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#1 spectrum

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Posted 06 August 2007 - 06:27 PM

I posted a message on another forum but would wish to repeat it here, I think it may have been missed where it was posted.

You all make very good points and I am generally very impressed by the degree of knowledge and intelligence which comes across from many of the comments made throughout the forums.

I come from a very different direction than most of you and work in the subject for a living, we have a licensed factory in which we produce commercial pyrotechnics, Research and Development is constantly on the go and we are transparently accountable to the Health and Safety Executive.

I don't have an axe to grind but do take on board the comments about life being more difficult nowadays - that is certainly true, Risk assessments etc. do not speed the job up but they are there for a reason and unlike you guys I have no option but to accept that. I do think however it is a bit unfair to paint a general picture of health and safety in an entirely negative way. Our Inspector actually worked in industry for a number of years and thus has practical, hands-on experience in pyrotechnics. He is entirely helpful, approachable and professional.

I really do think there should be more effort put into exploring the legal options in pursuing the activity, I genuinely believe that there is no place for pyrotechnic experimentation within a domestic environment and the thing that needs to be remembered is that the Health and Safety Executive exists not simply to come down on people doing so but to protect others who may be affected by that. Obtaining a license is not an impossibility and really should be explored, given the depth of knowledge many of you demonstrate in approaching and solving other problems, this one should actually be easy!

The reason I have decided to re-post this message on this forum is partly due to the fact that I think it was hidden away where it was and also prompted by a number of direct approaches I have received requesting advice on the subject of obtaining a license through the appropriate channels, i.e. H. M. Explosives Inspectorate at the H.S.E. in Bootle.

I know the viewpoint I muct express will not be popular with many of you but I am aware of accidents which have occurred in peoples homes as a result of this sort of activity. In some cases the consequences are absolutely horrendous. It goes without saying that the Inspectorate have had far more intimate dealings with these types of events and, being only human, are naturally affected by them. To dismiss these guys as busybodies really isn't fair, I can say through personal experience that I have always found their approach to be quite impartial, they simply ensure compliance with the law - that is their job!

As I have said, the challenge of obtaining a license is not an impossible one. Guidance is available. To assume that keeping the weight of your product below 100g is not enough to keep you out of trouble. This weight limit applies to chemical experiment and testing, i.e. thermal stability of compositions and would not be viewed as an acceptable limit for the construction of an article or device. I KNOW THIS WILL NOT MAKE ME POPULAR BUT THAT IS HOW THE LAW STANDS.

I am quite approachable and more than willing to offer advice and, more to the point, having worked in the industry for approaching 24 years now, I have a genuine concern and regard for others associated with it.

Paul M.

#2 BrightStar

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Posted 06 August 2007 - 07:07 PM

Spectrum,

Thank you, you have made your points with clear conviction and concern. It showed some courage to post them to what is essentially an amateur pyrotechnics forum :) - I appreciate you have much to contribute from direct experience.

If I may make a few points in response, in no particular order.

- Part of the thrill of amateur pyrotechnics is that it is one of very few areas of research where non-professional scientists can contribute something to the community without resources and funding. It would be a great shame to suppress this proud British tradition.

- The dedicated paying UKPS members here are completely obsessive about safety, I would say much more so than some professional display operators, certainly more so than some professional scientists, and are correspondingly rather less accident prone. I would much rather shoot a display with UKPS members than everyday fireworks guys. We are always very keen to hear technical details of accidents if you have them please - they are often hard to come by.

- While it may seem at times that we are a bunch of cranks mixing chemicals in their garages, this is simply not the case. We work for months and years to perfect our craft - it is really very difficult, much more so than making something much more dangerous. It is difficult to cause major damage of concern to the wider public with a small, cardboard encased low explosive firework.

- We understand that in testing our compositions, even below 100g MSER limit, we may stray into creating a Category 4 firework device. The manufacture of these probably does require a license (is this practical to obtain???) and they are now illegal unless handled by a 'fireworks professional'. We volunteer with local display companies and pay for training up to and beyond the required standard to be considered as such. Nothing is transported or stored unless legal to do so.

- There are plenty of dangerous hobby activities that are not suitable for a domestic setting - welding and firing pottery for example. Most members would only construct a small fountain or wheel in an urban setting, and even then would work in their gardens, not their house. Examples of the few larger devices that you might have seen here were generally constructed in agricultural barns miles away from anywhere, with no possibility of harm to others.

