Explosives and Fireworks
The BFPD Fire Protection Code states the following information regarding Fireworks and Displays.
To see the full code please see Ordinance #24. All Firework and Explosive related items must also adhere to the National Fire Protection Association (NFPA) Standards and the 2012 International Code Council (ICC) Fire Code.
Index of Firework and Explosive Related Items
Chapter 56 – Explosives and Fireworks
F-5601.2.1.1 Permit Requirements (page 333)
Application for such permit to possess, store, stock, use or hold for sale those items not prohibited as stated in F-5601.3 shall contain the following information:
1. Name of Applicant
2. Address of Applicant
3. Place and Name of Business
4 .Name of responsible person.
5. Certification Number
6. Location of blasting site
7. Name of Insurance Co. and proof of insurance
8. If for storage, amount of each kind of explosives, blasting agents or blasting caps applicant intends to stock or store at any one time and the location and type of construction of magazine or storage place of same.
9. Emergency contact number, day, or night.
10. Type of agents.
11. Distance to closest structure.
12. Pre blast survey
F-5601.2.1.2 Permit Shall Be Granted When (page 333)
A person shall be entitled to a permit to store, stock or use explosives, or blasting agents in the district who has met the following requirements:
1. File an application as provided in F-5601.2.1.1
2. Secured whatever construction, occupancy, or other permits which each applicant may otherwise be required by law to obtain.
3. Obtain the proper storage facility for storage of such explosives as the same may be required by this chapter.
F-5601.2.4 Financial Responsibility (page 333)
In addition to the above information, the following shall be required and attached to the application for a permit a certificate of liability insurance in the minimum amount of one million dollars ($1,000,000.00) for injury to persons and property resulting from the blasting operations. Such insurance shall be carried in a form of corporation, which has been duly licensed or permitted to carry on such business, in the State of Missouri and shall be kept and maintained continuously in force and effect for the duration of the blasting permit.
F-5601.2.4.2 Fireworks Display (page 333)
The permit holder shall furnish a bond or certificate of insurance in the amount of $1,000,000.00 dollars 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.
F-5601.4 Qualifications (Page 334)
Persons in charge of magazines, blasting, fireworks display or pyrotechnic special effect operations shall not be under the influence of alcohol or drugs which impair sensory or motor skills, shall be at least 21 years of age, and shall demonstrate knowledge of all safety precautions related to the storage, handling or use of explosives, explosive materials or fireworks. Any person requesting a blasting permit must be licensed with the State of Missouri.
F-5601.8.1.1.1 Limits Of Storage (Page 334)
The limits for the storage of explosives and blasting agents shall be the limits established by the Franklin County, Missouri Zoning Ordinances.
F-5602.1 Definitions (Page 336-337)
Scaled Distance: Shall mean the actual distance (in feet) to the nearest structure, divided by the square root of the maximum explosive weight (in pounds) per millisecond (or greater) delay. If delay intervals less that 8 milliseconds are employed or if instantaneous blasting is employed, scaled distance shall be computed by dividing the actual distance (in feet) by the square root of the total explosive weight in pounds.
Uncontrolled Structures: shall mean any building not owned or controlled by the explosive user.
Controlled Structure: is defined as any structure that is owned or controlled by the explosive user.
F-5607.1.1 Explosives Delivered To Site (Page 347)
Excessively large amounts of explosives shall not be delivered to the loading area at one time. If deliveries of explosives are made by truck, the quantity permitted at or near the loading operation shall be limited to one truckload. Other trucks loaded with explosives shall wait or be unloaded in separate safe place away from the loading operations.
F-5607.1.2 Caps (Page 347)
Caps shall be brought to the loading area not attached to detonating fuse until all is in readiness for the blast.
F-5607.1.3 Blasting Records (Page 347)
A blasting record known as a log shall be kept on the site of any blasting operation. This log shall be made available to the Fire Marshal or his authorized agents on demand. This record shall be maintained available for inspection for a period of one (1) year after such blasting operations are completed.
F-5607.1.4 Falsification (Page 347)
Any falsification alteration or misrepresentation of any records of blasting operations will be cause for suspension or revocation of blasting permit as well as other penalty provisions of this Ordinance.
F-5607.1.5 Permit For Storage (Page 347)
Permits to store explosives or blasting agents shall expire at the expiration of twelve (12) months from date of issuance, or when location of magazine is changed.
F-5607.1.6 Permit To Blast (Page 347)
A permit to blast shall expire on the date specified on the permit issued by the Fire Marshal, but may be extended by the Fire Marshal.
