HomeMy WebLinkAboutP-0030 - Procedures for Approving Pyrotechnics Permits 01-18-1994
POLICY FOR INSERTION INTO THE POLICY MANUAL
MEETING DATE: January 18, 1994 NUMBER: P:0030
EFFECTIVE DATE: January 18, 1994 REVISIONS: _
POLICY: PROCEDURES FOR APPROVING PYROTECHNICS PERMITS
Pursuant to G.S. 14-413, commissioners in North Carolina counties
are empowered to authorize and issue permits for the use of
pyrotechnics in connection with "...shows of all descriptions ...
but only after satisfactory evidence is produced to the effect
that said pyrotechnics will be used for the aforementioned
purposes and none other." The pyrotechnics permit is issued only
after criteria set forth in the Standard Fire Prevention Code as
well as the criteria established by Board policy has been met.
The approval criteria which the Board has set includes the
following:
1. Letters from the public safety agencies covering the
event indicating that they will provide services for the event.
2. A site layout and qualifications of the operator.
3. Evidence of general liability insurance with a minimum of
$1,000,000 liability limit; the County to be listed as a named
insurer on the policy.
In order to document that the necessary assurances have been met,
the County requires that the following information be provided prior
to Board action:
1. A letter of request from the sponsoring agency, which
outlines the details of the event (who, what when, etc).
2. A letter from all Public Safety agencies who will be
involved in providing public safety to the event, indicating
adequate measures will be taken to ensure the safety of the public
in attendance.
3. Proof of the qualifications/licensing as may be
applicable, of the pyrotechnic company as well as the individual
actually "shooting" the show.
4. Certificates of insurance which include the County as a
named insured.. A minimum liability limit of $1,000,000 is required.
The County Attorney will provide information regarding various
liability issues.
The permit lists the criteria and provides signature lines for
persons responsible for ensuring that the criteria is met. It
should be noted that the absence of any signature on the permit
invalidates the permit. The Board has adopted as policy that the
criteria listed on the checklist must be completed to the satis-
faction of County staff in its entirety. If the checklist criteria
is met to staff satisfaction in its entirety, the application
for approval will be presented to the Board as an item for decision
on the Consent Agenda. Upon Board approval, the County Manager is
authorized to issue a pyrotechnics permit. If not done so, the
request for a permit must be presented to the Board as an item for
decision-Regular Agenda.
69.9
Towns of Chapel Hill and Carrboro and OWASA to develop system design and
operational codicils precluding any possibility that sewer service from thi~-
system would be available to any other users; and (6) direct staff to wo:
with the homeowners, the City of Durham, the Towns of Chapel Hill and Carrbor
and OWASA to develop a system ownership and operational proposals satisfactory
to the Board.
Commissioner Gordon asked that a certification be issued by the Health
Director stating that this failure constitutes an emergency situation.
Health Director Dan Reimer stated that the system is being operated
without a permit. The system could not be recertified.
Chair Carey said that all plans will come back to the Board for
a royal.
VOTE: UNANIMOUS ~, ~~' 9~
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B. PROCEDURES FOR APPROVING PYROTECHNICS PERMITS ~~ ~~ ~ ~/
John-Link presented policies and procedures by which pyrotechnics
permits are approved.
Commissioner Gordon clarified for the record that when the Board
of County Commissioners denies a permit, it does not mean that they cancel the
show. They do not cancel shows. .She stated that fireworks are against the
law in North Carolina because they are presumed unsafe and the issue is .public
safety and that is why the County Commissioners must approve these permits.
she questioned why the Board must approve these permits if the process is
completely an administrative matter.
Commissioner Willhoit feels that the Board should be able •t -"•
~rescribe conditions under which the staff may act.
The Board discussed the checklist and the procedure as recommended
in the agenda abstract and as stated below in the motion.
The Board decided they would ask for local legislation designating
the Dean Smith Center as a separate entity or authority whereby they can
approve these permits and also assume full liability.
Commissioner Gordon suggested increasing the $1,000,000 liability
that is required.
,_ Jeff Elliott, Director. of the Dean Smith Center, stated that he is
.also concerned with public safety. He supports the procedure as presented by
the County Manager and agreed to increase the amount of liability insurance.
He explained that pyrotechnics have been proven to be safe and invited the
Board members to a demonstration before their next concert.
