Temporary Fire Cracker Shop

Point to Remember

There is no need for temporary license if one needs to sell sparklers and amorces up to 100 kilograms. However, one should take all the safety measures and conditions framed by Explosives Rules-2008 to ensure public safety.

If one need to sell mixture of crackers containing sparklers and amorces, temporary fireworks license is compulsory even up to 100 kilograms. The concerned District Deputy Commissioner of Police will grant temporary license to sell fireworks containing 100 kg of class-7, division-2, subdivision-2 together with 500 kg of Chinese sparklers and crackers.

Applicants who wish to procure this temporary license should possess a temporary shed or pucca shop that meet all below mentioned requirements:

General Conditions (for pucca shops as well as temporary sheds)

• Temporary license will be granted only if the shop is situated either in commercial shopping centre or in Commercial Street according to Master Plan Delhi-2021, Section 15.5 & 15.6.3 and 15.6.2. All approved commercial areas are listed in the supplement to the MPD-2021. It is available in all book shops.
• The floor area should be within the limit of 9 sq. metres and 25 sq. metres.
• Applicant should not be less than 18 years and should be free from intoxication and other mental illness.
• There should be at least of 6 metres distance between the shop and motorable road (that excludes raised pavements, pillars, covered drains, kerbs, electric poles etc). The entry and exit of the shop should face the road for easy accessibility in case of fire fighting.

However, all the above mentioned conditions are not applicable for areas that come under decision of the honorable Supreme Court of India which is in regard to CWPs No.499 & 747/93 and 4651/93, in which conditions differ according to the decision is applicable.

Requirements For Pucca Shop

• It should be located only on ground floor of any building and should be partitioned from all other parts of building by heavy walls.
• It should not be located near or under any lift or staircase.
• It should be only on the ground floor and not on the basement or mezzanine floor or sub level.
• The roof of the shop should not be dwelling unit.
• There should be minimum 15 meter distance between the shop and any hazardous, inflammable or explosive storage area.
• However, all the above mentioned conditions are not applicable for areas that come under decision of the honorable Supreme Court of India which is in regard to CWPs No.499 & 747/93 and 4651/93, in which conditions differ according to the decision is applicable.
• There should not be any oil lamp or battery or electrical apparatus that are capable of igniting or sparking. All the electrical wiring should be properly fixed and sealed or mechanically conduited. The circuit breaker or switch should be at easily accessible area outside the shop.
• Shop should possess sufficient ISI recognized firefighting instruments.
• Shop should possess independent emergency exit and entrance in open area. It not, there can be single opening for both exit and entry according to decision of Honorable Supreme Court of India in I.A 1993 in SLP No. 17329/93 Babu Lal & Ors.Vs. DCP/Licensing and Ors. This entry will be good enough in case of evacuation and shall not be open to any other premises.
• The doors of the shop should open outwards. There may also be rolling shutters but only with functional stoppers.

Requirements for Temporary Sheds

• The shed must be made up of non-flammable substance. The shop should be secured and closed to prevent illegal entry of any unauthorized persons.
• There should be at least 3 metres distance between the sheds and 50 metres distance from protected works.
• The sheds must not face each other.
• There should not be any naked lights or gas lamps or oil burning lamps either inside the shed or in the safety distance of sheds for lighting purpose. In case of electrical light, it should be properly fixed to ceiling or wall and should be hanged through flexible wire. Switches should get fixed tightly near to the roof and there should be master switch for every row of continuous sheds.
• No firework display within the distance of 50 metres of the sheds.
• There should be maximum of 50 shops in each cluster.
• Temporary sheds should not be within the premises where there is a fall back area for any nearby commercial or residential areas. It should not be near to any market. It should not disturb traffic or contingency evacuation which includes the movement of pedestrians and emergency vehicles. However, the final decision varies depending on the safety, security and suitability of space.

Know your Rights

If your application for temporary license gets rejected:

• One has got the right to get the clarification from licensing authority before getting rejected.
• There should be proper reason and that has to be mentioned in the rejection letter.
• There is also a chance to appeal the same before Joint Commissioner of Police of concerned region together with Rs.200 as fee in the form of demand draft or cash.
• If the appeal gets upheld by appellate authority, they will refund the amount.

Documentation Required to be Submitted

• Application form (Click to download).
• Notarized affidavit (Click to download).
• The plan of the site proposed which is prepared by a recognized architect.
• Premises photograph - 4 copies (5X7 inches) on various angles that predict the isolation of shop from all nearby premises or shops of same kind.
• Ownership/tenant proof for the proposed site.
• Documents that are provided in the application form checklist.
• Plan of premises: It should display the nearby road, structures electric wiring, distance between the shop and nearby protected areas, transformers, junctions etc.
• Self attested photograph of applicant – copies.
• For temporary sheds, the application form copy surrendered to land owing company to get NOC/tehbazari for temporary fireworks display.
• Application forms can be obtained from any of the police station in Delhi from June 3rd 2013.
• The filled form should be deposited with concerned district DCP before August 5th 2013. The temporary license is valid only between 11-10-2013 and 5-11-2013 (2 days before Dussera festival till two days after Diwali).

Note: All the above guidelines are not exhaustive but only indicative. For further information, please go through Explosives Act 1884 and Explosives Rules 2008.

Storage/ Sale of Poison / Sulphur

For Fresh License

Documents Required

• Prescribed format of application form for sulphur/poison license (Click to Download) in a plain paper.
• Key plan and site of the area prepared by recognized architect along with the undertaking of non-violation as per Master plan 2021.
• Premises photograph from all possible directions displaying the clearance of place.
• Residence, ownership proof attested by any Gazetted Officer.
• If case the application is on behalf of any Firm/ Company, then copy of resolution/minutes/ agenda issued by the company along with registration certificate should be submitted.
• Applicant photograph-2 copies.
• Affidavit.

Procedure

All the required documents and Application form can be produced at Licensing Unit during any working day between 9.30 Am and 12.30 PM.

For Renewal of existing Licenses

Documents Required

• Application form for renewal in a plain sheet of paper.
• Original poison/sulphur license.
• Affidavit.

Procedure

All the required documents together with the application form can be produced at Licensing Unit during working days between 9.30 AM and 12.30 PM.