(a) Generally. Every permit required by Section 387.06 must contain the name of the responsible person to whom the permit is to be issued, a description of the place or building and part of a building or premises that the permit is being applied for, the signature of the applicant, and all other particulars that may be required as necessary and proper by the City Fire Chief.
(b) Pyrotechnic Permits. Prior to issuance of a permit pertaining to the use of pyrotechnics within the boundaries of the City, the permit applicant must develop a plan that, at a minimum, contains information consistent with applicable laws and regulations including, without limitation, OAC 1301:7-7-33 or its successor regulation(s), plus additional or more restrictive information as determined to be pertinent by the City Fire Chief. Pyrotechnic permits (including fireworks) must include at a minimum:
(1) The name of the person, group, or organization sponsoring the production;
(2) The date and time of day of the production;
(3) The exact location of the production;
(4) The name of the exhibitor and/or operator actually in charge of creating the pyrotechnic special effect;
(5) The number, names, and ages of all assistants who will be present;
(6) The qualifications of the exhibitors and/or operators;
(7) The experience of the exhibitor and/or operator in using pyrotechnics;
(8) Proof of a valid exhibitor license issued by the Division of State Fire Marshal;
(9) Evidence of the permit holder’s insurance carrier or financial responsibility under Section 387.16 of this chapter;
(10) The number and types of pyrotechnic devices and materials to be used, including the sequence in which the materials will be fired, for example, the performance times of the exhibit such as the opening, finale, etc., the exhibitor’s experience with the devices and effects, and a definition of the general responsibilities of assistants;
(11) A diagram of the grounds or facilities where the production will be held. The diagram must show the point at which the pyrotechnic devices are to be fired from, the fallout radius for each pyrotechnic device used in the performance, and the lines behind which the audience shall be restrained;
(12) The point of on-site assembly of pyrotechnic devices, and in the case of outdoor displays, the manner in which mortars are installed and secured (for example, in drums, boxes, racks, buried, troughs, etc.);
(13) The manner and place of storage of the pyrotechnic materials and devices;
(14) The manufacturer of the material to be used;
(15) A Material Safety Data Sheet (MSDS) for the effects to be used;
(16) Certifications that the set, scenery, and rigging materials are treated with appropriate flame retardant;
(17) The location and rating of all fire extinguishers;
(18) Contingency plans that will, at no cost to the City, detail the method that will be used to return the site of the pyrotechnic display to the condition it was prior to the performance, (for example, include street cleaning, debris removal, etc., as necessary);
(19) The operator shall be responsible for operations, storage, and use, of explosives, pyrotechnics, and special effects as covered by this chapter, including all safety issues related to the adopted rules and standards of this chapter. In events where the operator and the exhibitor are the same person, that person must assume the responsibilities of both positions.
(20) Applications for all permits for the use or storage of pyrotechnics or the use of lasers or flame effects, will be made to the City Fire Chief by the party who is providing the liability insurance for the event, and/or the Ohio licensed exhibitor in charge of the display, as considered appropriate by the Fire Chief. The applicant must provide proof of insurance under Section 387.16 prior to permit issuance.
(c) The operator/exhibitor must have the original permit in their possession for inspection purposes by the Fire official. All information required in this chapter must be maintained on the premises.
(d) The City Fire Chief, prior to the event, must approve the issuance of the permit before any pyrotechnic effects are added to a performance, or the firing or the firing location of any pyrotechnic effects are altered.
(e) All laser displays must require a separate permit and an overall effects plan before issuance of a permit unless otherwise approved by the Fire Chief. This plan must include:
(1) The scope and use of the laser;
(2) The classification of the laser (for example, Class III-IV);
(3) The qualifications of the laser safety officer (LSO);
(4) The times that the laser will be used;
(5) A diagram of placement of mirrors or other materials that may produce hazardous specular reflections and their termination points;
(6) Audience proximity, including distances from the beams to the audience;
(7) FDA variance number and a copy of the docket, as well as, any applicable attachments;
(8) Safety factors and any other information required by the Fire Chief. Safety factors include placement of fire extinguishers, appropriate display of warning labels and signs, ratings of fire extinguishers and stand-by safety personnel. All laser usage must be documented that it is in conformity with the safety requirements of ANSI Z136, NFPA 115, and 21 C.F.R. Chapter I, Part 1040. The laser safety officer or operator must sign applications for laser permits.
(f) Flame Effects. Before the performance of any production, the permit applicant must submit a plan for the use of flame effects to the City of Cleveland Fire Prevention Bureau. The plan must be made in writing or other form that is acceptable to the City Fire Marshal and must demonstrate compliance with NFPA Standard 160 listed in OAC 1301:7-7-44. The plan must include, but is not limited to include the following:
(1) The name of the person, group, or organization sponsoring the production;
(2) The date and time of day of the production;
(3) The exact location of the production;
(4) The name of the flame effect exhibitor and proof of a valid flame effect exhibitor license issued by the Fire Marshal;
(5) The number, names, and ages of all assistants that will be present;
(6) The qualifications and experience of the flame effect exhibitor;
(7) The flame effect classification and design criteria in accordance with NFPA 160 listed in OAC 1301:7-7-44;
(8) A diagram of the site indicating the location of all flame effect devices, the areas affected by each device, location of the audience and separation distances, means of egress, and information on all fuels and ventilation for each effect;
(9) A narrative description of the flame effect, controls, and control sequences of all devices and emergency response procedures;
(10) A valid Material Safety Data Sheet (MSDS) for each fuel utilized;
(11) Documentation that the set, scenery, and rigging materials are treated with the appropriate flame retardant;
(12) After a permit has been granted, the person who obtained the permit must keep the plan available at the site for safety inspectors or other designated agents of each authority having jurisdiction;
(13) A permit holder must not add flame effects to any performance in a different manner than described in the plan submitted with the application for a permit unless the City Bureau of Fire Prevention first approves of it.
(g) It is the responsibility of the party seeking the permit to comply with all applicable federal, State or City laws and regulations under the permit. This includes, but is not limited to, the requirements of the Federal Aviation Administration (FAA), Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), Public Utilities Commission of Ohio (PUCO), and State of Ohio.
(h) The operator is responsible for operations, storage, and use of explosives, including pyrotechnics and special effects as covered by this chapter, including all safety issues related to the adopted rules and standards of this chapter. In events where the operator and the exhibitor are the same person, that person must assume the responsibilities of both positions.
(i) The exhibitor must ensure that all rules and standards governing the use of explosives including pyrotechnics and special effects, are being maintained to the current standards and rules adopted in this chapter, demonstrate compliance to the City Fire Chief or the Fire Chief’s designee. It is the responsibility of the exhibitor, to the best of their professional judgment, to demonstrate to the City Fire Chief or the Fire Chief’s designee that all aspects of the performance are being performed in a manner consistent with good work practices, as it applies to this chapter. In events where the exhibitor and operator is the same person, that person must assume the responsibilities of both positions.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)