Fireworks law in the United Kingdom

Fireworks in the UK are governed primarily by the Fireworks Regulations 2004 (under powers delegated from the Fireworks Act 2003), the Pyrotechnic Articles (Safety) Regulations 2015, and British Standards BS 7114 until 4/7/17 and BS-EN 15947-2015.

Categories

BS 7114 defines four 'categories' for fireworks.

Fireworks available to the public

People under the age of 18 are not allowed to buy fireworks, nor possess them in a public place.^[1] This was increased from 16 in 1997.^[2]

Otherwise, all fireworks, since 1997, must comply with BS7114, and be marked accordingly and fall into one of the following three categories:

• Category 1 ("indoor") fireworks are for use in extremely restricted areas.
• Category 2 ("garden") fireworks must be safely viewable from 5 metres away, and must scatter no debris beyond a 3-metre range.
• Category 3 ("display") fireworks must be safely viewable from 25 metres away, and must scatter no debris beyond a 20-metre range.

Under BS14035, there are also now Category 2 fireworks that require a longer distance of 8 metres, providing potentially better effects than 5 metre fireworks but without the fallout of Category 3 fireworks.

Fireworks of louder than 120dBA at 15 metres cannot be sold to the public.^[3]

It is not illegal for a firework to be set off at less than the minimum safely viewable distance; however, in the event of any injury to a spectator, the firer might be liable if the distance was too short.

A Category 3 firework will contain no more than 1 kg net explosive content in the case of combinations and fountains, except for fountain combinations, which can contain up to 3 kg of net explosive content.^[4]

Professional fireworks

• Category 4 ("professional") fireworks are for sale only to fireworks professionals.^[5] They have no restrictions, and this is the default category for any firework which has not been tested to confirm that it should be in one of the lower categories.

The law considers a firework professional to be someone employed in a business that fires fireworks, such as a firework display outlet, or a stagehand. In practice, most stores that sell Category 4 fireworks do ask for proof of training; most category 4 professionals are trained under the British Pyrotechnists Association Professional Firers Training Scheme,^[6] although equally legitimate professional competency courses, recognised under current legislation, are provided by some commercial organisations such as Illuminate Consult.^[7] Company directors are liable under the Health and Safety at Work Act for the safety of their employees, and prosecutions have occurred.^[8]

Banned fireworks

• Mortar Shells: all fireworks of the "aerial shell"/"mortar shell" type, which launch single, large projectiles into the air where they explode to create effects - are Category 4. This was as a result of the deaths in 1996 of Stephen Timcke and David Hattersley who were killed by mortars on successive nights.^[9]
• Mini-rockets, bangers, firecrackers, fireworks of erratic flight (including jumping fireworks) were banned in 1997.^[2]
• In 2004 the definition of mini-rocket was further restricted, and airbombs were also banned, in an effort to stop anti-social behaviour involving fireworks.^[10]

Storage

In terms of transport and storage, fireworks with a 'minor blast hazard', UN Category 1.3g are distinguished from those without that hazard, namely UN category 1.4g. Fireworks containing more than 25 grams of flash powder will be in category 1.3g, and many fall into Category 3, legal for public sale; however the cost of complying with storage regulations means that retailers may choose not to sell 1.3g fireworks.

Consumers may hold up to 5 kg NEC 1.4G fireworks for personal use for an unlimited time and 50 kg NEC up to 21 days. For 1.3G fireworks, 5 kg can also be kept for an unlimited time and up to 100 kg for 5 days. Any amount of either 1.3g or 1.4g may be held for up to 24 hours. If storing for longer periods, a license is required if storing more than 5 kg NEC (Net Explosive Content).^[11]

Restrictions on sale

Except for specially licensed year-round firework shops, fireworks are only for sale for Chinese New Year and three days prior, Diwali and three days prior, from 15 October to 10 November (for Guy Fawkes Night), and from 26 to 31 December (for New Year).^[12] Typically supermarkets and other general retail outlets sell fireworks in the October–November period and for new year, but do not sell at the other periods in most areas.

Using or buying fireworks illegally can result in a £5,000 fine or imprisonment for up to 6 months.^[13]

Restrictions on use

Fireworks must not be let off between 11pm and 7am, except on Chinese New Year, Diwali and New Year's Eve, when the period is extended until 1am, and on Guy Fawkes Night, when the period is extended until midnight. This restriction does not apply to displays organised by local Councils.

It is illegal to set off fireworks (including sparklers) in the street or public place. Breaking these laws can result in an on-the-spot fine of £90.^[13]

It should also be borne in mind that the regulations are different in Northern Ireland, where any purchase or use of fireworks requires a licence (this includes personal, back garden displays).^[14]

References