1j Sale of Fireworks
CITY OF
CHANHASSEN
7700 Ma~et Boulevard
POBox 147
Chanhasseo,MN55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone 952217.1180
Fax: 952.217.1190
Engineering
Phone: 952.127.1160
Fa,: 952.227.1170
Finance
pnoce:952.227.1140
Fax 951217.1110
Park & Recreation
Pnone:952.127.1120
Fax 951.227.1110
RecrealionCen!er
2310 Coulter Boulevard
Phone: 952.2271400
Fax: 951.2271404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fa,: 952.227.1110
f· Web Site
www.cLchantJassen.mn.us·
~
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Kate Aanenson, AICP, Community Development Director
SUBJ:
Sale of Fireworks
DATE:
May 20, 2002 ~
Background
The State has made changes to Minnesota Statutes 624.20, which now allows for
the sale of some "consumer" fireworks. To regulate the location and the sale of
fireworks, staff is proposing an ordinance that would license businesses that sell
legal fireworks and a resolution establishing a fee for processing the licenses.
Attached to this report are some facts from the State Fire Marshal.
Analvsis
There are two action items for the City Council to approve:
I. An ordinance regulating the sale of fireworks
2. A resolution adopting afee for the licensing of the sale
The purpose of the ordinance is to regulate what kind and where fireworks may be
sold. The ordinance will limit all sales to commercially zoned property in
buildings that have fire sprinklers. The license is to identity who has been
approved to sell fireworks. Any license or permit fee must be related to the city's
cost in issuing the license, such as costs related to plan review, inspection,
ongoing compliance, and law enforcement. Staff is recommending a license fee
of $200.00.
Recommendation
. Staff is recolIlmendingapproval of the ordinance and resolution as presented.
Attachments
1. State Fire Marshal report.
2. Ordinance.
3. Resolution.
4. Application for the Sale of Fireworks.
5. Permit for Fireworks.
The City 01 Chanhassen . A growing community with clean lakes. Quality schools, a charming downlown. thrivinQ businesses. windinQ trails. and beautiful Darks. A D.at Dlace to live. work. and olav.
MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY
~f1F~
~
Alcohol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Security
Crime Victim
Services
Driver & Vehicle
Services
Emergency
Management I
Emergency
Response
Commission
State Fire
Marshall
Pipeline Safely
State Patrol
Traffic Safely
I
MINNESOTA
""""....,.,
I?
State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555
Internet: http://www.dps.state.mn.us
Fireworks Fact Sheet
April 30, 2002
Recent changes to Minnesota Statute 624.20 now allow for the public sale,
possession and use of a limited number of, but not all, consumer fireworks.
Summary of Changes to Minnesota Fireworks Laws
· Sale, possession and use of some nonexDlosive and nonaerial
consumer fireworks is now þérmitted in Minnesota on or after
April 30, 2002. Examples include items such as sparklers, cones and
tubes that emit sparks, novelty items like snakes, and party poppers.
For a complete list, see the Table on Page 2 of this fact sheet.
· These consumer fireworks may not be used on public property
(Le. parks, roads, alleys, schools, government property etc.).
· Purchasers of these fireworks must be at least 18 years old and
retailers need to check photo identification. .
· Sale, possession and use may occur at any time during the year.
What Requirements Have Not Changed
· Explosive and aerial fireworks are still prohibited for public sale,
possession and use. Prohibited fireworks include firecrackers,
bottle rockets, missiles, roman candles, mortars and shells.
· Requirements for "public" display fireworks arid certification for
use remain unchanged.
Questions should be directed to the State Fire Marshal Division by email
to firecode@state.mn.us or by calling (651) 215-0500. Additional
information is available at www.fire.state.mn.us
Slate Rre Marshal Fireworks Fact Sheet April 30, 2002
www.lire.slate.mn.us
Page 1016
Questions: firecode@state.mn.us
·
·
·
''4;
·
..
·
..
