How to get a Temporary Firecrackers Licence?

Last Updated at: October 22, 2019
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How to get a Temporary Firecrackers Licence?

With Diwali just around the corner, if you are looking to set up a temporary firecrackers stall, then this is for you. Lately, there has been a lot of speculation regarding the sale of crackers owing to environmental safety. You do not want to be caught in the hands of the government authorities for the illegal sale of crackers in the holiday season. Do you?

Here is a detailed guide about how to obtain a temporary license for selling firecrackers this Diwali. The article will cover the following points: 

  • What are the different kinds of license for the sale of crackers? 
  • What are the criteria for availing a temporary license for sale of crackers?
  • What are the documents needed for availing of the temporary license for sale of crackers?

What are the different kinds of license for the sale of crackers? 

The procedure for obtaining any sort of license for the sale of crackers is the same throughout the country. The sale of firecrackers is regulated in accordance with the provisions of the Explosive Rules 2008 under the Explosives Act. Chapter VII of the statute lays down these specifications for conditions for temporary licenses. 

If you are planning to sell only amorces and sparklers up to 100 kgs then you do not require a temporary license. However, you need to adhere to all safety regulations and take the necessary measures in the interest of public safety at large, as per the Explosives Rules 2008.  

If you want to sell mixed types of crackers (including amorces, sparklers and other types of firecrackers) upto 100 kgs or more you need to apply for a temporary fireworks license. Primarily, there are two types of licenses which can be availed under the said statute: 

  • Temporary licences: For selling fireworks upto 600 kg (100 kg of manufactured fireworks of class-7, division-2, subdivision-2 plus 500 kg of Chinese crackers or sparklers) the temporary license will be granted by the concerned district Deputy Commissioners of Police
  • Permanent licences: The permanent fireworks licences will be granted by Additional Commissioner of Police and is granted only for a shop located on a commercial street or in a commercial shopping centre, as per the Master Plan of the city. 

If you wish to apply for a temporary license for selling “green firecrackers” of a maximum 600 kgs,  you may have to set up a “pucca shop” or “temporary shed”. 

Note: “Green firecrackers”  are firecrackers that have low levels of pollution-causing chemicals like aluminium, potassium nitrate, and carbon that are generally used in making firecrackers. The “green” crackers are manufactured to reduce at least 15-30% of emissions and are tested for colour, brightness, smoke, noise and particulate matter.

What are the criteria for availing a temporary license for sale of firecrackers?

The following criteria should be met to obtain a temporary license for the sale of crackers as per the provisions of the Explosive Rules 2008 under the Explosives Act. 

    • The shop must be located on a commercial street or in a commercial centre 
    • The shop should have a minimum floor area of 9 square meters and a maximum floor area of 25 square meters.
    • The person who wishes to set up the shop must be above 18 years of age. Persons addicted to intoxication and of unsound mind will not be granted the license.  
    • The shop must be located on a clear motorable road that is at least 6 metres wide, excluding electric poles, kerbs, covered drains, pillars with entry and exit facing the road so that it is accessible for firefighting.        

Get Your Trade License

Pucca shop

  • The shop must be located on the ground floor of a building and should not be located in sub-level or basement or mezzanine floor.
  • The upper floor should not be a dwelling unit.
  • The shop should be beyond 15 meters distance from any other shop or premise used for storage of any explosive, inflammable or hazardous material.
  • The shop should have no electrical apparatus or battery or oil lamp or similar equipment capable of producing spark or ignition and all electrical wiring in the shop should be fixed and effectively sealed or conducted or mechanically protected. The main switch or circuit breaker should be provided at an immediate accessible position outside the premises.
  • The shop should have an adequate ISI approved fire fighting equipment.
  • The shop should have an independent entrance and emergency exit from open space.
  • The shop should have doors opening outwards. Alternatively, the shop may have rolling shutters but the same must be provided with stoppers, which must be functional.

