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FIREWORKS IN THESE UNITED STATES - 1984 - Through no fault of my own, the land area of the 48 contiguous United States is some 32 times larger then that of England. Each of these 48 states has its own laws regulating fireworks, so fireworks activity in the country as a whole can be described only in general. Here in New York State, for example, the fireworks law during the 42 years of my lifetime has been simply, NO! However, as you will see, the public will have fireworks with which to celebrate festive occasions, such as, Independence Day (The Fourth of July). [Despite the fact that our Fourth of July is set aside to celebrate the "founding of a new nation and freedom from Great Britain's tyrannical rule," in most of this country the use of fireworks as part of these festivities is forbidden, while in "tyrannical Great Britain," fireworks are legal!] There are two categories of fireworks in these United States. The type most often used by the general public is legally described as "Class C or common fireworks, devices suitable for use by the public and designed primarily to produce visible effect by combustion." Some small devices designed to produce audible effects, such as firecrackers and pyrotechnic whistles, are also included in this class. (In England these would be called "Shop Goods.") The second category is termed "Class B or Special Fireworks, those man ufactured articles designed primarily for the purpose of producing vis ible or audible pyrotechnic effects by combustion or explosion." As these are limited to use by professionals at public displays, I will have little more to say about them. Until 1976 there were few federal (nationwide) laws pertaining to fire works for use by the public. However as bureaucrats abhor legislative vacuums, it came to pass that: "On June 8, 1976 the Consumer Product Safety Commission (CPSC) pub lished in the Federal Register its Final Order for Fireworks Devices. The order, constituting regulations pursuant to the Federal Hazardous Substances Act, became effective on December 6, 1976. In response to injuries caused by fireworks, the order deals with Class C fireworks, intended for consumer use, but has no effect on existing state bans on fireworks or generally on fireworks used for public display (Class B fireworks). [Please note that this and what follows are quotes and not my wording or ideas.] The order regulates common fireworks by specify ing: "What fireworks devices may not be sold to consumers "The prohibited chemicals which cannot be used in regulated fireworks devices "The physical specifications for the regulated fireworks devices "Labeling of fireworks" PERMISSIBLE AND BANNED FIREWORKS "The regulations promulgated by the [CPSC] pursuant to the Hazardous Substances Act ban the following articles as hazardous substances because they possess such a degree of danger or nature of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of inter state commerce." BANNED FIREWORKS "Fireworks devices designed to produce an audible effect if the effect is produced by more than 2 grains of pyrotechnic composition (including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs, and other fireworks designed to produce audible effects, including kits and components to produce fire works) "Firecrackers designed to produce audible effects, if the effect is produced by more then 50 milligrams (0.772 grains) of pyrotechnic composition "Aerial bombs, and devices that can be confused with food, i.e., dragon eggs, cracker balls (ball-type caps)" BANNED CHEMICALS "Arsenic sulfide, arsenates, or arsenites, boron, chlorates (permitted in coloured smoke, party poppers and caps, and small spinning devices), gallates or gallic acid, magnesium, mercury salts, red or white phos phorus, picrates or picric acid, thiocyanates, titanium finer then 100 mesh, and zirconium." The state of South Dakota also prohibits the manufacture of "Firecrack ers longer than 3 inches, made wholly or in part of dynamite, nitro glycerine, [or] giant powder." [It would be interesting to know what prompted them to pass this law!] There are several more pages of regulations setting forth physical spe cifications for Class C fireworks, that are on the whole rather dull and because their enumeration would not appreciably help your under standing of the American fireworks scene, I will not trouble you with the details. The determination that a fireworks device conforms to all of the varied requirements allowing its sale as class C, is for the most part done by the Bureau of Explosives, which despite its official sounding name is a private company sponsored by the Association of American Railroads. The BOE's most important function as concerns fireworks is the issuing of "EX" and "BX" numbers to both Class B and C fireworks of domestic manu facture and imported, as proof that these items meet all shipping requirements (BX numbers) or that they are Class C (EX numbers). Unfortunately, there have been some past problems with imported items admitted without "EX" numbers, which, when later tested were found to be Class B rather then Class C, and therefore not permitted to be sold to the public. As a result, the authorities have become more vigilant in assuring that imported items have the required "EX" numbers assigned to them. The 50-mg limit on the amount of powder permitted in firecrackers and the total abolition of "cherry bombs," "M-80's," and like devices, has resulted