(A) Every person who ignites, discharges, or uses fireworks shall follow National Fire Protection Association (NFPA) Code 1123 for Fireworks Display and/or the Village of Birch Run requirements, whichever is more restrictive.
(B) Every person who is granted a permit to ignite, discharge, or use fireworks shall maintain personal liability insurance/property damage liability insurance in the amount of $2,000,000 as a minimum during each event. Additional insurance may be required based upon conditions and/or the location of the display. The Village of Birch Run and its employees and/or officers shall be named as additional named insured on the insurance policy. The insurance policy must be submitted with the aforementioned application and shall be subject to review by the village's liability insurance provider. The insurance policy shall also include coverage for the cleanup after the event has ended.
(C) Any person using fireworks shall be responsible for all shells or devices being fired or burned. In the event any shell does not explode, the person shall secure the area until the unexploded shell is found and properly disposed of.
(D) Smoking in an area where fireworks are being used is prohibited under NFPA 1124, 7.3.11.1.
(E) Nothing herein limits the liability of any individual for injury to any person or property as a result of the use of fireworks, including any fire suppression costs incurred as a result of improper, careless, or negligent use of fireworks.
(Ord. - -, passed 10-27-2014)