(A) Permit required.
(1) In accordance to 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 the Fire Prevention Code.
(2) A permit fee in accordance to 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 application for the permits.
(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 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 Fire Code, 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 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) 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. In this case, the permitee shall be entitled to no refund of the permit fee.
(D) Fireworks on display; permit required.
(1) In accordance to the COLFPPO, it shall be unlawful for any person to possess, store, offer for sale, 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 COLFPPO and NCBCFP. All fireworks offered for sale must meet those allowed by G.S. § 14-414 and NCBCFP.
(2) A permit fee in accordance to 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 application for the permits.
(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 North Carolina Building Code Fire Prevention, North Carolina Building Code and G.S. § 14-414. Failure to abide by the rules and regulations of the Fire Code shall be subject to a civil citation.
(Ord. O-02-08, passed 6-5-2008) Penalty, see § 151.999