4.3. SR 05-28-2002MEMORANDUM
Item 4.3
TO:
FROM:
DATE:
SUBJECT:
Mayor and Council f~~/x
Bruce A. West, Fire Chie
May 28, 2002
Consider Adoption of Fireworks Ordinance and Resolution
Adopting Permit Fees for a Fireworks Permit
Back,'round
The Minnesota legislature passed a bill that was signed into law by Governor Ventura
legalizing a form of consumer fireworks. This law took effect on Tuesday, April 30, 2002,
and allows year-round sales and use of non-explosive and non-aerial consumer fireworks.
These are best defined as sparklers, fountains, cones, spinners, and so on. Anything that
shoots a projectile is still illegal in the State of Minnesota, as well as anything that explodes.
Additionally, any kind of firecracker is still illegal. Fireworks have been illegal in the State of
Minnesota since 1941. Opposition to the fireworks bill came from all fire service
organizations, the medical community, environmental groups, as well as the League of
Minnesota Cities.
Enclosed is a copy of the proposed fireworks ordinance regulating the display, sales, storage,
and use of consumer fireworks within our community. A few highlights of the fireworks
ordinance are as follows:
1. Permit all retail sales.
2. Impose a permit fee to cover the cost of plan review, initial inspection, ongoing
compliance inspections, law enforcement compliance, and confiscation disposal
costs.
3. Limit the quantity allowed in any structure with threshold limits dependent on
the level of fire protection. An example: a sprinkled building would be allowed to
have a larger quantity of product for sale in restock than a non sprinkled building
within our community.
4. The sale of fireworks as permitted by Minnesota State Statute shall occur only on
property zoned as stated within the proposed fireworks ordinance.
5. Transient sales of fireworks are not permitted.
6. A list of the legal and illegal fireworks has been included in the proposed
fireworks ordinance.
The permit fee includes the following regulatory costs involved with enforcement of the
fireworks ordinance:
Criminal Records Check $50
Site Plan Review 50
Initial Site Inspection 50
Quarterly Site Inspections 200
Disposal Fund Fee 200
Police Juvenile Compliance Inspection 200
Total $750
Our fire departments fire inspection personnel will review the site location, floor area of
sales, and the list of proposed fireworks to be sold to ensure compliance with our proposed
ordinance. Our inspections will take place quarterly to ensure compliance with the 1997
Uniform Fire Code and fireworks ordinance.
I have met numerous times with City Attorney Chris Johnson and Legal Assistant Jennifer
Snyder to discuss the proposed fireworks ordinance to be presented for approval at the May
28, 2002, City Council meeting. All of the areas within the proposed fireworks ordinance
have been discussed and/or reviewed with Chris Johnson for his approval prior to meeting
with the Mayor and City Council. I have also met with City Clerk Sandy Peine and City
Administrator Pat Kdaers in reference to the newly proposed fireworks ordinance for our
community.
Summary
While the legislature legalized only a portion of consumer fireworks, they still pose a
significant danger to our citizens and property, as well as emergency responders. To ensure
adequate public safety for all of our residents, an appropriate amount of regulation must
accompany sales, storage, display, and use of legalized fireworks.
Action Requested
As Fire Chief for the Elk River Fire Department, I am requesting Mayor and City Council
approval of the proposed fireworks ordinance regulating the display, sales, storage, and use
of consumer fireworks.
I am also requesting Council approval to adopt the attached resolution setting the permit
fees.
I will be present at the May 28, 2002, City Council meeting to answer any question the
Mayor and City Council may have in reference to the above issue. Please feel free to call me
at the Elk River Fire Department at 763.441.4919 prior to the City Council meeting if you
have any questions.
ORDINANCE 02-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE ADDING SECTION 209, ENTITLED "FIREWORKS," REGULATING THE
DISPLAY, SALES, STORAGE, AND USE OF CONSUMER FIREWORKS
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. Section 209 titled "Fireworks" shall be added to the Elk
River City Code of Ordinances as follows:
SECTION 209 - FIREWORKS
209.00
GOVERNING REGULATIONS
Fireworks are regulated by Minnesota Statutes ~624.20 - 624.25. In
addition to these state laws, all display, sales, storage, and use of
fireworks shall comply with Elk River City Ordinance Section 209.
Attached as Exhibit 1 is a list of legal and illegal fireworks.
