City of Lino Lakes
County of Anoka
State of Minnesota

ORDINANCE NO. 06-02
CONCERNING SALE, POSSESSION AND USE OF CONSUMER FIREWORKS

FIRE REGULATION - Section 1002.10

FIREWORKS

Amending Lino Lakes City Code by adding Section 1002.10 to
Chapter 1002, the Fire Code

1002.10 Governing Regulations

Fireworks are regulated by Minnesota State Statute 624.2. In addition to these regulations all display, sales, storage, and use of consumer fireworks shall comply with this Fire Regulation. The City Council of Lino Lakes ordains:

a) Purpose.
Due to the inherent risks of fire and injury to persons and property associated with the sale, possession and use of fireworks, the City Council has determined that it is necessary and in the interest of public health, safety and welfare to establish reasonable regulations concerning fireworks.

b) Definition.
For purposes of this section, "consumer fireworks" are defined as:

Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes, and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture.

c) Sale of Fireworks.
It is unlawful for any person to sell, offer for sale, expose for sale, sell at retail or wholesale, or make any public display of any consumer fireworks in the City of Lino Lakes without a permit. The sale, use, and possession of all fireworks in violation of Minn. Stat. Sect. 624.20 through 624.25 inclusive, which are adopted herein by reference, is prohibited.

d) Permit application.
The application for the permit for the storage and sale of fireworks shall be made to the Fire Marshal and shall include:

1) A criminal records check and determination by the Fire Marshal that the location where the fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the fireworks are competent and trained to handle such fireworks must be made prior to processing the application.

2) The application for permit shall be accompanied by a letter from the person legally responsible for the property on which such sale is to take place. Such letter shall grant permission to the applicant for the use of said property. The application shall include a floor plan designating the area for storage or display along with a list documenting the name, weight, and quantity of fireworks within the building and be accompanied by the material safety data sheets.

3) Applications must be made a minimum of 10 days prior to operating. Any permit granted hereunder shall be nontransferable. Prior to the issuance of a permit, the premises must be inspected and approved by the City fire code official.

e) Permit fee.
The fee for the permit shall be that as provided in the current City Fee Schedule.

f) Terms and conditions for issuance of permit.
A permit for storage or retail sale of common fireworks shall be issued only upon the following terms and conditions:

1) Neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to; or a fire / fireworks-related misdemeanor within the last three (3) years.

2) The applicant shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a company or companies approved by the City in the minimum amount of one million dollars ($1,000,000) single limit. Certificates of coverage shall be filed with the City Clerk upon application for a retail sales permit.

3) The applicant's location or place of business shall be only in those areas or zones within the City wherein commercial or industrial activities are authorized under the applicable zoning laws of the City. Transient sales of fireworks are not permitted. No sales or storage for commercial use shall occur on residentially zoned property or properties used for educational purposes or assemblies.
4) Firework storage or sales areas shall provide approved "no smoking" signs in red letters not less than two (2) inches in height on white background. All signs shall be maintained in legible condition.

5) Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are stored or sold.

6) Each permit holder shall have not less than two (2) water-type or equivalent extinguishers of not less than two and one-half gallon capacity.

7) There shall be at least two (2) exits from all buildings from which fireworks are stored or sold.

8) In buildings without an approved automatic sprinkler system, retail consumer fireworks indoor sales displays shall be limited to fifty (50) pounds net pyrotechnic composition or two hundred (200) pounds gross weight, if the pyrotechnic composition weight in not known.

9) Buildings protected throughout by an approved automatic sprinkler system shall be limited to one hundred (100) pounds net, or four hundred (400) pounds gross weight if the pyrotechnic composition weight is not known.

10) Warehouse buildings or retail in excess of the quantities listed in 4.8 and 4.9 for retail consumer fireworks shall be classified as an "H" occupancy with explosives and aerosols.

11) The license must be publicly displayed on the licensed premises. The premises are subject to inspection by City employees including police officers during normal business hours.

12) Storage for consumer fireworks must be in compliance with the Uniform Fire Code. The premises must be in compliance with the Uniform Fire Code and Uniform Building Code.

13) Consumer fireworks shall not be sold to persons under the age of 18. Consumer fireworks shall not be used on public property.

g) Fireworks - Discharge rules and regulations.
1) It is unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district.

2) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object.

3) Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are sold at retail or stored after hours.

4) Fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire.

5) The Fire Chief may ban fireworks or shorten the season of the fireworks discharge if a drought is evident or any equitable need for safety arises.

6) Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.

h) Fireworks - Other.
1) Materials, which violate this ordinance or state statute and pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property.

i) Permit Denial, Suspension and Revocation.
The fire marshal may suspend or revoke any permit granted herein for a violation of any term of this ordinance. Any person whose permit has been suspended or revoked or any person whose permit application has been denied may request a review of that determination by the City Council. Said request for review shall be in writing and filed with the City Clerk. The City Clerk shall place the review request on the agenda for the next regularly scheduled Council meeting. Upon review, the City Council shall affirm or overrule the initial determination to deny, suspend or revoke.

j) Validity.
The Lino Lakes City Council hereby declares that should any section, paragraph, sentence or word of this ordinance or code herein adopted by declared for any reason to be invalid, it is the intent of the Lino Lakes City Council that they would have passed all other portions of this ordinance independent of any such section as may be declared invalid.

k) Effective Date.
This ordinance becomes effective immediately upon passage.

Violations of these fire rules are misdemeanor offenses requiring a court appearance and punishable by fines up to $1,000 and / or 90 days in jail.

Passed by the Lino Lakes City Council this ____ day of ________________, 2002

___________________________
John J. Bergeson, Mayor
ATTEST:
____________________________
Ann Blair, City Clerk

Fireworks

Fees

Enforcement

Fire Regulation as allowed by the Minnesota Uniform Fire Code followed by Code Adoption.

Regulatory Costs

Criminal Records Check $250
Plan Review $50
Initial Inspection $50
Disposal fund fee $200
Police Juvenile Compliance Inspection $200

TOTAL $750

Ordinance No. 06-02

Council member _____________ introduced Ordinance No. 06-02 and moved its adoption.

The motion for adoption of the foregoing Ordinance was duly seconded by
Council member ___________ and upon roll call vote being taken thereon, the following voted in favor thereof:

The following voted against same:

Whereupon said resolution was declared passed and adopted.

CERTIFICATION OF ORDINANCE NO. 06-02

STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF LINO LAKES )

I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Ordinance No. 06-02 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to:

ORDINANCE NO. 06-02, CONCERNING SALE, POSSESSION AND USE OF CONSUMER FIREWORKS