S.I. No. 129/1984 - Keeping of Fireworks Order, 1984.

S.I. No. 129 of 1984.

KEEPING OF FIREWORKS ORDER, 1984.

The Government, in exercise of the powers conferred on them by sections 40 and 83 of the Explosives Act, 1875, as adapted by or under subsequent enactments, hereby order as follows:

1. This Order may be cited as the Keeping of Fireworks Order, 1984.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

"fireworks to which this Order applies" means shop goods within the meaning of the Order of 1906;

"the Order of 1896" means the Order in Council relating to premises registered for the keeping of mixed explosives made under the Explosives Act, 1875, on the 26th day of October, 1896;

"the Order of 1906" means the Order in Council relating to the keeping of fireworks on registered premises made under the said Act on the 11th day of May, 1906;

"the Order of 1912" means the Order in Council relating to the keeping of mixed explosives on registered premises made under the said Act on the 16th day of December, 1912.

4. Rule 2.1. of Part I of the Order of 1896 shall, in so far as it applies to premises on which only fireworks to which this Order applies are kept, have effect as if ", situated at a safe distance from any highway, street, public thoroughfare or public place," were deleted.

5. In so far as the provisions referred to in paragraphs (a) and (b) of this Article apply to cases where the only fireworks for the time being kept on premises are fireworks to which this Order applies—

(a) Article 2 of the Order of 1906 shall cease to have effect, and

(b) the Order of 1912 shall have effect as if the following paragraph were substituted for paragraph (2) of the first Article:

"(2) If the only explosive kept be one or more of the following:

(a) fireworks to which the Keeping of Fireworks Order, 1984, applies

(b) ammunition of the 1st Division of Class 6,

the maximum shall be:

Provided, however, that the maximum allowed to be kept in any room in the premises in which fireworks are sold to members of the public or to which members of the public have access, shall be 100 lbs.".

6. In so far as the provisions referred to in paragraphs (a) and (b) of this Article apply to cases where more than one hundred pounds of fireworks to which this Order applies are kept in Mode B specified in Rule 2.1. of Part I of the Order of 1896 on premises registered for the keeping of mixed explosives (not being fireworks kept in a room in the premises in which fireworks are sold to members of the public)—

(a) Article 3 of the Order of 1906 shall cease to have effect, and

(b) the said Rule 2.1. shall have effect as if, in addition to the requirements specified therein for keeping in the said Mode B, there were also specified the requirements that the substantial receptacle referred to therein should be a closed metal container exclusively appropriated to keeping fireworks to which this Order applies and that not more than one hundred pounds of fireworks should be kept in any such container.

GIVEN under the Official Seal of the Government, this 1st

day of May, 1984.

GARRETT FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

Explosives are required by Order to be kept either in a special building or excavation conforming to specified requirements, including a requirement that it is at a safe distance from any highway or other public place, (such keeping is called "Mode A"), or in a substantial receptacle conforming to specified requirements, (such keeping is called "Mode B"). When certain fireworks known as "Shop Goods" (i.e. the smaller types of fireworks such as toy gun caps) are kept, either alone or with certain kinds of ammunition only, the maximum quantity which may be kept in Mode A is 400 lbs. and in Mode B 100 lbs. Under this Order, when such fireworks are kept alone in Mode A, it is no longer requisite that the building or excavation should be at any special distance from any highway or other public place and, where they are kept alone or with those kinds of ammunition, the maximum amount is increased to 2,000 lbs.; when such fireworks are kept in Mode B, either alone or with those kinds of ammunition, the maximum amount is increased to 500 lbs., but only 100 lbs. may be kept in any room in which fireworks are sold to the public or to which the public have access, and where more than 100 lbs. is kept altogether any fireworks not in a room where they are sold to the public must be kept in secured metal containers used only for that purpose and not containing more than 100 lbs. each.