Definition of "Fireworks" (California Health and Safety Code):
12511. “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.
Santa Cruz City
City of Santa Cruz Municipal Code
Chapter 19.05 FIRE CODE
19.05.310 CHAPTER 56 – EXPLOSIVES AND FIREWORKS
5601.1.2 Fireworks. Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
5602 – Display Fireworks
5602.1 Permit Restrictions. The fire code official is authorized to limit the quantity of fireworks permitted at a given location. No person, possessing a permit for storage of fireworks at any place, shall keep or store an amount greater than authorized in such permit.
5602.2 – Financial Responsibility. The permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire code official for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors. The permit holder shall comply with all provisions of Title 19 California Code of Regulations, Chapter 6.
5602.3 – Special Effects and other Proximate Displays. The display of fireworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions, shall comply with all provisions of Title 19 California Code of Regulations, Chapter 6.
(Ord. 2013-15 § 2 (part), 2013).
City of Capitola Municipal Code
Chapter 9.24 FIREWORKS
9.24.010 Sale unlawful.
It is unlawful for any person to sell any fireworks, firecrackers, torpedoes or any similar agency which has incendiary or explosive effects within the confines of any and all portions of the municipal limits of the city.
9.24.020 Discharge unlawful.
It is unlawful for any person on public property within the city limits to discharge any fireworks, firecrackers, or any similar agency which has incendiary or explosive effects. “Public property,” for the purposes of this section, includes but is not limited to, municipally controlled streets, sidewalks and beaches. The single exception to this section shall be fireworks exhibitions which, upon application, have been approved by the city council. (Ord. 411 (part), 1977; Ord. 19 § 1, 1949)
City of Watsonville
Update on Safe and Sane Fireworks
February 10, 2015
City of Watsonville Municipal Code
Article 33. Safe and Sane and Dangerous Fireworks
4-3.3301 General. This article regulates safe and sane fireworks as that term is defined in Section 12529 of the California Health and Safety Code.
4-3.3301.1 Violations of provisions.It shall be a misdemeanor for any person to do any act forbidden or to fail to perform any act required by the provisions of this article.
4-3.3302 Safe and sane fireworks.Sec. 3302.1. Time restrictions on sales.
Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be sold within the City of Watsonville during the period beginning 9:00 a.m., July 1st, and ending at 10:00 p.m. on July 4th each year pursuant to the provisions of this ordinance and not otherwise.
Sec. 3302.2. Sale of fireworks—Permit
Except as provided herein, no person shall offer for sale or sell at retail any fireworks without having first applied for and received a permit issued by authority of the Fire Code Official.
Sec. 3302.3. Application for permit.
All applications for a permit to sell fireworks shall be made in writing accompanied by a permit fee; be made between the first business day and the last business day of April of each year; and set forth the proposed location of the fireworks stand.
Sec. 3302.3.4 Insurance and license.
Be accompanied evidence of a commercial general liability, workers compensation, and other forms of insurance in a form and with deductibles and policy limits that may be established from time to time by resolution of the Council.
Sec. 3302.3.5 Terms.
All applications shall include a statement that the applicant agrees to comply strictly with the terms of any retail sale permit granted it and furnish any additional information upon request of the City.
Sec. 3302.4. Notice of granting or rejecting of permit
Applicants for a permit shall be notified in writing by the Fire Code Official by May 15th of the granting or rejection of such application for a permit.
Sec. 3302.4.1 Documents.
Applicants granted permits shall pay all required fees, provide required evidence of insurance and submit all other required documents by May 30th or such application shall lapse and be of no further force and effect.
Sec. 3302.5. Qualifications for issuance of permit, entity, number, and locations.
The following qualifications must be met by each applicant for a safe and sane fireworks sales permit.
(a) No permit shall be issued to any person, corporation, or other forms of organizations, except non-profit associations or corporations organized primarily for civic betterment or youth activities in Watsonville.
(b) Each such organization must have its principal and permanent meeting place within a seven (7) mile radius of the City Hall; and must have been organized and established for a minimum of one (1) year continuously preceding the filing of the application for the permit.
