At a regular session of the County Commission of Cabell County, West Virginia, held at the Courthouse thereof, on the 15th day of July, 1997, the following Order was made and entered:
_________GARY L. BUNN____________________, ______PRESIDENT__________,
WHEREAS, it has come
to the attention of the Cabell County
Commission (the “Commission”) that
the sale, possession or
discharge of fireworks within the
boundaries of Cabell County,
excluding municipalities who have
already adopted similar
ordinances is occurring; and,
WHEREAS, the potential
for a disaster concerning the sale,
possession and discharge of
fireworks is great if said sale,
possession and discharge is not
restricted; and,
WHEREAS, the
Commission finds that it is in the best interests
of Cabell County to enact an ordinance
concerning the sale,
possession and discharge of
fireworks.
NOW, THEREFORE, BE IT ORDAINED
by the Commission
as follows:
(a) “Fireworks” means any combustible or
explosive composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration or detonation, and shall include blank
cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of unmanned balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, caygo bombs,
sparklers or other fireworks of like construction and any fireworks containing
any explosive or flammable compound, or any tablets or other device containing
any explosive substance, except that the term “fireworks” shall not include
model rockets and model rocket engines, designed, sold and used for the
purposes of propelling recoverable acro models and shall not include toy pistol,
toy canes, toy guns, or other devices in which paper or plastic caps
manufactured in accordance with the United States Department of Transportation
Regulations for packing and shipping of toy paper or plastic caps are used and
toy paper of plastic caps manufactured as provided therein, the sale and use of
which shall be permitted at all times.
Each package containing toy paper or plastic caps offered for retail
sale shall be labeled to indicate the maximum explosive content per cap.
(b) Except as hereinafter provided, no
person, firm, co-partnership or corporation shall offer for sale, possess,
expose for sale, sell at retail, keep with intent to sell at retail, or use or
explode any fireworks; provided permits for the supervised display of fireworks
may be granted upon application to the State Fire Marshal and after approval of
the Fire Chief and the filing of a bond by the applicant as provided
hereinafter. Every such display shall
be handled by a competent operator licensed or certified as to competency by
the State Fire Marshal and shall be of such composition, character, and so
located, discharges or fired as in the opinion of the Fire Chief, after proper
inspection, shall not be hazardous to property or endanger any person or
persons. After such privilege shall
have been granted, the sale, possession, use and distribution of fireworks for
such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
The Commission shall require a bond
from the licensee in the sum of not less than One Thousand Dollars ($1,000.00),
conditioned upon compliance with the provisions of this section and West
Virginia Code Article 29-3 and the regulations of the State Fire Commission.
Before any permit for a pyrotechnic
display shall be issued, the person, firm or corporation making application
therefor 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, firm or corporation of any agent or employee
therefore, in such amount, character and form as the State Fire Marshal
determines to be necessary for the protection of the public.
(c) The regulations contained within
this Sub-Section are hereby ADOPTED with respect to the display
of Class C fireworks and novelties, as defined in West Virginia Code Section
29-3-23, being sold inside new mercantile occupancies. As used in this Sub-Section, “mercantile
occupancies” shall include, but not be limited to, the following:
(1) Stores,
markets and other rooms, buildings or structures for the display and sale of
merchandise; and
(2) New
buildings or portions thereof used as mercantile occupancies; and
(3) Additions
made to, or used as, mercantile occupancies; and
(4) Alterations,
modernization, repairs or renovations of existing mercantile occupancies; and
(5) Existing
buildings or portions thereof upon change of occupancy to mercantile
occupancies.
Display for Class C fireworks and
novelties being sold inside of a mercantile occupancy shall be displayed in a
glass or other transparent and fireproof or fire resistant showcase which shall
be locked at all times.
The
sale of such fireworks and novelties shall be under the direct supervision and
control of a competent person at least twenty-one (21) years of age and duly
qualified and responsible for enforcing all safety regulations, standards and
measures.
Smoking,
matches, open flames and any and all other spark-producing devices and
firearms, except those firearms within the legal possession of duly authorized
law enforcement officials, shall not be permitted within twenty-five (25) feet
of a showcase. Signs shall be posted in
conspicuous places in, on and around all indoor displays with the words
“FIREWORKS – NO SMOKING” in letters of not less than four (4) inches in
height. Not less than two (2) exits
shall be maintained upon the premises and shall remain unobstructed at all
times with no exceptions.
Extinguishing
equipment shall be kept and maintained upon the premises and shall include, but
not be limited to, a sprinkler system installed in accordance with N.F.P.A.
standard 13 of the National Fire Code, and a ten (1) pound A.B.C. fire
extinguisher shall be kept and maintained a distance of not more than six (6)
feet from each showcase.
