19920428 1992-09ORDINANCE NO. 1992 - 9
AN ORDINANCE AMENDING ARTICLE 27 AND APPENDIX A OF
SECTION 9-14, ARTICLE III, CHAPTER 9 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA CONCERNING LOCAL
AMENDMENTS TO THE VIRGINIA STATEWIDE FIRE PREVENTION
CODE PERTAINING TO FIREWORKS AND MODEL ROCKETRY.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Article 27 and Appendix A of Section 9-14,
Article III, Chapter 9 of the Code of the City of Fairfax,
Virginia are hereby amended to read in their entirety as
follows:
,4rticle 27. Fireworks. Delete in its entirety and substitute the following:
ARTICLE 27
FIREWORKS AND MODEL ROCKETRY
Section F-2700.0 General
F-2700.1. Scope. The manufacture of fireworks is prohibited within the City of
Fairfax. Thc transportation, display, sale, or discharge of fireworks shall comply
with thc requirements of this article, thc applicable requirements of NFiPA 1123,
1124 and the requirements of Chapter 11, Title 59.1, of thc Code of Virginia. This
article and NFiPA 1122 shall also govern thc design, construction, and use of model
rockets.
F-2700.2. Permit required. A permit shall be obtained from the fire marshal for the
sale or display of fireworks.
F-2700.2.1. Permit for sale of fireworks. It shall be unlawful for any person, firm
or corporation, wholesaler or retailer to sell, offer for sale or expose for sale any
fireworks within the city without a permit from the fire marshal. This permit
shall be valid for the time period specified therein. The maximum time period shall
be from June I to July 15 of each year. Such permit holders shall comply with all
City of Fairfax ordinances, rules and regulations applicable to such sites. The sale
of fireworks at retail shall be done only from a fixed location approved by the fire
marshal and indicated on the permit.
F-2700.2.2. Permit for display of outdoor fireworks. The fire marshal may issue a
permit, upon application in writing, to any fair associations, amusement parks,
organization, individual, or group of individuals; for the display of outdoor
fireworks provided that such display is in compliance with NFiPA 1123 and 1124
as listed in Appendix A of this code. After such permit has been issued, the permit
holder may make use of such fireworks under the terms and conditions of such
permit. Thc permit application shall identify each operator of the outdoor
fireworks display and each assistant operator. Each operator and assistant shall
be at least twenty-one (21) years old. The application shall include proof of the
operator's and assistant's proficiency to operate the type of displays for which
application is made. Such proof shall include evidence, acceptable to the fire
marshal, of the operator's and assistant's qualifications, including certificates to
operate such displays, and similar permits and licenses held by the operator and
assistants to operate such displays.
F-2700.3. Insurance requirements and allocations o frisk o floss. Permits for the sale
of fireworks and for the display of outdoor fireworks shall be issued only after the
applicant files with the fire marshal, a certificate of insurance, in a form
acceptable to the fire marshal, which shows proof that the applicant has
commercial general liability coverage with at least a two million dollars
($2,000,000.00) combined single limit of liability for bodily injury and property
damage. The certificate of insurance must show that such liability coverage
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extends to the fireworks activities for which application is made. The insurance
policy shall become available for the payment of any damage arising from the acts
or omissions of the applicant, his agents or his employees in connection with the
sale of fireworks or display of outdoor fireworks. The applicant shall ensure, and
provide evidence required by the fire marshal, that the insurance policy is in full
force effect at the time of the commencement of the activities authorized by the
permit, and remains continuously in effect until such activities are completed and
all permit requirements are satisfied.
The certificate of insurance shall name the applicant, each sponsor, the property
owner or owners of the real estate upon which the permitted activities will occur,
the City, and its officers, elected officials, agents and employees as additional
insureds under the general liability policy for the permit period. The certificate
of insurance shall require that the insurer provide, to the certificate holder, thirty
(30) days prior written notice of cancellation, for any reason, of the required
insurance coverage. The applicant shall also provide, to the fire marshal, thirty
(30) days prior written notice of insurance cancellation.
In addition to general liability insurance, the applicant shall secure the workers'
compensation coverage in the amounts required by law.
The intent of this section is to insure that risk of loss resulting from the activities
authorized by the permit is allocated to the permit holder and insurer.
F-2700.4. Permit application and content. Each application for a permit to sell
fireworks or display outdoor fireworks shall be submitted to the fire marshal in
a form prescribed by the fire marshal. All permits required by federal, state, local
government entities, other than the City, authorizing the sale or display of
fireworks and all required City inspection fees shall be submitted with each
application. Each permit application shall be submitted to the fire marshal fifteen
(15) days before the date set for the use of such permit.
F-2700.5 Definitions.
(a)
(b)
(c)
(d)
Fireworks shall mean and include any article, device, or any substance or
combination of substances designed for the purpose of producing a visible
or audible effect by combustion, explosion, deflagration or detonation,
regardless of its name or form of construction. Fireworks shall mean and
include any item, substance or thing, of whatever form or construction that
contains any explosive or inflammable compound or substance, and is
intended, or commonly known, as fireworks and which explodes, rises into
the air or travels laterally, or fires projectiles into the air. This shall
include any substance or thing of whatever form of construction containing
nitrates, chlorates, oxalates, sulphides of lead, barium, antimony,
nitroglycerine, phosphorus or any other explosive or flammable compound
or substance.
