(A) Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the Fire Chief or his or her designee:
(1) License. Proof of valid license issued from the State Fire Marshal;
(2) Liability insurance. Proof of liability insurance separate from the building property insurance specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000;
(3) Zoning certificates and building permits. Proof that the property, building, structure, or premise, whether it be temporary or permanent, complies with all applicable site plans, building codes, or zoning ordinances of the city;
(4) Sales tax ID. Proof of valid sales tax ID issued by the Iowa Department of Revenue;
(5) Fire inspection. Any property, building, or premise whether it be permanent or temporary, intended for the sale of consumer fireworks shall have an initial fire inspection completed by the Fire Chief prior to engaging in the sale of consumer fireworks. The Fire Chief or his/her designee shall cause an annual inspection to occur meeting the requirements of the National Fire Protection Code 1124 (2006 edition) and the current Fire Code adopted by the city. Inspection costs shall be as established by resolution of the City Council.
(B) Dates of sale. Consumer fireworks sales shall only be conducted in accordance with dates and times designated by Iowa Code § 727.2. It shall be unlawful to sell consumer fireworks without meeting the requirements specified in this chapter, or to sell fireworks outside of the dates specified.
(1) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved temporary structure between June 13 and July 8.
(C) Compliance with Building and Zoning Codes. All consumer fireworks sales shall conform with all applicable building, site plan, and zoning ordinances of the city. A building permit shall be required for the construction or erection of any temporary structure such as a stand, tent, or canopy used for the purpose of the retail display or sale of consumer fireworks to the public.
(D) Safety requirements. The following safety requirements shall be adopted for all locations where consumer fireworks are sold:
(1) All transportation, storage, and sales of consumer fireworks shall conform to the safety standards set forth by the National Fire Protection Code 1124 (2006 Edition), including but not limited to, those standards concerning separation distance requirements and aggregate weight limits.
(2) Smoking, open flame source, or matches shall not be located within 50 feet where consumer fireworks are sold, and there must be posted signs stating "Fireworks - No smoking" in letters not less than four inches high. The following exemptions apply:
(a) Lighters and matches may be sold as part of a retail business in commercial structures who engage in other merchandise sales where consumer fireworks are not the primary business.
(b) Locations that engage in consumer fireworks sales as a primary source of revenue may sell extended lighters so long as lighters are located in a sealed package and not opened within the store premises.
(3) All electrical wiring shall meet NFPA 70 National Electrical Code. Permanent structures or buildings used primarily for consumer fireworks sales shall meet wiring requirements for a hazardous location, including covered light fixtures to avoid sparks upon failure or damage to lights.
(4) Locations shall maintain a 48-inch clear aisle between consumer fireworks display shelves.
(5) Locations shall maintain two approved exits for egress during an emergency. All approved exits shall be clearly marked with signage; except that, exit signs shall be illuminated in permanent structures.
(6) Consumer fireworks sales shall only be permitted in a single story at grade building or structure to facilitate easy exiting during an emergency.
(7) Locations shall have a minimum of two ten-pound ABC rated fire extinguishers mounted in accordance with NFPA 10. Additional fire extinguishers shall be placed in locations to prevent travel distance exceeding 75 feet in order to reach a fire extinguisher.
(8) All doors used as service doors outside the view of a clerk shall be locked to prevent unauthorized persons from entering the building unnoticed. If doors are approved exit doors as part of the two approved exits needed, they shall be operable without special tools, keys, or knowledge. Delayed or alarmed egress doors are permitted so long as release is activated within eight seconds.
(9) No persons under the influence of alcohol, drugs, or narcotics, shall be allowed to remain in the business where consumer fireworks are sold as a primary business.
(10) No more than one conex container or approved explosive magazine shall be located on site for short-term storage of extra product. All containers shall be properly placarded and equipped with tamper-proof locking devices. It is permitted to place containers in a security fenced area.
(11) Individual consumer fireworks devices or opened consumer fireworks packages shall not be permitted to be displayed. No open fuses shall be exposed during storage inside a sales location.
(12) Consumer fireworks sales shall only be allowed in areas where such use is authorized by Chapter 158 of this Code of Ordinances.
(13) Any person engaged in consumer firework sales in any zone other than those authorized by Chapter 158 of this Code of Ordinances shall not be approved for sales within the city limits.
(14) No person shall sell a DOT 1.4 class consumer firework to a person under the age of 18.
(15) Consumer fireworks shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by other substances.
(Ord. 2301, passed 5-24-2017)