11-10588 Fireworks(Published in the Salina Journal on January j , 2011.)
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ORDINANCE NUMBER 11-10588
AN ORDINANCE AMENDING CHAPTER 14, DIVISION 2 OF THE SALINA
CODE PERTAINING TO FIREWORKS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 14-57.1 through 14-57.11 are hereby amended as follows:
"Sec. 14-57.1. Amendment to Section 3301.1.3 of the International Fire Code.
/Section 3301.1.3 is hereby amended to read as,follows._J
3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of
fireworks are prohibited.
Exceptions:
f 1. Storage and handling of fireworks as allowed in Section 3304.
2. The use of fireworks for display as allowed in Section 3308.
3. The possession, offer for retail sale, retail sale, handling, and use of consumer
Fireworks, subject to the requirements and limitations of this division.
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Sec. 14.57.2. Amendment of Section 3301.2.4.2 of the International Fire Code.
/Section 3301.2.4.2 is hereby amended to read as,follows.J
3301.2.4.2 Liability insurance required for display. The permit holder for a fireworks
display must carry and file with the city clerk proof that it carries general liability
insurance coverage written by a carrier authorized to do business in Kansas with
coverage limits of no less than one million dollars ($1,000,000) for the payment of any
and all damages which may be caused either to persons or to property by reason of the �
permitted display, and arising from any act of the permit holder, his agents, employers or
subcontractors.
Sec. 14.57.3. Amendment of Section 3301.7.1 of the International Fire Code.
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[Section 3301.7.1 is hereby added to read as, follows: J
3301.7.1 The Fire Chief or his designee may seize and destroy illegal fireworks prior to
a court appearance and photographs of such seized and destroyed fireworks will provide
sufficient evidence of a violation of Section 3301.1.3 for the municipal court.
Sec. 14-57.4. Amendment of Section 3302 of the International Fire Code.
[Section 3302 is hereby amended by the substitution of the,following dgfinition and all other
existing definitions remain unchanged.-]
FIREWORKS. Any composition or device for the purpose of producing a visible or an
audible effect for entertainment purposes by combustion, deflagration or detonation that
meets the definition of 1.4G fireworks, approved consumer fireworks, or 1.3G fireworks
as set forth herein.
Fireworks, IAC. (Formerly known as Class C, Common Fireworks.) Small fireworks
devices containing restricted amounts of pyrotechnic composition designed primarily to
produce visible or audible eifects by combustion. Such 1.4G fireworks which comply with
the construction, chemical composition and labeling regulations of the DOTn for Fireworks,
UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR:
Parts 1500 and 1507, are not explosive materials for the purpose of this code.
Consumer Fireworks. Division I AG fireworks, except those prohibited by state law,
provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and I.)0Tn
49 CFR, Parts 100-178, for consumer fireworks.
Fireworks, 1.3G. (Formerly known as Class 13, Special Fireworks.) Large fireworks
devices. which are explosive materials, intended for use in Fireworks displays and
designed to produce audible or visible effects by combustion. deflagration or detonation.
Such 1.3G fireworks include, but are not limited to firecrackers containing more than
130 milligrams (2 gains) of explosive composition, aerial shells containing more than
40 grams of pyrotechnic composition, and other display pieces which exceed the limits
for classification as I AG fireworks. Such 1.3G fireworks, are also described as
Fireworks, Uno335 by the DOTn.
Sec. 14-57.5. Reserved.
Sec. 14-57.6. Retail display and sale or other distribution of approved consumer
fireworks. The offer for retail sale, retail sale, delivery, consignment, giving or otherwise
furnishing approved consumer fireworks to the public for personal use is prohibited other
than from a consumer fireworks facility during the hours of 8:00 a.m. to 10:00 p.m. during
the period beginning on June 27 and ending on July 4 of each calendar year, subject to the
following requirements:
(a) Permit. A consumer fireworks temporary use permit shall be required pursuant to this
division and Chapter 42 - zoning regulations of the Salina Code.
