Section
135.01 Definitions
135.02 Enforcement and penalties
135.03 Storage and sale of sparklers
135.04 Prohibition of fireworks; exceptions; permits and regulations
135.05 Fire Marshal to issue permits governing the sale of fireworks
135.06 Public displays of fireworks
135.07 Evidence of financial responsibility
The following terms shall have the following meanings:
CEREMONIAL EVENT. An event including, but not limited to, the public or private expression occasioning a special affair, celebration or occurrence.
DIVISION. The State of Florida Division of the State Fire Marshal of the Department of Financial Services.
FIRE ADMINISTRATION. The Chief of the Fire Department of the City of Palm Bay or his or her designee.
FIRE MARSHAL. The City of Palm Bay Fire Marshal.
FIREWORKS, SPARKLERS, RETAILER, WHOLESALER, DISTRIBUTOR, AND MANUFACTURER. The same meaning as specified in Fla. Stat. § 791.01. FIREWORKS does not include those items excluded from the definitions contained in Fla. Stat. Ch. 791. If a sparkler or item similar to a sparkler does not appear on the State Fire Marshal's List of Approved Sparklers, it will be considered a FIREWORK.
SELLER. Refers to either a wholesaler or retailer as appropriate to the context of the transaction.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)
(A) This section shall be enforced by the City of Palm Bay Police Department or by any employee of the City of Palm Bay who has the lawful authority of arrest.
(B) Violations of this section shall be punishable and its requirements enforced as provided under Florida law.
(C) The Fire Marshal, and/or his lawful agent, shall have the authority to immediately order the cessation of the sale of fireworks at any business or location that sells fireworks without all permits required by the City of Palm Bay and the State of Florida to sell fireworks within the City of Palm Bay. When a seller is given notice to cease selling fireworks that require permits, upon notification by the appropriate agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent further sales by securing the fireworks in an appropriate off-site, locked facility that meets state and local fire code standards. As an alternative to securing the fireworks off site, the seller shall stop all sales until such time as the required permits are obtained and during this time, store the inventory on-site if the location is secure and meets state and local fire code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during the period sales are stopped. Prior to resuming the sale of fireworks, the seller shall notify the Fire Marshal both of its intent to resume sales and of the corrective action taken.
(D) Suspension of Permit. If a seller has been convicted of a violation of this chapter or of Fla. Stat. Ch. 791, and within twelve (12) months of that conviction is found guilty of another violation of this chapter or of Fla. Stat. Ch. 791, the seller's permit to sell fireworks shall be immediately suspended. The suspension shall be in addition to any sanction otherwise available under state law or this chapter. The first suspension shall be for a period of fourteen (14) days. In the event of any successive violations of this chapter or the provisions of Fla. Stat. Ch. 791, occurring within twenty-four (24) months of a suspension of permit under this chapter or Fla. Stat. Ch. 791, the seller's permit to sell fireworks shall be suspended for a period of one hundred eighty (180) days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove the fireworks inventory from the premises and store them in a secure off-site location that meets all appropriate state and local fire codes. Alternatively, the seller shall stop all sales during the period of suspension if their premises are secure and otherwise meeting the requirements of local and state fire codes. For purposes of this section, a finding of violation includes the payment of any assessed fine by not contesting the notice of violation whether or not there is a court appearance.
(E) Minors. Parents or guardians are responsible for the violations of minors.
(Ord. 2005-78, passed 12-1-05)
(A) Sparklers shall be stored and sold in accordance with the zoning laws, fire prevention code, license laws and permits issued by the local fire official having jurisdiction, as well as all other state and local laws applicable to the storage and sale of sparklers. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the Division pursuant to Fla. Stat. § 791.015. Such registration must be provided to the City or its authorized employees upon request.
(B) A retailer of sparklers shall be required to comply with the provisions of Fla. Stat.§ 791.01.
(C) Sparklers may only be retailed from a permanent location. Tent sales or other temporary sales locations are not permitted.
(Ord. 2005-78, passed 12-1-05)
(A) It shall be unlawful for any person, firm, partnership, corporation, or business entity of any other type to offer for sale or display or to use or explode any fireworks within the City of Palm Bay except as provided in Fla. Stat. §§ 791.02, 791.04 or 791.07, or under any provision of this chapter.
