Do I need a variance?

[bungy]

I need help determining if I need a laser show variance (I am in the US). I am just a hobbyist who wants to display laser graphics on the front of my house on Halloween.
I like for my house to be a destination on Halloween, and I set up decorations, arcade games (free play), a laser show, and give out good candy.

In fact, I have been doing this for years, but now I want to be compliant with all US regulations.
I have done some searching here, but am having trouble understanding the variance process, and if it even applies to me.

I have been using a Pluto II laser (no manufacturer variance), but I will be purchasing a Kvant ClubMAX 3 FB4 (already have a BEYOND license).
The public is restricted from the area between the projector and the screen. The screen is 3 meters away from the public, in the horizontal direction. However, the bottom of the screen is ~7' above the ground, which breaks the 2-meter-above-heads rule, but no one is allowed in that area anyway (blocked by caution tape and obstacles).

I have seen something about "regulation of commerce" coming into play regarding the CDRH, and I think that may apply to me.
I am not a business, and I do not accept payment, donations, or compensation of any kind, for any reason, either directly or adjacently related to my laser display activity on Halloween.
https://www.photonlexicon.com/forums...630#post356630

The CDRH draws all of it's power from the "regulation of commerce" clause. So technically, the requirement to have a laser light show variance is not triggered by the act of doing a show, but rather by engaging in commerce with the laser product.

I have also read that the FAA likes to know about outdoor laser activity. My laser show is terminated on a sheet hanging from my gutter and tied to cinder blocks on the bottom.
Since the laser is terminated, it appears I may not need to contact the FAA, is this correct?
https://www.photonlexicon.com/forums...685#post346685

As long as it is fully terminated, you do not have to file for an FAA letter of non objection but, good for asking.

When I get the ClubMAX laser, will I need to get a laser show variance, and do I need to notify the FAA?

[araugh]

Purely from a legal standpoint, yes you need a variance. Even if it's for home, non-commercial use, in the US buying a class 3B or class 4 system requires a variance for a legal purchase and a reputable company like Kvant won't sell a system without the purchaser getting a variance.

For FAA, no notification needed for the show you describe here because it's fully terminated.

[bungy]

Thank you for the clarification. I am trying to decipher the FDA Form 3147 - I will be back later with some specific questions in this thread.

First question - the variance needed for purchase would be a "show" variance, not a "manufacturer" variance?

EDIT: It looks like everything I need is on the FDA website: https://www.fda.gov/radiation-emitti...er-light-shows

In my forum searching I did see someone say that they used https://lasersafetyservices.com/ to get their variance in order. Does anyone with experience know if this service worth paying for?

[araugh]

You're actually getting a manufacturer's variance but the thing you're manufacturing is a show. It's weird and confusing but that's how they word it.

No need for you to learn how to file or pay for a variance. Any reputable manufacturer is going to help you with that for your first purchase

[buffo]

To clarify Adam's point, the reason the commerce clause applies is because you have to *purchase* the laser projector. That purchase is the commerce that gives the CDRH the teeth to go after the seller's records, and from those records they can find the people who bought from them.

You are correct in that there is no commerce involved if you are simply operating a laser projector on your own property, provided you're not charging admission of course. The issue then becomes, "where did the laser projector come from?"

The only "legal" way to do a Halloween laser display on your house WITHOUT having a laser light show variance is if you built the laser projector yourself out of component parts, AND you don't charge admission. In this specific case, the CDRH doesn't have any jurisdiction. Not that I'm advocating this, but it is an example of one of the edge cases where the CDRH doesn't have authority.

Note, however, that the local police and fire department may still have something to say about the display, especially if it can be shown to be creating a public hazard.

In fact, even if you have your variance and are following the rules, the police and/or the fire marshal can still tell you to shut the lasers off. Fire Marshals in particular have a *lot* of power, and of course, the police have guns, so while you might be able to beat the rap by going to court, you're not going to win any arguments with the police on site if they decide to shut you down.

