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HomeMy WebLinkAboutRESOLUTION NO. 2013-15RESOLUTION NO. 2013-15 RESOLUTION APPROVING FIREWORKS PERMIT FOR WILLIAM BARRY 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 a request for fireworks display permit from William Barry; 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 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 $2,000,000. 4. That the applicant and operator be persons of not less than eighteen (18) years of age on the date of the proposed fireworks display. 5. That the operator must meet the following fireworks safety requirement: a) Possess a current, valid fireworks license issued by a state of the United States which requires formal safety training; or b) Demonstrate an equivalent degree of formal fireworks safety training and experience to the satisfaction of the City Council and the Chief of the Fairfax Fire Department. 6. That any fireworks that remain unexploded after the display shall be immediately disposed of or removed for storage or disposal in a safe manner by the operator who, upon the conclusion of the display, shall make a complete and thorough search for any unexploded fireworks or fuses thereof which have not exploded or functioned. BE IT FURTHER RESOLVED, that the Linn County Sheriff or his or her designee may suspend any permit issued pursuant to this resolution should he or she determine that the health, safety, welfare of the public require the suspension, or should the applicant and/or operator fail to meet or follow the safety qualifications as set out in this resolution. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 9th day of April, 2013. AYES: Wainwright, Magers, Otto, Frieden, and Beer NAYS: None Q--41-- Jaso abe, Mayor ATTEST: r" Cyts Stimson, City Clerk/Treasurer APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council, PO Box 337, Fairfax, IA 52228 Applicant :T 30 A &Y PhoneW- 0 - [�••` l'� Address (% 45--d-3— Gail$ �j $= l �P�=P- . " k Date of Bi//rth�� 4 "`e-3 — &:�� Sponsor 17, Phone ::Alq Address (1 Led IQ 6 0 =&30 D �/SFA X Effective Dates of Permit: 5�'" / - 101 3 to /r;t ",�- Location of Display 5'((o Dates of Displays, if Known Operator y , �vr� ( l� �l i l� i Phone-! J Address 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: I 0L1 ru..4L. Insurance Company�.. � /?� �"a-f.�,y. Policy Amount 0 Fire Prevention Measures(% I approve of the Fire Chief Mayor prevention me4sures for this Fireworks Display: I hereby affirm that I have read the City of Fairfax Fireworks Permitting Resolution No. 2012-02; that I understand the Resolution's requirements; 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. /I ) I 'I I 'gnaiure of Applicant Date 13 DECLARATIONS �� ���+ r� f 1 t# fr DEC## : t 112_01 T° d l_, I.. 136'�,� rJ�?i l�'� i ,�,b � �i ; PAGE# POLICY#: 92-04-072WR�C (' tion RENEWAL 120 VIN 1 ON SMHEEF P.O BOX 200 PALO, IOWA 52324-0200 PHONE iC)NE (.,1 J) 851 21,17 POLICY PERIOD: From 4/07/2012 to 4/07/2013 12:01 AM S.T. at the address of the Named Insure, BILLING FREQUENCY: Semi -Annual NAMED INSURED: AGENT: William T & Mary E Barry West Side Agency Inc 5110 Longview Dr PO Box 200 Fairfax, IA 52228 120 Vinton St (319)365-5905 Palo, IA 52324-0200 (319)851-2147 01-100-0000 HOME GUARD SPECIAL FORM COVERAGE := CRIPTION LOC CL DED AMOUNT 001 Jewelry 01 3,660 TOTAL COVERAGE AMOUNT: 3,660 TOTAL SECTION PREMIUM: 29.28 Liability Section Liability - Grinnell Mutual Reinsurance Company COVERAGES Coverage E - Liability to Public Coverage F - Medical Payments Coverage E-1 - Damage tc --- LIMITS --- EACH EACH ANNUAL PERSON OCCURRENCE AGGREGATE 500,000 1,00o'cl—I 000 1,000 TOTAL SECTION PRE:,IUM: 54 . 