§ 11-59. Storage of fireworks.

(a)

Authorization. Notwithstanding the requirements of Chapter 33 of the 2009 International Fire Code or any superseding chapter and code as amended and subject to the requirements of state law, an operator of an amusement park utilizing permanent facilities for repeated public fireworks displays and holding a valid annual display permit pursuant to section 11-58 may store fireworks on the amusement park property provided he obtains an annual storage permit from the Fire Marshal and provided that the requirements of this section are met. Annual storage permits issued pursuant to this section are neither transferable nor assignable. 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 affiliated company.

(b)

Application for storage permit. The application shall be addressed to the Fire Marshal, who shall, within seven (7) days after receipt of the application, endorse his/her 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 its receipt and shall approve the same unless grounds for disapproval exist under subsection (d) hereof. The application shall be accompanied by a cashier's or certified check for the amount as provided for in subsection 11-16(a)(18) of the City Code. 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, the application may be presented to the Building and Fire Codes Board of Appeals or any superseding board which may then pass upon such application and may grant or reject same within its discretion. A certified copy of the Building and Fire Codes Board of Appeals or any superseding board action of approval shall be all that is required for the Fire Prevention Office to issue the permit.

(c)

Application; contents. The application for an annual storage permit shall be addressed to the city council and shall contain the following information:

(1)

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

(2)

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;

(3)

Maximum amount of each general type or class of fireworks to be stored at the park at any one time;

(4)

Name and address of the company(s) supplying the fireworks;

(5)

Detailed diagram of the proposed storage facility which demonstrates compliance with the construction requirements of paragraph (h) of this section; and

(6)

Detailed operating procedures of the proposed storage facility which demonstrates compliance with paragraphs (i) and (k) of this section.

(d)

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

(1)

Incompleteness of the application;

(2)

Failure of the applicant to hold a valid annual display permit under section 11-58;

(3)

Applicant has intentionally made false statements as to a material matter in the permit application;

(4)

Applicant is under indictment for a felony or has been finally convicted of a felony offense within the five-year period immediately preceding the date of filing the application;

(5)

Applicant was finally convicted of a misdemeanor violation of an explosives law within the two-year period immediately preceding the filing of the application;

(6)

Applicant has held a permit under section 11-57 or 11-58 or this section and such permit was revoked within the one year period immediately preceding the filing of the application; or

(7)

The applicant has been adjudicated a mental defective; is an unlawful user of or addicted to a controlled substance or dangerous drug; or suffers from any other handicap, infirmity, defect, or condition which might reasonably diminish his competency to safely conduct the proposed activity and/or would create an unreasonable risk of injury to life or property in the performance of the proposed activity.

(e)

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.

(f)

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

(1)

If the permittee intentionally makes a false statement as to a material matter in the permit application;

(2)

If the permittee knowingly allows another to use his permit;

(3)

If the permittee fails to comply with any special provisions of the permit;

(4)

If the permittee fails, within the applicable time period, to comply with an order of the Fire Marshal pursuant to this section; or

(5)

If the permittee fails to comply with any of the requirements of paragraphs (i), (j), (k), or (l) of this section.

(g)

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 and the effective date which shall allow permittee a reasonable period of time to remove the fireworks from the storage facility.

(h)

Appeal from refusal to issue permit; from decision to revoke. If the Fire Marshal refuses to approve the issuance of 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 clerk of the city for review and determination by 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.

(i)

Storage construction requirements. All fireworks other than those to be used in a display to occur within twelve (12) hours must be stored in magazines meeting the construction requirements of this paragraph. Each such magazine shall be constructed and maintained to be:

(1)

Bullet resistant;

(2)

Non-combustible or flame retardant;

(3)

Moisture resistant adequate to prevent dampening of fireworks or explosive ingredients;

(4)

Adequately ventilated to prevent dampening or heating of fireworks or explosive ingredients with ventilation covered by a screen of a size of mesh adequate to prevent entry of sparks and rodents;

(5)

The owner or operator shall construct and maintain magazines using one of the following assemblies:

a.

Masonry units at least eight (8) inches thick, with all hollow spaces filled with concrete, well-tamped sand, or equivalent material;

b.

Reinforced concrete of at least six (6) inches thick;

c.

Two (2) layered fourteen (14) gauge steel, with layers separated by at least six (6) inches of concrete, well-tamped sand, or equivalent material;

d.

One layered six (6) gauge steel, lined on the interior with wood at least four (4) inches thick;

e.

