General legal considerations

The Health and Safety at Work etc Act 1974 and Health and Safety regulations apply to Firework Displays which are undertaken as part of a work activity. It places duties on the persons organising and firing the display to ensure the safety of those arranging and giving the display, the spectators, and other people near the display site who may be affected. Display organisers and firers also have a civil law duty of care not to cause injury to persons that might be affected by the conduct of the display or cause damage to their property.

The Explosives Act 1875 requires that premises storing fireworks must be registered or licensed. There is a provision under the Control of Explosives Regulations 1991 which permits fireworks to be kept without licensing/registering provided the fireworks are not for sale, are stored safely and kept for no more than 14 days before use.

The Fireworks Safety Regulations 1997 regulate the type of fireworks which may be sold to the public and the safety requirements these fireworks must adhere to. The Regulations are made by the Department of Trade and Industry (DTI) and are enforced by local authority Trading Standards Officers. Enquiries regarding the sale of fireworks should be directed to the Buckinghamshire Council’s Trading Standards Department or to the DTI.

The following guidance on firework displays applies to all firework displays held on Buckinghamshire Council premises, including school playing fields, and must be brought to the attention of all persons responsible for operations and events on the premises. For education settings, the guidance must be made available to and be followed by Head Teachers, school staff, Governing Bodies and Parent Teacher Associations (PTA) when organising events involving fireworks on school sites.

This guidance covers two types of display:

• A display using a professional display company.
• A display organised and fired by school staff and/or members of the governing body or PTA etc.

Use of fireworks is prohibited on all other Council-owned premises and grounds, including, but not limited to, community centres and green spaces, unless organised, installed, fired and removed by a professional display company.

In all instances, the use of fireworks must be authorised by the Council prior to the event.

No fireworks, pyrotechnics, or fire for the purposes of display are authorised for use at the following locations at any time, regardless of the organiser:

• Black Park
• Langley Park
• Denham Country Park

Bonfires are permitted at certain locations only and must be risk assessed. The risk assessment, and any associated documentation, must be reviewed and approved by the Council prior to the event.

To safely operate an event involving a bonfire, event organisers will:

• Ensure a robust and sufficiently powerful torch is available and used.
• Build the bonfire on the day of the display and carry out checks prior to ignition.
• Ensure bonfires are no more than 3 metres in diameter and are stable. It is likely therefore that they will be no more than 2 metres high.
• Ensure bonfires are sited at least 15 metres from buildings and hedges.
• Take wind conditions on the evening of the event into consideration.
• Ensure that in dry conditions, the area around the fire must be damped down one hour before lighting and again once the bonfire has been extinguished.
• Ensure that fires are not lit in high winds where airborne embers could set fire to clothing, neighbouring property, hedges, etc. and where smoke could cause a nuisance to neighbours of the Council premises and road users.
• Ensure the area around the fire is clearly cordoned off to prevent unauthorised access.
• Ensure adequate supplies of water or other forms of extinguisher are available to control the fire in an emergency.
• Ensure a fire blanket is available in the event of a person’s clothing catching fire.
• Carefully consider the materials to be used to build the bonfire. No materials which burn to produce toxic fumes, such as old foam filled furniture, or any items which might explode, e.g. paint cans, batteries and aerosols, are to be used.
• Ensure no flammable liquids such as petrol, paraffin or other flammable liquids are used to light the bonfire.
• Ensure that personnel and spectators are at a safe distance before lighting the bonfire.
• Ensure that all remaining embers are extinguished at the end of the event.
• Ensure that debris is cleared away and removed from site the following morning. Consideration will be given to re-seeding or re-turfing following the bonfire.

Ensure that no spent fireworks are thrown onto the bonfire under any circumstances.

For additional information, please contact the HR Service Desk.