-
Table 1: Examples of Legal and Illegal Fireworks
EXAMPLES OF FIREWORKS THAT ARE EXAMPLES OF FIREWORKS THAT
NOW LEGAL TO SELL, POSSESS AND USE CONTINUE TO BE ILLEGAL TO SELL
BY THE PUBLIC ON OR AFTER POSSESS AND USE, EXCEPT AS
APRIL 30, 2002 AS PERMITTED BY PERMITTED UNDER MINNESOTA
MINNESOTA STATUTE 624.20 (C): STATUTE 624.20
Wire or wood sparklers of not more than 100
grams of mixture per item · Anv fireworks that are explosive
· Anv fireworks that are aerial
Other sparkling items which are
nonexplosive and nonaerial and contain 75 Firecrackers (any size)
grams or less of chemical mixture per tube or a ·
total of 200 grams or less for multiple tubes · Ladyfingers
and include: · Sky rockets
· Cvlindrical fountain Upon ignition, a shower of · Bottle rockets
colored sparks or smoke and sometimes a · Missile type rockets
whistling effect is produced. · Helicopters, aerial spinners, planes,
· Cone Fountain The effect is the same as that of UFOs
a cylindrical fountain. When more than 1 cone is
mounted on a common base, total pyrotechnic · Roman Candles
composition may not exceed 200 grams · Mines or shells (heavy cardboard or
· lIIuminatinQ Torch paper tube(s) attached to a base-
· Wheel· Pyrotechnic device intended to be upon ignition stars, balls or reports are
attached to a post or tree by means of a nail or propelled into the air)
string. Upon ignition, the wheel revolves,
producing a shower of color and sparks and, · Chasers
sometimes, a whistling effect · Parachutes
· Ground SDinner· Small device venting out an · 1.3G Display (special or class B)
orifice usually on the side of the tube. Similar in Fireworks
operation to a wheel but intended to be placed
flat on the ground and ignited. The rapidly · Aerial shells
spinning device produces a shower of sparks · Theatrical pyrotechnics (see Minn.
and color. Stat. 624.20 to 624.25)
· Flitter SDarkler . Narrow paper tube attached to
a stick or wire that produces color and sparks
upon ignition. The paper at one end of the tube
is ignited to make the device function.
· Fiash/Strobe . Emit a bright light Basically, any fireworks listed above are
still not legal for public sale, possession or
Novelty items such as snakes and glow use, except with a permit and by a certified
worms, smoke devices, or trick noisemakers operator according to Minnesota Statute
which include paper streamers, party poppers, 624.20. (i.e. these fireworks are still not
string poppers, snappers, and drop pops, each legal unless a permit has been issued by
consisting of not more than twenty-five the local jurisdiction and they are used by
hundredths grains of explosive mixture. a state certified operator)
State Fire Marshal Fireworks Fact Sheet April 30. 2002
www.fire.state.mn.us
Page 2 of 6
Questions: firecode@state.mn.us
Information for Consumers of Fireworks
Each state in the United States has slightly different requirements for fireworks: some permit
a1l1.4G consumer fireworks; others a subset of consumer fireworks; or no fireworks at all.
The recent law change would allow some, but not all, consumer fireworks to be sold and
used in Minnesota. To prevent confusion, the Table on Page 2 of this fact sheet outlines the
types of fireworks that may now be sold, possessed and used by the public. This table also
indicates fireworks that are still not legal to sell, possess and use, except with a permit and
by a certified operator. Here is a summary of the basic rules for fireworks in Minnesota:
· Only nonexplosive and nonaerial consumer fireworks are permitted to be sold,
possessed and used. Examples include fireworks listed in the left hand column in the
Table on Page 2 of this fact sheet.
· Fireworks that explode, leave the ground, or shoot anything other than sparks into
the air are still prohibited.
· Use of these devices is not permitted on public property (i.e. parks, roads, alleys,
schools, government property etc.).
· Purchasers of fireworks must be at least 18 years old and age must be verified by
photo identification at the time of purchase. The only age restriction is on the
purchase of fireworks - there is no age restriction on possession or use.
· There are no restrictions on the time of year for the sale, possession or use of these
fireworks, nor are there restrictions on where the fireworks are purchased (in state or
out of state).
· A permit or certification from the State Fire Marshal Division is not necessary for the
sale, possession or use of these fireworks.
