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HomeMy WebLinkAboutRESOLUTION NO. 2022-37RESOLUTION NO. 2022-37 RESOLUTION APPROVING FIREWORKS PERMIT FOR THE FAIRFAX FIRE AND RESCU� DEPARTMENT WHEREAS, the City Council of the City of Fairfax, Iowa, is einpowered under the authority of Section 727.2, Code of Iowa, to grant a pei-�nit for the display of fireworks by inunicipalities, fair associations, ainusement parks and other organizations or groups of individuals approved by the City Council when such fireworks display will be handled by a coinpetent operator, and WHEREAS, the City Council of the City of Fairfax, ,Iowa, has received a request for fireworks display per�nit from Lynn Miller of flle Fairfax Fire and Rescue Department, and WHEREAS, the City Couilcil of the City of Fairfax, Iowa, desires to grant permits only when a coinpetent person wi11 be in charge of the fireworks display to �rovide foi- the safety of a11 concerned, NOW, THEREFORE, SE 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 firewoi•ks in the City of Fairfax, Iowa. BE IT FURTAER RESOLVED, that the following definitions be used: Applicant: The pei•son or group, which is applying for the pennit. Fireworks: Any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audiblc effect by coinbination, explosion, deflagration, or detonation, and shall include blank cartridges, firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like consh-uction and any fireworks containing any explosive or inflaininable compound, or other device containing any explosive substance. The term "fireworks" shall not include gold star-producing sparkles on wires which contain no inagnesiuin or chloride or perchlorate, no flitter sparklers in paper tubes that clo ilot exceed one-eighth (1/8) of an inch in diameter, no toy snakes which contain no merculy and no caps used in caps used in eap 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 the fireworks display. Requirements: 1. That the applicant submit an application ii1 writing on the foi-�n attached hereto and incorporated herein by reference no later than ten (10) days before a Fairfax City Council Meeting. 2. Tl�at no permit be issued until the Chief of the Fairfax Fire Department having jui•isdiction over the site of the fireworks display and tl�e City Council, Fairfax, Iowa has approved the location and fire prevention measures. 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 ainount not less than $2,000,000. 4. That the applicant and operator be persons of not less than eighteen (18) years of age on the date of the proposed fireworks display. 5. That the operator inust meet the following fireworks safety requirement: a) Possess a current, valid fireworks license issued by a state of the United States which requires forinal safety training; or b) Deinonstrate an equivalent degree of foi-�nal fireworks safety training and experience to the satisfaction of the City Council and the Chief of the Fairfax Fire Department. 6. That any firewoi•ks that remain unexploded after the display shall be immediately disposed of or i•emoved for storage or disposal in a safe manner by the operator who, upon the conclusion of the display, shall make a complete 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 permit issued pursuant to this resolution should 11e or she detei7nine that the health, safety, welfare of the public require tl�e suspension, or should the applicant and/or operator fail to meet or follow the safety qualificatioizs as set out in this resolution. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayoi• and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 12th day of April, 2022 AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None �� �= � � ;� ��� `��--�-�-- Burnell G. Frieden, Mayor ATTEST: �/� +. � �l/� Cy: thia Stiinson, City Clerk/Treasurei• ti, . . xrb�� , aj t"- 4tw a . s �� � °+, � � *' F .�. . �.'� . . � . � . , •h ' ;'-V •., APPLICATION FOR FIREWORKS PERMIT TO: FairfaY City Council, PO Box 337, Fairfaac, IA 52228 Applicant Lynn Miller — FairfaY Fire Department Phone 319-310-6080 Address: 525 Vanderbilt Fairfaac IA 52228 Date of Birth: 10/31/1965 Sponsor: Fairfaac Volunteer Fire De�artment Phone: 319-846-3178 Address: 525 Vanderbilt St FairfaY IA 52228 Date/Time of Display: June 24 — 26 2022 Location of Display: Fairfax Sports Complex Operator Lvnn 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 fireworks safety training. Please specify: Insurance Company: Citv of Fairfax — Firepac coverage Policy Amount Fire Prevention Measures: Fire department - members will be on scene I approve of the location a d fire preventi n measures for this Fireworks Display: , Fire Chief //���_.--�='�, � I hereby affirm that I have read the City of Fairfa�c 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 wiil 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 Fairfaac, its officers and employees and the Fire Chief who signs this application harmless from any and a11 damages or claims for damages that might arise or accrue by reason of the granting of the permit for which I am applying. �.�'L-=—�.._.. ,;����-����z_ April 06, 2021 Sig ture of Applicant Date