F-5607.1.7 Suspension (Page 347)
All permits issued pursuant to this Ordinance may be suspended by the Fire Marshal for good cause shown.
F-5607.1.8 Feet To Roadway (Page 347)
When the point of explosion is within three hundred and fifty (350) feet of a roadway, the responsible person shall, just prior to the blast, designate a sufficient number of employees of the operation, each carrying a red warning flag, to stop all vehicular and pedestrian traffic on each possible route of travel within three hundred fifty (350) feet of the point of explosion until the blast has been fired or at a distance required by the Fire Marshal, which ever is greater.
F-5607.1.9 Sounding Of Horn (Page 347)
The sounding of a horn shall be required when any blasting is being done. The horn or horns shall be sounded two (2) minutes prior to the blast or as required by the Fire Marshal. The distance that the horn must be heard shall be a minimum of 1,000 feet except further distances may be required by the Fire Marshal. The sound of the horn must be a distinctive sound different than other horns used in the area. The length of the horn sounding shall be thirty seconds, 2 minutes prior to the blast.
F-5607.1.10 Restricted Hours (Page 347)
It shall be unlawful for any person to explode, or cause to be exploded, any gunpowder, dynamite, giant powder, cotton gun, or other explosives as herein defined for any purpose during the hours of 5:00 p.m. to 10:00 a.m., except that a special permit to use explosives during the hours of 5:00 p.m. to 10:00 a.m. may be issued by the Fire Marshal when the Fire Marshal determines that conditions beyond the control of the person seeking a special permit, prevents such person from using explosives during normally permitted hours. Special permission must be granted before any blasting operations are conducted on either Saturday or Sunday. This can only be given by the fire marshal.
F-5607.1.11 Air Blast (Page 347)
Air blast shall be controlled so that it does not exceed the maximum limits specified below at any uncontrolled structure:
|LOWER FREQUENCY LIMITS OF MEASURING SYSTEM
|MAXIMUM LEVEL IN DB
LEVEL IN DB
|0.1Hz or lower- flat response
|2 Hz or lower- flat response
|6 Hz or lower- flat response
|C-weighted- slow response
2. All measuring systems used shall have a flat frequency response of at least 200 Hz at upper end.
3 .Those permitted persons may satisfy the provisions of this section by meeting any of the four (4) specifications herein or this section; provided however, the 0.1 Hz or lower flat response or C-weighted slow response can only be used if approved by the Fire Marshal.
F-5607.1.12 Vibrations (Page 347)
1. Ground Vibrations: In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of any one of the three mutually perpendicular Components of the ground motion in the vertical and horizontal directions shall not exceed two (2) inches per second. Less than two (2) inches per second can be required from the Fire Marshal at any time during term of permit. When blasting operations are contemplated which result in ground vibrations that would have a particle velocity of any of three (3) mutually perpendicular components in excess or two (2) inches per second, blasting operations may proceed after receiving written consent from the property owner or owners affected and the Fire Marshal.
2. Instrumentation: Instrumentation shall be required in good operating condition and be properly calibrated with a current (within one year of date of use) calibration sticker affixed to each instrument. If an instrument is found to be not operating properly or out of calibration, blasting operations shall be halted until the appropriate repairs or re-calibration are performed or a proper instrument is proved. Seismograph operator shall be trained in the use of that instrument.
3. Seismograph: Seismograph shall be required on all blast sites. The Seismograph shall be placed at or near the closest uncontrolled structure.
4. Reading Daily: The Fire Marshal may require a written report of the daily seismograph reading.
5. Pre-blast Survey: All property owners within 500 feet of a blasting site shall be notified by certified mail that blasting operations will be taking place and that pre-blast surveys are being offered at the blasters expense. A list of homes surveyed must be made available to the Fire Marshal at the time of permit application. Approval can be granted without pre-blast survey when in writing from the property owner and the Fire Marshal. A pre-blast survey may not be required if the Scaled Distance is less that 30. “Scaled distance” means the actual distance in feet divided by the square root of the maximum explosive weight in pounds that is detonated per delay period for delay intervals of eight (8) milliseconds or greater. If delay intervals less than eight (8) milliseconds are employed or if instantaneous blasting is employed. Scaled Distance shall be computed by dividing the actual distance in feet by the square root of the total explosive weight in pounds.
F-5607.1.13 Quarry Operations (Page 347)
When ground motion characteristics for any given quarry operation have been determined by the Fire Marshal, based on instrumentation data submitted by the Operator, the allowable quantity distance relations between the amount of explosives used in primary blasting and the distance from blast area shall be determined from the accepted results of instrumentation at the given blast operation for the various weights of explosives used. The maximum amplitudes shall not exceed those given in the table of F-3007.1.68.