in the creation of a black market to satisfy the public desire for these infernal devices. Unfortunately, as profit increases geome trically with device size and power, even larger "ground bombs" have found their way into the public hands or what's left of them! Several years ago a number of rather large salutes (commonly called "block bus ters") were produced using a normal-looking fuse manufactured using the wrong type of powder. This fuse burned for only an instant rather than for the expected three, or more seconds! The results of this mistake are obvious, and therefore I will spare the reader the sordid details. With the explosion of an illicit "fireworks factory" located in Benton, Tennessee May 27, 1983, killing ten persons, one could posit a consid erable market for these devices, and one could further speculate that the distribution of such a large number of devices would require a well organized group. The 50-mg limit has resulted in the production and marketing of a num ber of ersatz "ground bombs," called variously "M-800's," "M70's," and "Ozark crackers." These are devices having external dimensions equal those of banned large salutes, while containing only the legal maximum 50-mg powder content, to the great disappointment of many a purchaser. LOCAL LAWS Laws vary from state to state, with some states having no laws regulat ing the use of fireworks and therefore presumably allowing all that are legal under federal law, while other states allow NO fireworks for pub lic use. My native New York is included in this list - NO ANYTHING - not even sparklers. Some here in New York are reduced to lighting steel wool pads and twirling them on the end of a string for fun! Others, in a small Connecticut town, stand around the lake at night holding red highway flares as a Fourth of July celebration. AUUGGGHHHH! Some states have "safe and sane" laws (e.g., California and Washington) allowing only those devices approved by the State Fire Marshal, but none that explode, shoot fireballs or rise in the air. Still others prohibit only those that "leave the ground" and firecrackers. In many states the dates on which fireworks may be purchased and used are also specified, the most common times of permitted use being around the July Fourth Independence Day holiday. (I don't know if King George III liked fireworks or not, but he really gave us on this side of the Atlantic a handy excuse to display ours!). Christmas, and/or New Year's are the second most common times for the public to display fireworks. Indeed, in the southern United States, most fireworks activity takes place at Christmas and New Year. Two rea sons have been suggested for this difference in timing: (1) The Fourth of July falls on the anniversary of the fall of Vicksburg, Mississippi to Union forces under General Grant on July 4, 1863, effectively ending the Civil War, and (2) "No fireworks were used at Christmas time in the Northeastern United States because of the background of the settlers. The Church of England forbade such demonstrations as fireworks for celebrating Christmas. In the South the predominant culture was Spanish and French, and both of these nationalities celebrated Christmas and New Year's with fireworks as early as the 14th century." A number of avenues are open for those living in "closed states" to obtain fireworks for use on the "Fourth" and other festive occasions. Probably the most common way is to obtain them from your local bootleg ger, as almost everyone seems to know of someone with a garage/basement/trunk full of fireworks he is willing to sell for a handsome markup. Indeed, photocopied price lists circulate freely through the populace, here in the East around the Fourth of July. No doubt the second most common means for one to obtain fireworks is simply to drive to a state permitting their retail sale, e.g., South Carolina where along the main roads may be found stores with so large a selection that they supply shopping carts for their customers' use! Other states, while prohibiting sale to residents, allow sales to those residing out-of-state; therefore it is possible for those able to prove out-of-state residence to purchase fireworks where otherwise prohi bited. There are, as can be expected a number of companies who will fill mail orders for fireworks. Whether they will arrive at your home is prob lematical if you live in a closed state as large numbers of shipments are "confiscated" by local authorities upon arrival. The "Church Act", a federal law prohibiting the "transportation of fireworks into any state in which the sale or use of such fireworks is prohibited," has been in existence since 1954, but it has never been vigorously enforced, assuming there could be found a way to enforce it! While I, for one would not agree that "laws are made to be broken," there is always the classic, "while it may be illegal de facto,.... de jure ....." That is to say, if you and half of the neighborhood chil dren (children are great "cover") are out on July Fourth shooting off your goods, few if any peace officers in this county are going to bother you (assuming you haven't broken any windows with your ground bombs). In fact, some years ago the New York City Police Department announced that it was senseless to call them and complain about fire works on the Fourth, as they had more important things to do! Indeed, come July Fourth, my neighbors and I "truck on down" to the local park and proceed to "DISPLAY" fireworks with great abandon. I