§ 545.10. Sale and storage of fireworks.
(a)
The regulations contained within this subsection are hereby adopted with respect to the display of fireworks, sparklers and novelties, as defined in W. Va. Code, § 29-3-23, being sold inside mercantile occupancies.
(1)
As used in this subsection, "mercantile occupancies" shall include, but not be limited to, the following:
a.
Stores, markets and other rooms, buildings or structures for the display and/or sale of merchandise;
b.
New buildings or portions thereof used as mercantile occupancies;
c.
Additions made to, or used as mercantile occupancies;
d.
Alterations, modernizations, repairs or renovations of existing mercantile occupancies; and
e.
Existing buildings or portions thereof upon change of occupancy to mercantile occupancies.
(2)
Display for fireworks, sparklers and novelties being sold inside a mercantile occupancy shall be in a glass or transparent showcase which shall be locked at all times.
(3)
The sale of such fireworks, sparklers and novelties shall be under the direct supervision and control of a competent person at least 18 years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures.
(4)
Smoking, matches, open flames and any and all other spark-producing devices shall not be permitted within 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 inches in height. Not less than two exits shall be maintained upon premises and shall remain unobstructed at all times with no exceptions.
(5)
Extinguishing equipment shall be kept and maintained upon the premises and shall include, but not be limited to a ten-pound ABC fire extinguisher kept and maintained a distance of not more than six feet from each showcase.
(6)
Emergency lighting and illuminated EXIT signs shall be installed and maintained upon the premises.
(b)
The regulations contained within this subsection are hereby adopted with respect to the display of fireworks, sparklers and novelties being sold outdoors.
(1)
No fireworks, sparklers or novelties shall be offered for sale within 300 feet of the property line of any church, hospital, nursing home or school, or be offered for sale within 50 feet of the property line upon which any flammable liquid dispensers or flammable liquid storage areas are located.
(2)
Any vendor offering such fireworks, sparklers or novelties for sale shall maintain his property free of all weeds, dried grass and other combustible material for a distance of not less than 25 feet, in any direction from the outer edge of any building or structure within which such items are offered for sale.
(3)
Every outdoor display shall be located not less than 25 feet from all rights-of-way including, but not limited to, highways, streets, avenues, roads, plazas, alleys, curbs, ways, lanes, sidewalks or any other building or structure located on the same property.
(4)
Every outdoor display shall be presented in the form of empty boxes, cartons or containers bearing the brand name of the fireworks, sparklers and novelties being displayed for sale and may be situated on a table or in a booth. All samples of fireworks, sparklers and novelties displayed for sale shall be kept in a locked glass or transparent showcase.
(5)
The sale of such fireworks, sparklers and novelties shall be under the direct supervision and control of a competent person at least 18 years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures.
(6)
Fireworks, sparklers and novelties being offered for sale are prohibited in any tent or temporary membrane structure.
(7)
Smoking, matches, open flames and any and all other spark-producing devices shall not be permitted within any outdoor display or within 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 inches in height. A ten-pound ABC fire extinguisher shall be kept and maintained not less than a distance of six feet from the outdoor display.
(c)
The regulations contained within this subsection are hereby adopted with respect to the storage of fireworks, sparklers and novelties.
(1)
Fireworks, sparklers and novelties shall be stored and maintained in a building or a room located inside a building, trailer, semitrailer or other mobile facility. Such storage area shall be constructed in such a manner so as to resist fire from external or internal sources, and shall be weather resistant and theft resistant. All openings shall be equipped with an 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.
(2)
All storage areas shall be under the supervision and control of a competent person at least 18 years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures. All doors to such storage areas shall be kept locked at all times.
(3)
Fireworks, sparklers 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.
(4)
All tools used for opening containers, cases and cartons shall be spark-proof.
(5)
All storage areas shall be kept and maintained in a clean and dry manner, free and clear of all grit, paper, empty packaging, boxes, containers, cases, cartons and all other garbage, rubbish and litter.
(6)
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.
(7)
Smoking, matches, open flames and any and all other spark-producing devices and firearms, except those firearms in the possession of duly authorized law enforcement officials, shall not be permitted inside of any storage area or within 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 inches in height. A ten-pound ABC fire extinguisher shall be kept and maintained not less than a distance of six feet from all storage areas.
(d)
As used in this section, "novelties" as defined in W. Va. Code, § 29-3-23, and in NFPA Standard 1123 of the National Fire Codes, means any device containing small amounts of pyrotechnic or explosive composting, or both, but not described as consumer fireworks, and which produces limited or audible effects.
(e)
As used in this section, "fireworks" as defined in NFPA Standard 1123 of the National Fire Codes, means any small fireworks device designed to produce visible effects by combustion or deflagration that complies with the construction, chemical composition and label regulations of the United States Consumer Product Safety Commission.
(f)
Whoever violates any of the provisions of this section shall be fined not more than $500.00 or imprisoned not more than 30 days, or both. Each violation of the provisions of this section shall constitute a separate offense.
(g)
The provisions of this section shall be enforced by the City Fire Marshal, or his designee, by warrant or citation in the Municipal Court of the City.
(h)
Fireworks are not permitted on City property for any purpose without written consent from the Mayor.
(Code 1991, § 545.10; Ord. of 12-1-1997; Ord. of 12-7-2015(3))