Ordinance No. 12,875ORDINANCE NO. 12,875
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 38 "FIRE PREVENTION AND
PROTECTION" ARTICLE VI "FIREWORKS," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 38 "FIRE
PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE NUMBERED
AND ENTITLED ARTICLE VI "EXPLOSIVES, FIREWORKS AND
PYROTECHNICS" TO PROVIDE REGULATIONS AND PERMITTING
REQUIREMENTS FOR THE SAFE USE OF FIREWORKS, PYROTECHNICS
AND EXPLOSIVES AND TO PROHIBIT THE STORAGE OF FIREWORKS,
PYROTECHNICS, AND EXPLOSIVES WITHIN THE CITY'S
JURISDICTION; AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE
V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION (3) "FIRE SERVICES" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD AN
APPLICATION FEES FOR A FIREWORKS OR PYROTECHNICS PERMIT
AND AN EXPLOSIVES PERMIT; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 34 "Fire Prevention and Protection," Article VI "Fireworks,"
of the Code of Ordinances, Baytown, Texas, is hereby repealed.
Section 2: That Chapter 34 "Fire Prevention and Protection" of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article to be numbered and
entitled Article VI "Explosives, Fireworks and Pyrotechnics," which article shall read as follows:
CHAPTER 38. FIRE PREVENTION AND PROTECTION
ARTICLE VI. EXPLOSIVES, FIREWORKS AND PYROTECHNICS
DIVISION 1. GENERALLY
Sec. 38-191. Defmitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Blaster means a person who:
1. either
a. detonates or otherwise effects the explosion of an explosive and is
employed by a user or
b. personally supervises another engaged in that activity; and
2. holds the appropriate licenses, permits and credentials necessary to receive,
possess, and use explosives in accordance with all applicable federal and state
laws and regulations.
Explosive means any substance, or combination of substances, the primary or common
purpose of which is detonation or rapid combustion and which is capable of a relatively
instantaneous or rapid release of gas and heat.
The term "explosive" includes, but is not limited to, the following:
1. Explosives as defined in Title 18 of the United States Code,
2. Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, propellant
explosives, detonating primers, blasting caps, commercial boosters, ammonium
nitrate -fuel oil mixture (blasting agent), or any explosives as defined in Section
841 of Title 18 of the United States Code and published pursuant to Section
555.23 of Title 27 of the Code of Federal Regulations, and
3. Substances determined to be division 1. 1, 1.2, 1.3, 1.5 or 1.6 explosives as
classified in Section 173.50 of Title 49 (1999) of the Code of Federal Regulations.
The term "explosive" does not include the following:
1. small arms ammunition, 50 pounds or less of black powder or smokeless small
arms powder, 25,000 small arms ammunition percussion caps or primers used for
small arms;
2. products being transported on any railway, navigable waters, or federal highway
which is compliant with United States Department of Transportation regulations
for their safe transport; or
3. energetic materials used by military or licensed public safety explosive ordinance
disposal technicians or law enforcement officers in the execution of their
sanctioned training or official duties.
Fire chief shall mean the chief of the city's fire department.
2
Fireworks means any composition or device:
1. designed for entertainment to produce a visible or audible effect by combustion,
explosion, deflagration, or detonation; and
2. listed by Section 555.23 of Title 27 of the Code of Federal Regulations as
Division 1.4, commonly referred to as Class 1.4G explosives.
The term "fireworks" does not include the following:
1. a toy pistol, toy cannon, toy gun, or other device that uses paper or plastic caps in
sheets, strips, rolls, or individual caps that contain not more than an average of 25
hundredths of a grain of explosive composition per cap and that is packed and
shipped under 49 C.F.R. Part 173 (1996);
2. a model rocket or model rocket motor designed, sold, and used to propel
recoverable aero models;
3. a propelling or expelling charge consisting of a mixture of sulfur, charcoal, and
potassium nitrate;
4. novelties or trick noisemakers;
5. pyrotechnic signaling devices or distress signals for marine, aviation, or highway
use in emergency situations;
6. a fusee or a railway torpedo by a railroad;
7. Small arms ammunition, black powder or smokeless small arms powder used for
loading small arms ammunition; or
8. the sale of blank cartridges for:
(a) use in a radio, television, film, or theater production;
(b) a signal or ceremonial purpose in an athletic event; or
(c) an industrial or construction purpose.
