§ 9.52.130. Chapter 33, Explosives and Fireworks, amended  


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  • International Fire Code, 2009 Edition, Chapter 33, Explosives and Fireworks, is hereby adopted in its entirety with the following amendments:

    9.52.130.1 Section 3301.1.3 Fireworks, amended. International Fire Code, 2009 Edition, Section 3301.1.3 Fireworks, is hereby amended to read as follows:

    3301.1.3 Fireworks. Fireworks are declared to be a nuisance. No person shall possess, manufacture, store, sell, handle, or use fireworks within the city limits of El Paso or within 5000 feet beyond the city limits now defined here as the Fireworks Enforcement Zone, except as provided in Sections 9.52.030.14 Required operational permits, as amended, and 9.52.130.19 Explosive storage at blast sites, as amended, of this Chapter.

    Except as provided herein, there shall be no variance or exception granted to the prohibition contained in this section. Any prior variance or exception granted to this fireworks ban is hereby discontinued and shall be abated by January 6, 2012.

    Exception: The use of fireworks for fireworks displays as allowed in Section 3308.

    9.52.130.2 Section 3301.2.4 Financial responsibility, amended. International Fire Code, 2009 Edition, Section 3301.2.4 Financial responsibility, is hereby amended to read as follows:

    3301.2.4 Financial responsibility. Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $1,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. The city shall be named as an additional insured on the insurance policy or an additional obligee under the corporate surety bond, at no cost to the city. A bond required by this section must be executed by a corporate surety and approved by the Fire Official. If applicable, an insurance policy shall be written by an accredited insurance company under the supervision of the Board of Insurance of the state. Evidence of compliance with this requirement shall be considered as having been met when the policy, a copy thereof, or a certificate of insurance has been filed with and approved by the Fire Official. Such policy shall include an endorsement that the Fire Official shall be notified at least thirty (30) days in advance in the event the policy or policies are canceled.

    9.52.130.3 Section 3301.2.4.3 Indemnity agreement, added. International Fire Code, 2009 Edition, Section 3301.2.4.3 Indemnity agreement, is hereby added to read as follows:

    3301.2.4.3 Indemnity agreement. The applicant shall be required to enter into an indemnity agreement with the City indemnifying the City and any of its agents or employees, for any personal injury, property damage or other civil liability whatsoever, caused by an activity, condition or event arising out of any act performed under the permit. The fire official shall provide the approved form for this indemnity agreement.

    9.52.130.4 Section 3301.6.1 Immediate Notification, added. International Fire Code, 2009 Edition, Section 3301.6.1 Immediate Notification, is hereby added to read as follows:

    3301.6.1 Immediate Notification. In case of mechanical failure or traffic accident involving any conveyance carrying explosives, the fire official and the police department shall be notified immediately.

    9.52.130.5 Section 3301.7.1 Disposal of explosives, explosive materials or fireworks, added.

    3301.7.1 Disposal of explosives, explosive materials or fireworks. The City may file a Motion with Municipal Court requesting an Order of Disposal and/or Destruction for explosives, explosive materials and/or fireworks pursuant to authority granted by the 2009 International Fire Code, Section 3301.7. Said Motion shall be filed with a sworn affidavit of the Fire Official stating the underlying circumstances of the seizure and the City shall verify that the explosives, explosive materials and/or fireworks are not being held as evidence to be used in any pending case. A hearing shall be held before a judge of the El Paso Municipal Court. A judge shall, as soon as practicable, hear the matter, after giving reasonable notice to the Fire Official and the person whose explosives, explosive materials and/or fireworks have been removed or impounded. The Fire Official and the person whose explosives, explosive materials and/or fireworks have been removed or impounded shall each have the opportunity to present evidence and make argument on their behalf. The formal rules of evidence do not apply to a hearing under this section.

    The judge hearing the case shall make his or her ruling on the basis of a preponderance of the evidence presented at the hearing. If the judge finds that the explosives, explosive materials and/or fireworks were lawfully seized and that, at the time of the hearing, the explosives, explosive materials and/or fireworks constitute materials or other items that cannot be lawfully possessed, stored, handled or used in the jurisdictional limits of the city, the judge shall grant the motion. The decision of the judge is final.

