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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