Emergency
lighting and illuminated exit signs shall be installed and maintained upon the
premises.
All
electrical fixtures contained upon the premises shall be dust-ignition
proof. All electrical wiring shall
comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A.
Standard 70 of the National Fire Code.
Electrical receptacles or unguarded light fixtures shall not be
permitted within twenty-five (25) feet of any fireworks or pyrotechnic
composition. Light fixtures located
within twenty-five (25) feet of any fireworks or novelties shall be properly
secured. Electrical disconnect devices
shall be located outside each storage area and shall be arranged and engineered
to de-energize all electrical power to the building, room, trailer,
semi-trailer, mobile facility or other structure constituting a new mercantile
occupancy.
(d) The
regulations contained within this Sub-Section are hereby
ADOPTED with respect to the display of Class C fireworks and novelties being
sold inside inside existing buildings and structures.
Display for Class C fireworks and
novelties being sold inside of an existing building or structure shall be
displayed in a glass or transparent showcase which shall be locked at all
times.
The sale of
such fireworks and novelties shall be under the direct supervision
and control of a competent person at
least twenty-one (21) years of age and duly qualified and responsible for
enforcing all safety regulations, standards and measures.
Smoking,
matches, open flames and any and all other spark-producing devices and firearms
shall not be permitted within twenty-five (25) feet of a showcase. Signs shall be posted in conspicuous places
in on and around all indoor displays with the words “FIREWORKS – NO SMOKING” in
letters of not less than four (4) inches in height. No less than two (2) exits shall be maintained upon the premises
and shall remain unobstructed at all times with no exceptions.
Extinguishing
equipment shall be kept and maintained upon the premises and shall include, but
not be limited to, a ten (1) pound A.B.C. fire extinguisher to be kept and
maintained a distance of not more than six (6) feet from each showcase.
Emergency
lighting and illuminated exit signs shall be kept and maintained upon the
premises.
All
electrical fixtures contained upon the premises shall be dust-ignition
proof. All electrical wiring shall
comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A.
Standard 70 of the National Fire Code.
Electrical receptacles or unguarded light fixtures shall not be
permitted within twenty-five (25) feet of any fireworks or pyrotechnic
composition. Light fixtures located
within twenty-five (25) feet of any fireworks or novelties shall be properly
secured. Electrical disconnect devices
shall be located outside each storage area and shall be arranged and engineered
to de-energize all electrical power to the existing building, room, trailer, semi-trailer,
mobile facility or other structure.
(e) The
regulations contained within this Sub-Section are hereby ADOPTED with
respect to the display of Class C fireworks and novelties being sold outdoors.
No
class C fireworks or novelties shall be offered for sale within three hundred
(300) feet of the property line of any church, hospital or school, or shall be
offered for sale within fifty (50) feet of the property line upon which any
flammable liquid dispensers or flammable liquid storage areas are located.
Any
vendor offering such fireworks or novelties for sale shall maintain his or her
property free of all weeds, dried grass and other combustible materials for a
distance of not less than twenty-five (25) feet in any direction from the outer
edge of any building or structure within which such items are offered for sale.
Every
outdoor display shall be located not less than twenty-five (25) feet from all
rights-of-way including, but not limited to, highways, streets, avenues, roads,
plazas, alleys, curbs, ways, lots, lanes, sidewalks or any other building or
structure located on the same property.
Every
outdoor display shall be presented in the form of empty boxes or containers
bearing the brand name of the Class C fireworks and novelties being displayed
for sale and shall be situated on a table or in a booth. All samples of Class C fireworks and
novelties displayed for sale shall be kept in a locked glass and transparent
showcase.
The
sale of such fireworks and novelties shall be under the direct supervision and
control of a competent person at least twenty-one (21) years of age and duly
qualified and responsible for enforcing all safety regulations, standards and
measures.
Fireworks
or other unauthorized open flames are prohibited in any tent or other temporary
membrane structure.
Smoking,
matches, open flames and any and all other spark-producing devices and
firearms, except those firearms within the legal possession of duly authorized
law enforcement officials, shall not be permitted inside any outdoor display or
within twenty-five (25) feet thereof.
Signs shall be posted in conspicuous places in, on and around all
outdoor displays with the words “FIREWORKS – NO SMOKING” in letters of not less
than four (4) inches in height. A ten
(10) pound A.B.C. fire extinguisher shall be kept and maintained no less than a
distance of six (6) feet from the outdoor display.
(f)
The regulations contained within this Sub-Section are hereby ADOPTED with
respect to the storage of Class C fireworks and novelties.
