§ 11-58. Amusement parks utilizing permanent facilities for repeated public fireworks displays.

(a)

Authorization. Notwithstanding the requirements of Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended by sections 11-56, 11-57 and 11-40 of the City Code, an operator of an amusement park utilizing a permanent facility for repeated public fireworks displays may give nightly fireworks displays at such an amusement park provided he complies with the requirements of this section. As used herein, the term "nightly" shall mean one or more nights during the period covered by the permit. The applicant for a permit under this section may be the owner or operator (whether an individual, partnership or corporation) of the amusement park or any subsidiary or affiliate company.

(b)

Applicability. This section shall apply only if the display facility is constructed for the purpose of multiple or repeat fireworks displays from the same location and the facility is permanent in nature or as approved by the Fire Marshal; however, the use of a floating barge on a lake or other body of water wholly located within the park shall be permitted and shall be considered a permanent display facility. Such a permanent display facility must be located on the grounds of a privately owned, commercially operated park open to the general public which contains various exhibits and devices for entertainment and/or educational purposes and which commercially operated park will operate at least five (5) days per week for at least two (2) months out of each calendar year or as approved by the Fire Marshal.

(c)

Annual display permits. Prior to any display of fireworks at such amusement park, the operator must obtain either a single show permit from the city under section 11-57 or an annual display permit from the city under this section 11-58. An annual display permit will authorize the permittee to give nightly fireworks displays at the permittee's amusement park for a period of up to one year from the effective date of issuance. An annual display permit is neither transferable nor assignable.

(d)

Application for annual display permit. The initial application shall be addressed to the Fire Marshal who shall, within seven (7) days after receipt of the application, endorse his written recommendation for approval thereon unless there exists some ground for disapproval under this section. The Fire Marshal shall pass upon such application within three (3) weeks of receipt and shall approve the same unless grounds for disapproval under subsection (f) exist. The application shall be accompanied by a cashier's or certified check for the amount as provided for in subsection 11-16(a)(17) of this Code, depending on whether the applicant requests permission for pyrotechnics display only, or fireworks and pyrotechnics displays. The permit shall be issued by the Fire Prevention Office upon approval of the application by the Fire Marshal. If the application is not approved by the Fire Marshal, the applicant may petition the Building and Fire Codes Board of Appeals or any superseding board to pass upon such application and the Building and Fire Codes Board of Appeals or any superseding board may grant or reject the same within its discretion. A certified copy of the Building and Fire Codes Board of Appeals or any superseding board action shall permit the Fire Prevention Office to issue the permit, which shall indicate on its face the effective period of the permit. Annual renewal permits may be approved by the Fire Marshal.

(e)

Application; contents. The application for an annual permit shall be made in writing and submitted to the Fire Marshal at least thirty (30) days before the first use of fireworks under the permit. The application shall contain all the information required immediately below, and, in addition, required information found in Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended by section 11-40 of the City Code:

(1)

Name and permanent business address of applicant with designation of persons responsible for supervision of such displays;

(2)

Diagram of display facility demonstrating its permanence and location at amusement park as contemplated by paragraph (a) of this section;

(3)

Copy of applicant's state board of insurance license to conduct repeated fireworks displays;

(4)

Copies of all participating pyrotechnicians' state operators license;

(5)

Starting and ending times for each proposed display;

(6)

Diagram of fire prevention and protection systems and description of fire safety procedures to be used to demonstrate compliance with paragraphs (n) and (o) of this section; and

(7)

A surety bond or certificate of insurance coverage in an amount deemed adequate by the Fire Marshal for payment of all damages which may be caused either to a person or persons or to property by reason of the permitted storage and arising from acts of the permittee, his agents and employees or subcontractors, provided, however, the amount of such bond or insurance shall not be required to exceed one million dollars ($1,000,000.00) per occurrence.

(f)

Grounds for disapproval. The Fire Marshal may disapprove any application on the following grounds:

(1)

Any of the grounds specified in Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended by section 11-40 of the City Code;

(2)

Incompleteness of the application; or

(3)

Failure of the applicant to meet the requirements of an amusement park with a permanent display facility as stated in paragraph (a) of this section.

