A stray New Year's Eve rocket that sets a house on fire, a firecracker that causes hearing damage, a car that is damaged by fireworks: many a wild New Year's Eve ends with fire brigade sirens and ambulances. Which insurance companies actually pay for New Year's Eve damage?
The basic rule is: If someone else is injured when a fireworks rocket is ignited or a firecracker fires, private liability insurance will cover this. However, the prerequisite for this is that the damage was not caused intentionally, all legal regulations were adhered to and fault can be proven. For example: the distance was misjudged or the rocket was placed awkwardly.
Furthermore, according to case law, personal liability insurance does not have to be taken into account if damage is caused by firecrackers/rockets etc. “out of the mere desire to destroy/wanton”. Reason: Deliberately creating a dangerous situation is not one of the dangers of everyday life.
What is prohibited by law and what can mayors allow?
The shooting of fireworks is regulated in the Pyrotechnics Act § 38: The use of pyrotechnic objects in category F2 is prohibited in the local area. According to Section 2 Paragraph 1 Z 15 StVO, the local area is to be understood as the road network within the signs “Town sign” and “Ortsende”. The certified pytotechnicians also know where they are allowed to shoot the categories F3 and F4, which other people are not allowed to shoot at all.
Mayors are entitled, under certain conditions, to exempt parts of the local area from this ban, provided that, in accordance with local conditions, the use avoids endangering the life, health and property of people or public safety as well as unreasonable noise pollution. In principle, no fireworks may be shot off near gas stations, hospitals, children's homes, retirement homes, rest homes, churches, places of worship, animal shelters and zoos and therefore no exceptions may be granted.
In practice, there is hardly a mayor who takes the risk of an “exceptional ordinance”.
Categories of fireworks:
Fireworks are pyrotechnic objects that contain explosive substances or mixtures of substances. These are classified into 4 main categories depending on how dangerous they are, are subject to special laws and are regulated when they are released.
Category F1
Minimum age: 12 years
Fireworks that pose a very low hazard, have negligible noise levels and can be used in enclosed areas, including fireworks intended for use inside residential buildings. E.g.: crackers, crackers, table fireworks, sparklers, party poppers
Category F2
Minimum age: 16 years
Fireworks that pose a low hazard, have a low noise level and are intended for use in restricted outdoor areas. E.g.: rockets, batteries, composite fireworks, Roman lights, firecrackers
Category F3
Minimum age: 18 years - expertise required (pyrotechnics card) and approval certificate Fireworks that pose a medium risk, are intended for use in wide, open outdoor areas and whose noise level does not endanger human health. E.g.: rockets, batteries, Roman lights, firecrackers, etc.
Category F4
Minimum age: 18 years - specialist knowledge required (pyrotechnics certificate) and
Approval notice
Fireworks that pose a great danger, are intended only for use by persons with appropriate specialist knowledge and whose noise level does not endanger human health. e.g. E.g.: ball bombs, cylinder bombs, batteries, single shots, fountains, etc.
Do municipalities have to authorize dangerous fireworks displays?
No. When it comes to fireworks that require a permit, it is not the municipality that is responsible, but rather the district administrative authority; In municipalities for which the State Police Directorate is also the first instance security authority, the State Police Directorate is responsible (§5 Paragraph 1 PyroTG 2010). This also applies if the community wants to set off fireworks themselves.
Current information on New Year's crackers and fireworks, requirements for use and possession, restrictions on the use of New Year's crackers and fireworks can be found at the following links:
Requirements for use or ownership
Restrictions on the use of New Year's Eve crackers/fireworks
Related Links
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