Explosives and Fireworks - Storage and Sale

Introduction
Do I need a Licence or Registration
Fees
Hazard Types
Storage of Explosives - Weight Limitations
Risk Assessment
Fireworks in the sales area
Methods of storage
Storage safety advice
The Sale of Fireworks - The Fireworks Regulations 2004

Introduction

Any business planning to store more than 5 kg Net Explosive Quantity (NEQ) of explosives including fireworks, gunpowder, safety cartridges or detonators (including air bag detonators), is required by law to have a current explosives registration or licence.

The Manufacture and Storage of Explosives Regulations 2005 and the Fireworks Act 2003 make major changes to the way explosives must be sold and stored. Changes include:

• The removal of Mode A and Mode B storage.
• The licence or registration is now granted to a person or company rather than the site of the store.
• The quantities allowed to be stored are no longer referred to by the gross weight of the explosives, but by their Net Explosive Quantity (NEQ). As a rough guide, the NEQ in fireworks is approximately one quarter of the gross weight. For other explosives, please check with your supplier. The amount of explosives that can be stored is dependant on the Hazard Type and the quantities of explosives stored.
• If you are storing more than 250 kg NEQ of explosives you will need a licence from either the local licensing authority (Shropshire County Council) or the Health and Safety Executive (HSE).
• Local Licensing authorities can now refuse or revoke a licence or registration
• There is a rise in fees for the licensing and registration
• The amount of fireworks that can be stored on the shop floor depends on the sales area of the property.

If you store explosives you still normally need a registration or licence. If you plan to sell fireworks all year round, you require an additional licence under the Fireworks Regulations 2004. There are still general duties to:

• Prevent fire and explosion
• Prevent unauthorised access to explosives
• Not to manufacture explosives without a licence from the HSE

Do I need a Licence or Registration

Before you can purchase explosives from your supplier, you will normally be required to be registered or licensed. The following table shows whether you need a licence or or whether you need to register. Click here for the definition of Hazard types. All stated kg weights are NEQ

If you are applying for a licence, there are other requirements you will need to follow. Please contact us to discuss. If you require a HSE licence, you must still go through the Local Authority assent process.

To download a combined registration and licence application form as a pdf file - Size: 197kb. To view this form you will require Adobe Acrobat Reader, which is free to download from the Adobe website.

Click here for details of fees.

If you would like us to post either form to you - please contact us. The completed form should be returned to us at:

Shropshire County Council Trading Standards Service,
Shirehall,
Abbey Foregate,
Shrewsbury,
SY2 6ND .

together with appropriate fee. Please make cheques or postal orders payable to Shropshire County Council.

Fees

Annual renewal of registration - £50
New registration - £100
Annual renewal of licence - £80
New licence - £170

Hazard Types

One of the fundamental changes that the new legislation introduces, is that the amount of explosives that can be stored in a building is not only calculated by the distance the building is from other buildings or roads, but by the Hazard Type of the explosive.

These Hazard Types conform to the United Nations designation or division number for explosives, 1.1, 1.2, 1.3 and 1.4 respectively. Most consumer fireworks will be Hazard Type 4 (1.4) although some larger fireworks may be Hazard Type 3 (1.3). The UN Designation of the explosives should be marked on the transport container.

Hazard Types are defined as follows:

Storage of Explosives - Weight Limitations

Under the Manufacture and Storage of Explosives Regulations 2005, the registration system has been simplified by the removal of the Mode A and Mode B distinctions. The method by which you store explosives will depend on the quantity you keep in stock. However, you should not assume that your premises would be suitable to store the maximum amount of explosives. You should be aware of the following cut off points. All stated kg weights are Net Explosive Quantity.

Please contact your suppliers in regard to the NEQ or your explosives.

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Risk Assessment

The Manufacture and Storage of Explosives Regulations 2005 place emphasis on the need to carry out a risk assessment posed by the storing of explosives on your premises. You must record your findings if you have five or more employees although it may be advisable to keep such a record if you employ less than five people. Risk assessment is a simple matter of carrying out a check to ensure you have adequate control measures in place to prevent a fire and to minimise the spread of fire should an outbreak occur. The following are examples of some common sense measures you should be taking:

• Exclude sources of ignition and prohibit smoking near explosives.
• Store explosives away from other flammable or combustible materials.
• Restricting access to explosives.
• Keep explosives in their transport containers.
• Keep exits and escape routes clear.
• Use suitable storage and display cabinets.
• Restrict entry into the store.

