(A)   Requirements.
      (1)   Valid permit. Public fireworks displays or the use of pyrotechnics or flame effects before a proximate audience shall not be conducted unless a permit is issued by the Fire Chief of the Fire Department or Fire District or designee with jurisdiction for fire response to the location at which the performance/event will be conducted. Any permit issued under this subchapter shall be posted in a prominent place that is visible to the public on the premises at which any performance/event is conducted. All additional permits required by local and/or state laws and regulations must be obtained prior to any performance/event.
      (2)   Fire protection equipment. Under no circumstances will a permit be issued for pyrotechnic displays or flame effects within occupied properties, unless the building or facility at which such display is to be conducted is protected with a complete automatic fire sprinkler system throughout the entire building or facility. If the facility’s smoke detection or air-handling units are compromised for any reason, actions must be taken by owner to ensure that equipment is restored to normal operation immediately following the discharge of any pyrotechnic device, use of any flame effect, or the performance/event.
      (3)   Compliance with national standards.
         (a)   Owners, personnel, premises and all elements of the proposed public fireworks displays shall comply with all applicable provisions of NFPA 1123 “Code for Fireworks Display,” and/or NFPA 1124 “Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles.”
         (b)   Owners, personnel, facilities, and the pyrotechnics or flame effects to be used within occupied properties shall comply with all applicable provisions of NFPA 1126 “Pyrotechnics Before Proximate Audiences,” and/or NFPA 160 “Flame Effects Before Audiences.”
      With regard to NFPA, the most current version that is adopted under state laws and regulations at the time of application shall be applied under this subchapter.
   (B)   Application materials. The required application and filing instructions may be obtained from the Louisville Metro Department of Special Events. The application shall not be deemed complete until the following materials have been received, not less than 15 days in advance of the performance/event:
      (1)   Application for supervised public display of fireworks/pyrotechnics/special effects;
      (2)   Supporting documentation, pertaining to the professional qualifications and experience of each pyrotechnician, as stipulated in NFPA 1123, 1126;
      (3)   A valid Certificate of General Liability Insurance placed with a licensed or approved surplus lines insurer in Kentucky with a satisfactory A.M. Best solvency rating must be attached to the application. The Certificate shall clearly state that the coverage afforded thereunder will be in full force and effect for the duration of the performance/event. The amount of coverage afforded by said Certificate of General Liability Insurance shall be not less than $4,000,000 per occurrence. Louisville/Jefferson County Metro Government (Metro Government), its officials, executives, employees, and agents, along with the specific Fire Chiefs, Fire Departments, and/or Fire Districts (whichever of the three groups will be involved with fire protection for the performance/event in question), and their officials and personnel, must be clearly shown within the body or upon the face of the Certificate of General Liability Insurance, to which reference is made above, as additional insureds. Owner agrees to indemnify and save them, and each of them, fully harmless to the extent of any and all claims, damages, losses, expenses, attorneys’ fees, or other costs, that may result, directly or indirectly, from owner’s fireworks or pyrotechnic displays. The obligation of the owner/applicant to indemnify and fully save harmless Metro Government, and the persons and entities herein identified is not limited to the coverage afforded by the Certificate of Insurance, and the owner’s/applicant’s obligation to indemnify shall be signified by the filing of said application, fully executed. The stated minimum amount of insurance coverage, $4,000,000 per occurrence, may, in the sole discretion of Metro Government, be increased based upon the size, scope, and perceived hazards of the performance/event, once the application, in all its parts, and the premises where the performance/event is to be presented, have been reviewed. Nothing in this provision, or in this subchapter, should be deemed, or considered to be a waiver of any form of immunity enjoyed by Metro Government, its officials, executives, employees, and agents, the Fire Chiefs, Fire Departments, and/or Fire Districts (where applicable, as set forth herein), and their officials and personnel, such immunity being specifically reserved.
      (4)   Any other supporting documentation, as determined by the AHJ; and
      (5)   A permit fee of $175, payable to Louisville/Jefferson County Metro Government.
   The Metro agency reviewing the permit application shall forward the completed application to the appropriate AHJ, who shall review the application, schedule and conduct necessary inspections, and upon determination of compliance with all requirements, shall issue the permit to the owner.
   (C)   Duration of issued permit. A separate application and corresponding fee must be submitted, and a permit subsequently issued, for each performance/event, as defined herein. Each permit shall be valid for a term to be determined by the AHJ, which shall be based upon individual circumstances relating to the performance/event, but shall not exceed one year in length. If a permit is issued, and the performance/event does not commence within one month of the scheduled date for said performance/event, the permit shall become invalid and a new application must be filed; however, the fee paid for the now-invalidated permit shall be credited against the fee for the new permit, less a $25 charge for administrative expenses.
   (D)   Issuance of permit. Upon receipt of a completed application, including all required supporting documentation, the AHJ shall issue a permit or denial within five business days. All permits issued in accordance with this subchapter are non-renewable and non-transferable.
(Lou. Metro Ord. No. 107-2003, approved 6-16-2003; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023) Penalty, see § 94.99