HomeMy WebLinkAbout01-13-2020 Council Work Session Packet
Orono City Council
Work Session
Monday, January 13, 2020
Council Chambers 5:00 p.m.
AGENDA
1. Discussion of LA19-000063 – Special Event Ordinance
2. Parks Commission Tenures
Annual Discussions Timeframe:
Budget: Part of June, All of July, August and October.
City Administrator & Police Chief Update (3 times per year for 15 minutes)
CITY OF ORONO MEMORANDUM
DATE: January 13, 2020
TO: Mayor Walsh, City Council members
Dustin Rief, City Administrator
FROM: Jeremy Barnhart, AICP, Community Development Director
RE: Special Events
At the December 9, 2019 City Council meeting, the council was introduced to proposed revisions
to the Special Event regulations. As authorized by the Council in August, these revisions were
intended to clarify what events require a permit, the review process, including the notification
process for certain high impact events, and add penalties for infractions.
The ordinance does not limit the number of events in a given time period, nor does it unduly
restrict private parties. The City Council studied that issue in February 2017 (Case No. 17-3897)
and elected not to make adjustments, officially tabling the item. The minutes from the Feb 2017
City Council meeting are attached as Exhibit C. References to lines below correspond to the
proposed ordinance, attached as Exhibit A.
In summary, special events are any road race or tour (Tour de Tonka), fireworks, a private event
that requires special service from city departments, or requires 20 or more on street parking
spaces, a private use of a city propert y, a Parade, home tour open houses (Parade of Homes), or
an event that employs outdoor amplified music for a period of 1 hour or longer. (Lines 21-49)
The City Council would review uses that involve fireworks, and those that use city property.
The City Administrator (Police Chief) would review and approve all others, though the Police
Chief can refer any application to the Council for their review. (Lines 139-141)
The draft retains the notification requirement to all property owners within 500 feet; the city
administrator has the authority to approve alternative methods to a mailing, important for road
races and similar linear events. (Lines 143-145)
Standards for denial are provided in lines 147-174. These standards are intended to insure
disruption to area residents is kept to a minimum.
Prohibited events are unchanged, and include special events on Big Island, those involving trunk
highways, and closed road races. (Lines 200-203). This would include non-city events held on
Big Island, or private use of big island, such as weddings or bike races.
The draft ordinance also introduces administrative penalties for violations, and prescribes fines
for violations (Lines 233-244).
The City Council is asked for feedback to be used to develop a final draft for adoption at an
upcoming meeting.
CITY OF ORONO 1
HENNEPIN COUNTY, MINNESOTA 2
3
ORDINANCE NO. 4
5
6
AN ORDINANCE AMENDING ARTICLE VI SPECIAL EVENTS AND ARTICLE VIII 7
ADMINISTRATIVE OFFENSES AND PENALTIES 8
OF THE ORONO CITY CODE 9
10
11
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: 12
13
SECTION 1. Article VI of the Orono City Code is amended as follows: 14
15
ARTICLE VI. - SPECIAL EVENTS 16
17
Sec. 66-191. - Definitions. 18
The following words, terms and phrases, when used in this article, shall have the meanings 19
ascribed to them in this section, except where the context clearly indicates a different meaning: 20
Road Race or Tours means any organized event that requests alterations to the traffic control 21
features of public roads, including, but not limited to alteration of stop, yield, or merge signs, or 22
requests of dedicated use of traffic lanes. 23
Fireworks means the display of _____________. any substance or combination of 24
substances or article prepared for the purpose of producing a visible or an audible effect by 25
combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, 26
and toy canes in which explosives are used, the type of balloons which require fire underneath to 27
propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other 28
fireworks of like construction, and any fireworks containing any explosive or inflammable 29
compound, or any tablets or other device containing any explosive substance and commonly 30
used as fireworks as defined by Minn. Stat. § 624.20. 31
Special Service in this chapter means traffic control, crowd control, or the display of City of 32
Orono or Long Lake, including police, fire, or public works resources. 33
ParadeParade means any movement of vehicles, persons or animals, in any combination, 34
which either moves together andeither moves together or as a body so as to impede or affect the 35
free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is 36
in violation of one or more traffic laws or regulations. 37
Private event means any private function or special event that exceeds normal levels of city 38
public service and requires Sspecial Sservice from city departments and/or mutual-aid 39
agreements or requires 20 or more on street parking spaces at the same time.. 40
Special eventSpecial Event means any Road Race or Tour, Fireworks, Private Event, any 41
non-city event using city property, marathon run, block party, fishing contest, parachute jump, 42
hot-air balloon event, carnival, open house held as part of a home tour, Estate Sale, or use of 43
outdoor amplified music for a period of 1 hour or longer, or any other activity or event which in 44
some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, 45
generates parking needs for more than 20 vehicles off the site at any one time on residential 46
streets, not including a public access to Lake Minnetonka, or requires the posting of no parking 47
signs to maintain compliance with traffic laws and regulations. Amplified music to include disk 48
jockey or live music. 49
50
(Code 1984, § 6.08(1); Ord. No. 48 3rd series, § 1, 8-25-2008; Ord. No. 57 3rd series, § 1, 4-27-51
2009) 52
Cross reference— Definitions generally, § 1-2. 53
Sec. 66-192. - Impeding prohibited. 54
It is unlawful for any person to hamper, obstruct, or impede or interfere with any 55
paradeParade, paradeParade assembly, special eventSpecial Event or any person, animal or 56
vehicle participating in a paradeParade or special eventSpecial Event. 57
58
(Code 1984, § 6.08(5)(A)) 59
Sec. 66-193. - Driving vehicles between paradeParade units. 60
It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a 61
paradeParade or special eventSpecial Event when such paradeParade or special eventSpecial 62
Event is in motion, except by direction of police officers directing traffic. 63
64
(Code 1984, § 6.08(5)(B)) 65
Sec. 66-194. - Unauthorized entering. 66
It is unlawful for any person to enter into a paradeParade or special eventSpecial Event 67
without prior authorization from the person in charge of the event. 68
69
(Code 1984, § 6.08(5)(C)) 70
Sec. 66-195. - Removal of obstructions of traffic. 71
In any case where vehicles or parking by an activity obstructs traffic, regardless of whether 72
or not the activity required a permit. The City may ticket that person and all the cars that 73
constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's 74
expense if so ordered by the police officer. 75
76
(Code 1984, § 6.08(6)) 77
Secs. 66-196—66-220. - Reserved. 78
DIVISION 2. - PERMIT 79
80
81
Sec. 66-221. - Required. 82
A permit shall be obtained from the city by any person who will be holding or sponsoring a 83
parade, private event or Sspecial Eevent on City property, or the owner or their agent for any 84
Special Event on private propoerty. The permit requirements set forth in chapter 38, article V, 85
apply in addition to all licensing requirements. 86
(Code 1984, § 6.08(2); Ord. No. 48 3rd series, § 2, 8-25-2008) 87
Sec. 66-222. - Exceptions. 88
The following are not required to apply for permits under this division: 89
(1) Funeral processions; 90
(2) A governmental agency acting within the scope of its functions; 91
(3) An occasional private party that is held on private residential lots that does not require 92
special service from a city department. 93
(Code 1984, § 6.08(7); Ord. No. 48 3rd series, § 3, 8-25-2008) 94
Sec. 66-223. - Application. 95
(a) Application for a parade or sSpecial Eevent permit shall be made to the city at least 14 21 96
days in advance of the date on which the parade or special event Special Event is to occur 97
unless waived by the city administrator or designee if, after due consideration of the date, 98
time, place, and nature of the parade or sSpecial Eevent, the anticipated number of 99
participants, and the city services required in connection with the event, the city administrator 100
or designee determines that the waiver will not present a hazard to public safety. 101
(b) The applicant shall complete an application fill out a form as offered provided by the city 102
administrator or designee, and may include the followingstating the: 103
(1) Applicant's name, address, and telephone number (including the telephone number(s) 104
in which the applicant can be reached on the day of the paradeParade or special 105
eventSpecial Event); 106
(2) Proposed parade route or location of special eventSpecial Event; 107
(3) Time of commencement and termination and date when the parade or special 108
eventSpecial Event is to occur; 109
(4) Anticipated number of participants; 110
(5) Shuttle bus plan for participants and location of off-site parking for open houses; 111
(6) Site plan locating buildings, driveways, local streets, parking location, temporary 112
structures (tents) (including size), temporary restrooms, stage and location of speakers, 113
or any cordoned off area(s) for special eventSpecial Events; 114
(7) Signature of the owner of the property on which the special eventSpecial Event is to be 115
held; 116
(8) Proof of written notice to all property owners within 350 feet of the location on which 117
a special event is to be held at least ten days prior to the special event. The notice must 118
contain the date, time, and location of the special event; and 119
((89) Proof of possession of any license or permit which, under federal, state or local laws 120
or regulations, the applicant is required to have in order to conduct the paradeParade or special 121
eventSpecial Event, or which, under any such law or regulation, would exempt the applicant 122
from the licensing requirements of this article. 123
(c) The application shall be executed by the individual applying for the permit or the duly 124
authorized agent or representative of the sponsoring organization. The permit requirements 125
set forth in this section apply in addition to all requirements in section 38-802. 126
127
(Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) 128
Sec. 66-224. - Application review and issuance. 129
(a) The city administrator or designee shall forthwith refer all applications for paradeParades 130
and special eventSpecial Events to the police chief or designee and to other city departments 131
as deemed necessary. 132
(b) The police chief or designee shall review each application to determine whether and to what 133
extent additional police protection is reasonably necessary and to what extent the 134
paradeParade or special eventSpecial Event will interfere with the safe and orderly movement 135
of vehicular and pedestrian movement on public streets. 136
(c) The city administrator or designee shall issue the permit as provided for herein, unless 137
grounds exist for denying the permit under section 66-225. 138
(d) The City Council shall review all special events requesting the use of city property or 139
employing fireworks. The City administrator or their designee may refer any Special Event 140
Permit to the City Council for their review. 141
142
(e) A notice of the date and time and contact information for the Special Event shall be provided 143
to all property owners within 500 feet of the property hosting a Special Event, unless an 144
alternative notification method has been approved by the City Administrator. 145
146
Sec. 66-225. - Denial of permit. 147
(a) The city administrator or designee may refuse to issue a parade or special eventSpecial Event 148
permit to the applicant for any of the following reasons: 149
(1) The conduct of the parade or special eventSpecial Event will substantially interrupt the 150
safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route 151
or location. 152
(2) The conduct of the parade or special eventSpecial Event will require the diversion of an 153
amount of city resources necessary to maintain adequate city function, in the sole 154
discretion of the City Administrator or their designee. 155
(3) The paradeParade or road race or tour is not scheduled to move from its point of origin 156
to its point of termination expeditiously and without unreasonable delays en route. 157
(4) Adequate sanitation and other required health facilities are or will not be available. 158
(5) Sufficient parking near the site of the paradeParade or special eventSpecial Event has 159
not been provided to accommodate the number of vehicles reasonably expected, or the 160
applicant has not provided a plan that is sufficient to shuttle visitors to and from a special 161
eventSpecial Event. 162
(6) The application fails to comply with relevant provisions of section 38-802. 163
(7) An investigation revealed that theThe applicant falsified information on the application. 164
(8) Failure of the applicant to pay the required fee. 165
(10) Failure of the applicant or the owner of the property on which the special eventSpecial 166
Event is to be held to sign the application. 167
(11). The completed application was not received 210 or more days before the event. 168
169
(b) The city administrator or designee shall act promptly upon a timely filed application for a 170
paradeParade or special eventSpecial Event permit, but in no event shall grant or deny a permit 171
less than 48 hours prior to the paradeParade or special eventSpecial Event and shall include 172
reasons for denial. 173
(Code 1984, § 6.08(4); Ord. No. 57 3rd series, § 2, 4-27-2009; Ord. No. 178 3rd series, § 5, 10-174
10-2016) 175
Sec. 66-226. - Payment of expenses. 176
The applicant for a parade, a special eventSpecial Event, or a private event permit shall pay 177
an application fee as determined from time to time for by the City Councilservice charge for the 178