The Health and Safety Executive has produced a check list for people who sell fireworks. It is to help them carry out a risk assessment and plan what actions they need to take to protect the safety of staff and customers.

HSE Fireworks in shops - retailers risk assessment checklist

HSE leaflet - Storing and selling fireworks safely

Fireworks in the sales area

Under the Manufacture and Storage of Explosives Regulations 2005, the amount of fireworks allowed to be stored on the shop floor is determined by the sales area. The sales area is the area of the premises where members of the general public have access. Fireworks must be stored in an appropriate display case or storage container with a maximum content of 12.5 Kg NEQ per container.

The following table lists the permitted quantities of fireworks allowed in the sales area.

Quantities greater than 75 kg NEQ require a storage licence.

Methods of Storage

Explosives and fireworks must be stored in appropriate containers. It is no longer permissible to store fireworks in containers such as metal dustbins.

It is preferable to keep explosives in a storage space that can be used exclusively for that purpose. A fire involving explosives is likely to spread very quickly as burning projectiles are likely to be thrown around. Where explosives are stored with quantities of flammable or combustible materials, storage arrangements must be sufficient to stop the spread of fire. This could involve:

• Storing in an ISO Transport Container or similar fully enclosed metal container.
• Using appropriate storage cupboards or cabinets.
• Building a structural partition.

Any container or enclosure must be suitably constructed and suitably located. Containers must be suitably robust so that they remain stable and effective throughout their expected working life and must take into account your working practices. Stores should be located well away from flammable or hazardous materials.

There must be fire resistant separation (such as a breeze block wall), capable of resisting fire for at least 30 minutes, between the explosives store and your sales area.

Where explosives are kept in a store exclusively used for that purpose, the transport containers will provide suitable protection provided:

• Transport containers are not left open and are securely closed after use.
• Explosives are not transferred from one transport container to another.
  

Storage Safety Advice

• Fireworks kept in any room to which the public have access must be kept isolated in a substantial container: either a glass showcase, metal container, wooden box, cupboard or drawer.
• Any container used for the storage or display of fireworks must be kept closed and either locked or positioned so as to prevent the public having direct access to the fireworks.
• Fireworks must NOT be displayed in a shop window or on any open shelf or counter.
• Where a suitable display cabinet is not available only dummy fireworks or empty boxes may be displayed.
• Storage containers and display cases must be sited away from any source of ignition such as a stove, fire, open light or similar source of ignition. Unplug any electrical fittings in display cases.
• Fireworks should not be stored next to substances such as oil, paint, matches or any other highly inflammable substance.
• Smoking must not be permitted in any area near to where fireworks are displayed or stored and 'NO SMOKING' signs must be displayed.
• No person may smoke while handling or conveying fireworks.
• When making sales the quantity of fireworks that may be handled should not exceed 2.5kg at any one time.
• Do not store Bengal matches in the same container as your fireworks.
• All gangways, passageways and walkways leading to containers/display cases used for fireworks and all gangways, passageways and walkways leading to fire or emergency exits, must be kept clear at all times.
• Water type fire extinguishers must be available at all times and all fire extinguishers must be properly maintained and a record of maintenance kept. In addition where there is any electrical hazard on the premises, additional fire fighting equipment designed for use on electrical fires must be kept.

These requirements stem from the Explosives Acts and Health and Safety legislation. Failure to comply could result in goods being seized and prosecution. On conviction the Courts may impose an unlimited fine or 2 years in prison.

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The Sale of Fireworks - The Fireworks Regulations 2004

Click here for more information on:

• The sale of fireworks
• Legal requirements
• Preventing underage sales

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The Approved Code of Practice on the Manufacture and Storage of Explosives is available from HSE Books and costs £20.95.

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Page last reviewed June 2008

Shropshire County Council Trading Standards Service
Shirehall, Abbey Foregate, Shrewsbury, Shropshire SY2 6ND