am rather keen on the park as with its lake and large amounts of open space, it is possible to shoot rockets and such with out having to worry where they will impact, and since so far none of the local children have demon strated the ability to walk on water, keeping them at a safe distance and out of the line of fire is that much easier. Aside from the rockets our activities cause little nuisance in the park, in the form of lit ter, &c. An interesting "convenience" has arisen concerning the sale and posses sion of fireworks here in New York State. The law provides that posses sion of more than $50 worth of fireworks is considered prima-facie evi dence of intent to sell and therefore is a misdemeanor (i.e., a crime with a maximum sentence of less than one year in jail and/or a maximum fine of $500, although nothing approaching either penalty is common), but it is still a criminal offense and not the kind of thing one would want on his record. To prevent this from happening either at the time of "arrest" or before the trial, the quantity of fireworks "seized as evidence" is "reduced," seemingly by magic to a quantity having a value of less than $50. Therefore no "arrest" need be effected or trial held, as one can simply be issued a summons (like a traffic ticket), let go with a verbal warning or if need be, plead guilty at the appropriate time to "possession of fireworks," which is not a crime but an "offense" (in the sense that a parking ticket is not crime), and simply pay the $25 to $50 fine levied. Whole truckloads of fireworks have been known to disappear in this manner. I will allow the reader to form his own opinion as to the morality of this arrangement, and as to the final disposition of the missing material! Here in New York City, starting in early June, one may venture to the corners of Broadway and Canal Street, (the confluence of the rapidly expanding Chinatown and Little Italy) and, while taking in the local colour, notice on each of the four corners individuals rather boldly asking passing pedestrians and drivers if they wish to purchase fire works. This trade will be carried out until a day or so before the Fourth of July, when the outraged dignity of those who disdain fire works forces the officers of the local Precinct House (2 blocks away) to take some token action, generally confiscations of the remaining merchandise. The large Chinese population of New York is provides good excuse for those of us wishing a respite from the "winter fireworks doldrums" to venture forth in early February to help the Chinese ward off our common "devils" and bad luck during the Chinese Lunar New Year. For a five- day period this year, Chinatown streets were closed to traffic at night to provide a clear area for the Dragon Dancers to perform, and on which to light [illegal] fireworks and such. My fellow aftificier and I, in a spirit of most complete altruism, help the Chinese celebrate with our fireworks as a way of thanking their ancestors for inventing gun pow der! As an aid in helping the natives celebrate this year, I had the foresight to obtain some "Horse Brand" All Red Crackers, which even the natives had to admit were "very authentic." As the festivities take place under the watchful eye of the local constabulary, one is wise to limit himself to "legal" illegal fireworks: i.e., no large salutes, so as not to offend the sensibilities of the local populace and officials. Last year, despite numbing cold and the 2 - 3 feet of snow on the ground that severely limited the functioning of various small ground spinning items, not to mention one's fingers, we managed to "carry on." Strange as it may seem, there is little in the way of fireworks avail able in Chinatown, other then the ubiquitous firecrackers and bottle rockets, perhaps because as has been pointed out to me, "the Chinese may make the fireworks, but the Italians work the docks." Indeed, although it is often difficult to determine the ethnic background of individuals in this polyglot metropolis, the persons selling fireworks on the street corners surrounding Chinatown are obviously not Orien tals. However during the Chinese New Year celebrations a small numbers of locals set up stands (cardboard boxes in some cases) from which to sell fireworks to the passing tourist trade. There are, of course, those true aficionados who enjoy setting off not only commercial fireworks but their own handcrafted devices. As a means to this end there have arisen a number of local fireworks clubs, such as the Catskill Mountains Pyrotechnics Association (CMPA), a not- for-profit New York corporation, of which I am member number 13. (The exact reason for the club's incorporation has been forgotten by me, but, if nothing else, it provides a patina of legitimacy to our hard- to-hide activities!) Weather permitting, on the first Saturday of each month starting with March and ending in October, members meet under cover of darkness atop a shale bank overlooking a small dirt strip air port in the Catskill Mountains of New York, to "do their thing." The production of fireworks by an individual for his own use is some what of a legal gray area (to put it politely). The Pyrotechnics Guild International Incorporated (PGII) has obtained an opinion from the Director of the Bureau of Alcohol, Tax and Firearms (BATF), the agency in charge of enforcing federal fireworks laws, that if one is making fireworks for his own use, and not for commercial sale, he can reason ably expect to be left