Loading...
HomeMy WebLinkAboutR-2007-098 Eagle Fireworks Permit (re: Yakima Bears Baseball / Yakima County Stadium)RESOLUTION NO. R-2007- 98 A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the Yakima County Stadium, Yakima Bears Baseball. WHEREAS, Eagle Fireworks applied to the City for a public fireworks display permit to conduct a public fireworks display at Yakima County Stadium, July 7, 2007 at approximately 10:00 PM; and WHEREAS, Eagle Fireworks has complied with the requirements of Sections 10.15.040 and 10.15.050 of the City of Yakima Municipal Code in that it has shown proof of adequate insurance, and isthe holder of a valid State Fire Marshal Permit for such display and the Code Administration Manager has investigated and approved the location of such display, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Pursuant to the provisions of Section 10.15.040 of the. City of Yakima Municipal Code, this Resolution ratifies Eagle Fireworks' permit application approval for a public fireworks display according to the terms and conditions found upon the attached and incorporated permit application. ADOPTED BY THE CITY COUNCIL this 3rd day of July ATTEST: CITY CLERK , 2007. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 7, 2007 ITEM TITLE: Application for permit for Public Display of Fireworks SUBMITTED BY: Bill Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Doug Maples, Code Admin. & Planning Manager SUMMARY EXPLANATION: Eagle Fireworks has applied for a permit to conduct public fireworks displays at the Yakima County Stadium following the Yakima Bears baseball game July 7, 2007, at approximately 10:00 PM. Evidence of liability insurance, state permit and site plan are on file in the office of Code Administration. The Public Display of Fireworks application complies with the provisions of Chapter 10.15 of the Yakima Municipal Code. Resolution x Ordinance Contract Other (Specify) Public fireworks display permit Funding Source APPROVAL FOR SUBMITTAL: � A City Manager er STAFF RECOMMENDATION: Pass Resolution BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-98 t Updated: 6/16/06 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 3 a 5 Office of Code Administration * codes ® ci.yakima.wa.us Dong Maples, CBO, Code Admin. and Planning Manager * www. ci yakima.wa.us 129orthh Second Street, 2nd Floor You., Washington 98901 (509) 575-6126 or 575-6121 * Fax (509) 576-6576 APPLICATION FOR PERMIT FOR PUBLIC DISPLAY OF LEIREWORKS_AIDD/OR PYROTECHNICS DISPLAY WITHIN THE CITY LIMITS OF THE CITY OF YAKIMA (Application Must Be Submitted No Less Than 15 Days Prior to Fireworks Display Date) The undersigned does hereby apply this date (9C for a permit for public display of fireworks. The applicant shall provide a detailed site plan of the exact location of the display, along with the signature of the property owner or person responsible upon whose property the public display of fireworks is located. The applicant for a public display of fireworks shall, at the time of application, submit his license issued by the State Fire Marshall for inspection. In addition, the applicant shall submit a Certificate of Insurance in an amount not less than Fifty Thousand Dollars and One Million Dollars for each person and event respectively. And not less than Twenty -Five Thousand Dollars for property damage liability for each event and the Certificate of Insurance shall also name, as additional insured parties, the City of Yakima, its officers and employees acting in their capacity as agents of the City. Display Date: C`> ? 