All applications for permit to sell at retail safe and sane fireworks shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, Sub-Chapter 6, Article 5, and in addition shall be governed by the following.
A. Applications for permits to sell safe and sane fireworks by eligible organizations shall be made on forms to be furnished by the Fire Chief or his/her designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents:
1. The application for permit shall contain the name, address and telephone number of the nonprofit organization for which application is made; evidence of tax exempt status pursuant to provisions of the Internal Revenue Code cited in Section 8.24.010 (definition of eligible organization); and the name and address of its officers. The application shall also contain the location of the proposed fireworks sales, and the method and location of fireworks storage. The application shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by state law and administrative regulations and all the stipulations of this code.
2. A dimensioned site plan (not to scale) containing all of the following;
a. Drawing that indicates all areas within one hundred (100) feet of the proposed fireworks stand.
c. Drawing that indicates all adjacent buildings, property lines; ignitable materials, grass or vegetation is not within thirty (30) feet of the fireworks stand.
d. Drawing that indicates any gasoline pump or distribution point is at least one hundred (100) feet from the fireworks stand.
e. Drawing that indicates the fireworks stand location is a least ten (10) feet from any public roadway, or public sidewalk.
f. Drawing that shows all utilities, curb cuts and/or driveways and identifying the nearest fire hydrants.
g. Drawings shall show all tarps or canopies, without prior approval tarps or canopies will not be permitted.
h. Satellite drawings with dimensional overlay are an acceptable alternative to traditional drawings.
3. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property. Written authorization from the owner must be updated every year and included with the application.
4. Prior to issuance of a permit, the eligible organization shall submit a certificate of insurance for general liability in an amount no less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. This insurance shall name the city of Visalia, its officers, agents, elected officials, employees and volunteers as additional insureds. This insurance shall be primary with respect to any insurance or self-insurance programs maintained by the city. The certificate must specify the time, location, and dated to be covered by the policy. The applicant shall save, hold harmless and indemnify the city, its officers, agents, elected officials, employees and volunteers from all claims, demands, damages, judgments, costs or expenses that may at any time arise from or is any way related to any work performed by the applicant. The certificate must be provided to the fire department no later than May 1st of the subject year or such other time as the fire chief may allow.
5. A copy of the organization’s state fire marshal’s license to sell safe and sane fireworks shall be included with the application.
6. Payment of the applicable operational permit fee.
B. During the application process there will be important timelines set to insure that the applications for permit to sell safe and sane fireworks are completed and accurate before issuing. The firework vendors are responsible for submitting all application to the city, and insuring that the organizations that they represent are prepared for the process. The timelines and process for submitting an application for a permit to sell safe and sane fireworks is as follows;
1. Within the first full week of January the fire department will send a letter of congratulations to the organizations that were awarded the opportunity to participate in the application process to sell safe and sane fireworks within the city in accordance with Section 8.24.050.
2. The organizations that received the congratulations letter from the fire department shall contact a state approved fireworks vendor to start the application process and shall notify, by telephone the Visalia Fire Department no later than March 1st that the organization intends to sell safe and sane fireworks.
3. Completed applications shall be returned to the fire department by appointment only, no later than the last full week in April of each year. All appointments must be made in advance by the firework vender of the organizations choosing. Incomplete/ incorrect applications will not be accepted and will require resubmittal.
4. Applications requiring resubmittal shall be required to pay an additional operational permit fee. Each submittal requires the payment of a separate fee. Resubmittals shall be submitted no later than 4:30 pm on the fourth (4th) Thursday in the month of May. No documents will be accepted beyond 4:30 pm on the fourth (4th) Thursday in the month of May, any outstanding permits will be denied.
5. Unforeseen changes to an application after the fourth (4th) Thursday in the month of May are not automatically granted. These late modifications must be evaluated by the Fire Chief or his or her designee. The evaluation is to determine if the situation requiring the changes excuses why the changes are being requested late and also to determine if the city has an adequate amount of time to process the application. If changes to the permit are granted, the organization will be required to pay an additional operational permit fee.
6. A representative from each non-profit organization shall attend a firework safety meeting that has been approved by the Visalia Fire Department. The firework safety meeting shall have all safety material approved and attendance must be verified by the Visalia Fire Department.
C. Permits shall not be valid until final inspection has been performed by the fire chief or his or her designee. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. The permit shall then be posted in a conspicuous place within the stand during the hours the stand is in operation.
D. If any organization which, in the previous year, obtained and held a fireworks permit fails to apply promptly or does not successfully complete the application process by 4:30 pm on the fourth (4th) Thursday in the month of May, the organization will be removed from the fireworks permit active list and must reapply to go on the waiting list. The next existing eligible organization at the top of the waiting list kept by the fire prevention division shall be notified and given the opportunity to apply for a firework permit the following year.
(Ord. 2021-02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)