Section 675IAC22-2.2-26. NFPA 1126; use of pyrotechnics before a proximate audience

   (a) That certain document, being titled the NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, is hereby incorporated by reference as if fully set out in this rule save and except those revisions made in this rule.

  (b) This rule is available for reference and review at the Fire and Building Services Department, Indiana Government Center-South, 402 West Washington Street, W246, Indianapolis, Indiana 46204.

  (c) NFPA 10, NFPA 101, NFPA 160, NFPA 495, NFPA 1122, NFPA 1123, NFPA 1125, and NFPA 1127 are:

(1) not adopted;

(2) not enforceable; and

(3) referenced for informational purposes only.

  (d) Amend section 1.1 to delete "or outdoors" in the first sentence.

  (e) Delete section 1.1.1 in its entirety.

  (f) Delete section 1.1.4 in its entirety.

  (g) Amend section 1.1.13 to read as follows: 1.1.13 Facilities in or at which pyrotechnics are to be used or stored shall comply with the applicable rules of the Fire Prevention and Building Safety Commission.

  (h) Amend section 1.1.15 to read as follows: 1.1.15 This standard shall not apply to the manufacture of model rocket and high power rocket motors.

  (i) Amend section 1.1.17 to read as follows: This standard shall not apply to the sale and use of model rockets and model rocket motors.

  (j) Amend section 1.1.18 to read as follows: This standard shall not apply to the sale and use of high power sport rockets and high power sport rocket motors.

  (k) Amend section 1.2.1 to delete "outdoors" at the end of the section.

  (l) Delete section 1.2.1.1 in its entirety.

  (m) Delete section 1.2.1.2 in its entirety.

  (n) Delete section 1.4 in its entirety.

  (o) Amend section 1.5 to delete the second sentence.

  (p) Amend section 1.5.1 to read as follows: Aerial Shell. A cylindrical or spherical cartridge containing pyrotechnic material, a long fuse or electric match wires, and a black powder lift charge.

  (q) Amend section 1.5.6 to read as follows: Authority Having Jurisdiction. The chief of the responding fire department of the location proposed for the display of indoor pyrotechnics or the chief's designee.

  (r) Amend section 1.5.35 to read as follows: Listed. Equipment or materials included on a list published by an approved testing laboratory, inspection agency, or other organization concerned with current product evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states that equipment or materials comply with approved nationally recognized standards and have been tested or evaluated and found suitable for use in a specified manner.

  (s) Amend section 1.5.36 to read as follows: Magazine. Any building, structure, or indoor container used for the storage of explosives.

  (t) Amend section 1.5.41 to read as follows: Performance. The event before, during, or after which pyrotechnics are used.

  (u) Amend section 1.5.42 to read as follows: Performer. Any person in a performance who is not part of the audience or support personnel.

  (v) Delete section 1.5.43 in its entirety.

  (w) Amend section 1.5.45 to read as follows: Producer. An individual who has overall responsibility for the operation and management of the performance.

  (x) Amend section 1.5.46 to read as follows: Production. All the occurrences of a performance. There are two types of productions: fixed and touring.

  (y) Amend 1.5.47 to read as follows: Proximate Audience. An audience closer to pyrotechnic devices than permitted by NFPA 1123 as adopted by the commission.

  (z) Amend section 1.5.50 to read as follows: Pyrotechnic Operator (Special Effects Operator). The individual who has responsibility for pyrotechnic safety and who controls or initiates the use of pyrotechnic materials at a performance.

  (aa) Delete chapter 2 in its entirety.

  (bb) Delete chapter 3 in its entirety.

  (cc) Amend section 4.1.1 to read as follows: The pyrotechnic operator shall provide to the authority having jurisdiction:

(1) evidence of insurance that has been issued to the pyrotechnic operator that provides general liability coverage of at least five hundred thousand dollars ($500,000) for the injury or death of any number of persons in any one (1) occurrence and five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence by an intended display of indoor pyrotechnics arising from any acts of the pyrotechnic operator or the pyrotechnic operator's agents, employees, or subcontractors; and

(2) at least twenty four (24) hours before the time of the display, written notice of the intended display and to include with the written notice a certification that the display will be made in accordance with:

(A) the rules adopted under IC 22-11-14.5-3; and

(B) any ordinance or resolution adopted under IC 22-11-14-4.

  (dd) Amend section 4.2.1 to read as follows: Before any performance, the pyrotechnic operator shall submit a plan for the use of pyrotechnics to the authority having jurisdiction.

  (ee) Amend section 4.2.2 to read as follows: The pyrotechnic operator shall keep the plan available at the site for safety inspectors or other designated agents of the authority having jurisdiction.

  (ff) Amend section 4.2.3 to read as follows: Any addition of pyrotechnics to a performance or any significant change in the presentation of pyrotechnics shall be approved by the authority having jurisdiction prior to such addition or significant change.

  (gg) Amend section 4.3.1 to read as follows: The plan for the use of pyrotechnics shall be made in writing.

  (hh) Amend section 4.3.2(d) to read as follows: Name of the pyrotechnic operator.

  (ii) Amend section 4.3.2(i) to read as follows: Evidence of the pyrotechnic operator's insurance carrier or financial responsibility.

  (jj) Amend section 4.3.3 to read as follows: All plans shall be submitted as soon as is possible so that the authority having jurisdiction has time to be present and notify other interested parties. In no event shall such advance notice be less than 24 hours.

  (kk) Amend section 4.4.1 to read as follows: A walk-through and a representative demonstration of the pyrotechnics shall be approved by the authority having jurisdiction.

  (ll) Delete section 4.4.3 in its entirety.

  (mm) Amend section 4.5.1 to read as follows: All pyrotechnic operators shall be at least 21 years of age.

  (nn) Delete section 6.1.1.2 in its entirety.

  (oo) Amend section 6.1.6, exception no. 1 to read as follows: Exception No. 1: Portions of a fire detection and life safety system may be permitted to be interrupted during the operation of temporarily installed pyrotechnic effects when the authority having jurisdiction imposes a fire watch consisting of at least two (2) firefighters certified by the Board of Firefighting Personnel Standards and Education who are capable of directing the emergency evacuation of the audience, performers, and support personnel.

  (pp) Delete section 6.1.6, Exception no. 2 in its entirety.

  (qq) Amend section 6.2.7 to read as follows: Before firing any pyrotechnic device, the pyrotechnic operator shall prevent unauthorized entry into the area where the special effects are to occur.

  (rr) Amend section 6.3.2 to delete the exception in its entirety.

  (ss) Amend section 6.3.4 to delete the exception in its entirety.

  (tt) Amend section 6.4.1 to delete the exception in its entirety.

  (uu) Amend section 6.5.5 to delete the exception in its entirety.

  (vv) Amend section 6.7.6 to read as follows: Life safety and other systems that have been disarmed or disengaged as specified by 6.1.6 shall be restored to normal operating condition as soon as the likelihood of false alarms from the use of pyrotechnics has passed.

  (ww) Delete Chapter 7 in its entirety.

  (xx) Delete Appendix A in its entirety.

  (yy) Delete Appendix B in its entirety.

  (zz) Delete Appendix C in its entirety.

  (aaa) Delete Appendix D in its entirety. (Fire Prevention and Building Safety Commission; 675 IAC 22-2.2-26; filed Sep 21, 2005, 1:30 p.m.: 29 IR 487; readopted filed Aug 4, 2011, 8:35 a.m.: 20110831-IR-675110254RFA)