Policy 12-2 OPERATION OF FIREWORKS STANDS

DATE: 4/27/89

DISTRIBUTION: Mayor

City Council

All City Departments

SUBJECT: Administration of Article 11, Chapter 7, Lawton City Code, 1985, as it pertains to the Operation of Firework Stands and public fireworks displays.

PURPOSE: The purpose of this policy is to provide administrative guidance and procedural responsibility for the review and inspection process associated with the submission of applications for the operation of fireworks stands and the public display of fireworks.

BACKGROUND: On May 10, 1988, Ordinance No. 88-10, pertaining to the operation of fireworks stands and the public display of fireworks, was enacted. Because this ordinance substantially amended the previously existing code requirements and because the required submission date was so close to the enactment date of this ordinance; application, review, and required inspections, while accomplished as soon as possible, were not as coordinated as they could have been if the time factors established in this ordinance could have been followed. To preclude any timing or coordination concerns in current or future years, this policy shall detail responsibility and timing of the review and inspection process from the initial application submission period to the final established date for site cleanup. Additionally, application procedures, Council approval, and inspection process will be outlined for the public display of fireworks.

PROCEDURES PRIOR TO APPLICATION

REVIEW: 1. On or before April 15 of each year, the Fire marshal shall publish a press release in a local newspaper having the widest possible circulation, which provides notice to prospective applicants for firework stands permits or permits for fireworks displays and details the following information:

A. Application deadline;

B. Location where application may be obtained;

C. Who may be contacted for further information (i.e. Fire Marshall's Office, 17th Street and Lee Blvd., 581-3298).

2. On or before May 10 of each year, the Fire Marshall shall request, in writing, from each applicable department the specific name of the staff member who will be responsible for the review of fireworks applications.

3. Prior to May 15 of each year, the Fire Marshall shall meet with all staff members identified as being responsible for the review of fireworks applications to go over the review process and to answer any questions inn advance to the actual review period.

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PROCEDURES FOR FIREWORKS STAND

PERMITS: 1. Applications for the operation of fireworks stands are required to be submitted not later than 5:00 p.m., May 15 of each year. The License and Permits Clerk shall maintain all submitted applications in a separate file specifically for that purpose until the first working day following the required submission date. The License and Permits Clerk shall number each application consecutively beginning the the number 01 for the purpose of accountability. The License and permits Clerk shall insure that all applications are complete and continue all required information listed in Section 7-1107(A), Lawton City Code, 1985. A complete application shall also contain proof of insurance under the provisions of Section 7-1116(B).

2. On the first working day following the required submission date referenced above, the Fire Marshal shall obtain two copies of the original application from the License and Permits Clerk. The original shall be maintained by the License and Permits Clerk. Copy 1 of each application shall be retained by the Fire Marshal for his use throughout the review and inspection process prior to approval. Copy 2 of the submitted application shall be routed to the appropriate review authorities by the Fire Marshal in the order established in Section 7-1111(A), i.e. City Planner, City Engineer, City Attorney. A routing sheet shall be attached, which lists the review authorities indicated above, together with lines identified as "date received," "received by", and "date forwarded." Each reviewer shall contact the Fire Marshal by telephone to indicate that his or her review is complete and that the application is being forwarded.

3. All review applications must be returned to the License and Permits Clerk no later than 12:00 p.m. on June 1. No fees shall be collected prior to approval.

4. Any application not meeting minimum requirements shall be brought to the attention of the applicant by the responsible review department within two (2) days of receipt. If the application cannot be approved, it shall be returned to the Fire Marshal for disposition. Any application that is disapproved shall be noted by the reviewer with the appropriate citation from the City Code and returned to the applicant. Reasons for denial shall be made in writing stating the specific reasons for denial by the reviewing department. A copy of the denial shall be mailed to the applicant by the review authority and a copy sent to the Fire Marshal.

5. Once all approved applications have been returned to the Fire Marshal, he shall insure that each application has been fully reviewed under the terms of this policy. Final approval authority for all applications shall be the Fire Marshal. The Fire Marshal shall contact each applicant requesting that proof of insurance and bonds be submitted at this time to the License and Permit Clerk for review by the City Attorney

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under the provisions of Section 7-1116(A). If approved, the License and Permits, after collecting the appropriate fees, shall issue permits to the approved locations.

6. All fireworks stands approved and issued a permit to operate shall be inspected by the Fire Marshal not more than forty-eight (48) hours after the legal opening date established as 8:00 a.m., June 25. All aspects of the operation shall be inspected, including provisions for rest room facilities, installation of curb mounts if required, trash receptacles, no smoking signs, etc. A check list shall be developed by the Fire Marshal for this purpose which is comprehensive with respect to all requirements pertaining to the operation of a fireworks stand indicated in Article 11, Chapter 7, Lawton City Code, 1985. This list shall be attached to this policy.