    9.52.130.6 Section 3302 Definitions, amended. International Fire Code, 2009 Edition, Section 3302 Definitions, is hereby amended to add the following definitions:

    BLASTER'S LICENSE—A blaster's license is defined as an instrument issued by the fire code official authorizing certain individuals to engage in loading, firing, or supervision of the loading or firing of explosive materials in accordance with pertinent ordinances, resolutions and regulations in the city.

    FLAME EFFECTS—Flame effects means a 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 160. Such devices include paraffin wax candles, LP gas candles, torches, LP-gas burners, and 'sky lantern' type flame illuminated aerial devices.

    9.52.130.7 Section 3303.2.1 Blasting records, added. International Fire Code, 2009 Edition, Section 3303.2.1 Blasting records, is hereby added to read as follows:

    3303.2.1 Blasting records. Records of blasting operations shall contain the following information:

     1. A copy of the blasting permit application;

     2. A revised copy of the blasting plan containing actual data for the blast;

     3. Actual date and time of day of the blast;

     4. Weather conditions at the time and location of the blast, if the blast is conducted outdoors; and

     5. Ground vibration or airblast records, if required, which shall include the following:

     a. Type of instrument, sensitivity and calibration signal or certification of annual calibration;

     b. Exact location of instrument and the date, time and distance from the blast;

     c. Name of person and firm taking the reading as well as the person analyzing the seismic record; and

     d. The vibration and airblast level recorded.

    Exceptions: The requirements of #2 and #5 above shall not apply to the following uses of explosives within the city:

     A. Blasts under two (2) pounds of explosives in total weight per blast; or

     B. Notwithstanding the location of developed property within the jurisdictional area and within one-half (½) mile of any boundary of a permitted area, blasts for which the maximum peak particle velocity for ground vibration in inches per second does not exceed 0.50 at the nearest developed property by use of the scaled-distance equation.

    9.52.130.8 Section 3307.4 Restricted hours, amended. International Fire Code, 2009 Edition, Section 3307.4 Restricted hours, is hereby amended to read as follows:

    3307.4 Restricted hours. Blasting operations shall be conducted during daylight hours except when authorized at other times by the fire official. When there is developed property within one-half (½) mile of any permit boundary, blasting operations shall be conducted only between the hours of nine (9) a.m. and five (5) p.m. Monday through Saturday. No blasting shall be conducted on Sunday except that the fire official may give special permission for nighttime and Sunday blasting whenever safety considerations so require.

    9.52.130.9 Section 3307.16 Permit required, added. International Fire Code, 2009 Edition, Section 3307.16 Permit required, is hereby added to read as follows:

    3307.16 Permit required. A blasting permit shall be required for the use of explosives or blasting agents, for blasting purposes, at a specified location. A blasting permit shall be renewed upon application for renewal, provided that:

     1. The permit fee set forth in Appendix A Fee Schedule below, is submitted along with the application for renewal;

     2. The blasting activities at the specified location are anticipated to remain materially unchanged; and

     3. The applicant has complied with the requirements of this chapter and Chapter 33 during the preceding year.

    3307.16.1 Ongoing Industrial Blasting Applicants.

     a. For all blasting permit applicants seeking to conduct ongoing industrial blasting using:

     1. Blasts using under two (2) pounds of explosives in total weight;

     2. Blasts which do not utilize a blast hole charge into a geologic structure for the purpose of causing rock fragmentation and displacement; or

     3. Blasts for which the maximum peak particle velocity for ground vibration in inches per second does not exceed 0.50 at the nearest developed property by use of the scaled-distance equation;

    The blasting permit application shall include:

     1. Name of operator or operators conducting the blasts;

     2. Identification of the anticipated location or locations of blasting activities;

     3. Description of conditions, if any, which may cause possible adverse blasting effects;

     4. Type of material to be blasted;

     5. Number and type of delays to be used;

     6. Types of explosives anticipated to be used;

     7. Type and length or stemming;

     8. Mats or other protection to be used, if any;

     b. Where approved by the fire official, ongoing industrial blasting applicants meeting the criteria listed above, shall be exempt from the requirements of Sections 3307.21 Blast Plan; 3307.22 Test Blast; 3307.20 Pre-blast Survey; and 3307.26 Environmental Performance Standards.