F-5607.1.14 Buffer (Page 347)
A buffer of 1,200 feet shall be maintained between quarry blasting operations and all occupied uncontrolled structures. In addition, a minimum distance of 400 feet to any other property line, except property lines owned by the owners of the quarry shall be maintained.
F-5607.3 Blasting In Congested Areas (Page 348)
When blasting is done in a congested area or in close; proximity to a structure, railway, or highway, or any other installations, precautions shall be taken to minimize earth vibrations and air blast effects. Blasting matting (which may include earth) shall be required when blasting operations / or geological conditions create fly rock that could damage or injure persons or property, or at the decision of the Fire Marshal.
F-5610.1 Retail Display And Sale (Page 349)
Insert the following sections:
F-5610.2 Scope (Page 349)
The manufacture of fireworks is prohibited within the Boles Fire Protection District (hereafter referred to as the district). The sale, distribution, possession, and use of fireworks within the District without a permit are also prohibited.
F-5610.3 Permit Required (Page 349)
Before any permit shall be issued for any fireworks stand and or tent, the applicant shall pay the permit fee, determined according to the floor dimensions of the fireworks stand as measured by the outside dimensions of the stand and or tent, and calculated at the rate of one dollar and fifty cent ($1.50) per square foot for Temporary Fireworks stand or tent.
F-5610.4 Fees For Fireworks Displays (Page 349)
Any person wishing to discharge fireworks within the district, which are used for exhibition purposes at fairs, celebrations, or any other public gathering, shall pay to the district a fee of $200.00 for a six month permit or $400.00 for a one year permit prior to the discharge of any fireworks subject to this provision.
F-5610.5 Permit Application (Page 349)
Application for permit shall be made in writing. The sale, possession, uses, and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be issued to a person under eighteen (18) years of age. All applications shall be accompanied by:
1. Written proof of ownership of property or valid lease or rental agreement permitting operations thereon.
2. One copy of plot plan showing:
a. The location of the place that the operation will take place
b. Lot lines
c. Existing structures
d. Distance from structures to lot lines and operation
e. Spectator viewing area
f. Parking areas for public and emergency vehicles
g. Distance from stand to lot lines
h. Emergency evacuation plan
3. One application must be filled out for each stand or tent.
4. Furnish a bond or certificate of insurance in the amount of (one million dollars) ($1,000,000.00) for payment of all potential damages to persons or to property by reason of the permitted display, and arising from any acts of the permit holder, agent, employees or subcontractors.
F-5610.5.1 Displays (Page 349)
A display shall require a permit and the application shall have the following information included on the site plan:
A. Dimensions of the discharge and fallout areas
B. Location of fireworks storage areas and time of the event
C. Spectator viewing area
D. Significant building area
E. Parking for emergency vehicles and public parking
F. North Arrow
G. Primary Operator License
H .Display personnel licenses, permits, certificates of fitness.
I. Insurance – minimum of $1,000,000 (One Million Dollar Coverage).
J. Number of shells, size, and type.
K. Design of rack being used.
L. Emergency evacuation plan
F-5610.6 Definitions (Page 349)
Display: An exhibition to the general public, either with or without fee or admission charge, which presents for public entertainment, or for patriotic purpose, an exhibition of fireworks arrangements and detonation, and which is created, set up and detonated or discharged by a person or organization which is in the business or handling, setting up, providing, and detonation or discharging fireworks for public as a regular or usual occupation.
Distributor: A person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits, including any person that imported fireworks of any kind in any manner in the district.
Fireworks Season: The period between the twentieth day of June through the tenth day of July and period between the twentieth day of December through the second day of January of each year, shall be the only periods of time that seasonal retailers may be permitted to sell fireworks.
Jobber: Any person engaged in the business of making sales of fireworks at wholesale or retail, within the district to non-licensed buyers form outside the State of Missouri for use and distribution outside the State of Missouri during a calendar year from the first day of January through the thirty-first day of December.
Manufacturer: Any person engaged in the making, manufacturing assembly or construction of fireworks of any kind.
Sale: An exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person whither as a principal proprietor, salesman, agent, association, co-partnership, or one or more individuals.
Seasonal Retailer: Any person within the district engaged in the business of making sales of fireworks in the district during the fireworks season and may be defined by this code or the revised statutes of the State of Missouri.
