HomeMy WebLinkAboutItem 12 & 13 - FireworksMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
NOVEMBER 16, 2021
FIREWORKS APPROVAL PROCESS
City Council to consider an ordinance amending the fireworks approval
process and consider an application for a close -proximity fireworks show
at the Carol of Lights.
FUNDING SOURCE: N/A
BACKGROUND: Attached is a report from the Fire Department on past fireworks requests
and the approval process in Grapevine.
Currently, groups who want to have fireworks displays in Grapevine,
regardless of the type of show, are required to submit an application to the
Fire Department where it is vetted based on National Safety Standards
and, in some cases (mainly July 4th), must go to the State of Texas for
approval before our Fire Marshal may approve.
In the Historic District, staff would propose when any fireworks show is
requested to be held within the Township boundaries, after being vetted
by the Fire Marshal, that it be placed on an agenda for City Council
approval at a regular meeting.
In addition, staff proposes to improve the fireworks communication
process by using Code Red to notify residents within a half -mile radius of
a fireworks show. For large fireworks shows, we will continue to notify the
public using social media (Facebook, NextDoor, Twitter and e-News).
Finally, we would request that City Council consider an application from
the City of Grapevine for a 7-minute, close -proximity fireworks show from
the roof of City Hall on November 22 at the Carol of Lights event. The
application is attached. The Fire Chief has reviewed it and found that it
meets all applicable standards.
'2111119 11:37 AM
REGULATION OF FIREWORKS
FIREWORKS DISPLAYS
GRAPEVINE FIRE DEPARTMENT
BY BRYAN K. PARKER
'2111119 11:37 AM
Overview
The Grapevine Fire Department is the local Authority Having Jurisdiction (AHJ) for the
permitting, storage and inspecting of fireworks and fireworks displays. Authority and
enforcement are provided through the City of Grapevine, Texas Code of Ordinances (Article IV. -
Fireworks); NFPA (2014 edition), International Fire Code (2015 edition) and the State Fire
Marshal's Office (Texas Occupation Code — Chapter 2154 & Texas Administrative Code - Section
34.800).
Fireworks are defined as a composition or device designed for entertainment to produce a visible or
audible effect by combustion, explosion, deflagration, or detonation. The Grapevine Fire Department
permits and inspects four different types of pyrotechnic displays. The four types are:
1. A 1.3G classification is a large firework primarily designed to produce visible and audible effects
by combustion, explosion, deflagration, or detonation. This classification is given to the large
fireworks and pyrotechnics that you see at the shows put on by the City of Grapevine on 4th of
July. Training and special permits are required to possess or use fireworks of this grade.
Fireworks must be permitted by the Grapevine Fire Department and the State Fire Marshal's
Office.
2. A 1.4G classification is a smaller firework primarily designed to produce visible and audible
effects by combustion, explosion, deflagration, or detonation. These explosives are consumer
fireworks intended for use by the general public. Weddings at Paradise Cove and Fellowship
Church are examples of 1.4G firework shows. A local permit is required for this type of firework.
'2111119 11:37 AM
3. Close proximity fireworks are a hybrid product used when aerial shells are too large and indoor
effects are too small. Most commonly seen at major sporting venues and corporate events, such
as grand openings, where there is less separation between audience and effect. These types of
fireworks are used on the top of City Hall. A local permit is required for this type firework.
M
4. Indoor fireworks are category 1, which means they are as similar to safety concerns as party
poppers. Indoor fireworks should be lit on a suitable surface and watched from a safe distance.
These types of fireworks are a way to enhance grand entrances, first dances, and more. A local
permit is required for this type of firework.
'21/11/9 11:37 AM
Quick Facts
Based on 2018-2019 data, the Grapevine Fire Department permits and inspects an average of 19
different fireworks and firework displays per year. This average excludes Friday Night Fireworks
provided by the CVB on Grapevine Lake.
