Fireworks

Firework licences

SYFR contact details – Fireworks Storage – 0114 253 2923

This is Important Information for Fireworks License Holders and any person who may apply to South Yorkshire Fire & Rescue to store fireworks for sale in 2016/2017

The following information relates to legislative changes introduced by the Pyrotechnic Articles (Safety) Regulations 2010 and now required by the Pyrotechnic Articles (Safety) Regulations 2015.

The Pyrotechnic Articles (Safety) Regulations 2015 require that from the 5 July 2017 all consumer fireworks sold in the UK must comply with Part 2 of those Regulations.

Part 2 outlines the legal obligations of economic operators, retailers etc,.

The Pyrotechnic Articles (Safety) Regulations 2015 specify those fireworks which may be supplied to the general public. These are listed as Category F1, F2 and F3 fireworks.

Only fireworks that comply with European safety standards that carry a CE mark and are correctly labelled, with details of the manufacturer and importer, can legally be supplied to consumers after the 5 July 2017.

Please be advised that if you are currently stocking retail fireworks that do not bear the required CE mark and are instead labelled under BS7114: Part 2 they will need to be sold or returned to your supplier before 5 July 2017. After this date it becomes an offence to sell these fireworks and you will be required to dispose of them at your own expense.

As the legislation currently stands, after 5 July 2017 fireworks that are marked as complying with BS7114: Part 2 can no longer be supplied to the public.

Please take this into consideration when purchasing any new stock this season. If in doubt please speak to your supplier.

The Legal Storage of Fireworks

As an Explosives Licensing Authority, South Yorkshire Fire and Rescue (SYFR) is informing applicants who wish to store pyrotechnic articles of the current legal requirements and how these affect them, as potential duty holders of a fireworks storage licence.

The Explosives Regulations 2014 (ER14) came into force on 1 October 2014. ER14 brings together the requirements of health and safety related explosives legislation into a framework based around common topics and merges registrations into the licensing system. As a result of the consolidation the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005 (L139) was withdrawn from use on the 1 October 2014.

If you already have a fireworks storage licence and are renewing it please note that if there are no changes to the storage arrangements, which were agreed at the time if issuing the licence, then there are no requirements to re submit plans to the licencing authority.

It is important to note that this Authority requires 28 days notice to supply a fireworks storage licence from the date of application.

The Explosives Regulations 2014

ER14 will be supported by a suite of overarching and subsector guidance produced by the Health & Safety Executive (HSE) for retailers who wish to store fireworks.  The overarching guidance consists of two main documents:

L150 on the Safety of explosives storage

L151 on the Security of explosives

There is also guidance which provides details information that has been tailored for that subsector rather than being generally applicable across the whole explosives sector.

Fireworks in retail premises

Wholesale storage of fireworks

Pyrotechnic articles in retail and commercial premises

These and related guidance including specific guidance for retailers can be found at:  http://www.hse.gov.uk/explosives/new-regs-subsector.htm

The above site also contains links to a list of Frequentley Asked Questions (FAQs) relating to the storage of fireworks and provides further information and links to other organisations who may provide the information or guidance you are seeking.

If you intend to store fireworks you will need a licence issued by this Authority.

This Authority will issue a licence if you plan to store between 5Kg and 2,000Kg Net Explosive Content (NEC) of hazard type 3 or 4 fireworks. Kgnec is the weight of the firework expressed only in the Net Explosive Content of that firework or container of fireworks.

There are four hazard types, (HT),  of explosives – HT1 is the most hazardous and HT4 is the least hazardous. The majority of retail fireworks are classed as hazard type HT4. The hazard type of an explosive will be listed on manufacturer’s or supplier’s information. If you plan to store any amount of HT3 fireworks all the fireworks stored will normally default to the hazard type 3 storage amounts.

