Understanding the importance of obtaining a laser light show variance for legal and safety compliance in the U.S.
Do I Need a Variance to Operate Lasers in the U.S.?
Short answer: Yes!
Long answer: If you are operating class 3 and class 4 lasers in public at a show or event, you absolutely need to have at least filed for a variance. By default, all class 3 and class 4 lasers (basically all lasers above 5mW or 0.05W) are illegal to operate in the U.S. Therefore, you need to “vary from the law” by submitting the variance. You can file for your variance directly with the FDA, or you can contact the laser manufacturer who should be able to help you if they’re legit.
How to Obtain a Laser Light Show Variance
To obtain a variance, you must first own lasers from manufacturers like X-Laser who make and sell lasers that are legal in the U.S. If you have lasers from another manufacturer who makes U.S.-legal lasers, those are permitted on your variance and you are still eligible for one, but it may be a little more work to get your variance filed and may take longer for approval.
X-Laser offers a streamlined service for variance applications called the EZ Variance Kit. This kit simplifies the process and ensures compliance with FDA regulations, and adds convenience because X-Laser will submit your application to the FDA on your behalf. Importantly, the X-Laser EZ Variance process only works with X-Laser systems.
Typically, your variance will be approved within 4 weeks if you go through X-Laser’s EZ Variance process. If submitting your variance paperwork independently or with other manufacturers’ lasers, approval can take as long as 8 weeks. However, X-Laser generally advises that you can begin performing shows with your lasers as long as your variance has been submitted and you have confirmation that the paperwork has been received by the FDA.
Who is Covered by the Variance?
Variances cover the company for which they are filed. For example, if your company employs 10 people, all 10 would legally be allowed to operate your lasers using your company's variance. This still means that you need to train anyone who may operate your lasers on laser safety basics (read this blog post!) and compliance. We created a checklist below to help with this for every show site.
Does a Variance Expire?
Yes, a variance does expire. You need to submit an annual report to the FDA each year to keep your variance valid. The FDA wants a record of who you are, whose lasers you own, and what types of shows and events you conduct. Your variance will remain valid as long as you submit your annual report each year by September 1.
State-Specific Rules for Laser Light Show Variances
Some states in the USA have special rules for variances. For example, Arizona requires registration of laser equipment and operator training. In New York, operators must register, and some counties require additional applications. Illinois mandates registration for class 3B and class 4 lasers with a $50 annual fee. Texas has multiple forms and fees for business and laser registration.
For more detailed information on specific state requirements, it's advisable to check local regulations or refer to resources such as the variances@x-laser.com email support line.
Laser Show Safety Checklist
We made this handy checklist to help you make sure that every show you conduct is safe and compliant. Download a PDF here.
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