Mason City council approves use of fireworks in town during two holidays only

MASON CITY – The Mason City council this week approved the exploding of fireworks in town during the Fourth of July and New Year’s Holidays, with some exceptions.

The new ordinance passed the council 4 to 1, with Paul Adams the lone dissenter.

Below is the city ordinance governing the use of fireworks in Mason City:

ORDINANCE NO. 17 – 10

AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF MASON CITY, IOWA, BY REPEALING TITLE 8, CHAPTER 3 “GENERAL OFFENSES” SECTION 11 “FIREWORKS”, AND ADOPTING A NEW SECTION 11 IN LIEU THEREOF

BE IT ORDAINED by the City Council of the City of Mason City, Iowa:

Section 1: That the City Code of the City of Mason City, Iowa, should be and the same is hereby amended by repealing Title 8, Chapter 3 “General Offenses”, Section 11 “Fireworks” and adopting a new Section 11 in lieu thereof as follows:

“TITLE 8

CHAPTER 3 “GENERAL OFFENSES

SECTION 11 “FIREWORKS”

1. 1. CONSUMER FIREWORKS:

The purpose of this section is to regulate the sale, use, or exploding of consumer fireworks within the city. All sales, use, and exploding of consumer fireworks shall conform to Iowa Code section 727.2, the requirements of this section, and all other applicable requirements of this code.

1. 1. 1. Definitions.

         1. Consumer Fireworks: The term consumer fireworks shall have the same meaning as defined in Iowa Code 727.2

         2. Fire Marshal: an inspector appointed by the Office of the State Fire Marshal, or, if so designated by the State Fire Marshal’s office, the city fire marshal.

         3. Permanent Building: A structure enclosed within interior walls and having a roof, built, erected and framed of a combinations of materials for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

         4. Temporary Structure: For the purposes of this section, a temporary structure is defined as a tent, canopy, stand or similar enclosure that is not permanently affixed to the land, which is not intended for permanent use, and is erected for the purpose of retail sales of consumer fireworks.

      2. Sales – General Requirements:

         1. All sales of consumer fireworks shall conform to the requirements of Iowa Code 727.2 and all applicable sections of the city code.

         2. Application: Prior to establishing any sales outlet for consumer fireworks, an application on a form supplied by the fire department shall be submitted, along with all required attachments, and the initial inspection fee, to the city fire marshal. Attachments shall include:

            1. Proof of License: Proof of licensing from the Office of the State Fire Marshal.

            2. Proof of Liability Insurance: Proof of liability insurance, separate from the building property insurance, covering all aspects of consumer fireworks sales for a minimum amount per occurrence of $1,000,000 and a minimum aggregate amount of $2,000,000.

            3. Site Plan. All initial applications for establishment of a consumer fireworks sales outlet shall include a detailed site plan, drawn to a measurable scale, showing the location of all permanent buildings on the site and the location of any temporary structures erected for sales of consumer fireworks.

         3. Review: All initial applications for sales of consumer fireworks shall be reviewed and determined to be in compliance by the development review committee, as created in chapter 7 of title 12, Zoning, prior to establishment of the sales outlet or erection of any temporary structure. Upon determination that the application is complete, the fire marshal shall forward the application to the development review committee. The development review committee shall determine whether the request for retail sales of consumer fireworks  is in compliance with the requirements of the state code, this section and all other applicable requirements of the city code.

            1. Compliance: All sales shall comply with Iowa Code section 727.2. Location of sales, storage of consumer fireworks, and setbacks of temporary structures shall comply with National Fire Protection Association (NFPA) standards, as adopted by state code, and with the International Fire Code, as adopted by the city, as well as with all applicable city zoning and building ordnances.

            2. Sales in a Permanent Building: Only the initial application to establish sales of consumer fireworks shall be reviewed by the development review committee to determine that sales will be in compliance. However, any expansion of the building or expansion onto additional properties shall not commence until the development review committee has reviewed the expansion and determined it to be in compliance.

            3. Sales in a Temporary Structure: The initial application for sales in a temporary structure shall be reviewed by the development review committee to determine that sales will be in compliance. When future inspections by the fire marshal identify that a change in the location of fireworks sales, display or storage, setback of temporary structures, or other material change from the approved plan has occurred, a revised plan shall be submitted for compliance review by the development review committee.

         4. Inspections: Upon determination that the application is complete, the city fire marshal shall notify the applicant and schedule an inspection. Sales of consumer fireworks may not commence until a fire inspection of the premises is completed and a consumer fireworks permit issued.

            1. Sales of consumer fireworks within a permanent building shall be inspected annually.

            2. Sales of consumer fireworks from a temporary structure shall be inspected after erection of the temporary structure for each season in which sales will be conducted, but prior to any sales.

         5. Approval: Upon determination by the fire marshal that the sales from a permanent building or temporary structure meets all applicable requirements, a consumer fireworks permit shall be issued.

         6. Renewal:

            1. Permanent Building: An existing permit for sales of consumer fireworks in a permanent building shall be renewed annually. The fire marshal shall inspect the premises to determine that the sales conducted therein continue to comply with state and local codes.

            2. Temporary Structures:

               1. A consumer fireworks permit for a temporary structure shall expire on the date that the temporary structure is removed, or July 8 of each year, whichever is sooner.

               2. Each such temporary structure must be removed by July 15 of each year.

               3. If the permit holder wishes to re-establish sales in a temporary structure at the same location in a future year, a new permit must be applied for, the site plan reviewed for changes from the prior year plan, review of changes (if any) by the development review committee, inspection of the site and determination that it is in compliance, and issuance of the permit by the fire marshal.

         7. Revocation: The fire marshal may revoke the approval at any time due to false or fraudulent information during the application and inspection process, or any violation of state or local requirements.

         8. Inspection Fees: Inspection fees shall be set by resolution approved by the city council.

      3. Dates of Permitted Sales:

         1. All sale dates and requirements shall conform to the required city code. Consumer fireworks may only be sold during those periods allowed under the applicable Iowa Code.

         2. All sales shall conform to the requirements of title 12, Zoning.

         3. Sales within a permanent structure or building sales shall be allowed between June 1 and July 8 and from December 10 until January 3.

         4. Approved temporary structure or stands sales shall be allowed between June 13 and July 8.

      4. Fireworks – Dates of Exploding, Discharge and Use:

         1. No person shall explode or discharge a consumer fireworks device outside the following dates and hours:

            1. July 3 through July 4 from the hours of 9 AM until 10 PM; however, consumer fireworks may be exploded or discharged between 9:00 AM and 11 PM on July 4.

            2. December 31 through January 1 from the hours of 9 AM until 10 PM; however, consumer fireworks may be exploded or discharged between 9:00 AM December 31 and 12:30 AM on January 1.

      5. Fireworks may not be set off on public property that includes cemeteries and parks.

      6. Fireworks when set off must be more than 200 yards from hospitals, hospice care centers, and nursing homes.

      7. Sanctioned Fireworks Shows and Displays: A special fireworks permit may be obtained from the fire department for display of fireworks by a display operator or operators certified by the Pyrotechnics Guild International, outside the above-listed dates for a public event approved by fire chief or the city council.

      8. Other Use. Use of pistols, canes, cannons or other appliances using blank cartridges shall only be used for bona fide athletic purposes, permitted displays, or other uses approved by fire chief or the city council.

Section 2:  That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 3:  If any section, provision, or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section thereof, or part thereof, not adjudged invalid or unconstitutional.

Section 4:  This ordinance shall be in full force and effect upon its final passage, approval and publication as required by law.

PASSED AND APPROVED this 20th day of June, 2017.