§ 14-67. Fireworks, Pyrotechnic Displays, and Flame Effects.  


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  • (A)

    Permits, in accordance with Section 14-39 of this Code, from the Chief Fire Official shall be required for all fireworks, or pyrotechnic displays, and flame effect uses. Application for a permit to operate a fireworks display shall be made to the Chief Fire Official at least thirty (30) days prior to the event. Application for a permit to operate a pyrotechnic display or flame effect use shall be made to the Chief Fire Official at least fifteen (15) days prior to the event. All applications must be submitted in the manner prescribed by the Chief Fire Official.

    (1)

    Applications for a fireworks permit received less than thirty (30) days prior to the event or for a pyrotechnic or flame effect use permit received less than fifteen (15) days prior to the event, may result in additional fees in accordance with the established fee schedule or denial of the permit.

    (2)

    Applications, at minimum, must contain the following;

    (i)

    The name, address and telephone number of the organization sponsoring the display, the supplier of the fireworks, the operator (pyrotechnician) and all assistants.

    (ii)

    Application shall be signed by the sponsoring organization representative, the operator (pyrotechnician) and approved by the Chief Fire Official in accordance with Section 791.02(1), Florida Statutes.

    (iii)

    References for the most recent three firework displays or flame effect use supervised and discharged or used by the designated operator shall be required for review by the Chief Fire Official. Said referenced displays shall be similar in size and complexity and will provide contact persons and telephone numbers.

    (iv)

    The date and time of day at which the display is to be held and the duration time for said display.

    (v)

    The exact location address for the display, event or production.

    (vi)

    A copy of a location site plan with dimensions indicating the exact location planned for the display site and all grounds and facilities at which the event will be held. This plan shall include the location of all structures, audience viewing areas, roads, trees and overhead utilities within the discharge site, bulk hazardous materials storage, and mortar set-up.

    (vii)

    Operator and assistant qualifications shall comply with the provisions of NFPA 1123, NFPA 1126 and NFPA 160 of the edition adopted by the Florida Fire Prevention Code. The operator shall be responsible for ensuring that a sufficient number of assistants are available on site for the safe storage and conduct of the fireworks display. Operators shall be at least 21 years of age and all assistants shall be at least 18 years of age. A copy of a valid driver's license or other valid picture LD acceptable to the AHJ shall be provided for all operators and assistants.

    (viii)

    The type and number of fireworks to be discharged.

    (ix)

    The manner and place of storage of fireworks prior to display. The date, time and travel route from the point the fireworks enter Miami-Dade County.

    (x)

    For aerial displays: (1) Size and number of each type of burst (single, multiple, etc.). Size and number or salutes; (2) Size and number of chain-fused aerial shells; (3) Mortar tube material and method of supporting and stabilizing mortars (rack, trough, or drum).

    (xi)

    For floating vessels and floating platforms: A drawing showing the deck size, the layout and arrangement of the mortars, and location of the safety shelter(s).

    (xii)

    For rooftops and limited egress locations: (1) A drawing showing the discharge site size, layout and arrangement of mortars, location and arrangement of the means of escape, location of the safety shelter(s), and the location of any openings into the building and method of securing openings; (2) A report from an engineer stating the roof deck is capable of withstanding the load of the fireworks operation for all structures except rooftops designed as motor vehicle parking decks.

    (xiii)

    For fixed displays: Size, type and description of displays.

    (xiii)

    For flame effects: All information specified for the flame effect plan in NFPA 160.

    (3)

    Permits shall not be issued for fireworks or outdoor pyrotechnic displays between 11:00 p.m. and 9:00 a.m. These time restrictions herein shall not be applicable on January 1, January 18, July 4, and December 31, or any other time where specific permission is granted by ordinance or the fire department having jurisdiction.

    (4)

    Before any permit for a fireworks, pyrotechnic display, or flame effect use shall be issued, the person making said application shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person or any agent or employee thereof in such amount, character and form as the Chief Fire Official determines to be necessary for the protection of the public.