· There has been no change in the laws relating to theatrical pyrotechnics and the
requirements for a permit and certified operator according to Minnesota Statute
624.20 to 624.25
· Operating outside the exception provided by Minn. Stat 624.20 (c) for sale,
possession and use of fireworks is addressed in the criminal statutes of Minn. Stat.
624.20 to 624.25. According to Minn. Stat. 624,25. violations are addressed as
follows:
1. if the violation involves explosive fireworks in an amount of 35 pounds gross
container weight or more, to imprisonment for not more than one year, or to payment
of a fine of not more than $3,000, or both;
2. if the violation involves explosive fireworks in an amouñt of less than 35 pounds gross
container weight, to imprisonment for not more than 90 days, or to payment of a fine
of not more than $700, or both; and
3. if the violation involves any amount of fireworks other than explosive fireworks, to
imprisonment for not more than 90 days, or to payment of a fine of not more than
$700, or both.
State Fire Marshal Fireworks Fact Sheet April 30, 2002
www.fire.state.mn.us
Page 3 of 6
Questions: firecode@state.mn.us
·
,
·
·
·
·
·
·
...
...
..
Fireworks Safety Guidelines
Fireworks are associated with many injuries nationally each year. The following safety
guidelines are offered to reduce fireworks injuries, fires and nuisance complaints:
· Read, understand and follow the instructions on each device prior to using.
· Use fireworks with close adult supervision.
· Choose a safe place to use fireworks that is far from anything that could be damaged from
the normal or abnormal operation of any device. Fireworks should only be ignited outdoors
and away from animals, buildings, storage tanks, brush or combustible materials.
· Anyone acting in an irresponsible manner or who appears to be under the influence of
alcohol or other drugs should not handle or discharge fireworks.
· Keep fireworks away from small children and store them in a cool dry location away from
sources of ignition (heat and flames). Fireworks should not be allowed to become wet
and should not be used when dried after becoming wet.
· Do not carry fireworks in your pocket or on your person.
· Lit cigarettes, cigars, pipes or open flames should be kept away from fireworks that are
for sale or when stored.
· Never ignite fireworks inside another container, such as inside a bottle or can.
· Eye protection is recommended for those using fireworks. Never throw fireworks or aim
them at another person, animal or building.
· Only light one firework device at a time, then move away from the device quickly. Keep
clear of any device that has been ignited, but has yet to go off.
· If a firework device has been ignited but fails to go off, stay clear of the device for an
extended period of time to prevent injury due to delayed activation. Soak the device in
water before handling it.
· Never place any part of your body, especially your head, over the firework device when
lighting. Approach the item from the side and light while keeping your body away from
the item.
· Never relight malfunctioning fireworks. Report any defects back to the seller or the
Consumer Product Safety Commission.
· Never experiment with fireworks, make your own fireworks, or alter fireworks in any
manner (a strong federal prohibition exists for such activity).
State Fire Marshal Fireworks Fact Sheet April 30, 2002
www.fire.state.mn.us
Page 4 of 6
Questions: firecode@state.mn.us
Background on Fireworks Statutory Requirements
Requirements for fireworks can be broken down into two broad categories:
Display fireworks - 1.3G (old name was special or class B fireworks) are the large
fireworks used by trained and licensed operators and are typical of what you would see
presented each evening at the Taste of Minnesota or at the Minnesota State Fair.
Possession and use of these display fireworks by state certified operators is covered under
Minn. Stat. 624, and is not impacted by the recent law change.
Consumer fireworks - 1.4G (old name was common or class C fireworks) are small
fireworks intended for public use. Prior to April 30, 2002, Minnesota Statute 624.21
prohibited all forms of consumer fireworks except for toy pistols and caps. The recent law
change has added an additional exception to this statute:
(c) The term also does not include 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 glowworms, 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. The use of items listed in this paragraph is not permitted on public property.
This paragraph does not authorize the purchase of items listed in it by persons
younger than 18 years of age. The age of a purchaser of items listed in this paragraph
must be verified by photographic identification.