Fireworks which may be sold and fired by the general public are classified in the following way under British Standard BS EN 15947-3:2015:

• Category F1: Indoor Fireworks

• Category F2: Garden Fireworks

• Category F3: Display Fireworks

Category F4 fireworks are partially assembled, specialist devices for use in major displays. These must not be sold to, or used by, the general public and are only to be made available to and used by professional display companies.

Exclusion zones must be implemented in accordance with the firework manufacturer’s instructions.

Categories F1 and F2 also have the potential to cause serious injury, from burns to fatality.

Categories of fireworks (labelled with ‘F’ and numbered from 1-4), are not to be confused with Hazard Type (labelled with ‘HT’ and numbered from 1-4). Fireworks available for use by the general public typically fall into Hazard Type (HT3) or Hazard Type 4 (HT4).

All fireworks used on Council premises must be purchased and procured through reputable and licensed in-store and online retailers.

Mortars

Mortars may only be sold and fired by Professional Pyrotechnics Operators.

Any fireworks used in a display which is not fired by a Professional Pyrotechnics Operator must only be in Category 1, 2 or 3. (See above).

Sparklers

Sparklers cause more injuries on bonfire night than all other types of fireworks put together. They burn at very high temperatures and can cause serious burns to the skin and the sparks they produce may also cause eye injuries.

It is therefore strongly recommended that establishments ban sparklers from their bonfire night celebrations.

When considering a firework display, schools are strongly advised to employ a professional firework company to carry out the display.

If a professional company is to organise and fire the display the following points must be clarified:

• The company must have sufficient Public Liability Insurance of at least £5,000,000. Proof of insurance must be provided, and a copy retained on file.

• The company must provide evidence that they have carried out similar displays before and be willing to provide references from previous customers.

• The company must provide risk assessments and method statements for firing the display.

• The company must undertake to set off the display following the guidance in “Working Together on Firework Displays” – A Guide to Safety for Firework Display Organisers and “Giving Your Own Fireworks Display”, issued by the Explosive Industry Group and approved by the Health and Safety Executive.

Organisers of displays must have substantial experience of fireworks.

Nationally accepted qualifications are available for firework operators through the British Pyrotechnics Association (BPA). However, the Health and Safety Executive define a competent firework operator in the following way:

“A person with sufficient knowledge, training and experience to set up and fire the type of fireworks which they are to use, and clear them up after firing, in a way which will ensure the health and safety of the operator, the operator’s employees and other people at or affected by the display”.

More specifically a competent display operator will:

• Know the characteristics and proper use of the various types of fireworks

• Know the principles and practice of ignition systems

• Know the principles and practice of setting up, firing and clearing up fireworks both in relation to operator safety and the safety of others affected by these activities

• Understand the requirements of health and safety legislation, which apply to the activities of a firework display operator and firework displays

• Have received training in setting up, firing and clearing up fireworks from a competent display operator

• Have practical experience in setting up, firing and clearing away fireworks under the supervision of a competent display operator

• Ensure that people forming part of a firing team who do not have this knowledge, training or experience, work under the direct supervision of someone who has.

Both the organiser and the operator must have in their possession copies of the latest edition of the EIG Publication: “Working Together on Firework Displays” – A Guide to Safety for Firework Display Organisers and “Giving Your Own Fireworks Display”, which they must have read and understood. The guidance in these booklets must be strictly adhered to when setting up and firing the display.

NB It is important to note that not all display operators will have competence in the use of category 4 fireworks.

Risk can be minimised by making a risk assessment for this activity in the following way:

Identify all hazards involved (i.e. the potential to cause harm):

• Airborne missiles

• Flames from a bonfire

• Large numbers of people often in an excited state

• Electrical hazards

• Slip, trip and fall hazards from poor lighting, cables etc

Identifying the risks arising from these hazards: (i.e. the probability of the harm being realised:

• Impact with people

• Fire spreading to a building

• Persons collapsing if tightly packed together

Identifying the probable outcome:

• Injury from minor to fatal

• Destruction of buildings

• The number of people who are likely to be affected

Control the risk by ensuring:

• Adequate separation between the display and onlookers

• Adequate separation between the bonfire and onlookers

• Competent persons (operators) to set off the display

• Adequate personal protective equipment is provided for the firers

• Adequate separation between the display, the buildings area and the audience

• Good crowd control

• Adequate means of raising the alarm

• Adequate fire fighting equipment etc

Full details of this can be found in the Explosive Industry Group (EIG) publications “Working Together on Fireworks Displays” and “Giving Your Own Fireworks Display”.

