On the use of pyrotechnic devices

General fire safety requirements for the maintenance
and operation of capital structures (buildings, structures), isolated premises and other facilities owned by 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 - GFS);

Rules for safety during the production and use of pyrotechnic products, approved by the resolution of the Ministry of Emergency Situations of the Republic of Belarus of October 4, 2004 No. 32 (hereinafter - the Rules).

Natural persons

(population, citizens) are permitted to use pyrotechnic articles (PA) of hazard classes I-III in accordance with TR CU 006/2011. When using PAs, it is necessary to follow the instructions for use for a specific PA and the marking designations (in the form of informational text and manipulation signs) applied to the PA and (or) packaging (container). In this case, PAs must have a valid shelf life and a certificate of conformity to the requirements of TR CU 006/2011. The application (use) of PAs for purposes other than intended is not allowed.

In accordance with the Rules, the following places are prohibited for fireworks displays:

territories, buildings, structures, facilities, which due to their technical condition do not ensure the safety of citizens;

places near hazardous and harmful production facilities and objects, as well as transport hubs;

bridges, overpasses, transport main roads, railway rights-of-way, oil, gas and product pipelines, and high-voltage power lines, fire and explosion hazardous facilities;

territories immediately adjacent to hospital buildings
and children's institutions;

territories of objects of significant moral and cultural importance, historical and cultural monuments, cemeteries and religious buildings, nature reserves, sanctuaries, and national parks, places of pilgrimage.

Also, according to clause 21 of the OTPB, the following are not permitted in buildings, structures, and premises:

pyrotechnic devices;

open flames (candles, torches, and other fire effects).

For reference: flares, hand-held colored fire torches, as well as colored smoke and other similar pyrotechnic articles, are generally classified as pyrotechnic articles of Hazard Class I according to TR CU 006/2011, with a hazard zone not exceeding 0.5 m. The hazardous factors in these pyrotechnic articles are flame and high-temperature combustion product jet, fire hazardous elements (hot slags, sparks) scattered within the hazard zone, thermal (infrared) radiation, and specific (harmful) effects of combustion products on humans. When using flares and pyrotechnic articles in spectator stands (even with a hazard zone of 0.5 m), it is impossible to completely exclude

the impact of the specified hazardous factors on humans (including the probability of harm to the life and health of other citizens attending a sporting event).

It should be noted that, based on the findings of a UEFA study on the dangers of using pyrotechnics
at stadiums, the following conclusions were drawn:

there is a significant risk to health and safety when using pyrotechnics in close proximity to other people and when ignoring the safe distance indicated on the pyrotechnic device;

pyrotechnics pose a significant safety risk to those
who use them, other fans, stadium staff, players
and officials;

all pyrotechnic devices indicate a safe application distance, and these restrictions cannot be followed in a stadium filled with fans;

the use of any pyrotechnic device in a football stadium is dangerous.

Identified health and safety risks include -skin burns, ignition of clothing, fire-induced damage to buildings
and hazardous materials, blast impact
on people and structures, toxic effects and smoke, direct impact
to the head, eyes, vision, and hearing, occurrence of panic.

In this regard, the use of flares and other pyrotechnic devices by spectators (fans) at stadiums during international football matches under the auspices of FIFA or UEFA has been prohibited.

Furthermore, in accordance with Article 12 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "On Environmental Protection", citizens are obliged to comply with the requirements established
for the control of domestic noise in premises, on streets,
in courtyards, on the territory of horticultural associations (cooperatives), in recreational areas and other public places. According to subparagraph 7.10 of paragraph 7 of the Rules for the use of residential premises, maintenance of residential and auxiliary premises, approved by the Resolution of the Council of Ministers of the Republic of Belarus of May 21, 2013 No. 399, from 11 p.m. to 7 a.m., actions creating vibration and noise (including through the use of pyrotechnic devices) must not be performed.

