A. Requirements And Conditions: Temporary fireworks stands, and the use thereof, shall be in compliance with the following conditions:
1. Temporary stands shall meet the minimum structural stability requirements for temporary buildings as required by applicable local or state building codes. Stands shall be constructed in a safe manner and of such materials as will ensure the safety of the attendants, patrons and other persons. If wired for electricity, the wiring must conform to the electrical code of the city.
2. A stand shall not be erected before May 5 nor remain after July 20 for the first sales period, nor shall it be erected before December 7 or remain after January 16 for the second sales period. The premises on which the stand is erected shall be cleared of all structures and debris no later than July 20 or January 16, respectively.
3. Each stand shall have at least two (2) exits at least thirty inches (30") wide which shall be unobstructed at all times and one additional exit for each thirty two feet (32') of rear wall area in excess of thirty two feet (32'). All doors shall open outward and shall be kept unlocked and unlatched during the hours of operation and shall be free and clear at all times.
4. Each stand shall have at least two (2) fire extinguishers with a 2-A minimum rating, in good working order, with a current inspection tag in place, located near the exits in a visible and readily accessible manner.
5. "No smoking within 25 feet" signs shall be prominently displayed on all four (4) sides of each stand. Smoking shall not be permitted inside the stand.
6. All flammable weeds, grass and other combustible material shall be cleared from the fireworks stand and for a distance of not less than twenty feet (20') on each side of the stand. The stand operator shall not allow any rubbish to accumulate in or around the stand causing a fire nuisance. Only noncombustible waste containers shall be permitted within the stand.
7. Fireworks stands shall not be located within twenty five feet (25') of any other building or structure, nor within fifty feet (50') of the property line of any gasoline station, oil storage tank or premises where inflammable liquids are kept or stored, nor within one hundred feet (100') of fuel dispensing devices.
8. Each fireworks stand shall have an adult supervisor in attendance at all times. No child or children under the age of sixteen (16) years shall be allowed inside any fireworks stand at any time, nor shall any child under the age of sixteen (16) years be allowed to sell fireworks.
9. Fireworks stands shall be located only in those areas within the city where business or commercial activities are authorized.
10. Fireworks shall not be discharged, ignited or exploded within one hundred feet (100') of any fireworks stand, gasoline station, oil storage tank or premises where inflammable liquids are kept or stored.
11. No fireworks stand shall have a floor area in excess of seven hundred fifty (750) square feet.
12. If merchandise is left in the stand when not open for business, an adult night watchman shall be present at the location and a self-contained living unit or recreational vehicle that includes toilet facilities must be provided for the watchman. No person employed as a watchman shall be permitted to remain inside any stand when it is not open for business.
B. Additional Permit Fee: The applicant for a permit to sell nonaerial common fireworks from a temporary fireworks stand shall submit an additional fee, as set by resolution of the city council, for inspection of the temporary fireworks stand, in addition to the fee required for the application to sell as otherwise provided herein. (2010 Code)
Notes
| 1 | 2. IC § 39-2607. |