Gospromnadzor responds

Question 1. Is it permissible to use pyrotechnic devices (regardless of their purpose) in buildings, structures, and premises, including on stage, within the territory of the Republic of Belarus?

In accordance with clause 21 of the General Fire Safety Requirements for the Maintenance and Operation of Capital Structures (Buildings, Structures), Isolated Premises, and Other Objects Belonging to Business Entities, approved by Decree of the President of the Republic of Belarus of November 23, 2017, No. 7 "On the Development of Entrepreneurship" (hereinafter referred to as the General Fire Safety Requirements), the use of pyrotechnic devices (regardless of their purpose) and open flames (candles, torches, and other fire effects) is prohibited in buildings, structures, and premises.

At the same time, clause 18 of the General Fire Safety Requirements establishes that cultural events and film production in open areas involving open flames, pyrotechnic devices, and fireworks must be carried out in accordance with the plan of organizational and technical measures to ensure fire safety during the preparatory period and the period of conducting such events, approved by the head of the business entity.

Furthermore, in accordance with paragraph 3 of clause 53 of the Industrial Safety Regulations for Handling Pyrotechnic Devices, fireworks displays are not permitted in buildings, structures, and premises.

Thus, the use of pyrotechnic devices (regardless of their purpose) in buildings, structures, and premises is prohibited, including on stage, if it is located inside a building, structure, or premise.

If the scene is not located within a building, structure, or premises, the use (operation) of pyrotechnic articles (regardless of their purpose) is permitted in accordance with the requirements of the operating documentation or approved technological instructions (technological processes) developed taking into account the fire safety requirements, determined in accordance with the fire safety rules in accordance with the current legislation of the Customs Union member states.

Question 2. Are legal entities that do not have a permit (license) allowed to conduct fireworks displays or other entertainment events involving the use of technical pyrotechnic articles (regardless of hazard class) in the territory of the Republic of Belarus?

In accordance with the Technical Regulation of the Customs Union "On the Safety of Pyrotechnic Articles" TR CU 006/2011, legal entities that have a permit (license) for this type of activity in accordance with the requirements of the legislation of the Customs Union member state on whose territory the display (event) is held are allowed to conduct fireworks displays or other entertainment events involving the use of technical pyrotechnic articles.

Also, the Rules for ensuring industrial safety when handling pyrotechnic articles establish that legal entities that have a permit (certificate) for the right to conduct fireworks displays using technical pyrotechnic articles of hazard classes IV and V in accordance with the Technical Regulation of the Customs Union "On the Safety of Pyrotechnic Articles" TR CU 006/2011, issued by the State Industrial Supervision Authority, are allowed to conduct fireworks displays using technical pyrotechnic articles.

Therefore, legal entities that do not have a permit (certificate) issued by Gospromnadzor cannot be admitted to conducting fireworks displays.

Question 3. Which state body is authorized to exercise control (supervision) over the circulation (sale, use, storage) of technical pyrotechnic products (regardless of hazard class) in the Republic of Belarus?

In accordance with the Decree of the President of the Republic of Belarus of February 9, 2015 No. 48 "On Measures to Ensure State Control (Supervision) over Compliance with Technical Regulations" and the Resolution of the Council of Ministers of the Republic of Belarus of June 24, 2015 No. 529 "On Authorized (Competent) Bodies of the Republic of Belarus for Exercising State Control (Supervision) over Compliance with the Requirements of Technical Regulations of the Customs Union, the Eurasian Economic Union," the authorized (competent) bodies of the Republic of Belarus responsible for exercising state control (supervision) over compliance with the requirements of the Customs Union Technical Regulation "On the Safety of Pyrotechnic Products" TR CU 006/2011 are determined to be the Ministry of Emergency Situations of the Republic of Belarus and the State Committee for Standardization of the Republic of Belarus:

Ministry of Emergency Situations — state supervision over compliance with the requirements of the technical regulations of the Customs Union, the Eurasian Economic Union in the field of fire and industrial safety.

The State Committee for Standardization of the Republic of Belarus — state control (supervision) over compliance with the requirements of the Technical Regulations of the Customs Union, the Eurasian Economic Union, and indicators not included in the Technical Regulations of the Customs Union, the Eurasian Economic Union, but declared by the manufacturer (seller, supplier, importer) of the product in supply (sale) agreements, in its labeling or operating documentation.

In this regard, in accordance with the Regulation on the Department for Supervision of Safe Industrial Operations of the Ministry of Emergency Situations of the Republic of Belarus, approved by Decree of the President of the Republic of Belarus of November 14, 2022, No. 405, and the Law of the Republic of Belarus of January 5, 2016, No. 354-3 "On Industrial Safety," state supervision over the conduct of activities in the field of industrial safety related to the storage of pyrotechnic products of any purpose (except for storage in warehouses of retail outlets) and the use of pyrotechnic products of hazard classes IV and V is carried out by Gospromnadzor. Also, within its competence, Gospromnadzor carries out state supervision over compliance with the requirements of TR CU 006/2011 in the field of industrial safety (including those established by the Rules for ensuring industrial safety when handling pyrotechnic products regarding the processes of sale and storage of technical pyrotechnic products and the use of pyrotechnic products of hazard classes IV and V).