- There is an understanding here that the Explosives Act is wide ranging in its scope. Of particular concern is the law that possession of explosive precursor chemicals under 'suspicious circumstances' is an offence. We work openly and honestly with our suppliers, telling them exactly what we do. We subject ourselves to the (often critical) scrutiny of our moderators and dozens of peers here on the forum. Most of our experiments are freely available for public review here and hence in the public domain. We understand that the forum is 'watched' by the powers that be. How then could this be considered 'suspicious'?

- The UKPS has an active ongoing liaison with the police and the HSE. This is one reason why we pay our subs - to keep our ears to the ground to learn what may or may not currently be considered acceptable.

Having said that, amidst the tangle of the law, the current national anti-terror hysteria remains a concern. I was reading only yesterday how 'they could be anywhere, look like anyone, be anywhere, even in suburbia' and how a series of high profile raids is planned in the coming months on 'suspects'. This is a sad state of affairs, but we have to continue to place our faith in the reasonableness of the law. If you know otherwise, I for one would be very glad to hear it.

Edited by BrightStar, 06 August 2007 - 11:16 PM.


#3 Richard H

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Posted 06 August 2007 - 07:42 PM

The UKPS will be publishing a fairly comprehensive document on how to go about getting 'legal' soon ;) It is not impossible by any means to do so. See the latest issue of fireworks for a very interesting article about Dean Fireworks. Possibly the smallest firework factory in the UK! Stay tuned is all I am going to say.

#4 spectrum

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Posted 06 August 2007 - 09:21 PM

Spectrum,

Thank you, you have made your important points with conviction and concern. It clearly showed some courage to post such statements to what is essentially an amateur pyrotechnics forum :) - I appreciate you have much to contribute from direct experience.

If I may make a few points in response, in no particular order.

- Part of the thrill of amateur pyrotechnics is that it is one of very few areas of research where non-professional scientists can contribute something to the community without resources and funding. It would be a great shame to supress this proud British tradition.

- The dedicated paying UKPS members here are completely obsessive about safety, I would say much more so than some professional display operators, certainly more so than some professional scientists, and are correspondingly rather less accident prone. I would much rather shoot a display with UKPS members than an everyday fireworks guys. We are always very keen to hear technical details of accidents if you have them - they are often hard to come by.

- While it may seem at times that we are a bunch of cranks mixing chemicals in their garages, this is simply not the case. We work for months and years to perfect our craft - it is really very difficult, much more so than making, for example, a high explosive device. It is difficult to cause damage of concern to the wider public with a small, cardboard encased low explosive firework.

- We understand that in testing our compositions, even below 100g MSER limit, we may stray into creating a Category 4 firework device. The manufacture of these probably does require a license (is this practical to obtain???) and they are now illegal unless handled by a 'fireworks professional'. We volunteer with local display companies and pay for training up to and beyond the required standard to be considered as such. Nothing is transported or stored unless legal to do so.

- There are plenty of dangerous hobby activities that are not suitable for a domestic setting - welding and firing pottery for example. Most members would only construct a small fountain or wheel in an urban setting, and even then would work in their gardens, not their house. Examples of the few larger devices that you might have seen here were generally constructed in agricultural barns miles away from anywhere, with no possibility of harm to others.

- There is an understanding here that the Explosives Act is wide ranging in its scope. Of particular concern is the law that possession of explosive precursor chemicals under 'suspicious circumstances' is an offence. We work openly and honestly with our suppliers, telling them exactly what we do. We subject ourselves to the (often critical) scrutiny of our moderators and dozens of peers here on the forum. Most of our experiments are freely available for public review here and in the public domain. We understand that the forum is 'watched' by the powers that be. How then could this be considered 'suspicious'?

- The UKPS has an active ongoing liason with the police and the HSE. This is one reason why we pay our subs - to keep our ears to the ground to learn what may or may not currently be considered acceptable.

Having said that, the current national anti-terror hysteria amidst the tangle of the law remains a concern. I was reading only yesterday how 'they could be anywhere, look like anyone, be anywhere, even in suburbia' and how a series of high profile raids is planned in the coming months on 'suspects'. This is a sad state of affairs, but we have to continue to place our faith in the reasonableness of the law. If you know otherwise, I for one would be very glad to hear.