4 ? -- O 7 Display Location: Co c,&' / L ‘,71c -d , a .,,.c Signature of Responsible Person/Owner: Signature of WA St Licensed Pyrotechnic Operator: Reviewed by: Approved by: Enclosed: , Fire Code Inspector 1 (V( Site Plan ( Proof of Insurance , Code Admin & Planning Manager MINIMUM REQUIREMENTS FOR FIREWORKS DISPLAY CITY OF YAKIMA CODE ADMINISTRATION DIVISION 129 NORTH 2nd STREET, YAKIMA, WA 98901 Call (509) 575-6121 for appointments and information BUILDING CODE PROCEDURE 02-300 This procedure describes the process for the application of a Fireworks Display Permit conducted in Yakima, Washington under the Yakima Municipal Code, Chapter 10.15. WHEN IS A PERMIT REQUIRED? A permit is required for any person to make a public display of fireworks within the city limits of Yakima, Washington. PERMIT APPLICATION • An application to make a fireworks display shall be made in writing to the Code Administration Manager or his designee. • A fifty -dollar fee for each display and a $47.00 fee for plan review and site inspection; • The City Council may waive the fifty - dollar fee for student organizations; • Application shall be made at least fifteen days in advance of the proposed display for City Council approval; • The City Council may grant or deny the application and place reasonable conditions on any permit issued; • • The permit is not transferable. IL PYROTECHNIC OPERATOR • The applicant at the time of application for a public display of fireworks shall; • Submit their license issued by the State Fire Marshal for inspection; • Also, submit to the Code Administration Manager or his designee, a certificate of insurance in an amount not less than twenty-five thousand dollars and one million dollars for each person and event respectively; • And a certificate of insurance not less than twenty-five thousand dollars for property damage liability for each event; • The certificate of insurance shall also name as additional parties, the City of Yakima and its officers and employees acting in their capacity as agents of the city. • Displays are allowed until 10:00 p.m., displays after 10:00 p.m. require additional approval from the City Council III. SITE PLAN / INSPECTION A site plan must be provided indicating the location of the fireworks: • The site plan will be reviewed by a City of Yakima fire inspector; • A city of Yakima fire inspector will make a site inspection prior to the display. IV. AREA NOTIFICATION It is the responsibility of the applicant to notify the surrounding neighborhoods of the display as to the times and location and to supply Codes with notification flyer. V. STAFF NOTIFICATION City staff will contact the Fire and Police departments and fax them a copy of the application for their knowledge. Chapter 10.15 Fireworks 10.15.010 Definitions 10.15.015 Fireworks Ban 10.15.040 Permit for Public Display 10.15.050 Public Display Employee Compensation and Liability Insurance 10.15.065 Special Purchase and Use Permits 10.15.070 Unclassified Fireworks- Sales, Possession, etc. piuhibited 10.15.100 Enforcement 10.15.120 Violation- each day a separate, continuing offense 10.15.130 Severability 06— 2 2,07 Applicant Date -27 —07 Pyrotechnic Operator Date n,,,. , r ,.,.to. ,.,L. e,i.,,:,,:.e_,,j .,,, Rs. via.,..:.,.. It/fano .,A. r'.varot ,.1nnoim L_ �� �® PART I WA5N1NGTi P APPLICATI®IV CEFAPZPLI2 - 67 FOR PUBLIC FIREWORKS DISPLAY PERMIT TO: Governing body of city, town, or county in which display is to be conducted. APPLICANT S NAME+�+ ('4j/c-l./e10/✓CS_r�IG,� ADDRESS j "0.,Dok fC/q.S /- Waif LAIC. 9e0y.- �. PHONE 60)7V13-1.4;7 SPONSOR /11/c'b r 5 Dasc,dC/I .� - ADIDRESS �( c , ,,/l • 2-u-icp 5 1-r-'.' (�r4 /c•'s c , W c, C5o5) PHONE e%f 7 "-Cif 1 PYROTECHNIC OPERATOR NAME/j�,y,{y n M .74- �J-rLOcr) ADDRESS C % (� �/ U / V . ✓ �{r• 7-4 /9 (i� 1 /`Y /(••/� C., LICENSEc# 2 7 / g NAME OF ASSISTANTS: (at least one required) NAME /f ©'4 /Z B -C/ c ,S ADDRESS 2-1 Ce orc,1 C. Al Sc. %4 `i AGE NAME ADDRESS AGE EXACT LOCATION OF PROPOSED DISPLAY LOCATION t f}/c.`yr�. C00.vf SfGd"u, DATE ,,' C 7 TIME C,GG,,,t G NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED 3 Co ,7 °t 5V e...rl5 Z y /' / c // $ f ,' S c C. G/ c e MANNER & PLACE OF STORAGE PRIOR TO DISPLAY (Subject to approval of Local Fire Authority) K eC J ' £O < SI NATUR F APPLICANT FINANCIAL RESPONSIBILITY BONDING OR INSURANCE COMPANY (Mark One) K Bond or certificate of insurance attached ADDRESS es -,v f'. G o-cy A 41/ O J o j t c- C GQ SCA; A,v.fa ) ,'0 , f C>•G.S 7g L /G ❑ Bond or certificate of insurance on file with State Fire Marshal Bond or certificate of insurance shall provide minimum coverage of $50,000/$1,000,000 bodily injury liability for each person and event, respectively, and $25,000 property damage PART II