feuerwerk-anwaltskanzlei-luzern
– December 31, 2023

Happy New Year!

Every year, the night sky lights up in bright colours on New Year’s Eve and fireworks go off all over the world. However, setting off fireworks is not always permitted and – if done incorrectly – can go very wrong.

Firstly, it should be stated that fireworks are considered pyrotechnic articles within the meaning of Art. 7 lit. a of the Explosives Act (SprstG). Therefore, as with explosives, the basic rule of Art. 17 SprstG applies to them: Anyone who handles pyrotechnic objects is obliged to take all reasonable measures required by the circumstances to make them safe and to protect life and property. Responsibility for the safe setting off of fireworks lies with the person setting off the fireworks. They are therefore liable should any damage occur. Anyone who disregards this basic rule can be penalised with a fine or even imprisonment in accordance with Art. 38 para. 1 SprstG.

According to Art. 68 Para. 1-3 of the Explosives Ordinance (SprstV), smoking must be refrained from when handling fireworks and there must be no fire or naked flames in the vicinity. Highly flammable liquids and substances must also be kept away.

In addition, depending on the category of fireworks (F1-F3 according to the SprstV appendix), the appropriate distance must be maintained from houses, cars and other objects, as well as from people outdoors, as fireworks can ignite even at a great distance. It is also advisable to have extinguishing agents such as a fire extinguisher, a fire blanket or a bucket of water to hand. Doors, windows and skylights should be closed and the blinds pulled up.

Please also observe the regulations on the minimum age that applies depending on the category of fireworks.

Auch ist es grundsätzlich verboten, Feuerwerk an anderen Tagen zu zünden, das ist gemäss bundesgerichtlicher Rechtsprechung grundsätzlich nur am 1. August und an in der Silvesternacht erlaubt. Für alle anderen Tage des Jahres bedarf es für ein Feuerwerk einer Bewilligung.

We wish you a smooth and accident-free start to the new year and look forward to working with you.

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