Fireworks 1.3G means a large fireworks device:
1. primarily designed to produce visible or audible effects by combustion,
deflagration, or detonation; and
2. classified as a 1.3G explosive by the department in 49 C.F.R. Part 173 (1996).
3
Fireworks 1.4G means a small fireworks device:
1. primarily designed to produce visible or audible effects by combustion,
deflagration, or detonation;
2. that complies with the construction, labeling, and chemical composition
requirements of the United States Consumer Product Safety Commission in 16
C.F.R. Part 1507 (1996), or the most recently adopted version of that rule; and
3. that is classified by the department in 49 C.F.R. Part 173 (1996).
Items classified as I AG explosives are consumer fireworks allowed by federal law or regulations
to be sold for use by the general public. These are formerly known as "Class C common
fireworks."
Flame effects means a stationary or hand-held device of solid, liquid, or gas, designed
specifically to produce an open flame when ignited to display a thermal, physical, visual, or
audible phenomenon as defined in NFPA Standard 160. Such devices include paraffin wax
candles, LPG candles, torches, and LPG burners.
Flame effects operator means an individual who, by experience, training, or examination,
has demonstrated the skill and ability to safely assemble, conduct, or supervise flame effects in
accordance with V.T.C.A., Occupations Code, § 2154.253.
Instantaneous or rapid release means substance, or combination of substances, when
ignited, burn at rates faster than the speed of sound (1,116 feet per second or 340 meters per
second at sea level on a Standard Day).
Jurisdiction shall mean and include the territory within the city's limits and territory
within 5,000 feet outside of the city's limits.
NFPA Standard 1126 means the edition of the National Fire Protection Association,
Standard 1126, "Standard for the Use of Pyrotechnics before a Proximate Audience."
NFPA Standard 160 means the edition of the National Fire Protection Association,
Standard 160, "Standard for Flame Effects Before an Audience."
Pyrotechnic operator means an individual who, by experience, training, and examination,
has demonstrated the necessary skill and ability for safely assembling, discharging, and
supervising public displays of Fireworks 1.3G or Fireworks I AG.
Pyrotechnic special effects operator means an individual who, by experience, training,
and examination, has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising proximate displays of Fireworks 1.3G or Fireworks I AG
4
Pyrotechnics mean devices or products which use controlled exothermic chemical
reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects to provide the maximum
effect from the least volume. Pyrotechnics are commonly used in the entertainment, music,
theatrical, video and movie industries to create visible and/or audible special effects. The term
"pyrotechnics" does not include the use of a pyrotechnic device by a military or law enforcement
organization in the execution of their sanctioned training or official duties.
Pyrotechnician is a person who currently holds one or more of the following licenses
issued by the state fire marshal's office:
pyrotechnic operator's license
2. pyrotechnic special effects operator's license, or
3. flame effects operator's license,
User means a person who, as the final consumer, uses an explosive.
DIVISION 2. OFFENSES
Sec. 38-192. Sale, storage, possession or distribution prohibited.
Except as provided in this article, it shall be unlawful for any person to manufacture,
store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives,
pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other
similar thing within the jurisdiction.
Sec. 38-193. Unlawful discharge, ignition, display, or detonation.
Except as provided in this article, it shall be unlawful for any person without a permit, to:
1. Ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky
rocket, Roman candle or any other similar firework or to cause to be ignited,
detonated, cast, thrown, discharged, or exploded any substance of an explosive or
pyrotechnical nature above, below, within, or upon any land, structure, body of
water, or any other place within the jurisdiction;
2. Ignite, detonate, or cause to be ignited or detonated, any pyrotechnic charge or
device above, below, within or upon any land, structure, body of water or any
other place within the jurisdiction; or
3. Detonate, or cause to be detonated any explosive above, below, within or upon
any land, structure, body of water or any other place within the jurisdiction.
Sec. 38-194. Exceptions.
This division shall not apply to:
1. A display of fireworks made under the terms and conditions of this article if such
display is properly permitted by the fire chief upon compliance with this article.
