PART V.

Manufacture, Storage, Transportation, Sale and Use of Fireworks. CHAPTER 1.-MANUFACTURE AND STORAGE OF FIREWORKS AT FACTORIES.

§ 1. For the purpose of these regulations the following substances and articles are understood to be meant by the term Fireworks:

Any substance or composition of substances prepared for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, explosion or detonation; any fireworks composition or signal composition preparation manufactured for use or used in obtaining visible or audible pyrotechnic effect by combustion, deflagration or detonation. Fireworks and signals are meant to include any combustible or explosive compound which is combined with a case, container or holder for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, deflagration or detonation.

§ 2. No person, firm or corporation, except as herein elsewhere specified, and after procuring a license therefor, as herein provided, shall, within the corporate limits of the City, manufacture any fireworks composition, signal composition, fireworks or signals.

§3. Licenses and permits for the manufacture of fireworks will be issued only after a survey made upon written application to the 'Fire Commissioner. Said application shall be in duplicate; shall include a plan, in duplicate, of the proposed manufactory, drawn to a scale of an eighth of an inch to the foot, showing the several buildings, and having those buildings which will contain explosive substances and are dangerous marked "dangerous"; shall describe the premises where the manufacture is to be carried on; state the distance from adjoining buildings, streets and public places; statę the nature and use of adjoining buildings; specify place and manner of keeping raw material; state manner and place of storage of the finished product, together with the quantities of explosives or highly combustible substances; and shall give such other information as may be called for. The Fire Commissioner shall have a survey made of such premises, and if the product of the manufacturer is allowed by law to be sold or used, and if said manufacture and storage can be carried on under the condition of said application, or can be amended so as, in the opinion of the Fire Commissioner, not to unduly endanger the public safety, a license and permit may be issued.

§ 4. No permit shall be issued to fireworks manufacturers for the manufacture of nitroglycerine, guncotton, gunpowder, blasting powder, high explosives or small arms ammunition. Upon any deviation from the conditions of the application or from the terms of the permit, the Fire Commissioner may revoke the license and permit.

§ 5. No permit will be granted for the manufacture of fireworks or other explosive and combustible compositions or articles in the Borough of Manhattan, Borough of The Bronx, and only upon premises in the Boroughs of Brooklyn, Richmond, and Queens where the following conditions as to safety limits can be met.

§ 6. All places where the manufacture of fireworks is carried on

must have at least three fire hydrants placed in different parts of the yard or premises, with sufficient hose attached at all times to reach any part of the buildings where the manufacture or storage is carried on; there shall be within 50 feet of each building at least twenty gallons of water in buckets fit and ready for use.

§ 7. In the fabrication of fireworks the following distances from buildings not controlled by the licensee shall be observed: In case of storage of an amount not in excess of twenty-five pounds of powder or other explosive material, 100 feet; exceeding twenty-five pounds and not more than one hundred pounds of powder or other explosive material, 300 feet; over one hundred pounds and not exceeding 500 pounds, 700 feet; over five hundred pounds and not more than one thousand five hundred pounds, 1,000 feet; and in no event shall permit for storage in excess of one thousand five hundred pounds be issued. But this provision shall not apply to finished or partly finished fireworks in storehouses.

§ 8. Previous to the issue of licenses as herein prescribed, applicants shall furnish and file with the Fire Commissioner a bond in the penal sum of five thousand dollars, approved as to sufficiency by the Comptroller, conditioned for the payment of any loss, damage, or injury resulting to persons or property by reason of the manufacture of such fireworks. Nothing herein contained shall impair or otherwise affect any existing contract or arrangement between the manufacturers or vendors of fireworks in regard to the liability of such manufacturers or vendors and their employees, as to the liability as between such employers and employees, nor shall this provision prohibit such employers and employees from entering into such contract or arrangement as to liability between themselves as they may have made or may hereafter make one with the other.

§ 9. The manufacture of railroad, ship, or signal lights and rockets shall be governed by the same rules and laws governing the manufacture of fireworks.

§ 10. A competent watchman must be on guard at all times excepting when the works are in active operation.

11. All factories must be supplied with some means of communication with the Fire Department, such as telephone or alarm boxes, so that instant notice may be given in case of fire.

