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Legislation #: 160349 Introduction Date: 5/5/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending the Fire Prevention and Protection Code, Chapter 26 of the Code of Ordinances, by repealing certain sections and enacting new sections concerning the issuance of permits for public displays of fireworks and the liability insurance requirements for fire performance art and the public display of fireworks.

Legislation History
DateMinutesDescription
5/3/2016 Filed by the Clerk's office
5/5/2016 Referred to Neighborhoods and Public Safety Committee
5/18/2016 Do Pass
5/19/2016 Assigned to Third Read Calendar
5/26/2016 Passed

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160349.pdf Authenticated 179K Authenticated
160349 chp. 26 compared version.pdf Compared Version 233K 160349 compared version w/final
Fact Sheet 160349.pdf Fact Sheet 170K 160349 Firework Fact Sheet
160349com.docx Compared Version 23K compared version

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ORDINANCE NO. 160349

 

Amending the Fire Prevention and Protection Code, Chapter 26 of the Code of Ordinances, by repealing certain sections and enacting new sections concerning the issuance of permits for public displays of fireworks and the liability insurance requirements for fire performance art and the public display of fireworks.

 

WHEREAS, the Fire Prevention and Protection Code, Chapter 26 of the Code of Ordinances, requires the filing of an application and the issuance of a permit by the City before an individual or organization may conduct a public exhibition or display of fireworks in the city; and

 

WHEREAS, the Fire Prevention and Protection Code now directs the Fire Chief to make an investigation of the site of the proposed display and the qualifications of the person in charge of the discharge of the fireworks before a permit will be issued, but authorizes the Director of Finance to receive the application and issue the permit for the fireworks display; and

WHEREAS, it would be more efficient to consolidate these functions in the same department by having the Fire Chief accept the filed applications and issue the permits for fireworks displays; and

 

WHEREAS, the existing liability insurance amounts required for fire performance art and the public display of fireworks are inadequate and need to be increased; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 26, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 26-319.10, 26-5608.2, 26-5608.2.3, 26-5608.12, and 26-5608.15, and by enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 26-319.10. Bond or insurance policy required; Amount.

 

Before an operational permit shall be issued for a fire performance art, the applicant shall have on file with the fire chief a certificate of insurance or copy thereof, with a company acceptable to and approved by the city’s corporate safety and risk manager, stating that the applicant has in effect liability insurance in the amount acceptable to the corporate safety and risk manager, but not less than $1,000,000.00 combined single limit for bodily injury and property damage for outdoor performances and not less than $5,000,000.00 combined single limit for bodily injury and property damage for indoor performances. In addition, the certificate of insurance shall state that the City of Kansas City is an additional insured and that a mandatory ten-day notice of material change or cancellation shall be given to the city. The certificate of insurance shall evidence coverage afforded for any and all fire performance art events which are presented by or for the named insured (applicant) during the period.

Sec. 26-5608.2. Permit; Application.

(a)    To obtain a permit for a public exhibition or display of fireworks the applicant shall file with the fire chief a written application, in triplicate, duly subscribed and sworn by the applicant.

(b) Contents. Such application shall set forth the following:

(1)               The name of the association, organization or corporation sponsoring the display, together with the names of the persons to be in charge of the firing or discharging of the display.

(2)               The date and time of day at which the display is to be held.

(3)               The exact location planned for the display.

(4)               A description setting forth the age, experience, Missouri license, address of their residence or place of business, and physical characteristics of the persons who are actually firing and discharging the fireworks. 

(5)               The number, type and kind of fireworks to be discharged.

(6)               The manner and place of the storage of such fireworks between the date of purchase and date of display.

(7)               A diagram or sketch of the ground on which the display is to be held, showing the point at which the fireworks are to be discharged, the location of all buildings, streets and other lines of communication, the lines behind which the public may be restrained, and the location to all nearby trees, telegraph and telephone lines or other overhead obstructions.

Sec. 26-5608.2.3. Display; Permits for public display by pyrotechnic expert

generally.

 

Fireworks may be sold for use by Missouri licensed pyrotechnic experts experienced in public exhibition or display of fireworks, provided the person desiring to purchase such articles of fireworks shall exhibit to and file with the seller a permit, or a copy thereof, issued by the fire chief.

 

Sec. 26-5608.12. Investigation and approval by Director of Fire Department; Fee.

An application for permit for public exhibition for fireworks shall be filed with the fire chief, at least ten days before the date set for display. The fire chief shall make or cause to be made an investigation of the site of the proposed display and investigate the competence and skill of the person to be in charge of the firing and discharge of the fireworks. If satisfied that the display will be conducted lawfully and in accordance with this chapter, the chief shall approve the application for permit. No permit shall be issued unless approved in writing by the chief. The applicant for a permit shall at the time of filing the application pay the fire chief a fee of $200.00, which sum shall be refunded in the event the application for such permit is denied.

 

Sec. 26-5608.15. Bond or Insurance policy required; Amount.

 

Before a permit shall be issued for a public exhibition or display of fireworks, the applicant shall have on file with the fire chief a certification of insurance or copy thereof, with a company acceptable to and approved by the city’s corporate safety and risk manager, stating that the applicant has in effect liability insurance in the amount acceptable to the corporate safety and risk manager, but not less than $1,000,000.00 combined single limit for bodily injury and property damage for outdoor displays and not less than $5,000,000.00 combined single limit for bodily injury and property damage for indoor displays. In addition, the certificate of insurance shall state that the City of Kansas City is an additional insured and that a mandatory ten-day notice of material change or cancellation shall be given to the City. The certificate of insurance shall evidence coverage afforded for any and all displays which are presented by or for the named insured (applicant) during the period.

 

_____________________________

Approved as to form and legality:

 

______________________________

Alan Holtkamp

Assistant City Attorney