governmental services provided to enforce this article; and the city may, as a condition of 179
approval of the permit, require that the applicant deposit money with the city in a sum equal to 180
the estimated service charge to be incurred by the city. Service charges include all city staff time 181
or city consultant time necessary. The city may certify to the county auditor any unpaid service 182
charges which shall be collected together with property taxes levied against the property. 183
(Code 1984, § 6.08(8); Ord. No. 48 3rd series, § 4, 8-25-2008) 184
Sec. 66-227. - Fees. 185
All permits provided for in this division shall be issued only upon payment in full of permit 186
fees and other costs fixed and determined by resolution. 187
(Code 1984, § 6.08(9)) 188
Sec. 66-228. - Prohibitions. 189
The following prohibitions shall apply to all parades and special eventSpecial Events: 190
(1) It shall be unlawful for any person to stage, present, or conduct any parade or special 191
eventSpecial Event without first having obtained a permit as herein provided. 192
(2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly 193
licensed paradeParade or special eventSpecial Event to knowingly fail to comply with 194
any condition of the permit. 195
(3) It shall be unlawful for any person to engage in any paradeParade or special eventSpecial 196
Event that would constitute a substantial hazard to the public safety or that would 197
materially interfere with or endanger the public peace or rights of residents to the quiet 198
and peaceful enjoyment of their property. 199
(4) The following Special Events shall be prohibited: 200
a. Closed Road Races 201
b. Events using Trunk Highways 202
c. Events on Big Island. 203
(Ord. No. 57 3rd series, § 3, 4-27-2009) 204
Sec. 66-229. - Revocation of permit. 205
The city administrator or designee shall have the authority to revoke a paradeParade or 206
special eventSpecial Event permit instantly upon violation of the conditions or standards for 207
issuance as set forth in this article or when a public emergency arises where the police resources 208
required for that emergency are so great that deployment of police services for the paradeParade 209
or special eventSpecial Event would have an immediate and adverse effect upon the welfare and 210
safety of persons or property. 211
Sec. 66-230. – Penalties 212
(a) On a finding thatIf an applicant, permit holder, or any person licensee has failsed to 213
comply with any provision of an applicable statute, rule or ordinance relating to alcoholic 214
beverages,Article VI Special Events, the city may impose an administrative penalty as set 215
forth in the chart in clause (c) of this Section. revoke the license, suspend the license, impose 216
a civil penalty of up to $2,000.00 for each violation, or impose any combination of these 217
sanctions. Conviction of a violation in a court of law is not required in order for the council to 218
impose the civil penaltyimposition of an administrative penalty. Appeals of an administrative 219
penalty issued pursuant to this section shall be heard in accordance with the procedure set 220
forth in Article VII Administrative Offenses and Penalties. 221
222
Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall 223
take effect until the licensee has been afforded an opportunity for a hearing pursuant to the 224
Administrative Procedures Act, Minn. Stat. §§ 14.57 to 14.70, as it may be amended from 225
time to time. The council may act as the hearing body under that act, or it may contract with 226
the office of hearing examiners for a hearing officer. Non-payment of the penalty is grounds 227
for suspension or revocation of the license. 228
(b) Multiple violations are computed by checking the time period of the three (3) years 229
immediately prior to the date of the most current violation. 230
231
(c) The presumptiveed penalties for violations are as follows: 232
1 st violation $250.00 plus costs
2 nd violation $500.00 plus costs
3 rd violation $1,000.00 plus costs
233
SECTION 2. Article VIII of the Orono City Code is amended as follows: 234
ARTICLE VIII. - ADMINISTRATIVE OFFENSES AND PENALTIES 235
DIVISION 1. - IN GENERAL 236
Sec. 66-250. - Administrative offenses. 237
The Orono City Council has determined to enforce certain offenses within the City of 238
Orono as administrative offenses. Those offenses to be enforced as administrative offenses shall 239
be determined by resolution of the city council as recommended by the chief of police. These 240
administrative penalty procedures in this section are intended to provide the public and the city 241
with an informal, cost effective, and expeditious alternative to traditional criminal charges for 242
violations of certain provisions of this code. The procedures are intended to be voluntary on the 243
part of those who have been charged with those offenses. 244
(Ord. No. 121 3rd series, § 1, 12-9-2013) 245
Sec. 66-251. - Violation/penalty. 246
Any person violating one of the administrative offenses within the City of Orono shall be 247
subject to the scheduled administrative penalty. The city council shall determine the 248
administrative penalties and both the administrative offenses and the penalty amount may be 249
amended, from time to time, by resolution of the city council. 250
(Ord. No. 121 3rd series, § 1, 12-9-2013) 251
Sec. 66-252. - Enforcement. 252
Any member of the police department or any other person employed by the city with 253
authority to enforce the city Code may issue administrative violations under this article. 254
Notice shall be given to the violator setting forth the nature of the offenses, the date, time of 255
the violation, the name of the official issuing the citation and the amount of the scheduled 256
penalty. 257
(Ord. No. 121 3rd series, § 1, 12-9-2013) 258
Sec. 66-253. - Payment. 259
Once notice of an administrative violation is given, the person responsible for the violation shall, 260
within 14 calendar days of issuance of the notice, pay the stated violation penalty to the City. At 261
any time before the payment of the administrative penalty is due, the person who has been given 262
notice of an alleged violation may request to appear before the city council to contest the request 263
for payment of the penalty. After a hearing before the council, the council may determine to 264
withdraw the request for payment or to renew the request for payment. Because the payment of 265
the administrative penalty is voluntary, there shall be no appeal from the decision of the council. 266
(Ord. No. 121 3rd series, § 1, 12-9-2013) 267
Sec. 66-254. - Failure to pay. 268
If a violator fails to pay the penalty imposed by this administrative citation, or if the violator 269
wishes to contest the citation,or the situation that created the violation remains uncorrected, then 270
the matter shall be processed as an article violation or criminal offense through the Hennepin 271
County District Court System the City may issue a petty misdemeanor or misdemeanor citation 272
for the violation of the ordinance. A person convicted of a violation of this Ordinance shall be 273
guilty of a misdemeanor and punished by a fine of not more than $1,000.00, imprisonment for a 274
term not exceeding 90 days, or any combination thereof; provided, however, that if the violation 275
is declared to be a petty misdemeanor, the penalty shall be a fine not to exceed $300.00. 276
Additionally, a person convicted of a violation of this article shall pay the costs of prosecution. 277
The city, in its discretion, may bring criminal charges in the first instance, rather than requesting 278
the payment of an administrative penalty, even if a penalty for the particular violation has been 279
established by Council resolution. If the administrative penalty is paid, or if any requested 280
correction of the situation resulting in the violation is completed, no criminal charges shall be 281
initiated by the city for the alleged violation. 282
(Ord. No. 57 3rd series, § 3, 4-27-2009) 283
SECTION 3. This ordinance shall be effective __________________________. 284
285
ADOPTED this day of , 2019, by the City Council of the City of 286
Orono. 287
288
CITY OF ORONO 289
290
BY: 291
Dennis Walsh, Mayor 292
293
ATTEST: 294
295
296
Anna Carlson, City Clerk 297
298
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
FILE NO. ___________________
RESOLUTION TO ADOPT ADMINISTRATIVE PENALTY FOR
ORONO CITY CODE ARTICLE VI: SPECIAL EVENTS
WHEREAS, the City Council has enacted Orono City Code §§ 66-250 and 66-251,
establishing a procedure for requesting the voluntary payment of administrative penalties for
certain violations of the code; and
WHEREAS, the provisions of Orono City Code §§ 66-250 and 66-251 authorize the City
Council, by a resolution adopted by a majority of its members, to identify administrative offenses
and establish penalties for these offenses;
NOW THEREFORE, be it resolved by the City Council as follows:
Any person who violates any provision of Article VI of Orono City Code shall face a
presumptive administrative civil penalty of $250 for a first violation, $500 for second violation,
and $1000 for a third violation or each violation thereafter as defined by Orono City Code § 66-
230(b).
EFFECTIVE DATE: This resolution shall be effective immediately upon passage according to
law.
ATTEST:
______________________________ _______________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS – ORDINANCE
- Tabled
Barnhart stated the intent of the last ordinance is to close a loophole in the City’s ordinance relating to
special events. Last summer/fall Staff learned of an issue in a neighborhood where a property owner held
a series of private events in their private home. These events did not require a permit due to the patrons
being bused in. There was no on-street parking, no trash generated, and no loud noise so it did not fall
within the City’s special event requirements. The City eventually reviewed it as a home occupation and
denied it.
The events occurred on Friday, Saturday, and Sunday on several weekends over the summer. At that time
a large bus would drive through the neighborhood and deliver the patrons to the house. The neighbors
felt uncomfortable with that.
Barnhart stated the draft ordinance is intended to define occasional private parties. The current ordinance
exempts private parties from special event permits. The draft ordinance adjusts the definitions of private
and special events and attempts to differentiate between an occasional private party and one that is more
impactful to neighborhoods.
Barnhart stated Staff’s discussion centered around the frequency of the events and what the true impact
was of the events. Traffic was not really an issue given the large bus delivering the patrons so it came
down to the frequency. The draft ordinance would allow a property to have three private events a year
without a permit from the City. The fourth event would require the issuance of a permit. Barnhart stated
Staff is not going to necessarily know about private events, but in the case where someone’s event
impacts the neighbors, there should be some protection to them.
The Planning Commission did hold a public hearing at their February meeting and no public comments
were received. During the Planning Commission discussion, there were questions related to the issuance
of permits. Special event permits are reviewed by the clerk and police chief and then issued by the clerk’s
office. There is no public hearing. Barnhart noted this is not a zoning code issue but actually is located
within the traffic section of the code.
Seals stated she was not on the Council when this was discussed last year, and upon reading the draft
ordinance, she struggled with it since it sounded like the government was trying to be big brother and
mandate parties at people’s homes, which she has no interest in doing. Seals asked what the true problem
is that they are trying to fix. Seals stated her assumption is even if you changed the ordinance and said
that someone cannot do three parties over the weekend, they will do two.
Seals stated the City Council needs to talk about this since it disrupted a whole neighborhood but that she
does not feel comfortable with the ordinance since it appears to be a little too invasive. Seals stated
theoretically fundraising parties and galas would or could fall under this.
Walsh stated he also struggled with the language. Walsh commented this is a complicated issue because
Orono has people on large lots with large driveways and their events do not cause a problem but there are
different issues in other neighborhoods. Walsh stated he does not know how to quantify it and that he
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does not want to be in the party enforcement business. Walsh stated the City did have a problem that
came up but that he has been struggling with how to deal with it since the events did not really generate
any noise or traffic issues.
Walsh noted the City Council has three new members on it since last fall and they do not have the history
on the issue. Walsh stated the Council should perhaps table it to gather more information and more
public input through another public hearing. Walsh stated people cannot park on the street he lives on at
all and when he has a party, the neighbors have to walk to his house. Walsh stated he does not want to pit
neighbor against neighbor whenever someone has a party. Walsh stated in his view the City Council
needs more public input to understand how to better deal with this and that it is similar to the quandary
the Council found itself in when trying to define a living wall.
Crosby stated he would like to hear from the public.
Dankey stated she heard a lot of the things already said that she has been thinking. Dankey stated when
she read through the draft ordinance she thought, no way, I do not want to support this. Dankey stated
she does attend a lot of charity parties in Orono and oftentimes they have more than 20 people. Dankey
stated the ordinance seems to be a little bit punitive and that it seems like the City is hitting everyone for
what may be one or two issues. Dankey stated she is not sure if there is another way to do this.
Seals stated she knows the Planning Commission and Staff have looked into this. Seals asked whether
Staff knows what other communities do in relation to this.