00 TOTAL POLICY PREMIUM: 955.93 SEE YOUR BILL FOR AMOUNT DUE If a deductible is shown on the Declaration - _Cz item of insured property shall be subject _ ( 5 -91 -)MAP 1991 MAP 111D 3/06/2012 (CONT) IN, EL i 'I/RANC yc AGHWAY 146, PO BOX 790 -;RINNELL. IA 50112-0790 800-362-2041 )LICY NO: 0026028835 NAMED INSURED: WILLIAM BARRY MARY BARRY 5110 LONGVIEW DR FAIRFAX IA 52228 Renewal Declaration EFFECTIVE: 05/12/13 2, AGENT: WEST SIDE AGENCY INC PO BOX 200 PALO IA 52324-0200 AGENT NO.: 4953 01-100-00 A PHONE NO.: 319-851-2147 I. The policy period begins and ends at 12:01 a.m. Standard Time at the insured's address above. EFFECTIVE DATE: 05/12/13 EXPIRATION DATE: 05/12/14 UMBRELLA POLICY LIMIT SELF-INSURED RETENTION $1,000,000 PER LOSS $1.000 PER LOSS 1. REQUIRED UNDERLYING INSURANCE I ou agree that the initial or primary limits of insurance listed below are in force and will be :ontinued in force during the entire policy period of this policy for at least the limits shown . YPE OF POLICY OR COVERAGE 'ersonal Auto Liability .ecreational Vehicle Liability 'atercraft Liability ersonal or Premises Liability MINIMUM LIMIT OF INSURANCE 250,000 BI each person 500,000 BI each occurrence 100,000 PD each occurrence or 300,000 BI & PD each occurrence 250,000 BI each person 500,000 BI each occurrence or 300,000 BI & PD each occurrence 300,000 BI & PD each occurrence 100,000 BI & PD each occurrence This policy is subject to the following Forms and Endorsements: ivil Union Endorsement GMIL4791 10-11 mportant Privacy Notice GMRC7001 03-01 mportant Notice UMPF2783 07-12 ersonal Umbrella Policy UMP2760 07-11 pecial Provisions - IA UMP27731A 07-12 upporting Policy 10% Discount Applied MP2602 1 (07-11) CONTINUE NEXT PAGE DPL 03/07/13,,,08:12:47 BILLING TYPE:V.I.P. Plan MODE OF PAYMENT:Full Pay ACCT#:600243092 Insured's Copy 0026028835 ID#:1000613120 ® DATE (MMIDDIYYYY) �- CERTIFICATE•LIII 03/29/2012 THIS CERTIFICATE IS ISSUED AS A+ MATTER OF iNFORMA'fION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCED, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).- --- CONTACT PRODUCER NAME: _ _ _ PHONE 319-851-2147 FAX 319-851-5808 West Side Agency Inc. AI(_C.No Ext: (—I )= ------ E-MAIL 120 Vinton St. ADDREss__--___-._- PO BOX 200 INSURERS) AFFORDING COVERAGE _— _ NAIC # Palo, IA 52324-0200 INSURERA: WEST SIDE MUTUAL INSURANCE ASSOCIATION INSURED319-846-2977 INSURERS: Grinnell Mutual Reinsurance Company 14117 Barry, William & Mary INSURERC:------ 5110 Longview Dr Sw INSURER D: ---- Fairfax, IA 52228-9700 INSURER E: -- COVERAGES CERlIFIGAIL NUIVl.-•-•• ----- COVERAGES HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP - LIMITS _ MMIDDIYYYY MMIDDIYYYY LTR ___ EACH OCCURRENCE $ GENERAL LIABILITY DAMAGETO RENTED PREMISES Ea occurrence) _— COMMERCIAL. GENERAL LIABILITY CLAIMS -MADE :J OCCUR MED EXP (Any one person) $ _� PERSONAL & ADV INJURY $ _— GENERAL AGGREGATE $ — -- PRODl1CTS - COMP/OP AGG $ GENT AGGREGATE LIMIT APPLIES PER: $ P(� POLICY JFCTRO- I I LOC — COMBINED SINGLE LIMIT - AUTOMOBILE LIABILITYEa accident $ BODILY INJURY (Per person) $ _ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ -- NON -OWNED PeraccidentL -_— t-IIRED AUTOS _ AUTOS $ EACH OCCURRENCE— $ 1, 000, 000 UMBRELLA LIAB OCCUR - B EXCESS LIAB CLAIMS -MADE 002602_8835 05/12/2013 05/12/2014 AGGREGATE $ — $ DED RETENTION WC STATU- OTI-I- WORKERS COMPENSATION __ TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ ANY PROPRIE=TOR/PARTNER/EXECUTIVE r_� NIA _ OFFICER/MEMBER EXCLUDED? L E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NI -i) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 500,000 A HOMEOWNERS LIABILITY 92-04-072WR 03/07/2013 03/07/2014 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) FIREWORKS DISPLAY LIABILITY LIMITS SHOWN ARE SUBJECT TO CLAIMS CERTIFICATE HOLDER --- CANCELLATION - - - ----� -- -� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF FAIRFAX, IOWA 319-846-2889 -- — - — — — — AUTHORIZED REPRESENTATIVE .r -� - �" ----� ©1998-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/05)