A consumer fireworks retail facility permit for temporary structures shall comply with the following:
A. Requirements:
1. Permit fee (non-refundable);
2. Copy of the consumer fireworks annual retail seller license from the State of Iowa;
3. Aerial photo which includes the entire parcel upon which fireworks related activities are to occur. This illustration shall be no larger than 11" x 17". Names of all other business operations occurring within the site should be indicated. (Aerial photos may be obtained from the respective County Assessor's website, Google Earth, Bing, etc.);
4. Detailed site layout plan of sales and storage areas with required information as listed later in this chapter;
5. Written approval of the owner of the property upon which sales or storage is occurring;
6. Photocopy of "Certificates of Flame-Resistance" for each tent structure. (Certificates may be obtained from company that rented the commercial grade tent. Serial number on tent must match certificate.);
7. Copy of Sales Tax Certificate;
8. Certificate of Insurance documenting coverage in accordance with State minimums and naming the City of West Des Moines as an additional insured.
B. Regulations:
1. Fireworks facilities may only be located within an allowable zoning district as provided in title 9 of this Code.
2. All temporary structures for which fireworks are sold or stored must adhere to the Fire Code (2015 IFC with local amendments) as adopted by the City of West Des Moines, this Code, and any applicable State or Federal law. The more restrictive Code or law will apply when contradictions are indicated.
3. Only tents provided and erected by a commercial rental company are allowed over and/or adjacent to where fireworks are located, unless otherwise approved by the City.
4. All storage of fireworks for restocking of sales tents shall be in a container or building that is approved for fireworks storage.
5. Vendors are responsible for compliance with all applicable ADA requirements. City approval of permit should not be viewed as confirmation of compliance with requirements.
6. Maximum square footage of all temporary establishments within the property, including garden centers, food vendors, fireworks sales and storage areas, and other retail vendors shall not occupy more than twenty percent (20%) of parking stalls.
7. Posters stating "Fireworks are illegal to discharge in the City of West Des Moines" shall be displayed in a highly visible location at all check-out locations and within fifteen feet (15') of every entrance as approved by the City inspector.
8. All sales and storage areas shall be appropriately fenced on all sides to prohibit general public access other than where identified and signed.
9. Smoking shall not be allowed within thirty feet (30') of any sales or storage structure. Approved "No Smoking" signs shall be placed every twenty five feet (25') inside and outside of the facility.
10. All sales and storage areas are to be located on pavement or gravel.
11. All customer parking areas are located on pavement - asphalt or concrete. Grass or gravel parking is not allowed.
12. Ten (10) parking stalls shall be provided for every one thousand (1,000) square feet of retail sales area. Number of ADA stalls shall be provided in accordance with State Code.
13. Access drives shall be paved or gravel surfaced able to hold seventy five thousand (75,000) pounds GVW.
14. Aisle width in sales facility shall be a minimum of forty eight inches (48") in width. No dead end aisles are allowed.
15. Continuous display of merchandise and/or fireworks shall not exceed sixteen feet (16') in length. A flame break aisle at least forty eight inches (48") wide shall separate continuous displays.
16. Fireworks shall not be displayed greater than six feet (6') from the walking surface.
17. Exits shall be kept clear of any merchandise and/or obstacles.
18. Only electrical lighting per the National Electric Code shall be utilized.
19. All tents shall provide illuminated exit signs and emergency lighting.
20. No person is to inhabit, dwell, or live in a temporary structure that is used as a consumer fireworks retail facility. RVs may be located within the property for employees and/or security personnel during the duration of fireworks sales operations.
21. Twenty four (24) hour security must be provided if fireworks are left overnight on the premises.
22. Fireworks related business signage collectively shall not exceed thirty two (32) square feet (excludes City required emergency signage/postings). No directional signs within the site or off-premises signs directing people to the fireworks sales operation are allowed. Any off- premises signs found will be confiscated and destroyed.
23. Set-up of the site subject to this permit may occur beginning June 6th. No sales are allowed until June 13th and compliance to all regulations contained within this Code is required.
24. All sales and storage structures and components must be removed from the site by twelve o'clock (12:00) midnight on July 15th and the site restored to its pre-retail facility condition and all garbage and debris removed from the site.