Temporary sheds

  • The shed should be of non-flammable material. It should be closed and secured so as to prevent unauthorized persons from having access to it.
  • The sheds should be at a distance of at least 3mtrs from each other and 50 meters from any protected works.
  • The sheds should not be facing each other.
  • No oil-burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light if used shall be fixed to the wall or ceiling and should not be suspended by flexible wire. Switches should be fixed rigidly near the ceiling and a master switch should be provided for each row of sheds.
  • Display of fireworks shall not be allowed within 50 meters of any sheds.
  • In one cluster not more than 50 shops shall be permitted. 
  • Temporary sheds shall not be permitted in such open space which serves as the only fall back area for nearby residential or commercial areas. The area for temporary sheds should not be close to any busy market. Temporary sheds should be so located that these do not affect the circulation of traffic, contingency evacuation including the movement of emergency vehicles and smooth movement of pedestrians. A decision on the above shall be on a case to case basis depending upon the suitability of place from public security and safety point of view.

What are the documents needed for availing the temporary license for sale of crackers?

Anyone who is applying for a temporary license for the sale of crackers and fireworks should have the following documents in original as well as copies:

  • Application form
  • Notarized affidavit
  • Site plan of the premises prepared by a registered architect.
  • The site plan should clearly show the approach road, electric wiring network, nearby structures and distances from nearby protected works as well as telephone junctions, transformers, etc
  • Four photographs of the premises (5X7 inches) from different directions depicting the clearance from adjoining shops/premises and other shops of similar nature.
  • For temporary sheds, a copy of the application must be submitted to the land-owning agency for obtaining its NOC.
  • Proof of ownership/tenancy of the premises.
  • Any other documents as prescribed in the checklist available with the application form.
  • The applicant must be above the age of 18 years.

In case your application for the temporary license is rejected, 

  1. You can apply to the licensing authority 
  2. The licensing authority must intimate the ground of rejection in writing 
  3. You also have the right to appeal before the Joint Commissioner of Police of the concerned range along with a prescribed fee in cash or DD
  4. In case of appeal is upheld by the appellate authority, the fee shall be refunded to you.

 

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How to get a Temporary Firecrackers Licence?

3800

With Diwali just around the corner, if you are looking to set up a temporary firecrackers stall, then this is for you. Lately, there has been a lot of speculation regarding the sale of crackers owing to environmental safety. You do not want to be caught in the hands of the government authorities for the illegal sale of crackers in the holiday season. Do you?

Here is a detailed guide about how to obtain a temporary license for selling firecrackers this Diwali. The article will cover the following points: 

  • What are the different kinds of license for the sale of crackers? 
  • What are the criteria for availing a temporary license for sale of crackers?
  • What are the documents needed for availing of the temporary license for sale of crackers?

What are the different kinds of license for the sale of crackers? 

The procedure for obtaining any sort of license for the sale of crackers is the same throughout the country. The sale of firecrackers is regulated in accordance with the provisions of the Explosive Rules 2008 under the Explosives Act. Chapter VII of the statute lays down these specifications for conditions for temporary licenses. 

If you are planning to sell only amorces and sparklers up to 100 kgs then you do not require a temporary license. However, you need to adhere to all safety regulations and take the necessary measures in the interest of public safety at large, as per the Explosives Rules 2008.  

If you want to sell mixed types of crackers (including amorces, sparklers and other types of firecrackers) upto 100 kgs or more you need to apply for a temporary fireworks license. Primarily, there are two types of licenses which can be availed under the said statute: 

  • Temporary licences: For selling fireworks upto 600 kg (100 kg of manufactured fireworks of class-7, division-2, subdivision-2 plus 500 kg of Chinese crackers or sparklers) the temporary license will be granted by the concerned district Deputy Commissioners of Police
  • Permanent licences: The permanent fireworks licences will be granted by Additional Commissioner of Police and is granted only for a shop located on a commercial street or in a commercial shopping centre, as per the Master Plan of the city. 

If you wish to apply for a temporary license for selling “green firecrackers” of a maximum 600 kgs,  you may have to set up a “pucca shop” or “temporary shed”. 

