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Thread: Do I need a variance?

  1. #1
    Join Date
    May 2013
    Location
    Cherry Hill, NJ
    Posts
    131

    Default Do I need a variance?

    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?

  2. #2
    Join Date
    Dec 2009
    Location
    Laurel, MD
    Posts
    373

    Default

    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.

  3. #3
    Join Date
    May 2013
    Location
    Cherry Hill, NJ
    Posts
    131

    Default

    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?
    Last edited by bungy; Today at 04:44.

  4. #4
    Join Date
    Dec 2009
    Location
    Laurel, MD
    Posts
    373

    Default

    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

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