(c) No organization may receive more than one (1) permit for fireworks sales during any one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one (1) calendar year shall not exceed twenty-five (25) permits.
(d) Subject to the provisions of this 3302.5 below, an organization which received a permit to sell fireworks pursuant to this chapter in 2006 shall be issued a permit to sell fireworks in succeeding years if an application is filed and all requirements of this ordinance are met, provided that since 2006 and in each successive year since then through the date of its application and without interruption, the organization has operated a safe and sane fireworks retail sales stand in the City of Watsonville pursuant to a validly-issued permit. A permit issued under this section shall cover only one (1) retail sales stand. Nothing in this section shall prevent the Fire Code Official or his designee from revoking a permit for just cause where a nuisance exists or where personal injury or property damage is threatened.
(e) Subject to the right of organizations that have continually operated retail stands pursuant to a valid permit since 2006 to continue to do so provided they meet the requirements of this ordinance and of 3302.5.4 above, if the number of proper applications exceed the number of permits to be issued in given year, the permits shall be granted by a random drawing supervised by the Fire Code Official.
Sec. 3302.6. Operation of stand.
Safe and sane fireworks stands shall be operated in compliance with all laws, including but not limited to the following:
(a) No entity other than the permittee organization shall operate the stand for which the permit is issued.
(b) Only adults aged sixteen (16) years and over approved by the permittee organization shall sell or otherwise participate in the sale of fireworks at such stand. Persons less than sixteen (16) years old shall not handle or sell fireworks, nor shall they be allowed into the sales booth. Notwithstanding the prohibitions in the last sentence, persons less than sixteen (16) years old may handle fireworks solely for the purpose of loading and unloading fireworks from the stand at the beginning and end of the day, as long as they are supervised by a responsible adult.
(c) No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
Sec. 3302.6.4 Minimum age-buyers.
Retailers shall not sell fireworks to anyone less than eighteen (18) years of age.
Sec. 3302.6.5 Signage.
The seller shall provide detached signage no less than two (2) feet x four (4) feet in size with lettering not to be less than four (4) inches high. Language used on the sign shall be approved by the Fire Code Official. The signage shall be in a form acceptable to the Fire Code Official notifying the public that safe and sane fireworks are not allowed in any other city nor in Santa Cruz County in unincorporated areas of Santa Cruz County.
Sec. 3302.6.6 Packaging.
Only boxed safe and sane fireworks assortments, pre-wrapped and packed by a wholesaler or manufacturer shall be sold by the retailer shall be sold in the original package. Items such as several boxes of sparklers of different colors are not considered a boxed assortment. In no case shall ground blooming flowers or similar items that, when ignited, actively move along the ground in random directions, be included in a boxed assortment.
Sec. 3302.6.7 Pamphlet.
A safety pamphlet on the use of “safe and sane” fireworks furnished by the manufacturer shall be given by the seller to each purchaser at the time of sale.
Sec. 3302.7. Temporary fireworks stands—general provisions for structures.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand. Sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:
(a) No fireworks stand shall be located within twenty-five (25) feet of any building, within one hundred (100) feet of an open flame, nor within one hundred (100) feet of any gasoline pump.
(b) Fireworks stands need not comply with the provisions of the building code provided, however, that all stands shall be erected in a manner that will reasonably insure the safety of attendants and customers.
(c) No stand shall have a floor area in excess of four hundred (400) square feet.
(d) Each stand two hundred (200) square feet or more must have at least two (2) exits.
(e) Each stand shall be provided with two (2) 2 1/2-gallon water pressure type fire extinguishers or one (1) 2 1/2-gallon water pressure type fire extinguisher and one (1) 2A10BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire.
(f) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least fifty (50) feet surrounding the stand.
(g) “No Smoking” signs shall be prominently displayed on the front, back, and sides of the fireworks stand.
(h) Each stand must have an adult over the age of 18 years in attendance and in charge while fireworks are stored or sold therein. Sleeping or remaining in stand after close of business each day is forbidden.