    3307.16.2 All Others. All other blasting permit applicants shall submit the following:

     1. Name of operator conducting the blast;

     2. Approximate date and time of the blast;

     3. Location of blast site;

     4. Name(s) of licensed blasters on the job;

     5. Copy of MSHA Certificate of Training (Form 5000-23) for all personnel involved in the drilling and blasting operation;

     6. Copy of Insurance Certificate of Blasting Liability Coverage.

    The code official may require additional information.

    9.52.130.10 Section 3307.17 Application filed, added. International Fire Code, 2009 Edition, Section 3307.17 Application filed, is hereby added to read as follows:

    3307.17 Application filed. Only persons who have been granted a Blaster's license under Section 3307.19 may apply for a blasting permit. Applications shall be filed with the code official and accompanied by all documentation required by this chapter and the payment of fees as required. Permits for blasting shall be granted by the code official if he finds that the proposed blasting would not be dangerous to persons or property, considering the location of the proposed work and its distance from buildings, structures, streets, public places or places likely to be frequented by persons or animals; the nature of the soil in the location of the proposed work; the type of explosive and amount of the charge to be used; the manner of doing the work; the prior performance and safety record for blasting work performed in the past at the same site (where applicable); and the skill and experience of the workmen employed and the persons doing the work. Otherwise, the permit shall be refused, and the code official shall state in writing the reason or reasons for the refusal.

    9.52.130.11 Section 3307.18 Additional Indemnity required, added. International Fire Code, 2009 Edition, Section 3307.18 Additional Indemnity required, is hereby added to read as follows:

    3307.18 Additional Indemnity required. The person or company by whom a blaster is employed by or under contract with to perform blasting services, and the owner or owners of the site at which blasting is to take place, shall be required, as a condition of the blasting permit, to enter into an Indemnity agreement as set forth in subsection 3301.2.4.3 of this section.

    9.52.130.12 Section 3307.19 Blaster's License requirements, added. International Fire Code, 2009 Edition, Section 3307.19 Blaster's License requirements, is hereby added to read as follows:

    3307.19 Blaster's License requirements. To qualify for a blaster's license, the applicant must demonstrate that he has had adequate training and experience in the handling and use of explosive material which will be a minimum of eight hours and shall pass an examination prepared by the fire official. The examination may be written, oral or by such other means as may be necessary to determine the following, which are requirements for the issuance of a license. An applicant for a blaster's license shall:

     1. Present positive identification;

     2. Be fingerprinted by the police department;

     3. Show proof that the applicant has not been convicted of a crime involving moral turpitude. This requirement may be waived by the fire official or the Construction Board of Appeals;

     4. Be at least twenty-one years of age;

     5. Be in adequate physical and mental condition to perform the work required;

     6. Be able to understand and give written and oral directions in the English language;

     7. Not be addicted to alcohol or to narcotics and other dangerous drugs;

     8. Be qualified by reason of training, knowledge and experience in the field of transporting, storing, handling and use of explosive materials;

     9. Have a working knowledge of federal, state and local laws and regulations pertaining to explosive materials; and

     10. Have no revoked, suspended or terminated license, or have a revocation, suspension or termination on appeal pursuant to Section 3307.19.10 of this chapter, or any criminal action involving blasting activities pending in a federal, state or municipal court of law.

    3307.19.1 Failure to Pass. If an applicant for a blasting license fails to pass the required examination, he shall not be eligible for reexamination for a period of sixty days. If an applicant fails to pass the required examination at any subsequent time, he shall not be eligible for reexamination for a period of six months following such failure.

    3307.19.2 License Fee. A fee in accordance with Appendix A, Fee Schedule of this Code shall be paid for each license application and shall be non-refundable. Annual license renewal fee(s) shall be in accordance with Appendix A, Fee Schedule of this Code and not refundable. The applicant must renew the license within thirty days of the date of expiration or he will be required to pass the examination required for such license. The holder of such license shall furnish proof that an eight hour refresher course involving the use of explosives has been taken at least once during the preceding permit year.

    3307.19.3 Applicability of License. A license issued under this chapter shall remain in full force for one year from the date it was issued unless revoked, suspended or terminated by the fire official. Reexamination may be required by the fire official before a license is renewed should the performance of any individual licensee indicate the need for such reexamination.

