Chapter 8.05
FIREWORKS CONTROL
Sections:
8.05.005 Authority and purpose.
8.05.030 Permit to sell saleable fireworks.
8.05.032 Limit on number of permits.
8.05.034 Regulation of permittee operations.
8.05.060 Exempt sales and uses.
8.05.070 Penalties for violations.
8.05.080 Building requirements.
8.05.090 Storage of dangerous fireworks.
8.05.005 Authority and purpose.
The City of Houston has adopted this chapter to exercise the authority granted by AS 18.72.060 to regulate more restrictively in the offering for sale, exposure for sale, sale, use, or explosion of fireworks. (Ord. 00-03, 2000; Ord. 09-06 § 4, 2009; Ord. 20-10 § 1, 2021)
8.05.010 Definitions.
In this chapter, unless the context otherwise requires:
A. “Dangerous fireworks” means all fireworks not otherwise defined as saleable fireworks.
B. “Exploding mixed target” means a mixture or combination of chemicals that can explode, detonate, or deflagrate upon impact by firearms ammunition projectile. This includes commercial or homemade binary mixtures or synthesized energetic material.
C. “Saleable fireworks” means fireworks defined as such in AS 18.72.100 as amended from time to time.
D. “Personal and private use” means to use, ignite, detonate, or explode saleable fireworks on private property with the permission of the property owner.
E. “Public display” means to use, ignite, detonate, or explode dangerous fireworks or to use, ignite, detonate or explode saleable fireworks on public property. (Ord. 88-01, 1988; Ord. 00-03, 2000; Ord. 09-06 § 4, 2009; Ord. 20-10 § 1, 2021)
8.05.020 Sale of fireworks.
The retail sale of saleable fireworks in compliance with all federal, state and local regulations and the provisions of this chapter is permitted. All other retail sales of fireworks is prohibited. (Ord. 88-01, 1988; Ord. 00-03, 2000; Ord. 09-06 § 4, 2009)
8.05.030 Permit to sell saleable fireworks.
A. Permit Required. No person may sell, expose for sale, or offer for sale any saleable fireworks in the City except in accordance with a permit issued to the person under this section. A permit is issued for a calendar year, becomes effective upon the later of January 1st of the calendar year and the date of its issuance, and expires on December 31st of the calendar year.
B. Permit Fee. The permittee shall pay an annual fee of $5,000 for a permit. The permit fee may be paid in two installments of $2,500, the first being due no later than the submission of the permit application, and the second being due no later than 12:00 noon on the last business day before July 15th of that calendar year. The permit fee payments are nonrefundable upon the issuance of the permit.
C. Permit Application. The applicant or the applicant’s authorized representative must deliver personally to the City Clerk the application for a permit and payment of the first installment for such permit under this chapter no later than 12:00 noon on the last business day in January of the year for which the permit is to be issued. The City will not accept any application for a permit to sell saleable fireworks during a calendar year after 12:00 noon on the last business day in January of the calendar year. The application shall be on a form approved by the City Clerk, shall be signed by the applicant or the applicant’s authorized representative, and shall include:
1. The name and address of the applicant, and the name under which the applicant will do business under the permit;
2. If the applicant is not a natural person, the name and address of the adult officer, employee or agent of the applicant who will supervise operations of the applicant under the permit;
3. The location at which the applicant will do business under the permit;
4. Proof that the applicant holds a valid, current permit to sell fireworks issued by the state of Alaska; and
5. Proof that the applicant holds a valid, current City business license.
D. Action on Application. If the City Clerk finds that a permit application is complete and timely, is accompanied by the annual permit fee, and meets all of the requirements in this chapter for the issuance of a permit, the City Clerk shall issue the permit. If the City Clerk finds that a permit application meets all of the requirements in this chapter for the issuance of a permit except that the issuance of the permit would cause the number of permits to exceed the number of permits authorized at that time, the City Clerk shall refer the application to the City Council for review under HMC 8.05.032.
E. Permit Renewal. A permittee may renew a permit for the next calendar year by delivering personally to the City Clerk the first $2,500 installment of the $5,000 annual permit fee and proof that the permittee holds a valid current City business license, on or before 12:00 noon on the last business day in December. The permit fee may be paid in two installments of $2,500, the first being due no later than the submission of the permit renewal application, and the second being due no later than 12:00 noon on the last business day before July 15th of the permit year.
F. Permit Transfer. A permittee may not transfer a permit, or any right to sell fireworks under the permit, without the prior approval of the Council. The Council shall approve a permit transfer only after finding that the transferee is qualified to hold the permit under this chapter. (Ord. 88-01, 1988; Ord. 89-01, 1989; Ord. 89-13, 1989; Ord. 90-08, 1990; Ord. 92-04, 1992; Ord. 96-06, 1996; Ord. 99-02, 1999; Ord. 99-04, 1999; Ord. 00-03, 2000; Ord. 05-02 § 4, 2005; Ord. 08-07 § 4, 2008; Ord. 09-06 § 4, 2009)
8.05.032 Limit on number of permits.
A. No more than four permits to sell fireworks may be in effect at any one time with the following exception. The City Council may increase or decrease the maximum number of permits for the next calendar year if it finds that public convenience and necessity require the increase or decrease; and provided, that a number greater than four permits shall not be issued unless there is a finding by the Council there exists a ratio of less than one permit for every 3,000 people residing in the City of Houston; and provided further, that no decrease in the maximum number of permits shall have the effect of revoking or preventing the renewal of any existing permit.
