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HomeMy WebLinkAboutRESOLUTION NO. 2016-31 RESOLUTION NO. 2016-31 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 12th day of April, 2016. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS: None t`.—a - urnell G. Frieden, Mayor ATTEST: I? 1A714a. r SSYNY--- Cyntyiia Stimson, City Clerk/Treasurer P . r 1.\C, ..a .L , ' J % 1 , .... 4.\ .i d APPLICATION FOR FIREWORKS PERMIT TO: Fairfax City Council,PO Box 337,Fairfax,IA 52228 9 Applicant T�Lz' 1 _ lr ) 1^1 T1 Phone l6" a'''29 Address 5 t t 0 (...-00tX y ALL) L)a Date of Birth S"- 9 S.' Q Sponsor �,/��iAyrt. 7, ���AKy Phone 896- 015e11Address 6-'it 0 Aol)61, &t U Lt J O R •(( / ✓f.�.2 X - —747.0 --- Date/Time of Display 6 req,..) PARvri2.r ( - e 0r!6 -- C 16 Location of Display �-j t/40 (....o06.,l� /gPA J( '` Operator it..)t r-j,(4 c,/�- _ (, gf AR.y Phone gyp- pZ2 Address 5 t 0 Qualifications of the Operator(proof may be required) I. `/ Fireworks Operator License from another state 2. x Pyrotechnics Guild International,Inc.Certification 3. Other formal fireworks safety training.Please specify: Insurance Company 6►►,2,z,.10sub.Z-L.- c�1► Policy Amount 17f (,'�w d f a\ Fire Prevention Measures llx) I approve of the location and fire prevention measures for this Fireworks Display: Fire Chief Sal. 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 y the granting of the permit for which I am applying. .�• a ire of Applicant - Date • Aca a'R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) • �._. 03/03/2016 THIS CERTIFICATE IS ISSUED AS A 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(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). PRODUCER CONTACT NAME: Bonnie White West Side Agency, Inc. (A/C No.Ext): (319)851-2147 FAX No): (319)851-5808 120 Vinton Street, PO Box 200 ADDARESS: bellewhite@netins.net Palo, IA 52324 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Grinnell Mutual Reinsurance Company 14117 INSURED INSURER B: West Side Mutual William Barry Mary Barry INSURER C: 5110 Longview Dr SW INSURER D: Fairfax, IA 52228 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-87490 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL SWUBR POLICY EFF POLICY EXP NSD VD POLICY NUMBER (MM/DDIYYW) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ A X UMBRELLA LIAB OCCUR 0026028835 05/12/2015 05/12/2016 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 X DED RETENTION$ 10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B HOMEOWNERS LIABILITY 92-04-072WR 04/07/2015 04/07/2017 500,000 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is 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 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (BMW) ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Printed by BBW on March 03,2016 at 11:50AM i7,771 THE PYROTECHNICS GUILD INTERNATIONAL, INC. A .` Certifies That trA' BARRY WILLIAM 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 2017 •