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Home My WebLink AboutRESOLUTION NO. 2014-50 RESOLUTION NO. 2014-50 12.ESOLuT:,O:N APPROVING FIREWORKS PERMIT FOR WI:,LLIAM,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 file 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. Fireworlo: 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 (118) 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, S. 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 mariner 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 hi 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 13th day of May, 2014, AYES: Beef, Frieden, Otto, Magers, and Wainwright NAYS: None Jason',Rabc, Mayor ATTEST': kQ cr I 67 0 (.6 1 Cynthj'a Stimson, City Clerk/TreasureT ®® % k ainnewo AN, APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council.,.,PO Box 337,Fairfax,IA 52228 ��1 Applicant[_� � --�,�?-5f!� ! fes' Z� Phone `��+ r "' t 6—511 Address � N 3 D V 7' Date of Birth —c3c3"' Sponsor_( J=_U-.�,.O Phone � Datell ime of Display Location of Display s—? t Operator Phone` Address Qualifications of the Operator(proof may be required) I. Fireworks Operator License from another state 2._ Pyrotechnics Guild International,.Inc.Certification 3. Other formal fireworks safety training.Please specify- Insurance Company .�{ (10 Policy Amount _ Li7 �r (jGa�?� x t��• - -- Fire Prevention Measures.0,&) I approve of the location and fire prevention m asures for this Fireworks Display: r ; Fire Chief Mayor_ I hereby affirm that I have read the City of Fairfax Fireworks Permit Resolution 02-116-11-4; 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 pernut for which I am applying. Siature of Applicant _ e REIN B7421HIGHWAY PO ox 90 PERSONAL UMBRELLA POLICYDECLARATIONS GRINNELL,IA50112-07901 $00-362-2041 POLICY RSO: 0026023 835 Renewal, Declaration, EFFECTIVE: 05/12/14 1. TAMED INSURED: 2. AGENT: WILLIAM BARRY WEST SIDE AGENCY INC MARY BARRY Pp BOX 200 5110 LONGVIEW DR PALO IA 52324-0200 FAIRFAX IA 52223 AGENT NO. : 4953 01-100-00 A PRONE NO. : 319-851-2147 3. The policy period begins and ends at 1.2;01 arra. Standard Time at the insured's address above. EFFECTIVE DATE: 0.5/12/14 EXPIRATION DATE„ 05/12/15 4. UMBRELLA POLICY LIMIT $1,000,000 PER LOSS SELF-INSURED RETENTION $5,000 PER LOSS 5. REQUIRED UNDERLYING INSURANCE You agree that the initial or primary limits of insurance listed below are in force and will be continued in force during the entire policy period of this policy for at least the limits shown TYPE OF POLICY OR COVERAGE MINIMUM LIMIT OF INSURANCE Personal Auto Liability 250,000 BI each person 500,000 BI each, occurrence 100,000 PD each occurrence or 300,000 BI & PD each occurrence Recreational Vehicle Liability 250,000 BI each person 500,000 BI each occurrence or 300,000 BI & PD each occurrence Watercraft Liability 300,000 BI & PD each occurrence Personal, or Premises Liability 100,000 BI & PD each occurrence 6. This policy is subject to the following Forms and Endorsements: Civil Union Endorsement GMIL4791 10-11 Important Privacy Notice GMRC7001 03-01 Personal Umbrella Policy UMP2760 07-11 Special Provisions - IA UMP27731A 07-12 Important Notice UMP2785 10-13 Oil Or Gas Well Liab Excl GMIL4618 07-13 Important Notice GMIL4619 07-13 UMP2602 (07-11) CONTINUE .NEXT" PAGE DPL 03/06/14 13:57:55 BILLING TYPE:V.I.P. Plan MODE OF PAYMENT:F"ll Pay ACCT#:600243992 002602BB35 ID#:1000623120 Insured's Copy I cc �ynun�Y'� Ib�.. Aja.�J.��t.�.,a^,..,...r..^c-..�..,.1.�..g,..�....ry�r�+.,,�.^.^.�..—.-t�7,�.. INTERNATIONAL, INC. � Certifies"t"hat BARRY WiLuAm Inas successfully completed the PGI1 Display Firmorks Operator Certification and Safety Program,requiring attendance at lectures i' and demonstrations,a passing score on a mitten examination,and documented display fireworks shooting experience. Expires:30 April 2017 I