§ 12.

The manufacture of the following goods is prohibited within the City:

Colored or tableau fire containing sulphur and chlorate of potash in admixture.

Railroad track torpedoes.

Photographers' flash light.

Picrate of potash.
Fireworks whistles.

Explosive marbles.

Firecrackers made of any other mixture than black powder composed of sulphur, saltpetre, and charcoal compositions.

Torpedoes larger than three-fourths of an inch in diameter.

§ 13. The packing or storage of torpedoes in paper or cardboard shipping packages is prohibited; nor will manufacturers be permitted to store packages or cases containing more than one thousand

pieces of toy torpedoes, except what is known to the trade as "penny" or smallest size torpedoes.

13a. Roman candles must be packed with the stems all pointing in one direction, and the label must be affixed to packages on the end opposite the stems.

New section, approved by the Mayor, July 19, 1904.

§ 14. The manufacture of any composition that is used for detonating purposes, primers, or electric fuses, or any composition that is used to obtain effect by combustion, explosion, or detonation in cannon machines or rapid fire guns, in military or naval guns, shells, torpedoes or war rockets, is prohibited.

§ 15. No license for the manufacture of fireworks within the City shall be issued unless said fabrication is to be carried on in charge of a practical pyrotechnist of at least ten years' experience as a manager or superintendent or workman in a fireworks factory in this country, and holding a certificate of fitness issued by the Fire Commissioner. The said manager or practical pyrotechnist must pass an examination before the Fire Commissioner as to his fitness to conduct properly a factory of this character, and upon receiving said certificate, and not until then, he can conduct a place where the manufacture of fireworks is carried on.

$ 16. The Fire Commissioner may, in his discretion, withdraw or suspend the certificate of fitness issued to a manager or superintendent, for violation of these regulations, or carelessness in conducting the operations under his charge.

17. The license fee for the manufacturer of fireworks shall be $100. The license fee for the manufacturer of paper caps and toy torpedoes shall be $20; and the license fee for the manufacturer of signals shall be $20.

CHAPTER 2.-STORAGE AND SALE OF FIREWORKS AT WHOLESALE.

§ 18. No person, firm, or corporation except as hereinafter specified, and after procuring a license and permit therefor, as herein provided, shall, within the corporate limits of the city, store or keep any fireworks or compounds containing an explosive mixture or any composition that is manufactured for use or is used as a combustible, explosive, or detonating composition.

§ 19. Previous to the issue of licenses for sale of fireworks at wholesale and transportation of same through the city, applicants shall furnish and file with the Fire Commissioner a bond, approved as to sufficiency by the Comptroller, in the penal sum of $5,000, conditioned for the payment of any loss, damage, or injury resulting to persons or property by reason of the storing or handling of such fireworks. Manufacturers of fireworks, and pyrotechnists, who have filed bonds under the provisions of sections 8 and 57 of this part of these regulations, shall not be required to file an additional bond under the provisions of this section.

§ 20. Permits will be issued after a survey made upon written application to the Fire Commissioner. Applications shall describe the premises where the storage and sale is to be carried on.

§ 21. No permits for wholesaling will be granted where any part

of the premises is occupied for dwelling purposes.

§ 22. No wholesale permits will be granted for the storage or

sale of fireworks at any building or premises where any of the following kinds of business is carried on:

(a) Where cigars or cigarettes are kept for sale.

(b) Where paints, oils or varnishes are manufactured or kept for use or sale.

(c) Where dry goods of any kind, or other light materials of a combustible nature, excepting flags, paper lanterns, paper balloons, or decorations are kept for sale.

(d) In carpenter shops or drug stores; in buildings where hemp, oil or any other product of petroleum is sold; or in any building where gunpowder, blasting powder or other explosives are sold.

(e) Where matches, rosin, turpentine, hemp or cotton are stored or kept for sale.

§ 23. No permit will be issued for sales in any frame or wooden buildings in the Boroughs of Manhattan and Brooklyn.

§ 24 Permits may be issued at the discretion of the Fire Commissioner for frame or wooden buildings wherever, in the Boroughs of The Bronx, Richmond and Queens, the erection of frame buildings is permitted by law.