6 - 1.3G shows
7 - 1.4G shows
• 1 - combination of 1.3G & 1.4G show
• 5 - indoor firework shows
• Gaylord accounts for 42% of fireworks
Fireworks by Classification
■ 1.3G IAG ■ Combo ■ Indoor
'21/11/9 11:37 AM
Permits and Inspections
Permits for fireworks include
• the name of the person, group, or organization sponsoring the production
• date and time of day of the production
• exact location of the production
• name of the person actually in charge of firing the pyrotechnics
• qualifications of the pyrotechnician
• confirmation of any applicable state and federal licenses held by the operator or assistant(s)
• evidence of the permittee's insurance carrier or financial responsibility
• number and types of pyrotechnic devices and materials to be used
• the operator's experience with those devices and effects, and a definition of the general
responsibilities of assistants
• diagram of the grounds or facilities where the production is to be held that shows the point at
which the pyrotechnic devices are to be fired
• the fallout radius for each pyrotechnic device used in the performance, and the lines behind
which the audience is to be restrained
• point of on -site assembly of pyrotechnic devices
• manner and place of storage of the pyrotechnic materials and devices.
Inspections assist with the safety of fireworks. Minimum inspection requirements are
• fire lanes kept clear
• hydrants not blocked
• at least four fire extinguishers provided
• extinguishing equipment charged and in good working order
• proper and current license in the possession of the pyrotechnic operator
• permit on site
• fire department briefed on proposed activity
• pyrotechnic firing mechanism in good working order
• set and scenic materials treated for flame retardance
'21/11/9 11:37 AM
ARTICLE IV. - FIREWORKS
DIVISION 1. - GENERALLY
Sec. 11-50. - Definition.
"Fireworks", for the purpose of this article, shall be held to mean any sparkler, rocket, firecracker,
Roman candle, torpedo or any other substance in whatever combination used to obtain a visible or
audible pyrotechnic display and shall include all articles or substances within the commonly accepted
meaning of the word "fireworks".
"Possession", for the purpose of this article, shall be held to mean the actual care, custody, control or
management.
(Ord. No. 59-2, § 2, 1-20-59; Ord. No. 93-27, § 1, 6-15-93)
Cross reference— Discharging explosives, § 15-22.
State Law reference— Definitions, V.A.T.S., Insurance Code, art. 5.43-4.
Sec. 11-51. - Prohibitions.
The following shall constitute nuisances when allowed, maintained, or suffered to exist within the city
and for a distance of 5,000 feet from the city, and the person causing such nuisance to exist shall be
guilty of a misdemeanor:
(1)The manufacture of fireworks.(2)The storing of fireworks, except as authorized in Division 2 of this
article.(3)The transporting of fireworks within the city except as authorized in Division 2 of this article,
and except such transportation as may be interstate commerce.(4)Offering for sale, for sale or storing or
keeping fireworks for purposes of sale except as authorized in Division 2 of this article.(5)The exploding,
lighting or firing of any fireworks except as authorized in Division 2 of this article.(6)The possession of
any firework(s) is prohibited except as authorized in Division 2 of this article.
(Ord. No. 59-2, § 2, 1-20-59; Ord. No. 93-27, § 2, 6-15-93)
Sec. 11-52. - Summary abatement.
The officers and officials of the city shall have the power to similarly abate such nuisances as are found
to exist, in addition to punishment of the offender.
(Ord. No. 59-2, § 4, 1-20-59)
Secs. 11-53-11-59. - Reserved.
DIVISION 2. - DISPLAYS
Sec. 11-60. - Authorized.
Public displays of fireworks under conditions specified in this division shall be lawful.
(Ord. No. 73-8, § 1, 2-20-73)
'21/11/9 11:37 AM
Sec. 11-61. - Application for permit; state permit required; fee.
Any adult person or any firm, copartnership, corporation or association planning to make a public
display of fireworks shall first make written application for a permit to the fire chief at least 24 hours in
advance of the time of the proposed display. No city permit shall be issued until a permit issued for said
purposes has been issued by the state. The fee for the city permit shall be $25.00, plus the cost of the
fireman required under section 11-67.
(Ord. No. 73-8, § 2, 2-20-73)
State Law reference— Display permit, V.A.T.S., Insurance Code, art. 5.43-4, § 9.
Sec. 11-62. - Investigation of applicant; issuance of permit, term, nontransferable; notice of denial of
permit.