    3307.19.4 License Transfer Prohibited. No license shall be re-assigned or transferred.

    3307.19.5 Blaster's License—Suspension and Revocation. All licenses approved under this article are conditioned on all work being performed in faithful and strict compliance with the terms of all federal and state laws, permits, pertinent regulations, ordinances and resolutions of the city. Any violation of such conditions shall be deemed a misdemeanor and be punished in accordance with the city code. Citation for a violation of this chapter shall not preclude suspension or revocation of a license or permit.

    3307.19.6 Notice of suspension and revocation. The fire official may suspend a blaster's license or permit for any violation of the conditions set forth in subsection 3307.19 of this section, pending a hearing by the fire official to determine whether a license or permit should be further suspended or revoked. Reasonable notice of such hearing shall be given to the license holder. For purposes of this section, notice shall be considered given when delivered personally or when received if notice is given by other means, but in no event later than three days after deposit of such notice with the United States postal services, postage fully prepaid, addressed to the last known address of the person to whom the notice is sent. The hearing provided for herein shall be held as expeditiously as reasonably possible.

    3307.19.7 Legal Ramifications. The use of explosives regulated by this chapter during any period of suspension or revocation of a license or permit shall be considered a misdemeanor and punished as provided in the city code.

    3307.19.8 Reapplication. A person whose blaster's license has been revoked may not apply for another license until the expiration of one year from the date of the revocation.

    3307.19.9 Hearing. At any hearing conducted pursuant to this section, the respondent shall have the right to present evidence, to cross-examine available witnesses, to make statements and arguments on his behalf and to be represented by counsel. The technical rules of evidence shall not apply. The fire official shall reach a decision based upon a preponderance of the evidence.

    3307.19.10 Appeal. A person whose license or permit has been suspended or revoked or whose application for a license or permit has been denied may appeal to the Construction Board of Appeals in accordance with Title 2 of the El Paso City Code provided a request for appeal is delivered in writing to the fire official within ten business days after notice of the suspension, revocation or denial of a license or a permit. In the case of a suspension or revocation, the suspension or revocation shall remain in effect until the appeal has been heard and decided.

    9.52.130.13 Section 3307.20 Pre-blast Survey, added. International Fire Code, 2009 Edition, Section 3307.20 Pre-blast Survey, is hereby added to read as follows:

    3307.20 Pre-blast Survey. Subject to the exceptions as set forth in Sections 3307.16.1(b) and 3303.2.1, a pre-blast survey shall be required of any structure(s) that might later be the basis for blast damage claims or whenever a survey is required by the fire official.

    3307.20.1 Notification. The owner or residents of such buildings must be contacted by letter at least sixty days before the start of blasting, notifying them of the pre-blast survey and how they may request a copy of the pre-blast survey. The contractor shall employ an independent professional engineer licensed in the state of Texas and capable of conducting a pre-blast survey, in accordance with the Blasting Guidance Manual (U.S. Dept. of Interior, Office of Surface Mining), to determine and note any pre-existing structural or cosmetic defects to nearby structures that might later be the basis for damage claims.

    3307.20.2 Written Report. A written report of the survey shall be signed by the person conducting the survey and provided to the fire official, at least two working days prior to any blasting to be filed with the permit. Copies shall be made available to regulatory agencies and persons requesting the survey. Application fees may be charged for reproduction of the survey.

    9.52.130.14 Section 3307.21 Blast Plan, added. International Fire Code, 2009 Edition, Section 3307.21 Blast Plan, is hereby added to read as follows:

    3307.21 Blast Plan. Subject to the exceptions set forth in subsection 3307.16.1(b) of this Code, prior to commencing drilling or blasting operations, the contractor shall submit for approval, a written Blast Plan with all pertinent data to include the following:

     1. Date and time of blast;

     2. Type of explosives to be used;

     3. Total pounds of explosives to be used for each blast;

     4. Diagram showing number of holes and typical hole load;

     5. Burden, spacing, depth and diameter of holes and stemming used;

     6. Pre-blast and All Clear Signal plan;

     7. Technical data and Material Safety Data Sheets for all explosives used;

     8. Fire sequence diagram, delay sequence and maximum pounds per delay;

     9. Blast location and distance of blast from any structure(s) of concern; and

     10. Seismograph data.

    The contractor shall also submit a Blast Plan, for approval, any time he plans to make a change such as drill pattern, maximum pounds per delay, delay sequence, explosive type, etc. Every Blast Plan must be approved by the fire official before drilling and blasting operations can begin. There might be extenuating circumstances, such as quarry operations, where the fire official can, at his discretion, allow the contractor to make certain changes without submitting another proposal. The contractor must however note any changes, showing date, and type of changes made, and keep this as part of the permanent record.

