NFPA-1123:
Key NFPA-1123 Code Sections Not Changed From 2006,
Changes From 1123-2006 Code for 1123-2010, and the Implications Thereof
By John Steinberg, Senior PGI Representative to NFPA
NFPA codes are, unless otherwise required by circumstances, on a five-year cycle. NFPA-1123-2010 replaces the 2006 code edition and became effective June 2009. Please note that many jurisdictions, though they use NFPA code, may not have adopted this most recent edition. Please check with your AHJ to assure that you and he are using the same code edition when conducting a display.
The following are sections from NFPA-1123-2010 that were NOT changed from 1123-2006, but, which I feel deserve special emphasis as they have commonly been sources of misinterpretation or confusion.
Chapter 1, General
Section 1.1, Scope (what the code addresses and what it does not address)
Section 1.1.2: The code does NOT apply to testing fireworks if that testing is approved by the AHJ.
Section 1.3, Equivalency: Nothing in this code precludes the use of any system or method that affords equivalent or superior safety. The operator and AHJ have great latitude in determining this.
Chapter 3, Definitions
Section 3.3.16: Defines a fireworks display as "a presentation of fireworks for a public or private gathering". This has serious implications. Many feel that when they display fireworks on their private property, before an audience of friends, that NFPA code if adopted by the local jurisdiction, will not apply. This is an error. Further, in the Scope Section, Section 1.1.2 notes that this code does not apply to "use of consumer fireworks by the public". However, when said consumer fireworks are displayed before an audience- public or private- this code does, indeed, apply.
Section 3.3.31.2: defines salute powder: Salute powder is "any pyrotechnic composition that makes an explosive sound when ignited". This definition is much broader than simply defining "salute" powder as "flash" powder.
Section 3.3.39: defines salute as fireworks designed to produce an explosive sound as its primary effect
Chapter 4, Requirements for Display Fireworks Aerial Shells and Equipment
Section 4.1.4.1: at least six inches of leader must protrude after the shell is loaded into the mortar
Sections 4.1.6.1 and 4.1.6.2: Safety caps are not required for electrically fired shells
Section 4.1.7.2 (4): When manually firing single break aerial salute shells of any size, either remote ignition or use of an additional five-second minimum delay fuse is required. This allows the operator to retreat prior to shell lift charge ignition.
Section 4.1.7.4 (1) and (3): "Bottom shots" or aerial salutes on multi-break shells cannot exceed five inches in any dimension, as specified in 4.1.7.1 and may be fired from steel mortars provided that those mortars are buried in the ground, troughs, or drums.
Section 4.2.1: Fireworks used in displays must meet the requirements of ATF and DOT and be permissible in commerce.
Section 4.2.2.5: Assembly, minor repairs, fusing, matching, etc. does NOT constitute manufacturing.
Section 4.2.3.4: NO assembly or repair of fireworks at the display site may take place less than fifty feet from fireworks storage. (Failure to adhere to this code requirement is thought to be a direct contributor to the fatal accident in Ocracoke, North Carolina on 7-4-09)
Section 4.4.4: Buried mortars must be separated from adjacent mortars by at least one mortar ID unless-
Section 4.4.4.1: If the buried mortars are equal to or less than six inches, unchained, and electrically fired- then no separation of buried mortars from adjacent mortars is required
Section 4.4.4.2.1: Buried mortars must be separated from the wall of the trough or drum by two inches or one-half the mortar ID, whichever is greater unless-
Section 4.4.4.2.2: If electrical ignition is used, then buried mortars need only be separated from the trough or drum wall by two inches
Section 4.5.3: You can have seven or eight inch shells in racks so long as the mortars are non-metallic, the shells are not chained, and electrical or equivalent means of remote ignition is used.
Section 4.5.5: Mortar rack bracing may be accomplished by stakes, legs, A-frames, side-boards, or equivalent means. That's "or" not "and" as has been interpreted by some AHJ's.
Section 4.6.1.2: Mortar racks containing chain fused shells shall have separation distances doubled where there is doubt concerning the strength of the racks.
Section 4.6.2.1: Gives the maximum number of shells per chain containing rack by size. No chain fusing of shells in racks larger than six inches is allowed.
Section 4.6.2.2: Waives 4.6.2.1 for boxed finale items containing mortars of 2.5 inches or less, only.
Section 4.6.4: Staple guns cannot be used to secure quick match connected to aerial shells, mines, or comets but can be used to secure quick match for lance work and set pieces.
Chapter 5, Display Site Selection
Section 5.1.1: AHJ Discretion: The AHJ can increase or decrease required separation distances. I would advise that decisions made under this code section should be witnessed and or obtained in writing.
Section 5.1.3.2: For comets and mines with non-splitting or bursting effects, only 35 feet per inch of device diameter, one half of separation distances noted in Table 5.1.3.1, is required.
