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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 1 1992-9 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. 2 / 1992-9 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