(B) The Fire Marshal shall develop an affidavit that all sellers of fireworks shall use to determine the entitlement of any purchaser to buy fireworks at either retail or wholesale.
(C) Prior to any sale, the purchaser of any fireworks must furnish written proof of identification to the seller that the purchaser is registered with the Division and is otherwise in compliance with Fla. Stat. Ch. 791. The seller shall retain a copy of any proof of registration presented. The proof from the Division shall be in a written form approved by the Division.
(D) The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier, with a photograph associated with that identification (e.g., drivers license and number), and proof of registration and compliance with Fla. Stat. Ch. 791. If the seller determines that registration under Fla. Stat. Ch. 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the Fire Marshal.
(E) It shall be unlawful for any person, firm or business entity of any type or form not registered with the Division, pursuant to Fla. Stat. § 791.04, to purchase or possess fireworks. The seller of fireworks shall retain possession of such fireworks and shall be responsible for shipping all such fireworks to the purchaser or other authorized recipient at an out-of-state point of delivery.
(F) Any person, firm or business entity of any type or form who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services, under Fla. Stat. § 791.07, purchases fireworks for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the City pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in subsection (D) above.
(G) The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government-issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial driver's license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller.
(H) The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other government-issued document showing that the purchaser is operating a mine, quarry, or other industrial enterprise. The seller shall maintain a copy of this proof and note the use to which the fireworks will be applied as well as a record of the location where the fireworks will be used. The purchaser of fireworks to be used in a public display authorized pursuant to a written permit issued by any government agency must produce a copy of the current permit and the seller must keep a copy of said permit with the records of sale.
(I) All appropriate local and state permits, registrations, certificates and licenses must be displayed at each wholesale, and distribution site.
(J) Sellers must maintain copies of the records required by this chapter at the locations where the sales take place for a period of four (4) years from the date of the sale. Fireworks are not permitted to be sold from any temporary location. These records must be available and provided immediately upon request for inspection by fire or law enforcement officials of the City. In the event that the sales location closes or moves, the records required by this section to be retained must be stored at a location in the City of Palm Bay where they will be readily available for inspection by the Fire Marshal, fire officials, or law enforcement. The seller shall advise the Fire Marshal of any change in the location of these records.
(K) The purchaser of fireworks to be used in a ceremonial event shall provide evidence of the ceremonial event in which the fireworks are to be used, including a detailed description of the event, celebration, or special occasion. The Fire Marshal has the authority to request additional information, if needed, to determine whether the event qualifies as a ceremonial event under this chapter.
(L) It shall be unlawful for any person to sign a false or misleading affidavit, or otherwise provide false or misleading information, calculated to create the appearance that the person is qualified to sell, purchase, possess, or display fireworks under this chapter.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)
(A) The Fire Marshal is authorized to issue permits required for all sales of fireworks within the City of Palm Bay subject to and within the guidelines and limitations of Fla. Stat. Ch. 791.
(B) Any person, firm or business entity of any type or form that engages in the sale or in the distribution or manufacturing of fireworks must first apply and secure a permit from the Fire Marshal. This requirement is in addition to any licensing or permitting required by any other governmental agency. All sale of fireworks without first obtaining a permit constitutes a violation of this chapter.
(C) In order to obtain a permit, an applicant must provide proof of compliance with all state, local, and Federal regulations regarding the storage, display for sale and sale of fireworks at each location listed on the application.
(D) Applications for such permits shall include proof that the applicant is registered with the Division as a wholesaler, distributor, or manufacturer of fireworks pursuant to Fla. Stat. § 791.015, and shall be accompanied by a permit fee in the amount of seven hundred fifty dollars ($750.00).
(E) The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in the inventory that will be offered for sale.
(F) Each location at which the applicant intends to display or sell fireworks must be listed on the application. The application must also list the name and residence address of the manager in charge of each location. The permit shall be issued in the name of the applicant only and shall not be transferable.
(G) The application for the permit shall also list the nature of any other sales or business operations of the applicant that are to take place at the permitted premises.