Retailer shall mean any persons selling fireworks or offering fireworks for
sale at retail.
Wholesalers shall mean a person, firm or corporation offering fireworks for
sale or selling fireworks to a retailer. Such term shall include a
manufacturer of fireworks, a representative of any such manufacturer, a
distributor, a jobber and a middleman of any description dealing in
fireworks, any of whom shall sell or offer to sell fireworks to a retailer
within the city.
Approved shall mean as approved by the city fire marshal.
SECTION F-2701.0 Unlawful Activities, Sale, Storage and Approval
F-2701.1. Unlawful activities. Except as hereinafter provided, it shall be unlawful
for any person, firm or corporation to transport, manufacture, store, possess, sell,
offer for sale, expose for sale or to buy, use, ignite or explode any fireworks.
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F-2701.2. Approved fireworks. The provisions of F-2701.1 shall not apply to
fireworks which have been approved by the fire marshal. Such approved fireworks
shall have a hard-coated or slow-burning fuse at least one and one-half (1 ~A~) inches
long with a burning rate of not less than four (4) seconds. Such approved
fireworks shall not be used on public property. Such approved fireworks may be
used on private property with the approval of the property owner. Any fireworks
which explode or which emit flame or sparks to a distance greater than twelve (12)
feet or perform as a projectile or have a quick match fuse are prohibited.
F-2701.3. Sale or storage. The sale or storage of any fireworks shall be prohibited
on the property of another without the express written permission of the property
owner or owners. The sale of fireworks to minors is prohibited. The sale of
fireworks by minors is prohibited.
F-2701.4. Approval of fireworks. Persons engaged in the business of selling or
offering to sell fireworks at wholesale shall submit to the city fire marshal for
approval, at least five (5) samples of the fireworks intended to be sold or delivered
by such wholesaler, together with complete specifications including the
manufacturer and trade name of such fireworks and a chemical analysis of each
such fireworks so submitted. Such samples, specifications and chemical analyses
shall be submitted to the fire marshal no later than ninety (90) days prior to the
proposed sale date of the fireworks in the city. No wholesaler shall sell or deliver
in the city any fireworks other than those so approved. The City of Fairfax may
jointly, with Fairfax County, test the fireworks submitted for approval.
SECTION F-2702.0 Records
F-2702.1. Records to be kept by wholesaler and retailer. Each wholesaler shall
maintain full and complete records of all purchases and sales of fireworks. Each
retailer shall maintain full and complete records, containing information required
by the fire marshal, of where all fireworks were purchased. The fire marshal or
his designated agent is authorized to examine the books and records of any
wholesaler or retailer as such books and records relate to the purchases and sales
of fireworks within the city.
SECTION F-2703.0 Seizure and Destruction
F-2705.1 Seizure and destruction of certain fireworks. Any City of Fairfax law
enforcement officer arresting any person for a violation of this Article shall seize
the fireworks in question in the possession or under the control of any person so
arrested and shall hold the same until final disposition of any criminal proceedings
against such person. If a judgment of conviction be entered against such person,
the court shall order destruction of such articles upon expiration of the time
allowed for appeal of such judgment of conviction. Any fire marshal encountering
fireworks in violation of this code shall seize such fireworks and shall hold such
until final disposition of any criminal procedures related to the violation. If a
judgment of conviction be entered against such person, the court shall order
destruction of such articles upon expiration of the time allowed for appeal of such
judgment of conviction.
Where no criminal proceedings can be instituted due to lack of knowledge as to
who owns or is responsible for the fireworks, the fireworks in question may be
immediately seized and destroyed after thirty (30) days.
2703.2. Seizure of Fireworks. The fire marshal shall seize, take, remove or cause
to be removed at the expense of the permit holder, all stocks of fireworks that are
offered or exposed for display or sale, or are stored or held in violation of this
article.
1992-9
SECTION F-2704.0 Model Rocketry
F-2704.1 The design, construction and use of model rockets. The design, construction
and use of model rockets shall be reasonably safe to persons and property.
Evidence that design, construction and use of model rockets is in accordance with
NFiPA 1122 as listed in Appendix A of this Code, shall be evidence that such
design, construction and use provides reasonable safety to persons and property.
Any type of rocketry, other than that described in the definition of model rocketry
as set forth in NFiPA 1122 as listed in Appendix A of this code, is prohibited.
,4ppendix ,4 add the following standards:
NFiPA Code for Unmanned Rockets. 1122-87. (Ref. F-2704.1)
NFiPA Code for Public Display of Fireworks. 1123-90. F-2703.2) (Ref. Article 27)
NFiPA Code for the Manufacture, Transportation, and Storage of Fireworks. 1124-
88. (Ref. Article 27)
(Ord. No. 1988-12, 5-31-88; Ord. No. 1989-1, 1-10-89; Ord. No. 1989-39, 8-29-89)
1992-9
BE IT FURTHER ORDAINED that the remaining subsections of Section 9-14
shall continue to read as previously enacted.
This ordinance shall become effective as provided by law.
INTRODUCED: April 14~ 1992
PUBLIC HEARING: Apri 1 28:1992
ADOPTED: April 28, 1992
MAYOR
DATE
ATTEST:
City Clerk