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HomeMy WebLinkAbout2009-52 FIREWORKS PERMIT WILLIAM BARRY RESOLUTION NO. 2009-52 RESOLUTION APRROVING A FIREWORK'S PERMIT FOR WILLIAM T.BARRY WHEREAS, The City Council, 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, Fairfax, Iowa, has received a request for fireworks display permit from William T. Barry; and WHEREAS, The City Council, 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, Fairfax, Iowa, that the criteria be prescribed for the issuance of permits for the display of fireworks in the City of Fairfax. 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. BE IT FURTHER RESOLVED, by the City Council, Fairfax, Iowa, that the criteria be prescribed for the issuance of permits for the display of fireworks in the City of Fairfax as follows: 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 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 located 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 they hereby approve the application from William T. Barry for a fireworks permit and the Mayor and City Clerk are hereby authorized and directed to execute this Resolution. Passed and approved this 13th day of October, 2009. AYES: Beer, Frieden, Rabe, and Magers NAYS: None ABSENT: Wainwright Bill Voss, Mayor ATTEST: Cynthia Stimson, City Clerk RESOLUTION NO.2009-52 RESOLUTION APRROVING A FIREWORK'S PERMIT FOR WILLIAM T.BARRY WHEREAS, The City Council, 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, Fairfax, Iowa, has received a request for fireworks display permit from William T.Barry; and WHEREAS, The City Council, 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, Fairfax, Iowa,that the criteria be prescribed for the issuance of permits for the display of fireworks in the City of Fairfax. 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. BE IT FURTHER RESOLVED, by the City Council, Fairfax, Iowa, that the criteria be prescribed for the issuance of permits for the display of fireworks in the City of Fairfax as follows: 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 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 located 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 they hereby approve the application from William T. Barry for a fireworks permit and the Mayor and City Clerk are hereby authorized and directed to execute this Resolution. Passed and approved this 13th day of October, 2009. AYES: Beer,Frieden,Rabe,and Magers NAYS: None ABSENT: Wainwright Bill Voss,Mayor ATTEST: Cyn is Stimson, City Clerk APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council,PO Box 337,Fairfax,IA 52228 �� y Applicant Phone Address (�f� ) ro1� f� (-"A 2 f-AX r- Date of Birth '2) Sponso ( 1bs'l �, �`l Phone �r '�� Address (�,C)VJ6 J).Z-7&1.J 0 ,9 o Date/Time of Display( 6 .,_ &-- ,,2,c;611 " AL.I -P—PA -dr. I ME. M dCV1 — Location of Display10 U Operator R Phone Address 5116 iki (�l) -1010 Qualifications of the Operator(proof may be required) 1. Fireworks Operator License from another state 2. Pyrotechnics Guild International,Inc.Certification 3. Other formal fireworks safety training.Please specify: Insurance Company-,4 )C-5,-r `' tl_r ayl Policy Amount (� P6 C)> 0o o Fire Prevention Measures G . I approve of the location a ire revention me sures for this Fireworks Display: Fire Chief ' Mayor I hereby affirm that I have read the City of Fairfax Fireworks Permit Resolution 02-06-11-4; 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. z ignature of Applicant Date ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 0 PRODUCER 319-851-2147 319-851-5808 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION West Side Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 120 Vinton St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 200 Palo, IA 52324-0200 INSURERS AFFORDING COVERAGE NAIC# INSURED 319-846-2977 INSURERA:WEST SIDE MUTUAL INSURANCE ASSOCIATION Barry, William & Mary INSURER B:Grinnell Mutual Reinsurance Company 5110 Longview Dr Sw INSURER C: Fairfax, IA 52228-9700 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION TR POLICY NUMBER DATE(MMIDDMI DATE fMMIODfYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occu.. $ .!^_ CLAIMS MADE M OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraxident) $ PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMSRELLA LIABILITY EACH OCCURRENCE _$ 1,000,000 B OCCUR El CLAIMSMADE 0026028835 05/12/2009 05/12/2010 AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND T R I IT E EMPLOYERS'LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER 500,000 A HOMEOWNERS LIABILITY 92-04-072WR 04/07/2009 04/07/2010 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS FIREWORKS DISPLAY LIABILITY LIMITS SHOWN ARE SUBJECT TO CLAIMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAIRFAX, IOWA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN 319-846-2889 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AU MED REPRESENTATIVE ACORD 26(2001/08) ©ACORD CORPORATION 1988 E t ik LD THE PYROTECHNICS Gut WfLuAm T. BARRY ii's'm s iiy compiewd the PGI1 Display Fireworks Shooteis lams oad g t iv Iseomber 2W