2. A pyrotechnical use made under the terms and conditions of this article, when
such display is properly permitted by the fire chief upon compliance with this
article.
3. Use of explosives for a controlled demolition of a structure made under the terms
and conditions of this article, when such demolition is permitted upon compliance
with this article.
Sec. 38-195. Penalty for violation.
Any person violating any provision of this article shall, upon conviction be punished by a
fine as provided in section 1-14.
DIVISION 3. PERMITS
Sec. 38-201 Permit application.
Any person desiring to engage in conduct described by section 38-193 must first make
application to the fire chief for a fireworks, pyrotechnics, or explosives use permit at least
fourteen (14) calendar days prior to the date of the proposed display or pyrotechnic use and at
least thirty (30) calendar days for the use of explosives. Applications must be verified under
oath on forms supplied by the fire chief and shall include or be accompanied by the following
information:
1. Date of the application;
2. Name, address, email address and phone number of the applicant;
3. Name, address, email address and cell phone number of the applicant's
emergency contact;
4. Type of permit sought;
5. Description of materials to be used along with a detailed explanation of the
process and method to be used;
6. Location, type and description of structure to be demolished if an explosives use
permit is sought;
7. Name, address, email address and phone number of owner of the property where
the display or use will be conducted along with a signed and notarized statement
of authorization for the display or use;
8. Name, address, email address, phone number of all applicable federal and state
permittees or licensees, including their permit or license type, and permit or
license number and copy of their current permit(s) or license(s) together with their
state issued driver's license or identification card;
9. Name, address, email address and cell phone number of the applicant's
emergency contact;
10. Scale site plan depicting the following as applicable:
a. the specific site where the fireworks display will be fired or launched,
including all properties, structures, streets/roads, fire hydrants, bodies of
water and other significant terrain features within 1,000 feet of the site
from which the fireworks will be launched,
b. the features of the structure where the pyrotechnics display is to be
triggered including all tables, stages, seating, aisles, columns or other
obstructions to egress, all required exits and means of egress such as steps,
stairs, elevators, hallways or other exiting components, the locations of all
air conditioning, electrical, gas, water and fire sprinkler shutoffs, all fire
and security alarm control and annunciator panels, all fire department
connections for the fire sprinkler system and all fire hydrants located
within 400 feet of any exterior portion of the structure where the
pyrotechnical display is requested; or
C. the specific site where the structure will be demolished, including all
properties, structures, fire hydrants, telephone poles, pipelines,
streets/roads, bodies of water and any other significant terrain features
within 1,500 feet of any portion of the exterior of that structure.
11. Proposed safety plan for on and off-site risks and actions;
12. Proposed traffic plan;
13. The date and commencement time and the ending time of the fireworks or
pyrotechnic display or use of explosives;
7
14. An insurance certificate meeting the requirements of section 38-203;
15. A non-refundable application fee as established in section 2-595 of this code;
16. A sworn statement or affirmation by the applicant that the information provided in
the application is true and correct; and
17. Any and all additional information, drawings, pictures, designs, specifications,
documents or other details that the fire chief shall request in support of his
assessment of the public and life safety risks of the requested display or
compliance with the conditions for a permit as set forth in this article.
Sec. 38-202. Permit issuance or denial, term and transferability.
(a) Fireworks or pyrotechnics permit. If, after an application for a fireworks or pyrotechnics
permit is filed in accordance with section 38-201, the fire chief determines that:
(1) The application complies in all respects with the terms of this article; and
(2) The proposed display, use or detonation of fireworks or pyrotechnics:
a. Will not create a nuisance;
b. Will not be contrary to public safety, hazardous to property or dangerous
to any person;
C. Will comply with all respects with this article; and
d. Is acceptable after considering the following factors:
1. The location of the display, use or detonation;
2. The amount of fireworks or pyrotechnics to be used; and
3. The pendency of other activities at and adjacent to the property on
which the fireworks or pyrotechnics will be used;
the fire chief will approve the application or approve the application with those
conditions and restrictions that the fire chief deems necessary to ensure the public safety.