B. If an outstanding permit is not renewed, the City Council shall determine whether to reduce the number of authorized permits to the number of permits that remain outstanding or to maintain the previous authorized number of permits. Before deciding to reissue a permit that was not renewed, the Council must make the same findings that are required for an increase in the number of permits under subsection (A) of this section. If the Council decides to reissue a permit that was not renewed, the City Clerk shall publish and post notice to the public soliciting applications for a permit to replace the expired permit. Applications shall be submitted to the City Clerk with the information and permit fee required in HMC 8.05.030. If qualified applicants submit more applications meeting the requirements of HMC 8.05.030 than the number of available permits, the City Clerk shall determine by lot which applicants will receive the available permits. (Ord. 09-06 § 4, 2009)
8.05.034 Regulation of permittee operations.
A. When a person is initially issued a permit under this chapter, the person shall not open for business until the Fire Chief has inspected the premises where the person will sell fireworks, and determined that the premises comply with the requirements of this chapter.
B. A permittee may sell fireworks only at a single location for each permit, and shall give the City Clerk 90 days’ notice of any change in that location. After a change in location, a permittee may not reopen until the premises have been inspected by the Fire Chief. Two or more permits may be used at the same location.
C. Within 60 days after any change in the officer, employee or agent of the applicant designated to supervise operations under a permit, the permittee shall notify the City Clerk in writing of the name and address of the successor.
D. The Fire Chief may inspect the premises where a permittee sells fireworks at any time to determine whether the permittee is complying with applicable legal requirements, including without limitation those pertaining to:
1. Display of City and state permits to sell fireworks;
2. All applicable state and federal regulations;
3. Types of fireworks permitted to be offered for sale;
4. Display of required safety literature;
5. Fire suppression equipment;
6. Properly marked and accessible exits; and
7. No smoking signs.
E. Restrictions on Sale and Use. If at any time the State of Alaska Division of Forestry declares that the fire danger is very high or extreme, the Fire Chief may restrict the sale or use of any or all fireworks and exploding mixed targets upon finding that the restriction is necessary for public safety due to weather or fire hazard conditions.
F. In operating under a permit, the permittee shall comply with the following requirements:
1. The premises where fireworks are sold shall be located in a commercial district, as shown on the Land Use District Map of the City of Houston, adopted under Chapter 10.02 HMC, and comply with the requirements for signs and parking specified in HMC 10.03.070.
2. The permittee shall comply with all safety requirements for the sale of fireworks in federal and state statutes and regulations, and as established by the State Fire Marshal, and shall distribute safety literature to each fireworks purchaser.
3. The permittee shall not sell fireworks to a person who is under the age of 18 years per International Fire Code.
4. The permittee shall be required to post any safety notices or legal notices as required by the Houston Fire Chief or Mayor which may include notices from the State of Alaska, Division of Forestry, the Matanuska-Susitna Borough, the City of Wasilla, the City of Palmer, and the Municipality of Anchorage.
5. The permittee shall not sell fireworks or exploding mixed targets to any person who appears to be intoxicated.
G. Where the Fire Chief finds that a permittee is operating in violation of any applicable legal requirement, the following actions can occur:
1. In the case of a violation of this chapter, the Fire Chief may issue a notice to correct and/or a citation to the permittee. The citation penalty for the selling of fireworks in violation of this chapter may be up to $300.00.
2. The Fire Chief may order the closure of the premises, in the case of a life safety violation as determined by the Fire Chief, where the permittee sells fireworks and the discontinuance of all fireworks sales by the permittee until the violation is corrected.
3. A permittee may appeal an order or citation issued under this subsection to the Council by appearing as a “person to be heard” at the next regular Council meeting and presenting the reasons for the appeal to the City Council. After hearing the permittee, the City Council may affirm, modify or reverse the order appealed from. In the interim, a permittee may request an emergency appeal to the Mayor until such time as the City Council convenes. (Ord. 09-06 § 4, 2009; Ord. 20-10 § 1, 2021)
8.05.040 Controlled use.
A. It is unlawful for any person to discharge or explode any fireworks, except as otherwise provided in this chapter, within any City park or upon any public property or rights-of-way.
B. Subject to any limitations in other sections of this chapter, a person may use saleable fireworks within the City for personal and private use on real property owned by the person, or on real property owned by another with prior consent of the property owner.
