LogoBanner
Banner
Go To Search
Fireworks Restrictions (2)

RESOLUTION NO.     -2010

 

Date Adopted:   -    - 2010

 

Date Published/Effective:   -   - 2010

 

 

A RESOLUTION AMENDING CHAPTER 12, ARTICLE II., OF THE SEDGWICK COUNTY CODE, ENTITLED “FIRE PREVENTION AND PROTECTION,” AND AMENDING THE INTERNATIONAL FIRE CODE, 2003 EDITION, WITH CERTAIN PROVISIONS DECLARED TO BE OMITTED, AMENDED OR MODIFIED; AND PROVIDING FOR PENALTIES AND PROSECUTION OF VIOLATIONS THEREOF;  PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM THE POSSESSION, STORAGE, SALE, DISPLAY, USE AND DISCHARGE OR EXPLOSION OF FIREWORKS, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; TO BE EFFECTIVE WITHIN THE UNINCORPORATED AREAS OF SEDGWICK COUNTY, KANSAS, INCLUDING THOSE AREAS INCLUDED WITHIN SEDGWICK COUNTY FIRE DISTRICT NUMBER ONE, INCLUDING THOSE SECOND AND THIRD CLASS CITIES LOCATED THEREIN WHICH HAVE BY ACTION OF THEIR GOVERNING BODIES ADOPTED BOTH THE INTERNATIONAL FIRE CODE, 2003 EDITION AND THE INTERNATIONAL FIRE CODE STANDARDS IN THE SAME FORM AS HEREIN CONTAINED AND WHICH HAVE ENTERED INTO A SEPARATE AGREEMENT WITH SEDGWICK COUNTY AND SEDGWICK COUNTY FIRE DISTRICT NUMBER ONE PROVIDING FOR ENFORCEMENT WITHIN THEIR MUNICIPAL BOUNDARIES BY OFFICERS OF THE FIRE PREVENTION DEPARTMENT AND CONFERRING JURISDICTION UPON SEDGWICK COUNTY FOR ALL PROSECUTORIAL FUNCTIONS RELATING THERETO; AND REPEALING PREVIOUS FIREWORK CODES  OF THE SEDGWICK COUNTY CODE.

 

 

                WHEREAS, on the 25th day of August, 1993, the Board of County Commissioners adopted Resolution No. 159-1993, which resolution adopted the Sedgwick County Code; and

 

 

            WHEREAS, Chapter 12, Article II. of the Sedgwick County Code incorporates by reference the International Fire Code, 2003 Edition (Resolution 201-04); and

 

 

            WHEREAS, Kansas State law authorizes Sedgwick County to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries pursuant to 2009 Supp. K.S.A. 34-134(b); and  

 

 

            WHEREAS, the Board of County Commissioners of Sedgwick County, Kansas, finds that it has been advised by the Fire Chief of Sedgwick County Fire District Number One, and therefore deems it necessary to amend Chapter 12, Article II, of the Sedgwick County Code, and to amend the International Fire Code, 2003 Edition, with certain provisions declared to be omitted, amended or modified; to provide for penalties and prosecution of violations thereof; to prescribe regulations governing conditions hazardous to life and property from fire from the possession, storage, sale, display, use and discharge or explosion of fireworks; to provide for the issuance of permits and collection of fees therefor; to be effective within all unincorporated areas of Sedgwick County, Kansas, including those areas that that are included in Sedgwick County Fire District Number One, including those second and third class cities located therein which have by action of their governing bodies adopted both the International Fire Code, 2003 Edition and the International Fire Code Standards in the same form as herein contained and which have entered into a separate agreement with the Board of County Commissioners, as Governing Body of the Sedgwick County Fire District Number One, providing for enforcement within their municipal boundaries by officers of the Fire Prevention Department and conferring jurisdiction upon Sedgwick County for all prosecutorial functions relating thereto; and repealing previous Firework Codes of the Sedgwick County Code.

 

 

            NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS:

 

3301.1.3 Fireworks. Is hereby deleted in its entirety and new Section 3301.1.3 is hereby adopted, which shall read as follows:

 

3301.1.3 Fireworks. No person shall possess, manufacture, store, offer or expose for retail sale, use, discharge, explode, or handle fireworks.

