Health and Safety at Work (Hazardous Substances) Regulations 2017

9.35 Notification and recording of outdoor pyrotechnic displays

(1)

A PCBU who directs the carrying out of an outdoor pyrotechnic display that uses only outdoor pyrotechnics must, at least 3 working days (or any shorter period allowed by WorkSafe in exceptional circumstances) before the first firing occurs,—

(a)

notify WorkSafe of the location where the display is to occur, the date of the display, and the time and number of firings; and

(b)

give WorkSafe sufficient information to enable an inspector to contact the PCBU who will direct the carrying out of the display and the certified handler during normal business hours.

(2)

The PCBU must obtain prior written agreement for the holding of the display from—

(a)

Fire and Emergency New Zealand; and

(b)

if the display involves firing to heights over 60 m, the agency responsible for air safety in the vicinity of the display.

(3)

If the display involves firing to heights over 60 m, the agreement of Fire and Emergency New Zealand must record that the documented procedures for the display will enable the PCBU to comply with the requirements of regulation 9.34(5)(c) and (d).

(4)

The PCBU must keep a record of the outdoor pyrotechnic display that includes—

(a)

a site plan of the discharge area and any exclusion zone; and

(b)

details of arrangements for identifying and securing the discharge area and exclusion zone; and

(c)

the name of the manufacturer of, and the size, type, and number of, pyrotechnic articles to be used; and

(d)

details of the positioning of firing points and mortar tubes and the methods of firing; and

(e)

the names and responsibilities of all authorised persons operating the display.

(5)

The record must—

(a)

be available for inspection by an inspector at least 3 working days before the display as far as it relates to the matters specified in subclause (4); and

(b)

be retained by the PCBU for at least 12 months after the display.

(6)

The PCBU must—

(a)

notify WorkSafe as soon as practicable after the display of any malfunctioning pryotechnics and any incidents of fire or injury; and

(b)

maintain a record of those incidents for a period of not less than 5 years after the display.

(7)

A PCBU who contravenes subclause (1), (2), or (6)(a) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

(8)

A PCBU who contravenes subclause (4), (5), or (6)(b) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2001/116 r 39