sr-050178Santa Monica, Cal:'`ornia, May 1, 1978
T0: Mayor and City Council
FROM: City Staff
SUBJECT: Sale of Safe and Sane Fireworks
~CU~o~"2°utl
Introduction
This report transmits 1) information to Council regarding sale of safe and
sane fireworks in cities in Los Angeles County; 2) a resolution and pro-
posed ordinance establishing regulations and permit fees to allow the sale
of safe and sane fireworks within the City of Santa Monica.
Background
City Council, at its regularly scheduled meeting of April 11, 1978, directed
staff to present a report regarding the sale of safe and sane fireworks and
directed that a resolution and ordinance be prepared to regulate such sales.
Safe and sane fireworks are currently sold in approximately 40 cities in
Los Angeles County: These fireworks are pyrotechnic devices which have
been tested and approved by the State Fire PQarshal of California as being
"safe and sane" as contrasted with other devices that have been declared
"dangerous" and prohibited for sale, use or possession in California.
In order to be approved by the-State Fire Marshal, safe and sane fireworks
must not explode, rise into the air, discharge balls of fire, dart or travel
around the ground in an uncontrolled manner or contain poisonous chemicals.
In general, they are devices which create an audible or visual effect without
being dangerous.
T0: Mayor and City Cc•,ncil -2- May 1, 1978
If the item submitted to the State Fire Marshal's Office for testing
passes the regular standards that are applied, the item may be lab led
"safe and sane" and carry the State Fire Marshal's seal of approval.
Survev Results
Staff contacted 26 cities in Los Angeles'County which allowed safe and
sane fireworks to be sold. Information was obtained regarding:
A) What groups may sell fireworks.
B) Number of stands permitted per group.
C) Criteria for granting permits.
D) Amount of permit fee.
E) Cleaning deposits.
F) Dates and hours of sale.
G) Location of stands.
Organizations Permitted to Sell Fireworks
Seventeen cities stated that only non-profit organizations based within
their jurisdictions were able to safe and sane fireworks. Three cities
stated only veteran groups were able to sell fireworks.
Number of Stand9 Permitted
Thirteen cities set forth a specific. limit on the number of permits issued
for the sale of fireworks because sale was limited to non-profit organi-
zations based within their city. Nine cities had a limit of one stand
per organization.
T0: Mayor and City (?-,ncil -3- MaY 1, 1978
Number of Permits
Staff arrived at a ratio of firework permits per population (City's population
divided by number of firework permits approved). This ratio ranged from one
permit (firework stand) per 608 people in San Fernando to one permit [firework stand)
per 5,113 people in West Covina
people.
Permit Fee
The average-ratio was one stand per 3,-059
Eighteen of the 26 cities stated that a permit fee was required in order for
an organization to obtain a permit to sell fireworks. These fees ranged from
$15.00 (in Pico Rivera and Lynwood) to $330.00 jin Redondo Beach). The average
permit fee was $145.39,
Cleaning Deposit
Twelve cities required a cleaning deposit. This fee would help to insure that
the area in which the firework stand existed would be cleared up by a given
date. These deposits ranged from $10.00 in Paramount to $200 in Monterey Park.
The average cleaning deposit was $61.25.
Current Sale - Period of Limitation
California State law states that fireworks can be sold from noon on June 28th
until noon on July 6th. Cities may authorize-the sale of fireworks within
these dates but may not authorize sale of fireworks outside this time frame.
Thus, many cities allow sale of fireworks from moon on June 28th until at least
midnight on July 4th. Twenty-five cities do not restrict hours of sale during
these dates, therefore, sale of fireworks exist 24 hours a day_during the
authorized dates.
T0: Mayor and Gity Cou""0l -4- May 2, 1978
Nine of the 26 cities allowed firework sales to begin at noon June 28th
and 12 cities prohibited sales after midnight July 4. Two cities allowed
firework sales to continue until noon July 6th.
Stand Location
Cities' Zoning Departments set forth various restrictions as to location of
firework stands. Most state that the fireworksstand operator must have the
written permission to sell fireworks from the property owner on which the
stand is located. Stands are permitted. only in certain zones and restrictions
are set forth regarding the distance between firework stands.
If Council allowed the sale bf safe and sane fireworks, they could be sold
in any commercial or industrial zone in the-City of Santa Monica under current
zoning regulations.
Other Requirements
Certain requirements are set forth by the cities which allow sale of .safe and
sane fireworks. Every city stated only adults were allowed to operate the
firework stand. All cities set forth restrictions governing the maintenance
of the stands.
Permit Process
Should Council decide to adopt an ordinance allowing the sale of safe and
sane fireworks in the City of Santa Monica, the following process should be
followed by groups wishing to obtain a permit to sell safe and sane fireworks:
1. Only non-profit organizations based in the City of Santa Monica
would be able to apply for a permit to sell safe and sane fireworks.
This will enable organizations who work for the benefit of the community
,'O: Mayor and City Cour'` l -S- May 2, 1978
to receive funds through the-sale of the fireworks
All applications
should be submitted annually by February 1st.
2. A copy of the written permission from the owner of the property on
which the stand is to be located would be submitted with each
application.
3. No more than five non-profit organiza"tions would be granted permits
to sell safe and sane fireworks. No more than one stand per organization
would be permitted.
4. If there are more than five applications, a lattery would be held at the
first regularly scheduled Council Meeting in March to determine which
five non-profit organizations based in the City of Santa Monica would
be allowed to sell safe and sane fireworks.
S. A permit fee of $150 would be required. This permit fee would cover
costs incurred for inspection by Fire and Building Department Personnel.