Thus, the items listed in (c) above are no longer considered "fireworks" for purposes of
Minnesota Statute 624.20 and 624.21 and no longer require use only by state certified
operators. This allows the publicto use these fireworks without a permit and without a
certified operator. Fireworks not included in this new language still fall under the
requirements for a permit and certified operator.
All consumer fireworks sold in the US must meet the requirements of the three main federal
government agencies that control fireworks: (1) The Consumer Product Safetv Commission
in 16 CFR 1500 and 16 CFR 1507 provides standards for the safe construction, labeling
and performance of fireworks (i.e. prevention of accidental ignition or tipping during use).
The CPSC also enforces a list of prohibited fireworks such as M-80's and others. (2) The
Department of Transportation 49 CFR 170-173 defines consumer 1.4G fireworks and
contains requirements for transportation, labeling and shipment of fireworks. The DOT
adopts by reference American Pyrotechnics Association (APA) Standard 87-1 Standard for
Construction and Approval For Transportation of Fireworks, Novelties, and Theatrical
Pyrotechnics. This is the main document that defines different types of fireworks, their
allowable composition (weight of chemical composition) and construction. (3) Finally, the
Bureau of Alcohol Tobacco and Firearms enforces requirements relating to the explosives
nature of fireworks [27 CFR 55], such as separation distances for storage and
manufacturing.
State Fire Marshal Fireworks Fact Sheet April 30, 2002
www.fire.state.mn.us
Page 5 of 6
Questions: firecode@state.mn.us
Information for retailers of fireworks
Here is a summary of information relating to retail sale of fireworks in Minnesota:
· Retailers should check with the local governmental entity where sales are
contemplated for any additional requirements that may apply (Le. business licenses,
zoning or permits).
· No permit or license is necessary from the State Fire Marshal Division for sale,
possession or use of fireworks exempted from Minnesota Statute 624.20, although
one my be required locally.
· Strict adherence to state fireworks laws, especially Minn. Stat. 624.20 (c), is
encouraged and expected.
· Operating outside the exception provided by Minn. Stat 624.20 (c) for sale,
possession and use of fireworks is addressed in the criminal statutes of Minn. Stat.
624.20 to 624.25. According to Minn, Stat. 624.25, violations are addressed as
follows:
Any person violating the provisions of sections 624.20 to 624.24 may be sentenced
as follows:
1. if the violation involves explosive fireworks in an amount of 35 pounds gross
container weight or more, to imprisonment for not more than one year, or to
payment of a fine of not more than $3,000, or both;
2. if the violation involves explosive fireworks in an amount of less than 35 pounds
gross container weight, to imprisonment for not more than 90 days, or to payment
of a fine of not more than $700, or both; and
3. if the violation involves any amount of fireworks other than explosive fireworks, to
imprisonment for not more than .90 days, or to payment of a fine of not more than
$700, or both.
· Purchasers of legal fireworks must be at least 18 years old. Minn. Stat. 624.20 (c)
requires that retailers verify age though presentation of photographic identification by
the purchaser.
· The Minnesota Uniform Fire Code is adopted statewide and has provisions relating to
fireworks. Retailers are encouraged to be familiar with the requirements in the Fire
Code since they apply to legal fireworks.
· Smoking is not allowed in areas used for retail sale or storage of fireworks [reference:
MUFC (1998) Section 1109.4.1].
· There are no provisions in the new language of Minn. Stat. 624.20 (c) that limit or
prohibit advertising or mail order sales for legal fireworks. Permitted advertising and
mail order sales, however, are limited to fireworks legalized by Minn. Stat. 624.20 (c)
since other fireworks are still not legal for personal sale, possession or use.
State Fire Marshal Fireworks Fact Sheet April 30, 2002
www.fire.state.mn.us
Page 6 of 6
Questions: firecode@state.mn.us
MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY
Alcohol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Securily
Crime Victim
Services
Driver & Vehicle
Services
Emergency
Management I
Emergency
Response
Commission
State Fire
Marshall
Pipeline Safely
State Patrol
Traffic Safely
MINNESOTA
""""""""
WF.Q....._.'?"
~~~",.
