1. Our organization conducts ceremonies honoring military veterans and fires off blank rifle and cannon salutes using blank black powder cartridges and bags. We understand that the New York City Fire Code requires a permit for the storage, handling and use of explosives for any “special effect.” What requirements would apply to the use of blank cartridges for outdoor rifle or cannon salutes?
The storage, handling and use of explosives, including black powder and small arms ammunition, is strictly regulated by the Fire Code because of the life and fire safety hazards its presents. Detailed requirements for explosives are set forth in FC Chapter 33, and FC105.6 requires that a permit be obtained for the storage, handling and use of explosives. FC Chapter 33 also regulates “special effects” that utilize explosives, pyrotechnic materials or other hazardous materials.
However, FC Chapter 33 primarily focuses on blasting operations and fireworks displays, and on special effects conducted indoors, in close proximity to performers or the audience. The Fire Department has concluded that these requirements do not adequately address the use of blank cartridges for outdoor rifle or cannon salutes or similar activities uses, such as the use of starter pistols or cannon at athletic or boating events.
Accordingly, the Fire Department has determined, pursuant to its authority under FC105.3.8, to adopt the following interim guidelines, pending amendment of the Fire Code and/or adoption of a Fire Department rule:
Firing of Blank Pistol and Rifle Cartridges and Blank Shotgun Shells
The Fire Department will issue a citywide permit authorizing the firing of blank pistol or rifle cartridges or blank shotgun shells (“firing”) at any lawful location in New York City.
Application for such citywide permit shall be made by letter or on such other form specified by the Department, demonstrating compliance with the following requirements and subject to the following terms and conditions:
1. Event description. The application must specify the date(s), time(s), location(s) and event(s) at which the firing will be conducted. If not known at time of application, the Department may require notification of the Fire Department’s Explosives Unit two business days prior to each firing.
2. Lawful activities only. The firing must be in conjunction with a lawful event or activity. 3. Limit on blanks discharged. The firing is limited at each event to no more than a
combined total of fifty (50) blank pistol and rifle cartridges and blank shotgun shells. (A site-specific Fire Department permit shall be obtained for any event in which more than this amount of blank cartridges or shells is to be fired.)
4. Outdoor firing only. The firing must be conducted outdoors. (A site-specific Fire Department special effects permit shall be obtained for any event involving indoor firing of blank cartridges or shells.)
5. Storage of blanks. Except for temporary storage of blanks incidental to a firing (see below), blanks and other explosives must be stored in New York City in accordance with FC Chapter 33,and a separate, site-specific Fire Department permit obtained for storage of amounts requiring a permit.
6. Conduct of firing
(a) No live ammunition or other projectiles. No live ammunition or other projectiles, or other matter, shall be fired from the barrel of the pistol, rifle or shotgun. (A site- specific Fire Department special effects permit shall be obtained for any event involving the firing of projectiles or other matter.)
(b) Temporary storage of blanks. The temporary storage of blanks at the event or activity shall be under the continuous supervision of a trained and knowledgeable person who shall ensure that the blanks are constantly monitored. At all times when not in use, blanks shall be kept in a metal ammunition box.
(c) Supervision of firing. Each firing shall be conducted under the continuous supervision of a trained and knowledgeable person who shall be personally present during the firing.
(d) Safety zone. A safety zone of not less than 15 feet (or such other distance as may be specified by the Fire Department) shall be maintained around the temporary storage area and the firing area. There shall be no smoking in the safety zone, and only authorized personnel shall be allowed to enter the safety zone. The safety zone shall be searched at the conclusion of the firing to be sure no blanks have been left behind. (e) Fire extinguishers. At least one portable fire extinguisher, which shall be readily
available for use, shall be provided within the safety zone when firing blank pistol or rifle cartridges.
7. Fire Department inspections. The Fire Department reserves the right to inspect the storage and firing areas and monitor the firing. Fire Department representatives shall be granted access to such areas.
8. Permit fee. Payment of an annual citywide permit fee of $52.50 must be received at time of application.
9. Compliance with other requirements. The citywide permit shall not relieve the applicant of complying with any and all other Fire Code and Fire Department rule requirements applicable to the event or activity.
Firing of Blank Cannon Black Powder Cartridges and Bags
The Fire Department will issue a site-specific permit authorizing the firing of blank cannon black powder cartridges and bags (“cannon firing”) at any lawful location in New York City.
Application for such site-specific permit shall be made by letter or on such other form specified by the Department, demonstrating compliance with the following requirements and subject to the following terms and conditions:
1. Event description. The application must specify the date, time, location and event at which the cannon firing will be conducted.
2. Lawful activities only. The cannon firing must be in conjunction with a lawful event or activity.
3. Size of cannon. Cannon size is limited to standard salute cannon with a barrel not exceeding five (5) inches in diameter. No larger cannon and no other type of firing device shall be used except as may be approved by the Fire Department for good cause shown. 4. Limit on blanks discharged. The cannon firing is limited at each event to no more than a
total of fifty (50) blank cannon black powder cartridges and bags except as may be approved by the Fire Department based on the size and duration of the event or other good cause shown.
5. Outdoor firing only. The cannon firing must be conducted outdoors. (A Fire Department special effects permit shall be obtained for any event involving any indoor cannon firing.) 6. Storage of blanks. Except for temporary storage of blanks incidental to a firing (see
below), blank black powder cartridges and bags and other explosives must be stored in New York City in accordance with FC Chapter 33,and a separate, site-specific Fire Department permit obtained for storage of amounts requiring a permit.
7. Conduct of cannon firing
(a) No live ammunition or other projectiles. No live ammunition or other projectiles, or other matter, shall be fired from the barrel of the cannon.
(b) Temporary storage of blanks. The temporary storage of blanks at the event or activity shall be under the continuous supervision of a trained and knowledgeable person who shall ensure that the blanks are constantly monitored. At all times when not in use, blanks shall be kept in a metal ammunition box.
(c) Supervision of firing. Each cannon firing shall be conducted under the continuous supervision of a trained and knowledgeable person who shall be personally present during the firing.
(d) Safety zone. A safety zone of not less than 100 feet (or such other distance as may be specified by the Fire Department) shall be maintained around the temporary storage area and the cannon firing area. There shall be no smoking in the safety zone, and only authorized personnel shall be allowed to enter the safety zone. The safety zone shall be searched at the conclusion of the cannon firing to be sure no blanks have been left behind.
(e) Fire extinguishers. At least two portable fire extinguishers, which shall be readily available for use, shall be provided within the safety zone when firing blank cannon cartridges or bags.
8. Fire Department inspections. The Fire Department reserves the right to inspect the storage and cannon firing areas and monitor the cannon firing. Fire Department representatives shall be granted access to such areas.
9. Permit fee. Payment of an annual site-specific permit fee of $105 must be received at time of application.
10. Compliance with other requirements. The site-specific permit shall not relieve the applicant of complying with any and all other Fire Code and Fire Department rule requirements applicable to the event or activity.