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HomeMy WebLinkAbout05/15/2017Council Work Session May 15, 2017 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 3:55 p.m. Discussion of changes to State of Iowa fireworks laws. Submitted By: Pat Treloar, Chief of Fire Services ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Discussion of changes to State of Iowa fireworks laws. City Council Meeting: 5/15/2017 Prepared: 5/10/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Felchle, Kelley Approved 5/10/2017 - 3:41 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Discussion of changes to State of Iowa fireworks laws. Submitted By: Pat Treloar, Chief of F ire Services o • Fireworks New Consumer Legislation in Iowa SF489 Signed in to law on May 9, 2017 Senate File 4g9 o Act relating to the possession, sale, transfer, purchase, and use of fireworks o Establishes a consumer fireworks seller license to be issued by the State Fire Marshal's Office o Fees associated are between $500-$1.,000 o Licensing money to the State o State License mandatory to sell fireworks SF 489 Cont. Licensed retailer or community groups authorized to sell fireworks from "permanent" structures: June 1 through July 8 December 1 through January 3 "Temporary" structure: June 13 through July 8 SF 489 Cont. Dates and Times Senate File 489, p.9 4. Limitations A person shall not use or explode consumer fireworks on days other than June 1 through July 8 and December 10 through January 3 of each year, all dates inclusive. b. A person shall not use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m. , except that on the following dates consumer fireworks shall not be used at times other than between the hours specified: 1) Between the hours of 9:00 a.m. and 11:00 p.m. on July 4 and the Saturdays and Sundays immediately preceding and following July 4. 2', Between the hours of 9:00 a.m. on December 31st and 12:30 a.m. on the immediately following day. 3) Between the hours of 9:00 a.m. on and 11:00 p.m. on the Saturdays and Sundays immediately preceding and following December 31St. SF 489 Cont. o What is allowed? o Consumer fireworks includes first class and second class consumer fireworks 1St Class: Aerial shell kits and reloadable tubes, chasers, helicopters and aerial spinners, firecrackers, mine and shell devices, missile -type rockets, Roman candles, sky rockets and bottle rockets SF 489 Cont. 0 2nd Class: Cone fountains, cylindrical fountains, flitter sparklers, ground and hand- held sparkling devices, ground spinners, illuminating torches, and toy smoke devices *Display fireworks (think "My Waterloo Days") are not covered under this legislation although no limits appear to have been placed on aerial shells and/or missile -type rockets SF 489 Cont. e, Senate file 489 states: "A City Council may by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties..." There is currently no mention of the ability to restrict the sale of fireworks. Current Practice o Only "Display Fireworks" have been allowed within the City of Waterloo o Permission is obtained via a permit process O Allows multiple City agencies to provide input and coordination before the event (police department/fire rescue/ city council). o Verifies the licensing, experience, education and insurance status of the shooter(s) O Guidelines and shoot site inspections are provided to help ensure safety for public, shooter(s), and property owners Challenges o Lack of guidance from State Fire Marshal's Office as to how they plan to issue licenses o Lack of local permit for retailers of fireworks to verify compliance with local codes/safety standards d Lack of resources/reallocation of resources for additional enforcement activities d Permanent Vs. Temporary retailers O Compressed timeline for implementation o No state background checks before issuing permit c Implemented "emergency rule" to quickly implement adminstraitve. Challenges Cont. SFM Division Fire Works Law Update, Monday May 7, 2017 We have determined each individual retail site will be required to acquire a retail seller license issued by the SFM. Each fireworks retail site will also be required to pass an on-site inspection before the SFM will issue a license. If the local jurisdiction prefers to do their own site inspections, you will have access to the required site inspection form located on the ImageTrend License Management System. You may develop and use your own site inspection forms; however, you are required at a minimum to use the ImageTrend Inspection Form. Submittal of a successful ImageTrend site inspection form will trigger approval for the SFM to issue a license. Challenges Cont. Correspondence from the State Fire Marshal dated May 11, 2017: "The 2006 version of NFPA 1124 references the 1995 version of NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents and Membrane Structures. On page 14 of NFPA 102 Section 9-2.5 Fireworks or unauthorized open flames shall be prohibited in any tent or temporary membrane structure. We are currently working on this and it is under consideration. I should be able to report more information either tomorrow or the first part of next week." I spoke with the State Fire Marshal today and he is confident that the AG and he is confident. It is mentioned A Impacts to Increased calls for service( fire, ems, police) o Noise complaints o Pet owners o PTSD sufferers, elderly, seizure disorders o Lasting impacts of injuries (Disproportionately affect males, under 15 years of age, injuries often to hands, fingers, face) Most Injured Body Parts More than SO% of the injuries were burns. Current City Ordinance 7-8-5: Use of Weapons, Fireworks: A. : Weapons, Explosives, Fireworks, Etc.: No person shall use or carry any firearms, air or pellet guns, explosives, weapons, firecrackers or fireworks of any character in any public park except as otherwise provided by this code. ' Option 1 Recognize the legislation as is Use of fireworks would be authorized as in the bill (no restrictions on type of fireworks, dates, or times for use) 6 Sales would be authorized as outlined in bill Option 2 (Local Modifications) a Recognize the new legislation with some modifications a By ordinance reduce the days and/or times that consumer fireworks shall be used June 30th thru July 4th. July 4th weekend. 6 By ordinance look at restricting the types of consumer fireworks that maybe used within the City of Waterloo (i.e. no aerial devices) 6 Sales would be authorized as outlined in law Option 3 o Recognize the new legislation, however, keep the current status of only permitted shoots by professionals (may require updating current ordinance?) 6 No use of consumer fireworks a Sales would be authorized as outlined in law Conclusion Incorporate and adopt by reference to new state law. O Modification of existing city ordinances that reference fireworks. O These modifications will be minor. They will need to reference the new state law. o Will need to involve Planning/Zoning/Clerk/PD/Fire/Code Enforcement. O Might be a work in progress this first go around.