Table 5.1.3.1: Note the following separation distances for vertical mortars containing aerial shells (per inch ID of mortar size):
Less than or equal to one inch: 75 feet
1.5 inches 105 feet
2 inches 140 feet
2.5 inches 175 feet
3 inches and larger, 70 feet per inch
Sections 5.1.3.3.1 and 5.1.3.3.2: When mortars, racks, or other holders contain chain-fused shells, comets, or mines, if the holders are strong enough to contain an explosive malfunction and not be repositioned, then, separation distances in Sections 5.1.3.1 and 5.1.3.2 apply. Otherwise, separation distances are doubled.
Section 5.1.3.4: Roman candles: separation distances depend on effects produced and are based (Section 5.1.3.6) on the fireworks device size, NOT the size of the equipment holding the Roman candle.
Sections 5.1.4.1, 5.1.4.2, and 5.1.4.3: The AHJ can waive doubling the separation distance for health care or detention facilities if both agree but the doubling of the separation distance from bulk storage of toxic, flammable, or explosive hazmat materials cannot be waived.
Section 5.1.6: FD and EMS equipment and personnel must be outside display site during the actual firing of the display.
Section 5.2.1: Separation distances are applicable to each device, not to the discharge area in aggregate.
Chapter 6, Floating Vessels and Floating Platforms:
Electrically Fired Displays:
Section 6.2.3: The requirement for a safety shelter applies only to manned platforms.
Section 6.3.1: The minimum required area formulae apply only to manned platforms.
Sections 6.3.1.1.1, 6.3.1.1.2*, and 6.3.1.1.3 for minimum areas:
Mortars: the sum of each mortar diameter times the number of those mortars, all divided by two
Cakes: twice the sum of each cake's* area footprint
Ground devices: the sum of the area of all devices
Section 6.3.1.2.1: Mortars must be separated from the safety shelter by two feet per inch of mortar ID for mortars up to 6 inches and four feet for mortars larger than 6 inches.
* This applies ONLY to cakes and multi-tube devices up to 3 inches in diameter
Manually fired displays:
Section 6.4.1 (1-6):
All shells must be preloaded
Maximum shell size is 6 inches
No multi-break shells may be used
The areas required are twice those for electrically fired displays
A protective barrier, not a shelter, is required
Except for the shooter(s) and operator, all personnel must be behind the barrier during the display
If electrical firing takes place on the same platform, those mortars must be 25 feet from manually fired mortars (see Section 9.1.3)
General:
Section 6.7.1: Nonessential flammable materials shall be removed
Chapter 7, Rooftops, Other Structures, and Other Limited Egress Locations
This Chapter largely parallels Chapter 6
Section 7.5.3.1: HVAC and ventilation openings in the proximate area of the firing shall be covered
Section 7.5.6: Determination of the necessity, if any, of protecting the roof shall be made by the operator and the AHJ and the building owner or agent of the owner.
Chapter 8, Operation of the Display
Section 8.1.2.3: Before the display, except for the discharge site, the display site can be open to the public
Section 8.1.2.4: The crew can allow visitors but unescorted public access to the discharge site is not permitted
Section 8.1.3.4: During the firing, all personnel in the discharge site shall wear: head/eye/hearing/foot protection, long sleeves and long pants that are cotton or wool or other flame retardant material.
Section 8.1.4.2: Whether or not wind velocity is too great to permit firing the display is an interpretation made by the AHJ or the operator based upon their opinions
Section 8.1.9.1: Permissible BAL is ZERO
Section 8.2.1: Shells must be carried only by the body of the shell
Section 8.2.2.2: No body parts over the mortar during loading
Section 8.2.7: No body part over the mortar, during loading, firing, until mortars checked following the display for the absence of any shells
Section 8.2.9.2.1: Shells greater than 6 inches can only be fired if shooters behind a sturdy barricade or at least 75 feet away when the lift charge ignites
Section 8.2.9.2.2: Seven and eight inch shells can be manually fired from buried mortars (at least 3/4 of mortar length buried) and the shooter has been provided with alternate means of protection
Sections 8.2.10.1.1 and Section 8.2.10.1.2: Unfired shells, if manually fired, shall be doused with water. If electrically fired, shall be permitted to be salvaged by the operator.
Section 8.2.12.3: The post-display search is immediately after the display AND at first light by personnel acceptable to the AHJ
Chapter 9, Electrical Ignition of a Display
Sections 9.1.2.1 and 9.1.2.2: Personnel must be 75 feet away or behind a barrierapproved by the AHJ except for the firing of lance work and other set pieces of "similar low hazard" when a display is fired
Section 9.1.3: If shooting both electrically and manually at a site, the mortars for each must be separated by at least 25 feet.
Section 9.4.4: For electrical firing, in lightning storms, cease all ESD sensitive operations and withdraw to a safe location.
