fuses shall all point in the same direction, and the label shall be attached to the end of the package opposite the fuse. 4. Restrictions. No person shall manufacture within the city of New York any of the following articles: (a) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high explosive; (b) Fireworks containing chlorate and sulphur in admixture; (c) Railroad track torpedoes; (d) Flashlight compositions; (i) Fireworks with match-head or self-lighting ends, except ship signals; (j) Fireworks containing red or white phosphorus; (k) Compounds used for detonating purposes; primers, or electrical fuses, or any composition used to obtain audible or visible effects by combustion, explosion or detonation in cannon, machine or rapid-fire guns; shells, torpedoes or war rockets. 5. Supervision. All premises where fireworks are manufactured shall, while in operation, be continuously under the charge and supervision of one or more persons, each holding a certificate of fitness as a superintendent or manager of a fireworks factory. § 91. Signal lights.—The manufacture of railroad and ship signal lights, signal compositions, and rockets shall be governed by the same regulations as govern the manufacture of fireworks. § 92. Storage, sale and transportation. 1. Certificate of registration. No person shall transport, store or sell fireworks unless a certificate of registration of the name of the manufacturer thereof shall have been issued; provided, however, that certificates of registration shall not be required for fireworks manufactured under a permit issued in conformity with § 60 of this article. 2. Permit. No person shall store or sell fireworks without a permit. 3. Restrictions. No permit under this section shall be issued for any premises (a) Which are occupied as a tenement house, school, workshop, factory, theatre or other place of public amusement or assembly; (b) Which are not equipped with an approved system of automatic sprinklers; (c) Which are of wooden construction; (d) Which are artificially lighted by any means other than electricity; (e) Where cigars, cigarettes or tobaccos are kept for sale; (f) Where paints, oils, varnishes, lacquers or inflammable liquids are manufactured, stored or kept for sale; (g) Where drygoods or other materials of a highly inflammable nature are manufactured, stored or sold; (h) Where matches, rosin, turpentine, petroleum or any liquid product thereof, hemp, or explosives are manufactured, stored or kept for sale. 4. Extinguishers. All holders of permits under this section shall keep on the premises covered by the permit, in a convenient location, at least 6 10-quart buckets of water and 6 10-quart buckets of sand, fit and ready for use in case of fire. (Amend. Aug. 8, 1916.) 5. Firecrackers. A permit may be issued to a person doing a general storage or warehouse business for the storage, in a duly authorized warehouse, of firecrackers composed only of sulphur, saltpeter and charcoal mixtures, and the quantity of firecrackers to be so stored shall in each case be stated in the permit. 6. Local transportation. No person shall carry or transport through the streets fireworks exceeding in wholesale market value the sum of $10, unless they are securely packed in spark-proof wooden or metal packages having plainly marked on the outside thereof in large legible letters the words FIREWORKS-EXPLOSIVE, but under no circumstances shall any person carry or transport fireworks in a tunnel or subway under the streets, lands or waters of the city, to which the public has access. 7. Manufacturer's mark. All fireworks stored or sold, except imported Chinese firecrackers, shall bear the name of the manufacturer plainly marked upon the outside of each package and shipping case. 8. Quantities limited. No permit shall be issued for the storage and sale of fireworks in any building to an amount in excess of $1,500, wholesale market value. 9. Street sales. No person shall sell or exhibit for sale any fireworks on sidewalks, streets, parks, squares, bulkheads, piers or other public places. 10. Window displays. No person shall keep, store or exhibit fire works in the windows or doors of the premises covered by a permit for the storage and sale thereof. § 93. Prohibited types. 1. Storage, transportation or sale.-No person shall store, transport or sell within the City of New York any of the following articles: (a) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high explosive; (b) Fireworks containing sulphur and chlorate in admixture; (c) Bombardments or mandarins made of chlorate mixtures; (d) Canes with chlorate mixtures; (e) Cartridge exploders; (f) Fireworks known as cannon salutes; (g) Fireworks with match-head or self-lighting ends, except ship signals; (h) Fireworks containing red or white phosphorous; (i) Explosive marbles; (j) Compositions used for detonating purposes. 2. Discharge or use. No person shall use or discharge any of the following articles: (a) Rockets or aerial salutes of any kind; (b) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high explosive; (c) Firecrackers longer than five inches or larger than threefourths of an inch in diameter; (d) Fireworks containing sulphur and chlorate in admixture; (e) Bombardments or mandarins made of chlorate mixtures; (f) Bombs and shells; All fireworks known as cannon salutes; Fireworks technically known as flying pigeons, flying devils, whirlwinds, wheat sheaves and gatling batteries; (i) Fireworks containing red or white phosphorus; (j) Fireworks with match heads or self-lighting ends; (k) Balloons carrying a lighted substance; (1) Cartridges of any kind, except as provided in Article V; (m) Explosive marbles; (n) Compositions used for detonating purposes, except as provided for in Article IV. § 94. Prohibited, except for export.-No person shall store, sell or transport, except for delivery beyond the city limits, any of the following articles: (a) Rockets or aerial salutes; (b) Firecrackers longer than 5 inches or larger than 3/4 of an inch in diameter; (c) Bombs and shells; (d) Fireworks technically known as flying pigeons, flying devils, whirlwinds, wheat sheaves, gatling batteries, and similar articles; (e) Fireworks containing red or white phosphorus; (f) Balloons which are to be operated by a lighted substance. $95. Discharge of fireworks. 1. Permit. No person shall use or discharge any fireworks within the city without a permit. 2. July 4th exemption. No permit shall be required for the use and discharge of fireworks during a period of 24 hours covering the holiday known as the "Fourth of July," where the quantity discharged does not exceed in wholesale market value the sum of $2. 