(H) When a permit is issued, the permit holder shall have a continuing obligation to notify the Fire Marshal of any change in the information set forth in the application for the permit including, but not limited to, any change in address or closure of the permittee's operations.
(I) As a condition of maintaining the permit, the permit holder must comply with all federal, state, and local regulations governing the sale and storage of fireworks, and must maintain all necessary permits required by federal, state, or local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of any federal, state, county, or city law, regulation, rule, or ordinance. Fireworks sales and/or storage are only permitted in industrially zoned districts. Fireworks sales and/or storage are not permitted in any other zoning districts.
(J) The Fire Marshal is authorized to issue twelve (12) month Annual Fireworks Sales Permits.
(K) The Fire Marshal shall issue a permit to the applicant within thirty (30) days after a completed application has been submitted to the Fire Marshal. Incomplete applications shall stay the thirty (30) day time period for issuance. In addition, should the Fire Marshal require additional information to process the permit, such time limits shall begin once the additional information is received.
(L) Should the Fire Marshal deny an application for a permit to any applicant, said applicant may appeal the denial to the Board of Adjustments and Appeals of the City of Palm Bay. Such appeal must be filed with the City in accordance with § 52.043 of the Palm Bay Code of Ordinances.
(M) Providing false information or, in the case of a continuing obligation to provide correct information, failing to provide updated information in a timely manner, shall constitute an unlawful act punishable as allowed by law.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)
(A) The supervised public display of fireworks is permitted if the requirements of this section have been met. All displays must be in accordance with the Code for the Display of Fireworks, as set out in N.F.P.A. 1123, 2000 Edition and NFPA 1126, 2001 Edition.
(B) Application requirements.
(1) An application for a permit to operate a display of fireworks in accordance with this chapter shall be made with the Fire Marshal at least thirty (30) days prior to the scheduled date of the event. The application shall be in a form prepared and approved by Fire Administration and shall be accompanied by a three hundred dollar ($300.00) non-refundable application fee.
(2) The application submitted by any applicant must contain the following information:
(a) The name of the individual, group or organization sponsoring the fireworks display, together with the names of persons actually in charge of the firing of the display;
(b) Evidence of financial responsibility in the form of proof of public liability insurance in an amount not less than one million dollars ($1,000,000.00) combined single limits bodily injury and property damage with no aggregate;
(c) The date and time the display is scheduled to be held;
(d) The exact locations planned for the fireworks or pyrotechnics display;
(e) The approximate number and kinds of fireworks to be discharged;
(f) The manner and place of storage of the fireworks prior to delivery and discharge at the display site; and
(g) A diagram of the grounds, or buildings where the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of other possible overhead obstructions.
(3) Permit approval.
(a) All applications will be reviewed to determine if the requirements of this chapter have been met. Each proposed location will be inspected or investigated to determine if the location complies with the regulations for the display of fireworks.
(b) The Fire Marshal will determine if the display of fireworks, as proposed by the applicant, will provide an acceptable degree of life safety based upon terrain, available fire protection features or other requirements deemed appropriate by Fire Administration.
(c) The Fire Marshal may, as a condition of the permit, require on-site uniformed Fire Department personnel, specialized fire protection equipment or extra suppression equipment. Any costs incurred to comply with the conditions of the permit will be the responsibility of the applicant.
(d) A permit may be revoked at any time if the applicant fails to comply with the terms and conditions of the permit.
(e) A permit granted in accordance with this ordinance is not transferable.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)
In furtherance of the provisions of Fla. Stat. Ch. 791, all sellers of fireworks must keep in force an insurance policy showing general, comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than one million dollars ($1,000,000.00) combined single limit coverage for each loss that may result from the activities of the sellers. Sellers must maintain Workers' Compensation coverage as required pursuant to Fla. Stat. Ch. 440. A failure to maintain this required coverage after the procurement of a permit shall be a violation of this chapter, grounds for suspension of permits issued by the Fire Marshal and the sale of the permitted goods. Permittees shall cease all display and sales until such time as the required insurance is obtained.
(Ord. 2005-78, passed 12-1-05)