The FAA could also get involved if you are sending un-terminated beams into the air that create a potential hazard to aircraft, but admittedly this is unlikely, unless you're doing something galactically stupid like trying to target a plane or helicopter.

As an aside, assuming that you bought the Pluto II projector from China, it's almost certainly *not* a certified projector and was probably imported into the USA illegally. This means that even if you purchase a certified projector from KVant, and they help you get your laser light show variance (which, confusingly, is also referred to as a manufacturer's variance) so you can start doing commercial laser shows, you still won't be able to use that Pluto II projector until someone is willing to certify that unit.

At one point, Walt Meador (R.I.P.) was legally importing Lightspace projectors (including the Pluto II series) from China, certifying them as compliant under his laser product manufacturer's variance, and selling them here in the USA to people who already had their variance, but since he passed away, I'm not sure who (if anyone) has taken over that responsibility.

All this being said, if you want to set up a laser projector on your property and have it write "Happy Halloween" in spooky green text on the side of your house, then as long as you are smart about how you set everything up, you will most likely be just fine. Despite all the legal issues above, the truth is that such a display is unlikely to create a public health hazard, and the CDRH has bigger fish to fry in any case.

Here's the key steps to keep in mind:

1) make absolutely certain that the beams are fully-terminated on a solid structure so that no beams can leave your property.
2) ensure that all beams are at least 3 meters above the ground.
3) ensure the projector is *rigidly* mounted on a solid and stable platform that will not tip over.
4) mask the projector aperture so that any failure of the scanning system can not send a stray beam outside of the projection area.
5) be sure the display is not creating a distraction to car traffic in front of your house.

If you abide by these simple steps, you will probably be just fine.

Worst case, if the police show up and ask you to turn off the laser projector, you say, "Yes sir!" and you shut it down and pack it up right then.

Adam

[bungy]

Thank you buffo for the very detailed response! Even though my setup is not legit, I have been taking as many reasonable precautions as I can. I truly do not want to make a dangerous situation for anybody. I have ordered the ClubMAX 3000 from Pangolin (with Saturn scanners!) and they are going to handle the variance for me. Probably will not be ready in time for this Halloween.

The point about commerce including my purchase of said projector is enlightening and noted - this was definitely not clear to me before. I am fully aware my Pluto II is not certified/compliant with anything (am I incriminating myself here?).

I would certainly comply with local fire/police authorities, even with a variance, I am not looking to make any kind of point. If anyone ever does come knocking, I just want to be able to say I'm trying to do everything within the law, here's my documentation, if you want it off I'll turn it off.

I am well aware of the FAA's sensitivity to laser beams, I have seen lots of youtube videos about this. I never put beams into the sky.

1. No beams ever leave my property. Beams are terminated on a grey sheet that is secured on four corners. My house is behind it, but there is also a window there. Perhaps I should cover the window with something, but what? Cardboard might burn (my siding is asbestos).

2. Beams terminate maybe 7ft from the ground, not quite 3 meters, I'll see what I can do.

3. I am using a tripod-style speaker stand with a custom plywood platform that the projector rests on. There are angle-aluminum guides to keep it in place, but the projector is not secured to anything. The tripod can also tip over with enough force, but it is reasonably stable. This seems like the most wrong thing in my setup. Not sure what else I could do.

4. I don't really know how to do this. Maybe enlarge the test pattern to the edge of my screen, then put white gaff tape on the aperture to block each edge? Then scale inside those bounds.

5. Cars do slow down to see what's going on. Traffic is light, it's a residential neighborhood, and drivers *should* be aware that kids are on the street. This doesn't seem to have ever been an issue.

[buffo]

I am fully aware my Pluto II is not certified/compliant with anything (am I incriminating myself here?).