Hi Richard,

Thank you for accepting my comments with such courtesy and understanding. Please accept an assurance that I certainly did not wish in any way to label your membership as "cranks" if this is how my address came across then I apologise unreservingly.

I hoped to convey the opinion that there appears to exist a very commendable level of understanding and knowledge within the UKPS of the general subject of pyrotechnics and, that the determination and enterprise demonstrated could undoubtedly result in the establishment of licensed premises in which to conduct this work if directed that way. It might seem impossible but believe me it isn't.

I sincerely do not wish to present myself in a superior or judgemental way nor am I seeking to pay lipservice to the authorities, my comments are offerred, as I have already stated, out of sincere concern for the regard and wellbeing of those involved in terms of safety and the exposure to prosecution.

In terms of "professionals" within the fireworks trade - I agree with you, there are one or two I also would not wish to work or associate with!.

#5 BrightStar

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Posted 06 August 2007 - 10:51 PM

Spectrum, apologies if my post seemed a bit of a long rant. You will understand that this is a subject I feel very passionate about and find myself defending all the time. It was partly for public reading as well as your own. Getting 'fully legal' must of course be a priority for everyone. In the meantime, we do our best.

Your professional knowledge of HSE matters and licensing could be very useful to the forum if you will bear with us. As said, any details or experience of accidents you might have would be highly valued. Usually, though thankfully infrequently, we just hear of an 'incident with chemicals' at such and such an address and have nothing at all from which to learn.

Richard, sounds good - details ASAP please B)

Edited by BrightStar, 07 August 2007 - 12:17 AM.


#6 spectrum

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Posted 07 August 2007 - 12:21 AM

Spectrum, apologies if my post seemed like a bit of a long rant. You will understand that this is a subject I feel very passionate about and find myself defending all the time; it was partly for public reading as well as your own... Getting 'fully legal' must of course be a priority for everyone. In the meantime, we do our best.

Your professional knowledge of HSE matters and licensing could be very useful to the forum if you will bear with us. As said, any details or experience of accidents you might have would be highly valued. Usually, though thankfully infrequently, we just hear of an 'incident with chemicals' at such and such an address and have nothing at all to learn from.

Richard, sounds good - details ASAP please B)



No probs, I fully understand.

Years ago there were provisions for Small Fireworks Factories which effectively standardised the terms of a modest license and provided a template for design. I think these were originally intended at the time of the drafting of the 1875 Act for the benefit of the numerous small scale manufacturers (I have often wondered about these installations, who had them and what did they look like?) Such a scheme today would certainly prove useful for your members and it is a shame they weren't included in the MSER.

The fact is though that they were not and you have to work within the framework which has been provided. MSER. Incidentally we have clients on the continent who are involved in pyrotechnics - if you think things are bad here think again. In france the licensing proceedure - even for minor changes to an existing facility can take 4 years, we are talking minor dimensional changes to a licensed building!, the standards of building construction and external distances are frightening. classification costs a fortune there (they won't accept ours) and, like the licensing, you grow old waiting for it to happen!

None of this helps though.

The licensing proceedure here, compared to other countries, is NOT prohibitive and is within the reach of many. Your comments on my knowledge of licensing matters etc. is very flatterring, I will be only too happy to assist with advice where possible in this regard but would recommend first checking out the MSER.

It would be distasteful to detail incidents for the sheer sake of doing so and much could be written on the subject, If I could describe one in which I am able to claim some degree of direct knowledge and where there are lessons to be learned it would have to be the Panda Factory in China. I visited the place and worked there for a fortnight around a month prior to the place blowing up. Despite detailed and considered recommendations, the management of the place simply would not accept any suggestions for improvement or change. I was sick of hearing people say "actually, we already know this thing" whenever a suggestion was made. I cannot outline any one problem because there were so many and any one of them could have caused a disaster. One of them did of course. I left the place unable to convince those in charge to change the way they did things and, when an ignition occurred, the whole place simply went up in a matter of minutes. The number of dead rose from 13 to 35 and peaked at 135 before settling at 13 or thereabouts. All entirely, completely, 100% avoidable.

Having worked with some delightful people there and knowing that they are in many cases no longer here today might go some way to explaining my attitudes!