3. Police notification. All permits for the use and discharge of fireworks shall be issued in duplicate, and shall show the name of the holder of the permit, the names of his employees (if any) who are to discharge the fireworks and the numbers of their certificates of fitness (when required); the place and time of display; the quantity, kind and wholesale market value of the fireworks to be discharged, and the distance to be preserved between the place of discharge and the bystanders and nearby buildings. One of the duplicate permits shall be filed with the commanding officer of the police precinct within which the display is to be given, and shall be evidence of the right of the person named therein to give the display. 4. Postponement of display. In case it shall be impracticable to make the display at the time authorized in the permit, the fire commissioner may authorize such display at another time, by certification on the permit, and without exacting another fee therefor. 5. Restrictions. No person shall discharge fireworks: (a) In or upon any street which is less than 80 feet in width between the building lines; (b) Within a radius of 1,000 feet of any hospital. 6. Displays inside theatres and other buildings. No person shall display any fireworks, flashlights, colored fire, or open lights, upon the stage of any theatre or other place of public amusement or assembly without a permit. (As amend.) 7. Supervision. No person shall use or discharge fireworks exceeding in wholesale market value the sum of $10 without having obtained from the fire commissioner a certificate of fitness as a pyrotechnist. Former § 531 of the C. O. is now replaced by regulations in this chapter. Special ordinances permitting use of fireworks on special occasions are invalid. Landau v. City of N. Y., 180 N. Y. 48. Liability of city for injuries discussed. Melker v. City of N. Y., 190 N. Y. 481. When city is liable for explosion. De Agramonti v. City of Mt. Vernon, 112 App. Div. 291; City of N. Y. v. Hearst, 142 App. Div. 343. When permit to discharge fireworks may be a nuisance. Tripler v. Mayor, 139 N. Y. 1; Speir v. City of Brooklyn, 139 N. Y. 6. § 101. Transportation, storage and sale. Sec. 100. Manufacture. 1. Permit required.-No person shall manufacture any matches without a permit. 2. Conditions. No such permit shall be issued unless the manufacturing is to be carried on in a building used exclusively for that purpose, the walls of which are constructed of brick, stone or other fire resisting material, and artificially lighted by any means other than electricity. $101. Transportation, storage and sale. 1. Permit required.—No person shall transport, store or sell matches without a permit; but no such permit shall be required of a person holding a permit to manufacture matches; nor for the storage and sale in quantities aggregating, at any time, not more than 60 matchman's gross (14,400 matches each gross). 2. Restrictions. No permit shall be issued for the storage or sale of matches within the city in quantities aggregating more than 60 matchman's gross for any premises (a) Which are occupied as a tenement house, dwelling, school, workshop, factory, theatre or other place of public amusement or assembly; (b) Which are of wooden construction; (c) Where paints, oils, varnishes, lacquers, rosin, turpentine, petroleum or any liquid product thereof, hemp, cotton, guncotton, smokeless powder, black powder, blasting powder, fireworks, or any other explosives are manufactured, stored or kept for sale; (d) Which are not provided with such number of fire extinguishers and pails of water as may be required by the fire commissioner. § 102. Approved matches. 1. Certificate of approval.-No person shall transport, store or sell any matches for which a certificate of approval shall not have been issued. The applicant for such certificate shall deposit with the fire commissioner a sample of the matches for which approval is requested, packed in the labeled boxes or containers in which such matches are to be sold, and no such application shall include more than one kind or type of match, but several brands or names of the same kind or type of match may be included and a single certificate of approval therefor be issued. (Amend. May 25, 1915.) 2. Fuzees, wind matches, afterglow. No certificate of approval shall be issued for any match of the type or kind commonly known as "fuzees" or "wind matches," or for a match the stick of which has not been treated to a process of impregnation for the purpose of preventing an afterglow. 3. Mark. No person shall store, transport or sell matches unless the box or container in which they are packed bears plainly marked on the outside thereof the name of the manufacturer, or in the case of matches of foreign manufacture, the name of the importer or agent, and in every case a distinctive brand or mark or name. No person shall place in a box or container marked as prescribed in this subdivision, any matches for which a certificate of approval shall not have been issued. (Amend. May 25, 1915.) 4. Packing. Not more than 1,000 matches shall be placed in a single box or container; and where more than 200 matches are placed in a single box or container they shall be arranged in layers, with the heads of alternate layers pointing in the opposite direction to the heads of the matches in the layer immediately above and below. 5. Serial number. (Repealed, May 25, 1915.) § 103. White phosphorus.-No person shall manufacture, transport, store or sell any matches in the manufacture of which white phosphorus is an ingredient. ARTICLE 8 MINERAL OILS Sec. 110. Refining, distilling or manufacturing. § 111. Storage plants. 112. Limited storage. 113. Transportation and delivery. 114. Volatile inflammable oils. 115. Illuminating oils. 116. Lubricating oils. Sec. 110. Refining, distilling or manufacturing.-Except as otherwise provided, no person shall manufacture, refine or distill petroleum, shale oil or coal tar, or the liquid products thereof, or store, transport or use any of the foregoing without a permit; but no permit shall hereafter be issued for the erection and operation of any new plant of a similar character, except that hydro-carbon materials collected from oil separators may be distilled or refined under a special permit. (Amend. July 16, 1915.) § 111. Storage plants. 1. Permit required.-No person shall maintain or conduct a plant for the storage of petroleum or shale oil, or the liquid products thereof, or of coal tar without a permit. 2. Barges. A special permit may be issued authorizing the storage of petroleum and shale oil, and the liquid products thereof, and of coal tar, in barges of steel or other approved construction, in quantities not to exceed the following: (a) Volatile inflammable oils-If in barrels or drums, 500 barrels of 55 gallons each; if in cans, 5,000 gallons; |