10/18/07

NEW YORK STATE PYROTECHNIC ASSOCIATION BULLETIN

All--

I have just been informed that early last May the NYS Office of the Attorney General issued an Opinion (2007-3), stating that only permitted fireworks displays are legal and that permits may only be issued for (so-called) public displays, not private displays. Wedding fireworks are cited as an example of prohibited activities in New York State.

Our New York Pyrotechnic Association (NYSPA) bill (2004-2005 S4816/A7539) defines public and private displays, and expressly allows so-termed private displays for occasions such as weddings, competitions, conventions, parties and so forth.

Our bill is poised for reintroduction this session on the Senate side but has yet to be reintroduced before the Assembly Labor Committee because Rochester Assemblywoman Susan V. John has blocked it. Her sudden withdrawal of support is apparently at the request of the NYS Department of Labor, which is pushing a very restrictive departmental bill.

A copy of the NYSOAG Opinion 2007-3 is attached. I am told this Opinion was distributed in a NYS town clerks' trade publication last month and the first permit denial by a NYS town clerk (Glenville) for this reason was handed down just this week. Please read the Opinion carefully and, if you do not understand or agree what the implications are, feel free to e-mail me.

The bottom like is that NYS licensed business owners and pyrotechnicians will have to make a concerted effort to push the NYSPA legislation this session, or a large fraction of display fireworks activity in the state will be de facto, or by means of the competing NYS DOL departmental bill, outlawed by 2009.

Best regards,
Curt

More Information

The NFA has also supplied us with more information regarding the Federal Motor Carrier Hazardous Material Permits.
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