545.10  FIREWORKS SALE, POSSESSION AND DISCHARGE.
   (a)   "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or  an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model
rocket engines, designed, sold and used for the purpose of propelling recoverable acro models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times.  Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
(WVaC 29-3-23)
   (b)   Except as hereinafter provided, no person, firm, copartnership or corporation shall offer for sale, possess, expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks, provided, permits for the supervised display of fireworks may be granted upon application to the State Fire Marshal and after approval of the Police and Fire Chiefs, and the filing of a bond by the applicant as provided hereinafter.  Every such display shall be handled by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Fire Chief, after proper inspection, and of the Police Chief shall not be hazardous to property or endanger any person or persons.  After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only.  No permit granted hereunder shall be transferable.
   The Mayor shall require a bond from the licensee in a sum not less than one thousand dollars ($1,000) conditioned on compliance with the provisions of this section and West Virginia Code Article 29-3 and the regulations of the State Fire Commission, provided, that the Municipality shall not be required to file such bond.
   Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public.
(WVaC 29-3-24)
   (c)    The regulations contained within this subsection are hereby adopted  with respect to the display of Class C fireworks  and  novelties, as  defined in West Virginia  Code Section  29-3-23, being sold inside new mercantile occupancies. As used in this subsection, "mercantile occupancies" shall include, but not be limited to, the following:
      (1)    Stores, markets and other rooms, buildings or structures for the display and sale of merchandise; and
      (2)    New buildings or portions thereof used as mercantile occupancies; and
      (3)    Additions made to, or used as, mercantile occupancies; and
      (4)    Alterations, modernizations, repairs or renovations of existing mercantile occupancies; and
      (5)    Existing buildings or portions thereof upon change of occupancy to mercantile occupancies.
   Display for Class C fireworks and novelties being sold inside of a mercantile occupancy shall be displayed in a glass or transparent showcase which shall be locked at all times.
   The sale of such fireworks and novelties shall be under the direct supervision and control of a competent person at least twenty-one years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures.
   Smoking, matches, open flames and any and all other spark-producing devices and firearms, except those firearms within the legal possession of duly authorized law enforcement officials, shall not be permitted within twenty-five feet of a showcase. Signs shall be posted in conspicuous places in, on and around all indoor displays with the words  "FIREWORKS - NO SMOKING" in letters of not less than four  inches in height. Not less than two exits shall be maintained upon the premises and shall remain unobstructed at all times with no exceptions.
   Extinguishing equipment shall be kept and maintained upon the premises and shall include, but not be limited to, a sprinkler system installed in  accordance with N.F.P.A. Standard 13 of the National Fire Code, and a ten pound A.B.C. fire extinguisher shall be kept and maintained a distance of not more than six feet from each showcase.
   Emergency lighting and illuminated exit signs shall be installed and maintained upon the premises.
   All electrical fixtures contained upon the premises shall be dust-ignition proof. All electrical wiring shall comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A. Standard 70 of the National Fire Code. Electrical receptacles or unguarded light fixtures shall not be permitted within twenty-five feet of any fireworks or pyrotechnic composition. Light fixtures located within twenty-five feet of any fireworks or novelties shall be properly secured. Electrical  disconnect  devices shall be located outside each storage area and shall be arranged and engineered to de-energize all electrical power to the building, room, trailer, semi-trailer, mobile facility or other structure constituting a new mercantile occupancy.
   (d)   The regulations contained within this subsection  are hereby adopted  with respect to the display of Class C fireworks and novelties being sold inside existing buildings and structures.
   Display for Class C fireworks and novelties being sold inside of an existing building or structure shall be displayed in a glass or transparent  showcase which shall be locked at all times.
   The sale of such fireworks and novelties shall be under the direct supervision and control of a competent person at least twenty-one years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures.
   Smoking, matches, open flames and any and all other spark-producing devices and firearms shall not  be permitted within twenty-five feet of a showcase. Signs shall be posted in conspicuous places in, on and around all indoor displays with the words "FIREWORKS - NO SMOKING" in letters of not less than four inches in height. No less than two exits shall be maintained upon the premises and shall remain unobstructed at all times with no exceptions.
   Extinguishing equipment  shal1 be kept and maintained upon the premises and shall include, but  not  be limited to, a ten pound  A.B.C. fire extinguisher to be kept and maintained a distance of not more than six feet from each showcase.
   Emergency lighting and illuminated exit signs shall be kept and maintained upon the premises.
   All electrical  fixtures contained upon the premises shall be dust-ignition proof. All electrical wiring shall comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A. Standard 70 of the National Fire Code. Electrical receptacles or unguarded light fixtures shall not be permitted within twenty-five feet of any fireworks or pyrotechnic composition. Light fixtures located within twenty-five feet of any fireworks or novelties shall be properly secured. Electrical disconnect devices shall be located outside each storage area and shall be arranged and engineered to de-energize all electrical power to the existing building, room, trailer, semi-trailer, mobile facility or other structure.
   (e)    The regulations contained within this subsection are hereby adopted with respect to the display of Class C fireworks and novelties being sold outdoors.