Well, assuming that you purchased the Pluto II directly from China, then yes, you just admitted that you illegally imported a non-compliant laser product. (Oh no, the horror! Just kidding...) Possession is 9/10ths of the law; if customs didn't catch it when it entered the country, the chances of anyone doing anything about it now are essentially zero. (Provided you don't start using it for commercial shows, of course.) Then again, if you simply purchased the Pluto II from "someone else", then it would be that other guy who would be on the hook for illegally importing the projector, not you.

The ugly truth is that non-compliant products are illegally imported into the USA every day. Enforcement just can't keep up with the volume of products being shipped. And in almost every case, the penalty is that customs refuses to allow the shipment to enter, which means it gets sent back to China, where they promptly hand it to another carrier and ship it right back to the USA. Chances are good that the second shipment sails right through customs.

If anyone ever does come knocking, I just want to be able to say I'm trying to do everything within the law, here's my documentation, if you want it off I'll turn it off.

That's the right attitude to have. You'll do fine.

I am well aware of the FAA's sensitivity to laser beams, I have seen lots of youtube videos about this. I never put beams into the sky.

Very good. Had to mention it, but glad you are already aware.

1. No beams ever leave my property. Beams are terminated on a grey sheet that is secured on four corners. My house is behind it, but there is also a window there. Perhaps I should cover the window with something, but what? Cardboard might burn (my siding is asbestos).

Doubtful that the cardboard would be at any risk of burning, unless you are running *very* high power levels. But you will probably be fine without covering the window. Test to see how much reflection you get off the glass, and which direction the reflected beam goes. (This is only relevant if the sheet were to fall anyway, and in that case you'd hit the E-stop.)

2. Beams terminate maybe 7ft from the ground, not quite 3 meters, I'll see what I can do.

If you can't meet the 3 meter rule, then the other option is to install a barrier of some kind such that people can not approach within 2 meters (measured horizontally) from any point where the beams are less than 3 meters off the floor. As for what sort of barrier, simple caution tape or rope along with a sign is enough.

3. I am using a tripod-style speaker stand with a custom plywood platform that the projector rests on. There are angle-aluminum guides to keep it in place, but the projector is not secured to anything. The tripod can also tip over with enough force, but it is reasonably stable. This seems like the most wrong thing in my setup. Not sure what else I could do.

Use a ratchet strap to secure the projector to the platform so it can't fall off, and place a small piece of plywood under each leg of the tripod so the legs can't sink into the grass. Now you're set.

If you are concerned about the tripod being knocked over by wind, you can use sand bags to add weight to the legs, or in extreme cases you can use some rope to make guy wires to secure the tripod to some screw-in-the-ground stakes. But honestly, the wind will be a bigger problem for the screen than it will be for the tripod.

4. Maybe enlarge the test pattern to the edge of my screen, then put white gaff tape on the aperture to block each edge? Then scale inside those bounds.

Exactly, but don't use white gaff tape. The stuff you want to use is called Cinefoil. It's basically some really thick aluminum foil with a matte black finish on both sides. (Figure ~ $20 for a 12" wide x 10 ft roll on Amazon) It's thick, but you can still cut it with a standard pair of scissors, and you can tape it in place using gaff tape. Use this to mask off the projector so it can't send beams anywhere but onto your screen. (Set your projection size to be larger than the screen, bring up the "grid" test pattern, apply the cinefoil until no beams are getting past the screen, then reduce your projection size until everything is inside the masked area and you don't see any clipping.)

5. Cars do slow down to see what's going on. Traffic is light, it's a residential neighborhood, and drivers *should* be aware that kids are on the street. This doesn't seem to have ever been an issue.

Cool. You should be fine then. Game on!

Adam

[bungy]

Thanks again for all the tips, buffo! I think my setup is pretty good, then.
I do put caution tape up, and no one but me is allowed between the projector and screen.
I already put plywood under the tripod, but I will strap the projector to the platform.
And I will pick up a roll of Cinefoil.