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HomeMy WebLinkAboutRESOLUTION NO. 2015-34 SOLUTION NO. 2015-34 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 pen-nit 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 i 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 pennit 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 $2,000,000. 4. That the applicant and operator be persons of not less than eighteen {1$} years of age on the date of the proposed lirewmk,s 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. Tbat any fireworks that remain unexploded alter 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,LVED, 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 14th day of April, 2015, AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers Jason . be, Mayor Arap�+►, opotl,��i ATTEST: Ce r iia a . Cyn is Stimson, City Clerk/Treasurer atl o i AP'PLICA'TION FOR FIIZEWORKS PERMIT TO: Fairfax City Council,PO Box 337,Fairfax,IA 52228 Applicant � .E.- 11,r► � _ ! 7f2, tf Phone LY6 !r� Address S ®. bate of Birth c7 li` r Sponsor IN 4 YY`r � +7� Phone '— AddressldU tar. IrJ . Date/Time of Display,�t �►+4�,...._ ���x._.0�. ,�� ��` ��. j�� s�„�_,,���,�. Location of Display Operator �''L�- ,�}yam__.j,, 1.'7 f�l�`S Phone Address /D �-6/145W..� L tAl) (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: i I Insurance Company Policy Amount bOp Fire Prevention Measures /' -` j jG 414 172 P, E!�.e ryf I approve of the locatii05 anlK,re prevention rfleasurq for this Fireworks Display; Fire Chief Mayor I hereby affirm that I have read the City of Fairfax Fireworks Permit Rcsolution 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,1 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 night arise or accrue by reason of the granting of the permit for which I am applying. Pr� �;�!�", c of Applicant Date PATE SM MrDDaYYY'rp AC:7C)RL>� CERTIFICATE OF LIABILITY INSURANCE 03123t201S j THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION 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 PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms aind 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). PRODUCER. CONTACT NAME: Bonnie White West Side Agency, Inc. PHONE (319)851-2147 we No); (319)851-6808 120 Vinton Street,PO Box 200 E DRRE`SS: bellewhlts n6tlnS-net Palo, IA 52324 INSURER(S)AFFORDING COVERAGE NAIL INSURER A.: Grinnell Mutual Reinsurance.Company ___. INSURED INSURERE; West Side MLltural William Barry INSURER C; Mary Barry 5110 Longview Dr SW INSURER D: INSURE: Fairfax, IA+62228-9700 INSURER R F COVERAGES CERTIFICATE NUMBER: 00000000.0 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTVVITHSTAND#NG 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, EXCLUSION'S AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID iCLAIMS. INSR ADDL SUB POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER MM/DD LIMITS KIVIDDCYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO_JCLAIMS-MADE �OCCUR PREM SES Ee ocrcurrarce $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PR0 LOC PRODUCT'S-COMPIOPAGG $ Jk CT A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT" ANY AUTO BODILY INJURY(Per persan) $ ALL OWNED SCHEDULED BODILY INJURY(Per accldert) $ AUTOS NO PROPERTY DAMAGE $ HIREDAUTOS AUTOS PeraccIdent $ A X UMtlBRELLALRABOCCUR 0026028835 OW1212014 0511212415 EACH OCCURRENCE $ 1,0:00,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $ 11000100 X DED I RETENTION$ 10000 $ WORKERS COMPENSATION SER t.ffE OERH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ N f A EL EACH ACCIDENT $ D? OFFICERIMEMBER EXCLUDE (Mandatory In NH) E,L DISEASE-EA EMPLOYE $ If yyas,desrtribe under C7E5CRIPTION OF OPERATIONS R claw_ —„, E.L.DISEASE-POLICY LIMIT $ B HOMEOWNERS LIABILITY 92.04-072WR 04/0712015 0410712016 600,000 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space I$required) FIREWORKS DISPLAY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN TO WHOM IT MAY CONCERN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE 4. BB ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks ofACORD Printed by BBW on March 23,2015 at 03:04PM PERSONAL UMBRELLA POLICY DECLARATIONS f5 HIGHWAY 146,PO BOX 790 GRINNELL,IA 50112-0790 800-362-2041 POLICY NO: 0026028835 Renewal Declaration EFFECTIVE: 05/12/15 1. NAMED INSURED: 2. AGENT: WILLIAM BARRY WEST SIDE AGENCY INC MARY BARRY PO BOX 200 5110 LONGVIEW DR PALO IA 52324-0200 FAIRFAX IA 52228 AGENT NO. : 4953 01-100-00 A PHONE NO. : 319-851-2147 3. The policy period begins and ends at 12-01 a.m. Standard Time at the insured's address above. EFFECTIVE DATE: 05/12/15 EXPIRATION DATE: 05/12/16 4. UMBRELLA POLICY LIMIT $1,000,0100 PER LOSS SELF-INSURED RETENTION $1,000 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 B.T. & 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 UMP2773IA 07-12 Oil Or Gas, Well Liab Excl GMIL4618 07-13 Supporting Policy 10% Discount Applied UMP2602 (07-11) CONTINUE NEXT PAGE AVE 03/17/15 13:46:20 BILLING TYPE:V.I.P. Plan MODE OF PEYMENT:Full Pay ACCT#:600243092 nn2902RA3S ID4:1000613120 Insured Copy