Brian Gerard, 680 North Arm Drive, stated he did read through the ordinance and that he has some major
issues with it. Gerard stated it comes down to definitions and what is the definition of an occasional party
or a crowd. Gerard stated he frequently will have a dinner party where people will spend the night and
the next day they might go boating or have a fire. Within a couple of weekends he would need a permit.
Gerard indicated he is also a real estate agent and that some weekends they might do two open houses and
two more the following weekend. Gerard stated he would have to pull a permit for the fourth one.
Gerard indicated he has talked to other residents and they feel the City should not be dictating how often
someone has a dinner party. Gerard stated the way the ordinance is written, it would be hard for residents
to stomach.
Walsh stated in his view the Council agrees with him.
Cindy Hilger, 585 South Brown Road, stated the Council has spoken to a lot of issues that she has with
the ordinance and that in her view the City will not be able to enforce it. Hilger indicated she lives on a
property that is highly visible and if the Council was to take her property and put it at the center of a half
mile circle, there would be, at a minimum, 21 properties that are either hidden by trees, gates, or long
driveways. Hilger stated those 21 properties are basically invisible but someone would be able to count
the number of cars in her driveway. Hilger stated the City is basically asking her to police her neighbors,
which is not her job, and that she resents being asked to do that. Hilger stated it is big brother at its finest
and that she is not sure this is how people want to live.
Gail Blackstone, 4465 Forest Lake Landing, stated she lives in the neighborhood where the incidents
occurred last summer and she did not feel disrupted at all during that period. Blackstone indicated she
was not aware of the previous public hearing that had been held but that she is concerned about the broad
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expansion of the definition for private events. Blackstone stated anyone with extended family that lives
in the area, particularly those with children and siblings of those children, this could impact their holiday
parties and family get-togethers. Blackstone stated the ordinance has the potential to be unevenly applied
and in her view it is overreaching.
Walsh stated in his view the ordinance is too broad and difficult to enforce. Walsh stated the City does
not need more regulations. Walsh noted the City does have an ordinance on the books today but that the
City has had problems enforcing that. Walsh stated the City Attorney has said if you cannot enforce
certain regulations, you should get rid of them. Walsh noted no public comments were received at the
Planning Commission but that the Council has received some input on it tonight and it appears the City
Council is in agreement with those comments.
Seals moved, Crosby seconded, to table Application No. 17-3897, City of Orono, Text Amendment:
Special Events.
Printup commented the City has to be careful to not get into situations where there are a lot of loopholes.
Walsh stated he feels bad for the neighbors but the Council has to consider what is enforceable and what
is not. Walsh stated he wants to avoid unintended consequences.
VOTE: Ayes 5, Nays 0.
Reeder asked what the City Council would like to see happen with the ordinance.
Walsh suggested the City Council discuss it at a future work session.
Seals stated the City Council should perhaps look at the current ordinance and ask whether it is worth
further debate. Seals stated this issue is causing disturbance to a neighborhood so the City Council does
not want to ignore it.
Suggested revisions to proposed Special Events amendments relating to Fireworks Displays
Line 24-31 Definition of Display Fireworks
Large fireworks designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation. This term includes, but is not limited to, salutes containing more than
2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of
pyrotechnic compositions, and other display pieces which exceed the limits of explosive
materials for classification as “consumer fireworks.”
Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S.
Department of Transportation at 49 CFR 172.101. This term also includes fused set pieces
containing components, which together exc eed 50 mg of salute powder.
Line 41 delete: fireworks – add: fireworks display
Line 93 add: provided that there is no fireworks display.
Line 123 add: There will be no exemption for fireworks displays .
Line 127 add: Special Instructions for Fireworks Display Applications
Fireworks displays may be sponsored by a city, fair association, amusement park or other public
or private organization only after obtaining a permit prior to conducting a display. Permits are
issued to the display sponsor.
State law prohibits private individuals, including a certified fireworks operator acting as an
individual, from sponsoring fireworks displays however, a fireworks display company may
sponsor displays for private parties.
All fireworks displays must be conducted under the direct supervision of a public display
fireworks operator certified by the Minnesota State Fire Marshal. Fire departments are not
exempt from this requirement.
Line 132 add: When a fireworks display is to be conducted, a permit must be
secured from the city clerk of that municipality. Before issuing the permit the city clerk must
refer an application for a permit to the chief of the fire department for review and approval. The
permit may not be issued unless the fire chief approves the application.
Application Form
The sponsor must, at a minimum, provide the following information to the city clerk (county
auditor) in writing when applying for a permit to conduct a fireworks display:
1. The name of the organization sponsoring the fireworks display, including the name, address
and phone number of the authorized agent of that organization. Permits are not transferable.
2. The name of the certified public display fireworks operator, and the operator’s certificate
number issued by the Minnesota State Fire Marshal, responsible for supervising the display.
3. The date, time of day and exact location of the proposed display.
4. Outdoor Displays: A diagram of the grounds where the display will be conducted. At the
minimum, the diagram must show the point at which the fireworks are to be discharged; the
location of all buildings, highways, streets, communication lines and other possible overhead
obstructions; and the lines behind which the audience will be restrained.
5. The approximate number and types of fireworks and / or pyrotechnic special effect devices to
be discharged.
6. The name(s) and birth date(s) of all assistants who will assist with the display. Assistants must
be at least 18 years of age. The names of all assistants must be recorded on the Firewo rks
Operator Display Report which must be filed with the Minnesota State Fire Marshal Division
following the display.
7. Proof of bond or certificate of insurance in an amount deemed appropriate by the city or
county for the payment of damages that could b e caused, either to persons or property, as a result
of the display and arising from acts of the sponsor, the pyrotechnic operator, their agents,
employees or subcontractors. It is recommended that the city or county be named as a co -insured
on any certificate of insurance.
8. A site safety plan which, at the minimum, must include procedures and actions to be taken in
the event a shell fails to ignite in, or discharge from a mortar, fails to function over the fallout
area, or otherwise malfunctions.
Permit and Inspection Fees
Outdoor Displays: The permit cannot be granted until the sponsor pays the permit fee, if any,
established by the city or county.
Fire Chief/County Sheriff Responsibilities
Upon being notified by the city clerk (county auditor) of an ap plication for permit, the fire chief
(sheriff) must conduct an investigation to determine the following:
1. That the operator of the display is competent and certified by the Minnesota State Fire
Marshal. Operator certification may be verified by contactin g the State Fire Marshal Division, or
checking the Division’s Web site at www.fire.state.mn.us. Certification by the State Fire Marshal
may be considered evidence of competency. Certified operators are issued a card upon
completion of the requirements for certification. The card must be kept in the operator’s
possession and presented to the authority having jurisdiction upon request.
2. Using National Fire Protection Association Standard 1123 – Code for Fireworks Display
(2006 edition) or 1126 – Standard for the Use of Pyrotechnics Before a Proximate Audience
(2006 edition), as guidance, that the displays is of such character and is to be so located,
discharged or fired that it will not be hazardous to property or endanger any person. In addition
to reviewing the diagram of the display area submitted with the permit application, the fire chief
(sheriff) should:
a. Inspect the areas selected for the discharge site, spectator viewing area, parking areas and
designated landing (fallout) area.
b. Obtain a written plan outlining the manner and location of storage of fireworks both prior to
delivery to the display site and at the display site, the type of fire protection (e.g. portable fire
extinguishers, standby fire department apparatus and / or personnel) that will be provided at the
discharge site, the means of direct communication with local public safety organizations in the
event of an emergency, and the provisions that will be made for crowd control.
d. Obtain a copy of the site safety plan submitted with the permit application that establishes
procedures and actions to be taken in the event that a shell fails to ignite in, or discharge from, a
mortar, fails to function over the fallout area, or otherwise malfunct ions
Line 140 delete: fireworks – add: fireworks display
Lin 146 add: The City will notify all property owners within 1000 feet pr ior to any City Council
meeting that includes a fireworks display permit application; to be followed by a second
notificatio n within three days after the City Council approval.
Line 152 add: This includes any fireworks display that might pose a risk to boats on Lake
Minnetonka.
Line 169 add: Completed fireworks display applications must be received sufficiently early to
allow for a public hearing with the City Council and receive City Council approval 10 days prior
to the event.
Line 173: add: Fireworks display applications not in compliance with Line 169 will be denied .
Email List:
Please create an email sign up list for those who wish to be notified when a fireworks display has
been approved. This could include dog owners, veterans with PTSD, those with elderly family
members at home, etc.
(FOR USE BY LOCAL JURISDICTIONS)
SAMPLE APPLICATION / PERMIT
OUTDOOR PUBLIC FIREWORKS DISPLAY
Applicant instructions:
1. This application is for an outdoor public fireworks display only and is not valid for an indoor fireworks display.
2. This application must be completed and returned at least 15 days prior to date of display.
3. Fee upon application is $_______________ and must be made payable to
Name of Applicant (Sponsoring Organization):
Address of Applicant:
Name of Applicant’s Authorized Agent:
Address of Agent:
Telephone Number of Agent: Date of Display: Time of Display:
Location of Display:
Manner and place of storage of fireworks prior to display:
Type and number of fireworks to be discharged:
MINNESOTA STATE LAW REQUIRES THAT THIS DISPLAY BE CONDUCTED UNDER THE DIRECT
SUPERVISION OF A PYROTECHN IC OPERATOR CERTIFIED BY THE STATE FIRE MARSHAL.
Name of Supervising Operator: _______________________________________________ Certificate No.:
Required attachments. The following attachments must be included with this application:
1. Proof of a bond or ce rtificate of insurance in amount of at least $
_________________________________________
(Suggested Amount: $1.5 million minimum)
2. A diagram of the ground at which the display will be held. This diagram (drawn to scale or with dimensions
included) must show the point at which the fireworks are to be discharged; the location of ground pieces; the
location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the
lines behind which the audience will be restrained.
3. Names and ages of all assistants that will be participating in the display.
The discharge of the listed fireworks on the date and at the location shown on this application is hereby approved,
subject to
the following conditions, if any:
I understand and agree to comply with all provisions of this application, MN Statute 624.20 through 624.25, MN
State Fire
Code, National Fire Protection Association Standard 1123 (2006 edition), applicable federal law(s) and the
requirements of
the issuing authorit y, and will ensure that the fireworks are discharged in a manner that will not endanger persons or
property
or constitute a nuisance.