alone. (Avoiding activities that might call attention to one's offbeat hobby in a way that cannot be ignored, is generally considered advantageous. Smoke pouring out of your windows accompanied by the sound of exploding fireworks is a phenomenon quite likely to be noticed!) The CMPA has obtained a federal permit to possess and store Class B fireworks, which covers members while attending club shoots, and to a lesser extent while traveling to and from club shoots. Possession of a copy of both the federal and local permits has worked wonders with the local police forces, in rare cases where members have been stopped en route. On the local level, unless one has an accident or the neighbors com plain loudly, one can do his thing in peace. As a matter of personal conviction, and for reasons of personal as well as political safety I for one do not make exploding fireworks. To facilitate the production of homemade devices a number of establishments have arisen willing to supply the budding pyro with both the tools and supplies of his trade. Items such as star pumps, fuse, drifts, sundry paper goods (tubes, caps, end-plugs and discs), plus otherwise difficult to obtain chemi cals, are readily available through mail order. Prior to each shoot, the club secretary obtains a permit from the local town to "display fireworks." Then on the night of the shoot he notifies the State Police of our activities, the notification being a courtesy, as it's hard to hide when you have 30 or more people shooting fireworks on top of a mountain! Although the area consists almost entirely of dairy farms, we try to keep the production of large KA-BOOMS (aerial salutes) down after 2100 hours in the fall and spring and 2200 in the summer, because the local farmers are of necessity early risers. During club shoots one is likely to see anything. (While members are free to bring any item they desire, assuming that it's not radioactive (!), we try to discourage LARGE ground bombs, for reasons of safety and as these devices are long on pyro and short on technique.) This means anything from the profound such as the three-inch salute that burned to the ground, bounced up to a height of three feet ! and only then deto nated !), to the profane: a three-inch shell from which only one star ignited! But then there are those whose efforts result in devices that would not go unnoticed at a professional display, including such effects as glitter -flitter, strobe stars, lamp black stars, electric spreader mines, colour changing stars, large whistling rockets &c., all hand-crafted by members. Although the most common sized aerial shell is one three inches in diameter, four-, five-,and six-inch diameter shells are not unknown. Other members in keeping with bigger-is-not- always-better, have produced spectacular effects using only 1-1/4" diameter shells. The club has used its expertise to put on several commercial displays for both fun and profit. The free shoot was a gift to the town of Prattsville, New York for its bicentennial. (Good fireworks make for good neighbors!) Other clubs in the country are even more active in putting together shows, and several have competed at the annual PGII convention. As can be expected with so many persons gathered in one place regularly for a single purpose, a supplier of common fireworks has been found willing to keep our larders filled, at case lot (wholesale) prices. Some members, feeling that fireworks are not only for the enjoyment of us Brahmins, have consented to supply various members of the public, and friends, with fireworks, presumably at a profit. So far, no grief has come from their activities. An interesting relationship has developed between several of the club members and the owner of the airport and surrounding farm. The club secretary is a licensed blaster among his other trades, and therefore has legal access to explosive materials. As a result several members have donated their labor and offset the cost of the explosives neces sary to remove a number of large rocks from the fields surrounding the airport. They have also blasted down a large part of the shale bank, providing the airports owner with broken rock for use as paving mate rial for the runway, &c. As a result of these operations there has been the created a large flat stone area for those wishing to shoot Class C well separated from those igniting Class B. The blasting oper ations have had an added benefit in that they provide a legitimate out let to those members whose interest in fireworks has manifested itself in the form of larger and larger salutes, more and louder noise. (This seems to be a problem we have in common with of other clubs.) Further, after spending the better part of a day drilling holes in assorted rocks in preparation for blasting operations, when drilling and blast ing operations are completed they have satisfied a burning desire for loud noises and are too tired to do ground bombs or much else. They have also come to find that the loneliest job in the world is that of the guy who lights the fuse! In an effort to provide a medium for communication among pyro-hobbyists across the nation, Max P. Vander Horck in San Diego, California stared the first monthly newsletter entirely devoted to such activities in November, 1966, titled simply Pyronews. The response to this first ten tative effort was so enthusiastic that in January of 1968 Van (as he is now familiarly known) began publishing a small magazine-format monthly under the more