It shall be the duty of the fire chief to make an investigation as to whether the display as proposed by
the applicant for a permit under this division shall be of such a character that it may be hazardous to
property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or
deny the application, subject to the conditions prescribed in this division. In the event the application is
approved, a permit shall be issued for the public display by the fire chief. Such permit shall be for a
period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be
transferable. In the event that the application is denied by the fire chief, he shall notify the applicant of
the denial in writing.
(Ord. No. 73-8, § 3, 2-20-73)
Sec. 11-63. - Insurance and bond.
The applicant for a display permit under this division shall, at the time of making application, furnish
proof that he carries compensation insurance for his employees as provided by the laws of the state,
and he shall file with the city secretary, a certificate of insurance evidencing the carrying of public
liability insurance in an amount not less than $500,000.00 issued by an insurance carrier authorized to
transact business in the state, for the benefit of the person named therein as assured, as evidence of
ability to respond in damages in at least the amount of $500,000.00, such policy to be approved by the
fire chief. In lieu of insurance, the applicant may file with the city secretary, a bond in the amount of
$500,000.00 issued by an authorized surety company approved by the fire chief, conditioned upon the
applicant's payment of all damages to persons or property which shall or may result from or be caused
by such public display of fireworks, or any negligence on the part of the applicant or his agents, servants,
employees, or subcontractors in the presentation of the public display. The city shall also be designated
as an insured by the insurance policy and bonded by the bond.
(Ord. No. 73-8, § 4, 2-20-73)
Sec. 11-64. - Storage of materials.
The material to be used for a public display authorized by this division shall not be stored within the city,
but shall be brought in on the day of the public display and then shall be taken immediately to the place
of display for further handling and storage.
(Ord. No. 73-8, § 5, 2-20-73)
'21/11/9 11:37 AM
Sec. 11-65. - Hazardous or dangerous displays.
No public display of fireworks shall be of such a character and so located, discharged, or fired as to be
hazardous or dangerous to persons or property, and this determination shall be within the sound
discretion of the fire chief.
(Ord. No. 73-8, § 6, 2-20-73)
Sec. 11-66. - Pyrotechnic operators.
The persons handling the display of fireworks under this division shall be competent, adult persons and
experienced pyrotechnic operators approved by the fire chief, and no person not approved by the fire
chief shall handle fireworks at the public display. The names of the experienced pyrotechnic operators
shall be designated on the permit issued.
(Ord. No. 73-8, § 7, 2-20-73)
Sec. 11-67. - Attending fireman.
For each public display of fireworks under this division, not less than one fireman of the city shall be in
attendance during the display. The expense of such fireman at the display shall be borne by the
applicant for the permit and shall be paid in advance at the time of the application for the permit, based
on the average hourly rate of a fireman and the number of hours specified in the permit.
(Ord. No. 73-8, § 8, 2-20-73
121/11/10 1:58 PM
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601 Boyd Drive Metro 817-410-8100
Grapevine, Texas 76051 Fax 817-410-8106
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PERMIT APPLICATION
Application Date: November 5, 2021 Business Name: Illumination Fireworks Partners LP
Permit Address: 1605 Crescent Circle, Carrollton,. . , Texas .75006.
Amusement Buildings Hazardous Materials, Store, Use or Install
Carnivals or Fairs High -Piled Storage, Storage over 12 feet
Compressed Gases (over 200 cu. ft.) Open Burning, Recreational Fires are excluded
Exhibits and Trade Shows Pyrotechnic or Fireworks Displays
Fire Protection or Detection Systems, Install or Repair Garages and Fueling Stations
modify -Tents and Membrane Structures
Flammable or Combustible Liquids, Store, Use -Vehicle Displays in Public Buildings
or Install Fireworks (1.4g Pyrotechnic display) - V - Block Party
Please attach plans, documents and any specifications for permit review.