If the application is approved, a permit shall be issued for the display, use, ignition or
detonation by the fire chief. Such permit shall be for a period of time designated on the
permit, but shall not exceed ten (10) calendar days. If the application is denied, the fire
chief shall notify the applicant of the denial and the reasons therefor in writing.
(b) Explosives permit. If, after an application for an explosives permit is filed in accordance
with Section 38-201 and after receiving input from the city engineer and the city's
emergency manager, the fire chief determines that:
(1) The application complies in all respects with the terms of this article; and
(2) The proposed use or detonation of explosives:
a. Will not create a nuisance;
b. Will not be contrary to public safety, hazardous to property or dangerous
to any person;
C. Will comply with all respects with this article; and
d. Is acceptable after considering the following factors:
The location of the display, use or detonation;
2. The amount of fireworks or pyrotechnics to be used; and
3. The pendency of other activities at and adjacent to the property on
which the fireworks or pyrotechnics will be used;
the fire chief will approve the application or approve the application with those
conditions and restrictions that the fire chief deems necessary to ensure the public safety.
If the application is approved, a permit shall be issued for the display, use, ignition or
detonation by the fire chief. Such permit shall be for a period of time designated on the
permit, but shall not exceed ten (10) calendar days. If the application is denied, the fire
chief shall notify the applicant of the denial and the reasons therefor in writing.
(c) Non -transferability. A permit issued under this article is not transferable, assignable or
divisible and it is a violation of this article for any person to attempt to do so.
Sec. 38-203. Insurance, indemnity and bond required.
(a) Insurance.
(1) Fireworks or pyrotechnics permit. An applicant for a fireworks or pyrotechnics
permit shall, at the time of making application and throughout the term of any
resulting permit, maintain the following insurance coverages in full force and
effect:
a. Workers compensation insurance with statutory limits and a waiver of
subrogation in favor of the city;
b. Commercial general liability insurance with an aggregate of at least
$1,000,000 per occurrence and at least 3,000,000 aggregate; and
c. Automobile liability insurance of no less than $1,000,000.00 combined single
limits.
(2) Explosives permits. An applicant for an explosives permit shall, at the time of
making application and throughout the term of any resulting permit, maintain the
following insurance coverages in full force and effect:
a. Workers compensation insurance with statutory limits and a waiver of
subrogation in favor of the city;
b. Commercial general liability insurance with an aggregate of at least
$3,000,000 per occurrence and at least 5,000,000 aggregate; and
C. Automobile liability insurance of no less than $1,000,000.00 combined
single limits.
(3) General requirements. The following is applicable to all policies required by this
section:
a. General liability insurance shall be written by a carrier with an A:VIII
or better rating in accordance with the current Best Key Rating Guide.
b. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
C. Deductibles shall be listed on the certificate of insurance and are
acceptable only on a per occurrence basis.
d. Claims made policies will not be accepted.
e. The City of Baytown, its officials, employees and volunteers, are to be
added as "additional insured" to all liability policies. The coverage shall
contain no special limitations on the scope of protection afforded to the
owner, its officials, employees or volunteers.
f. If the operator receives notice that any insurance policy required herein
is suspended, voided, cancelled, reduced in coverage or in limits, the
permittee shall provide the city prompt written notice by certified mail,
return receipt requested.
10
g. Upon request, certified copies of all insurance policies shall be
furnished to the City of Baytown.
h. Certificates of insurance must be delivered to the fire chief, evidencing
all the required coverages, including endorsements, prior to the issuance
of permit under this article and must be updated prior to the policy
termination or cancellation date.
Any failure on part of the city to request required insurance
documentation will not constitute a waiver of the insurance requirement
specified herein.
j. During the term of the permit issued under this article, the permittee
will report, in a timely manner, to the fire chief any known loss
occurrence which could give rise to a liability claim or lawsuit or which
could result in a property loss.
(b) Indemnity. Any permit issued under this article shall not be effective unless it contains
the following:
Permittee agrees to and shall indemnify, hold harmless and defend, the
city, its officers, agents and employees, collectively referred to as "city,"
from and against any and all claims, losses, damages, causes of action,
suits and liability of every kind, including all expenses of litigation, court
costs, and attorneys' fees for injury to or death of any person, or for
damage to any property, arising out of or in connection with the operations
permitted herein, where such injuries, deaths or damages are caused by the
concurrent negligence of the city and permittee and/or by the joint or sole
negligence of the permittee. It is the expressed intention of the parties
hereto, both permittee and the city, that the indemnity provided for in this
paragraph is an indemnity by permittee to indemnify, protect and defend
the city from the consequences of the city's own negligence, where that
negligence and permittee's negligence are concurring causes of the injury,
death or damage; and/or the permittee's joint and sole negligence.