Signature of Applicant (or Agent): ___________________________________________________ Date:
_______________
Signature of Fire Chief/County Sheriff: Date:
Signature of Issuing Authority : Date: ____________
Minnesota Department of Public Safety
State Fire Marshal Division
Public Display Fireworks Operator Guidelines
June 2011
Public Display Fireworks Operator Guidelines
June 2011 Page 2
Contents
INTRODUCTION ............................................................................................................................................ 4
PART A: PERMITS ......................................................................................................................................... 4
Exception .................................................................................................................................................. 4
Exception .................................................................................................................................................. 5
PERMIT PROCEDURE ................................................................................................................................... 5
Application Timeframe ................................................................................................................................. 5
Restrictions on Sponsors ............................................................................................................................... 5
Application Form .......................................................................................................................................... 6
Permit and Inspection Fees ........................................................................................................................... 6
City Clerk/County Auditor Responsibilities ................................................................................................. 7
Fire Chief/County Sheriff Responsibilities ................................................................................................... 7
PART B: GENERAL SAFETY REQUIREMENTS FOR FIREWORKS DISPLAYS ................................... 8
Exception .................................................................................................................................................. 8
Operator Responsibilities .............................................................................................................................. 8
On-site Fireworks Storage ............................................................................................................................ 9
Sponsor Responsibilities ............................................................................................................................... 9
OUTDOOR DISPLAYS ................................................................................................................................. 10
Location of Mortars .................................................................................................................................... 10
Location of Ground Pieces .......................................................................................................................... 10
Discharge / Display Site.............................................................................................................................. 11
Designated Landing/Fallout Area ............................................................................................................... 11
Smoking and Open Flames ......................................................................................................................... 11
Illumination ................................................................................................................................................. 11
Supervision of Fireworks ............................................................................................................................ 11
Ready Boxes ............................................................................................................................................... 11
HDPE Mortars ............................................................................................................................................ 11
Display Discontinued .................................................................................................................................. 11
Range Inspection ......................................................................................................................................... 11
INDOOR / PROXIMATE AUDIENCE DISPLAYS ..................................................................................... 12
Demonstration and Approval ...................................................................................................................... 12
Fire Watch ................................................................................................................................................... 12
Separation Distances ................................................................................................................................... 13
Display Discontinued .................................................................................................................................. 13
Types of Devices Allowed .......................................................................................................................... 13
Smoke Control ............................................................................................................................................ 13
Smoking/Open Flame ................................................................................................................................. 13
Attending of Materials ................................................................................................................................ 13
Precautions .................................................................................................................................................. 13
Notice to Patrons ......................................................................................................................................... 13
PART C: REPORTING REQUIREMENTS .................................................................................................. 13
Report to State Fire Marshal ....................................................................................................................... 14
Early Reporting ........................................................................................................................................... 14
Documenting Assistants.............................................................................................................................. 14
Failure with Report ..................................................................................................................................... 14
PART D: PYROTECHNIC OPERATOR CERTIFICATION REQUIREMENTS ....................................... 14
CERTIFICATION .......................................................................................................................................... 14
Age .............................................................................................................................................................. 14
Public Display Fireworks Operator Guidelines
June 2011 Page 3
Application Form ........................................................................................................................................ 15
Reciprocity .................................................................................................................................................. 15
Evidence of Experience .............................................................................................................................. 15
References ................................................................................................................................................... 16
Fee ............................................................................................................................................................... 16
Notification ................................................................................................................................................. 16
Classification............................................................................................................................................... 16
Length of Certification ................................................................................................................................ 16
CERTIFICATION RENEWAL ...................................................................................................................... 16
Application Form ........................................................................................................................................ 16
Evidence of Experience .............................................................................................................................. 16
Fee ............................................................................................................................................................... 17
Notification ................................................................................................................................................. 17
Refusal to Renew Certification ................................................................................................................... 17
Classification............................................................................................................................................... 17
Restrictions ................................................................................................................................................. 17
Length of Certification ................................................................................................................................ 17
SUSPENSION OR REVOCATION ............................................................................................................... 17
Operator Restrictions .................................................................................................................................. 18
Surrender of Certificate............................................................................................................................... 18
Length of Suspension .................................................................................................................................. 18
Length of Revocation .................................................................................................................................. 18
PART E: FEDERAL REQUIRMENTS ......................................................................................................... 18
Definition of Display Fireworks ................................................................................................................. 18
Minnesota Statutes 624.20-624.25 Relating to Fireworks .............................................................................. 19
624.20 Fireworks. ....................................................................................................................................... 19
624.21 Sale, possession, and use of fireworks prohibited. ......................................................................... 19
624.22 Fireworks displays; permit; operator certification. ......................................................................... 20
624.221 Exemptions for license or permit holder. ...................................................................................... 22
624.23 Construction of sections 624.20 to 624.25...................................................................................... 23
624.24 Officers may seize illegal fireworks. .............................................................................................. 23
624.25 Violation. ........................................................................................................................................ 23
ATTACHMENTS ........................................................................................................................................... 24
Sample Application / Permit Display of Fireworks / Pyrotechnic Special Effects ..................................... 24
Minnesota State Fire Marshal Application for Permit Display of Indoor Fireworks / Pyrotechnic Special
Effects ......................................................................................................................................................... 24
Fireworks Operator Certification Application ............................................................................................ 24
Minnesota Department of Revenue License Applicant Information Form ................................................ 24
Fireworks Operator Display Report ............................................................................................................ 24
American Pyrotechnics Association Proximate Pyrotechnics Checklist .................................................... 24
Public Display Fireworks Operator Guidelines
June 2011 Page 4
MINNESOTA STATE FIRE MARSHAL
PUBLIC DISPLAY FIREWORKS OPERATOR GUIDELINES
Revised 06/11
INTRODUCTION
Minnesota state law requires that public fireworks displays be conducted only when supervised by a
pyrotechnic operator (supervising operator) certified by the Minnesota State Fire Marshal. The purpose of
these guidelines is to familiarize municipal and county officials, organizations wishing to sponsor a fireworks
display, and pyrotechnic operators with state permit and operator certification requirements. The guidelines
also describe the responsibilities of the sponsoring organization and the supervising operator, and outlines the
minimum fire and life safety requirements applicable to fireworks displays.
The information contained in this guideline is based on the provisions of Minn. Stat. § 624.20 - 624.25, the
2007 Minnesota State Fire Code, and National Fire Protection Association Standards 1123 (2006 edition) and
1126 (2006 edition).
A copy of Minnesota Statutes § 624.20 - 624.25 is included as part of these guidelines. The 2007 Minnesota
State Fire Code is available from the Minnesota State Bookstore at (651) 297-3000. National Fire Protection
Association (NFPA) standards are available from the NFPA at 1-800-344-3555.
Persons with questions relating to fireworks permit or certification requirements should contact the Minnesota
State Fire Marshal Division by phone at 651-201-7200, or by mail at:
Minnesota State Fire Marshal Division
Fireworks Operator Certification Program
444 Cedar Street, Suite 145
St. Paul, MN 55101-5145
Questions may also be submitted by email to firecode@state.mn.us. Fireworks information is posted on the
State Fire Marshal Division Web site at www.fire.state.mn.us .
PART A: PERMITS
Fireworks displays may be sponsored by a city, fair association, amusement park or other public or private
organization only after obtaining a permit prior to conducting a display. Permits are issued to the display
sponsor.
State law prohibits private individuals, including a certified fireworks operator acting as an individual, from
sponsoring fireworks displays however, a fireworks display company may sponsor displays for private
parties.
All fireworks displays must be conducted under the direct supervision of a public display fireworks operator
certified by the Minnesota State Fire Marshal. Fire departments are not exempt from this requirement.
Exception
Cities and counties are allowed, but not required, to exempt displays involving the use of
smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical
productions from the requirement for a permit. However, such displays are required to be
Public Display Fireworks Operator Guidelines
June 2011 Page 5
conducted in a safe manner in accordance with all applicable codes and standards. Contact
local authorities to determine if this exemption applies.
Outdoor Displays Within a Municipality
When a fireworks display is to be conducted within the corporate limits of a municipality, a permit must be
secured from the city clerk of that municipality. Before issuing the permit the city clerk must refer an
application for a permit to the chief of the fire department for review and approval. The permit may not be
issued unless the fire chief approves the application.
Outdoor Displays Outside a Municipality
When a fireworks display is to be conducted outside the corporate limits of a municipality a permit must be
secured from the county auditor who is responsible for performing the duties assigned to the city clerk. In
such cases the duties normally performed by the chief of the fire department are to be performed by the
county sheriff. The county sheriff is encourage, but not required by law, to coordinate the sheriff’s
investigation with the chief of the fire department serving the portion of the county in which the display will
be conducted. The permit may not be issued unless the sheriff approves the application.
Indoor Displays
When an indoor fireworks display is to be conducted at any location, a permit must be secured from the
Minnesota State Fire Marshal. The State Fire Marshal will conduct an investigation to determine whether a
permit should be issued.
Exception
The State Fire Marshal has delegated the authority to issue indoor fireworks display permits
to certain local fire chiefs. A list of cities which have received this delegation is maintain in
the office of the State Fire Marshal and is posted on the State Fire Marshal Web site at
www.fire.state.mn.us. When an indoor fireworks display is to be conducted in a city which
has received this delegation the permit must be obtained from the chief of the fire department
in that city, or the chief’s designee, not the State Fire Marshal.
PERMIT PROCEDURE
Application Timeframe
Unless specifically exempted by the city or county (see exemption to permit requirement on page 2), a
permit for an outdoor display must be secured from the city clerk (county auditor), or the State Fire Marshal
for indoor displays, prior to conducting a fireworks display. The sponsor of the proposed display must
submit a written permit application at least 15 days in advance of the date of the display.
Restrictions on Sponsors
Fireworks displays may be sponsored by a city, fair association, amusement park or other public or private
organization. Examples of a public organization include a county, township or other public entity. Examples
of private organizations include churches, fraternal / veteran’s organizations, businesses, companies, lake
associations and private colleges.
State law prohibits private individuals, including a certified public display fireworks operator acting as an
individual, from sponsoring fireworks displays. A fireworks display company may sponsor displays for
private parties.
Public Display Fireworks Operator Guidelines
June 2011 Page 6
Application Form
The sponsor must, at a minimum, provide the following information to the city clerk (county auditor) in
writing when applying for a permit to conduct a fireworks display:
1. The name of the organization sponsoring the fireworks display, including the name, address and
phone number of the authorized agent of that organization. Permits are not transferable.
2. The name of the certified public display fireworks operator, and the operator’s certificate number
issued by the Minnesota State Fire Marshal, responsible for supervising the display.
3. The date, time of day and exact location of the proposed display.
4. Outdoor Displays: A diagram of the grounds where the display will be conducted. At the minimum,
the diagram must show the point at which the fireworks are to be discharged; the location of all
buildings, highways, streets, communication lines and other possible overhead obstructions; and the
lines behind which the audience will be restrained.
Indoor / Proximate Audience Displays: A diagram of the facility where the display will be
conducted. At the minimum, the diagram must show the point at which the fireworks will be
discharged and the fallout radius for each pyrotechnic device used during the display.
5. The approximate number and types of fireworks and / or pyrotechnic special effect devices to be
discharged.
Changes in the Display: For indoor and proximate audience displays, any changes adding fireworks
or pyrotechnic special effects different from those described in the initial application must be
approved in advance by the authority issuing the permit. Unless otherwise acceptable to the authority
issuing the permit, all requests for changes must be submitted at least 24 hours prior to the display.
6. The name(s) and birth date(s) of all assistants who will assist with the display. Assistants must be at
least 18 years of age. The names of all assistants must be recorded on the Fireworks Operator
Display Report which must be filed with the Minnesota State Fire Marshal Division following the
display.
7. Proof of bond or certificate of insurance in an amount deemed appropriate by the city or county for
the payment of damages that could be caused, either to persons or property, as a result of the display
and arising from acts of the sponsor, the pyrotechnic operator, their agents, employees or
subcontractors. It is recommended that the city or county be named as a co-insured on any certificate
of insurance.
8. A site safety plan which, at the minimum, must include procedures and actions to be taken in the
event a shell fails to ignite in, or discharge from a mortar, fails to function over the fallout area, or
otherwise malfunctions.
Permit and Inspection Fees
Outdoor Displays: The permit cannot be granted until the sponsor pays the permit fee, if any,
established by the city or county.
Public Display Fireworks Operator Guidelines
June 2011 Page 7
Indoor Displays: The fee for an indoor display permit obtained from the Minnesota State Fire Marshal
is $150.00. Payment must accompany the application for a permit, be in the form of a money order,
cashier’s check, or certified check made payable to the Minnesota State Fire Marshal. In addition, the
sponsoring organization will be invoiced for the actual costs, including personnel and travel costs,
incurred by the State Fire Marshal in order to conduct the required inspection.
City Clerk/County Auditor Responsibilities
Upon receipt of an application for permit, the city clerk (county auditor) must promptly refer the application
to the chief of the local fire department (county sheriff) for review. If, after conducting an appropriate
investigation, the fire chief (sheriff) authorizes the display and the required permit fee is paid (where
applicable), the city clerk (county auditor) must issue a permit.
Fire Chief/County Sheriff Responsibilities
Upon being notified by the city clerk (county auditor) of an application for permit, the fire chief (sheriff)
must conduct an investigation to determine the following:
1. That the operator of the display is competent and certified by the Minnesota State Fire Marshal.
Operator certification may be verified by contacting the State Fire Marshal Division, or checking the
Division’s Web site at www.fire.state.mn.us.
Certification by the State Fire Marshal may be considered evidence of competency. Certified
operators are issued a card upon completion of the requirements for certification. The card must be
kept in the operator’s possession and presented to the authority having jurisdiction upon request.