Note: “Green firecrackers”  are firecrackers that have low levels of pollution-causing chemicals like aluminium, potassium nitrate, and carbon that are generally used in making firecrackers. The “green” crackers are manufactured to reduce at least 15-30% of emissions and are tested for colour, brightness, smoke, noise and particulate matter.

What are the criteria for availing a temporary license for sale of firecrackers?

The following criteria should be met to obtain a temporary license for the sale of crackers as per the provisions of the Explosive Rules 2008 under the Explosives Act. 

    • The shop must be located on a commercial street or in a commercial centre 
    • The shop should have a minimum floor area of 9 square meters and a maximum floor area of 25 square meters.
    • The person who wishes to set up the shop must be above 18 years of age. Persons addicted to intoxication and of unsound mind will not be granted the license.  
    • The shop must be located on a clear motorable road that is at least 6 metres wide, excluding electric poles, kerbs, covered drains, pillars with entry and exit facing the road so that it is accessible for firefighting.        

Get Your Trade License

Pucca shop

  • The shop must be located on the ground floor of a building and should not be located in sub-level or basement or mezzanine floor.
  • The upper floor should not be a dwelling unit.
  • The shop should be beyond 15 meters distance from any other shop or premise used for storage of any explosive, inflammable or hazardous material.
  • The shop should have no electrical apparatus or battery or oil lamp or similar equipment capable of producing spark or ignition and all electrical wiring in the shop should be fixed and effectively sealed or conducted or mechanically protected. The main switch or circuit breaker should be provided at an immediate accessible position outside the premises.
  • The shop should have an adequate ISI approved fire fighting equipment.
  • The shop should have an independent entrance and emergency exit from open space.
  • The shop should have doors opening outwards. Alternatively, the shop may have rolling shutters but the same must be provided with stoppers, which must be functional.

Temporary sheds

  • The shed should be of non-flammable material. It should be closed and secured so as to prevent unauthorized persons from having access to it.
  • The sheds should be at a distance of at least 3mtrs from each other and 50 meters from any protected works.
  • The sheds should not be facing each other.
  • No oil-burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light if used shall be fixed to the wall or ceiling and should not be suspended by flexible wire. Switches should be fixed rigidly near the ceiling and a master switch should be provided for each row of sheds.
  • Display of fireworks shall not be allowed within 50 meters of any sheds.
  • In one cluster not more than 50 shops shall be permitted. 
  • Temporary sheds shall not be permitted in such open space which serves as the only fall back area for nearby residential or commercial areas. The area for temporary sheds should not be close to any busy market. Temporary sheds should be so located that these do not affect the circulation of traffic, contingency evacuation including the movement of emergency vehicles and smooth movement of pedestrians. A decision on the above shall be on a case to case basis depending upon the suitability of place from public security and safety point of view.

What are the documents needed for availing the temporary license for sale of crackers?

Anyone who is applying for a temporary license for the sale of crackers and fireworks should have the following documents in original as well as copies:

  • Application form
  • Notarized affidavit
  • Site plan of the premises prepared by a registered architect.
  • The site plan should clearly show the approach road, electric wiring network, nearby structures and distances from nearby protected works as well as telephone junctions, transformers, etc
  • Four photographs of the premises (5X7 inches) from different directions depicting the clearance from adjoining shops/premises and other shops of similar nature.
  • For temporary sheds, a copy of the application must be submitted to the land-owning agency for obtaining its NOC.
  • Proof of ownership/tenancy of the premises.
  • Any other documents as prescribed in the checklist available with the application form.
  • The applicant must be above the age of 18 years.

In case your application for the temporary license is rejected, 

  1. You can apply to the licensing authority 
  2. The licensing authority must intimate the ground of rejection in writing 
  3. You also have the right to appeal before the Joint Commissioner of Police of the concerned range along with a prescribed fee in cash or DD
  4. In case of appeal is upheld by the appellate authority, the fee shall be refunded to you.

 

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.