In essence, the requirements and principles of our Explosives Act were simply never followed, rejected in fact in just about every case. I can only say that familiarising oneself with our explosives legislation will provide the best background on the subject possible - with the exception of the far east it has been a worldwide inspiration.

Paul M

#7 YT2095

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Posted 07 August 2007 - 01:20 PM

Thanks Spectrum :)

I would indeed Very much like to ensure that I am legal, I believe I am currently as I don`t manufacture anything, and certainly make nothing even close to a single Gram nevermind 100g.
If getting a Cat 4 UN1.4 license is Accessible and Affordable, then I will indeed do this as it will cover me More Than enough for the sort of scales I work at (milligram) in the Lab.
but will also allow me to make color fountains too :)

my lab is small but well stocked, very similar to a High school lab on a mini scale, for both Physics and Chem as well as basic Biology, this is where my Daughter will be taught, and one day she will own it too.
it has been visited by one of the Admin from this site also, so my comments here can be verified too.

Pyro for me is an Interest, a nice meeting of Cross Discipline Science with Art, I have to agree with Brightstar that we act as our own H&S officers and are frequently more Stringent (minus the paperwork) than some Pros (although I do keep essential paperwork just in case).

I think you`ll find that Many here will indeed "go legal" if: 1) it easily accessible. and 2) it`s affordable. (by Common folk)
and I`m fairly sure most wouldn`t mind inspections every now and then either.

Edited by YT2095, 07 August 2007 - 01:21 PM.

"In a world full of wonders mankind has managed to invent boredom" - Death

#8 maxman

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Posted 07 August 2007 - 01:57 PM

YT2095 I would imagine you are legal! If you don't manufacture anything and your experiments are very small. Unfortunately a great deal of harm could still be done if someone were to tell authorities, I know so and so who has lots of chemicals in his basement or garage! The same thing is going to happen as happened to your friend bubbled by the gas man. It would be investigated I imagine as soon as police saw a lab set up the b squad would be in quicker than you could imagine! They may well indeed check it out and find that you are within your rights and within the law and then leave you alone not bringing any charges, but then its too late. The neighbours won't thank you for being evacuated from their houses all day and night while investigations are carried out.Undoubtedly you'd make the local TV news and papers because it makes good news. When you were cleared, you wouldn't be on the front page then, maybe a little 2 liner next to the classifieds.Please correct me if I'm wrong but as I am aware, this is the reality of the situation! One need not be doing anything wrong if an accusation is made from another person.

Also please correct me if I'm wrong but would the biggest problem to most folk here on this forum in getting legal be the lack of and the cost of premises rather than the cost of licences etc?

#9 Richard H

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Posted 07 August 2007 - 02:25 PM

Well you don't need a lot of space to do it depending on quantities you wish to make. Costs for the licence are around £586, plus inspectors fees are £116 per hour.

#10 YT2095

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Posted 07 August 2007 - 02:27 PM

I have actually considered inviting the police here to check it for themselves, as a Committee member of the local Allotment association, we frequently liaise with the Police as we`re constantly being broken into and having things stolen smashed or burned there :(

I considered asking one of the lads (or lasses) about it. but I get conflicting info, some say it would be Stupid, some think like me.


getting a License seems to be right thing to do, even if I don`t need it.
"In a world full of wonders mankind has managed to invent boredom" - Death

#11 YT2095

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Posted 07 August 2007 - 02:28 PM

Well you don't need a lot of space to do it depending on quantities you wish to make. Costs for the licence are around £586, plus inspectors fees are £116 per hour.


OUCH!


I don`t suppose they do a Direct Debit easy payment scheme do they? :D

Edited by YT2095, 07 August 2007 - 02:36 PM.

"In a world full of wonders mankind has managed to invent boredom" - Death

#12 maxman

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Posted 07 August 2007 - 02:55 PM

I would imagine most of that £586 ish would be to initially apply and so on?? Then there would be an amount to pay each year I assume? and of course the inspector would not receive a hot cup of tea as he may drink it too slowly :unsure:

However land would be required I'm sure. I would gladly pay that and could probably manage it yearly if that was the case but without land I suppose there is no point even attempting it. Also who is going to insure a hobbyist in a dangerous game? That's not going to be cheap. A reputable fireworks company yes, those making some profit and running as a business. But what if I had a house in a couple of acres of land and I wanted to make some pyro for my personal use on my own land and not for sale?