(b) Zoning, site plan, and parking review. The location and site approval for the
consumer fireworks facility shall be subject to the requirements of Chapter 42 - zoning
regulations of the Salina Code.
(c) Temporary Tent or Canopy. A consumer fireworks facility shall not be permitted in
an existing or permanent structure. A consumer fireworks facility must be located in a
temporary tent or canopy which meets International Fire Code fire rating regulations
and International Building Code anchoring regulations. The combined area of the
consumer fireworks facility and storage unit located upon a consumer Fireworks
facility site shall not exceed 2,400 square feet.
(d) Compliance with NFPA 1124, Chapter 7. All consumer fireworks facilities must
comply with NFPA 1124, Chapter 7, which is incorporated herein by reference. Any
specific requirements of this section which differ from NFPA 1124, Chapter 7, shall
control.
(e) Signage. A consumer fireworks facility shall be allowed temporary signage no greater
than 32 square feet in size, subject to the requirements of Chapter 42 zoning
regulations of the Salina Code.
(f) Insurance. The permit holder for a consumer fireworks facility must carry and
provide proof that it carries general liability insurance coverage written by a carrier
authorized to do business in Kansas with coverage limits of no less than S 1,000,000.
(g) Inventory Storage. Storage of consumer fireworks inventory for a consumer
fireworks facility shall be allowed on the site of the consumer fireworks facility, but
only within a single NFPA approved storage unit not exceeding 120 square feet of'
floor space.
(h) Parking on site. No parking of vehicles shall be allowed within ten feet of the
consumer fireworks facility, including any supporting guy wires.
(i) No Smoking. No smoking shall be allowed within 50 feet of the consumer fireworks
facility. A readily visible sign reading " FIRl;WORKS FOR SALE, - NO SMOKING
ALLOWED" in letters at least two inches tall shall be prominently displayed at the
consumer fireworks facility.
(j) No Discharge of Fireworks. No use of consumer fireworks shall be permitted within
100 feet of a consumer fireworks facility.
(k) "Trash Receptacles. A consumer fireworks facility shall have on site and shall service
adequate trash receptacles to avoid the accumulation on or blowing of trash from the
site.
(1) Removal of Inventory and Restoration of Site. All inventory must be removed from
a consumer fireworks facility no later than July 7. The site of the consumer fireworks
facility must be cleared and restored no later than July 17.
Sect 14-57.7. Consumer fireworks permit. No person shall offer for sale at retail, sell at
retail, deliver, consign, give or otherwise furnish consumer fireworks without first obtaining
a consumer fireworks facility temporary use permit ("permit'') for the operation of a
consumer fireworks facility in accordance with this division and Chapter 42/,oning
Regulations of -the Salina Code.
(a) Application. A permit application shall be filed with the office of the city clerk no
later than May 20 of each year. The application shall require the information
necessary to identify the applicant, to verify the property owner's consent to the
application, and to assure compliance with all applicable code requirements.
(b) Fees. Every permit application must be accompanied by a nonrefundable application
fee as provided in the comprehensive fee schedule. As a precondition of issuance of a
permit, the applicant shall pay a permit fee, including a base fee, plus a variable fee
based upon the size of the applicant's consumer fireworks facility, all as provided in
Section 2-2. The permit fee shall include a preliminary and final inspection of the
applicant's consumer fireworks facility prior to issuance of the consumer fireworks
permit. Any additional inspections required in the course of the applicant's
qualification for a permit will result in additional inspection fees as established in
Section 2-2.
(c) Application Review and Appeal. A permit application will not be accepted until all
required information is provided. In the case of a repeat applicant, the applicant's past
performance in complying with applicable rules and procedures for the operation of a
consumer fireworks facility shall be a valid consideration in relation to whether the
current application should be approved. Following administrative review of the
application, the applicant will be notified whether the application has been granted or
denied or if corrections or modifications are required for further consideration. An
applicant will have until no later than June I of the year of application to submit the
final version of its corrected or modified application. Any applicant dissatisfied with a
denial of its application may within seven calendar days of notification of the denial
give written notice received in the office of the city clerk of an appeal to the board of
city commissioners. The appeal shall be heard by the board of city commissioners at
its next regularly scheduled meeting.
