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The (Explosives) Fireworks Rules

Legal Notice 322 of 1962

This is the version of this Legal Notice as it was from 5 December 1969 to 30 December 2022. Read the latest available version.
The (Explosives) Fireworks Rules
Citation
Legal Notice 322 of 1962
Primary work
Explosives Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

EXPLOSIVES ACT

THE (EXPLOSIVES) FIREWORKS RULES

LEGAL NOTICE 322 OF 1962

  • Published in Kenya Gazette Vol. LXIV—No. 28 on 3 July 1962
  • Commenced on 29 June 1962
  1. [Amended by Explosives (Fireworks) (Amendment) Rules, 1969 (Legal Notice 272 of 1969) on 5 December 1969]

1. Citation

These Rules may be cited as the Explosives (Fireworks) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—“chief inspector” means the chief inspector of explosives appointed under section 3(1) of the Act;“class” and “division”, in relation to explosives, have the same meaning as in the Explosives (Blasting Explosives) Rules;“firework composition” means any chemical compound or mechanically mixed preparation of an explosive of an inflammable nature which is used for the purpose of making manufactured fireworks and is not included in the Classes of Explosives I to VI inclusive as defined by rule 3 of the Explosives (Blasting Explosives) Rules, and also any star and any coloured fire composition, subject to the proviso in the definition of manufactured fireworks;“fireworks” means explosives in the form of firework composition or manufactured fireworks;“licensed importer” means the holder of a valid importer’s licence issued under rule 6;“manufactured fireworks” means any authorized explosive and any firework composition when such explosive or composition is enclosed in any case or contrivance, or is otherwise manufactured so as to form a squib, cracker, serpent, rocket (including rockets to produce rain), maroon, lance, wheel, Chinese fire, Roman candle, coloured flare or other article specially adapted for the production of pyrotechnic, smoke or sound effects, or signals:Provided that a substantially constructed and hermetically sealed metal case, containing not more than 0.5 kilograms of coloured firework composition, of such nature as not to be liable to spontaneous ignition, shall be deemed to be “manufactured fireworks”;“substantial case” means a case of such strength, construction and character that it will not be broken or accidentally opened, or become defective or insecure, whilst being conveyed and will not allow the firework composition to escape.[L.N. 272/1969, Sch.]

3. Packing for firework composition

(1)Firework composition shall, for the purpose of transportation, be contained in a double package, the inner of which shall be a hermetically sealed receptacle containing not more than 0.5 kg. of explosives, and of which the outer package shall be a substantial case containing not more than 10 kg. of explosives.
(2)Any person who transports firework composition which is not packed in conformity with the requirements of this rule shall be guilty of an offence.[L.N. 272/1969, Sch.]

4. Packing for manufactured fireworks

(1)Manufactured fireworks in quantities less than 2.5 kg. net weight shall, for the purpose of transportation, be contained in properly wrapped and secured packages or containers.
(2)Manufactured fireworks in quantities in excess of 2.5 kg. net weight shall, for the purpose of transportation, be contained in substantial cases, and the net weight of fireworks in any single container or case shall not exceed 50 kg.
(3)Any person who transports manufactured fireworks which are not packed in conformity with the requirements of this rule shall be guilty of an offence.[L.N. 272/1969, Sch.]

5. Fireworks to be marked

(1)No fireworks shall be imported unless each firework bears conspicuously the name or trademark of the occupier and the address of the factory in which it was made, and adequate instructions in English for the use of the firework.
(2)The provisions of subrule (1) shall not apply to—
(a)fireworks weighing less than 3.5 gm. each; or
(b)fireworks specified in the First Schedule; or
(c)fireworks exempted from this rule by the chief inspector by notice in the Gazette,
if such fireworks and every container in which they are consigned, including both the containers in which they are sold to the public and containers for consignment in bulk, bear conspicuously the word “Fireworks” and the name of the occupier of the factory of manufacture and the address of that factory.
(3)Any person who, in the course of trade or business, sells any fireworks on which any name and address or instructions for use have been removed, obliterated or altered shall be guilty of an offence.[L.N. 272/1969, Sch.]

