Bulletin 15 - Fireworks displays in school premises
Legal issues bulletin 15 - Fireworks displays in school premises
Legal issues bulletin 15 - Fireworks displays in school premises
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Fireworks displays are potentially dangerous activities. Safework NSW is responsible for issuing permits for the displays. Principals need to be aware of the following matters when considering the use of fireworks on departmental property.
There are two types of fireworks permits available in New South Wales:
There are two types of fireworks legally able to be sold in New South Wales. The first type is known as toy fireworks (for example sparklers, toy pistol caps, party poppers) and is available unrestricted from retail stores.
The second type is known as display fireworks and availability is restricted to persons 18 years of age or older who possess a fireworks permit.
There are various categories of display fireworks:
Fireworks displays can be held for the following purposes:
With the exception of New Year's Eve (1 am), all fireworks displays must be completed by 9.30pm. Prior to any approval being given by Safework NSW, written permission from property owners and neighbours likely to be affected by the display and the local council authority must be obtained. The local police, council, fire brigade and neighbours must be separately notified of the proposed display and its expected duration at least two days prior to the display. The licenced fireworks operator is responsible for ensuring relevant authorities are notified.
Fireworks displays must not be held within 50 metres of any building, shed, car, tent or shelter or 30 metres of any spectator. If aerial fireworks are being used, the exclusion zone will vary depending on the size of the shell being used. The minimum distance will be 30 metres (for shells of less than 75mm) up to 200 metres + (for shells of 300mm or more). If the aerials are being fired at an angle of more than 20 degrees to the vertical, this minimum exclusion distance is doubled. Unless the consent of the relevant governing body is obtained, a display must not be held within 250 metres of any hospital, nursing home, school or church. Under no circumstances should a display be held within 250 metres of any place where explosives or inflammable liquids are stored above ground.
The person must be licenced by Safework NSW and have appropriate experience or training in the safe use of fireworks. The permit must be at the site during the display and it must be retained for a period of three months after the display in case of any complaint.
The person who holds the permit to conduct the fireworks display must:
The department's Chemical Safety in Schools policy (section 3.1.5.3) limits the use of fireworks in schools to special effects in creative arts as part of major school performances. Large-scale fireworks are required to be undertaken by specialist contractors.
Principals must ensure that all relevant permits have been obtained and that the person acting as supervisor of the display has undergone relevant fireworks handling training prior to seeking a permit from Safework NSW. Authorised fireworks suppliers can provide the necessary training and issue the relevant certification that the training has been undertaken. Proof of training will be necessary prior to Safework NSW issuing any fireworks display permits.
Principals must ensure that the quantity of fireworks purchased is such that they will all be used as part of the planned activity. This will ensure minimum storage time on the school site. Arrangements should be made to have any fireworks purchased delivered to the school site rather than have departmental staff transport them.
Misfired or unused fireworks are to be disposed of in accordance with the manufacturer’s instructions.
Principals should ensure departmental officers do not conduct fireworks displays in non-educational activities.
Prior to allowing a fireworks display to be held on departmental premises, principals must ensure that all relevant Safework NSW permits have been obtained, appropriate public liability insurance coverage is held by the fireworks display supervisor and that the display supervisor holds the appropriate licence. Principals must ensure they sight any written risk assessments completed by the display supervisor before giving any final permission for the display to proceed on departmental premises or as part of a departmental activity.
Any public liability coverage held by the display supervisor should include the department as a co-insured for the purposes of the display. The display supervisor is to be responsible for transporting the fireworks to the site and any unused or misfired fireworks must be collected by the display supervisor and disposed of off the departmental site. Fireworks should not be stored on the site prior to or after the event.
Application forms for permits are available from all Safework NSW website.