Wholesales: Any person engaged in the business of making sale of fireworks to any other person engaged in the business of making sale of fireworks at retail within the district.
Prohibited Fireworks: All items of special UN1.36 commercial type saluted known as “cherry bombs”, “M80’s”, and various tabular salutes which exceed the limits of permitted D.O.T. Class UN 1.46 common fireworks items as to explosive composition designed to produce an audible effect and expressly prohibited from shipment into, manufacture, possession, sale and use within the district for any purpose.
Permissible Fireworks: It shall be unlawful for any person to possess, sell or use within the district, or ship into the district, except as provided for special fireworks, any pyrotechnics commonly known as fireworks other than items now or hereafter classified as class UN 1.46 common fireworks, by the United States Department of Transportation or those items that comply with the construction, commercial composition, and labeling regulations promulgated by the United States Consumer Protection Safety Commission and permitted for use by the general public under their regulations. Items prohibited shall include items which are not classified by the Untied States Department of Transportation as “Common Fireworks” but identified under the regulations as trick noise makers, toy novelties, toy smoke devices, and sparklers, and shall include toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items and wire sparklers containing any chlorate or pre-chlorate salts may not exceed five grams of composition per item. Matches, toy pistols, toy canes, toy guns, party popper’s, or other devices in which paper caps containing twenty five hundred grains or less of explosive compound provided that they are so constructed that the hand cannot come into contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty five hundred grains of explosive mixture shall be permitted for sale and use at all times and shall not be regulated by the provision of this ordinance.
F-5610.7 Special Fireworks (Page 349)
Nothing in this code shall be construed to apply to the shipping, sale possession and use of special fireworks for public display by holders of a permit for public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the Alcohol, Tobacco and Firearms Division of the United States Treasury Department. Possession and sale of special fireworks shall be limited to a holder of a federal license or permit issued for display of fireworks. Possession of special fireworks for resale to holders of a permit for pubic display shall be confined to holders of a manufacturer’s of distributor’s permit only.
F-5610.8 Seizure Of Fireworks (Page 349)
The Fire Marshal shall seize, take, or remove or cause to be removed at the expense of the owner, all stock of fireworks offered or exposed for display or sale, stored, or held in violation of this ordinance.
F-5610.9 Sale of Fireworks (Page 349)
No person, corporation, or other entity of any kind shall conduct, or cause to be conducted, or keep or maintain or operate any stand or store or other place for the sale, or for offering for sale, or any fireworks, within the district. Any person, corporation, or their entity shall first obtain from the Fire Marshal a permit therefore, before issuing any such permit, the Fire Marshal shall issued such permit only if satisfied after such investigation, that the conduct of such stand in that location will be in complete compliance with the applicable provisions of the ordinance of the district and the revised Statutes of the State of Missouri.
F-5610.10 Permissible Items Sold When (Page 349)
Permissible items of fireworks may be sold at retail by holders of a permit during the selling periods of the twentieth (20th) day of June through the tenth (10th) day of July and the twentieth (20th) day of December through the second (2nd) day of January.
F-5610.11 Egress (Page 349)
All stands shall provide not less than two (2) means of egress.
F-5610.12 Required Documentation (Page 349)
At all times that the stand is open for business; invoices, bills of sale, or shopping tickets, for all items on sale in the stand shall be available for inspection by the Fire Marshal at any time, so that the Fire Marshal may be informed on what is being offered for sale. Items not for sale may deviate from this rule only with permission of the Fire Marshal after inspection thereof.
F-5610.13 Restricted Locations (Page 349)
It shall be unlawful to expose fireworks to direct sunlight through glass to the merchandise display, except where the fireworks are in the original package. All fireworks, which the public may examine, shall be kept for sale in original package, except where an attendant is on duty at all times. Fireworks shall be kept out of reach of the public when an attendant is not on duty.
F-5610.14 Approved Locations of Buildings, Stands or Tents (Page 349)
No stand, tent or building used for the sale of any fireworks, shall be permitted within any residence or within any commercial building of any use group. Each stand, tent or building shall be located no closer than fifty (50) feet of any structure or occupancy. Fireworks shall not be stored, kept or sold within fifty (50) feet of any gasoline pump, gasoline filing station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon.
F-5610.15 Sleeping Within Stand (Page 349)
Sleeping within a fireworks stand, warehouse, storage, or place of sale of fireworks is prohibited.
F-5610.16 Fire Safety Requirements (Page 349)
The operator of any stand shall closely cut and remove all weeds, grass and similar vegetation and all dry or flammable residues from such cuttings. All trash, empty cartons, paper or other debris or flammable material from an area of twenty five (25) feet in all directions surrounding the outside of any stand as well as inside of all stands.