6. Importer’s licence

(1)Every application for an importer’s licence shall be made in duplicate in Form No. 1 in the Second Schedule, and shall be accompanied by a fee of five hundred shillings:Provided that no such fee shall be payable in respect of fireworks required to be used or carried by law.
(2)Upon receipt of such an application and the fee and such other details as he may require, the chief inspector may, in his discretion, issue an importer’s licence in Form No. 2 in the Second Schedule, subject to such conditions as he thinks fit:Provided that any person aggrieved by the chief inspector’s refusal to issue an importer’s licence may, within fourteen days of being notified of such refusal, appeal in writing to the Minister against such refusal, and the Minister’s determination thereon shall be final and shall not be questioned in any court.
(3)Every importer’s licence shall be valid from the day of issue and shall expire on the thirty-first day of December following the date of issue.
(4)Any importer who contravenes or fails to comply with any of the terms and conditions of his licence shall be guilty of an offence.

7. Import and export permits

(1)Subject to this rule, an inspector or other person authorized by the Commissioner may, in his discretion, issue, in Form No. 3 in the Second Schedule to these Rules, a permit to import or export fireworks under section 10 of the Act, subject to such terms and conditions as he thinks fit.
(2)Every application for such a permit shall be made in quintuplicate to an inspector or other authorized person, and shall contain the description, details, quantity and type of fireworks to be imported, the name and address of the manufacturer, the source of supply in the case of importation and the destination in the case of export.
(3)An inspector or other authorized person may demand such further details and such samples for the purpose of examination as he may deem necessary, and he may in his discretion refuse to consider any application where such details or samples are not furnished.
(4)Permits to import fireworks shall be issued only to licensed importers.
(5)No permit shall authorize the importation of any fireworks specified in the Third Schedule unless the importation thereof is specifically and by name authorized therein under the hand of the chief inspector, and any fireworks specified in the said Third Schedule which are imported without the authorisation of the chief inspector as aforesaid shall be deemed to have been imported without an import permit.
(6)Any person who contravenes or fails to comply with any of the terms and conditions of a permit shall be guilty of an offence.

8. Public fireworks display

(1)No person shall hold a public fireworks display without the written consent of an inspector.
(2)Notwithstanding rule 6, where an inspector has consented to the holding of any public fireworks display, he may, on payment of a fee of fifty shillings, issue to the person authorized to hold the display a special import permit for the importation of the fireworks required for the display.
(3)Where any person is aggrieved by an inspector’s refusal to consent to the holding of a public fireworks display or by the refusal to issue a special import permit, he may, within fourteen days of being notified of such refusal, appeal in writing to the Minister against such refusal, and the Minister’s determination thereon shall be final and shall not be questioned in any court.
(4)No special import permit shall authorize the importation of any fireworks specified in the Third Schedule unless the importation thereof is specifically and by name authorized therein under the hand of the chief inspector, and any fireworks specified in the Third Schedule which are imported without the authorisation of the chief inspector as aforesaid shall be deemed to have been imported without an import permit.
(5)Any person who holds a public fireworks display without the consent of an inspector shall be guilty of an offence.

9. Power to require records to be kept

(1)A licenced importer shall, if so required in writing by the chief inspector, keep adequate records in English, to the satisfaction of an inspector, of all purchases, distribution, storage and sale of fireworks imported by him, and showing the names and addresses of all persons from whom he has received or to whom he has transferred or otherwise disposed of fireworks.
(2)If an inspector at any time considers the maintenance of records so required to be inadequate, he may after warning the importer in writing to this effect report the matter to the chief inspector; and upon receipt of such report the chief inspector may, if he is satisfied that the records are inadequate or do not properly reveal the details and transactions of the importer, cancel the importer’s licence.

10. Conveyance of fireworks

(1)Manufactured fireworks in quantities of not more than 2.5 kg. net weight may be conveyed in a carriage or boat in which passengers are carried, provided all reasonable precautions are taken for the prevention of fire or explosion.
(2)Any person who fails to take such reasonable precautions in conveying manufactured fireworks under paragraph (1) shall be guilty of an offence.
(3)For the purposes of transporting fireworks composition, Part VI of the Explosives (Blasting Explosives) Rules shall apply as if the fireworks composition were blasting explosives within the meaning of those Rules.[L.N. 272/1969, Sch.]