2. Using National Fire Protection Association Standard 1123 – Code for Fireworks Display (2006
edition) or 1126 – Standard for the Use of Pyrotechnics Before a Proximate Audience (2006 edition),
as guidance, that the displays is of such character and is to be so located, discharged or fired that it
will not be hazardous to property or endanger any person. In addition to reviewing the diagram of
the display area submitted with the permit application, the fire chief (sheriff) should:
a. Inspect the areas selected for the discharge site, spectator viewing area, parking areas and
designated landing (fallout) area.
b. For indoor and proximate audience displays, request a walk-through and representative
demonstration of the fireworks and / or pyrotechnic special effects as a condition of approval for
the issuance of a permit.
c. Obtain a written plan outlining the manner and location of storage of fireworks both prior to
delivery to the display site and at the display site, the type of fire protection (e.g. portable fire
extinguishers, standby fire department apparatus and / or personnel) that will be provided at the
discharge site, the means of direct communication with local public safety organizations in the
event of an emergency, and the provisions that will be made for crowd control.
d. Obtain a copy of the site safety plan submitted with the permit application that establishes
procedures and actions to be taken in the event that a shell fails to ignite in, or discharge from, a
mortar, fails to function over the fallout area, or otherwise malfunctions.
When indoor displays require smoke detectors to be by-passed and / or air-handling systems to be
disengaged, the authority issuing the permit shall ensure the local fire chief has been notified and
Public Display Fireworks Operator Guidelines
June 2011 Page 8
arrangements have been made to have a representative of the fire department present for all displays and
demonstrations. The fire department representative shall have a means of direct communication with the
department’s emergency dispatch center. The sponsoring organization, at the discretion of the chief of the
fire department, is responsible for the actual costs of providing an on-site fire department representative
during the display.
Once the authority having jurisdiction (fire chief, sheriff, State Fire Marshal) has determined that
requirements of Minnesota Statute § 624.20 - 624.25, the 2007 Minnesota State Fire Code, and NFPA
standard 1123 (2006 edition) and / or 1126 (2006 edition) have been met, the proposed display will be
supervised by an public display fireworks operator certified by the State Fire Marshal, and the display will
not be hazardous to property or endanger persons, the fire chief (sheriff) shall promptly notify the city clerk
(county auditor). When so notified, the city clerk, county auditor, or the State Fire Marshal (indoor displays
only) must issue a permit for the conduct of the display.
PART B: GENERAL SAFETY REQUIREMENTS FOR FIREWORKS DISPLAYS
Supervision
A fireworks display may only be conducted when supervised by a pyrotechnic operator certified by the
Minnesota State Fire Marshal.
Exception
Cities and counties are allowed, but not required, to exempt displays involving the use of
smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical
productions from this requirement. Such displays are, however, required to be conducted in a
safe manner in accordance with all applicable codes and standards. Contact local
authorities to determine if this exemption is applicable.
Operator Responsibilities
The certified fireworks operator is responsible for all aspects of the display related to fireworks and other
pyrotechnics. While the operator may actively participate in the firing of the display, safety must be the
operator’s primary concern. The operator must ensure that:
1. No fire or life safety hazard is allowed to exist or occur during the storage, transportation, handling,
preparation or use of fireworks.
2. All displays are conducted in accordance with applicable laws, codes, regulations, standards and
guidelines relating to fireworks.
3. A sufficient number of qualified assistants are on hand for the safe conduct of the display, that all
assistants are fully trained in the proper performance of their assigned tasks and are knowledgeable
of safety hazards and procedures and the use of portable fire extinguishers.
Any person acting as an assistant at a fireworks display must be a minimum of 18 years of age. The
certified operator is responsible for verifying the age of all assistants and providing for their constant
supervision.
4. Proper protective gear (i.e., head protection, eye protection, hearing protection, foot protection, and
protective clothing) is worn by all personnel involved in the display. Suitable protective clothing
includes long-sleeved shirts and long pants made of 100 percent cotton, leather, Nomex, or other
Public Display Fireworks Operator Guidelines
June 2011 Page 9
equivalent fabric.
5. A sufficient number of fire extinguishers of a suitable type are present while fireworks and other
pyrotechnic materials are being loaded, prepared for firing or fired.
6. Contacting the local fire chief to determine the level of fire protection required for the display.
In addition to portable fire extinguishers, fire protection may include standby fire apparatus and
personnel at or beyond the perimeter of the display site, and / or down range as deemed necessary by
the fire chief. When required by the fire chief the cost of standby apparatus and / or personnel must
be borne by the sponsoring organization. Fire apparatus and personnel remain subject to the chief's
orders at all times when so employed.
7. Crowd control monitors are provided around the discharge site to prevent spectators, or any other
unauthorized persons, from entering the site. When agreed to by the sponsor, the sponsor assumes
responsibility for providing all or a portion of the required monitors.
Provisions for crowd control are subject to approval by the fire chief (sheriff). Monitors should wear
distinctive identification (e.g. badges, colored vests, etc.). Where practical, fencing, ropes or other
barriers should be used to assist in crowd control.
This is not intended to be an all inclusive list. Additional requirements may be contained in National Fire
Protection Association Standard 1123 (2006 edition) or 1126 (2006 edition).
On-site Fireworks Storage
Requirements for the on-site storage of fireworks are contained in Chapter 33 of the 2007 Minnesota State
Fire Code. Additional requirements are contained in National Fire Protection Association Standards 1123
and 1126, 2006 editions.
In brief, as soon as fireworks are delivered to the display site, they must be supervised, kept dry at all times
and inspected for damage. Display fireworks temporarily stored at the site during the fireworks display shall
be stored in ready boxes located upwind and at least 25 feet from the mortar placement and separated
according to size and their designation as salutes. (An exception applies for electrically fired displays, or
displays where all shells are loaded into mortars prior to the show.) Preparation areas for display fireworks
shall be secured from public areas by at least 100 feet.
Sponsor Responsibilities
The sponsor of the fireworks display is responsible for the following:
1. Obtaining the required state, city or county permit for the display.
2. Ensuring that the local fire chief has been contacted regarding requirements for standby fire
apparatus and/or personnel.
3. Providing crowd control monitors around the discharge site to prevent spectators or any other
unauthorized persons from entering the site (requires prior agreement of both the sponsor and
supervising pyrotechnic operator). Provisions for crowd control are subject to approval by the fire
chief (sheriff). Monitors should wear some distinctive identification (e.g. badges, colored vests, etc.).
Where practical, fencing ropes or other types of barriers should be used to assist in crowd control.
Public Display Fireworks Operator Guidelines
June 2011 Page 10
4. Contact and obtain permits from any other authority having jurisdiction to include but not limited to:
FAA, US Coast Guard, USDoT
5. Contact and obtain permission from any private or public owners of buildings or property that are
within the secured fireworks display site.
This is not intended to be an all inclusive list. Additional requirements may be contained in National Fire
Protection Association Standard 1123 (2006 edition) or 1126 (2006 edition).
OUTDOOR DISPLAYS
The display, storage, use and handling of fireworks and pyrotechnic special effects materials must be in
accordance with Article 33 of the 2007 Minnesota State Fire Code and National Fire Protection Association
Standard No. 1123, 2006 edition. Where there is a conflict between the provisions of the 2007 Minnesota
State Fire Code and National Fire Protection Association Standard 1123, the provisions of the Minnesota
State Fire Code take precedence.
While it is not the intent of this guideline to duplicate or replace the requirements of the applicable codes
and standards, following are some of the general safety factors the fire chief (sheriff) must consider when
making a determination as to whether a fireworks display should be authorized. This not intended to be an
all inclusive list. Additional requirements may be contained in National Fire Protection Association
Standard 1123 (2006 edition).
Location of Mortars
Mortars must be separated from spectator viewing areas, spectator vehicles and approved buildings in
accordance with the requirements of NFPA 1123, 2006 edition. For mortars 2 inches in diameter or larger,
the secured site radius is 70 feet per inch of internal mortar diameter for a secured site diameter of 140 feet
per inch of internal mortar diameter. For example, a 2 inch mortar requires a secured site diameter of 280
feet while a 4 inch mortar requires a secured site diameter of 560 feet. Mortars 1 inch in diameter or less
require a secured site diameter of at least 150 feet, 1.5 inch mortars require a secured site diameter of at least
210 feet and 2.5 inch mortars require a secured site diameter of at least 350 feet. (NFPA 1123, Table
5.1.3.1)
Unless approved by the fire chief (sheriff), the separation distances from health care facilities (e.g. hospitals,
nursing homes) and detention and correctional facilities (e.g. jails, prisons) must be double the distances
specified in NFPA 1123, 5.1.3. (NFPA 1123, 5.1.4.1 and NFPA 1123, 5.1.4.2)
Separation distances must be doubled from bulk storage areas of materials that have flammability
(e.g. gasoline), explosive (e.g. fertilizer) or toxic hazard (e.g. chlorine) must be twice what is otherwise
required. When unusual or safety-threatening conditions are present, the fire chief (sheriff) may require that
these distances be increased. (NFPA 1123, 5.1.1.2)
Location of Ground Pieces
Ground pieces having movable parts (e.g. revolving wheels, Roman candle batteries, and items employing
large salutes) must be located at least 125 ft. from spectators and vehicles. (NFPA 1123, 5.1.3.5.2) Ground
pieces having no movable parts (e.g. fixed ground pieces) are allowed not less than 75 ft. from spectators
and vehicles. (NFPA 1123, 5.1.3.5.1)
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Discharge / Display Site
The area selected for the discharge of aerial shells must be located so that the trajectory of the shells will not
come within 25 ft. of any overhead object. (NFPA 1123, 5.1.4.7)
Spectators or spectator parking shall not be located within the display site. (NFPA 1123, 5.1.3.1)
Only the operator, necessary assistants, and inspectors appointed by the fire chief / sheriff are allowed in the
display site while the display is in progress.
Dwellings, buildings, and structures shall be permitted within the display site with the approval of the fire
chief / sheriff and the owner of the dwelling, building, or structure, provided that the dwelling, building, or
structure is unoccupied during the display, or the structure provides protection for the occupants though
noncombustible or fire-resistant construction. (NFPA 1123, 5.1.4.6)
Designated Landing/Fallout Area
The area over which aerial shells are fired and into which debris and malfunctioning aerial shells can fall
(i.e. the designated landing area or fallout area) must be a large, clear, open area approved by the local fire
chief / sheriff. Spectators, unauthorized vehicles, watercraft, and readily combustible materials must not be
allowed in this area during the display. (NFPA 1123, 5.1.5.2)
Smoking and Open Flames
Smoking materials, matches, lighters or open flame devices are prohibited within 50 ft. of any area where
fireworks or other pyrotechnic materials are present. (NFPA 1123, 8.1.6.1). NO SMOKING OR OPEN
FLAME signs must be conspicuously posted in the area.
Illumination
Operators and assistants must use only flashlights, chemical chemiluminescent lights or electric lighting for
artificial illumination. (NFPA 1123, 8.1.5)
Supervision of Fireworks
Fireworks shall be protected from direct access by the public, must not be left unattended, unsecured, or
allowed to become wet at the display site. (NFPA 1123, 7.5.7.1 and NFPA 7.5.7.2, and MSFC Chapter 33,
Section(s) 3308.5.1 and 3308.5.2)
Ready Boxes
Ready boxes (i.e. a portable, weather resistant storage containers for aerial shells at the site of a fireworks
display) must be located at least 25 ft. in an upwind direction from mortars. (NFPA 1123, 4.2.4.3)
HDPE Mortars
High density polyethylene (HDPE) mortars may be reloaded during the same display. (Provided as a
clarification due to the prohibition of such reloading which was contained in an earlier state fire code.)