C. Site Layout Plan: A site plan or aerial photo of site at a 1" = 20' or 1" = 30' scale must be included with the application. All improvements to the site shall be drawn to scale and appropriately dimensioned. The site plan or aerial photo shall include all areas in which the activities related to the sales and storage of fireworks and security elements is to occur and enough of the surrounding area to illustrate compliance with requirements outlined in this chapter.
1. Site layout drawing shall include:
a. Property address.
b. North arrow.
c. Scale of drawing indicated in text and bar scale.
d. Names of roadways adjacent to the property.
e. Location of all sales and storage structures. Structures shall be individually indicated, not just perimeter boundary of each area. All sides of each structure or area shall be dimensioned to the nearest foot.
f. Indication of location of exits from sales tents/areas.
g. Location of transient merchant quarters and security facilities.
h. Delineation of parking to be used by customers. All parking areas must be located on paved surfacing.
i. Indication of the distance between the closest point of any sales or storage area to the property line and/or street right-of-way line(s).
j. Indication of the distance from all existing permanent structures to the closest point of any sales or storage area.
k. Location and type of all generators or other power sources.
l. Location of trash receptacles, portable restrooms, pedestrian seating areas, etc.
m. Note surfacing material of all sales and storage areas.
n. Note surfacing material of all customer parking areas.
2. The site plan or aerial photo shall demonstrate the following:
a. Storage areas to be located as indicated below:
(1) No closer than fifty feet (50') from any fuel and propane.
(2) No closer than three hundred feet (300') from any bulk storage in which liquefied gas, cryogenic material or flammable liquid is sold, used or distributed.
Gross Weight Of Fireworks (Pounds) | Distance From Inhabited Buildings (Feet) |
Gross Weight Of Fireworks (Pounds) | Distance From Inhabited Buildings (Feet) |
100 | 50 |
200 | 60 |
400 | 70 |
600 | 80 |
800 | 90 |
1,000 | 100 |
2,000 | 115 |
3,000 | 124 |
4,000 | 130 |
5,000 | 135 |
6,000 | 139 |
8,000 | 140 |
10,000 | 150 |
b. Sales and storage areas are located a minimum of twenty feet (20') from generators and other internal power sources and isolated with appropriate barrier to prevent contact with the public.
c. Sales and storage areas are located a minimum of fifty feet (50') from any combustible liquids, gas and fuels, including stored fuels for generators, equipment, and vehicles.
d. Any combustible material, including vegetation is located a minimum of thirty feet (30') from sales and storage areas.
e. Exits from each tent shall be provided in the minimum number and width as identified in the following table for the size of the tent, including sales and non-sales areas, unless otherwise allowed by the City:
EXIT REQUIREMENTS BASED ON OCCUPANT LOAD | ||
Occupant Load | Exits | Exit Requirement (Minimum Exit Width Of Each Exit) |
EXIT REQUIREMENTS BASED ON OCCUPANT LOAD | ||
Occupant Load | Exits | Exit Requirement (Minimum Exit Width Of Each Exit) |
Up to 199 | 2 | 6 feet |
200 to 499 | 3 | 6 feet |
500 to 999 | 4 | 8 feet |
1,000 to 1,999 | 5 | 10 feet |
2,000 to 2,999 | 6 | 10 feet |
Over 3,000 | 7 | 10 feet |
f. The minimum number of 2A-10BC fire extinguishers as identified in the following table shall be provided in each tenet based o the size of the tent:
Square Footage Of Tent | Number Of Fire Extinguishers Required |
Square Footage Of Tent | Number Of Fire Extinguishers Required |
200 - 500 | 1 |
501 - 1,000 | 2 |
1,001 - 3,000 | 3 |
3,001 - 5,000 | 4 |
5,001 - 7,000 | 5 |
7,001 - 9,000 | 6 |
9,001 - 11,000 | 7 |
11,001 - 13,000 | 8 |
13,001 - 15,000 | 9 |
15,001 - 17,000 | 10 |
(Ord. 2226, 5-30-2017; amd. Ord. 2609, 5-20-2024)