#13 spectrum

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Posted 07 August 2007 - 06:03 PM

I have received a number of private messages from individuals wanting advice and help with exploring the possibility of applying for a license.

I am NOT on a mission to "convert" anyone, I do NOT work for the Health and Safety Executive and I am NOT Mr Judgemental but I AM more than willing to help anyone who wants advice on continuing their hobby in this direction. (And no, I am NOT after consultancy work drafting licenses but I will try and help anyone who needs it).

There was a comment made that "the powers that be" watch this site, this has nothing to do with me and I am not in the habit of paying lip service to anyone so anything I say here is sincere, well intentioned and based on experience.

I think, having examined a number of preliminary approaches, that many of you may have been operating I might say on dodgy ground but given the facilities available to you this really needn't be the case. I sincerely hope that I can assist those of you who want to change direction in obtaining the necessary licenses to legitimise what you might be wanting to do.

Again, my only concern is for the safety and wellbeing of those of you wanting to study this marvellous subject and NOT condemning anyone not knowing how to do this legally.

Please feel free to contact me either on this forum or privately if you have any questions.

Paul Mulvihill

#14 BrightStar

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Posted 07 August 2007 - 11:50 PM

Paul,

Thanks for this - it's a good discussion.

I'm quite interested to hear if you believe there is any concept of a common sense 'de minimis' in UK HSE licensing. As a rough estimate, even the most prolific members here have a throughput of ingredients 10,000 times less than the nearest commercial fireworks producer deserving of their attention. I had understood that this was what the 100g MSER limit was intended for.

I can't help feeling that if, as a fairly typical member, I declared the safe testing once every few weeks of 20-50g of slow burning deflagrant in a cardboard tube, they would just laugh. Can this really be worth their valuable time?

Edited by BrightStar, 08 August 2007 - 12:07 AM.


#15 Andrew

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Posted 08 August 2007 - 08:45 AM

Well you don't need a lot of space to do it depending on quantities you wish to make. Costs for the licence are around £586, plus inspectors fees are £116 per hour.


Good news everyone... lol

That is the cost of the licence to make any explosive (i.e. HE), and excluded the manufacture of both Ammonium Nitrate based Blasting Medium as well as this interesting term, “on-site mixing”. Which is what we do when we make a firework and fire it at the same place. If you get this licence you cannot make a firework in you shed and then fire it in the garden, (f*ck me that would drive me crazy!).





For what we do except in quantities greater then 100g, (i.e. Make a firework, set off the firework, EXPERIMENTALLY of course at present), you need a “Licence to manufacture explosives by means of on-site mixing”. This costs:

£205 + £115/hr of inspector time.
£73 + £115/hr of inspector time for (annual?) renewal.

The term “on-site mixing” relates to the manufacture of explosives in-situ, which for those who didn't take Latin, loosely means 'in the place of use'. This licence allows you to make explosives/(devices?) with a NEQ greater than 100g, IF they are to be used at the place of manufacture. This is the hobbyist's back garden licence that saves you £381. NICE!





If you want to manufacture and then be able to use it anywhere (legally) or sell it you need the more expensive licence.





If you want to store explosives that's a different story. And cheaper you'll be glad to hear. Depending on the class, NEQ limits and distance to other buildings, you can get a licence to store explosives. This means that you can make and then store indefinitely, where as with the cheaper licence the storage period would be limited by exemptions under MSER, (roughly a couple of days to a few months depending on what it is), before it needed to be used. If the amount is under the requirement for a licence, you can just become registered. Which again allows for an indefinite period of storage. The costs are as follows:

Licience:
1 year - £100
2 year - £150
3 year - £200

1 year renewal - £75
2 year renewal - £125
3 year renewal - £175

Registration:
1 year - £60
2 year - £90
3 year - £120

1 year renewal - £30
2 year renewal - £60
3 year renewal - £90

Basically £60 for the first year and then £30/year thereafter.




As for the 100g read this link for the actual wording of the law. One nice thing could presumably be, if you were registered to store explosives, you could make 100g batches and build up a store of both compositions well in excess of 100g and devices up to 100g NEQ, up to your registration limit while remaining within the experimental domain. And this would cost peanuts (and no need for a licence or expensive inspection).

Edited by Andrew, 08 August 2007 - 09:26 AM.





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