Display Discontinued
If the local fire chief or pyrotechnic operator determines that there is a lack of crowd control or that the
crowd is in danger, the display must be immediately discontinued. If at any time high winds or wet weather
create a danger, the display must be postponed until weather conditions are acceptable to the fire chief and
the certified pyrotechnic operator. (NFPA 1123, 8.1.4, NFPA 8.1.4.1, NFPA 8.1.4.2)
Range Inspection
The entire firing range must be inspected immediately following a display, and prior to allowing public
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access, for the purpose of locating unexploded aerial shells or live components. (NFPA 1123, 8.2.12) If the
firing range cannot be thoroughly inspected due to darkness, or other safety reasons, the site must be
secured and immediately inspected the following morning. (MSFC, Chapter 33, Section 3308.9)
This is not intended to be an all inclusive list. Additional requirements may be contained in National Fire
Protection Association Standard 1123 (2006 edition)
INDOOR / PROXIMATE AUDIENCE DISPLAYS
Note: MN Statute § 624.22 Subd.2(b)(d) defines fireworks displays as either “outdoor” or “indoor” while
the MN State Fire Marshal Fireworks Operator Certificate certifies the fireworks operator as either
“outdoor” or “proximate audience”. NFPA 1126 (2006 Edition) is the code for proximate audience
displays and is the primary code when dealing with indoor fireworks displays. However, proximate
audience displays may also occur outdoors, such as with concerts and theatrical performances. If the
fireworks operator chooses to use NFPA 1126 (2006 Edition) separation distances in an outdoor setting,
they must be certified for proximate audience. If the fireworks operator is certified for outdoor displays
only, they must follow the separation distances outlined in NFPA 1123 (2006 Edition) for ground display
pieces.
All indoor displays of pyrotechnic special effects, and outdoor displays where the audience is closer to
pyrotechnic devices than permitted by NFPA 1123 are considered proximate audience displays. The display,
storage, use and handling of fireworks and pyrotechnic special effects materials for proximate audience
displays must be in accordance with Article 33 of the 2007 Minnesota State Fire Code and National Fire
Protection standard 1126 (2006 edition). Where there is a conflict between the provisions of the Minnesota
State Fire Code and National Fire Protection Association Standard 1126, the provisions of the Minnesota
State Fire Code take precedence.
While it is not the intent of this guideline to duplicate or replace the requirements of the applicable codes
and standards, following are some of the general safety factors the fire chief (sheriff) must consider when
making a determination as to whether a fireworks display should be authorized. This not intended to be an
all inclusive list. Additional requirements may be contained in National Fire Protection Association
Standard 1126 (2006 edition).
Demonstration and Approval
A walk-through and representative demonstration of the pyrotechnics shall be approved by the fire chief
(sheriff) before a permit is approved. (NFPA 1126, 6.4.1.1)
Fire Watch
Where an indoor display requires the interruption of fire detection and life safety systems, prior approval
must be obtained from the fire chief (sheriff) and the building owner or owner’s agent, and arrangements
made to have a representative of the fire department (i.e. fire watch) present for all displays, rehearsals and
demonstrations. (NFPA 1126, 8.1.6.1, NFPA 6.4.3.1)
All fire detection and life safety systems, and other building systems that have been disarmed or disengaged,
must be reinstated to normal operating condition as soon as the likelihood of false alarms from the use of
pyrotechnics has passed. (NFPA 1126, 8.7.6, NFPA 1126, 6.4.3.2) The fire watch must be maintained until
the restoration of normal functioning has been verified.
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Separation Distances
Each pyrotechnic device fired during a performance must be separated from the audience by at least 15 ft.,
but not less than two (2) times the fallout radius of the device, unless otherwise approved by the fire chief
(sheriff). (NFPA 1126, 8.4.1) For example, if a pyrotechnic device has a fallout radius of 10 ft., a
minimum distance of 20 feet must separate the device from the audience.
Concussion mortars must be separated from the audience by a minimum of 25 ft. (NFPA 1126, 8.4.2)
There shall be no glowing or flaming particles within 10 feet of the audience (NFPA 1126, 8..3)
Display Discontinued
The display must be immediately stopped if the local fire chief (sheriff) or pyrotechnic operator determines
there is a danger to spectators or property. (NFPA 1126, 8.3.8)
Types of Devices Allowed
All pyrotechnic devices and binary systems used indoors must be specifically manufactured and labeled for
indoor use. (NFPA 1126, 7.2.1, NFPA 1126, 7.4.2)
Smoke Control
When pyrotechnic special effects material is fired within a building, the quantity of smoke developed must
not obscure the visibility of exit signs or paths of egress travel. (NFPA 1126. 8.6.6)
Smoking/Open Flame
Smoking shall not be permitted within 25 ft. of the area where pyrotechnics are being handled or stored,
except for smoking done as part of the performance as approved by the fire chief (sheriff) and the
pyrotechnic operator. (NFPA 1126, 8.5.5.1. NFPA 1126, 8.5.5.3)
Pyrotechnic materials shall not be stored within 50 ft. of any unprotected source of heat or open flame.
(NFPA 1126, 5.3)
Attending of Materials
No pyrotechnic materials or devices shall be left unsupervised unless they are in an approved secured
location. (NFPA 1126, 5.2.3)
Precautions
Precautions must be taken so that no part, projectile or debris from pyrotechnic materials or devices
damages overhead properties, overhead equipment, automatic sprinkler or detection systems, or the ceiling
and walls of the performance site. (NFPA 8.6.2)
Notice to Patrons
The operator of a facility where an indoor fireworks display occurs must provide no0tice in a prominent
place as approved by the authority issuing the display permit informing patrons attending a performance
when indoor fireworks will be part of the performance. (MS 624.22, Subdivision 1 (d))
This is not intended to be an all inclusive list. Additional requirements may be contained in National Fire
Protection Association Standard 1126 (2006 edition).
PART C: REPORTING REQUIREMENTS
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Report to State Fire Marshal
The supervising operator is also responsible for submitting written reports for each display to the State Fire
Marshal, on the form provided by the State Fire Marshal, for each fireworks display. When multiple
displays occur at the same location and on the same day, a separate report must be submitted for each
display. Reports must be submitted within 30 days following any fireworks display conducted by the
operator. (See Early Reporting Requirement below.) When multiple displays are conducted during any
given month, the reports may be submitted together in one monthly mailing.
Early Reporting
The operator must submit a written report to the State Fire Marshal on the form provided within 10
days following a fireworks display conducted by the operator if any of the following occurred:
a. injury to any person resulting from the display of fireworks;
b. fire or damage to property resulting from the display of fireworks; or
c. unsafe or defective pyrotechnic product was used or observed.
Documenting Assistants
All assistants used at a fireworks display must be at least 18 years old. The name and date of birth of each
assistant must be recorded on the Fireworks Operator Display Report filed by the supervising operator.
Failure with Report
In accordance with Minnesota Statutes § 624.22, Subd. 8, the State Fire Marshal may suspend, revoke or
refuse to renew the certification of an operator who fails to file the required report.
PART D: PYROTECHNIC OPERATOR CERTIFICATION REQUIREMENTS
In order to supervise a fireworks display, an operator must be certified by the Minnesota State Fire Marshal.
Part D of this guideline outlines the requirements for certification, renewal of certification, and suspension
or revocation of certification.
CERTIFICATION
An applicant for certification as a fireworks operator must meet the following requirements before the
applicant may be certified by the State Fire Marshal:
Age
The applicant must be at least 21 years old. Proof of age shall be established by providing a copy of the
applicant’s driver’s license or other government issued identification which includes the date of birth.
Examination
The applicant must have completed a written examination administered by the State Fire Marshal and
achieved a passing score of at least 70 percent. There is no fee for taking the examination.
1. The examination is designed to demonstrate the applicant’s knowledge of Minnesota Statute, the
Minnesota State Fire Code, and National Fire Protection Association standards relating to safe
practices for the storage, use, handling, discharge and display of fireworks and pyrotechnic special
effects materials.
2. The State Fire Marshal may waive the NFPA standard 1123 portion of the written exam when the
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applicant provides written proof of certification by the Pyrotechnics Guild International (PGI), Inc.,
or the American Pyrotechnics Association (APA) dated January 1, 2006 or later. The portions of the
examination related to Minnesota Statute § 624.20 - 624.25, and the Minnesota State Fire Code will
not be waived under any circumstances.
3. The examination is administered at the office of Minnesota State Fire Marshal. Examinations are
scheduled, at regular intervals during normal business hours. Contact the office to obtain the
examination schedule or check the division web site at www.fire.state.mn.us.
4. The examination is arranged in three parts: general knowledge, outdoor displays and proximate
audience displays. In order to be certified, all applicants must successfully pass the general portion
of the examination as well as the portions of the examination applicable to outdoor and / or
proximate audience displays, depending on the level of certification the applicant is seeking.
5. Persons failing to achieve a passing score of at least 70 percent are eligible to retake the examination
after 30 days.
6. The examination includes information from these guidelines, Minn. Stat. § 624.20 - 624.25, relevant
sections of the 2007 Minnesota State Fire Code, and National Fire Protection Association Standards
1123 (2006 edition) and 1126 (2006 edition).
7. Examinations successfully completed prior to meeting the experience requirement for certification
will be valid for a period of one year from the date of the examination. Applicants for certification
will be required to re-test if the required experience is not obtained during that time
Application Form
After successfully passing the examination, or providing written documentation of equivalent PGI or APA
certification deemed acceptable by the State Fire Marshal, the applicant must apply for certification in
writing to the State Fire Marshal by completing and signing an application form provided by the State Fire
Marshal.
Reciprocity
The State Fire Marshal does not have reciprocity with any other state’s certification process.
Evidence of Experience
The applicant must submit evidence of experience, which must include active participation as an operator or
assistant in the safe performance of at least five (5) safely conducted fireworks displays. At least one (1) of
these displays must have occurred in the current year or the year immediately preceding the date of
application.
Applicants for outdoor certification must provide outdoor display experience. Applicants for indoor /
proximate audience certification must present evidence of indoor / proximate audience display experience.
Applicants for both certifications must provide experience for each certification.
Applicants presenting experience obtained as an assistant in the state of Minnesota must be listed on the
Fireworks Operator Display Report filed for that display by the certified operator.
Applicants presenting experience obtained in another state are responsible for providing acceptable
documentation that verifies that experience. Acceptable documentation includes:
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• a copy of a display permit from an issuing authority which lists the applicant as an operator or
assistant, or
• a letter from an employing fireworks display company, signed by the chief officer of the company,
verifying the dates and locations of displays for which the applicant served as an operator or
assistant
References
The applicant must submit references from at least three (3) certified fireworks display operators who can
verify the experience reported or any training received by the applicant. All references must include the
name, address, phone number, and the name of the agency or organization represented by the person
submitting the reference.
Fee
The applicant must pay a certification fee of $100 to the State Fire Marshal.
Notification
The State Fire Marshal is required to review the application and send the applicant written confirmation or
denial of certification within 30 days of receipt of the application.
Classification
Once all the certification requirements have been met, the State Fire Marshal will certify and classify the
operator for supervising outdoor displays, indoor / proximate audience displays or both types of displays,
based on the operator’s documented experience and the results of the examination.
Length of Certification
Certification is valid for a period of four (4) years from the date of issue, unless otherwise suspended or
revoked by the State Fire Marshal for cause.
CERTIFICATION RENEWAL
An applicant for renewal of certification as a public display fireworks operator must meet the following
requirements before the certification may be renewed by the State Fire Marshal:
Application Form
The applicant must apply for renewal of certification in writing to the State Fire Marshal by completing and
signing an application form provided by the State Fire Marshal.
Evidence of Experience
The applicant must submit evidence of experience that must include, as a minimum, the dates, locations and
authorities issuing the permits for at least three (3) safely conducted fireworks displays participated in or
supervised by the applicant in the four (4) years immediately preceding the date of application.
Applicants for outdoor certification must provide outdoor display experience. Applicants for indoor /
proximate audience certification must present evidence of indoor / proximate audience display experience.
Applicants for both certifications must provide experience for each certification.