Two (2) layered six (6) gauge steel, with layers separated by a one-half (½) inch air space and lined on the interior with wood at least two (2) inches thick or two (2) layered wood with layers at least two (2) inches thick, and separated by four (4) inches of concrete, well-tamped sand, or equivalent material;

f.

A portable indoor magazine which meets the requirements of all applicable federal rules and regulations for the storage of fireworks used in conjunction with permanent magazines.

(6)

Floors of all non-portable magazines shall be securely anchored in place and shall be capable of withstanding the loads imposed;

(7)

The magazine shall contain one or more doors, each of which is bullet resistant, weather resistant, fire resistant and of strength equal to the magazines' assembly described in subsection (i)(5) and secured with hinges and hasps attached to the door and magazine by means of welding, riveting, or bolting with fastening nuts on the inside of the magazine and equipped with a substantial and adequate means of locking as approved by the Fire Marshal. Locking devices shall be provided with protectors to minimize the possibility of tampering;

(8)

The magazine interior shall, to the extent reasonably possible, have a smooth finish with all nails, screws, bolts, and nuts countersunk or blinded;

(9)

Heating and lighting sources, if any, within the magazine shall be limited to those artificial sources having an operating temperature less than the ignition temperature of the material stored; and

(10)

Unobstructed spacing separation between magazines and occupied buildings, passenger railways, public highways, and other magazines, as required by the Fire Marshal, shall be maintained.

(j)

Maintenance and safety. The operator shall comply with the following safety procedures intended to minimize fires and explosions:

(1)

The magazine shall be maintained clean, dry, and free of grit, paper, empty packages, rubbish, and other combustible materials;

(2)

Magazines shall be limited to the storage of fireworks and detonating materials only. Detonating materials must be stored in separate magazines. No metal tools shall be stored inside the same magazine as any fireworks or detonating materials;

(3)

The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash and debris for a distance of at least fifty (50) feet;

(4)

Smoking, matches, open flames, spark producing devices and firearms shall be prohibited inside or within fifty (50) feet of the magazines. Combustible material shall not be stored within fifty (50) feet of magazines;

(5)

A written record of all fireworks received and stored shall be maintained at the site and such records shall be made available to the Fire Marshal upon request;

(6)

When any fireworks have deteriorated to an extent that they are in an unstable or dangerous condition, then the operator shall immediately notify the Fire Marshal of this fact. When ordered to do so by the Fire Marshal, the operator shall destroy such fireworks or explosive ingredients in a manner approved by the Fire Marshal;

(7)

Empty containers of fireworks shall not be used for any purpose. The operator shall destroy all empty containers of fireworks in a safe manner as prescribed by the Fire Marshal;

(8)

The operator shall comply with any other reasonable special provisions prescribed by the Fire Marshal intended to prevent fires and explosions.

(k)

Magazines; security. The operator shall comply with the following security procedures:

(1)

Magazines shall be kept locked at all times except during inspection, loading and unloading of fireworks;

(2)

Magazines shall be in the custody of competent persons at all times, each of which must be at least twenty-one (21) years of age. Each such custodian shall be responsible for compliance with all safety and security requirements. No person may entrust the custody of the magazines to a person whom he knows or has reason to believe is legally incompetent;

(3)

The magazine shall be located in restricted areas which are not readily open to the general public visiting the park;

(4)

The doors of magazines shall display conspicuous warning signs as designed in conformity with Fire Marshal specifications. Such warning signs shall also be posted at least twenty-five (25) feet, but not more than two hundred (200) feet, from the magazine along its vehicular and pedestrian approaches;

(5)

No non-essential or unauthorized personnel shall enter the magazine. Magazines shall be situated such that access by the general public or other non-essential or unauthorized personnel is precluded by natural or man-made barriers, such as walls, pits, fencing, or bodies of water;

(6)

The operator shall immediately notify the Fire Marshal and the police department of any suspected theft of fireworks; and

(7)

The operator shall comply with any other reasonable special provisions prescribed by the Fire Marshal intended to ensure adequate security for stored fireworks.

(l)

The operator shall allow entry for inspection by the Fire Marshal or his designees at reasonable times to ensure compliance with this section.

(Ord. No. 66645, Att. A, 2-25-88; Ord. No. 79918, § 2, 3-31-94; Ord. No. 99482, § 2, 7-22-04; Ord. No. 2011-11-03-0907, § 4, 11-3-11)