HomeMy WebLinkAboutRESOLUTION NO. 2020-27 RESOLUTION NO. 2020-27
RESOLUTION APPROVING FIREWORKS PERMIT FOR THE
FAIRFAX FIRE AND RESCUE DEPARTMENT
WHEREAS, the City Council of the City of Fairfax, Iowa, is empowered under the
authority of Section 727.2, Code of Iowa, to grant a permit for the display of fireworks by
municipalities,fair associations,amusement parks and other organizations or groups of individuals
approved by the City Council when such fireworks display will be handled by a competent
operator, and
WHEREAS,the City Council of the City of Fairfax, Iowa, has received an application for
a fireworks permit from Lynn Miller of the Fairfax Fire and Rescue Department for a training class
on April 18, 2020, and the USA Days fireworks display on June 27 and 28, 2020, and
WHEREAS, the City Council of the City of Fairfax, Iowa, desires to grant permits only
when a competent person 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 the application for fireworks permit from Lynn Miller, Fairfax Fire Department, be
approved for a training class on April 18, 2020 and the USA Days fireworks display on June 27
and 28, 2020, and the following criteria be prescribed for the issuance of permits for the display
of fireworks in the City of Fairfax, Iowa.
BE IT FURTHER RESOLVED, that the following definitions be used:
Applicant: The person or group, which is applying for the permit.
Fireworks: Any explosive composition,or combination of explosive substances,or article
prepared for the purpose of producing a visible or audible effect by combination, explosion,
deflagration,or detonation, and shall include blank cartridges, firecrackers,torpedoes, sky rockets,
roman candles, or other fireworks of like construction and any fireworks containing any explosive
or inflammable compound, or other device containing any explosive substance. The term
"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 diameter, no toy snakes which contain no mercury and no caps used in caps used in cap
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 in writing on the form attached hereto and
incorporated herein by reference no later than ten (10) days before a Fairfax City
Council Meeting.
2. That no permit 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 measures.
3. That no permit 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 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 must meet the following fireworks safety requirement:
a) Possess a current, valid fireworks license issued by a state of the United
States which requires formal safety training; or
b) Demonstrate an equivalent degree of formal fireworks safety training and
experience to the satisfaction of the City Council and the Chief of the Fairfax Fire
Department.
6. That any fireworks that remain unexploded after the display shall be immediately
disposed of or removed 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 may
suspend any permit issued pursuant to this resolution should he or she determine 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 Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute said Resolution.
Passed and approved this 10th day of March, 2020.
AYES: Otto, Daly, Pacha, Volk, and Wainwright
NAYS: None
Burnell G. Frieden, Mayor
ATTEST:
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C nthia Stimson, City Clerk/Treasurer
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APPLICATION FOR FIREWORKS PERMIT
TO: Fairfax City Council,PO Box 337,Fairfax,IA 52228
Applicant Lynn Miller—Fairfax Fire Department Phone 319-310-6080
Address: 525 Vanderbilt Fairfax IA 52228
Date of Birth: 10/31/1965
Sponsor: Fairfax Volunteer Fire Department Phone: 319-846-3178
Address: 525 Vanderbilt St Fairfax IA 52228
Date/Time of Display: April 18,2020—Training Class,June 27&28,2020—USA Days
Location of Display:Fairfax 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 fireworks safety training.Please specify:
Insurance Company: City of Fairfax—Firepac coverage
Policy Amount
Fire Prevention Measures:Fire department-members will be on scene
I approve of the location and fire prevention measures for this Fireworks Display:
Fire Chief ���; i
Mayor
I hereby affirm that 1 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 3 2020
Sign re of Applicant Date