elegant -- if less pronounceable -- name of American Pyrotechnist. True to the axiom that success breeds success, Van's second attempt to promote communications in a hitherto notoriously uncommunicative field was joined in January, 1970 by Fireworks News, "A Monthly Magazine on Fireworks, Explosives & Pyrotechnics" published by Peter N. Colonnese in Lexington, Kentucky. Then, in October, 1970, apparently deferring to that other old axiom that two heads are better then one, Van and Pete joined forces under the banner of American Pyrotechnist Fireworks News, "A Monthly Journal on Fireworks & Pyrotechnics," which continued with Van as editor and Pete as publisher until November, 1976 (final issue numbered 102). As a direct outgrowth of the enthusiasm and correspondence generated by these joint and several publications, Van founded the Pyrotechnics Guild International (PGI) in March, 1969, a name reflecting the fact that his readership by then extended far beyond the boundaries of these United States. In announcing formation of the Guild in that issue (AP, Vol.2,#3) he stated that he felt the time had come to establish a nucleus for a non-commercial organization devoted to the common (or uncommon) cause: the love of fireworks. As a representative symbol thereof, he went back to the seventeenth century for the grizzled image on the venerable "Green Man" with his "fyre clubbe," who traditionally led processions of fireworkers at royal (and sometimes not-so-royal) celebrations in Jolly Olde England. As noted below, the Guild has thrived and survived numerous changes of hands and scribes during the 15 years since its inception, as has its Green Man emblem. It even survived a name change to the tongue-twisting "Pyrotechnics Guild International, Incorporated" (PGII) and accompany ing assessment of annual dues beginning in 1975! Another change came at the end of America's Bicentennial year, when Pete gave up publication of the APFN in November, as previously mentioned, and Van took it over again under the original name of American Pyrotechnist from January, 1977 through June, 1981 (AP issues #103-153), jokingly referring to it as "its own grandpa"! At that point history again demonstrated its repetitive nature when Van passed the pyro-publishing torch on to Jack Drewes, who himself had already established a reputation for pyro- journalism in previous issues of the Catskill Mountain Fireworks News and in succeeding ones with that geographical reference dropped. Starting July 1981 the new publication in turn became the current Amer ican Fireworks News, "An International Newsletter for Fireworks People," for which I am a "special correspondent," this being a fancy way of saying that I work for nothing. Published twelve times a year, the American Fireworks News is a newsletter-format publication dealing with less technical fireworks activities. Jack also reproduces and dis tributes John Bennett's Fireworks as a service to American readers. As a service to those with professional interests in fireworks Jack has begun publication of Fireworks Business (Issue No.1, February 1984). To disseminate information of a more technical nature, Robert G. Card well in 1977 founded Pyrotechnica, "Occasional Papers in Pyrotechnics," of which to date nine numbers have been published. The Guild at present has over 600 members throughout the country. To keep members informed of Guild activities, and as a medium for articles dealing with construction of an array of devices, safety, history of fireworks, the collection of fireworks related items and various other facets of interest to members, the Guild publishes the PGI Bulletin, January/February 1984 being issue number 40. Since 1973 the Guild has held annual conventions. At the 1983 conven tion, contests were held for: Grand Master, Advanced - Intermediate - Novice Aerial, Best Large -Medium Large - Medium Shell, Advanced Rocket, Novice Rocket, Novice Ground, Class "C" Commercial, Best Comet, Best Wheel, Best Movie Special Effect, and Best New Aerial Effect. A "SUPER STRING" of 293,000 firecrackers was *****. (There seems no appropriate word in my dictionary to describe the "*****" of a 293,000-cracker string!) Various seminars and workshops covering the diverse interests of the membership in fireworks are also held. As the highlight of the 1983 convention a 24"-diameter 118 lb. ($1000!) "Thousand Flower Blooming" shell was launched with great success and effect, even though after firing, it took three days of concerted effort to pluck the mortar tube from the ground! In closing, even though I and others like myself may live in states that allow no fireworks, by the use of simple common courtesy, i.e., no loud noises at odd hours, superior timing, the use of national, local, religious, and ethnic celebrations as "cover," and the formation of common-interest clubs, such as the CMPA, Northern Lighters, Cracker Jacks, Great Lakes Pyrotechnics Assn. et al, we have our fireworks. Although others residing within political divisions having more under standing and liberal fireworks laws may have an easier time obtaining and displaying their fireworks, I doubt that they have as much fun as we, for our Independence Day, like your Guy Fawkes Day had its origins with people of an independent and rebellious nature; what more appro priate way to express this than with fireworks, to the pleasure of us "fireworkers" and our audience! Call The Works BBS - 1600+ Textfiles! - [914]/238-8195 - 300/1200 - Always Open