Sec. 3302.7.9 Conditions of operation.
The sale of fireworks shall not begin before 9:00 am July 1st and shall not continue after 10:00 pm on the 4th of July. Fireworks booth hours of operation shall be limited to 9:00 am to 10:00 pm daily.
(a) All unsold stock shall be removed from the booth each night and shall be stored in a location approved by the Fire Code Official or his designee.
(b) All litter shall be removed from the booth location by 5:00 pm on the 5th day of July.
(c) The fireworks stand shall be removed from the temporary location by 8:00 pm on the 10th day of July.
Sec. 3302.8. Fireworks use permits and inspection fees.
The permit fees for selling fireworks within the City shall be set by council resolution, which may include cost of living increases based upon the annual adopted City fee schedule.
(a) The fees must be paid at the time the application is filed. The permit fees for selling safe and sane fireworks, associated with processing and issuing such permits. Fire Department inspection fees shall also be included.
(b) The fireworks permit fee shall be paid at the time the application for a fireworks stand is filed.
(c) Organizations selling fireworks are also required to obtain a temporary sales tax permit from the State Board of Equalization.
(d) Display of state license, city permit, sales tax permit, and city required posters. State license and city permit to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. Additionally, the Fire Code Official may require the display of certain regulatory posters, including but not limited to those described in this chapter.
Sec. 3302.11. Prohibitions on discharge.
(a) No person under eighteen (18) years of age shall light or cause to be lighted any fireworks or other combustible material within the City of Watsonville.
(b) No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within fifty (50) feet thereof.
(c) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure.
(d) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto property in a hazardous fire area. Hazardous fire areas will be determined and defined by the Fire Code Official and set forth in the fireworks discharge policies of the fire department.
(e) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks from midnight July 5 to midnight June 30.
(f) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or ignition of “dangerous fireworks,” as defined in California Health and Safety Codesection 12505, on or at their premises at any time in the City of Watsonville. Professional Organized displays shall be approved in accordance with Chapter 10 of Division 1 of Title 19 of the California Code of Regulations, commencing with Section 3308.
Sec. 3302.12. Storage.
“Safe and sane” fireworks may be stored within the City, pursuant to the following provisions:
(a) Magazines for the storage of fireworks shall be located in accordance with nationally recognized standards. Fireworks shall be stored in magazines that meet the requirements of the 2001 California Fire Code Section7702.3. Magazines for the storage of fireworks for personal use shall meet the minimum classification requirements of a Type 4 magazine. A Type 4 magazine shall be a portable or mobile structure, such as a building, igloo, box, semitrailer or other mobile container, which shall be fire resistant, theft resistant and weather resistant.
(b) Buildings or parts of buildings used for storage shall meet the zoning requirements of the city.
(c) Signs with the wording “Fireworks - No Smoking” in letters a minimum of four (4) inches high, shall be conspicuously located throughout the building.
(d) Combustible materials shall not be stored within 50 feet (15 240 mm) of magazines. Smoking, matches, flame-producing devices, and open flames shall not be permitted inside of or within 50 feet (15 240 mm) of magazines. Where low explosives are stored in magazines, spark-producing tools shall not be used. Such magazines shall be bonded and grounded.
(e) Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty (50) feet of travel to any fireworks storage.
(f) Stacks of merchandise shall be limited in size to twelve thousand (12,000) cubic feet, and each stack shall be separated from other stacks by eight (8) feet wide aisles. Height limitations shall be consistent with storage practices.
Sec. 3302.13. Non-compliance.
If, in the judgment of the Fire Code Official, Fire Marshal, Duty Chief, or other designated officer, the construction of the stand or the conduct of the operations therein does not conform to the provisions of this chapter, such officer may order the stand immediately closed.
Sec. 3302.14. Penalties.
Persons violating this chapter shall be subject to the penalties set forth in Chapter 2 of Title of the Watsonville Municipal Code.
Sec. 3302.15. Seizure.
The Fire Code Official is authorized to seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation.
(Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3302)
4-3.3303 Surcharge on sale of safe and sane fireworks.
(a) On or before November 1 of any year a permittee is permitted to sell fireworks under this article, the permittee shall submit to the City a financial statement prepared in a form and manner acceptable to the City setting forth the total gross receipts from sales of fireworks by the permittee related to each stand, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, the retail value of any fireworks disposed of other than by sale, and to whom and for what purpose the net proceeds were or will be disbursed, along with a copy of the most recent report filed by the permittee to the State Board of Equalization for such purposes. The filing of such statement shall be a condition precedent to the granting of any subsequent permit.
(b) All permittees selling safe and sane fireworks within the City pursuant to a permit issued under this article shall assess a surcharge of seven (7%) percent on the retail value of safe and sane fireworks sold or otherwise distributed in the City. The surcharge for each permittee shall be determined each year as soon as reasonably possible after the permittee has submitted its financial report to the City as required under subsection (a) of this section. The surcharge is due and shall be paid by the permittee upon presentment of an invoice by the City. This surcharge is intended to cover a portion of the City’s costs in advertising, implementing, policing, and enforcing this article and additional reserves for associated fire suppression costs.
(c) The failure of any permittee to pay the amount assessed to it by the City under this section is a violation of this article and shall also bar the issuance of a subsequent permit to such permittee until the assessment of any costs and fees incurred in collection are paid in full.
(§ 1, Ord. 1249-09 (CM), eff. June 24, 2009, § 1, as amended by Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3303)
4-3.3308 Dangerous fireworks.
Section 3308 of Chapter 33 of the California Fire Code is amended to read as follows:
This article regulates dangerous fireworks as that term is defined in Section 12505 of the California Health and Safety Code.
Sec. 3308.1 General.
The display of fireworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions, shall comply with all provisions of Chapter 6 of Division 1 of Title 19 of the California Code of Regulations, commencing with Section 975.
Sec. 3308.1.1 Definitions.
“Dangerous fireworks” shall mean any device described in Section 12505 of the California Health and Safety Code.
Sec. 3308.2.1 Discharge, permit.
No person shall discharge or otherwise display dangerous fireworks except in accordance with a permit issued pursuant to this chapter.
Sec. 3308.2.2 Public.
Except as otherwise provided in this chapter, no fireworks shall be discharged or displayed except when the discharge or display is open to the public. For this purpose, “open to the public” means that the public may be present at the site of the discharge or display, either with or without a charge to be present, and not merely that the public may see or hear the discharge or display from off site.
Sec. 3308.2.3 Time.
Fireworks shall only be discharged or displayed during the following after dusk, but not later than 10:00 p.m., except that on New Year’s Eve Day fireworks may be displayed until not later than 1:00 a.m. of the following day.
(a) Fireworks shall only be discharged or displayed on New Year’s Eve Day, July 4, any day appointed by the President of the United States as a one time celebration of a holiday, fast, or thanksgiving, or any day on which an event of benefit to a significant segment of the community occurs, provided the discharge or display is held in connection with the event.
(b) Up to a maximum of three days per calendar year for private events held on commercial private property, provided the discharge or display is held in connection with the event.
(c) Any person desiring to discharge or display fireworks shall submit a completed application to the Fire Code Official no later than 60 days prior to the discharge or display on an approved form. No application submitted later than 60 days prior to the proposed discharge or display shall be accepted. No application shall be deemed complete, and therefore deemed made and submitted, unless and until all information and materials required, and any other materials and information reasonably required by the Fire Code Official, shall have been received and verified by the Fire Code Official.
Sec. 3308.2.4 Application.
An application to discharge or display dangerous fireworks shall include required information, and the Fire Code Official may require additional information in the exercise of his or her sole discretion, and shall be made on a form devised by the Fire Code Official, including information on the applicant; sponsoring organization; pyrotechnician with a copy of a current pyrotechnics license issued by the State of California; site of the discharge; and site plan.
Sec. 3308.2.4.1 Site Plan.