Applicants presenting experience obtained in another state are responsible for providing acceptable
documentation that verifies that experience. Acceptable documentation includes:
• a copy of a display permit from an issuing authority which lists the applicant as an operator or
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assistant, or
• a letter from an employing fireworks display company, signed by the chief officer of the company,
verifying the dates and locations of displays for which the applicant served as an operator or
assistant
Applicants lacking the required experience, or whose certification has been expired for more than 12 months
from the date of expiration, must follow the procedures outlined in the “CERTIFICATION” section of this
guideline, including re-examination.
Fee
The applicant must pay a certification renewal fee of $100 to the State Fire Marshal.
Notification
The State Fire Marshal is required to review the application and send the applicant written confirmation or
denial of certification renewal within 30 days of receipt of the application.
Refusal to Renew Certification
The State Fire Marshal may refuse to renew an operator’s certification if the operator has committed any of
the offenses outlined in the “SUSPENSION OR REVOCATION” section of this guideline.
Classification
Once all the certification renewal requirements have been met, the State Fire Marshal will recertify and
classify the operator for supervising outdoor displays, indoor / proximate audience displays or both types of
displays, based on the operator’s original certification and evidence of experience.
Restrictions
Certification will only be renewed for the classification for which the applicant was originally certified (i.e.
outdoor displays, indoor / proximate audience displays or both) for which applicable evidence of experience
has been provided. Applicants wishing to be certified under another classification must follow the
procedures outlined in the “CERTIFICATION” section of this guideline.
Length of Certification
Certification is again valid for a period of four (4) years from the date of issue, unless otherwise suspended
or revoked by the State Fire Marshal for cause.
SUSPENSION OR REVOCATION
The State Fire Marshal may suspend, revoke or refuse to renew certification of an operator if the operator
has:
1. submitted a fraudulent application;
2. caused or permitted a fire or safety hazard to exist or occur during the storage, transportation,
handling, preparation or use of fireworks;
3. conducted a display of fireworks without receipt of a permit required by the state or a political
subdivision;
4. conducted a display of fireworks with assistants who were not at least 18 years old, properly
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instructed and continually supervised; or
5. otherwise failed to comply with any federal or state law or regulation, or these guidelines, relating to
fireworks. A conviction of a felony, gross misdemeanor, or misdemeanor involving fireworks or
explosives may be considered as evidence of failure to comply with federal or state law.
Operator Restrictions
An operator’s certification is not valid after it has been suspended or revoked. An operator, therefore, is not
authorized to supervise a fireworks display during a suspension or revocation.
Surrender of Certificate
When certification has been suspended or revoked, the operator must immediately surrender the certificate
to the State Fire Marshal.
Length of Suspension
Suspensions will be for a period of a minimum of 30 calendar days each. After the suspension period ends,
the State Fire Marshal will return the operator’s certificate.
Length of Revocation
Each revocation is for a minimum of one year, unless otherwise determined by the State Fire Marshal based
on the circumstances causing the revocation. Once an operator’s certification has been revoked, the
certification may only be reinstated after the operator has followed the procedures outlined in the
“CERTIFICATION” section of this guideline.
PART E: FEDERAL REQUIRMENTS
Display fireworks are explosive materials subject to regulation under the Federal explosives law and
regulation. You must obtain a license or permit from the Bureau of Alcohol, Tobacco, Firearms &
Explosives (ATF) in order to manufacture, use or possess display fireworks (27 CFR Part 555 Subpart D).
In addition, you must comply with all storage requirements outlined in Subpart K of 27 CFR Part 555.
Definition of Display Fireworks
Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or
detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of
explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other
display pieces which exceed the limits of explosive materials for classification as “consumer fireworks.”
Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of
Transportation at 49 CFR 172.101. This term also includes fused set pieces containing components, which
together exceed 50 mg of salute powder.
More information on this subject can be found at www.atf.gov. To apply, contact the ATF St. Paul II
Industry Operations office at 651-726-0220.
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MINNESOTA STATUTES 624.20-624.25 RELATING TO FIREWORKS
624.20 Fireworks.
Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or
combination of substances or article prepared for the purpose of producing a visible or an audible effect by
combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy
canes in which explosives are used, the type of balloons which require fire underneath to propel them,
firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in
paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or
inflammable compound, or any tablets or other device containing any explosive substance and commonly
used as fireworks.
(b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100
grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of
explosive mixture.
(c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item,
other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices,
or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops,
each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed
in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of
items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this
paragraph must be verified by photographic identification.
(d) A local unit of government may impose an annual license fee for the retail sale of items authorized under
paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items
authorized under paragraph (c) may not exceed $350, and the annual license of each other retail seller may
not exceed $100. A local unit of government may not:
(1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items
authorized under paragraph (c);
(2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph
(c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or
(3) impose on a retail seller any financial guarantee requirements, including bonding or insurance
provisions, containing restrictions or conditions not imposed on the same basis on all other business
licensees.
Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that
contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound
constructed to produce detonation or deflagration.
HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1; 2003 c 128 art 15 s 6
624.21 Sale, possession, and use of fireworks prohibited.
Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for
sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This
section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer
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June 2011 Page 20
licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when
undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks
display from a governmental subdivision of the state; or sales outside the state or sales to licensed
professional engineers for acoustical testing purposes only.
HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17
624.22 Fireworks displays; permit; operator certification.
Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association,
amusement park, or other organization, except that:
(1) a fireworks display may be conducted only when supervised by an operator certified by the state fire
marshal; and
(2) a fireworks display must either be given by a municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a permit for the display has first been secured.
(b) An application for a permit for an outdoor fireworks display must be made in writing to the municipal
clerk at least 15 days in advance of the date of the display and must list the name of an operator who is
certified by the state fire marshal and will supervise the display. The application must be promptly referred
to the chief of the fire department, who shall make an investigation to determine whether the operator of the
display is competent and is certified by the state fire marshal, and whether the display is of such a character
and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person.
The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the
operator is certified, that in the chief's opinion the operator is competent, and that the fireworks display as
planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (f), the
clerk shall issue a permit for the display when the applicant pays a permit fee.
(c) When the supervised outdoor fireworks display for which a permit is sought is to be held outside the
limits of an incorporated municipality, the application must be made to the county auditor, and the auditor
shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an
application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.
(d) An application for an indoor fireworks display permit must be made in writing to the state fire marshal
by the operator of the facility in which the display is to occur at least 15 days in advance of the date of any
performance, show, or event which will include the discharge of fireworks inside a building or structure.
The application must list the name of an operator who is certified by the state fire marshal and will
supervise the display. The state fire marshal shall make an investigation to determine whether the operator
of the display is competent and is properly certified and whether the display is of such a character and is to
be so located, discharged, or fired that it will not be hazardous to property or endanger any person. If the
state fire marshal determines that the operator is certified and competent, that the indoor fireworks display
as planned will conform to the safety guidelines provided for in paragraph (f), and that adequate notice will
be given to inform patrons of the indoor fireworks display, the state fire marshal shall issue a permit for the
display when the applicant pays an indoor fireworks fee of $150 and reimburses the fire marshal for costs of
inspection. Receipts from the indoor fireworks fee and inspection reimbursements must be deposited in the
general fund as a nondedicated receipt. The state fire marshal may issue a single permit for multiple indoor
fireworks displays when all of the displays are to take place at the same venue as part of a series of
performances by the same performer or group of performers. A copy of the application must be promptly
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conveyed to the chief of the local fire department, who shall make appropriate preparations to ensure public
safety in the vicinity of the display. The operator of a facility where an indoor fireworks display occurs must
provide notice in a prominent place as approved by the state fire marshal to inform patrons attending a
performance when indoor fireworks will be part of that performance. The state fire marshal may grant a
local fire chief the authority to issue permits for indoor fireworks displays. Before issuing a permit, a local
fire chief must make the determinations required in this paragraph.
(e) After a permit has been granted under either paragraph (b) or (d), sales, possession, use and distribution
of fireworks for a display are lawful for that purpose only. A permit is not transferable.
(f) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines
on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of
the Minnesota Uniform Fire Code and the National Fire Protection Association Standards, to insure that
fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions
to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other
limited purposes, as determined by the state fire marshal.
Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks
display shall meet the requirements of this subdivision before the applicant is certified by the state fire
marshal.
(b) An applicant must be at least 21 years old.
(c) An applicant must have completed a written examination, administered or approved by the state fire
marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that
achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of
statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display
of fireworks.
(d) An applicant shall apply in writing to the state fire marshal by completing and signing an application
form provided by the state fire marshal.
(e) An applicant shall submit evidence of experience, which must include active participation as an assistant
or operator in the performance of at least five fireworks displays, at least one of which must have occurred
in the current or preceding year.
Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form
including references and evidence of experience and successful completion of the written examination.
Applicants shall pay a certification fee of $100 to the State Fire Marshal Division of the Department of
Public Safety. The state fire marshal shall review the application and send to the applicant written
confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a
period of four years from the date of issuance.
Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire
marshal shall certify and classify the operator for supervising proximate audience displays, including indoor
fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of
displays, based on the operator's documented experience.
Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is
organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1.
Public Display Fireworks Operator Guidelines
June 2011 Page 22
Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten
days following a fireworks display conducted by the operator if any of the following occurred:
(1) an injury to any person resulting from the display of fireworks;
(2) a fire or damage to property resulting from the display of fireworks; or
(3) an unsafe or defective pyrotechnic product or equipment was used or observed.
(b) The certified operator shall submit a written report to the state fire marshal within 30 days following any
other fireworks displays supervised by the operator.
(c) The state fire marshal may require other information from operators relating to fireworks displays.
Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form
prepared and provided by the state fire marshal, which must include at least the dates, locations, and
authorities issuing the permits for at least three fireworks displays participated in or supervised by the
applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of
$100 to the State Fire Marshal Division of the Department of Public Safety. The state fire marshal shall
review the application and send to the applicant written confirmation or denial of certification renewal
within 30 days of receipt of the application. Certification is valid for a period of four years from the date of
issuance.
Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend,
revoke, or refuse to renew certification of an operator if the operator has:
(1) submitted a fraudulent application;
(2) caused or permitted a fire or safety hazard to exist or occur during the storage, transportation, handling,
preparation, or use of fireworks;
(3) conducted a display of fireworks without receipt of a permit required by the state or a political
subdivision;
(4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly
instructed, and continually supervised; or
(5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to
fireworks.
Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required
under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1,
and (3) the accumulation and statistical analysis of information relative to fireworks displays.
HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187
art 1 s 23; 1Sp2003 c 2 art 4 s 28
624.221 Exemptions for license or permit holder.
Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to:
Public Display Fireworks Operator Guidelines
June 2011 Page 23
(a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18,
chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure;
or
(b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until
20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in
compliance with the conditions of the permit and section 624.22.
HIST: 1988 c 584 s 4
624.23 Construction of sections 624.20 to 624.25.
Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or
jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale
of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by
airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the
possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in
athletics or sports, or for use by military organizations or for use as a bird or animal repelling device.
HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5
624.24 Officers may seize illegal fireworks.
The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take,
remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered
or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.
HIST: 1941 c 125 s 5
624.25 Violation.
Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows:
(1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more,
to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both;
(2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight,
to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and
(3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for
not more than 90 days, or to payment of a fine of not more than $700, or both.