For reference: when using pyrotechnic devices, citizens should take into account that the permissible and maximum sound levels in residential premises of a residential building must comply with the requirements

sanitary norms (paragraph 37 of the Sanitary norms, rules and hygienic standards "Requirements for the design, equipment and maintenance of residential buildings", approved by the resolution of the Ministry of Health of the Republic of Belarus dated August 20, 2015 No. 95). At the same time, the permissible noise level is a noise level that does not cause significant discomfort and significant changes in the functional state indicators of systems
and analyzers sensitive to noise (paragraph. 2 of part 1 of paragraph 4 of the Sanitary norms, rules and hygienic standards "Noise in workplaces, in transport, in residential and public buildings and on the territory of residential development", approved by the resolution of the Ministry of Health of the Republic of Belarus
dated November 16, 2011 No. 115. Sound level indicators for areas directly adjacent to residential buildings are indicated in paragraph 9 of Appendix 2 to these sanitary norms).

The use of PI during mass events should be carried out in accordance with the Law on Mass Events
and is only possible with the appropriate decision of the local executive and administrative body in the territory of which it is planned

Holding a public event involving pyrotechnic devices.

For violation of the above-mentioned regulatory legal acts and instructions for the use of pyrotechnic devices, the guilty person may be held liable under Article 23.48 of the Code of Administrative Offenses (KoAP) "Violation of the rules for handling firearms, explosive, flammable, corrosive substances or pyrotechnic products".

For violation of fire safety legislation when using pyrotechnic devices, citizens guilty of this may also be held liable in accordance with Part 1 of Article 23.56 of the Code of Administrative Offenses (KoAP) "Violation of fire safety legislation".

For violation of the rules for the use of pyrotechnic devices, which negligently caused grievous bodily harm or less grievous bodily harm, or damage in a large amount, as well as the same act, which negligently caused death or grievous bodily harm to two or more persons, citizens guilty of this are prosecuted under Article 299 of the Criminal Code (UK) "Violation of the rules for handling firearms, explosive, flammable, corrosive substances or pyrotechnic products".

The use of portable individual means of self-defense in public places of the city, including
in residential courtyards, may lead to a violation of public order
and citizens' peace, which, in accordance with Article 17.1 of the **Code of Administrative Offenses** (KoAP), is qualified as petty hooliganism.

If bodily harm is inflicted or another's property is damaged during the use of portable individual means of self-defense, such actions shall be qualified under Part 1 of Article 339 of the **Criminal Code** (UK) "Hooliganism".

In this case, parents or legal guardians, for failure to fulfill their parental duties, which led to a minor committing an act containing signs of an administrative offense or a crime, but who has not reached the age of administrative or criminal responsibility for the committed act at the time of its commission, will be held administratively liable in accordance
with **Article 9.4** of the **Code of Administrative Offenses** (KoAP).

Bringing individuals and legal entities to justice
for violating public order when using portable individual means of self-defense, as well as introducing prohibitions

on the use of PI in the territory of a specific administrative-territorial unit is not within the competence of the Ministry of Emergency Situations.

In accordance with the Law of the Republic of Belarus of January 4, 2010
No. 108-Z "On Local Government and Self-Government in the Republic of Belarus" and the Law of the Republic of Belarus of July 17, 2007
No. 263-Z "On Internal Affairs Bodies of the Republic of Belarus", the protection of public order and public safety, as well as the prevention, detection, and suppression of crimes and administrative offenses are within the competence of executive
and administrative bodies and internal affairs bodies.

According to Article 3.30 of the Code of Administrative Offenses (CAO), protocols on administrative offenses may be drawn up by authorized
officials:

internal affairs bodies (under Articles9.4, 17.1, 23.48 of the CAO);

bodies exercising state supervision in the field of industrial safety and safety of transportation of dangerous goods
(under Article 23.48 of the Code of Administrative Offenses);

state fire supervision bodies of the Ministry of Emergency Situations of the Republic of Belarus under Articles 23.48
(for offenses committed when handling flammable substances and pyrotechnic products) and 23.56 of the Code of Administrative Offenses);

emergency bodies and units (under Article 23.56 of the Code of Administrative Offenses)».