~!!íÍ>!.'~,
~
State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555
Internet: http://www.dps.state.mn.us
Frequently Asked Questions on Enforcement
Of the MUFC as It Relates to Fireworks
April 30, 2002
Although a new law changes the definition of fireworks in Minn. Stat
624.20(c), it does nothing to change enforcement of the Minnesota
Uniform Fire Code (MUFC) as it relates to these legal consumer
fireworks. As a service to the Minnesota Fire Service, the State Fire
Marshal Division has assembled this list of frequently asked questions
relating to fireworks and the MUFC. This analysis was done in response
to a request by the Minnesota State Fire Chief's Association. The SFMD
does not recommend or approve any particular scenario or enforcement
strategy, but is providing this information to encourage a thorough
understanding of the material and options available.
Question 1 - Are local jurisdictions allowed to adopt requirements
that exceed the fire code as it relates to fireworks?
Answer to question 1 - Yes, this has always been available to local
jurisdictions and is permitted in Minn. Rules 299F.011 , Subd. 4. For
example, a city or town could adopt a local ordinance relating to the time
of year for sale, use and possession, or could limit where fireworks are
sold. This could take the form of limits on the quantities for sale, what fire
safety measures must be provided for retail sales outlets or similar
requirements.
Reference for question 1:
299F.011 Uniform fire code; adoption.
Subd. 4. Applicability; local authority. The uniform fire code
shall be applicable throughout the state and in all political subdivisions
and municipalities therein. However, nothing in this subdivision shall
prohibit a local unit of government otherwise authorized by law from
adopting or enforcing any ordinance or regulation which specifies
requirements equal to, in addition to, or more stringent than the
requirements of the uniform fire code. Any ordinance or regulation
adopted by a local unit which differs from the uniform fire code must be
directly related to the safeguarding of life and property from the hazards
of fire, must be uniform for each class or kind of building covered, and
may not exceed the applicable requirements of the uniform building code
adopted pursuant to sections 168.59 to 168.73.
State Fire Marshal FAQ for Enforcers April 30, 2002
www.fire.state.mn.us
Page 1 of 5
Questions: firecode@state.mn.us
Question 2 - Retail sale of consumer fireworks is not directly addressed in
the MUFC, thus would it be appropriate to reference an NFPA or other
standard for fire safety requirements for retail sale?
Answer to question 2 - Yes, since the fire code has language to allow a code
official to deal with hazards that arise and are not specifically addressed in the
MUFC. The fire code currently regulates the storage of high hazard commodities
in retail settings (group A plastics or flammable liquids, for example), so the
introduction of unregulated hazards is cause for concern. Since retail sale of
fireworks is not addressed by the MUFC, code officials are authorized to enforce
other standards to mitigate the hazard and could include NFPA 1124, the
supplement to the UFC, APA Standard 87-1, or other documents as possible
choices.
Reference for question 2:
MUFC 101.3 Subjects Not Specifically Regulated by this Code. Where no
applicable standards or requirements are set forth in this code, or contained
within other laws, codes, regulations, ordinances or bylaws adopted by the
jurisdiction, compliance with applicable standards of the National Fire Protection
Association or other nationally recognized firesafety standards as are approved
shall be deemed as prima facie evidence of compliance with the intent of this
code. See also Section 9001.2. Nothing herein shall derogate from the power of
the chief to determine compliance with codes or standards for those activities or
installations within the chief's jurisdiction or responsibility.
Question 3 - Can local jurisdictions require a permit for fireworks retail
sale or storage, just as they do for hazardous materials or high piled
storage?
Answer to question 3 - Yes. The MUFC currently allows for permits to be
obtained for fireworks and although not specific, this could include retail sale or
storage operations, for example. In setting up a permit system, a community
could establish the levels for the permit and any fire safety requirements
necessary to operate within the permit, just as is done with other permits. Since
there is not specific language in the MUFC dealing with retail sale of fireworks, a
concerned community could enforce compliance with some minimum level of
safety through the permit process (i.e. retail sale must meet NFPA 1124 or the
UFC supplement, for example).
Reference for question 3: MUFC Section 105.8 f.2
.
State Fire Marshal FAQ for Enforcers April 30, 2002
www.fire.state.mn.us -
Page 2 of 5
Questions: firecode@state.mn.us
Question 4 - Can a code official require additional fire protection systems
in retail sales occupancies selling or storing fireworks or in warehouses
with fireworks storage?