 

Exceptions:

 

1.                  Storage and handling of fireworks as permitted by Section 3304.4.1 and 2003 IFC Section 3304;

 

2.                  Manufacture, assembly and testing of fireworks as permitted by the 2003 IFC Section 3305;

 

3.                  The use of fireworks for display as permitted by the 2003 IFC Section 3308;

 

4.                  The wholesale of fireworks as permitted by Section 3309;

 

5.                  The specific Fourth of July Holiday exception provided for in Section 3350.   

 

 

3302.1 Definitions. The terms “Fireworks,” “Sale at wholesale” and “Temporary storage” are hereby deleted in their entirety and new Section 3302.1 is hereby adopted, which shall read as follows:

 

3302.1 Definitions.

 

1.         Fireworks. The term “fireworks” shall mean and include any combustible or deflagrating composition, article, or device suitable for the use of the public for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and previously approved for transportation by the chemical laboratory of the United States department of transportation.

 

2.         Consumer Fireworks. Small firework devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOTn for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507, are not explosive materials for the purpose of this Code. (The fireworks in this definition were formerly known as Class C, Common Fireworks).

 

3.         display Fireworks. Large firework devices, which are explosive materials, intended for use in fireworks displays and designed to produce audible or visual effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as 1.4G fireworks. Such 1.3G fireworks, are also described as Fireworks, UN0335 by the DOTn. (The fireworks in this definition were formerly known as Class B, Special fireworks).    

 

4.         Sale at wholesale. Sales of fireworks to an individual, firm, limited liability company, partnership, corporation or association engaged in the business of selling fireworks for retail within the county.

 

5.         non-fireworks. Nothing in this Code shall be construed as applying to toy smoke devices defined as smoke balls, or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of colored smoke (white and black smokes are considered colored); or to toy paper caps containing not more than twenty-five hundredths of a grain explosive composition per cap, and to the manufacturer, storage, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation not applying to the military or naval forces of the United States or of this state, or to peace officers, nor as prohibiting the use of blank cartridges for ceremonial or theatrical or athletic events; nor as prohibiting the firing of sky rockets or missiles when produced by a science class of any school and when under supervision of the science instructor and when the place and time of firing the sky rockets or missiles has been approved by the Fire Marshal, or designee.

 

6.         Temporary storage. Storage of pyrotechnic special effects material on site for a period of time shall be determined by the Fire Marshal or designee and noted upon any permit required and issued in association therewith.

 

 

SECTION 3304.4.1, STORAGE OF FIREWORKS, is hereby created, and shall read as follows:

 

3304.4.2 Storage, handling. Fireworks shall be stored in a room set aside for the storage of fireworks only.  Over the entrance of this room shall be posted a sign reading, “FIREWORKS – NO SMOKING-KEEP OPEN FLAMES AWAY.”

 

3304.4.3 Storage near flammable substances prohibited. Fireworks shall not be kept in a place of business where paints, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless in a separate and distinct section or department of the store or building.

 

3304.4.4 Storage near gasoline or other stations selling flammable liquids. Fireworks shall not be stored or kept within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk stations or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only; provided further, the storage of fireworks shall comply with all requirements found in Section 3304, entitled “Explosive Materials Storage and Handling” in 2003 IFC, as may be amended form time to time.    

 

 

3309.1 Sale of Fireworks. Is hereby deleted in its entirety and new Section 3309.1 is hereby adopted, which shall read as follows:

                       

3309.1 Sale of Fireworks Prohibited.  Retail sale of fireworks, Consumer Fireworks (1.4G), and/or Display Fireworks (1.3G) within the confines of the unincorporated area of Sedgwick County, Kansas is prohibited. This shall not apply to municipalities within the confines of Sedgwick County that have authorized such sales by ordinance.       

 

 

SECTION 3320, DISCHARGE OF FIREWORKS, is hereby created, and shall read as follows:

 

3320.1 Illegal discharge. A person shall not, at any time, ignite or discharge fireworks within 1,000 feet of any hospital, sanitarium, infirmary, retirement or nursing home, wild life reserves, parks or zoo;   into, under or on a car, vehicle, motorcycle, or other means of transportation, whether moving or standing still; or on a public road or the right-of-way adjoining a public roadway.  Fireworks shall not be discharged within 100 feet of any facility where fireworks are stored.

 

 

SECTION 3330, POSSESSION OF FIREWORKS, is hereby created, and shall read as follows: 

 

3330.1 Illegal possession of fireworks. No person shall possess Consumer Fireworks (1.4G) except as provided for during the time period established in Section 3350, Fourth of July Holiday Exception. No person shall possess Display Fireworks (1.3G) or illegal fireworks as defined by K.A.R. 22-6-12, at any time, unless said person can prove by clear and convincing evidence that the possession is the direct result of the manufacture, wholesale or pyrotechnic display of fireworks by a licensed pyrotechnic operator.        

