(A) Permit required.
(1) In accordance with the Fire Prevention Code, no person shall use or explode any fireworks for public display without having first obtained a permit from the Fire Marshal’s office, and meeting the requirements of this chapter and/or the NCFC.
(2) A permit fee, in accordance with the permit and fee schedule, shall be required prior to issuance of the permit and shall be collected by the Fire Marshal’s office at the time of the application for a permit.
(B) Permit-issuance procedure.
(1) Any person wishing to obtain a permit for fireworks for public display shall first submit an application with the Fire Marshal’s office and pay the designated fee.
(2) Under the Fire Prevention Code, the permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Official for the payment of damages.
(3) The Fire Official responsible for making the site inspections shall make any inspections as deemed necessary to assure the site is in compliance.
(4) Once the Fire Official is satisfied that the site is ready and in compliance with the provisions of the this chapter and/or the NCFC, then the permit shall be issued. The permit shall not be transferable. The permit shall be valid only as specified as per the conditions of the permit.
(C) Permit revocation.
(1) If due to atmospheric conditions or other such conditions that may cause a danger to life and/or property from the display of the fireworks, or if there is a burning ban in place, the Fire Marshal may revoke the permit.
(2) In the event that a permit is revoked due to atmospheric conditions, the applicant shall be entitled to a full refund of the permit fee.
(3) (a) Failure to abide by the rules and regulations of the fire code shall be subject to a civil citation and immediate revocation of the permit.
(b) In this case, the permittee shall not be entitled to a refund of the permit fee.
(D) Fireworks on display; permit required.
(1) In accordance with the LCFPPO, it shall be unlawful for any person to possess, store, offer for sale, or sell at retail, without having first obtained a permit, if one is required, from the Fire Marshal’s office, and meeting the requirements of the LCFPPO and the NCFC. All fireworks offered for sale must meet those requirements as allowed by G.S. § 14-414 and the NCFC.
(2) A permit fee, as provided for in the county fee schedule, shall be required to be paid prior to the issuance of the permit required hereunder.
(E) Seizure and disposal of fireworks. The Fire Official shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of the NCFC, the State Building Code, and G.S. § 14-414. Failure to abide by these rules and regulations shall be subject to a civil citation.
(Ord. passed - -; Ord. passed 11-6-2023) Penalty, see § 95.999