HAZARD
Cherie Berry, Commissioner of Labor
1- 800- 625- 2267 w www. nclabor. com
Firework celebrations are enjoyed by millions of people around
the world. Fireworks displays have become progressively
more complex in an effort to enhance the spectacular nature of
the pyrotechnic effects.
Display fireworks— also known as commercial fireworks, Class
B special fireworks and 1.3G explosives— are pyrotechnic
devices intended for use outdoors where the audience is at a
distance. It typically takes an entire day to set up a professional
fireworks display. The size of these fireworks can range from
2 inches to more than 24 inches in diameter, depending on the
effect and distance from the audience.
On July 4, 2009, fireworks contained inside a rental truck
exploded while the workers prepared for a 40- minute fireworks
display at Ocracoke Island on North Carolina’s Outer Banks,
resulting in the death of four employees and serious burns to a
fifth employee.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives
( ATF) is responsible for the regulation of explosives and has
jurisdiction over the storage and transportation/ security of fireworks.
At the time of the explosion, North Carolina laws did not
require operators to be trained or certified when participating
in pyrotechnic activity.
The N. C. General Assembly enacted the Pyrotechnics Safety
Permitting Act after the explosion to improve pyrotechnic
safety in North Carolina. This law sets established guidelines
for the Office of State Fire Marshal in the N. C. Department of
Insurance to regulate testing and training requirements. These
requirements can be found at N. C. Gen. Stat. 58- 82A, Pyrotechnics
Training and Permitting, and 11 NCAC 05D.
The Office of State Fire Marshal requires that operators
have the permits that it issues. There is a special permit for
assistants who perform shows under the direct supervision of an
operator. In addition, there is a permit required from the county
commissioners as specified in N. C. Gen. Stat. 14- 413. Pyrotechnic
displays are permitted in counties or cities that have passed
ordinances allowing such displays. The local governmental
authority may issue a pyrotechnic display permit to any applicant
who meets requirements.
While there are no specific OSHA standards that address
pyrotechnic procedures, N. C. General Statute 95- 129( 1), commonly
referred to as the General Duty Clause, may be applied for
recognized hazards not covered by a specific standard. The N. C.
Department of Labor issued citations to the company involved in
the 2009 fatal fireworks explosion. The formal settlement agreement
approved by the N. C. Occupational Safety and Health Review
Commission listed seven serious violations— including five
General Duty Clause violations— and two non- serious violations.
The company paid a total penalty of $ 42,000.
Guidance on proper handling of fireworks is available from
the American Pyrotechnics Association’s Display Fireworks
Training Program and the National Fire Protection Association’s
Code for Fireworks Display ( NFPA 1123). Additional guidance
is available on a number of related subjects such as storage,
transportation, static electricity and security through additional
APA, NFPA, DOT and ATF documents.
Safety techniques when setting up a fireworks display
• Remove all potential sources of ignition; e. g., lighters,
cigarettes, matches, metal clipboards, motors, metal pens
and pencils.
Occupational Safety and Health Division
1101 Mail Service Center, Raleigh, NC 27699- 1101
Changes Enacted to Enhance Firework Safety
Damaged rental truck sits near Ocracoke Island’s South Ferry Terminal
after a fireworks explosion killed four and injured one on July 4, 2009.
The rental truck was serving as a temporary magazine holding about 680
pounds of pyrotechnics ( net explosive mass). While inside the bed of the
truck, employees were installing electric matches into the fuse ends of
aerial shells. About 10 shells were completed at the time of the explosion.