11. Dealer’s licence

(1)Every application for a dealer’s licence shall be in Form No. 4 in the Second Schedule.
(2)Upon receipt of such an application and a fee of fifty shillings and such other details as he may require, an inspector may in his discretion issue, subject to such terms and conditions as he thinks fit, a dealer’s licence in Form No. 5 in the Second Schedule:Provided that any applicant who is aggrieved by the inspector’s refusal to issue a dealer’s licence may, within fourteen days of being notified of such refusal, appeal in writing to the Minister against such refusal, and the Minister’s determination thereon shall be final and shall not be questioned in any court.
(3)Any dealer who contravenes or fails to comply with any of the terms and conditions of his licence shall be guilty of an offence.

12. Dealer’s obligations

(1)Every dealer in fireworks shall—
(a)register his name and the address of his business premises or shop with the local authority and the police officer in charge of the district in which the premises are located, and shall sell or deal in fireworks only in such premises;
(b)affix to the outside of the premises or shop a conspicuous notice board not less than 30 centimetres by 60 centimetre with the words “DEALER IN FIREWORKS” painted in 5 centimetre white letters on a red background;
(c)display the relative licence in a prominent position in the premises or shop; (d) report immediately any theft or loss of fireworks under his control to the nearest police station.
(2)Any person who contravenes this rule shall be guilty of an offence.[L.N. 272/1969, Sch.]

13. Storage of fireworks

(1)The following conditions shall be observed with regard to the storage of fireworks—
(a)in any shop owned or operated by the holder of a valid importer’s or dealer’s licence manufactured fireworks may be stored up to a limit of 50 kg. net weight in drawers, glass-fronted show-cases or on glass-covered shelves without electric fittings, provided the drawers, cases and shelves are kept clean and closed (but need not be locked) and the fireworks are not kept or stored with foodstuffs;
(b)in storage premises adjacent to the shop, manufactured fireworks may be stored in quantities up to 100 kg. gross weight either in substantial receptacles of a type approved by an inspector or contained in their original unopened cases as packed by the manufacturer;
(c)manufactured fireworks in quantities exceeding 100 kg. gross weight and up to such a maximum as an inspector may decide, having regard to the location of the storage, shall be stored in a fireproof room, ventilated by means other than by windows, and having a steel-plated lockable door marked conspicuously on the outside with the words “FIREWORKS STORE—NO SMOKING”;
(d)firework composition shall only be stored in a building attached to a licensed factory with the written approval of an inspector and subject to such terms and conditions as he shall specify;
(e)any article or substance of a highly inflammable nature or any article liable to cause fire or explosion shall be kept at a safe distance from any firework and from any building or receptacle containing fireworks; Bengal matches and matches other than safety matches shall not be stored with fireworks;
(f)fireworks shall not be stored with explosives of any other class:
Provided that Class VII explosives may be kept with each other without any intervening partition in the same store.
(2)Any person who contravenes this rule shall be guilty of an offence.[L.N. 272/1969, Sch.]

14. Sale of fireworks to young children prohibited

Any person who sells fireworks to any child who appears to be under 13 years of age shall be guilty of an offence under these Rules.

15. Dangerous fireworks

(1)When an inspector finds any fireworks which he has reason to believe may be dangerous to public security or to the safety of any person, he may take such number and quantity of them as he considers necessary for the purposes of test or analysis and may, by notice in writing, require the occupier of the premises upon which the fireworks were found to retain custody of the remainder of such fireworks in his premises for a specified period not exceeding three weeks and to take specified steps to ensure that they are not sold, moved or tampered with during that period.
(2)Where an inspector does not act under section 26(1) of the Act, he shall return all fireworks taken under paragraph (1) of this rule unless in his opinion they are of no value after examination and testing.
(3)If the occupier of the premises contravenes or fails to comply with any of the terms and conditions of a notice served on him under paragraph (1) he shall be guilty of an offence.

16. Breakdown of fireworks without consent prohibited

Any person who breaks down manufactured fireworks for the extraction of the explosive therein contained, or who uses fireworks for any purpose other than that for which they were designed, without the written consent of the chief inspector shall be guilty of an offence.

17. Accidents to be reported

(1)Any accident resulting in death or serious injury to any person, or in damage to property, by fire or explosion caused by or connected with fireworks shall be reported forthwith to the nearest police station, and the officer in charge of such police station shall thereupon report the accident to an inspector.
(2)Any person responsible for such an accident who fails forthwith to report the same to the nearest police station shall be guilty of an offence.

