SUMMER 2015 FIREWORKS REMEMBER, REMEMBER Recent changes to explosives and fireworks licensing FIREWORKS The new Explosives Regulations 2014 (ER 2014) came into force on 1 October 2014, replacing the Manufacture and Storage of Explosives Regulations 2005 (MSER). As a result, the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005 (L139) has been withdrawn. The Explosives Regulations are supported by two overarching guidance documents from the Health and Safety Executive (HSE): L150 for the safety of explosives and L151 for the security of explosives. What has changed? The main changes to the licensing framework include: G Merging the previous registration system into the licensing system G Allowing local authorities to issue licences for up to five years, aligning them with equivalent HSE/police-issued licences Hazard Types Explosives are classified into Hazard Types. Most fireworks and small arms ammunition are Hazard Type 4 and can be identified by the symbol 1.4G in an orange diamond, which will be marked on the outer box. The interpretation of the legislation is yet to be tested in the courts. Application of the requirements may change, based on case law Some larger fireworks are classed as Hazard Type 3 and are marked 1.3G. These fireworks may reduce the total storage quantity permitted, depending on the licence type and separation distances available on site. If in doubt about the classification of your fireworks, please consult your supplier. The quantities of explosives that may be stored are referred to as net explosive content (NEC). This is the SEPARATION weight of the actual explosive contained within an DISTANCES article, not including any casings and packaging, The Explosives and so on. These quantities are usually marked on Regulations 2014 the outer packaging. If this is not available, the spell out the minimum NEC is commonly taken to be 25 per cent of the distance between the gross weight of fireworks/pyrotechnics. location where the explosives are stored, and other specied Types of licence places where people Under ER 2014, there are two types of may be present. storage licence to replace registrations. HAZARD TYPE 3 EXPLOSIVE HAZARD TYPE 4 EXPLOSIVE for s ick ce Cl tan dis The licence relates to separation distances and the amount being stored. A separation distance is the minimum distance between the location where the explosives are stored, and other specified places where people may be present (see separation distance tables). 1. A licence where no separation distances apply permits storage of up to: 250kg of Hazard Type 4 (HT4) explosives; or 25kg of Hazard Type 3 (HT3) explosives; or 25kg of a combination of HT3 and HT4 explosives This is a direct replacement for registrations but note that the amount of HT3 that may be stored is reduced from 100kg to 25kg under this licence. 2. A licence where separation distances apply is for storing up to 2,000kg. There is no distinction between the Hazard Types, provided that the relevant separation distances are adhered to. Local licensing authorities For storage of up to 2,000kg of explosives: In England, the Fire and Rescue Service is the enforcing authority for the metropolitan counties and Cornwall. Forall other areas, the relevant body will normally be the trading standards department of the local authority. For Scotland and Wales, the enforcing authority is the local council. For storage of more than 2,000kg of explosives, the Health and Safety Executive is the licensing authority. FIND OUT MORE Further advice on the changes can be found on the Business Companion website. Credits: Simon Coupe Images: Yellowj / Shutterstock