The site plan shall include the point where fireworks will be discharged; fall out area dimensions and proximity to roads, buildings, trees and overhead obstructions; description fall out area for size of fireworks being utilized; audience location; location of all nearby roads, buildings, trees, overhead obstructions; proximity of pyrotechnician to firing site; date, time and duration of discharge or display; type of discharge, including number and size.
Sec. 3308.2.4.2 Insurance.
Proof of general liability insurance in an amount not less than five million dollars, with no deductible, to include insurance of the general public against damage to property and injury and/or death to persons as a result of the discharge or display, and naming the City and each of its officers, agents and employees as additional insured. The pyrotechnician supervising the display shall also be named as additional insured. Also, proof of workers compensation insurance as required by California law, as well as a statement that required insurance shall not be cancelled or modified in any manner without prior notification to the City.
Sec. 3308.2.4.3 Bonds.
The permit holder may be required to furnish a bond in an amount deemed adequate by the Fire Code Official for the payment of all potential damages to public property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors.
Sec. 3308.2.4.4 Statements.
A statement that the following reports will be filed by the pyrotechnician in charge, as needed or required: a verbal report within 24 hours of a fire requiring emergency action or response as a result of fireworks firing, or injury or death to the public or crew; within 10 days following the discharge or display, a report to the Fire Code Official or his or her designee of any duds or misfires including manufacturer’s name, type and size, and a brief account of the cause of injury to any person from the fireworks and such person’s name and address; within 10 days following the discharge or display, violations of the California Health and Safety Code relating to public display of fireworks; within 10 days following the discharge or display, names of all licensed and unlicensed assistants.
Sec. 3308.3.1 Notifications.
Upon submittal of a complete application, the Fire Code Official may consult with other local, state and private authorities and persons who, as determined by Fire Code Official, have an interest in the application. The applicant shall give written notice of the application to owners of property within 1,000 feet of the boundaries of the site of the discharge, as determined by the Fire Code Official. Owners will be notified via mail by the applicant of the proposed times, dates, locations and types of discharges not later than ten days following receipt of the application.
Sec. 3308.3.2 Objections.
Any person may object or otherwise comment on an application submitted pursuant to this Ordinance. All comments and objections received by the Fire Code Official within 30 days following application submittal will be considered by the Fire Code Official.
Sec. 3308.3.3 Approval/Denial.
The determination to deny or approve shall be made, and applicant so advised, within 40 days following submittal of the application, but in no event earlier than 10 days following mailing of the notice required. If, based on the application, consultation, comments from the public, and any and all other information and materials considered in the exercise of due diligence, the Fire Code Official determines in the exercise of his or her sole discretion that the discharge or display conforms to all provisions of this Ordinance, and that the discharge or display presents no threat to the public health, safety or welfare, the application shall be approved. Otherwise, the application shall be denied. If the application is approved, the applicant shall, concurrent with such approval, give written notice of approval to owners of property within 1,000 feet, as described. The Fire Code Official may also give notice of such approval to any local, state, or private authorities or persons deemed appropriate.
Sec. 3308.3.4 Appeals.
The action of the Fire Code Official to approve or deny an application made pursuant to this Ordinance may be appealed in accordance with Section 108.1. The Board may request additional information from the applicant and shall have the sole discretion to consider such an appeal. No appeal of such action of the Board shall lie with any other official or body.
Sec. 3308.4 Fees.
Payment of a non-refundable application based on the established Fee Schedule annually adopted by the City of Watsonville and an amount determined by the Fire Code Official to cover administrative costs. No application submitted without the applicable fees shall be accepted or processed.
Sec. 3308.5 License.
No person shall discharge or display fireworks if he or she does not possess a current pyrotechnic license issued by the State of California.
Sec. 3308.6 Fire Protection.
When required by the Fire Code Official, the pyrotechnic operator shall provide portable fire extinguishers for the discharge area and arrange for standby fire apparatus for protection down range. The pyrotechnic operator shall bear the costs for such fire protection, including such costs for Fire Department equipment, apparatus and staff.