Intending to store more than 2,000kg NEC of explosives

You must apply for a licence from the Health and Safety Executive if you:

• store more than 2,000kg of explosives, or
• store explosives at mines

Application Form

Use the following link to obtain the new SYFRA pyrotechnic articles application/renewal form: Fireworks Storage – application and renewal form

If you are licensing for the first time you will also require to be aware of the following storage licensing conditions – SYFR Conditions of Licence for the storage of fireworks

Risk Assessment

If you intend to store fireworks you must fully complete a risk assessment including areas for the storage of fireworks, which are classed as a dangerous substance, see next paragraph.

You may also find the following SYFR link useful containing a risk assessment document you may wish to use:

SYFR Retailers Risk Assessment Document for the Storage of Fireworks

and

Retailers’ Risk Assessment Checklist

Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) – Risk Assessment

If you intend to store fireworks you will be required to complete a risk assessment based on DSEAR. Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion.

If you intend to store fireworks you must :

  • find out what dangerous substances are in the workplace and what the risks are
  • put control measures in place to either remove those risks or, where this is not possible, control them
  • put controls in place to reduce the effects of any incidents involving dangerous substances, in this case fireworks
  • prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances
  • make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances

Further information on completing a DSEAR risk assessment can be found here.

General Guidance relating to the storage of fireworks

Ensure the safety of yourself and others by following this safety advice and always plan to store firworks safely and in accordance with the law. A failure to comply with the ER14 can result in prosecution.

  • Carry out a risk assessment based specifically at the arrangements for the storage of fireworks as dangerous substances
  • Don’t store fireworks in passageways or corridors, adjacent to exits or under the stairs. Keep these areas clear and unobstructed at all times
  • Provide sufficient water extinguishers, buckets of water or sand and site them appropriately
  • Make sure your staff are aware of what to do in case of fire, e.g. how to call the Fire and Rescue, evacuate people immediately, etc
  • Keep a wet cloth handy to mop up any spillage from fireworks whilst they are being handled

Remember that it is an offence to:

  • Sell fireworks to persons apparently under the age of 18
  • Supply category 4 (large display) fireworks to inexperienced or untrained members of the public

The general public should only be offered fireworks that comply with British Standard BS 7114: part 2 1988 or the Pyrotechnics Safety Articles Regulations 2010 and 2015.

Storage Fees

For the appropriate fees, please see The Health and Safety and Nuclear (Fees) Regulations 2016. Please see the quick reference list at the bottom of this page.

Applying for a licence to sell fireworks at any time throughout the year:

Fireworks can normally only be sold at certain limited times of the year based on the issue of the Storage Licence.

If as a retailer you wish to sell fireworks outside these dates you must apply for a

“licence to supply/expose for supply adult fireworks”

This is an all  year supply licence under the Fireworks Regulations 2004 which can be obtained from South Yorkshire Fire & Rescue. The annual fee is £500. To obtain an application form please email khinchliffe@syfire.gov.uk or call 0114 253 2923.

In addition to the Licence to Supply, applicants must at the same time be in possession of the full storage licence under ER14, to store fireworks (storage application form above).

Contact details: Fireworks enquiries should be directed to 0114 253 2923 or email khinchliffe@syfire.gov.uk

Health & Safety & Nuclear Fees Regulations 2016
Extract relating to Fireworks Storage

Explosives Licensing less than 250 Kgnec:

Licence <250Kgnec:    1 year -£109, 2 years – £141, 3 years – £173, 4 years – £206, 5 years – £238
Renewal <250Kgnec:  1 year – £54, 2 years – £86, 3 years – £120, 4 years – £152, 5 years – £185

*Variation of licence £36
*Transfer of licence £36

Explosives Licensing more than 250 Kgnec:

Licence >250Kgnec:    1 year – £185, 2 years – £243, 3 years – £304, 4 years – £374, 5 years – £423
Renewal >250Kgnec:   1 year – £86, 2 years – £147, 3 years – £206, 4 years – £266, 5 years – £326

*Variation of licence £36
*Transfer of licence £36

Regulation 16(a) Varying a licence or address of the site £36

Regulation 16(b) Any other variation – cost to reflect a reasonable cost to the licencing authority

Regulation 17 Transfer or replacement of licence £36

This content was last updated on December 12th, 2016