A motion was made_by Chair Carey, seconded by Commissioner Halkiotis
to approve the checklist as presented in the agenda abstract and adopt as
policy that the criteria listed on the checklist must be completed to the
satisfaction of County staff in its entirety. If the checklist criteria is
met to staff satisfaction in its entirety, the application for Board approval
will be presented to the Board as an item for decision on the Consent Agenda.
Upan Board approval, the County Manager is authorized to issue a pyrotechnics
permit. If for whatever reason, the checklist criteria cannot be met in its
entirety to staff satisfaction, the request for a pyrotechnics permit will be
placed on the agenda under items for decision Regular Agenda. The manager
will bring a policy back to the Board for approval at a later meeting.
~TE: UNANIMOUS
C. PHASE I - SMART START IMPLEMENTATION
ORANGE COUNTY
BARD OF CO1111AISSIONERS
Action Agenda
Item No. =X-$
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 18, 1994
SUBJECT: PROCEDURES FOR APPROVING PYROTECHNICS PERMITS
DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING: YES: NO: R
ATTACHMENT(S): INFORMATION CONTACT:
Smith Center information PAM JONES, ext. 2650
Draft Orange County checklist
Draft Orange County permit form Telephone Number-
Hillsborough 732-8181
Chapel Hill 967-9251
Mebane 227-2031
Durham 688-7331
PURPOSE: To consider policies and procedures by which pyrotechnics permits are approved.
• BACKGROUND: Information relevant to the manner in which
pyrotechnics permits are now approved
is as follows:
Pursuant to G.S. 14-413, Commissioners in North Carolina Counties are empowered to authorize and
issue permits for the use of pyrotechnics in connection with "...shows of all descriptions...but only
after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the
aforementioned purposes and none other."
The pyrotechnic permit is issued only after criteria set forth in the Standard Fire Prevention Code
as well as the criteria established by Board policy has been met.
Specificalty, the Standard Fire Prevention Code req~res that events utilizing "Indoor Fireworks
Special Effects", compty with the following requirements:
1. That no fireworks as defined by this Code shall be discharged inside any building without
a permit (Section 2006.1.1).
2. That the Fire Official in the jurisdiction be responsible for certifying "that the operator for
which application has been made is capable of discharging such fireworks as described to the
satisfaction of the Fire Official", (Section 2006.1.2).
3. Permit is non-transferable to alternate locations or alternate operators. If the
circumstances upon which original approval was given change, the permit is then void, (Section
2006.1.3).
4. That no permit shall be issued until the show set up is approved by the Fire Official or his
designate prior to the first show, (Section 2006.1.4).
5. That no permit shall be issued unless the tacility in which the event is being held holds
• a current fire inspection, (Section 2006.1.5).
•
2
Outdoor fireworks are governed by similar criteria addressed elsewhere in the Standard Fire
Prevention Code.
The approval criteria which the Board has set includes the following:
1. Letters from the public safety agencies covering the event indicating that they will
provide service for the event.
2. A site layout and qualifications of the operator.
3. Evidence of general liability insurance with a minimum of $1,000,f)00 liability limit; the
County to be listed as a named insured on the policy. `
In order to document that the necessary assurances have been met, the County requires that the
following information be provided prior to Board action:
1. A letter of request from the sponsoring agency, which outlines the details of the event
(who, what, when, etc.).
2. A letter from all Public Safety agencies who will be involved in providing public safety
to the event, indicating adequate measures will be taken to ensure the safety of the Public in
attendance.
3. Proof of the qualifications/licensing as may be applicable, of the pyrotechnic company
as well as the individual actually "shooting" the show.
4. Certificates of insurance which include the County as a named insured. A minimum
liability limit of ~t,000,000 is required.
• The permit (see attached), lists the criteria and provides signature lines for persons responsible for
ensuring that the criteria is met. For example, the Purchasing Director would not sign off on the
permit until the insurance provision has been met The last person to sign and deliver the permit
to the sponsoring agency would be the County's EMS Director, who will coordinate the final
inspection of the setup with the local Fire Official. it should be noted that the absence of any
signature on the permit invalidates the permit.
The process executed by the University is outlined in the attached "Special Events Leasing Process"
and "Special Events Checklist".
The County Attorney will provide information regarding various liability issues.
RECOMMENDATION: In reviewing the steps pursued by the University, Law Enforcement, Fire Safety
and County Staff, Management is satisfied that appropriate steps have been identified and have been
pursued prior to the approval of the pyrotechnics permit.