7. The Fire Marshal shall actively inspect all fireworks stands while in operation from June 25 through midnight July 5 of each year. Each stand shall be inspected by the Fire Marshal at least two (2) times during the operation or additional times, if necessary, and a written log of such visits shall be maintained.

8. All fireworks stands that are approved for the use of temporary curb mounts shall be inspected by the Planning Department's Building and Safety Division to insure that all "cold lay" asphalt material has been removed and that curbing has been returned to its original condition within forty-eight (48) hours of the fireworks stand location closing. The Fire Marshal shall request inspections and provide the Building and Safety Division with site locations to be inspected. If the site is not in compliance, notice shall be provided to the operator under the provisions of Section 7-1119, Lawton City Code, 1985, by the Building and Safety Division.

9. The Fire Marshal shall coordinate a final inspection of each fireworks stand location to insure that the site is clean and free of debris on the first working day after July 15. Notice shall be sent by the Fire Marshal to the License and Permits Clerk if a site is not cleared so that steps may be taken by the City to clear or have cleared the site under the provisions of Section 7-1116, Lawton City Code, 1985. Bonds maintained by the License and Permits Clerk shall not be released until approved by the Fire Marshal.

PROCEDURE FOR FIREWORKS

DISPLAYS: 1. All applications for fireworks displays shall be submitted directly to the office of the Fire Marshal thirty (30) calendar days prior to the date desired for the display and shall include, at a minimum, the following information:

a. Name and position title of applicant;

b. Name of organization applicant represents;

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c. Telephone number where applicant may be reached between 8:00 a.m. and 5:00 p.m.;

d. Location where display is proposed.

2. Once the application has been received, the Fire Marshal shall inspect the proposed location to insure its appropriateness for the display of fireworks.

3. Once the proposed location has the preliminary approval of the Fire Marshal, an agenda item shall be prepared on behalf of the applicant by the Fire Marshal requesting approval by the Lawton City Council for the discharge of fireworks under the provisions of Section 7-1105.

4. Once approval has been obtained from Council, the applicant shall submit bond documents and proof of insurance to the Fire Marshal for review and approval by the City Attorney.

5. Upon approval by the City Attorney, the Fire Marshal shall issue written approval of the applicant's request.

REFERENCE: Article 11, Chapter 7, Lawton City Code, 1985.

RECISSION: This policy will remain in effect until rescinded.

EFFECTIVE DATE:

____________________________

MELISSA BYRNE VOSSMER

CITY MANAGER

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Fire Marshal's Fireworks Stand

Inspection Check List

YES NO

1. Stand location(s) as indicated on the site plan _____ _____

2. Curb mounts installed (if required) _____ _____

3. Ingress/egress properly marked (if required) _____ _____

4. Stands properly separated (if more than one on site) _____ _____

5. Stand constructed on approved material _____ _____

6. Permit displayed _____ _____

7. Exit door in operable condition _____ _____

8. Approved on-premise fire-fighting equipment _____ _____

9. Is fire-fighting equipment operational _____ _____

10. NO SMOKING WITHIN 50 FEET posted _____ _____

11. DISCHARGE OF FIREWORKS PROHIBITED posted _____ _____

12. Discharge of fireworks prohibited forms available _____ _____

13. Person in charge of stand 18 or older _____ _____

14. Trash containers on site _____ _____

15. Restroom facilities on site ____ _____

__________________________________________________________________________________________________________________________

Date of Inspected:_________________________

Time:__________________________________

By:____________________________________

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(Fireworks Stand Application/Operation Time Line)

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THE ATTACHED APPLICATION WILL BE FORWARDED TO THE CITY PLANNER

AND UPON MAKING THE APPROPRIATE RECOMMENDATION WILL BE FORWARDED

IN TURN TO EACH CITY AGENCY INDICATED BELOW. tHE FINAL ACTION BY

THE FIRE MARSHALL, NO LATER THAN JUNE 1, 1989.

DATE RECEIVED DATE

RECEIVED BY FORWARDED

CITY PLANNER ________ ________ __________

CITY ENGINEER ________ ________ __________

CITY ATTORNEY ________ ________ __________

FIRE MARSHALL ________ ________ __________

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APPLICATION FOR FIRE WORKS STANDS

(FILING DEADLINE 5:00 P.M. MAY 15, ANNUALLY, AND WILL BE

APPROVED OR DISAPPROVED NO LATER THAN JUNE 1)

Applicant Name Telephone Number

_____________________________________ __________________________________

(Must be available 8:00 a.m. to 5:00 p.m.)

Applicant's Address:____________________________________________________________________

Address of Stand_______________________________________________________________________

Application Date ________________________ Approval Date_______________________