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If you are displaying to the general
public, you have a legal responsibility for their
safety. In this section we'll go through some extra
considerations for a public display. Please note that
this is not intended to be an exhaustive guide and
there may be additional extra legal responsibilities
not covered here.
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The main consideration with a public display is that
if there is an accident, you could be held liable
for it. You need to protect yourself against this
by taking out insurance. This is a must for any display
involving the public.
You should be aware that times have changed somewhat
and people tend to consider legal action or claim
compensation for the slightest thing. Insurance will
protect you against this.
Insurance costs have risen sharply in recent years
and for many one-off displays the premium now represents
a significant burden. But it simply is not worth the
risk of displaying in public without it.
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If you are a member of a club or association,
check to see if existing policies will cover
you. Also if you are displaying on behalf of
someone else (school, local authority, club
etc.) see if their policies can cover you.
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You are
responsible for the safety of your spectators!
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Competence, and proof of this, is becoming another
issue with amateur displayers. If you are not a professional,
some insurers may require that you are "trained".
This is somewhat of a grey area with nonprofessionals
since there is no legal requirement to be trained
to use category two and three fireworks.
If you find yourself in this position, we recommend
that you seek clarification from your insurer as to
what constitutes proof of competence in their case.
You should find that it simply means attending one
of many courses run by firework companies and retailers.
In cases like these your insurer is simply trying
to ensure that you do have some training to use fireworks.
It goes without saying of course that training is
always useful in any case if you intend displaying
to the public.
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Please note that if you are NOT a professional
displayer, ie. you do not display fireworks
for a living, have licensed divisional storage
and full insurance, then no amount of training
will qualify you to buy and use professional
fireworks such as aerial shells.
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Your relationship with the event and with your firing
crew might have further implications that you need
to consider. For example, if you are being paid to
fire a display and you are paying your firers from
this fee, you could be classed as an employer and
are legally responsible for your firers' health and
safety.
We're not trying to put you off but with public displays
and where you might be considered as an employer to
your firing team, you need to ensure you comply with
the law. Your insurance company might hang you out
to dry if you don't and you could be prosecuted.
http://www.hse.gov.uk/
is the official Health and Safety website and you
can use this to find information about your responsibilities
or to find contact details for people who can help.
You should start by defining your role with the display
and the relationship with your firers and then find
out what your legal responsibilities (if any) are.
At the time of writing we contacted the HSE with
a fictitious scenario that I was providing the fireworks
for a public display as a one off, that I was not
a firework company, but I was being paid to provide
the fireworks and in turn was paying firers (also
as a one off) to help. Their opinion in this case
was that all the normal laws would apply. I asked
if the same would apply if I was not being paid. Their
guidance was that "The Health & Safety at work
act 1974 and subsidiary legislation covers firework
displays which involves a work activity (ie where
at least one person will be involved on a professional
basis)".
The important issue here is the definition of professional
and this should not be confused with the term "professional"
in firework terms which means someone who displays
with cat 4. Regarding whether an unpaid display would
be classed as professional is something the HSE suggested
that I query with our local authority enforcement
officer who would look into the specific display.
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Please, take these issues seriously. You will
find that the HSE and your local authority are
an excellent (and free) source of help. It only
takes a few phone calls to find out where you
stand legally.
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Crowd control is an issue with any display and even
more so with a public one. Are you aware of your liabilities
in these areas? For example, how many spectators is
it safe to allow into the viewing area and how many
marshals do you need to control them? In the event
of an accident what is your plan to get the spectators
to safety? Be sure to clarify these points with the
event organiser before you commit to a display.
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Unless you particularly want to take the job
on, we recommend leaving the crowd issues to
trained marshals.
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Although serious incidents are very rare, you need
to consider the worst case scenario. In the event
of an accident the crowd will need to be moved quickly
and safely. How will you communicate any problems
to the marshals and how will they contact you? Please,
take some time before the display to clarify these
points.
Most marshals and stewards use walkie talkies and
these can be purchased relatively cheaply (they are
a good investment in any case). This is normally the
best way for everyone to keep in touch.
You might want to consider getting it put in writing
that the organiser or venue is responsible for crowd
control and not you.
Your safety areas need to be well defined. It is
very important that you agree on who will mark these
areas. In large open fields hundreds of meters of
perimeter marking will be required. Many venues will
be happy to do this for you if you show them your
spectator and safety areas. But, clarify this well
ahead of the display because if these areas cannot
be marked, you will not be able to fire. If you need
to provide any poles, rope or tape, this can create
a big extra expense and require some additional time/labour
on the day.

If you
need to mark any of your own perimeters make sure
you have enough equipment (and time) to do it!
Marking your safety areas is only half of the job
of course - keeping an eye on these areas and dealing
with anyone who comes across the safety line is the
other half. If you are setting up during the day you
will get the occasional inquisitive member of the
public having a nose and of course expect various
other people involved in the event or venue to come
across and see you.
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Never, ever, leave your fireworks or site unattended
at any point from the moment you arrive to the
moment you have cleared everything away.
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Safety barriers should be taken down last,
once all the cleaning up has been completed
and the site is deemed safe.
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Here is some more advice. This is not an exhaustive
list and you can find much more help in our main safety
section:
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It is important for public displays that the
local police and fire service are advised of
the display.
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A public display can create an enormous amount
of pressure on you to fire but never fall into
the "show must go on" mentality. ONLY
fire if it is safe to do so. If the weather
conditions are too severe, if there are crowd
issues, or any other problem that might
put you or the crowd at risk, don't fire.
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If you are being paid to display, consider
the issue of cancellation in your planning stages
with respect to whether the organiser will pay
you something anyway for your time. Does your
insurance cover this eventuality too?
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Set up a clear organisation structure with
defined roles. For example agree on a specific
site contact and someone in charge in case of
emergencies.
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Although display fireworks are rated as 25m
spectator distance, we recommend more for a
public display (eg. 50m). This allows for safe
fall out if any goes the wrong way. In fact
most bigger display fireworks look better viewed
further back. Our safety section has much more
information on how to set up your fireworks
properly.
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Make sure clear up well afterwards. It's worth
popping back the next day to check that the
site is clear and tidy. Cleaning up isn't just
a safety issue - if you leave the site clean
you're more likely to be invited back.
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We hope that you have found the information in this section useful
and wish you a safe and enjoyable display. Don't forget to read our extensive
safety section for help setting up and firing
your display.
If you have found this guide useful and are not yet a member of
our site, please consider supporting us by joining!
It doesn't cost very much, will give you full access to our reviews and more,
and your membership fee helps us to keep this site running.
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