The Manager recommends that the steps earlier defined be incorporeted into a checklist and the
Board adopt as policy that the criteria listed on the checklist must be completed to the satisfaction
of County staff in its entirety. If the checklist criteria is met to staff satisfaction in its entirety, it is
further recommended that the Manager be authorized to issue a pyrotechnics permit if for whatever
reason the checklist criteria cannot be met in its entirety to staff satisfaction, the request for a
pyrotechnics permit would be forwarded for Board action. If the Manger's .recommendation is
approved a policy will be brought forward for Board approval at a later meeting.
The Manager further recommends that the Board approve the draft of the permit and checklist as
• attached.
1.ffwpmpolc
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DRAfT B. SMITK CENTER
SPECIAL gVBRTS LEA3IH~ PROCESS
•
The Dean R. Smith Center on the cautpus of the university of North
Carolina at Chapel Hill proves itself as one of the more desirable
multi-purpose facilities in the country today. As such., it his
been. determined by the University that when scheduling germits,. the
facility should be used for the purpose of facilitating the
contribution of the University to the cultural and intellectual
Life of the University community as a means of accomplishing its
broad educational mission, including its responsibility t~;¢.provide
an environment that offers appropriate entertainment and•cultur~l
choices for the members of .the University and local community.
Therefore, in accordance with University policies, the Dean B.
Smith Center shall be leased to legitimate special event ~;romotexs
in an effort to achieve this broad ranging goal. A special events
checklist has established a process to be followed once the Smith
Center administration has been .contacted by parties inte,r~sted in
leasing the facility to present events.
This process has been implemented in an effort to ensure approval.
as expediently as possible. In certain situations, the time frame
from initial contact with a promoter to the suggested ticket sale
date for the event falls within a seven-day period. Such a short
vrindow of operation, though not the ideal situation, necessitates
immediate administrative approval from departments and-agencies
within the University and local community. Based -:; ,on each
department's field of expertise and its experience with events~of
. this nature, a timely approval process is maintainQ,c~. ~ The
methodology included herein is one that is welcome to evaluation
and 'refinement if the need is determined by any agencg in~the
process.
Attached hereto is the special events checklist.
•
DEAN S. SMITH CSNTIIB
sPBCYAL BVSATS CH8C1fLI87
1. Obtain date approval (in writing) from Dean of Student
Affairs, Donald Boulton (102 Steele Building, CB ~ 50A0).
2. Notify appropriate University, City and County officials of
event possibility (University Police, Chapel Rill Police,
Transportation and Parking, South Orange Rescue, Chapel Hill
Transit and Show Pros Security).
3. Notify fire department if pyrotechnics are to be used and
obtain a permit. Obtain a noise germit if slow is scheduled
for a Thursday, Friday or Saturday night.
4. Send contract to Promoter for signatures. Include Facility
Use Policy, Rigging Diagram (Attachment A) and Agreement for
Attachment A.
5. Upon return of contract, obtain (in order) the following '
signatures: Director of Smith Center, Dean of Student Affairs
• and Vice Chancellor for Business Affairs.
6. Obtain Certificate of Insurance for file.
•
i=i J l: ?,rU :1 U
• PYROTECHNICS PERMR CHECKLIST
North Carolina General Statue 14-413 empowers County Commissioners in the Statie fQ issue perntits
for the use of pyrotiec~nics in connection with shows of all descriptions after satisfactory evidence
is produced 1D the effect that the pyrotechnics will tare used for the aforementioned purposes and no
oti~ers.
On .the Orange County Corrrrdissioners adopted a policy widish tdites the. completion of
tine foibwing criteria ss prerequisite do the issuance of a pyrotechnics pem>lit Verification of the
receipt of urfonnation will be evidenced by the signature of tine appropriatie otficial on ti>us form. Only
after all criteria listed bebw have been met will the permit be issued. K should be further noted tit81t
all signature: must be written on the face of the permit in order for the permit to be valid. Penalties
for use of pyrotedmics witiaut a permit are cited in tine North CaroNna Building Code, Administration
and Enforcement, Volume 1A, Chapter 8.1.
lI ,I
u
CRITERIA APPROVED BY DATE
1. LETTER OF REQUEST RECEIVED FROM SPONSORING AGENCY
2. LETTER RECEIVED FROM FIRE DEPARTMENT INDICATING
SUFFICIENT MEASURES WILL BE TAKEN TO ENSURE THE SAFETY
OF THOSE IN ATTENDANCE.