18. Penalty

Any person who is guilty of an offence under these Rules shall be liable to a fine not exceeding five hundred shillings or, in default of payment, to imprisonment for a term not exceeding two months.

FIRST SCHEDULE

[r. 5(2)(b).]

PERMITTED UNLABELLED FIREWORKS

1.Aluminium or Magnesium Torches (“Sparklers”).
2.Jumping crackers.
3.Tom Thumbs.

SECOND SCHEDULE

FORM No. 1

[r. 6(1).]

APPLICATION FOR FIREWORKS IMPORTER’S LICENCE

[L.N. 271/1969, Sch.]
1.Name of applicant ...............................................
2.Location of business premises, plot number, road and district ...................................
3.Postal address ................................................
4.Nature of business ....................................................(state whether wholesale or retail or both)
5.(1) Location of bulk storage ....................................
(2)Location of wholesale storage .............................................
(3)Location of retail premises ........................................
6.Maximum quantity in kg. (gross) for which storage is required ...................................
7.Are any inflammable goods to be stored in the same premises? .......................................If so, state types of such goods ...............................
8.Do bulk storage conditions comply with rule 13(1)(c) of the Explosives (Fireworks) Rules? ......................................................................
9.Give details of proposed storage buildings:—
 BulkWholesaleRetail
Floor............................................................................
Ceiling...........................................................................
Walls...........................................................................
(stone, brick, wood, corrugated iron, etc.)
10.What are the dimensions of storage chamber in feet:—
 BulkWholesale
Length...................................................
Width..................................................
Height/ceiling..................................................
I/We certify that the above particulars are correct.Date ............................................... , 20 .................

--------------------------------------------

Signature of Applicant

__________________________________________

FORM No. 2

[r. 6(2).]Importer’s Licence Number ................ of 20 ............. of ........................... is hereby licenced to import and deal in fireworks during the year 20 .......... Storage of fireworks in conformity with rule 13 is permitted at the following premises subject to the maximum limits shown.Bulk storage (limit ................................................... kg.) at .........................Wholesale storage (limit .............................................. kg.) at .....................Dealer’s storage (limit 100 kg.) at .............................................Issued at ................................... on the ....................... 20 .............___________________________________________Inspector of Explosives

___________________________________________

___________________________________________

FORM No.4

[r. 11(1).]

APPLICATION FOR FIREWORKS DEALER'S LICENCE

1.Name of applicant ........................................................
2.Business name and address ....................................
3. Situation of premises or shop where fireworks will be stored and retailed.(a) Town ........................(b) Street ........................(c) Location ...................
4. Details of construction of premises or shop.(a) Walls ........................(b) Floor ........................(c) Roof ........................
5. What Inflammable goods or liquids are stored at the premises or shop?........................................
6. What is the maximum weight of fireworks you wish to store?........................................
7. Do you wish to store fireworks in premises adjacent to the business premises or shop?If so, give details of such premises (site, condition,etc.).........................................
8. Do you wish to store fireworks in a separate fireworks store?If so, give details of such store (site, condition,etc.).......................................
I/We certify that the above particulars are correct, and that I/we am/are conversant with the requirements of the Explosives (Fireworks) Rules.

______________________________

Signature of Applicant

Date .............................................., 20 .............Applicant should study rule 13 of the Explosives (Fireworks} Rules before completing this form.

___________________________________________

FORM No.5

[r. 11(2).]

FIREWORKS DEALER'S LICENCE

Dealer's Licence Number..................... of 20 ................of ...........................................is hereby licensed to deal in fireworks at-(Address) .....................................................................................................................................................................................................................................In addition, storage of manufactured fireworks is permitted, at the premises, in the quantities and subject to the terms and conditions set out below-......................................................................................................................................................................................................................................................................................................................................................................................................................................................................Issued at ............................................ on the ..............., 20.........

____________________________________

Inspector of Explosives

THIRD SCHEDULE

[rr. 7(5) and 8(4).]

DANGEROUS FIREWORKS

1.Fireworks containing an admixture of phosphorus (whether or not in the amorphous form) with chlorate of potassium or other chlorate.
2.Fireworks which contain an admixture of sulphur with chlorate of potassium or other chlorate.
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History of this document

31 December 2022
Read this version
05 December 1969 this version
03 July 1962
Published in Kenya Gazette 28
29 June 1962
Commenced