If the Fire Marshal does not approve the issuance of the permit, the Fire Marshal shall within ten (10) days of the filing of the application for the permit, send to the applicant by certified mail, return receipt requested, a detailed explanation of the basis for refusal.

(g)

Special provisions. The Fire Marshal may prescribe reasonable special provisions attached to the permit intended to minimize nuisance, prevent fires and explosions, and to protect property and public safety. The Fire Marshal may prescribe additional fire protection safeguards or safety reviews after the issuance of the annual permit should current weather, environmental, or site conditions warrant.

(h)

Grounds for revocation. The Fire Marshal may revoke an annual permit on any of the following grounds:

(1)

Any of the grounds specified in Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended by section 11-40 of the City Code;

(2)

Failure of the permittee to meet the definition for a permanent facility at an amusement park under paragraph (a) of this section;

(3)

Failure of the permittee to comply with special provisions prescribed according to paragraph (g) of this section;

(4)

Failure of the permittee or operator to discharge a duty imposed on him by paragraphs (k) and (l) of this section;

(5)

Failure of the permittee or operator to comply with the fire prevention and protection provisions of paragraph (n) or the fire prevention and safety program provisions of paragraph (o) of this section;

(6)

Failure of the permittee or operator to construct and maintain the display facility in accordance with paragraph (m) of this section; or

(7)

Changing weather, environmental, or wildfire concerns may create hazardous conditions where a pre-approved site may need to be re-evaluated. The Fire Marshal, or his/her designee, shall notify permit holders within seventy-two (72) hours of the next scheduled display that a site safety evaluation based on the changing conditions is required. The Fire Marshal may revoke the permit if additional approved fire prevention safeguards addressing the conditions are not provided.

(i)

Revocation; notice. The Fire Marshal shall, within five (5) days from the date of revocation, send to the permittee by certified mail, return receipt requested, a written statement explaining the basis of the revocation.

Exception: Revocation under subsection (h)(7).

(j)

Appeal from refusal to issue annual permit or from decision to revoke. If the Fire Marshal refuses to approve the application for a permit under this section, or the Fire Marshal makes a decision to revoke a permit issued under this section, that action is final unless the applicant or permittee, within ten (10) days after receiving a written notice from the Fire Marshal of the action, files a written appeal with the Building and Fire Codes Board of Appeals or any superseding board for review and decision by the Building and Fire Codes Board of Appeals or any superseding board. The Building and Fire Codes Board of Appeals or any superseding board shall hear the appeal within twenty (20) days of the filing of the appeal with the Building and Fire Codes Board of Appeals or any superseding board.

(k)

Duties of the permittee. A permittee shall:

(1)

Upon request, make his permit available for inspection to a member of the fire department, police officer or other authorized person;

(2)

Notify the Fire Marshal of the loss or destruction of an unexpired permit or license, notice to be given immediately upon discovery of the loss or destruction;

(3)

Secure a replacement permit for that lost or destroyed;

(4)

Comply immediately with the Fire Marshal's order to dispose of fireworks which become hazardous during the performance of a permitted activity;

(5)

Return to the Fire Marshal any permit or license of the city upon its expiration and, if no superseding permit has been issued or the permit renewed, a detailed statement on the disposition of unused fireworks in the possession of the permittee upon expiration of the permit;

(6)

Comply with special provisions prescribed according to paragraph (g) of this section;

(7)

Construct and maintain an adequate fire prevention and protection system according to paragraph (n) of this section; and

(8)

Operate an adequate fire prevention and safety program according to paragraph (o) of this section.

(l)

Duties of the operator. The operator of a public fireworks display pursuant to this section shall:

(1)

Restrain spectators by natural or manmade barriers at least two hundred (200) feet from the launch site;

(2)

Fire projectiles:

a.