Class C fireworks and novelties
shall be stored and maintained in a building or a room located inside a
building, trailer, semi-trailer or other mobile facility. Such building, trailer, semi-trailer or
other mobile facility shall be constructed in such a manner so as to resist fire
from any external or internal source, and shall be weather-resistant and
theft-resistant in accordance with the standards governing a two (2) hours fire
rating. All openings shall be equipped
with appropriate means for locking. All
doors shall open outward. All exits
shall be clearly marked. All aisles and
exit doors shall be kept and maintained unobstructed at all times with no
exceptions.
All electrical fixtures contained
upon the premises shall be dust-ignition proof. All electrical wiring shall comply with Articles 500 and 502 of
the National Electrical Code and N.F.P.A. Standard 70 9of the National Fire
Code. Electrical receptacles or
unguarded light fixtures shall not be permitted within twenty-five (25) feet of
any fireworks or pyrotechnic composition.
Light fixtures located within twenty-five (25) of any fireworks or
novelties shall be property secured.
Electrical disconnect devices shall be located outside each storage area
and shall be arranged and engineered to de-energize all electrical power to the
building, room, trailer, semi-trailer, or mobile facility.
All storage areas shall be under the
direct supervision and control of a competent person at least twenty-one (21)
years of age and duly qualified and responsible for enforcing all safety
regulations, standards and measures.
All doors in such storage areas shall be kept locked at all times.
Class C fireworks and novelties
shall be stored in their original packages in unopened containers, cases and
cartons. All containers shall be
organized and placed neatly and in a stable and properly secure manner.
All tools used for opening
containers, cases and cartons shall be spark-proof.
All storage areas shall be kept and
maintained in a clean and dry manner, fee and clear of all grit, paper, empty
used packages, boxes, containers, cases, cartons and all other garbage, rubbish
and litter.
All garbage, rubbish and solid waste
from storage areas shall be disposed of properly.
All fireworks of any kind, type or
nature shall be removed from the interior of the storage area prior to the
performance of any repairs to be made thereto.
In addition, such interior shall be cleaned prior to the making of any
such repairs.
All fireworks of any kind, type or
nature shall be removed from the exterior of the storage area prior to the
performance of any repairs to be made thereto.
In addition, such exterior shall be cleaned of all dead vegetation,
garbage, rubbish and other solid waster prior to the making of any such
repairs.
Smoking, matches, open flames and
any and all other spark-producing devices and firearms, except those firearms
within the legal possession of duly authorized law enforcement officials, shall
not be permitted inside of any storage area or within twenty-five (25) feet
thereof. Signs shall be posed in
conspicuous places in, on and around all outdoor displays with the words
“FIREWORKS – NO SMOKING” in letters or not less than four (4) inches in
heights. A ten (10) pound A.B.C. fire
extinguisher shall be kept and maintained not less than a distance of six (6)
feet from all storage areas.
(g) As
used in this Article, the term “novelties”, as defined in West Virginia Code
§29-3-23 and in N.F.P.A. Standard 1123 of the National Fire Code, shall mean
any device containing small amounts of pyrotechnic or explosive composition or
both, but not described as consumer fireworks, and which produce limited
visible or audible effects.
(h) As used in this Article, the term
“Class C fireworks”, as defined in N.F.P.A. Standard 112 of the National Fire
Code, shall mean any small fireworks device
designed primarily to produce visible
effects by combustion or deflagration that complies with the construction,
chemical composition, and labeling regulations of the United States Consumer
Product Safety Commission.
(i) Whoever
violates any of the provisions of this Section shall be fined not more than
Five Hundred Dollars ($500.00), or imprisoned not more than thirty (30) days,
or both. Each violation of the
provisions of this Section shall constitute a separate offense.
(j) The
provisions of this Section shall be enforced by the Fire Marshal and/or the
Cabell County Sheriff, or their designee, by warrant or citation in the
Magistrate Court.
The
adoption of the foregoing resolution having been moved by:
____Earl
J. Blankenship,
Commissioner,_________ and duly
adopted by _________Evelyn E. Richards, _______Commissioner,_______,
the vote
thereon was as follows:
Gary
L. Bunn, President _aye_
Evelyn
E. Richards, Commissioner _aye_
Earl
“JR” Blankenship, Commissioner _aye_
Whereupon,
Gary L. Bunn, President, declared said resolution duly adopted, and it is
therefore, ADJUDGED and ORDERED that said
resolution be and the same is hereby adopted.
________________________________
Gary L.
Bunn, President
________________________________
Evelyn
Richards, Commissioner
________________________________
Earl “JR”
Blankenship, Commissioner