Answer to question 4: Yes. When a code official has determined that a special
hazard exists in addition to the normal hazard of an occupancy, additional
safeguards can be required. An example would be the addition of fireworks to a
large storage warehouse where the sprinkler system is designed to protect class
I - IV commodities and the code official is concerned about the added hazard
and the ability of the sprinkler system to protect the new hazard.
Reference for question 4:
MUFC 1001.9 Special Hazards. For occupancies of an especially hazardous
nature or where special hazards exist in addition to the normal hazard of the
occupancy, or where access for fire apparatus is unduly difficult, the chief is
authorized to require additional safeguards consisting of additional fire appliance
units, more than one type of appliance, or special systems suitable for the
protection of the hazard involved. Such devices or appliances can consist of
automatic fire alarm systems, automatic sprinkler or water spray systems,
standpipe and hose, fixed or portable fire extinguishers, suitable fire blankets,
breathing apparatus, manual or automatic covers, carbon dioxide, foam,
halogenated or dry chemical or other special fire-extinguishing systems. Where
such systems are provided, they shall be designed and installed in accordance
with the applicable
Question 5 - Can a code official limit smoking in retail sales buildings,
warehouses or tents containing fireworks?
Answer to question 5: Yes. If the chief determines that smoking constitutes a
fire hazard, the chief is authorized by the MUFC to prohibit smoking in such
areas.
Reference for question 5:
MUFC 1109.4.1 Designated areas. When the chief determines that smoking
constitutes a fire hazard in any areas of piers, wharves, warehouses, stores,
industrial plants, institutions, schools, places of assembly and in open spaces
where combustible materials are stored or handled, the chief is authorized to
order the owner or occupant to post approved NO SMOKING signs in each
building, structure, room or place in which smoking is prohibited. Such signs shall
be conspicuously and suitably located and shall be maintained. When necessary,
the chief is authorized to designate specific safe locations in any building,
structure or place where smoking is allowed.
State Fire Marshal FAQ for Enforcers April 30, 2002
WWW.fire.state.mn.us
Page 3 of 5
Questions: firecode@state.mn.us
Question 6 - Can a code official prevent fireworks from being used near
tents or road side stands?
Answer to question 6: Yes - for structures falling under the requirements of
Article 32 (Temporary tents and membrane structures greater than 200 square
feet in area), the MUFC prohibits fireworks use and open flames inside or
adjacent to the structure.
Reference for question 6:
MUFC 3215.2 Fireworks, Open Flames and Hot Objects. Fireworks, open flames
and devices capable of igniting combustible materials shall not be used in or
adjacent to a temporary membrane structure, tent or canopy, unless otherwise
approved.
Question 7 - Does Article 77 (Explosives) of the MUFC apply to the
manufacture, storage and transportation of fireworks?
Answer to question 7: Yes, Article 77 (Explosives) of the MUFC applies to
manufacture. storace and transportation of fireworks. There is an exception on
the application of Article 77 for the sale. possession or use of fireworks, so this
leaves manufacture, storage and transportation open to enforcement of Article
77. As such, the quantity limits, separation distances, storage practices etc. of
Article 77 could be enforced where manufacture, storage and transportation of
fireworks occurs.
Reference for question 7:
MUFC 7701.1 Scope. Manufacture, possession, storage, sale, transportation and
use of explosive materials shall be in accordance with Article 77.
EXCEPTIONS:
3. The sale, possession or use of fireworks 1.4G (Class C common fireworks).
Question 8 - Does the MUFC consider fireworks to be flammable solids and
subject them to the requirements for H occupancies when storing above
the 125-pound limit in Article 80?
Answer to question 8: No. Although this may appear to be a possible
enforcement option, the definitions in the MUFC for flammable solid do not
support such a determination. Also, the examples found in Appendix Chapter VI-
A, make no mention of fireworks being a flammable solid. In summary, the State
Fire Marshal does not recommend using this reference in relation to consumer
fireworks.