    (5)

    A copy of the certificate of insurance naming the permitting agency as additional insured is required. Minimum required amount of certificates of insurance for permit issuance is as follows: $1,000,000.00 for bodily injury, and $50,000.00 for property damage per occurrence.

    (B)

    The Chief Fire Official may require standby services in accordance with Section 14-63 of this Code. The expense of such standby services shall be borne by the permit holder. Standby services, if required, shall be on duty from the time the fireworks, pyrotechnic materials, or flame effect fuel are delivered at the site until the termination of the display and the removal of all fireworks, pyrotechnic materials, flame effect fuel, and debris from the site or as determined necessary by the Chief Fire Official. In the case of indoor displays or performances, standby personnel shall be maintained until total restoration of normal function of the fire safety systems has been verified.

    (C)

    The operator of a fireworks display, pyrotechnic display, or flame effects shall not fire or discharge any fireworks or pyrotechnic device, or operate any flame effect until given approval to fire, discharge, or operate the device by the Fire Department standby personnel, if present. The operator shall immediately cease firing, discharging, or operating any fireworks, pyrotechnic device, or flame effect upon receiving direction to cease operation from any Fire Department standby personnel.

    (D)

    Additional Requirements for Outdoor Display of Fireworks on Private Residential Property:

    (1)

    Written approval from the property owners located adjacent to the proposed display site property is required prior to approval of a permit for outdoor fireworks display.

    (2)

    Minimum distance separation shall be no less than 300 feet from the nearest dwelling, building, or structure. This includes canopies, chickee huts, or similar structures, bulk storage areas, public highways, railroads or other means of travel.

    (3)

    Not permitted within 1,000 feet of a school, theater, church, hospital, nursing home, assisted living facility, livestock/animal storage site, or similar structures or institutions.

    (E)

    Protection for Outdoor Fireworks. A minimum of two, two and one-half gallon pressurized water fire extinguishers shall be available in the discharge area the entire time fireworks are on site. Additional extinguishers or equipment may be required if conditions warrant. In addition, adequate water supply for fire protection shall be available at the discharge site.

    (F)

    Pyrotechnics Before a Proximate Audience and Flame Effects Before an Audience

    (1)

    Any indoor use of pyrotechnics or flame effects shall not be permitted in buildings or any portion thereof unless protected by an approved automatic sprinkler system.

    (2)

    Indoor use of pyrotechnics and flame effects shall be prohibited in temporary structures such as tents.

    (3)

    Demonstration of the pyrotechnic display or flame effect shall be required prior to the final approval of a permit. The Chief Fire Official may waive this requirement.

    (G)

    Sky Lanterns: The use of unmanned, free-floating sky lanterns and similar devices utilizing an open flame shall be prohibited.

    (H)

    Requirements for the Sale, Display, Merchandising, Storage and Handling of Sparklers and Novelty Items within Buildings, Structures, Tents, Temporary Membrane Structures and Outdoor Sites.

    (1)

    All permit applications shall be approved by the appropriate agencies. (Fire Department, Zoning, etc.)

    (2)

    Precautions shall be taken to protect against fire or spread of fire in all sites located within fields or lots with ground cover such as brush, grass or other overgrowth of vegetation.

    (3)

    The use, ignition or discharge of any approved sparklers or novelty items is prohibited within buildings or structures where sparklers or novelty items are offered for sale, displayed, or stored, and within 300 feet of any outdoor sales storage or handling sites.

    (4)

    Buildings or structures used in whole or in part for sales (retail or wholesale), display, merchandising, handling, or storage of sparklers and/or novelty items shall be fully protected throughout with an automatic sprinklers system in accordance with the adopted edition of NFPA 13. Buildings used for other than seasonal retail sales of sparklers shall have the sprinkler system designed for extra-hazard contents.

    (5)

    No storage or sale of sparklers or novelty items shall be permitted in or from vehicles.

(Ord. No. 16-89, § 3, 9-7-16)