Furthermore, the indemnity provided for in this paragraph shall have no
application to any claim, loss, damage, cause of action, suit and liability
where the injury, death or damage results from the sole negligence of the
city unmixed with the fault of any other person or entity.
In the event that any action or proceeding is brought against the city by
reason of any of the above, permittee further agrees and covenants to
defend the action or proceeding by legal counsel acceptable to the city.
This indemnity shall survive the revocation or expiration of the permit.
(c) Bond. Before a permit is issued under this article, the applicant shall be required to
tender to the city a $100,000.00 cash bond or other form of security acceptable to the
11
city, the purpose of which is (i) to protect the city from any damages to traffic
signs/markers, roads, bridges, drainage facilities, rights-of-way, and infrastructure owned
by the city caused, in whole or in part, by permittee's operations and (ii) to ensure the safe
removal, disposal and remediation of hazardous conditions caused, in whole or in part, by
permittee's operations. In the event the city, at its sole and exclusive option, determines
that any repairs or remediation is required as a result of applicant's operations, the city
shall make such repairs or perform such remediation activities and deduct the cost thereof
from the cash bond amount without further notice to permittee. The city shall provide
permittee a monthly accounting of all repairs and deductions made to the cash bond,
which accounting shall be made only if a deduction has been made for which no prior
accounting has been tendered. Upon expiration of one year from the effective date of the
permit, the city shall refund any balance of the cash bond to permittee, upon written
application for same. Should the costs to repair or replace damaged property exceed the
amount of the cash bond, permittee shall reimburse the city for such costs within 30 days
of the receipt of invoice. Costs not timely paid shall accrue interest at the rate of one
percent per month.
Sec. 38-204. Revocation of permits.
(a) A violation of this article or any condition of a permit issued under this article shall
constitute an immediate and emergency hazard to the public's safety. The fire chief has
sole discretion to order the fireworks, pyrotechnics or explosives use or display
immediately terminated and to revoke any such permit issued.
(b) Any permit for use or display of fireworks, pyrotechnics and/or explosives, which has
been revoked for failure to adhere to requirements of the permit or failure to comply with
this article, shall not be reinstated or re -issued and all fees, charges or costs paid for said
permit shall be forfeited.
(c) Any permittee whose permit has been revoked shall be ineligible for any new permits
authorized under this article for no less than 180 calendar days from the date of the
revocation ordered herein.
(d) Any permittee, who has been ordered to terminate a fireworks, pyrotechnics or explosives
use or whose permit has been revoked in accordance with subsection (a), shall
immediately and safely remove all fireworks, pyrotechnics and explosives from the
jurisdiction. Should permittee fail to do so, the fire chief shall safely remove all
fireworks, pyrotechnics and explosives from the jurisdiction at the permitee's expense,
which expense may be deducted from the bond posted in accordance with section 38-203.
Sec. 38-205. Appeals.
(a) Under this article, any person aggrieved by the decision of the fire chief for denial or
revocation of a permit may appeal such decision to the city manager by filing a written
WJ
appeal with the city clerk within ten days after the fire chief issues notice of the denial or
revocation.
(b) An appeal shall not stay the fire chief's decision on the denial or revocation of a license.
(c) The written request for an appeal shall set out in detail the grounds on which the denial or
revocation is challenged.
(d) If an appeal is properly filed, the city manager shall hold a hearing, wherein he will
receive oral and written testimony regarding the permit denial or revocation
(e) After hearing the appeal and considering oral and written testimony, the city manager
may uphold, modify or reverse the decision of fire chief. The decision of the city
manager shall be final and binding upon the city and the permittee.
DIVISION 4. REGULATIONS
Sec. 38-211. Limits for fireworks or pyrotechnics display.