State Fire Marshal FAQ for Enforcers April 30, 2002
www.fire.state.mn.us
Page 4 of 5
Questions: firecode@state.mn.us
.
Reference for question 8:
MUFC Definitions - FLAMMABLE SOLID is a solid substance, other than one
which is defined as a blasting agent or explosive, that is liable to cause fire
through friction or as a result of retained heat from manufacture, which has an
ignition temperature below 212°F (100°C), or which burns so vigorously or
persistently when ignited that it creates a serious hazard. Flammable solids
include finely divided solid materials which when dispersed in air as a cloud could
be ignited and cause an explosion.
Appendix VI-A
2.1.4 Flammable solids.
2.1.4.1 Organic solids. Examples: camphor, cellulose nitrate and napthalene.
2.1.4.2 Inorganic solids. Examples: decaborane, lithium amide, phosphorous
heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium
sulfide and sulfur.
2.1.4.3 Combustible metals (except dusts and powders). Examples: cesium,
magnesium and zirconium.
2.1.4.4 Combustible dusts and powders (including metals). Examples: wood
sawdust, plastics, coal, flour and powdered
metals (few exceptions).
Question 9 - Is the chief allowed to prohibit the use of fireworks in
hazardous fire areas as authorized by Appendix II-A?
Answer to question 9: Yes. Appendix II-A of the fire code has been adopted
and may be enforced as such. When the chief has identified a hazardous fire
area, Section 10 of Appendix II-A prohibits the possession or use of fireworks in
such areas.
Reference for question 9:
MUFC SECTION 10 - FIREWORKS Fireworks shall not be used or possessed in
hazardous fire areas. The chief is authorized to seize, take, remove or cause to
be removed fireworks in violation of Section 10.
NOTE: The State Fire Marshal Division is currently in the process of
adopting the International Fire Code and anticipates that a similar
analysis of fireworks requirements under the new code will be
needed.
State Fire Marshal FAQ for Enforcers April 3D, 2002
www.fire.state.mn.us
Page 5 of 5
Questions: firecode@state,mn.us
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10
OF THE CHANHASSEN CITY CODE
CONCERNING THE SALE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 10 of the Chanhassen City Code is amended by adding
Article III to provide as follows:
ARTICLE III. FIREWORKS
Sec. 10-54. Sale of Fireworks.
It is unlawful to sell fireworks in the City of Chanhassen in violation of Minnesota
Statutes, §§ 624.20 through 624.25, inclusive, which are adopted by reference. "Legal
fireworks" as defined in this Article may, however, be sold upon issuance of a license
issued by the City.
Sec. 10-55. Definition.
For the purposes of this Section "legal fireworks" is defined to mean:
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 jive hundredths grains of explosive mixture.
Sec. 10-56. Application.
The application' for a license shall contain the following information: name,
address, and telephone number of applicant; the address of the location where fireworks
will be sold; the type of legal fireworks to be sold; the estimated quantity of legal fireworks
that will be stored and displayed on the licensed premises.
.
100574.01
RNK,05/17/2002
1
Sec. 10-57. Processing Application.
The application must be filed with the Fire Marshall together with the license fee.
Following an inspection of the premises proposed to be licensed, the City Manager or
his/her designee shall issue the license if the conditions for license approval are satisfied
and the location is properly zoned. If the City Manager or his/her designee denies the
license application, the applicant may, within ten (10) days, appeal the decision to the City
Council.
Sec. 10-58. Conditions of License.
The license shall be issued subject to the following conditions:
(1) The license is non-transferable, either to a different person or location.
(2) The licensed premises must be a permanent building equipped with an
automatic sprinkler system.
(3) The license must be publicly displayed on the licensed premises,
(4) The premises are subject to inspection by City employees or law
enforcement during normal business hours.
(5) The sale of legal fireworks must be allowed by the zoning ordinance and
must comply with all zoning ordinance requirements including signs.
(6) The premises must be in compliance with the State Building Code and State
Fire Code.
Sec. 10-59. License Period and License Fee.
Licenses shall be issued for a calendar year. The license fee shall be established
by City Council resolution. License fees shall not be prorated.
Sec. 10-60. Revocation of License.