   No Class C fireworks or novelties shall  be offered  for sale within 300 feet of the property line of any church, hospital or school, or shall be offered for sale within fifty feet of the property line upon which any flammable liquid dispensers or flammable liquid storage areas are located.
Any vendor offering such fireworks or novelties for sale shall maintain his or her property free of all weeds, dried grass and other combustible materials for a distance of not less than twenty-five feet in any direction from the outer edge of any building or structure within which such items are offered for sale.
   Every outdoor display shall be located not less than twenty-five  feet from all rights-of-way including, but not limited to, highways, streets, avenues, roads, plazas, alleys, curbs, ways, lots, lanes, sidewalks or any other building or structure located on the same property.
   Every outdoor display shall be presented in the form of empty  boxes or containers  bearing the brand name of the Class C fireworks and novelties being displayed for sale and shall be situated on a table or in a booth. All  samples  of Class C fireworks and novelties displayed for sale shall be kept in a locked glass or transparent showcase.
   The sale of such fireworks and novelties shall be under the direct supervision and control of a competent  person at least twenty-one years of age and duly qualified and responsible for enforcing all safety regulation, standards and measures.
   Fireworks or other unauthorized open flames are prohibited in any tent or other temporary membrane structure.
   Smoking, matches, open flames and any and all other spark-producing devices and firearms, except those firearms within the legal possession of duly authorized law enforcement officials, shall not  be permitted inside any outdoor display or within twenty-five feet thereof.  Signs shall be posted in conspicuous places in, on and around all outdoor displays with the words "FIREWORKS - NO SMOKING" in letters of not less than four inches in height. A ten  pound A.B.C. fire extinguisher shall be kept and maintained not less than a distance of six  feet from the outdoor display.
   (f)    The regulations contained within this subsection  are hereby adopted with respect to the storage of Class C fireworks and novelties.
   Class C fireworks and novelties shall be stored and maintained in a building or a room located inside a building, trailer, semi-trailer or other  mobile facility. Such  building, trailer, semi-trailer or other mobile facility shall  be constructed in such a manner so as to resist fire from any external or internal source, and shall be weather-resistant and theft-resistant in accordance with the standards governing a two hour fire rating. All openings shall be equipped with appropriate means for locking. All doors shall open outward. All exits shall be clearly marked. All aisles and exit doors shall be kept  and maintained unobstructed at all times with no exceptions.
   All electrical fixtures contained upon the premises shall be dust-ignition proof. All electrical wiring shall comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A. Standard 70 of the National Fire Code. Electrical receptacles or unguarded light fixtures shalt not be permitted within twenty-five feet of any fireworks or pyrotechnic composition. Light fixtures located within twenty-five  feet of any fireworks or novelties shall be properly secured. Electrical  disconnect  devices shall be located outside each storage area and shall be arranged and engineered to de-energize all electrical power to the building, room, trailer, semi-trailer, or mobile facility.
   All storage areas shall be under the direct supervision and control of a competent  person at least twenty-one years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures. All doors in such storage areas shall be kept locked at all times.
   Class C fireworks and novelties shall be stored in their original packages in unopened containers, cases and cartons. All containers shall be organized and placed neatly and in a stable and properly secured manner.
   All tools used for opening containers, cases and cartons shall be spark-proof.
   All storage areas shall be kept and maintained in a clean and dry manner, free and clear of all grit, paper, empty used packages, boxes, containers, cases, cartons and all other garbage, rubbish and litter.
   All garbage, rubbish and solid waste from storage areas shall  be disposed of properly and as specified in the Codified  Ordinances.
   All fireworks of any kind, type or nature shall be removed  from the interior of the storage area prior to the performance of any repairs to be made thereto. In addition, such interior shall be cleaned prior to the making of any such repairs.
   All fireworks of any kind, type or  nature  shall be removed from the exterior of the storage area prior to the performance of any repairs to be made thereto. In addition, such exterior shall  be cleared of all  dead vegetation, garbage, rubbish and other solid waste prior to the making of any such repairs.
   Smoking, matches, open flames and any and all other spark-producing devices and firearms, except those firearms within the legal possession of duly authorized law enforcement officials, shall not be permitted inside of any storage area or within twenty-five feet thereof. Signs shall be posted in conspicuous places in, on and around all outdoor displays with the words "FIREWORKS - NO SMOKING" in letters of not less than four inches in height. A ten  pound A.B.C. fire extinguisher shall be kept and maintained not less than a distance of six feet from all storage areas.
   (g)   As used in this article, the term "novelties", as defined in West Virginia Code Section 29-3-23 and in N.F.P.A Standard 1123 of the National Fire Code, shall mean any device containing small amounts of pyrotechnic or explosive composting, or both, but not described as consumer  fireworks, and which produce limited visible or audible effects.
   (h)    As used in this article, the term "Class C fireworks", as defined in N.F.P.A. Standard 1123 of the National Fire Code, shall mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission.
   (i)    Whoever violates any of the provisions of this section shall be fined not more than five  hundred  dollars ($500.00), or imprisoned not more than thirty  days, or both. Each violation of the provisions of this section shall constitute a separate offense.
   (j)    The provisions of this section shall be enforced by the Fire Marshal, or his designee, by warrant or citation in the Municipal Court.
(Ord. 97-01)