The range of aerial display shall be not more than eight hundred (800) feet vertically and the fireworks shall be discharged vertically from steel, fiber or plastic tubes; or

b.

So that the debris will fall in a body of water;

(3)

Maintain an unobstructed spatial separation of:

a.

Six hundred (600) feet between the ignition point and a school; and

b.

Two hundred (200) feet between the ignition point and a highway, railroad or building open to the public other than a school;

(4)

Discontinue the display if the wind carries dangerous fireworks debris (i.e. live shells or flaming debris) to adjoining property or if there are steady winds of twenty-five (25) mph or more at the time of the display;

a.

Search the display area for unfired fireworks or fireworks debris; and

b.

Safely dispose of unfired fireworks or firework debris in a manner approved by the Fire Marshal;

1.

Conduct all display operations under the supervision of a properly licensed State of Texas licensed pyrotechnician; and

2.

Comply with all permit special provisions as prescribed by the Fire Marshal pursuant to subsection (g) of this section.

(m)

Permanent display facility; construction requirements. The permanent display facility shall be designed to assure continuous compliance with Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended. In addition, the Fire Marshal may prescribe reasonable requirements for construction of such facilities for the purposes of minimizing nuisance, preventing fires and explosions, and protecting property and public safety.

(n)

Fire prevention and protection system. All permanent display facilities under this section shall construct and maintain an adequate fire prevention and protection system which shall include the following:

(1)

Notwithstanding the requirements of Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended, for each public display, the operator shall have at least one trained and experienced in-house safety officer or in-house firefighter in attendance;

(2)

For each public display, an operable privately owned fire truck approved by the Fire Marshal shall be maintained on the premises of the park or the park shall at its expense have arranged for such a vehicle to be provided by the city or other fire department approved by the Fire Marshal;

(3)

During any display, air pressurized water hand held extinguishers or other approved portable extinguishers will be available for immediate use; and

(4)

Any other reasonable fire prevention and protection systems prescribed by the Fire Marshal.

(o)

Fire prevention and safety program. All permanent display facilities under this section shall develop and utilize the following program for fire prevention, fire protection and safety:

(1)

An annual training program for in-house firefighters, including fire drills at the permanent display facility. Written guidelines for this training program shall be submitted to the Fire Marshal for his approval; and

(2)

An annual staff training program for all staff handling the fireworks which provides for procedures to be followed for safety and evacuation in the event of a fire or explosion. Written guidelines for this training program shall be submitted to the Fire Marshal for his approval.

(p)

Limitation on time and number of displays. No displays authorized by this section 11-58 shall be commenced prior to the hour of 9:00 a.m. or later than 11:00 p.m.; provided however, fireworks displays may be commenced after 11:00 p.m. on December 31st of any year, but before 1:00 a.m. on the following January 1st if such displays comply with all other requirements of the code. Any display authorized under this section shall be completed within one hour after the time the display is commenced. Display time limits on the day of the display may be extended with the approval of the on-site fire inspector and the Fire Marshal.

The use of Class C special effects pyrotechnics such as smoke effects, flash effects, etc. in shows shall not be subject to any time or number of display restrictions.

(q)

Class C special effects pyrotechnics. Class C special effects pyrotechnics such as smoke effects, flash effects, etc. may be used by the holder of an annual display permit under this section 11-58 in shows without meeting the requirements of a display under this section 11-58 or section 11-57; provided, (i) the use of all such Class C devices complying with all applicable federal rules, laws and regulations for the use and storage of such Class C fireworks and (ii) the application of the Class C fireworks in the show has been approved by the Fire Marshal prior to the firework's first use in each new show. Approval of an application in one show shall constitute continuing approval of the same application in repeat performances of the same show.

(Ord. No. 66645, Att. A, 2-25-88; Ord. No. 75274, § 1, 2-20-92; Ord. No. 79918, § 2, 3-31-94; Ord. No. 99734, §§ 4, 5, 9-16-04; Ord. No. 99482, § 2, 7-22-04; Ord. No. 2011-11-03-0907, § 3, 11-3-11)