"Cold Spark" Machines and Use of Pyrotechnics before an Audience

 

“Cold Spark” Machines and Use of Pyrotechnics before a Proximate Audience

 

Purpose

 

The Syracuse Fire Department receives multiple inquiries regarding the permitting requirements of “cold spark” machines, both indoors and outdoors, for use in front of a proximate audience.  As such, the Department offers the following guidance to provide a consistent application of NYS Uniform Fire Prevention and Building Code, Sections 405.00 and 270.00 of the New York State Penal Law and the City of Syracuse Property Conservation Code. 

The Section 5608.1 of the 2020 New York State Fire Code requires “outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects […] comply with Sections 5608.2 through 5608.10 and NFPA 1123 or NFPA 1126.”

Additionally, The City of Syracuse requires a pyrotechnic permit application be submitted, reviewed and approved for firework displays in front of a proximate audience. 

The 2020 Fire Code of New York State adopts the 2016 edition of NFPA 1126 through reference. ‘NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, was developed in response to a recognized need for a document to provide guidance to public safety officials for the safe use of pyrotechnic special effects at both indoor and outdoor locations.

The purpose of this standard is to provide requirements for reasonable protection for pyrotechnic operators, performers, support personnel, and proximate audiences where pyrotechnic special effects are used indoors and outdoors.

 

NFPA 1126 §3.3.40 defines a Pyrotechnic Device as:

“Any device containing pyrotechnic material or pyrotechnic effect simulation equipment and capable of producing a special effect”. 

 

NFPA 1126 §3.3.41 defines Pyrotechnic Device Effect Simulation Equipment as:

“Equipment that uses a chemical mixture, heat source, and the introduction of oxygen to initiate or maintain combustion and is used to produce visible or audible effects by combustion, deflagration, or detonation.”

 

Therefore, the use of “cold spark” machines in front of a proximate audience would require pyrotechnic display permits and licensure as an unrestricted or indoor pyrotechnic operator in accordance with the New York State Uniform Code, New York State Penal Law and the City of Syracuse Property Conservation Code.

In summary, the use of any cold spark fountain device, or any other type of pyrotechnic simulation equipment in front of a proximate audience inside a place of assembly is ILLEGAL without possessing a valid NYS Pyrotechnician License and obtaining a Pyrotechnics Permit from the Syracuse Fire Department. If these devices are used without a Permit and by an individual without a license, the facility places the lives of everyone in attendance at risk and faces further legal action taken by the Syracuse Fire Department. 

 

Required

 

The following documents shall be submitted to the Syracuse Fire Department – Fire Prevention Bureau for review:

  • Syracuse Fire Department Pyrotechnic Permit Application ($25.00)
  • Manufacturer’s specifications for Cold Sparkler Machine
  • Affidavit from venue permitting the use of the Cold Sparkler Machine
  • Provide a scaled diagram of where the Cold Sparkler Machine will be used

 

Cold Sparkler Use Guidelines

 

  1. At least one licensed operator must always be present on-site where flame effects are used, discharged, or ignited.
  2. Building must be sprinklered in accordance with Section 903 of the New York State Uniform Code.
  3. A class “D” extinguisher must be available, approximate to the discharge location.
  4. A 10-foot clearance shall be maintained between the Cold Sparkler Machine and all combustibles.
  5. Cold Sparkler Machine must pass a manual trip test.  (Machine must shut down if tipped over)

 

 

September 2024

Syracuse Fire Department

Fire Prevention Bureau

 

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