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Home My WebLink AboutRESOLUTION NO. 2024-27RESOLUTION NO. 2024-27 RESOLUTION APPROVING FIREWORKS P�RMIT FOR '1 HE FAIRFAX FIRE AND RESCUE DEPARTMENT VVHEREAS, the City Council of the City of Fairfax, Iowa, is einpowered w�dei- the authority of Section 727.2, Code of Iowa, to grant a pei-�nit for tl�e display of t7reworks by inunicipalities, fair associations, ainusement parks and other organizations or groups of inclividuals ap�n-oved by the City Council wl�en such fireworks display will be handled by a competent operator, and WHEREAS, the City Council of the City of Fairfax, Iowa, has received a request for fireworlcs display permit from Lyml Miller of the Fairfax Fire and Rescue Depa�-tment, and WHEREAS, the City Council of the City of Fairfax, Iowa, desires to gi�ant pei-mits only when a competent persari will be in charge of the fireworks display to provide for the safety of all concerned, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that criteria be prescribed for the issuance of pennits for the display of fireworks in tNe City of Fairfax, Iowa. BE IT FURTHER RESOLVED, that the following definitions be used: Applicant: The person or grou�, which is applying for the pei7nit. Fireworks: Any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by cornbination, explosion, deflagration, or detonation, and shall include blank cartridges, firecrackers, torpedoes, sky rockets, i•ornan candles, or other fireworks of like construction and any fireworks containing any explosive or inflaminable coinpound, oz- other device containing any explosive substance. The te17n "fireworks" shall not include gold star-producing sparkles on wires which contain no magnesium or chloride or perchlorate, no flitter sparklers in paper tubes that do not exceed one-eighth (1/8) of an inch in diamcter, no toy snakes which contain no mercury and no caps used i11 caps used in ca� pistols. Operator: A person trained in fireworks safety who will set up and explode the fireworks. Sponsor: The group paying for or otherwise providing for tlle fireworks display. Requirements: 1. That the applicant submit an application in writing on the form attached hereto and incoiporated herein by reference no later than ten (10) days before a Fairfax City Council Meeting. 2. That no pennit be issued until the Chief of the Fairfax Fire Department having jurisdiction over the site of the fireworks display and the City Council, Fairfax, Iowa has approved the location and fire prevention ineasures. 3. That no pennit be issued unless liability and fire insurance coverage is procured to protect the applicant, sponsor, operator and the public in an amount not less than $2,000,000. 4. That tlle applicant and operator be persons of not less than eigllteen (18) years of age on the date of the proposed fireworks display. 5. That the opei-ator inust n7eet the following fireworks safety i-equii-ement: a) Possess a current, valid fiY-eworks license issLied by a state of tlle Ui�itecl States whicll requires fonnal safety training; or b) Den�onstz-ate an equivalent degree of formal fireworks safety training and experience to the satisfaction of the City Council a�1d the Cl�ief of the I�airfax Firc Department. 6. That any fireworks that reinain unexploded after the display shall be immediately disposed of or removed for storage oi- disposal in a safe manner by the operator who, upon the conclusion of the display, shall inake a coinplete and thorough search for any unexploded fireworks or fuses thereof which have not exploded or functioned. BE IT FURTHER RESOLVED, that the Linn County Sheriff or his or her designee inay suspend any pei7nit issued pursuant to this resolution should he or she detennine that the health, safety, welfare of the public require the suspension, or should the applicant and/or operator fail to meet or follow the safety qualifications as set out in this resolution. BE IT FURTHER RESOLVED, by the City Council of the City of Faii•fax, Iowa, that the Mayor and City Clerk are hel•eby authorized and directed to execute said Resolution. Passed and a�proved this 9th day of April, 2024 AYES: Nui-�-e, Daly, Wozniak, Volk, and Wainwright NAYS: None c��,�--,�� Jo Ann Beer, Mayor ATTEST: ., :;� C nthia Stiinson, City Clerk/Treasurer % APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council, PO Box 337, Fairfax, IA 52228 Applicant Lvnn Miller - Fairfvc Fire Department Phone 319-310-6080 Address: 525 Vanderbilt Fairfa�c IA 52228 Date of Birth: 10/31/1965 Sponsor: Fairfax Volunteer Fire De�artment Phone: 319-846-3178 Address: 525 Vanderbilt St Fairfax IA 52228 Date/Time of Display: June 21- 23 2024 Location of Display: FairfaY Sports Complex Operator Lynn Miller & Chris Herr Phone 319-310-6080 Address: 505 G Avenue West - PO Box 45 Walford IA 52351 Qualifications of the Operator (proof may be required) 1. Fireworks Operator License from another state 2. X Pyrotechnics Guild International, Inc. Certification 3. Other formal iireworks safety training. Please specify: Insurance Company: Cit�of Fairfax covera�e Policy Amount Fire Prevention Measures: Fire d�artment - members will be on scene I approve of the loc�t�'on�and,�e pre�ntio�measures for this Fireworks Display: Fire Chief ��( ,�-P� �r�-�"f �—� � Mayor � /J �-�v'" �`�2'!zl✓�- I hereby affirm that I have read the City of Fairfax Fireworks Permit Resolution No. ; that I understand the Resolution's term; that no person shall handle or explode Fireworks while under the influence of alcohol, narcotics or drugs which could adversely affect judgment, movements or stability; that no person will set up or explode Fireworks who is not 18 years of age and qualified as set out above or who is not under the direct supervision of the Operator; that the Operator will conduct a thorough search for any unexploded Fireworks or fuses; that any unexploded Fireworks will be stored or disposed of in a safe manner; and that the Sponsor, Operator and I will follow its terms and the laws of the State of Iowa. Further, I specifically agree to protect, defend and hold City of Fairfax, its officers and employees and the Fire Chief who signs this application harmless from any and all damages or claims for damages that might arise or accrue by reason of the granting of the permit for which I am applying. March 4 2024 Signatur f Applicant Date