Appendix C
Pyrotechnics in Assembly Occupancies
An Operating Permit is required for use of pyrotechnic devices in any assembly occupancy. [Although Part 1203,
section 1203(g)(1)(iii), requires an operating permit for use of pyrotechnic devices only in assembly occupancies,
section 1203 (g)(1)(v) provides that an operating permit must be required for buildings whose use or occupancy is
determined by the Authority Having Jurisdiction to pose a substantial potential hazard to public safety. See
Appendix E for further information.]
An inspection must be completed prior to the issuance of this type Operating Permit. The inspection must confirm
(1) that all fire protection and life safety features are inspected and have current maintenance within the timeframes
set by Section 901 of the Fire Code of New York State, (2) the existence and adequacy of fire safety plans and
emergency preparedness, and (3) that the means of egress are properly maintained, that interior finishes are
appropriate, and that occupancy calculations are correct. [The required tests and reports should be consistent with
the permit procedures found within NFPA 1126. The section in NFPA 1126 regarding permits and the annex
material provide guidance for the Authority Having Jurisdiction on what to request. An operating permit should be
required for each show or group of shows, and the Premises should be made available for inspection prior to each
event.]
IMPORTANT: Please note that section 280.00 of the Penal Law provides that in the absence of a permit issued by
the “permit authority” under section 405.00 of the Penal Law, it is unlawful to offer or expose for sale, to sell or
furnish, or to possess, use, explode or cause to explode, any “fireworks” or “dangerous fireworks.” Most
pyrotechnic devices fall within the definition of “fireworks” or “dangerous fireworks” under section 270.00
of the Penal Law.
Section 405.00 of the Penal Law provides that the “permit authority” of a state park, county park, city, village or
town may grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or
organizations of individuals. For a fireworks display within a state park, the term “permit authority” means the state
agency having custody and control of the park. For a fireworks display within a county park, the term “permit
authority” means the county park commission or such other agency as may have jurisdiction, control and/or
operation of the parks or parkways within which any fireworks are to be displayed. For a fireworks display within a
city, the term “permit authority” means the duly constituted licensing agency of such city or, in the absence of such
agency, an officer designated for the purpose by the legislative body of the city. For a fireworks display within a
village, the term “permit authority” means an officer designated for the purpose by the board of trustees of the
village. For a fireworks display within the territory of a town outside of villages, the term “permit authority” means
an officer designated for the purpose by the town board of the town.
AN OPERATING PERMIT FOR THE USE OF PYROTECHNIC DEVICES IN AN ASSEMBLY OCCUPANCY IS
NOT A PENAL LAW SECTION 405.00 PERMIT. OBTAINING AN OPERATING PERMIT FOR THE USE OF
PYROTECHNIC DEVICES IN AN ASSEMBLY OCCUPANCY DOES NOT OBVIATE THE NEED TO OBTAIN A
PENAL LAW SECTION 405.00 PERMIT. AN OPERATING PERMIT FOR USE OF PYROTECHNIC DEVICES IN
AN ASSEMBLY OCCUPANCY DOES NOT MAKE LEGAL ANY ACT PROHIBITED BY PENAL LAW SECTION
270.00.
VILLAGE OF SAG HARBOR - OFFICE OF THE FIRE MARSHAL
OPERATING PERMIT APPLICATION
Appendices
(Page 4 of 4)