Following written notice and an opportunity for a hearing, the City Manager or
his/her designee may revoke a license for violation of this Article or state law concerning
the sale, use or possession of fireworks. If a license is revoked, neither the applicant nor
the licensed premises may obtain a license for twelve (12) months. If the City Manager or
his/her designee revokes a license, the license holder may within ten (10) days appeal the
decision to the City Council.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
100574.01
RNK05117/2002
2
PASSED AND ADOPTED this day of
the City Council of the City of Chanhassen, Minnesota.
, 2002, by
ATTEST:
Todd Gerhardt, City Manager
Linda C. Jansen, Mayor
(Published in the Chanhassen Villager on
, 2002).
100574.01
RNK:05117/2002
3
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION EST ABLISHlNG THE PROCESSING AND LICENSE FEE
FOR THE SALE OF FIREWORKS
BE IT RESOLVED that the City Council of the City of Chanhassen, that the license fee
for a fireworks permit is established at $200.00 annually. Said fee shall offset costs associated with
processing said license, including but not limited to plan review, inspection, and ongoing
compliance checks.
Passed and adopted by the Chanhassen City Council this day of
, 2001.
ATTEST:
Todd Gerhardt, City Manager
Linda C. Jansen, Mayor
YES
NO
ABSENT
CITY OF CHANHASSEN
SALE OF FIREWORKS
APPLICATION
7700 Market Boulevard, P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
License No.
Receipt #
Permit Fee $200.00
Date: -----1-----1_
II
I
.¡
I
Site Address:
Zoning:
Property Owner: Phone:
Emergency No.
Address:
State Zi p Code
Applicant: Phone:
Emergency No.
Address:
State Zip Code
Type of Fireworks
Maximum Quantity Stored
Displayed
This is to certify that I am making application for the described action to the City and that I am responsible for
complying with all City requirements with regard to this request. This application should be processed in my
! name and I am the party whom the City should contact regarding any matter pertaining to this application. I have
.. attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or
purchase agreement), or I am the authorized person to make this application and the fee owner has also signed
this application.
THE UNDERSIGNED HEREBY AGREES WITH CONDITIONS OF THE CHANHASSEN CITY CODE AND THE
RULINGS OF THE BUILDINGIFIRE INSPECTIONS DIVISION
I Applicant's Signature:
1
!
l
Date: _1-----1_
Owner's Signature:
Date: _1-----1_
Site Inspection Approval
Fire Marshal:
Building Official:
Planning Dept.
Date:
Date:
Date:
Approved by:
Date:
City of Chanhassen
SALE OF FIREWORKS
License is Hereby Granted to
,<~ d-
III'~-
!11\~:;r~
For the term of one year from
on the premises located at
to
to sell fireworks as defined by law at retail
XXXX Main Street
In the municipality of Chanhassen in said County and State, at which premises said licensee
control and operate as defined by law; subject however, to the laws of the United States, the laws of the
State of Minnesota, the regulations and ordinances of said municipality, and the rules and regulations
thereof relating to the sale and distribution of fireworks, hereby made a part hereof, and subject to
revocation according to law for violation thereof.
This license is non-transferable except by consent of the authority issuing the same.
WITNESS THE GOVERNING BODY OF THEMUNlCIPAILlTY OF CHANHASSEN and the seal thereof
this day of by the City Council of the City of Chanhassen.
License No.
Fire Marshal
City of Chanhassen
SALE OF FIREWORKS
License is Hereby Granted to
d"
~--
~
For the term of one year from
on the premises located at
to
to sell·fireworks as defined by law at retail
XXXX Main Street
In the municipality of Chanhassen in said County and State, at which premises said licensee
control and operate as defined by law; subject however, to the laws of the United States, the laws of the
State of Minnesota, the regulations and ordinances of said municipality, and the rules and regulations
thereof relating to the sale and distribution of fireworks, hereby made a part hereof, and subject to
revocation according to law for violation thereof.
This license is non-transferable except by consent of the authority issuing the same.
WITNESS THE GOVERNING BODY OF THEMUNICIPAILlTY OF CHANHASSEN and the seal thereof
this day of by the City Council of the City of Chanhassen.
License No.
Fire Marshal