Both of the above guidance booklets are available from HSE books.

Distribution Points

Leaflets are available from our offices (see Opening Times/Locations)

Or from HSE:

HSE Books,
PO Box 1999,
Sudbury,
Suffolk,
CO10 2WA.

01787 881165 or visit the Health and Safety Executive website for free leaflets and download Stationary Office Book Shops.

Legislation

Health and Safety at Work etc. Act 1974
The Explosives Act
The Fireworks Act 2003
The Fireworks Regulations 2004
The Fireworks Safety Regulations 1997

Response Times / Next Steps

Requests for advice will be responded to within 5 working days

Out of Hours Procedure

Complaints relating to inappropriate use of fireworks should be referred to South Yorkshire Police

Owner Officer Contact Details

Principal Officer,
Food Hygiene/Health and Safety Team,
3rd Floor,
Central Offices,
Kendray Street,
Barnsley,
S70 2TN.

Additional Notes

Information Sources
There is no lack of information sources available to businesses and the public on fireworks and firework safety, in addition to the Relevant Links provided to other information on our Website. We have listed some of them below:

Registration of premises for the sale of fireworks

South Yorkshire Fire and Rescue (01226) 282222

Misuse of Fireworks and Under Age Sales
South Yorkshire Police 01142 202020

Booklets and videos
HSE Books-HS(G) 123 Working together on firework displays
HS(G) 124 Giving your own firework display
ROSPA- Fact sheets
Video Display safe with fireworks

Other web sites
The Department for Trade and Industry

Frequently Asked Questions

Q. What fireworks can I sell/buy?

A. Only fireworks that comply with British Standard 7114 and that are marked accordingly can be sold in the United Kingdom. It is an offence to sell fireworks not approved under this standard.

BS 7114 lists 4 categories of firework- 1,2,3 and 4. Categories 1, 2 and 3 may be sold to the general public. Category 4 MUST only be sold and used by professionals.

Category 1: includes such items as Indoor Fireworks

Category 2: Garden Fireworks require spectator distances of a minimum of 5 m

Category 3: Display Fireworks are larger fireworks that require spectator distances of a minimum of 25m (these may not be suitable for use in gardens)

Category 4: are for specialist use only. They must not be sold to anyone who has not received the appropriate training. Retailers must make sure that any person buying category 4 fireworks is competent to use them. They must ask for proof of this. Accepting word of mouth is not sufficient.

Some types of firework must not be sold to the public.

Q. What must not be sold to the public?

A. The following fireworks or types of firework must not be sold to the public

Category 4 fireworks - these are display fireworks for use by professionals and must only be supplied to people who can show they have received the necessary training to use them.

All Bangers - this includes batteries that contain bangers such as Chinese Crackers
Air Bombs, Aerial Shells, Maroons, Shells in Mortars and Maroons in Mortars
Mini Rockets
Fireworks that have an erratic flight such as ground spinners, jumping crackers and squibs
Some fireworks that fall into Categories 2 and 3 but which are over the size specified in the Fireworks Safety Regulations 1977

In addition you should not split retail boxes, sell fireworks that do not have the appropriate markings - warnings and information for use - or fireworks marked not to be sold to the public.

The 2004 Regulations introduce a requirement relating to "excessively loud category 3 fireworks" as follows "no fireworks that produce a sound pressure level greater than 120 decibels (dB(A)) when tested in accordance with the approved method , may be supplied or offered for sale"

Q. When can fireworks be sold?

A. From the 1st January 2005 the 2004 Regulations require retailers of fireworks who wish to sell them on a year round basis to be licensed.

Retailers who are not licensed to sell all year must still register and sales will be restricted to selling fireworks on or between the following dates

November 5th (Bonfire Night) - Sales permitted from October 15th to November 10th
New Year - From December 26th to December 31st
Chinese New Year - Sales permitted four days before up to and including the day of Chinese New Year
Diwali - Sales permitted four days before up to and including Diwali

Q. When can fireworks be set off?

A. The 2004 regulations have introduced a curfew and state that no fireworks may be fired on any day, between the hours of 11.00p.m. (2300 hrs) one evening and 7.00 a.m. (0700) the next morning.

There are some exceptions to this rule. These relate to four "permitted fireworks nights" and allow for extensions. These nights and the extensions are as follows;

November 5th - extended from 11.00pm (2300 hrs) to 12 midnight

New Years Eve (31st December) - Extended from 11.00pm (2300 hrs) to 1.00am (0100 hrs) the following morning

Chinese New Year - Extended from 11.00pm (2300 hrs) to 1.00am (0100 hrs) the following morning

Diwali - Extended from 11.00pm (2300 hrs) to 1.00am (0100 hrs) the following morning

Q. How do I know what to buy?

A. It is important to be able to recognise what is legal to buy or sell. These are the indications you should look for on any firework, primary packaging or selection box of firework before buying it or offering it for supply.

Category 1 - shall be marked with the phrase FIREWORKS SUITABLE FOR INDOOR USE. All primary packages or selection boxes should have the same markings. Boxes that contain "throw down" fireworks are not suitable for use indoors.

Category 2 (except sparklers) -Shall be marked GARDEN FIREWORK. This marking will only appear on boxes containing category 2 fireworks or selections containing category 1 and 2 fireworks.

Category 3 (except sparklers) - Shall be marked DISPLAY FIREWORK. All primary packaging and selection packs will have this marking even if they contain category 1 and 2 fireworks.

CATEGORY 4 FIREWORKS MUST NOT BE SOLD TO THE PUBLIC

The label should also have:

Warnings
A description of the type/effect e.g. Roman Candle, emits stars and bangs.
Instructions for use
The manufacturer's name and address and reference to the British Standard 7114.

Q. How can I ensure a successful, safe display?

A. Being able to buy fireworks that meet BS7114 requirements is only the start of it. Once people have bought their fireworks they need to display them safely either by hiring a trained person, getting trained themselves or finding information on how to display safely.

The Health and Safety Section of Regulatory Services (EH&TS) enforce the Health and Safety at Work Act in respect of public bonfires and displays at such premises as pubs and clubs, but wherever they are used we want them to be used safely. Regulatory Services have prepared a free booklet - Guidance on Organised Fireworks Displays and Bonfires.

The booklet contains guidance on the arrangements and organisation of events, setting off fireworks and who to notify to minimise the risk of incident or complaint. It also provides organisers with a checklist to remind them of the important things to consider when organising events and a suggested layout for the display area. Organisers can also register their display and ask for advice on display safety. There is no charge for registration or advice visits

The important points to consider are:

Selection of a suitable site
Putting suitable people in charge of the event and to take control in an emergency
Only using safe fireworks (BS7114), letting off and disposing of spent or failed fireworks safely
Lighting the bonfire safely, supervising it, extinguishing it and not burning items that give off harmful/toxic fumes
To obtain a copy of this free booklet contact Regulatory Services Health and Safety Team on 01226 773860/1 or see the related links

Follow the Fireworks Safety Code