6. A cleaning deposit of $100 would be required. This will insure the
timely clean- up of the firework stand area, so that adjacent property
owners would not be concerned with debris causing a possible litter
condition. All debris would be cleared from the fireworks stand site
by noon on July 11th or the $100 cleaning deposit would not be refunded
and would be used to defer a City clean up cost.
7. Construction of a firework stand would not begin prior to June 15.
8. Only safe and sane fireworks would be sold within the City of Santa Monica.
Each permit would be valid only for these dates of sale: noon, June 28th
through midnight-July 4 (if July 4 falls on a Sunday, sales may then con-
time to midnight-July S).
'i`~9: Mayor and City Cour 1 -6- May 2, 1978
Recommendation
Staff recommends City. Council introduce the attached ordinance allowing
the sale of safe and sane fireworks in the City of Santa Monica with the
provisions outlined above and in the attached exhibit.
Prepared by:
Captain Robert Prickett
Fire Department
Mark C. Pusinelli
Administrative Aide
RP:MCP:dar
APPENDIX
SAFE AND SANE FIREWORKS ORDINANCE
1. Fireworks stands need not comply with the provisions of the
Building .Code. of the-City; provided, however, that all stands
be erected under the supervision of the Director of Building
and Safety who would require that stands be constructed in a
manner which: would reasonably insure the safety of attendants
and patrons;
2. If, in the judgment of the-Chief of the Fire Department or the
Director of Building and Safety, the construction of any stands
or the conduct of the operations therein: did not conform to the
provisions of this Article, such officers, or either of them,-,
may order-such stands immediately closed;
3. The-front of all fireworks stands would be completely enclosed
from the counter to the roof with hardware wire cloth, the opening
of which would not exceed one-quarter (1/4) inch in size; except
for opening to permit delivery of merchandise to the prospective
customer, which openings would not be larger than twelve (12) inches
by eighteen (18) inches in size;
4. No persons would be allowed in the interior of the stands except
those directly employed in the-sale of fireworks;
S. All persons engaged in the selling of fireworks would be over the
age of 21;
6. All merchandise would be stored or displayed at a distance of
not less than three (3) feet from the-front and sidewalk of
the stands;
7. No stand would be constructed which has a depth of more than
twelve (12) feet;
8. Each stand in excess of twenty (20) feet in length would have
at least two (2) exits;. and each stand in excess of thirty (30)
feet in length would have at .least three (3) exits spaced
approximately an equal distance apart; provided, however, that in
no case would the distance between exits exceed twenty (ZO) feet;
9. Exit doors would swing in the direction of egress and would comply
with subsections c) and d) of Section 3303 of the Uniform Building
Code;
10. Exits would be arranged so that there would be egress available
in at least two (2) directions from-any place within the stands,
which exits would be approximately diametrically opposed;
11. All stands would be equipped with at least one (1) fire exting-
uisher for each exit in the stand, which fire extinguishers must
be approved as to efficiency and safety by the Chief of the Fire
Department.
12. Stands in excess of two (2) would not be located closer than
two. thousand (2,000) feet apart;
13. No stand would be placed within ten (10) feet of a public way,
unless permission to do so k-first obtained from the City Council;
14. No stand would be located less than twenty (20) feet from any
side or rear property line, nor less than twenty (20) feet from
any other building or structure;
15. No motor vehicles, trailers, or campers would be parked or
allowed to remain closer than 25 feet from any stand at times
when fireworks are stored within the said stand;
16. All weeds and combustible material would be cleared from the
location of the stand, including a distance of at least twenty
(20) feet from any part of the stand;
17. Each stand would have an adult watchman in attendance and in
charge thereof when the stand is not being used for the sale
and dispensing of fireworks;
18. The sale of fireworks would not begin before 12:00 o'clock noon
on-the 28th day of June and would not continue after 12:00 o`clock
midnight on the 4th day of July (if the Fourth of July falls on a
Sunday, the sales would continue until midnight on the Sth).
19. All unsold stock and accompanying litter would be removed from
the location by 12:00 o'clock noon on the 6th day of July;
20. The fireworks stand would be removed from the .temporary location
by 12:00 o'clock noon on the 11th day of July, and all accompanying
litter would be cleared from said location by said time and date;
21. No person would be paid or receive any other consideration for
selling or otherwise participating in the sale of safe and sane
fireworks;
22. No smoking signs would be prominently displayed on the firework
stand. Size of lettering would be subject to the approval of the
Fire Chief.- No smoking would be allowed inside the stand or within
25 feet of the stand;
23. Fireworks would be sold at the stand only;
24. It would be unlawful to knowingly-sell fireworks to any person under
16 years of-age;
25. No person other-than the individuals who are members of the licensee
organization or the wives or husbands or-adult children over the age
o£ 21 of such members would sell ar otherwise participate in the sale
of fireworks at such stand;
26. No person other than the licensee organization would operate the
stand for which the license is issued or share or otherwise
participate in the profits of the operation of such stand;
27. Financial Statements
A. Each organization granted a permit during the prior year
would submit, at the time of filing application for a
firework stand permit, a verified financial statement
setting forth a total gross receipts from each stand from
which fireworks have been sold; all expenses incurred and
paid in connection with the purchase of the fireworks and
the sale thexeof; and a detailed analysis of the distribution
and use of .the .net proceeds.
B. The filing of such a verified financial statement would be
a condition precedent to the granting of any subsequent
permit to any such licensee.
28. Each stand would be located only in a commercial or industrial
zone in the City of Santa Monica;
29. Insurance in the amount of $1 million single limit liability
would be required by each stand operator.