C. The sale of fireworks to any person under the age of 18 is prohibited. It is unlawful for persons under 18 years of age to purchase fireworks. Purchasers of fireworks must show proof of age upon request by seller.
D. The sale of the following types of saleable fireworks is prohibited: pop bottle rockets.
E. It is unlawful for any person under the influence of alcohol to discharge or explode fireworks or exploding mixed targets. The penalty for violation of this subsection may result in seizure of the fireworks and/or a fine of up to $300.00.
F. It is unlawful for any person to negligently or unlawfully discharge fireworks or exploding mixed targets in a manner that could reasonably cause harm to life and property. Any such use, ignition, detonation or explosion of fireworks or exploding mixed targets may result in seizure of the fireworks and/or exploding mixed targets and/or a fine of up to $300.00. (Ord. 88-01, 1988; Ord. 96-06, 1996; Ord. 97-06, 1997; Ord. 00-03, 2000; Ord. 09-06 § 4, 2009; Ord. 20-10 § 1, 2021)
8.05.050 Authorized displays.
A. Fireworks may be used for public displays if:
1. A permit for a public display of fireworks is obtained from the City Mayor or designee after approval of the Fire Chief or designee; and
2. The holder of the permit has in effect an insurance policy that names the City of Houston as an additional insured. The amount of insurance policy will be determined by the nature of the event per Alaska State Fire Marshal Guidelines; and
3. Proof of authorization for the display from the Alaska State Fire Marshal’s Office is presented to the Mayor or designee prior to the display, when the display requires a state permit per Alaska Statutes and Regulations.
B. In determining whether to issue or deny a permit for the use of fireworks at a public display, the Mayor or designee shall consider the following:
1. The location of the proposed display and the surrounding property;
2. The type of fireworks of the proposed display;
3. The danger of the proposed display to persons and property;
4. The experience and competency of the person in charge of the proposed display in the use of fireworks; and
5. The date, time and expected duration of the proposed display.
C. No display permit is transferable under this chapter.
D. Display permits will be issued only for a specific location.
E. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or stored in a safe manner for those particular types of fireworks.
F. Any permit provided by the City shall be considered immediately revoked and forfeit if there is a failure to obtain authorization from the State of Alaska Department of Public Safety and provide that proof to the Mayor or designee prior to the scheduled start time of the event. (Ord. 88-01, 1988; Ord. 97-06, 1997; Ord. 00-03, 2000; Ord. 09-06 § 4, 2009; Ord. 17-26 § 5, 2018)
8.05.060 Exempt sales and uses.
Nothing in this chapter shall be construed to prohibit:
A. Any resident wholesaler, dealer or jobber from selling at wholesale those fireworks which are not prohibited by this chapter;
B. The sale of any kind of fireworks which are to be shipped directly from the state in accordance with regulations of the United States Department of Transportation;
C. The use of fireworks by railroads or other transportation agencies for signal purposes of illumination;
D. The sale or use of blank cartridges for a show or theater;
E. The use of fireworks for signal or ceremonial purposes in athletic events or parades;
F. Use by public safety personnel;
G. Use by military organizations. (Ord. 88-01, 1988; Ord. 09-06 § 4, 2009)
8.05.070 Penalties for violations.
Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof may be fined an amount not to exceed $300.00, and may be assessed additional costs of prosecution for each separate offense. (Ord. 88-01, 1988; Ord. 00-03, 2000; Ord. 05-11 § 3, 2005; Ord. 09-06 § 4, 2009)
8.05.080 Building requirements.
Fireworks sales shall be permitted only within permanent, inside sales, structures that comply with the current state of Alaska building and fire code requirement. (International Building Code 2009 Edition 13AAC50.010 through 13 AAC 50.075). Structures used for the inside sales of fireworks shall be classified as H-3 Occupancy (Consumer Fireworks, 1.4G) pursuant to IBC Section 307.5 or as amended by the state of Alaska. The permittees will have three years from the end of the calendar year in which such ordinance is adopted to build new structures that comply with the ordinance. On a case-by-case basis, and for good cause, the city council may grant extensions to this requirement. (Ord. 16-31 § 4, 2017; Ord. 13-28 § 4, 2013; Ord. 09-06 § 4, 2009)
8.05.090 Storage of dangerous fireworks.
A. All storage of dangerous fireworks shall be in compliance with all local, state and federal regulations.
B. A storage permit must be obtained from the City of Houston for the storage of dangerous fireworks. The annual fee that is payable by a person who holds a permit to sell saleable fireworks under this chapter for a permit to store dangerous fireworks at the location where the person is permitted to sell saleable fireworks shall be $100.00. In all other cases, the annual fee for a permit to store dangerous fireworks shall be $1,500.
C. Storage shall be subject to inspection by the Houston Fire Chief.
D. The requirements of this section do not apply to the temporary storage of fireworks for 30 calendar days or less for use in a public display that has been permitted by the City of Houston under HMC 8.05.050. (Ord. 09-06 § 4, 2009)