    9.52.130.15 Section 3307.22 Test blast, added. International Fire Code, 2009 Edition, Section 3307.22 Test blast, is hereby added to read as follows:

    3307.22 Test blast. Subject to the exceptions set forth in subsection 3307.16.1(b) of this Code, before regular production blasting can begin the contractor shall make a test blast to ensure that vibrations are within safe limits, and the rock is adequately fragmented to ensure excavation. This will require the contractor to actually dig this test blast. During the test blast an Independent Blast Monitoring Engineer shall place multiple seismographs, in such an array as to determine vibration levels, frequency range, and Scaled Distance.

    9.52.130.16 Section 3307.23 Stemming material, added. International Fire Code, 2009 Edition, Section 3307.23 Stemming material, is hereby added to read as follows:

    3307.23 Stemming material. Crushed rock (not pea gravel) shall be used for stemming blast holes. A guide to ideal rock sizes is as follows:

    Hole dia. Rock size
    1½″ holes 3/8″ minus
    2″—3½″ holes 3/8″—½″
    4″—5″ holes 5/8″
    5″ and above ¾″ minus

     

    9.52.130.17 Section 3307.24 Relief trenches, added. International Fire Code, 2009 Edition, Section 3307.24 Relief Trenches, is hereby added to read as follows:

    3307.24 Relief trenches. If it is not possible to keep vibrations within acceptable levels, the fire official can require that a 12" minimum width trench between the blast and affected structures be dug. The trench must be excavated and free of debris and water, to a depth of at least 2 feet below any blast holes being fired in a given lift. No blast holes can be located within a distance from the trench of 1.7 times the blast hole diameter converted to feet. Example: If the hole diameter is 3 inches, the nearest a blast hole could be located to a trench is 5 feet (round off to the nearest foot).

    9.52.130.18 Section 3307.25 Explosive storage at blast sites, added. International Fire Code, 2009 Edition, Section 3307.25 Explosive storage at blast sites, is hereby added to read as follows:

    3307.25 Explosive storage at blast sites. All explosives must be stored in accordance with Federal, State and Local laws and all magazines must be inspected and approved by ATF, or MSHA. The quantity of explosives on the blast site shall be subject to approval by the fire official, and no more than a one (1) day supply of explosives shall be stored on the blast site at any time. Explosives cannot be stored on the blast site when no blasting operations are ongoing.

    9.52.130.19 Section 3307.26 Environmental Performance Standards, added. International Fire Code, 2009 Edition, Section 3307.26 Environmental Performance Standards, is hereby added to read as follows:

    3307.26 Environmental Performance Standards. [Subject to the exceptions set forth in subsection 3307.16.1(b) of this Code.]

    3307.26.1 Blast monitoring and video recording requirements. The contractor shall monitor each blast. Permanently installed "constant recording" instruments can be set-up that will record any event of a recordable magnitude, as long as they meet the following criteria:

     1. Three seismic and one acoustic channel;

     2. Selectable seismic and acoustic trigger levels;

     3. Analyze velocity, acceleration, displacement and resultant;

     4. Measure both linear and A-weighted sound;

     5. 10 inches sound recording range;

     6. Selectable maximum recording range;

     7. Response 2—200 hertz;

     8. Full waveform memory storage;

     9. OSM/USBM charts printed; and

     10. Adjustable record duration.

    3307.26.2 Seismograph. The seismogram recorded for each blast will be included with the short report as part of a permanent record. The contractor shall place a sufficient number of seismographs to record required data during the blast(s).

    3307.26.3 Video. The contractor will also videotape each blast. The date, time, and number of holes shall be noted visually or vocally, and the videotapes shall be retained as part of the permanent record of the blast(s).

    3307.26.4 Nearby structures. If the job is too critical as far as nearby structures are concerned, an independent Blast Monitoring Firm must be employed to monitor all blasts that might affect the structure(s). The blast monitors shall be in compliance with the above criteria.

