The Fireworks Regulations 2004

Fireworks - image courtesy of freeimages.co.uk

The Fireworks Regulations 2004 apply to any businesses which supply or sell fireworks.

Under the above regulations there are restrictions on the types of fireworks that can be sold, the periods in which they can be sold and who they can be sold to. Failure to comply with these requirements may render a supplier of fireworks liable to prosecution.

Defined Periods
Under the above regulations fireworks may only be sold during the following defined periods;

• On the first day of the Chinese New Year and the three days immediately preceding it;
• On the day of Diwali and the three days immediately preceding it;
• During the period beginning on the 15th October and ending on the10th November; and
• During the period beginning on the 26th December and ending on the 31st December.

If you wish to sell adult fireworks at any other time of the year you will need to apply for a suppliers licence (all year round licence). This licence is in addition to a registration or licence required for the storage of fireworks under The Manufacture and Storage of Explosives Regulations 2005 (MSER). Please see below.

The cost of a supplier’s licence is set at £500. Please contact us for an application form (contact details are listed below).

Age of purchase
It's illegal to sell fireworks or sparklers to anybody under the age of 18 with the exception of caps, cracker snaps, novelty matches, party poppers, serpents and throwdows.

Display of notice
There must be displayed, in a prominent position, a notice, measuring no less than 420mm by 297mm (A3 standard paper size) and whose letters are no less than 16mm high, stating that-

‘It is illegal to sell adult fireworks or sparklers to anyone under the age of eighteen’; and ‘It is illegal for anyone under the age of eighteen to possess adult fireworks in a public place’.

Information to be provided by a supplier to The Fire Service upon request. If, in a single transaction, you sell a quantity of fireworks such that the total net explosive content (the net mass) of the fireworks exceeds 50kg, you must keep a record of the following information for production to the fire service if requested;

• The name and address of your supplier;
• The name and address of the person whom you are supplying;
• The date at which the fireworks were supplied to yourself;
• The total ammount of explosives contained in the fireworks supplied.

You must keep this information for at least three years.

In addition, if you sell more than 50kg net mass of fireworks to any person, the purchaser must show you a valid storage registration or licence certificate issued under the Manufacture and Storage of Explosives Regulations to prove that they can legally store the fireworks.

The following fireworks must not be sold to the general public:

• Bangers;
• Air Bombs;
• Mini-rockets;
• Fireworks with erratic flight (e.g. ground spinners, jumping crackers, squibs);
• Aerial shells, aerial maroons, shells-in-mortar and maroons-in-mortar;
• Fireworks intended for professional use, marked ‘This device must not be sold to, or used by, a member of the general public’; and
• Category 3 fireworks (those marked ‘Display Fireworks’) that produce a sound exceeding 120 decibels.

Other measures

• All fireworks sold to the general public must be marked as complying with British Standard BS 7114 (this sets out safety specifications and test procedures for fireworks); and
• Retail boxes of fireworks must not be broken down for sale.

Storage and fees

The Manufacture And Storage Of Explosives Regulations 2005 (MSER)
To store smaller quantities of explosives/fireworks a registration under MSER is required - for example most registrations are for shops selling fireworks during the firework season. In certain circumstances you can store up to 250kg net exposive content (nec) of hazard type 4 fireworks.

For quantities above this weight a licence under MSER will be required.

Fees

To contact us
For more information about firework regulations contact us at petroleum-explosives@manchesterfire.gov.uk or call 0161 608 4189

To find out more and apply for an online licence/registration go to www.fire.gov.uk.

Useful Links:

• The Firework Regulations 2004 - www.opsi.gov.uk
• Storing and Selling Fireworks Safely - www.hse.gov.uk/explosives/fireworks/industry.htm
• Retailers risk assessment checklist - www.hse.gov.uk/explosives/fireworks/industry.htm