Section 9.5.2: For electrically fired display, after the display, do not enter the discharge site until the time deemed necessary for safety by the operator has elapsed- no specific time is specified
Chapter 10, Qualifications
Section 10.3.4: If the AHJ acts as the operator, he must have all required permits, licenses and must have proof of insurance specified in Section 10.3
Annex D, Extract from APA Standard 87-1
Section D.4.4: Describes use of combination devices, for consumer fireworks, display fireworks, or theatrical pyrotechnics and their use for display purposes
The following changes and/or additions have been made by the NFPA Technical Committee on Pyrotechnics, hereinafter referred to as the TC in the 2010 code. Where appropriate, I have added explanations and details.
Chapter 1, General
Section 1.4 Enforcement
Code was added as section 1.4.2 that specifies that the annex sections of this code are not to be considered as enforceable code. The annex sections are often referred to, somewhat mistakenly, as the "appendix" sections. These sections, all beginning with a capital "A" are offered as additional language for clarification of the respective code sections and are not code, in and of themselves, which are meant to be enforced. The TC had received complaints from operators that their AHJ's were reading and enforcing annex section material as though it were code. Therefore, the TC decided to explicitly clarify this matter.
Chapter 2, Referenced Publications
Section 2.3.2: Title 18 USC, Chapter 40 and Title 27, CFR, Part 555 (ATF related publications) were added.
Chapter 3, Definitions
Section 3.3.7: "or other fireworks items" was added to the definition of chain fusing
Section 3.3.9.1: no longer limits this section to aerial devices alone
Section 3.3.10: an electrical firing unit is a firing unit at all times- the words "during a display" were deleted
Section 3.3.14 added a definition of the term "fire resistive"
Sections 3.3.18 and 3.3.19 and 3.3.22: changed the words "pyrotechnic" device to "fireworks" device in each section
Section 3.3.26: added the words "closed at one end" to the definition of a mortar
Section 3.3.35: changes aerial "devices" to "fireworks" devices in the section on ready boxes
Chapter 4, Requirements for Display Fireworks Aerial Shells and Equipment
Section 4.1.7.2 (on single-break aerial salute shells): This, in my experience, is one of the single most commonly misapplied and or misinterpreted sections of code. I am asked about this several times a year.
(1) Single break aerial salute shells must be placed in non-metal mortars.
(2) This section applies to individual mortars, NOT to racks. It requires separation of ten times the ID for salutes larger than 3 inches.
(3) This section applies to the use of mortar racks. This section applies only to salutes larger than 3 inches. It does NOT apply to chain-fused salutes, addressed elsewhere in Section 4.6.2. Only one salute per rack can be used and only one mortar in that rack can be loaded unless the ten times ID rule for separation is met. You cannot place a color shell in a mortar in the rack next to the salute shell.
(5)Single break aerial salute shells must be preloaded. No reloading is allowed.
Section 4.2.1 (2): Title 18 USC, Chapter 40 and Title 27, CFR, Part 555 (ATF related publications) were added, as in Chapter 2.
Section 4.2.3.5: Assembly basically is limited to putting ground display pieces together and to installing fusing and means of ignition on other fireworks devices.
Section 4.2.3.6: Repairs may not involve disassembly of a device.
Section 4.2.4: Added the previously defined term "fire resistive" the the ready box specifications
Section 4.2.4.3: Ready boxes must now be 30 feet upwind from the mortars- this was 25 feet in 2006
Section 4.2.4.4: Ready boxes must be relocated if the wind shifts during the display (see also 5.1.3.4.3)
Old Section 4.4.2 (from 1123-2006) was deleted. Now, as specified in Section 4.4.1, all buried mortars must be buried to at least two-thirds of their length
Section 4.6.2.2: Changes the word "tubes" to "mortars"
Chapter 5, Display Site Selection
Section 5.1.2.2: The new wording refers to "display site dimensions" and "discharge site location" in site plan requirements.
Section 5.1.3.4.3: Cakes cannot be closer than 100 feet to any ready boxes or mortars to be reloaded.
Sections 5.2.1.3.1 and 5.2.1.3.2: Mortars cannot be angled toward the main spectator area
Chapter 8, Operation of the Display
Section 8.1.2.1: Monitors are to be positioned around the "display" site. In 2006 the word used was "discharge" site.
Section 8.2.9.1: All shells larger than 6 inches must be preloaded. Reloading of seven and eight inch shells was allowed in 2006 code.
Section 8.2.12.1: Code now offers the alternative to dousing duds with water of waiting an additional 30 minutes and retrieving them.
Annex A, Explanatory Material
Section A.5.1.2.2: Adds clarifying language to define "display site"
Section A.8.2.9.1.2: This annex entry in the 2006 code was deleted in 2010 as it clarifies burial requirements for mortars to be reloaded with 7 or 8-inch shells. As no shells larger than 6 inches are permitted to be reloaded in the 2010 code, this Annex entry was deleted.