Citing “difficulties engendered in significant part by a lack of adequate technical justification for provisions or proposed provisions concerning the regulation of retail sales off consumer fireworks”, the NFPA Standards Council has seemingly undertaken a broadside attack on retail fireworks sales. This assessment is found in the Standards Council Decision (Final), D#08-19 (the “Decision”), dated…
Pennsylvania’s recent, rapid publication of revisions to its storage and handling regulations, 25 Pa. Code Chapter 211, highlights one of the pitfalls of having fireworks lumped together with other explosives. The lack of a separate statutory scheme to regulate fireworks causes the industry to incur the same costs that apply to users of high explosives….
The war on terrorism is being fought on many fronts. Unfortunately, the lumping of an entertainment activity such as display fireworks together with the commercial explosives industry puts the display fireworks industry on one of those fronts. To avoid becoming a victim of that war, the display fireworks industry must battle to separate itself from…
Not surprisingly, last month’s article generated intense interest as well as an unusually high number of inquiries. Accordingly, one purpose of this article is to clarify and amplify certain points made in that article as part of our examination of the EX-approval regulation. Among the concerned are persons who provide the manufacturer with a formulation…
The title of this article is actually the title of another article by a different author; however, it should set off alarm bells for the fireworks industry. While other industries have been similarly targeted, in my opinion only highly-capitalized and centralized industries (such as oil companies) with an ability to tap vast unnatural resources (e.g.,…
Last year, the U.S. Department of Transportation, Office of Special Permits and Approvals instituted changes to the EX application form. The changes can be separated into the following three (3) categories: (i) particle size, (ii) point of contact, and (iii) U.S. Agent. Particle Size In addition to the information already required to be disclosed, applications…
Consent Judgments (or Decrees) Historically, judgments are issued by courts of law while decrees are issued by courts of equity or chancery; however, with the merger of the courts of law with the courts of equity the term judgment has generally replaced the term decree. For purposes of this article, the terms judgments and decrees…
In 2003, the United Nations (UN) adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS includes criteria for the classification of health, physical and environmental hazards, as well as specifying what information should be included on labels of hazardous chemicals as well as safety data sheets. The United States was…
Recent events in Chicago, and elsewhere, highlight the well-known fact that the consumer fireworks industry is never far away from regulation and legal exposure. In Chicago, local fire officials now seek to ban the sale of aerial luminaries, such as airborne paper lanterns, that have become increasingly popular. Paper, or sky, lanterns have a long…
Part 1 – To Whom Should PHMSA Issue EX-Numbers; and What is a New Explosive (Firework)? Donald E. Creadore, Esq. This article is the first in a series that will look at issues concerning the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) fireworks (or ex-number) approval process. In addressing these issues the emphasis will be…
