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HomeMy WebLinkAbout03-020ORDINANCE NO. 03-020 AN ORblI~ANCE AMENDIN6 CHAPTER 1-7.9, FIRE PROTECTIO'q, OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS BY CREAT~N6 A N~ AR~CLE II TO BE EN~TLED I:~R~ORKS; PROVZD~N6 FOR CONF~NG PROVISIOh 5; PROVIbIN~ FOR 5EVERABI~; PRO~DIN6 FOR APP~CABI~; PROVIDIN6 FOR FINN6 WITH THE DEPARTMENT OF STATE; PROVIDIN6 AN EFFE~VE DATE; PROVIDIN~ FOR ADOP~ON AND PROVIDIN6 FOR CODIFICA~ON WHEREAS, the Bocrd of County Commissioners of St. Lucie County is authorized by Chapter 125, Florida Statutes, to adopt ordinances for the purpose of fire protection; and, WHEREAS, the 5-. Lucie Fire District ("Fire District") is responsible for fire prevention (~nd protection n St. Lucie County; and, WHEREAS, the Fire District, on February 19, 2003, adopted Resolution No. 408-03 requesting the Board of County Commissioners of St. Lucie to adopt an ordinance establishing standards and regulations concerning the sale and use of consumer fireworks, (the Resolution is attached hereto and incorporated herein by reference;) and, WHEREAS, the Board has determined that it is necessary to amend Chapter 1-7.9, Fire Protection and Compiled Laws of St. Lucie County to create Article II Fireworks. NOW THEREFORE. BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, that PART A, CREATION OF ARTICLE II. FIREWORKS OF CHAPTER 1-7.9. "FIRE PROTECTION". OF THE ST. LUCIE COUNTY CODE OF ORDTNANCE5 AND CON~PZLED LAWS Struck through words are deleted; uncerlined words are added. Chapter 1-7.9 of the Code of Ordinances of St. Lucia County, Florida, is hereby amended by creating a new Article TI ":IREWORKS", which article shall read as follows: ARTICLE TT. FIREWORKS Section 1-7.9-18. Definitions. (A) "Board" mears St. Lucia County Board of County Commissioners. (B~ "Building" shall mean a permanent structure containing no fewer than four (4~ outer walls and a roof enclosing said walls, constructed in accordance with the local building code and a duly issued builc lng permit and for which occupancy is authorized by a duly issued certificate of occupancy. :or purposes of this section, the term building shall also include a part of the structure, such as a unit or space within a shopping center. (C~ "Commercial Structure or Building" shall mean a building constructed and used for the purpose of producin9 income. For purposes of this section, the term commercial building shall not include a building designed, constructed and used in accordance with the laws for residential occupancy. (D~ "Fireworks" ~eans and includes any combustible or explosive composition or substance or combination of substances or. except as hereinafter provided, any article prepared for the purpose of producing deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used. the type of balloons which require fire underneath to propel them. firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. Struck throagh words are deleted; underlined words are added. 2 (E) "Fireworks" does not include sparklers approved by the Division of .State Fire Marshal of the Departmen- of Insurance pursuant to section 79t.Ot3. Florida Statutes; toy pistols, toy canes, toy guts or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used. providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snc~<e or glow worm. which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and thct does not contain mercuric thiocyanate. 2. A smoke device, which is o tube or sphere containing not more than ten (10) grams of pyrotechnic :omposition that. upon burning, produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a_. A party popper, which is o small plastic or paper devise containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. Struck flu~ough words are deleted; uncerlined words are added. 