PERMIT # PERMIT DATE. In accordance with the provisions of RCW 70.77 and applicable local ordinances, this permit is granted to conduct a fireworks display as per the ab ve app (cation. q9e, hreLv'v�s (Full name of person, firm, or corporation granted permit) NAME. RESTRICTIONS Permit not valid without verification of the appropriate State Fireworks License LICENSE NUMBER: C-013 ( (Signature of Official gr.,�ii g permit) (Instructions on reverse side) (Title) 3000-420-050 (R 02/05) Distribution: WHITE (A): Local Fire Authority; YELLOW (B): Permitee ' INSTRUCTIONS APPLICANT Complete Part 1 of the Applicaton and present both copies to the CheF Ffte Official of the city, town, or county in_ which the display is to be held If a Special Public Display License is contemplated, attach documentary pro -of of a surety bond or a certificate of public liability insurance covering the |imn'pariodofthe display. if the applicant already has a General Display License for_ displays at various locations, indicate that a bond or certificate of insurance is on file with the State Fire Marshal, covering the date and location of the, - display. General Public Display Licensees retain Copy "B" of the completed Application Copy 6" and the icense will authorize the purchase of the special fireworks isted on the Application. Copy "B shail be maintaned at the display site and made avaiiable 10 Iocal or state officials 10 verify the Permft and Lcense. CHIEF FIRE OFFICIAL / GOVERNING BODY ° Determine that the applicant is in possession of a current state fireworks license and that the Pyrotechnician holds a current license. " Make an invesligahon of the proposed site to determine whether the display will be hazardous to property or dangerous to life. Exercise reasonable discretion in evaluating fire hazards, vehicle parking, crowd control, storage prior to display, and general precautions against fire, exp!osion. or panic during the display (Use of NFPA 11 23 Public Display of Firew6rks is recommended for guidelines.) Submit your findings and recornmendations to the governing body for final decision or, in the event that this authority has been delogated to ycu, issue or deny the permit. If approved, the governing body or fire official should complete Part II of the Application and retain Copy "A" plus the documentary proof of nsurance, and return Copy "6" of the Applicaiion to the appficant. FIREWORKS WHOLESALER Possession by ththe applicani of Copy "B' of the cornpleted Application, signed by the localissuing authonty along with the license issued by the State Fire Marshal, shall serve as authorization to the wholesaler to sell the applicant the Special Fireworks listed on the Application, for use at the date and location specifiad. The Pyrotechnician's report, required to be filed by the Pyrotechnician within ten days following the display, will be retained by the State Fire Marshal as evidence of the display. RCW 70.77.285. FILING SURETY BOND OR CERTIFICATE OF INSURANCE. The applicant for a public display of fireworks permit shall, at the time of the application, file with the officer to whom the application is made, a bond issued by an authorized surety company to be approved by such officer, 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 ofofflreworks, or any negligence on the part of the applicant, or their agent, servants, employees, or sub -contractors in the presentation thereof, or a certificate of insurance evidencing the carrying of appropriate public liability insurance for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least such amount, said•poliCies to be similarly approved. RCyY7o.77.2s5.AMOUNT OFBOND OR|NSURANCE.. In the case of an application for a permit for the public .dispiay of fireworks, the amount of such a surety bond or certificate of insurance shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for eaph event. RCVV7V77355 ALTERNATIVE PROVISIONS FOR GENERAL LICENSEES. (1) Not wthstanding anyof the other provisions of this chapter relating to public liability insurance and bonds, any adult individual, concern, firm, corporatidn, or co -partnership may secure a general license for