(a) Any fireworks display authorized under this article shall be limited to an aerial display.
The range of the aerial display shall not be more than 200 feet, and the fireworks shall be
discharged vertically from launchers which meet NFPA 1126 "Standard for the Use of
Pyrotechnics Before a Proximate Audience."
(b) Any pyrotechnics display shall be conducted outdoors unless an indoor pyrotechnics
display is:
(1) conducted inside a structure having an approved, operational NFPA 13 compliant
fire sprinkler system throughout the structure and
(2) approved by the fire chief as noted on the permit.
Sec. 38-212. Limitation on time and number of displays.
(a) No permitted fireworks display shall commence prior to 1:00 p.m. or later than 10:00
p.m. However, fireworks displays may commence between the hours of 10:00 p.m. and
11:59 p.m. on December 31 of any year and between the hours of 12:00 midnight and
1:00 a.m. on January 1 of any year if such displays comply with all other requirements of
this code. Any display authorized by this article shall be completed within one hour after
the time the display commences, and no permit shall authorize more than one (1) display
in a twenty-four hour period.
(b) No permitted pyrotechnics display shall occur prior to 6:00 a.m. or after 11:59 p.m. on
any day, unless the fire chief has approved a pyrotechnics display inside of a structure
13
between the hours of 6:00 a.m. and 02:00 a.m. the next day. No permit shall authorize
more than one (1) display within a 24 hour period.
(c) No permitted explosives shall be detonated prior to 7:00 a.m. or after 2:00 a.m., unless
the fire chief has approved a detonation prior to or after those hours will serve the public
safety.
Sec. 38-213. Materials stored in jurisdiction.
(a) Fireworks or pyrotechnics. The material to be used for a fireworks or pyrotechnics
display authorized by this article shall not be stored within the jurisdiction but shall be
brought in on the day of the display or use and shall be taken immediately to the place of
display or use for further handling and storage.
(b) Explosives. Explosives to be used for a controlled demolition shall not be stored within
the jurisdiction prior to their placement in the structure to be demolished. No explosives
shall be brought into the jurisdiction until the measures set forth in this section, and any
others required by the police chief, have been installed and approved by the city's police
chief.
Sec. 38-214. hazardous conditions prohibited.
(a) Fireworks or pyrotechnics use or display shall not be of such a character and so located,
discharged, launched or ignited as to be hazardous or dangerous to persons or property as
determined in the sole discretion of the fire chief.
(b) Explosives shall not be permitted to be used for the purposes of mining, underground or
underwater, surface or aerial testing, weapons testing, excavation, or any other purposes
within the jurisdiction, except as provided in this article.
Sec. 38-215. Qualifications of persons handling fireworks, pyrotechnics, or explosives.
(a) Any person handling the display of fireworks or pyrotechnics authorized under this
article shall be over the age of 18 and shall be an experienced pyrotechnic operator
licensed and/or approved by the state fire marshal and the federal bureau of alcohol,
tobacco, firearms and explosives. Any person not meeting these qualifications shall not
possess, handle, ignite or detonate any fireworks, pyrotechnics or explosives. The names
of the approved fireworks or pyrotechnic operators shall be designated on the permit
issued.
(b) Any person receiving, transporting, possessing or using any permitted explosive under
this article shall be over the age of 18 and shall be licensed and/or approved by the state
fire marshal and the federal bureau of alcohol, tobacco, firearms and explosives in
14
accordance with the requirements of Title 18 of the United States Code, Article 40. The
names of the approved blasters shall be designated on the permit issued.
Sec. 38-216. Required personnel and safety measures.
(a) Fireworks. At each permitted display of fireworks authorized under this article, at least:
one (1) city fire engine company, one (1) city transport ambulance, and three (3) city
police officers, shall be on site at least 1 hour prior to, during, and at least 1 hour after the
display.
(b) Pyrotechnics. At each permitted display or use of pyrotechnics authorized under this
article, whether inside or outdoors, not less than two (2) city firefighters and two (2) city
police officers shall be in attendance at least 1 hour prior to, during, and for at least 1
hour after the display or use has ended.
