# fireworks



## linnrg (Jan 19, 2018)

do most communities regulate fireworks sales/displays by way of the Fire Code and amendments or do they use other ordinance sections to regulate this?

My opinion is that I think the Fire Code is the wrong place for this since I do not write tickets or arrest people.

I would like to see examples if I can.  We are a community that has not allowed them and it has been in our fire code amendments.

My code adoption states:
*Section 5608 Fireworks Display (Permits and Displays)*
_
Amendment.  Section 5608 of is retitled as follows: “Firework Permits and Displays”;_

_Addition. Section 5608.1 is amended by adding a second paragraph to read as follows: “The manufacturing, storage, sale, handling, and use of fireworks are prohibited within the City, with the exception that fireworks may be used for public displays by fair associations, amusement parks and other organizations, or groups holding a current permit issued by the State Fire Marshal’s Office, Borough Mayor, and Fire Department.” _

_Amendment.  Section 5608.2, Permit application, is amended by adding the following sentence: 

 A fireworks event permit for each event involving public or private display of any amount of fireworks is required._

OUR BOROUGH restricts the sale by ordinance but excepts the cities to do as they please.  They have no police power and do have a $500 fine in the code!  They have this:


_0.18.050. - Sale of fireworks forbidden.
The sale or offering for sale of Class C fireworks is forbidden within the Kenai Peninsula Borough outside of the boundaries of the cities of Homer, Kachemak City, Kenai, Seldovia, Seward and Soldotna.

(Ord. No. 85-87, § 1(part), 1985)
A. No permit shall be issued for more than 3 displays per calendar year._
_B.No permit is transferable.
C.This section does not authorize the mayor to approve displays within the boundaries of the cities of Homer, Kachemak City, Kenai, Seldovia, Seward and Soldotna._


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## JCraver (Jan 19, 2018)

No fireworks here..
*
§ 93.080  EXHIBITION OF FIREWORKS.*
   (A)   It shall be unlawful to store any fireworks in the city, excepting as may be necessary for the giving of a licensed exhibition of pyrotechnics as is provided for in this chapter.
   (B)   The discharging, firing or use of all fire crackers, rockets, torpedoes, Roman candles or other fireworks, or substances designed and intended for pyrotechnic display and of all canes, cannons or other appliances using blank cartridges containing chlorate or potash mixture, is hereby prohibited; provided that, the City Manager may by property order permit the public display for fireworks by properly qualified individuals under the direct supervision of experts in the handling of fireworks; provided also that, such display or displays shall be of such a character and so located as in the opinion of the Chief of the Fire Department shall not be hazardous to surrounding property, or endanger any person or persons.
(2000 Code, § 93.75) Penalty; see §93.999

*§ 93.081  SALE OF FIREWORKS.*
   The sale of any fireworks or pyrotechnics at retail is prohibited within the city limits.
(2000 Code, § 93.76)  Penalty; see §93.999


We have the fire code adopted too so if they fight us on that ^^, we can cite them under it.  I've never had to use it.  Only ever had one guy who wanted to sell fireworks at a stand - I told him no, so he went to the hotel parking lot on the other side of the interstate that is in the County.


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## cda (Jan 19, 2018)

They are regulated here both by state and city laws 

FD has power to write tickets 

Plus I hate chasing firework complaints !!!!

Can your police write them????


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## mtlogcabin (Jan 19, 2018)

10-10 Fireworks; Sale Prohibited.
It is unlawful for any person to possess for sale, sell or offer for sale, at retail, or use within the City, any fireworks. (Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015)
10-11 Fireworks; Defined.
The term fireworks shall mean and include any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and shall include sky rockets, Roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, toy guns in which explosives other than toy caps are used, the type of balloons which require fire underneath to propel the same, fire crackers, torpedoes, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. Nothing in this section shall be construed as applying to toy paper caps containing no more than twenty-five hundredths of a grain of explosive composition per cap, sparklers and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military forces of the United States or this State, or to peace officers, nor as prohibiting the sale and use of blank cartridges for ceremonial or theatrical or athletic events. (Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015)

Police enforces it


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## TheCommish (Jan 20, 2018)

Massachusetts regulates through the Department of Fire Services page linked here.

our fire code based on NFPA 1 with amendments linked here


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## DuaneW (Jan 22, 2018)

Like cda, the state, county and cities  sets there own regulates it. here the FD will just shut down the business and then pass it along to code enforcement.


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## Pcinspector1 (Jan 22, 2018)

Like some of the others , the state has some rules to follow.

Here, City met with the Fire District and City Police Department. Looked up the State Fireworks laws and drafted an ordinance with the IFC requirements like tent SQ footage, OL, exiting widths, signage, distances from combustibles, tents, trailers, generators, hydrants etc.  We have a check list that is handed to the fireworks tent operators before they set up so they know what we are looking for and inspecting.  On occasion the Fire District will get on them for combustible mulch chips or straw after a rain for their circulation path through the tent or some illegal fireworks that they are aware of. 

Haven't had any building set up to sell FW's yet.


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## tmurray (Jan 23, 2018)

Are we talking about consumer fireworks, professional, or both?


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## Pcinspector1 (Jan 23, 2018)

tmurray, 
my post was in reference to consumer fireworks only. Opening post said, firework sales. 
See IFC Chapter 31 for tents.


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## linnrg (Jan 23, 2018)

consumer


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## tmurray (Jan 23, 2018)

Ours is handled through the provincial fire prevention act. Commercial would be through the federal government.


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## Builder Bob (Jan 24, 2018)

The state has adopted the codes state wide, The only way to modify the codes is by State Ordinance or by a State adoption process. However, Zoning may easily place restrictions or Counties may establish specific building code regulations for construction for special purpose projects - You have to be careful not to discriminate against certain people or types of products for fear of lawsuits - so this county placed restriction on the type of construction that could sale fireworks....


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## FM William Burns (Feb 20, 2018)

Our state originally gave regulatory delegated authority to some of us to regulate them but then wanted the lost funds back and now regulates themselves (thank goodness).  It was a real pain in the rear end for us jurisdictions that got delegated authority for the fees we were getting from the state licensing.


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