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Home My WebLink AboutRESOLUTION NO. 2016-30 RESOLUTION NO. 2016-30 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 a request for fireworks display permit from Lynn Miller of the Fairfax Fire and Rescue Department, 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 12th day of April, 2016. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS: None kia_s_e_e., _____„ ,(2....._ Burnell G. Frieden, Mayor ATTEST: ( ,f11 ?L' I Cyn is Stimson, City Clerk/Treasurer • F ,,,,., . �, ky'0.. ��v y-i ▪ CC 1 . y O (7 . t.Si"-.•' • APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council,PO Box 337,Fairfax,IA 52228 Applicant Fairfax Fire Department—Lynn Miller Phone 319-310-6080 Address PO Box 45—505 G Avenue West,Walford,IA 52351 Date of Birth 10/31/1965 Sponsor Fairfax Fire Department Phone 319-846-3178 Address 525 Vanderbilt Street,Fairfax,IA 52228 Date/Time of Display Yearly Permit including USA Days June 24-26 and Training Dates TBD Location of Display City Park—Linn Street Fairfax,Iowa Operator Lynn Miller Address PO Box 45—505 G Avenue West,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/Fire Department Insurance Policies Policy Amount Fire Prevention Measures Fire Department will be onsite I approve of the loc tion d e prey ntion measures for this Fireworks Display: Fire Chief Ji Mayor 4..-..____,,, c...„- ---,.6 I hereby affirm that I have read the City of Fairfax Fireworks Permit Resolution 02-06-11-4; that I understand the Resolutions 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 wil 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. ./ 3 --2-it -1 - Signature Date � FO THE PYROTECHNICS GUILD 3 . p INTERNATIONAL, INC. ',t• $i• Certifies That LYNN MILLER Has successfully completed the PGII Display Fireworks Operator Certification and Safety Program,requiring attendance at lectures and demonstrations,a passing score on a written examination,and documented display fireworks shooting experience. Expires:30 April 2018