(c) Explosives. Prior to the placement of any explosives in a structure to be demolished, the
structure shall be secured by a minimum of a six (6) foot high, chain link fence that
completely encircles the entirety of the structure and is at least fifty (50) feet from any
portion of that structure. The exterior of that structure and enclosed perimeter shall be lit
by high intensity portable lights as approved by the city's police chief and each gate or
opening in that security fence shall be staffed 24 hours a day by a state licensed, armed
security. In addition, at least two (2) Baytown police officers will be assigned to patrol
the perimeter of the site 24 hours a day. These lighting, gate and perimeter security
measures shall remain in effect until the detonation has occurred and the site has been
inspected and certified free of undetonated explosives, by the permittee.
(c) Costs for on-site public safety personnel and measures. The total expense of such
firefighters, fire equipment, ambulances, police officers, police vehicles, fencing,
lighting, and all private security equipment, measures and forces required to be on site by
this article or as required by the fire chief or police chief shall be borne solely by the
applicant and estimated costs from the city's fire and police departments for their
personnel and equipment shall be paid in advance at the time of the receipt of the permit.
The permittee is required to reimburse the city for all of the actual costs for all personnel
at hourly overtime rates, equipment and vehicles at hourly rates as set forth by the city.
All such costs shall be paid to the City within thirty (30) days of receipt of an invoice
therefor.
Sec. 38-217. Notification.
(a) Written notice. Permittee shall notify in writing each owner, resident and/or business
located within 1,000 feet of its planned display or use of fireworks or pyrotechnics, or
explosives 24 to 48 hours prior to such display or use. Permittee shall also provide to
such owner, resident, and/or business, in writing, the name of permittee's insurance
carrier, the types and amount of insurance covering its proposed operations, the name and
15
telephone number of an individual to contact in case of a claim for personal injury or
property damage, and the procedure for obtaining a copy of permittee's insurance
certificate.
(b) Published notification. Not more than fifteen (15) days or less than ten (10) days prior to
use of fireworks, outdoor pyrotechnics or explosives, permittee shall place newspaper an
advertisement in the official newspaper of the city of not less than three inches by four
inches (3" X 4") describing the use of fireworks, outdoor pyrotechnics or explosives, the
location of the use, and a toll-free telephone number where residents may call for more
information.
(c) Utility notification. Whenever explosives are to be used in the vicinity of gas, electric,
water, fire alarm, telephone, telegraph or stream utilities, the permittee shall notify the
appropriate representatives of such utilities at least 24 hours in advance of
commencement of operations specifying the location and intended time of such activity.
(d) Sign notification. Within 24 hours of the issuance of an explosives permit, permittee shall
place signs on the property giving the public notice of the activities, including the name,
address and 24-hour phone number of the person conducting the activities. The sign must
be located within ten feet of the property line bordering a public highway, street, or road
and must be constructed of durable material, maintained in good condition and have a
surface area of not less than two square feet or more than four square feet. Lettering must
not be less than three inches in height and block print, in a solid color that contrasts with
the background. No permanent markings shall be made on trees, roads or any property
not belonging to the operators, nor shall any signs be attached to tree in any fashion.
Section 3: That Chapter 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2-595 "Fees for various city services," subsection (3) "Fire services" of the
Code of Ordinances, Baytown, Texas, is hereby amended by adding an application fee for the
fireworks or pyrotechnics permit and for the explosives permit, which addition shall read as
follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2-595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
(3) Fire services. Any person applying to the city for a permit or approval for the
following fire services shall pay to the city, prior to the issuance of the permit or
obtaining an approval, the fee as indicated hereinbelow:
16
Miscellaneous
Fireworks or pyrotechnics permit $100.00
Explosives Permit $200.00
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official ne per of the City of Baytown at
least twice within ten (10) days after passage of this ordinan
INTRODUCED, READ and PASSED by the affi ative vote of the City Council of the
City of Baytown, this the 28th day of May, 2015. \
H. DONCARLOS, Mayor
A ST: L
L TICIA BRYSCH, Ci lerk 0 ` r� 96
Vy
APPROVED AS TO FORM:r+f
:OF
NACIO RAMIREZ, SR., Ci ttorney
RnKarenTilmCity CounciEOrdinances�20151\ 28'+.Explosives Ordinance 2015.docx
17