(d) Issuance and Display of Permit. No sooner than June 17 and after obtaining approval
of' its application and payment of the permit fee, the applicant may commence site
preparation and the erection and equipping of its consumer fireworks facility. Upon the
approval of the city, the applicant may proceed with stocking of the consumer fireworks
facility in preparation for final inspection. The applicant will qualify for issuance of the
permit upon successful passage of final inspection of the stocked facility and payment of
the permit fee. No person shall offer for sale at retail, sell at retail, deliver, consign, give
or otherwise furnish consumer fireworks from the consumer fireworks facility until the
permit has been issued and prominently displayed on site.
(e) Period of Validity. A permit shall be valid commencing on the date of issuance and
shall terminate July 17 of the current year.
(f) Suspension or Revocation. A permit shall be subject to suspension or revocation by
the city manager on the basis of the permit holder's failure to comply with applicable
laws and standards for the operation of a consumer fireworks facility.
Sec. 14-57.8. Use of approved consumer fireworks. The use of approved consumer
fireworks by the public for personal use is prohibited other than from the hours of 8:00 a.m.
to 10:00 p.m. on the days of July 3 and July 4 of each calendar year. When using approved
consumer fireworks a person shall not ignite or discharge fireworks:
(a) While on public property;
(b) While on private property without the express written consent of the property owner,
including the property owner's name, address, telephone number and signature;
(c) Into, under, or from a car or vehicle, whether moving or standing still, or on a public
roadway or the right-of-way adjoining a pubic roadway;
(d) Within 100 feet of any hospital, sanitarium, infirmary, nursing home, or assisted
living facility;
(e) Within 100 feet of any consumer fireworks facility;
(f) So as to throw, cast, or propel the fireworks in the direction of or into the path of any
person or group of persons, whether on foot, on a bicycle, on a motorcycle, or in a
vehicle;
(g) So as to impact adjoining property from either direct contact from fireworks or the
residue resulting from the use of fireworks.
Sec. 14-57.9. Use by minors under adult supervision. It shall be unlawful for a minor to
possess and use approved consumer fireworks unless the minor is in the personal presence
and under the supervision of an adult.
Sec. 14-57.10. Effect of Burn Ban. If the governor or the board of county commissioners
has issued a ban on open burning in an area including the city, there shall be no offer for
retail sale, retail sale, delivery, consignment, gift or other means of furnishing consumer
fireworks and there shall be no use of consumer fireworks during the time the ban remains
in effect.
Sec. 14-57.11. Inspections, Enforcement, Penalties.
(a) Any authorized representative of the city may periodically inspect any consumer
fireworks facility at any time for compliance with applicable laws and standards. the
authorized representative shall have the authority to issue warnings, issue citations. and
require further inspections for violations of applicable laws and standards. In the case of
either a permit holder's failure to correct violations of applicable laws and standards or
in order to avert an imminent safety hazard, the authorized representative shall have
authority to order the immediate closure of any consumer fireworks facility pending a
determination of the status of the applicable permit.
(b) In addition to all other remedies and enforcement measures provided by law, persons
who violate a provision of this division relating to consumer fireworks or fail to comply
with the requirements thereof shall be subject to prosecution of' a Class -C-
misdemeanor
C"misdemeanor offense punishable as specified in Article XI Violations and Penalties
Sections 25-181 and 25-182 of the Salina Code.
Section 2. That existing Sections 14-57 through 14-57.4 are hereby repealed.
Section 3. That this ordinance shall take effect and be in force from and after its publication
in the official newspaper.
Introduced: January 3, 2011
Passed: �anuary-3, 2011
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f/on G. Peck, Mayor
ISFALI
4un"ey, ty Clerk