3. LETTER RECEIVED FROM LAW ENFORCEMENT INDICATING
SUFFICIENT MEASURES WILL BE TAKEN TO ENSURE THE SAFETY
OF THOSE IN ATTENDANCE.
4. OUALIFlCATIONS/LICENSE SUBMITTED FOR PYROTECHNIC
OPERATOR
S. SITE LAYOUT SUBMITTED BY THE PYROTECHNIC OPERATOR.
6. INVENTORY OF PYROTECHNICS TO BE USED SUBMITTED
7. CERTIFlCATE OF INSURANCE FOR GENERAL LIABILITY COVERAGE
RECENED; MUST INCLUDE COUNTY AS A NAMED INSURED ON THE
FACE OF THE CERTIFlCATE; MINIMUM OMIT 51,000,000 PER
PERSON/PER OCCURRENCE.
B. LOCATION OF PYROTECHNIC DISPLAY HAS CURRENT FIRE
INSPECTION AND IS IN COMPLIANCE WITH THE STANDARD FIRE
PREVENTION CODE, 1988, WITH NORTH CAROLINA AMENDMENTS.
9. SHOW SET UP HAS BEEN APPROVED BY THE FlRE OFFICIAL IN
APPROPRIATE JURISDICTION PRIOR TO THE BEGINNING OF SHOW.
CERTIFlCATION RESPONSIBILITIES:
ITEMS 1-7: ORANGE COUNTY DIRECTOR OF PURCHASING AND CENTRAL SERVICES
ITEM 8: ORANGE COUNTY FIRE MARSHAL
ITEM 9: ORANGE COUNTY DIRECTOR OF EMERGENCY MANAGEMENT OR DESIGNATE** NOTE: THIS SIGNATURE
CERTIFlES THAT THE FlRE OFFICU4L IN THE APPROPRIATE JURISDICTION HAS MADE THE SET UP
INSPECTION. IT IS NOT INTENDED TO INDICATE THAT THE COUNTY'S EMERGENCY MANAGEMENT
DIRECTOR MUST INSPECT AND APPROVE SET UP PERSONALLY.
• FOLLOWING CERTIFICATION OF ITEM 9, PLEASE RETURN THIS FORM TO THE PURCHASING AND
CENTRAL SERVICES DIRECTOR.
_ u,~ 'L~ ,~ U 6
LJ
•
•
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PYROTECHNICS PERMIT COPY 1
COUNTY OF ORANGE NORTH CAROLINA
Pursuant to G.S. 14-413, Commissioners in North Carolina Counties are empowered to authorize and
issue permits for the use of pyrotechnics in connection with "...shows of all descriptions...but only
after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the
aforementioned purposes and none other".
On (date of approval), (apsncy to whom approval was 9ranted),(town), NC ,was approved for a pyrotechnic permit to be used
in association with (.~.nt), (date of event), position of event).
The approval is granted based on the following assurances from the requestor:
•Pubilc Safety personnel will be on site during the event to ensure public safety and to
provide adequate traffic control;
Proof of Uability insurance which includes the County as a named insured, has been
submitted to the Orange County Director of Purchasing and Central Services. Limits of
liability are no less than 61,000,000 per occurrence.
4Show setup will be approved by the pwne responsible Fir. oftloiai) or his designee, prior t0 the
beginn~g of show. Permitted explosives include those. listed on attachment #1, as
Submitted by (name pyrotechnic operator company).
~pvame of location) has had a current fire inspection and is in compliance with the Standard F1re
Prevention Code, 1988, with North Carolina amendments.
Approved by: (All signatures must be afti>Ged for permit to be vaBda
John Link, Jr.,
Orange County Manager
Fire Official
Pamela Jones, Director, Orange County Nick Waters, Director, Orange County
Purchasing and Central Services Emergency Management Services
HANDLING INSTRUCTIONS: EACH PARTY SIGNS TWO COPIES OF PERMIT
1. Director of Purchasing signs after osrtiflcation that chscidist criteria has been met.
2. Orange County Manager signs.
3. Fire O(fidal signs, upon approval of the site set up prior to the event.
4. Emergency Management Director signs after assurance from Fire Oifidal that requirements of the Standard Fre Prevention Code
as k respects the use of pyrotechnics has been met.
5. Emergency Management Direcxor provides one copy of pemtit to show sponsor and returns one copy to the Director of Purchasing
for records mairrtsnancs.
1.1 iwpmtforrn