(A) (1) No person shall sell or store fireworks within 100 feet of any fuel dispensing apparatus unless within an approved structure or building.
(2) Fireworks sales and display shall not be permitted within malls, within buildings where alcohol is sold and within assembly areas such as halls, theatres, churches or schools.
(3) The designated Fire Official shall determine compliance.
(B) It shall be unlawful for a seller of any fireworks to permit smoking at any site containing fireworks. “No smoking” signs must be conspicuously posted and approved fire extinguishers must be available for use.
(C) In buildings that do not have an approved automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 400 pounds of fireworks and packaging. In buildings that do contain an approved automated sprinkling system, the amount of fireworks contained in retail sales displays shall be a maximum of 1,000 gross pounds of fireworks and packaging.
(D) The requirements of this subchapter are in addition to any requirements imposed by any building and zoning regulations, fire codes or state law.
(E) Only persons 18 years of age or older may purchase fireworks and the age of the purchaser must be verified by photographic identification. It shall be unlawful for any person to sell fireworks to persons under the age of 18.
(F) Exterior storage, display, sales or transient sales of fireworks are permitted subject to a site plan review. Site plans shall be submitted for review and approval a minimum of 30 days before display. A distance of 100 feet shall be provided from the exterior display to adjacent buildings, combustibles or flammable liquids. No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies.
(G) A list of all consumer fireworks displayed for sale and stored on the property shall be available at all times. The list shall document the name, weights and quantity of the fireworks and be accompanied by the material safety data sheets.
(H) Manufacturing, warehouse buildings or sales displays in excess of quantities listed in division (E) above for retail consumer fireworks shall be classified as an H occupancy, as defined in the Building Code, and protected as such; similar to explosives and aerosols and in accordance with Ch. 33, Explosives and Fireworks, of the International Fire Code (2015).
(I) A handout describing fireworks shall be provided to each consumer purchasing fireworks.
(2002 Code, § 4.36) (Ord. 37, Sixth Series, effective 5-15-2005) Penalty, see § 116.99