§ 405.00 Permits for public displays of fireworks.\n 1. Definition of "permit authority." The term "permit authority," as\nused in this section, means and includes the agency authorized to grant\nand issue the permits provided in this section. The permit authority on\nor within state property shall be the office of fire prevention and\ncontrol. The permit authority for territory within a county park shall\nbe the county park commission, or such other agency having jurisdiction,\ncontrol and/or operation of the parks or parkways within which any\nfireworks are to be displayed. The permit authority in a city shall be\nthe duly constituted licensing agency thereof and, in the absence of\nsuch agency, shall be an officer designated for the purpose by the\nlegislative body thereof. The permit authority in a village shall be an\nofficer designated for the purpose by the board of trustees thereof and\nthe permit authority in the territory of a town outside of villages\nshall be an officer designated for the purpose by the town board\nthereof.\n 2. Permits for fireworks displays. Notwithstanding the provisions of\nsection 270.00 of this chapter, the permit authority for state property,\ncounty parks, cities, villages, or towns may grant a permit for the\ndisplay of fireworks to municipalities, fair associations, amusement\nparks, persons, or organizations of individuals that submit an\napplication in writing. The application for such permit shall set forth:\n (a) The name of the body sponsoring the display and the names of the\npersons actually to be in charge of the firing of the display who shall\npossess a valid certificate of competence as a pyrotechnician as\nrequired under the general business law and article sixteen of the labor\nlaw. The permit application shall further contain a verified statement\nfrom the applicant identifying the individuals who are authorized to\nfire the display including their certificate numbers, and that such\nindividuals possess a valid certificate of competence as a\npyrotechnician.\n (b) The date and time of day at which the display is to be held.\n (c) The exact location planned for the display.\n (d) The number and kind of fireworks to be discharged.\n (e) The manner and place of storage of such fireworks prior to the\ndisplay.\n (f) A diagram of the grounds on which the display is to be held\nshowing the point at which the fireworks are to be discharged, the\nlocation of all buildings, highways and other lines of communication,\nthe lines behind which the audience will be restrained and the location\nof all nearby trees, telegraph or telephone lines or other overhead\nobstructions.\n (g) Such other information as the permit authority may deem necessary\nto protect persons or property.\n 3. Applications for permits. All applications for permits for the\ndisplay of fireworks shall be made at least five days in advance of the\ndate of the display and the permit shall contain provisions that the\nactual point at which the fireworks are to be fired be in accordance\nwith the rules promulgated by the commissioner of labor pursuant to\nsection four hundred sixty-two of the labor law and that all the persons\nin actual charge of firing the fireworks shall be over the age of\neighteen years, competent and physically fit for the task, that there\nshall be at least two such operators constantly on duty during the\ndischarge and that at least two approved type fire extinguishers shall\nbe kept at as widely separated points as possible within the actual area\nof the display. For any applications made for the display of fireworks\non state property, the state fire administrator shall coordinate the\nissuance of such permits with the head of the police or fire department\nor both, where there are such departments. The legislative body of a\ncounty park, city, village or town may provide for approval of such\npermit by the head of the police or fire department or both where there\nare such departments
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