Any Educational Establishment which intends to have an organised firework display must inform the Health and Safety Team at least six weeks before the date of the display and provide a copy of the risk assessment together with a plan of the site.

You will be required to provide a written confirmation that the following points have been addressed. You should complete Appendix 1 or 2 as appropriate and complete the checklist at Appendix 3 which should be returned to the Health and Safety Team.

• The establishment must clarify who is running the display for the purposes of insurance.

• Displays are normally run by Parent Teacher Associations (PTAs). They will need to arrange their own insurance. This can be arranged through the County Council’s Insurance Section or the PTA can arrange its own insurance. If the PTA arranges its own insurance it must contact the Insurance Section to verify that the proposed insurance cover is sufficient.

When registering the display the organisers will be asked to verify in writing that they have read “Giving Your Own Firework Display; How to Run and Fire it Safely” and brought it to the attention of all persons involved in the display, and that they agree to adhere strictly to the guidance.

The booklet “Giving Your Own Firework Display”, is available from the EIG website:

http://www.eig2.org.uk/wp-content/uploads/GYOFD-Red-Guide.pdf

The document gives detailed advice on such points as:

• Safety zones

• Whom to contact (e.g. fire and rescue service)

• Location of bonfires, fireworks etc

• Site facilities

• Fire precautions

• Preparation of an emergency plan

• Crowd safety

• Firing fireworks

• Dealing with misfires

• Clearing up after the display

The HSE Guidance Managing Crowds Safely gives helpful advice regarding the management of crowds and schools are advised to obtain a copy.

Checklist

• Consider whether your site is suitable for a display, for example, size, location etc.

• If the prospective audience is large enough to fund it, employ a professional pyrotechnics company.

• If the premises is relatively small, consider co-operating with others in the area to share the cost.

• If you decide to carry out the display yourself, consider carefully the competence of the operators.

• If operators are using Category 3 items they MUST have considerable previous experience of this type of firework.

• Consider using Category 2 fireworks if possible.

• Even if Category 2 fireworks are to be used, the operators MUST have previous experience of setting off displays.

• Ensure that all persons involved in the display have read the attached guidance and the relevant HSE guidance.

• Verify insurance cover and keep a copy on file.

• Ensure that all relevant authorities have been informed and that an emergency plan is in place to cover accidents crowd problems, fires etc.

• Ensure all operators wear low flammability clothing.

• Ensure that adequate personal protective equipment is available for operators and firers. 

• Ensure that appropriate fire fighting equipment is available.

• Ensure that adequate first aid cover and appropriate first aid equipment is available.

Please note that legislation designed to prevent the misuse of fireworks requires that fireworks must not be set off between the hours of 11.00 pm and 7.00 am except on 5 November when they must not be set off between 12.00 midnight and 7.00 am and Diwali Night, Chinese New Year and New Year’s Eve when they must not be set off between 1.00 am and 7.00 am.

It is also now an offence for retailers to sell fireworks which produce a noise level greater than 120 decibels.

The changes involve a new licensing system for those supplying fireworks all year round, whether retail or wholesale, and also provide improved controls on the import of fireworks.

All fireworks must be obtained from reputable suppliers. Many reputable suppliers will offer to visit the proposed site of the display and offer expert advice.

General advice is listed in the above publications or may be obtained. If you require any further clarification please contact the HR Service Desk.

Appendix 1

Statement of compliance (Firework display company)

Appendix 2

Statement of compliance (Parent teacher association)