25. All parties to whom permits are issued shall place and keep in convenient parts of the premises at least thirty-two gallons of water in buckets, fit and ready for use in case of fire.

§ 26. All premises for which such permits are issued must be lighted by gas or electricity, and all lights must be protected with glass or wire globes or screens.

§ 27. The person or persons to whom such permit or permits are issued must sign an agreement that they will not permit smoking, nor use for illuminating purposes anything other than gas or electricity, nor expose for sale any fireworks outside the stores of such buildings or in any door or window.

§ 28. During that portion of the year from July 10 to June 10 following, all fireworks except fire and cannon crackers, torpedoes and paper caps shall be kept in such place or places as may be designated by the Fire Commissioner. Fireworks, not including the articles above excepted, packed and ready for shipment in original unbroken packages to the value of one thousand dollars, may, when special permit is granted by the Fire Commissioner, be stored in such places in building as designated by the said Fire Commissioner.

§ 29. The storage in a portion of the premises approved by the Fire Commissioner of not to exceed five hundred boxes, each size and kind of fire and cannon crackers containing, sulphur, saltpetre and charcoal (excepting small Chinese firecrackers, of which 3,000 boxes shall be permitted), five hundred cases each size and kind of toy torpedoes, and two hundred cases each size and kind of toy paper caps, is permitted.

830. From June 10 to July 10 in each year, in addition to the foregoing, five hundred dollars worth of fireworks, not including the articles above excepted, may be kept in such portions of the building as may be approved by the Fire Commissioner.

§ 31. An annual fee of twenty dollars will be charged for each wholesale permit.

§ 31a. Every licensed manufacturer and wholesale dealer in fireworks, in signals, in paper caps or in torpedoes, whose place of

business is located without the City, shall render to the Fire Commissioner each week a statement verified as to its correctness by an affidavit covering sales and deliveries of fireworks, signals, paper caps and torpedoes for the preceding week within the City.

Every manufacturer of caps and torpedoes within the City shall render to the Fire Commissioner each week a statement verified as to its correctness by an affidavit covering sales and deliveries of paper caps and torpedoes for the preceding week within the City. Such report shall be in detail as follows:

(a) Date of delivery. (b) Name of buyer.

(c) Where delivered.

(d) Quantity and kind of goods delivered.

New section approved by the Mayor, June 23, 1904.

32. The sale and storage of the following goods is prohibited: Firecrackers containing chlorate of potash; fireworks containing picrates; tableau fire containing chlorate of potash and sulphur combined; tablets or compositions containing chlorate of potash; bombardments made of chlorate mixture, and American mandarins. § 33. All fireworks in the City must have on each package the name or brand of a licensee.

34. No fireworks or firecrackers, torpedoes, paper caps or goods of an explosive or combustible nature can be sold or stored without the official label or stamp required by section 33. This does not apply to imported Chinese firecrackers.

§ 35. Smoking must not be permitted in any premises where fireworks are sold.

§ 36. From the 10th of June to the 10th of July, inclusive, during the whole of business hours, a competent person in distinctive uniform must be kept in front of buildings where permits have been issued to store fireworks to the aggregate value of two hundred dollars or more, his duty to be to prevent persons entering such premises with lighted cigars, cigarettes or pipes, and to take such other precautions against fire as may be necessary.

§ 38. The Fire Commissioner may revoke licenses or permits when, in his judgment, it is necessary to do so to protect public safety.

CHAPTER 3.-STORAGE OF FIRECRACKERS IN BONDED AND FREE WAREHOUSES.

§ 39. All persons doing a general storage and warehouse business within the corporate limits of the City, before they can accept any firecrackers on storage, must secure a permit from the Fire Commissioner, who, after a survey, will issue same, if, in his opinion, the public safety is not endangered. The fee for said permit shall be ten dollars.

§ 40. The storage of chlorate of potash crackers or any firecrackers made from any composition other than sulphur, saltpetre and charcoal mixture is prohibited.

CHAPTER 4.-STORAGE AND SALE OF FIREWORKS AT RETAIL.

41. Applications for permits for sale of fireworks at retail ast be made in writing to the Fire Commissioner prior to the 20th