N.Y. Comp. Codes R. & Regs. tit. 9 § 225.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 225.2 - Registration

(a) A manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer must annually register with the Office of Fire Prevention and Control using forms prescribed by such office. Temporary seasonal retailers must register with the Office of Fire Prevention and Control per season, as specified in the General Business Law 392-j.

(b) The Office of Fire Prevention and Control shall develop a registration form, to be maintained on its website.

(c) The Registration form shall contain the following:

(1) Business name. The form shall provide the full legal name of the registrant and, if applicable, any assumed name under which the registrant does business.

(2) Address or addresses. The form shall provide the full street address of the location where the registrant will conduct business and shall specify the jurisdiction (city, town or village) and county in which such location is located. Any specialty retailer, permanent retailer or temporary seasonal retailer that sells sparkling devices at more than one location may submit one registration form for all locations, but must provide the full street address, jurisdiction, and county of each location. Any manufacturer, distributor or wholesaler that conducts business at more than one location must submit a separate registration form for each location.

(3) Telephone number. The form shall provide the registrant's business telephone number.

(4) Principals. If the registrant is a corporation, limited liability company, general partnership, limited partnership, or other business entity, the form shall provide the name and title of each principal of the registrant. The term principal of the registrant includes each officer of a corporation, each member or manager of a limited liability company, each general partner in the general partnership or limited partnership, and each person in charge of the operation or management of any other business entity.

(5) Contact person. The form shall provide the name of and contact information for an individual designated by the registrant as the registrant's contact person. The contact information shall include all telephone numbers, cell phone numbers, email addresses, and other means of contacting the individual at any time, 24 hours a day, 7 days a week.

(6) Verification. The form shall include a verification clause indicating that the person signing the registration form certifies, under penalties of perjury, that the person is duly authorized to sign the registration form on behalf of the registrant; that the information provided in the registration from is true and complete; that each location where the registrant will conduct business as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or temporary seasonal retailer is in compliance with 19 NYCRR Part 1215, the Uniform Fire Prevention and Building Code; and that each location where the registrant will conduct business as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or temporary seasonal retailer is located in a city or county that has opted by local law pursuant to section 405.00(5)(b) of the Penal Law to exclude sparkling devices from the definitions of fireworks and dangerous fireworks.

(7) Signature. The form shall provide the name and title of the authorized representative signing the form on behalf of the registrant and shall be signed by such authorized representative in the presence of a notary public.

(8) Notarization. The form shall include a jurat that must be completed and signed by the notary public in whose presence the form is signed.

(d) As part of each registration package and as part each application for renewal of a registration, the registrant shall provide:

(1) For each building or structure in which the registrant will conduct business, a copy of the report of the most recent property maintenance and fire safety inspection conducted by the authority having jurisdiction, pursuant to 19 NYCRR Part 1203 or 19 NYCRR Part 1204 as applicable, and a copy of any operating permit if so issued.

(2) A current copy of Federal permit under 18 USC 843, if applicable; and

(3) A Certificate of Insurance evidencing commercial general liability coverage inclusive of products/completed operations. This coverage shall have a minimum limit of $1,000,000 and shall list the New York State Division of Homeland Security and Emergency Services Office of Fire Prevention and Control as a certificate holder.

(e) As part of any registration process, including renewals, the Office of Fire Prevention and Control shall be authorized to perform an inspection to assure compliance with this section.

(f) Applications for registration renewals for manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer shall be made 60 days prior to the expiration of the current certificate of registration. Applications for registration renewals for temporary seasonal retailers shall be made 60 days prior to the start of the desired selling season, consistent with the dates specified in the General Business Law section 392-j. Registration renewals shall be on the form prescribed by the Office of Fire Prevention and Control and meet the requirements outlined in this section.

(g) The certificate of registration authorizes a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, or temporary seasonal retailer to sell sparkling devices in this State during the dates specified in General Business Law section 392-j.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 225.2

Adopted New York State Register March 23, 2016/Volume XXXVIII, Issue 12, eff.3/23/2016