18-10952 Fireworks Summary published in The Salina Journal on August , 2018
Posted on the City of Salina website from August 11 to August 21 , 2018
ORDINANCE NUMBER 18-10952
AN ORDINANCE CORRECTING THE INADVERTENT INCLUSION OF
FIREWORKS PROVISIONS FROM CHAPTER 14, DIVISION 2 OF THE SALINA CODE
WITHIN A REPEALER SECTION OF A PRIOR ORDINANCE.
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 reinstated as follows:
U
"Sec. 14-57.1. Amendment to Section 5601.1.3 of the International Fire Code.
[Section 5601.1.3 is hereby amended to read as follows.]
5601.1.3 Fireworks. The possession, manufacture, storage, sale; handling and use of
fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. The use of fireworks for display as allowed in Section 5608.
3. The possession, offer for retail sale, retail sale, handling, and use of consumer
fireworks, subject to the requirements and limitations of this division.
Sec. 14-57.2. Amendment of Section 5601.2.4.2 of the International Fire Code.
[Section 5601.2.4.2 is hereby amended to read as follows:]
5601.2.4.2 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 5601.7 of the International Fire Code.
[Section 5601.7.1 is hereby added to read as follows.]
5601.7.1 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 5601.1.3 for the municipal court.
Sec. 14-57.4. Amendment of Section 202 of the International Fire Code.
[Section 202 is hereby amended by adding the following definitions and all other existing
definitions remain unchanged.]
Consumer Fireworks. Division 1.4G fireworks, except those prohibited by state law,
provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49
CFR, Parts 100-178, for consumer fireworks.
Sky Lantern. An uninhabited free floating device which includes a flame or other heating
device to heat air as a lifting mechanism.
tnth
Sec. 14-57.5. Resen'ed.
Q.
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
famishing 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. A fireworks facility located
upon a consumer fireworks site shall not exceed fifty eight hundred (5,800) 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) 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 $1,000,000.
(f) Inventory Storage. Storage of consumer fireworks inventory for a consumer
fireworks facility, but only within a single NFPA approved storage unit not exceeding
120 square feet of floor space.
(g) Parking on site. No parking of vehicles shall be allowed within ten feet of the
consumer fireworks facility, including any supporting guy wires.
(h) No Smoking. No smoking shall be allowed within 50 feet of the consumer fireworks
facility. A readily visible sign reading "FIREWORKS FOR SALE — NO SMOKING
ALLOWED" in letters at least two inches tall shall be prominently displayed at the
consumer fireworks facility.
(i) No Discharge of Fireworks. Fireworks shall not be ignited, discharged, or otherwise
Loth
used within 300 feet of a consumer fireworks facility. At least one sign reading "NO
w FIREWORKS DISCHARGE WITHIN 300 FEET" in letters at least four (4) inches
high on a contrasting background shall be conspicuously posted on the exterior of each
side of the consumer fireworks facility.
(j) 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.
(k) Removal of Inventor' 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 — Zoning
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 1 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.
a
w
(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.
(0 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. 14-57.7.1. Approved consumer fireworks. Division 1.4G fireworks shall be deemed
approved consumer fireworks, except:
(a) Those prohibited by state law;
(b) Sky lanterns; and
(c) Those deemed by the city manager to present an unexpected or uncontrolled risk to
persons or property.
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 11:00 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 300 feet of any consumer fireworks facility;
(0 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 offense punishable as specified in Article XI Violations and Penalties
Sections 25-181 and 25-182 of the Salina Code.
Section 2. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 18-10952 Summary
On August 6, 2018, the City Commission passed Ordinance No. 18-10952. The
Ordinance corrects the inadvertent inclusion of fireworks provisions from Chapter
14, Division 2 of the Salina Code within a repealer section of a prior ordinance. A
complete copy of the Ordinance can be found at wvw.salina-ks.gov or in the office of
the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's
leeal counsel.
Introduced: Aueust 6, 2018
Passed: Aueust 6, 2018
2
Karl F. Ryan, May r
[SEAL]
ATTEST:
h, ta alga
Shandi Wicks, CMC, City Clerk
The pubes•. s s mmary set forth above is certified this $day of August, 2018.
Gre, A Be t n, ity Attorney
1
•
1