Perm!tT!me: Permanent_ Temporaryv Permit Type: Operational V1 Construction
Applicant Information
Plans: New - Revision - Correction Application # City Project/Property: Yes _ No
Submitting Comp Name: Illuination Fireworks Partners LP
MalfingAddress, 1605 Crescent Circle, suite200
City, State, Country, Zip: Caroliton, TX 750 0 . 6
Company E-mail Address: Matthew@illuminationfir . eworks.co r r,
Company Phone: 469-208--8561
Applicant Phone: Some as above
Applicant E-mail Address: Some as above
Name of Venue, 200 S Main St, Grapevine, Texas 76051
Name of Event: Grapevine Carol of Lights
Event Date/s- November 22, 2021
Close proximity pyrotechnics shot from the roof of city hall for the
Details of Event or Process: Olar)evine Carol of Li9b-JsEvont.,Specific event seQmknAL1Qfeature ovro:
- Short pyrotechnic salvo for the "switch flip/mayor speech" moment
- Intermittent pyrotechnics to accompany the "opening video" segment -
- bustainea (t)) min-uTe--cro-se-pr-ox-lm-iTy-p-y-ro-m-us-ic-aTfor�e en �oev-e6hl
segment.
Matthew Hardin - Production,
Applicant Name and Title: Manager Applicant Signature:
'21/11/10 1:58 PM
SALE NUMBER. 15041
SHOW DATE: 11122/2-r
11.22.21 Grapevine Carol of Lights
,.-Caliber C�_ktq k-y
Count
19mm Outdoor Prox
71
TOTAL
44mm Outdoor Prox
17
48mm Outdoor Prox
7
9
0.5" Outdoor F'yra
14
TbT L
20rnm Outdoor Pyro
4
TOTAL
�0
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11.22.21 Grapevine Carol of Lights Site Plan
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'21/11/10 1:58 PM
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0 DATE (MMWDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE
1 1115/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
e certificate hoider Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION M WAIVED, su �jcr_ to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate tioes rmt CoMer rigms 0 the
certWicate holder in lieu of such,andorsement(t).
PRODUCERNAME:
Janet Riau
The Partners Group Ltd
PHONE FAX
?AiL, tarn, E4,. 426-455-5640 4AJC Na): 425-455-6727
E S
11225 S6th St., uite 110
Bellevue WA 98004
ADDRE-MAILESS: rnau%d:tKlrp.com
INSURERi$AFFORDING COVERAGE WAIC 9 1
INSURER A; 7 H.E. Insurance Company 12866
INSURED
45097
INSURER B:
Illumination Fireworks Partners, LP
1605 Crescent Circle, STE 200
INSURER C
Carrollton TX 75006
INSURER D
INSURER E
INSURER F
'7ZOV'ERAGES CERTIFICATE NUMBER: 1056941199 REVISION NUMBER:
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSURR POLICY EFF POLICY EXP
THIS IS TO CERTIFY THAT THE
TYPE OF INSURANCE I qtff�M mloon= LIMITS
A GENERAL LIABILITY Y CPP010708602 6/1712021 511712022 EACH OCCURRENCE $1,000,000
DMMC�F TO RIF NT F.0
X COMMERCIAL GENERAL LIABILITY PREMISES ,Fa occurrence! $ 100,000
CLAIMS -MADE OCCUR ME-D EXP (Any one person) Excluded
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $10,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMNOPAGG
$2,000,W0
X POLICY PRO- LOC
$
------
A AUTOMOBILE LIABILITY CPP010708602 5117/2021
COMBINED Bil—NGLF LIMIT
5/17/2022 Ea acoldent
11 1000 000
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED X SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS AUTOS
X X NON -OWNED
PROPERTY DAMAGE-.
$
HIRED AUTOS AUTOS
LPtir accioenL
_AUMBRELLA LIAR X OCCUR ELP001304502 5/17/2021
6/17/2022 EACH OCCURRENCE
$ 9,000,0W
X EXCESS LIAR CLAIMS -MADE
AGGREGATE
$9,000,000
DED RETENTION.
GIL ONLY
WORKERS COMPENSATION
WC STATU- OTH-
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ANY PROPRIETORfPARTNERIEXEIVE r--]
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E.L DISEASU- - EA EMPLOYEL
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DESCRIPTION OF OPERATIONS below »
E.L. DISEASE - POLICY LIMIT
$
A Excess — Auto ELP001304602 5/1712021
511712022 Each Occurrence
$4,000,000
Per Occurrence
Aggregate
$4,000,000
— — . ..... .... ... DiiiCRIP`ni�� OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additions) Remarks Schedule, If more space is required)
Named Insured, as required by written contract.
