§ 26-46. Fireworks displays; permitting requirements.

(1)

[Permit required.] Prior to performing a fireworks display as defined in subsection (3) of this section, the fireworks display operator shall obtain a fireworks display permit from the village fire chief. The village fire chief shall approve the application for a fireworks permit only if the requirements of this article are met.

(2)

Standards. Minimum fireworks safety standards for the outdoor display of fireworks shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, approved by the American National Standards Institute, and as may be amended.

(3)

Definitions. The following definitions shall apply within this article:

(a)

Fireworks display: An outdoor presentation of fireworks, as defined in F.S. § 791.01(4), for a public or private gathering, which shall not include a display of any fireworks on private, residential property and shall not govern the display of those items included under F.S. § 791.01(4)(b) and (c).

(b)

Fireworks: Any combustible or explosive composition or substance or combination of substances as specifically defined under F.S. § 791.01(4).

(c)

Fire chief or designee: The village fire chief or designee responsible for enforcing the requirements of this article.

(d)

Assistant: A person who works under the supervision of the operator, as defined in subsection (3)(e).

(e)

Operator: The person with overall responsibility for the operation and safety of a fireworks display.

(f)

Pyrotechnics: Controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume.

(g)

Display site: The immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not spectator viewing areas or vehicle parking areas.

(4)

Permit required.

(a)

No person shall conduct a fireworks display unless a permit therefore has been issued by the fire chief or designee.

(b)

An application for a fireworks display must be received by the village fire chief at least 30 days in advance of the date of display on a form approved by the village fire chief. After such permit is granted, sale, possession, use and distribution of fireworks for such display shall be strictly in accordance with the permit.

(c)

The applicant shall provide an indemnification and hold-harmless agreement in a form approved by the village attorney, holding harmless and indemnifying the village with regard to the fireworks display approved under the requested permit.

(d)

Each application for a permit to conduct a public fireworks display shall include the following information:

i.

Full name, address and telephone number of applicant;

ii.

Full name of entity applicant represents;

iii.

Full names, addresses and telephone numbers of the operator(s) and assistant(s) responsible for devising, supervising and discharging the fireworks display;

iv.

The following information:

1.

The date of the fireworks display, starting/ending times, and proposed alternate dates/times;

2.

A detailed description of the proposed location of the fireworks display which demonstrates that the location will not pose a hazard to any structure;

3.

The purpose of the fireworks display;

4.

The source of the fireworks display (including the name, address and telephone number of the company supplying the fireworks, and the name of the principal person in the company with whom the applicant has dealt);

5.

A detailed description of the fireworks display, including its proposed maximum height, and the approximate number and kinds of fireworks to be discharged including, but not limited to the diameter of the shells.

v.

The application shall include a statement as to whether any of the operator(s) and assistant(s) responsible for devising, supervising and discharging the fireworks display have ever been convicted of any violation of any local, state or federal law regulating fireworks or fireworks displays.

vi.

Documentation demonstrating the qualifications of the person(s) listed as required by subsection (8) of this section;

vii.

A copy of the declarations page of any insurance policy, or bond, providing the coverage required by subsection (7); and

viii.

A certification, in the format approved by the fire chief, assuring that all statements made in the application are true and correct, that all documents attached are true copies of the originals, and that the applicant is authorized by the entity that the applicant represents.

(e)

A permit fee shall be paid in full prior to the issuance of the approved permit for a fireworks display, as approved by resolution of the village council.

(f)

Upon issuance of a permit for a fireworks display, the permit holder shall have a continuing obligation to notify the fire chief or designee of any change in the information provided in the application for the permit.

(5)

Time limit on permit:

(a)

Any permit issued shall be for a time not to exceed four hours and shall be limited to the fireworks display site specifically described within the permit application, and limited to the specific date and time periods specified in the application.

(b)

Should the proposed date of the fireworks display be delayed for more than 24 hours by reason of weather or unforeseen circumstances beyond the control of the applicant, the fire chief or designee shall be notified of the alternate date within 24 hours after the postponement has been determined.

(6)

Transfer. No permit granted pursuant to this article shall be transferable.

(7)

Insurance. Prior to permit issuance, the applicant shall provide a certificate of insurance providing for a liability insurance policy of not less than $1,000,000.00 per occurrence for all claims and further provides for the village as a named coinsured under such policy.

(8)

Minimum qualifications. Applicants for a fireworks display permit shall demonstrate the following minimum qualifications prior to issuance of a fireworks display permit:

(a)

Applicants shall provide satisfactory evidence of prior experience as an operator or assistant as part of demonstrating competency to the fire chief or designee.

(b)

The operator of the fireworks display shall provide proof that she or he has attained the age of 21 years.

(c)

The operator of the fireworks display shall demonstrate that he or she has successfully completed a written examination of laws, regulations, and safety practices pertaining to the discharge of fireworks, administered by a recognized organization or licensing agency approved by the fire chief or designee.

(d)

The operator shall submit a copy of a valid unexpired competency certification by a nationally recognized organization approved by the fire chief or designee, or a valid unexpired license issued by a state or federal agency demonstrating the above minimum qualifications have been satisfied.

(e)

All assistants shall be trained in the duties that they are to perform, be under the direct supervision of the operator at all times during the fireworks display, and be at least 18 years old.

(Ord. No. 11-17, § 2, 9-8-2011)