Fireworks Regulations - City of Salina, Kansas

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:]3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.Exceptions:1. Storage and handling of fireworks as allowed in Section 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 therequirements and limitations of this division.(Ord. No. 10-10558, § 1, 7-19-10; Ord. No. 11-10588, § 1, 1-5-11)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:]3301.2.4.2 Liability insurance required for display. The permit holder for a fireworks display must carry andfile with the city clerk proof that it carries general liability insurance coverage written by a carrier authorized todo business in Kansas with coverage limits of no less than one million dollars ($1,000,000) for the payment ofany 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.(Ord. No. 10-10558, § 1, 7-19-10; Ord. No. 11-10588, § 1, 1-5-11)Sec. 14.57.3. Amendment of Section 3301.7.1 of the International Fire Code.[Section 3301.7.1 is hereby added to read as follows:]3301.7.1 The Fire Chief or his designee may seize and destroy illegal fireworks prior to a court appearance andphotographs of such seized and destroyed fireworks will provide sufficient evidence of a violation of Section3301.1.3 for the municipal court.(Ord. No. 10-10558, § 1, 7-19-10; Ord. No. 11-10588, § 1, 1-5-11)Sec. 14-57.4. Amendment of Section 3302 of the International Fire Code.[Section 3302 is hereby amended by the substitution of the following definition and all other existing definitionsremain unchanged:]FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect forentertainment 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, 1.4G. (Formerly known as Class C, Common Fireworks.) Small fireworks devices containing restrictedamounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOTn forFireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500and 1507, are not explosive materials for the purpose of this code.Consumer Fireworks. Division 1.4G fireworks, except those prohibited by state law, provided such fireworkscomply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.Fireworks, 1.3G. (Formerly known as Class B, Special Fireworks.) Large fireworks devices, which areexplosive materials, intended for use in fireworks displays and designed to produce audible or visible effects bycombustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to firecrackerscontaining more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as 1.4Gfireworks. Such 1.3G fireworks, are also described as Fireworks, Uno335 by the DOTn.(Ord. No. 10-10558, § 1, 7-19-10; Ord. No. 11-10588, § 1, 1-5-11)Sec. 14-57.5. Reserved.(Ord. No. 10-10558, § 1, 7-19-10; Ord. No. 11-10588, § 1, 1-5-11)