F-5610.17 Trash Containers (Page 349)
The operator shall also provide in the premises immediately adjacent to such stand, not less than two- (2) trash receptacles, of a kind and size approved by the Fire Marshal. The operator shall not less than hourly remove all trash, paper, and flammable debris of any kind from the stand and, which extends and one hundred (100) feet from the outside edge of the stand.
F-5610.18 Heating Units (Page 349)
No heating unit of any kind, nor any other device which emits flames or heat shall be kept or used within the stand.
F-5610.19 Electrical Wiring (Page 349)
Standard electrical lighting which conforms to the electrical system requirements of the current NFPA 70 National Electric Code and as follows:
1 .Electric service to stand may be #14 awg minimum 3 wire (type sj). Sjt. or approved heavy-duty rubber or thermo-plastic cord and 3 prong plug. Cord shall terminate inside stand in junction box adjacent externally locked door.
2. Junction box should contain two (2) switches, one to operate external rain tight security light at externally locked door and one to operate interior lighting and on duplex receptacle.
3. There shall be no external wiring, fixtures, or devices except security light attached to fireworks stand. General interior lighting should not exceed 3 watts per square foot. Any broken bulbs shall be replaced immediately. Miniature lamp holders are not permitted for interior or exterior lighting.
4. Electrical supply for external lighting or remote signs may be taken from remote electrical service and area not to be “within reach” of the general public. All cords supplying such lighting shall be approved for usage sized to carry the load and may except at the point of attachment, be “within reach” of the general public.
F-5610.20 Remote Electrical Service (Page 349)
1 Maximum size of service shall be rated 240 volt (Edison three wire) 30 amp and conform to latest Union Electric publication regarding such service.
2. Main service disconnecting means shall be readily accessible, encased in rain tight enclosure, sized to carry the load and shall disconnect all under- ground conductors.
3. Service ground shall be bare #8 awg copper wire attached to 5/8 x 8 foot copper weld ground rod by means of approved clamp; ground wire to rod connection shall be left exposed for inspection purposes.
4. Branch circuits shall be limited to two (2) duplex receptacles rated at fifteen (15) amp minimum encased in rain tight enclosure with rain tight covers. All new branch circuits shall be ground fault protected.
F-5610.21 No Smoking Provision (Page 349)
One or more signs reading (Fireworks, No Smoking) shall be displayed at all places where fireworks are stored or sold, with letters not less than four (4) inches in heights. Signs shall be displayed to be visible from all sides of the stand. It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes or any other open flame within twenty five (25) feet of where fireworks are offered for sale.
F-5610.22 Storage Of Fireworks (Page 349)
No passenger automobile shall be used on the location as a conveyance or storage place for any fireworks, nor any conveyance or vehicle of any kind can be used for storage or transportation of fireworks within fifty (50) feet of any fireworks stand.
Exceptions: During the actual period of time when merchandise is being unloaded from the conveyance or vehicle and stored within the stand, or is being taken by the customer, which should be done expeditiously.
F-5610.23 Storage Area Required To Be Locked (Page 349)
When not actually in use by personal or the operator therein, every such stand shall be locked in a manner approved by the Fire Marshal. All conveyances or vehicles on the stand premises, which are used for storage or transportation of fireworks by the operator, shall be closed and locked except when loading or unloading.
F-5610.24 Fire Extinguisher’s (Page 349)
At least two, two and one half (2 1/2) gallon-pressurized water fire extinguishers shall be kept within each such stand at all times one immediately adjacent to each exit. There shall be kept two (2) fifty-five (55) gallon drums filled with water at all times, with at least two (2) buckets hanging on each one, one drum shall be located at each exit of each such stand. Size of stand may require additional fire extinguishers.
F-5610.25 Discharge Of Fireworks (Page 349)
It shall be unlawful to explode or ignite fireworks within six hundred (600) feet of where fireworks are stored, sold or offered for sale. This shall apply to any pump dispensing devices. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle or at or near any person or group of people.
Nothing in this ordinance shall be constructed to prevent owner of stand or tent from demonstrating or testing fireworks. Any such demonstrating or testing shall require the notification and written approval of the Fire Marshal.
F-5610.26 Location of Gas Generators for tents (Page 349)
All generators shall be a minimum distance of twenty-five (25) feet from any tent or structure. Gas cans shall be kept in a different location at least twenty-five (25) feet from the generator and tent.