3 b_. A booby trap. which is a smell tube with e string protruding from both ends containing not more thnn sixteen ¢16) milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small, paper-wrapped device containing not more then four (4) milligra~ s of explosive composition coated on small bits of sand. and which. when dropped, explodes, producing e small report. A snapper may not contain more then two hundred fifty (250) milligrams of total send end explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more then sixteen '16) milligrams of explosive or pyrotechnic composition end which. upon ignition, produces n small report or shower of sparks. e_. A cigarette load. which is e small wooden peg that has been coated with not more than sixteen (16) milligrams of explosive composition end which produces, upon ignition of a cigarette containing one of the pegs. e smell report. f. An auto burglar alarm, which is a tube which contains not more than ten (10) grams of pyrotechnic composition that produces e loud whistle or smoke when ignited end which is ignited by use of n squib. A small quantity of explosive, not exceeding fifty (50) milligrams, may also be used to produce e smell report. ~ ~NFPA" meers the National Fire Protection Association. (G) ~Occupancy" means the purpose for which e building or portion thereof is used or intended to be used. Stiuek thl~ugh words are deleted; underlined words are added. 4 (H) ~Retailer" means any person who at a fixed place of business is engaged in selling sparklers to consumer at retail. (Z) "Seasonal Retailer" means any person engaged in the business of selling sparklers at retail in St. Lucia County from ~Tune 20 through ~Tuly § and from December 10 through ~Tanuary 2 of each year. (~T) 'Sparkler" means any device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handhold or ground based, cannot propel itself through the air. and contains not more than 100 grams of the chemical compound which Froduces sparks upon burning. Any sparkler that is not approved by the division or State Fire Marshal is classified as fireworks. (K) ~Wholesoler' means any person engaged in the business of selling sparklers to a retailer. Section 1-7.9-19. Manufacture. Sale and use of fireworks. (A) The manufacture of fireworks in St. Lucia County is prohibited. Except o~ herein provided, it shall be unlawful to sell any fireworks in St. Lucia County. It shall be unlawful for any person to possess, use or explode any fireworks at any public assembly in St. Lucia County. unless such use is approved and authorized by the St. Lucie County Fire bistrict. Struck through words are deleted; uncerlined words are added. 5 (D) A registered wholesaler, properly licensed and registered with the .State Fire Marshal and .St. Lucia Coun-y at the time of sole. may sell fireworks c~ provided in State Low and as further provided herein. (E) The authorized sole of fireworks may only be mode on commercial or industrially zoned lends and only from a permanent commercial building. Such building shall be protected with automatic fire sprinklers and fire alarms in accordance with the appropriate NFPA standarcs for such occupancy hazard. Tt shall be unlawful to sell fireworks from tents, open air stands or under a canopy. PART B. CONFLTCI-Z qG PROVISTON$. Special acts of the Florida Legislature applicable only to unincorporated area of Lucia County ordinances and County resolution, or parts thereof, in conflict with this ordinance are hereby superceded by this ordinance to the extent of such conflict. PART C. SEVERABIL-~ ~ Y Tf any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. Tf this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART b. APPLZCABIITTV OF ORDINANCE This ordinance shal be applicable throughout St. Lucia County. St-euck tluoagh words are deleted; uncerlined words are added. 6 PART E. FII,ZNG WI-H DEPARTMENT OF STATE The Clerk be and Fereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, 40! South Monroe 5treat, Elliott Building, Ta lahassee, Florida 32399-0250. PART F. EFFECTJ:VE )ATE. This ordinance shall take effect on .Tuly 10, 2003 or as soon thereafter upon filing with the Department of State. PART G. A DOP3-J:ON After motion and second, the vote on this ordinance was os follows: Chairman Cliff Barnes AYE Vice Chairman Paula Lewis Commissioner .Tohn b. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward PART H. CODTFTCATZON AYE NAY NAY AYE Provisions of this ordinance shall be incorporated in the St. Lucia County Code and Compiled Laws, and the wcrd "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; 3rovided, however, that parts B to H shall not be codified. PASSED AND DULY ADOPTED this day of ,2003. 5tiuek though words are deleted; underlined words are added. 7 ATTEST: ~ ~C{~. I~i ,.,~o w~." Deputy Clerk SO,~RD OF COUNTY COMMZSs, zONER~ ,.ST. LUC]:E COUNTY, FLOR.T, DA APPROVED-~A$ TO FORM AND CORRECTNESS: G:~ATYY~ORDNANCE~2003\03-20.wpd Struck tlu *ugh words are deleted; underlined words are added. 8