    3307.26.5 Ground vibrations. Ground vibrations shall be limited as follows:

     1. Whenever there is developed property within one-half mile of any boundary of a permitted area, the maximum peak particle velocity, as measured by seismographic monitoring, is not to exceed the recommended vibration limits presented in USBM Report RI 8507 by D.E. Siskind, M.S. Stagg, J.W. Kopp, and C.H. Dowding (U.S. Dept. of Interior), and a computerized response versus frequency technique known as Response Spectrum Velocity Profile (RSVP).

     2. Whenever there is no developed property within one-half mile of any boundary of the permitted area, the scaled distance formula may be used:

    W=(D/Ds)2

    Where "W" = the maximum weights of explosives, in pounds, Where "D' the distance, in feet, from the blasting site to the nearest developed property, and Where "Ds" is always equal to 70 ft/lb.

     3. Vibration Limits. Blasting vibrations can cause "threshold" damage to residential structures when the energy is within the frequency range of 4 - 12 hertz. Within this frequency range a 0.5 inch per second maximum particle velocity, at the structure, is required to preclude any threshold damage. Above 12 hertz the allowable vibration increases as the frequency increases, up to 40 hertz. Above 40 hertz the maximum allowable vibration is 2.0 inches per second maximum particle velocity, at the structure. In order to determine the potential effects of vibrations versus frequency, the blast monitor must be capable of presenting a Response Spectrum Velocity Profile (RSVP). This is also referred to as the OSM/USBM, or USBM RI 8507 & OSMRE Analysis (in./sec.). The OSM/USBM should appear on the Blast Monitor Record, and a copy of this seismic data included with each blast report given to the fire official.

    3307.26.6 Air blast levels. Efforts should be made to keep air blast levels to one hundred ten (110) DBL (2 Hz high-pass)-anywhere along the permit boundary in order to reduce annoyance and complaints as much as possible. Monitoring for this parameter must include a microphone in the downwind direction. Air blast shall however, be limited to the following safe maximum levels:

    Lower Frequency Limit of Meas. sys. (Hz) Max level in dB
    0.1 Hz or lower—flat response* 134 dB peak
    0.2 Hz or lower—flat response 133dB peak
    0.6 Hz or lower—flat response 129dB peak
    C-weighted—slow response* 105dB peak

     

    * Only when approved by the fire official.

    9.52.130.20 Section 3308.2 Permit application, amended. International Fire Code, 2009 Edition, Section 3308.2 Permit application, is hereby amended to read as follows:

    3308.2 Permit application. Application for permits shall be made in writing to the fire official at least 10 days in advance of the date of display. Prior to issuing permits for fireworks display, plans for the display, inspections of the display site, and demonstrations of the display operations shall be approved.

    9.52.130.21 Section 3308.2.3 Indoor displays, added. International Fire Code, 2009 Edition, Section 3308.2.3 Indoor displays, is hereby added to read as follows:

    3308.2.3 Indoor displays. If pyrotechnics are used inside a building, the building must contain a complete operational fire-sprinkler system or provide personnel to implement a standby fire watch acceptable to the fire official.

    9.52.130.22 Section 3309 Temporary Storage of Consumer Fire Works, deleted. International Fire Code, 2009 Edition, Section 3309 Temporary Storage of Consumer Fire Works, is hereby deleted in its entirety.

    9.52.130.23 Section 3310 Flame Effects, added. International Fire Code, 2009 Edition, Section 3310 Flame Effects, is hereby added to read as follows:

    3310 FLAME EFFECTS

    3310.1 General. The use of flame effects for entertainment, exhibition, demonstration, or simulation must comply with NFPA 160.

    3310.2 Permit application. Prior to issuing permits for flame effects, plans for the exhibition, inspections of the exhibition site, and demonstrations of the flame effects shall be approved by the code official.

    3310.3 Indoor use. If flame effects are used inside a building, the building must contain a complete operational fire-sprinkler system or provide personnel to implement a standby fire watch acceptable to the fire code official.

    3310.4 Financial Responsibility. Before a permit is issued for any flame effects exhibition, the applicant must provide evidence of financial responsibility as set forth in section 3301.2.4.

    3310.5 Texas Flame Effects operator's license required. At least one Texas Flame Effects licensee must be present on-site at all times where flame effects are used, discharged, or ignited.

(Ord. No. 17423, 9-21-2010, eff. 1-1-2011; Ord. No. 17680, § 1, 11-29-2011)