the public display of fireworks within the state of Washington subject to the provisions of this chapter relative to the securing of local permits for the public display of fireworks in any city or county, excePt that in lieu of filing the bonds or certificate of publiC liability insurance as regfaired in RCW 70.77,285 and 70 77.295, a surety bond similarly conditioned orucertificate evidencing public liability insurance inalike amount shall be-fi�d�iU`the StgeFie Marshal. The bond orne�ifivahsevidencing public |iabi|hyofinsurance inolike amount nhaUpmvidethat: (a) - �nnurerwiUnoioonuo| the insured's coverage without fifteen days prior written notice to the State Fire Marshal; (b) the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent conhactor and the state of Washington, Is officers, agents, employees and servants, are iricluded as additional nsured. but anly insofar as any operations under contract are concerned: and (c) the state is not responsible for any premium assessments on the policy. (2) The State Fire Marshal shall have the authority to issue -such licenses, subject to' such reasonable rules and regulations which he or she may adopt, rot nconsistent with the provisions of tnis chapter. Acertificate evidencing nuch.genem|license, when noobtained, shall be filed -with the legislative body or officer granting a permit for the public display of fireworks -prior to the issuance thereof. • • ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5//200 °""Y' PRODUCER Allied Specialty Insurance of Texas , Inc. 85 N.E. Loop 410, Suite 600 San Antonio, TX 78216 210-341-1321 • 800-235-8774 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED EAGLE FIREWORKS, INC. 1750 BUNKER CREEK CHEHALIS, WA 98532 INSURER A. T.H.E. Insurance Company A INSURER B: GENERAL INSURER C: M7MT4494 INSURER D: 05/01/08 INSURER E. $ THE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'LII JNSRQI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DO/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY M7MT4494 05/01/07 05/01/08 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ $ 1,000,000 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO- AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESS/UMBRELLA LIABILrFY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ —) $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below ' WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS DISPLAY DATE: 6 3 C - 07RAIN DATE: - / C3 7, LOCATION: (`-1,9 /c .4-7 c- c �,� f S �� J u AMOUNT: 2 , .3-0 c' — ADDITIONAL INSUREDS: •`'Fl/c ,i C. c... Dcr•,/.a C' 'j O E c'</4 I.'%IC.. AS RESPECTS COMMERCIAL GENERAL LIABILITY INSURANCE PERTAINING TO THE OPERATIONS OF THE NAMED INSURED ONLY. CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) Certificate # 013 ©ACORD CORPORATION 1988 ( eNs 7/ V er/ d_B y_Tla e City of akima . . ,*ashingMit State Patrol' fire Troiection Bureau Office Of The State Fire Marshal Washilitt6ELStAtt Fireworks License General Disnlav: In -State Representative: Phone Number: Date of Issue February 2, 2007 'Post :Qtficel3pN 105 Kent, WA 9863$ Stephen Thornton (360) 748-1937 Expiration Date January 31, 2008 7259 -"feral Display License Liee,Number C-01318 Detach this wallet card and carry with you for verification of certification. Washington State Patrol `Fire Profection:Bureau Office Of The State Fire Marshal EagleYiieworks, Inc. ,c -q1318.' TbeiietaDoOhy (360)748 1937 12 O08 General Display: License Number: Type orLicense: Phone Number: Expiration Date: 7259 W*hington State -Patrol f ire thieetion Plireau ' Office.01 T.e$tate Ffre Marshal Washington State Fireworks License • , , Pyrotechnic:Operator: Milton Brown , • 7812 erator cense • Licensee 'Location: 814 -South Asycritk''r , 2 - Yakima WA .' 98902 _ • , si1et card aid c4rfyWith*OO. for 4OrlfedfiOri:aoettifioariO,O.i;, - -PhoncNumber (O9) 594-7050 Date of Issue April 26, 2007 .1000-420,012 (R..9/05). - iriki'otectiO*Biirean TheStafaii*M4rslial - 1'2 • Expiration Date ' License Number January 31, 2008 P-02798' f8riticteehiliebtier1Or I Type of 1xp1rat1Qn Dat II*Own 64\ Operator 2008 State 'Fit* 'arshat'Sigiaatnre• Licensee Signattire