Es play taking place on November 22, 2027 ai 200 S Main St, Grapevine, T xas 76051
............
CANCELLATION
SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Grapevine
200 South Main Street _T6iW6RiZED REPREii9�i,4ailv E
Grapevine TX 76051
Q 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
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1046 HUMMINGBIRD TRL. Expiration Date: 09-'18-202'
GRAPEVINEL_ TX 760511-2823 EFFEUNE DATE 09-18-2019
FIREW01RIKS SPEC1AWt#FECTSVPE - RATOR'S LICENSE
DATE ISSUED: July 22, 2021
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Wheat, Tyler Shane
1605 Crescent Circle 200
Carrollton TX 75006
MAMM,
Orlando P, Hernandez, State Fire Marshal
TEXAS DEPARrmwr of imsuRAmcaa
STATE FIRE MARSHALS OFFICE
VY"hea4 .-Tyler Shane
License Ro. SE044483-40
SPECIAL EFMTS GKIR-ATOR
Expires: 09-1"692--�'WJBI I Z-04 -1993
Signature Of License/Pennif
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EFFECTIVE 09-18-2019 STATE FIRE MARSHAL
DATE
Issued To:
Hunt, JereMy Taylor
3116
DENTON TX 76210-0211
License Number
Expiration Date: 11-19-2021
ELATE ISSUED: September 14, 202{}
Orlando P Hernandez, State Fire Marshal
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Hunt, Jeremy Taylor
TEXAS DEPARTMENT OFINSURANCE
STATE FIRE MARSH VS OFFICE
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EFFECTIVE DATE: t F>t9=2010 STATE FIRE MARSHAL
ORDINANCE NO. 2021-060
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF GRAPEVINE, ARTICLE IV, FIREWORKS, SECTION 11-
62, INVESTIGATION OF APPLICANT; ISSUANCE OF
PERMIT; TERM; NONTRANSFERABLE; NOTICE OF DENIAL
OF PERMIT, REPEALING CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas (the "City"), is a home rule municipality and is
authorized to enact regulations as necessary to protect the health, safety and welfare of
the public and, may enact ordinances relative to its citizens' health, safety, and welfare
that are not inconsistent with the Constitution and laws of the State; and
WHEREAS, the City is authorized by law to adopt the provisions contained herein, and
has complied with all the prerequisites necessary for the passage of this ordinance; and
WHEREAS, all statutory and constitutional requirements for the passage of this ordinance
have been adhered to, including but not limited to the Open Meetings Act; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety, and
general welfare of the citizens of the City of Grapevine;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grapevine,
Texas:
Section 1. That, the statements contained in the preamble to this ordinance are
hereby adopted as findings of fact and as a part of the operative provisions hereof.
Section 2. That, the Code of Ordinances of the City of Grapevine, Article IV,
Fireworks, Section 11-62, Investigation of applicant; issuance of permit, term,
nontransferable; notice of denial of permit, is amended and shall read as follows:
Sec. 11-62. - Investigation of applicant; issuance of permit, term, nontransferable; notice
of denial of permit.
(a) It shall be the duty of the Fire Chief to make an investigation as to whether the
display as proposed by the applicant for a permit under this division shall be of
such a character that it may be hazardous to property or dangerous to any
person, and he shall, in the exercise of reasonable discretion, grant or deny the
application, subject to the conditions prescribed in this division. In the event the
application is approved, a permit shall be issued for the public display by the Fire
Chief. Such permit shall be for a period of time designated on the permit, but shall
not exceed fourteen (14) days, and the permit shall not be transferable. In the
event that the application is denied by the Fire Chief, he shall notify the applicant
of the denial in writing.
(b) Anv application for a permit for a public displav of fireworks to take place in the
Historic Grapevine Township District must be approved by a majority vote of the
Citv Council.
Section 3. That, this ordinance shall take effect immediately following its passage,
approval, and publication as provided by law, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 16th day of November, 2021.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2021-060 2