 

 

SECTION 3340, SEIZURE AND DISPOSITION OF FIREWORKS, is hereby created, and shall read as follows:

 

3340.1  Seizure of fireworks. Fireworks which are illegally offered, used, discharged, possessed or transported in violation of the provisions of this code shall be subject to seizure by the Fire  Marshal or designee, and/or any Sedgwick County Sheriff Officer.

 

3340.2 Disposition of seized fireworks. Fireworks seized under this section may be disposed of by summary destruction at any time subsequent to 15 days from the seizure of the fireworks, unless a petition is filed by the owner thereof under Section 3340.3.  

 

3340.3 Petition by owner for possession.  (1) Any person whose fireworks are seized under the provisions of this code may, within 10 days after the seizure, submit a written petition to the Sedgwick County Court by filing the petition with the County Court Clerk, upon the grounds that the fireworks were illegally or erroneously seized.  Upon the filing of the petition, the County Court Clerk shall set a hearing date on the regular court calendar and notify any involved local fire or law enforcement agency. The proper filing of the petition shall stay the disposal of the fireworks until the County Court enters a final order, unless a timely appeal is taken thereafter,  then disposal shall not occur until a  final judgment is rendered .   

 

(2) If any petition filed requests a hearing, the County Court Judge shall hear the person on the scheduled court date. The County Court Clerk shall give written notice of the hearing to the petitioner by regular US mail. The hearing shall be held in accordance with the Sedgwick County Code and K.S.A. 19-4723. The Court shall rule upon the petition after completion of the hearing.

 

(3) If the petitioner fails to appear at the date and time set for the hearing, the fireworks seized shall be forthwith disposed of in the manner determined by the Fire Marshal or designee.

 

(4) The County Court may order the fireworks seized under these regulations disposed of, or, if illegally or erroneously seized, returned to the petitioner.

 

(5) The judgment of the County Court may be appealed to the District Court in the same manner as allowed by K.S.A. 19-4737 and 19-4728.

 

 

 

SECTION 3350, FOURTH OF JULY EXCEPTION, is hereby created, and shall read as follows:   

 

3350.1 Fourth of July Exception; Possession and proper discharge allowed; Limitations.

(1) Beginning 8:00 a.m. (0800) on June 27th and ending 12:00a.m. (0000), midnight, July 5th, the possession of Consumer Fireworks (1.4G) shall be allowed, unless otherwise restricted by this code.

 

(2) Beginning at 8:00 a.m. (0800) and ending at 12:00a.m. (0000), midnight, on July 1, 2, 3 and 4th, the discharge of Consumer Fireworks (1.4G) shall be allowed, unless otherwise restricted by the code. In the event the Fourth of July Federal Holiday falls on July 5th of any particular year, the discharge of Consumer Fireworks (1.4G) shall be allowed one additional day, beginning at 8:00 a.m. (0800) and ending 12:00 a.m. (0000), midnight on July 5th.       

           

(3) Discharge of Consumer Fireworks (1.4G) is allowed on private or residential property located within the unincorporated area of Sedgwick County during the dates and time established herein, and only with permission of any person or entity having an ownership interest therein. An adult residing on the property or having an ownership interest therein shall supervise the use, explosion and/or discharge of fireworks on such property.      

 

(4) Bottle rockets and other similar self-propelled firework(s) devices consisting of a tube and attached guiding stick or rod shall not be possessed, discharged, exploded or used, at any time.

 

(5) Discharge, explosion or use of fireworks of any kind shall not be allowed upon any public road, street, highway, avenue or alley or in any public park or public place within unincorporated Sedgwick County, unless expressly approved in writing by the Sedgwick County Board of County Commissioners. Discharge, explosion or use of fireworks on any property owned by Sedgwick County shall not be allowed, unless expressly approved in writing by the Sedgwick County Board of County Commissioners.   

 

 (6) It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any person, group of persons, or any animal, or from or in the direction of any  car, vehicle, motorcycle, or other means of transportation.           

 

(7) The discharge, explosion or use of Display Fireworks (1.3G) shall not be allowed, at any time, unless the individual causing such discharge, explosion or use is a properly licensed and permitted pyrotechnic operator.

 

(8) Nothing in Section 3350, and its sub-parts, shall apply to the prohibitions of Section 3304.4.1 and its sub-parts; Sections 3309.1; Section 3320.1; and Section 3330 and it sub-parts, regarding Display Fireworks (1.3G).                 

 

 

SECTION 3360, PENALTIES AND FINES, is hereby created, and shall read as follows:   

 

3360.1 Penalty/fines. Each and every violation of Sections 3301.1.3 through 3350.1 shall be a Class H violation, as defined by Section 8-5 of the Sedgwick County Code.