209.02 ACTS PROHIBITED WITHOUT PERMIT
No person shall do any of the following without obtaining a permit:
1. Store or sell any fireworks;
2. Make a public display of fireworks.
209.04
PERMIT APPLICATION
The application for a permit to store or sell fireworks shall be made
to the city clerk or his/her designee.
A criminal record check will be done on all applicants.
The fire chief or his/her designee will inspect the proposed location
for selling and/or storing fireworks to determine if it is a suitable
location.
The fire chief or his/her designee will also determine if the
applicant is competent and trained to handle fireworks.
The application for a permit must include:
1. a letter from the property owner granting permission to the
applicant to sell and/or store fireworks on the property.
2. a floor plan designating the area where the fireworks will be
sold and/or stored.
3. a list of the fireworks that will be sold. The list must include
the name, weight, quantity, and material safety data sheets.
4. a certificate of insurance coverage (see 209.08, 2).
209.06 PERMIT FEE
The fee for this permit shall be that as provided in the current City
Fee Schedule Resolution.
209.08
TERMS AND CONDITIONS FOR ISSUANCE OF PERMIT
A permit for the storage and/or retail sale of fireworks shall be
issued only upon the following terms and conditions:
1. The applicant shall not have been convicted of a "crime of
violence" as defined by MN STAT ~624.712, Subd. 5 or any
fire/fireworks related crime within the last 5 years.
2. The applicant shall maintain general liability, bodily injury,
and property damage insurance approved by the City in the minimum
amount of one million dollars ($1,000,000) single limit. The City of
Elk River shall be named as an additional insured. Certificates of
coverage shall be filed with the City Clerk with the application.
3. The sale of fireworks shall occur only on property zoned C1,
Central Business District; C3, Highway Commercial; and C4,
Neighborhood Commercial. No sale of fireworks shall occur on property
zoned residential, or properties used for educational purposes or
assemblies.
4. The sale of fireworks must occur within a permanent structure and
shall not be allowed from a truck, trailer, tent, or other facility
that can be construed as temporary in nature. Transient sales of
fireworks are not permitted.
5. Fireworks sales and/or storage areas shall have "no smoking"
signs in red letters not less than two (2) inches in height on white
background. Ail signs shall be maintained in legible condition.
Signage must be approved by the fire chief or his/her designee.
6. The discharge of fireworks shall be prohibited within one hundred
(100) feet of any building in where fireworks are being sold or
stored.
7. Each permit holder shall have at least two (2) water-type or
equivalent fire extinguishers of not less than two and one-half gallon
capacity in the area where the fireworks are sold or stored.
8. There shall be at least two (2) exits from all buildings where
fireworks are being sold or stored.
9. In buildings without an approved automatic sprinkler system,
fireworks sales displays shall be limited to fifty (50) lbs. net
pyrotechnic composition or two hundred (200) lbs. gross weight, if the
pyrotechnic composition weight is not known.
10. In buildings with an approved automatic sprinkler system,
fireworks sales displays shall be limited to one hundred (100) lbs.
net pyrotechnic composition or four hundred (400) lbs. gross weight,
if the pyrotechnic composition weight is not known.
11. A list of all fireworks displayed for sale and stored on the
property must be posted in a conspicuous location near the
display/storage area. The list shall include the name, weight, and
quantity of the fireworks and be accompanied by the material safety
data sheets. Upon request, samples of the fireworks shall be made
available to the fire chief or his/her designee for testing.
12. A permit granted pursuant to this ordinance is not transferable.
13. Fireworks must not be sold to people under 18 years old.
209.10
FIREWORKS - DISCHARGE RULES AND REGULATIONS
1. It is unlawful to use or discharge any fireworks along a parade
route prior to, during, or after any parade, or at any place of public
assembly, parks, or government property.
2. It is unlawful at any time to throw or toss any fireworks at any
person, animal, vehicle, or other thing or object.
3. The discharge of fireworks shall be prohibited within one hundred
(100) feet of any building in which fireworks are sold or stored.
4. Fireworks may only be discharged in an area with a water source
connected to a hose, fire extinguisher, and/or other means of putting
out a fire that is acceptable to the fire chief or his/her designee.
5. The fire chief or his/her designee may ban fireworks for any
period of time for any public safety reason.
6. Juveniles may not possess fireworks unless under the direct
supervision of a responsible adult.