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 consumerfireworks to the public for personal use is prohibited other than from a consumer fireworks facility during thehours of 8:00 a.m. to 10:00 p.m. during the period beginning on June 27 and ending on July 4 of each calendaryear, subject to the following requirements:(a) Permit. A consumer fireworks temporary use permit shall be required pursuant to this division and thetemporary use regulations in Section 42-59(d)2 of the Salina Zoning Ordinance prior to setting up andoperating a consumer fireworks facility.(b) Zoning, site plan, and parking review. The location and site layout, off-street parking requirements andon-site sign limitations for consumer fireworks facilities shall be subject to the requirements set out inSection 42-59(d)2 of the Salina Zoning Ordinance.(c) Temporary Tent or Canopy. A consumer fireworks facility shall not be permitted in an existing orpermanent structure. A consumer fireworks facility must be located in a temporary tent or canopy whichmeets 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 fireworksfacility site shall not exceed 2,400 square feet.(d) Compliance with NFPA 1124, Chapter 7. All consumer fireworks facilities must comply with NFPA1124, Chapter 7, which is incorporated herein by reference. Any specific requirements of this section whichdiffer from NFPA 1124, Chapter 7, shall control.(e) Insurance. The permit holder for a consumer fireworks facility must carry and provide proof that it carriesgeneral liability insurance coverage written by a carrier authorized to do business in Kansas with coveragelimits of no less than $1,000,000.(f) Inventory Storage. Storage of consumer fireworks inventory for a consumer fireworks facility shall beallowed on the site of the consumer fireworks facility, but only within a single NFPA approved storage unitnot 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 readilyvisible sign reading “FIREWORKS FOR SALE – NO SMOKING ALLOWED” in letters at least twoinches tall shall be prominently displayed at the consumer fireworks facility.(i) No Discharge of Fireworks. Fireworks shall not be ignited, discharged, or otherwise used within 300 feetof a consumer fireworks facility. At least one sign reading “NO FIREWORKS DISCHARGE WITHIN 300FEET” in letters at least four (4) inches high on a contrasting background shall be conspicuously posted onthe exterior of each side of the consumer fireworks facility.(j) Trash Receptacles. A consumer fireworks facility shall have on site and shall service adequate trashreceptacles to avoid the accumulation on or blowing of trash from the site.(k) Removal of Inventory and Restoration of Site. All inventory must be removed from a consumerfireworks facility no later than July 7. The site of the consumer fireworks facility must be cleared andrestored no later than July 17.(Ord. No. 11-10588, § 1, 1-5-11)Sec. 14-57.7. Consumer fireworks permit.No person shall offer for sale at retail, sell at retail, deliver, consign, give or otherwise furnish consumer fireworkswithout first obtaining a consumer fireworks facility temporary use permit (“permit”) for the operation of a consumerfireworks 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 ofeach year. The application shall require the information necessary to identify the applicant, to verify theproperty 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 thecomprehensive 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 theapplicant’s consumer fireworks facility prior to issuance of the consumer fireworks permit. Any additionalinspections required in the course of the applicant’s qualification for a permit will result in additionalinspection fees as established in Section 2-2.(c) Application Review and Appeal. A permit application will not be accepted until all required informationis provided. In the case of a repeat applicant, the applicant’s past performance in complying with applicablerules and procedures for the operation of a consumer fireworks facility shall be a valid consideration inrelation to whether the current application should be approved. Following administrative review of theapplication, the applicant will be notified whether the application has been granted or denied or ifcorrections or modifications are required for further consideration. An applicant will have until no later thanJune 1 of the year of application to submit the final version of its corrected or modified application. Anyapplicant dissatisfied with a denial of its application may within seven calendar days of notification of thedenial give written notice received in the office of the city clerk of an appeal to the board of citycommissioners. The appeal shall be heard by the board of city commissioners at its next regularlyscheduled meeting.(d) Issuance and Display of Permit. No sooner than June 17 and after obtaining approval of its application andpayment of the permit fee, the applicant may commence site preparation and the erection and equipping of itsconsumer fireworks facility. Upon the approval of the city, the applicant may proceed with stocking of theconsumer fireworks facility in preparation for final inspection. The applicant will qualify for issuance of thepermit upon successful passage of final inspection of the stocked facility and payment of the permit fee. Noperson shall offer for sale at retail, sell at retail, deliver, consign, give or otherwise furnish consumer fireworksfrom 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 17of the current year.(f) Suspension or Revocation. A permit shall be subject to suspension or revocation by the city manager onthe basis of the permit holder’s failure to comply with applicable laws and standards for the operation of aconsumer fireworks facility.(Ord. No. 11-10588, § 1, 1-5-11)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 hoursof 8:00 a.m. to 10:00 p.m. on the days of July 3 and July 4 of each calendar year. When using approvedconsumer 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 propertyowner’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-ofwayadjoining a public 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;(f) So as to throw, cast, or propel the fireworks in the direction of or into the path of any person or group ofpersons, 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 theuse of fireworks.(Ord. No. 11-10588, § 1, 1-5-11, Ord. No. 11-10594, § 1, 1-5-11§ 1, 3-21-11)

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 thepersonal presence and under the supervision of an adult.(Ord. No. 11-10588, § 1, 1-5-11)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 thecity, there shall be no offer for retail sale, retail sale, delivery, consignment, gift or other means of furnishingconsumer fireworks and there shall be no use of consumer fireworks during the time the ban remains in effect.(Ord. No. 11-10588, § 1, 1-5-11)Sec. 14-57.11. Inspections, Enforcement, Penalties.(a) Any authorized representative of the city may periodically inspect any consumer fireworks facility at any timefor compliance with applicable laws and standards. The authorized representative shall have the authority toissue 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 orderto avert an imminent safety hazard, the authorized representative shall have authority to order the immediateclosure 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 aprovision of this division relating to consumer fireworks or fail to comply with the requirements thereofshall be subject to prosecution of a Class “C” misdemeanor offense punishable as specified in Article XIViolations and Penalties Sections 25-181 and 25-182 of the Salina Code.(Ord. No. 11-10588, § 1, 1-5-11)