209.12
VIOLATIONS AND PENALTIES
A violation of any section of this ordinance is a misdemeanor. The
maximum possible sentence is 90 days in jail and/or a $1,000 fine.
Any violation of state statutes regarding fireworks or this ordinance
will result in the revocation of any permit to sell or store
fireworks.
Materials that violate state statutes or this ordinance may be
confiscated and destroyed. Costs associated with disposal shall be
paid by the violator and/or be assessed back to the property.
Section 2. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this
28th day of May, 2002.
Stephanie Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
EXHIBIT I
EXAMPLES OF LEGAT. AND ILLEGAL FIREWORKS
EXAMPLES OF FIREWORKS THAT ARE NOW
LEGAL TO SELL, POSSESS, AND USE BY
THE PUBLIC ON OR AFTER APRIL 30,
2002, AS PERMITTED BY MINNESOTA
STATUTE 624.20 (c)
Wire or wood sparklers of not more
than 100 grams of mixture per item
Other sparkling items which are non-
explosive and non-aerial and contain
75 grams or less of a chemical
mixture per tube or a total of 200
grams or less for multiple tubes and
include:
· Cylindrical Fountain-Upon
ignition, a shower of colored
sparks or smoke and sometimes
a whistling effect is
produced.
· Cone Fountain-The effect is
the same as that of a
cylindrical fountain. When
more than 1 cone is mounted on
a common base, total
pyrotechnic composition may
not exceed 200 grams
· Illuminating Torch
· Wheel-Pyrotechnic device
intended to be attached to a
post or tree by means of a
nail or string. Upon ignition,
the wheel revolves, producing
a shower of color and sparks
and sometimes, a whistling
effect.
· Ground Spinner-Small device
venting out an orifice usually
on the side of the tube.
Similar in operation to a
wheel but intended to be
placed flat on the ground and
ignited. The rapidly spinning
device produces a shower of
sparks and color.
· Flitter Sparkler-Narrow paper
tube attached to a stick or
wire that produces color and
sparks upon ignition. The
paper at one end of the tube
is ignited to make the device
function.
· Flash/Strobe-Emit a bright
light.
Novelty items such as snakes and glow
worms, smoke devices, or trick
noisemakers which include paper
streamers, party poppers, string
poppers, snappers, and snap pops,
each consisting of not more than
twenty-five hundredths grains of
explosive mixture.
EXAMPLES OF FIREWORKS THAT CONTINUE TO
BE ILLEGAL TO SELL, POSSESS, AND USE,
EXCEPT AS PERMITTED UNDER MINNESOTA
STATUTE 624.20
· Any fireworks that are explosive
· Any fireworks that are aerial
· Firecrackers (any size)
· Ladyfingers
· Sky rockets
· Bottle rockets
· Missile type rockets
· Helicopters, aerial spinners,
planes, UFOs
· Roman Candles
· Mines or shells (heavy cardboard
or paper tube(s) attached to a
base - upon ignition stars, balls
or reports are propelled into the
air)
· Chasers
· Parachutes
· 1.3G display (special or class
B) fireworks
· Aerial shells
· Theatrical pyrotechnics (see MN
Stat. 624.20 to 624.25)
Basically, any fireworks listed above
are still not legal for public sale,
possession, or use, except with a
permit and by a certified operator
according to MN Statute 624.20 (i.e.;
these fireworks are still not legal
unless a permit has been issued by the
local jurisdiction and they are used by
a state certified operator)
s:\adminXordinances\2002 ordinances\fireworks ordinance 209.doc
RESOLUTION 02-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION ADOPTING PERMIT FEES FOR A FIREWORKS
PERMIT
WHEREAS,
the City Council has adopted an ordinance regulating the
display, sales, storage, and use of consumer fireworks; and
WHEREAS,
anyone requesting permission to display, sell, or store
fireworks in the City of Elk River must make application for
a license; and
WHEREAS,
the license fee to permission to display, sell, or store
fireworks in the City of Elk River is set by resolution.
NOW, THEREFORE, BE IT RESOLVED that the fee for a license to
display, sell, store or manufacture fireworks in the City of Elk River is hereby
set at $750.
Passed and adopted by the City Council of the City of Elk River this 28th day
of May, 2000.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
s:\admin\resolutions\2002 resolutions\fireworks fee resolution.doc