HIST: 1941 c 125 s 6; 1988 c 584 s 6
Public Display Fireworks Operator Guidelines
June 2011 Page 24
ATTACHMENTS
The following forms are included as attachments to these Guidelines:
Sample Application / Permit Display of Fireworks / Pyrotechnic Special Effects
Minnesota State Fire Marshal Application for Permit Display of Indoor Fireworks / Pyrotechnic
Special Effects
Fireworks Operator Certification Application
Minnesota Department of Revenue License Applicant Information Form
Fireworks Operator Display Report
American Pyrotechnics Association Proximate Pyrotechnics Checklist
Revised June 2011
(FOR USE BY LOCAL JURISDICTIONS)
SAMPLE APPLICATION / PERMIT
OUTDOOR PUBLIC FIREWORKS DISPLAY
Applicant instructions:
1. This application is for an outdoor public fireworks display only and is not valid for an indoor fireworks display.
2. This application must be completed and returned at least 15 days prior to date of display.
3. Fee upon application is $_______________ and must be made payable to
Name of Applicant (Sponsoring Organization):
Address of Applicant:
Name of Applicant’s Authorized Agent:
Address of Agent:
Telephone Number of Agent: Date of Display: Time of Display:
Location of Display:
Manner and place of storage of fireworks prior to display:
Type and number of fireworks to be discharged:
MINNESOTA STATE LAW REQUIRES THAT THIS DISPLAY BE CONDUCTED UNDER THE DIRECT
SUPERVISION OF A PYROTECHNIC OPERATOR CERTIFIED BY THE STATE FIRE MARSHAL.
Name of Supervising Operator: _______________________________________________ Certificate No.:
Required attachments. The following attachments must be included with this application:
1. Proof of a bond or certificate of insurance in amount of at least $ _________________________________________
(Suggested Amount: $1.5 million minimum)
2. A diagram of the ground at which the display will be held. This diagram (drawn to scale or with dimensions
included) must show the point at which the fireworks are to be discharged; the location of ground pieces; the
location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the
lines behind which the audience will be restrained.
3. Names and ages of all assistants that will be participating in the display.
The discharge of the listed fireworks on the date and at the location shown on this application is hereby approved, subject to
the following conditions, if any:
I understand and agree to comply with all provisions of this application, MN Statute 624.20 through 624.25, MN State Fire
Code, National Fire Protection Association Standard 1123 (2006 edition), applicable federal law(s) and the requirements of
the issuing authority, and will ensure that the fireworks are discharged in a manner that will not endanger persons or property
or constitute a nuisance.
Signature of Applicant (or Agent): ___________________________________________________ Date: _______________
Signature of Fire Chief/County Sheriff: Date:
Signature of Issuing Authority: Date: ____________
Minnesota Department of Public Safety
State Fire Marshal Division
Application for Permit
Display of Indoor Fireworks / Pyrotechnic Special Effects
Revised 6/11
Instructions: Complete this application, attach the non-refundable permit fee, proof of bond or insurance in the specified amount, a copy of the plan
for the use of pyrotechnics (see page 2 for the required contents of the plan), and submit to the address below at least 15 days prior to the date of
the display. If approved, permits will be issued to the Sponsoring Organization named on the application.
Minnesota Department of Public Safety
State Fire Marshal Division
444 Cedar Street, Suite 145
St. Paul, MN 55101-5145
Hours: 8:00 am to 4:30 PM, Monday – Friday
Name of Sponsoring Organization:
Address of Sponsoring Organization:
Name of Authorized Agent – Sponsoring Organization:
Address of Agent:
Phone Number of Agent: (W) (H)
Location of Display:
Date of Display: Time of Display:
Manner and Place of Storage of Fireworks / Pyrotechnic Special Effects Prior to Display:
Type and Number of Fireworks / Pyrotechnic Special Effects to be Discharged:
Minnesota Statute (MS 624.20) requires fireworks displays to be conducted under the direct supervision of a
fireworks operator certified by the Minnesota State Fire Marshal.
Name of Supervising Operator: MN Certificate Number:
Required Attachments:
1. Permit Fee (Non-Refundable): $150.00 (Cashiers or Certified Check Made Payable to the Minnesota Department of Public
Safety) Note: Inspection Fee - The sponsoring organization will be invoiced for the actual cost, including
personnel and travel costs, of conducting the inspection necessary for the issuance of a permit.
2. Proof of bond or insurance in the amount of $1.5 million minimum.
3. Plan for the use of pyrotechnics. (Required by NFPA 1126. See page 2 for required contents). Incomplete plans will be
rejected.
If this application is approved and a permit issued, I understand and agree to ensure that the indoor fireworks / pyrotech-
nics special effects display for which this application has been filed will be conducted in full compliance with Minnesota
Statute 624.20 - 25, the Minnesota State Fire Code, and National Fire Protection Association Standard 1126 (2006 Edition).
Signature of Authorized Agent: Date:
Pyrotechnics Plan - Required Contents
National Fire Protection Association Standard 1126 - Use of Pyrotechnics Before A Proximate Audience (2006 Edition)
Section 6.2, requires that the applicant for a permit submit a written plan for the use of pyrotechnics. Applications for
Section 6.3.2 lists the contents of the plan, which are as follows:
1. The name of the person, group, or organization sponsoring the production.
2. The date and time of day of the production.
3. The exact location of the production.
4. The name of the person actually in charge of firing the pyrotechnics (i.e. the pyrotechnics operator).
5. The number, names and ages of all assistants who are to be present.
6. The qualifications of the pyrotechnic operator.
7. The pyrotechnics experience of the operator.
8. Confirmation of an applicable state and federal licenses held by the operator or assistants.
9. Evidence of the permittee’s insurance carrier or financial responsibility.
10. The number and types of pyrotechnic devices and materials to be used, the operator’s experience with those devices
and effects, and a definition of the general responsibilities of assistants.
11. A diagram of the facilities were the production is to be held. This diagram shall show the point at which the
pyrotechnic devices are to be fired, the fallout radius for each pyrotechnic device used in the performance, and the
lines behind which the audience shall be restrained.
12. The point of on-site assembly of pyrotechnic devices.
13. The manner and place of storage of the pyrotechnic materials and devices.
14. A material safety data sheet (MSDS) for the pyrotechnic material(s) to be used.
15. Certifications that the set, scenery, and rigging materials are inherently flame-retardant or have been treated to
achieve flame retardancy. (NFPA 1126: 6.3.2)
Any addition of pyrotechnics to a performance or any significant change in the presentation of pyrotechnics shall require
approval by the authority having jurisdiction. Exception: For the purpose of this standard [NFPA 1126], reducing the
number or size of pyrotechnics to be used in a performance shall not be considered a significant change in the
presentation. (NFPA 1126: 6.2.3)
After a permit has been granted, the permittee shall keep the plan available at the site [of the performance] for safety
inspectors or other authorized agents of the authority having jurisdiction. (NFPA 1126: 6.2.2)
All data required on a fire works operator certificate application is required by law or administrative rule. The information is used to identify your fireworks
operator certificate record and determine your eligibility for a fireworks operator certificate. Failure to provide required information may result in denial of
the certificate. All information on the application is public and copies of the application or its information may be issued to anyone.
Revised 1/04
DEPARTMENT OF PUBLIC SAFETY
MINNESOTA STATE FIRE MARSHAL DIVISION
FIREWORKS OPERATOR CERTIFICATION APPLICATION
(Please print or Type)
Name:
Address: City:
State: __________ Zip: Telephone: (H) (W)
Fax Number: E-mail Address:
Driver's License Number: State: Date of Birth:
Certification Applied For: _____Outdoor Display _____Proximate Display _____Outdoor and Proximate Display
Office Use Only
Name on Check:_______________________________Amnt:__________________
Picture ID: Yes
State of Minnesota
License Applicant Information
Under Minnesota law (M.S. 270.72), the agency issuing you this license is required to provide to the
Minnesota Commissioner of Revenue your Minnesota business tax identification number and the Social
Security number of each license applicant.
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we must
advise you that:
• This information may be used to deny the issuance, renewal or transfer of your license if you owe the
Minnesota Department of Revenue delinquent taxes, penalities, or interest;
• The licensing agency will supply it only to the Minnesota Department of Revenue. However, under
the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this
information to the Internal Revenue Service;
• Failing to supply this information may jeopardize or delay the issuance of your license or processing
your renewal application.
Please fill in the following information and return this form along with your application to the agency
issuing the license. DO NOT RETURN THIS FORM TO THE DEPARTMENT OF REVENUE.
Please print or type
Name of license being applied for and license number (if renewal): License Number #:
Licensing Authority (name of city, county, or state agency issuing license):
License Renewal Date:
PERSONAL INFORMATION:
, - -
Applicant's last name Applicant's first name and middle initial Social Security Number
,
Applicant's address City State Zip Code
BUSINESS INFORMATION:
Business name
,
Business address City State Zip Code
Minnesota tax identification number Federal tax identification number
If a Minnesota tax identification is not required, please explain on the reverse side of this form.
Applicant Signature:
Signature Title Date
All data required on a fireworks operator certificate application is required by law or administrative rule. The information is used to identify your fireworks
operator certificate record and determine your eligibility for a fireworks operator certificate. Failure to provide required information may result in denial of
the certificate. All information on the Fireworks Operator Display Report is public and copies of the application or its information may be issued to
anyone.
Revised 06/11 Page 1
DEPARTMENT OF PUBLIC SAFETY
MINNESOTA STATE FIRE MARSHAL DIVISION
FIREWORKS OPERATOR DISPLAY REPORT
MSS 624.22, Subd. 6 requires fireworks display operators to report all displays to the State Fire Marshal within 30 days of the display. If
an injury, fire over $100, or damage over $100 to property occurs, or unsafe or defective pyrotechnic products or equipment was used,
complete Part B and return to the State Fire Marshal Division within 10 days of the display.
PART A – DISPLAY INFORMATION
Name of Operator Certificate Number
Type of Display: ( ) Outdoor ( ) Outdoor Proximate Audience ( ) Outdoor Both ( ) Indoor Proximate Audience
Display Date: Display Time: From To
Sponsor (Private individuals may not sponsor a display)
Outdoor and Outdoor Proximate Audience Display Information
Name of Property or Address where Display Occurred
City / Township County
Required for Indoor Proximate Audience Displays
Name of Facility where Display Occurred
Address City County
Assistants: Name Date of Birth MN Fireworks Operator Cert. # (If Applicable)
Attach separate sheet for more assistants, if necessary.
Defective Products/Injury/Damage
Was an unsafe or defective device product used or observed during the display? ( ) Yes ( ) No If yes, answer Part B, Section I.
Was there an injury as a result of the above display? ( ) Yes ( ) No If yes, answer Part B, Section II.
Was there property damage or a fire resulting from the display? ( ) Yes ( ) No If yes, answer Part B, Section III.
If you answer yes to any of these questions complete and return page 2.
I verify that the above information, and that attached information on page 2 if necessary, is true and accurate. I am aware
that any false statement constitutes fraud and may result in a revocation of my certificate.
Signature: Date:
Return this form to: Minnesota State Fire Marshal Division
Attn: Fireworks Operator Certification Program
444 Cedar Street, Suite 145
St. Paul, MN 55101-5145
All data required on a fireworks operator certificate application is required by law or administrative rule. The information is used to identify your fireworks
operator certificate record and determine your eligibility for a fireworks operator certificate. Failure to provide required information may result in denial of
the certificate. All information on the Fireworks Operator Display Report is public and copies of the application or its information may be issued to
anyone.
Revised 06/11 Page 2
PART B – INJURY/DAMAGE/DEFECTIVE PRODUCT INFORMATION
Section I – Defective Product
List all fireworks that were duds, malfunctioned, or defective. For each firework listed, the report shall include: Type of
firework (Type 1 - Mines, Type 2 - Aerial Shells, Type 3 - Roman Candles, Type 4 - Set Pieces), size of firework if
applicable (i.e., 6 inch shell.), and manufacturer’s name. (Use a separate sheet for additional defective products)
Firework Type (Type 1, 2, Etc.) Firework Size Manufacturer
Section II – Injuries
Describe any injuries caused by fireworks. Each injury shall be listed separately, and shall include the type of firework
that injured the person, cause of the injury, type of injury, and the name, address, age and telephone number of the
injured person. (Use a separate sheet for additional injuries)
Firework Type: Cause of Injury: Type of Injury:
Injured Name: Address: City: State: Age: Telephone:
Firework Type: Cause of Injury: Type of Injury:
Injured Name: Address: City: State: Age: Telephone:
Section III – Property Damage
Describe any fires or property damage (over $100) caused by fireworks authorized by the permit. Each fire/damage shall
be listed separately and shall include the type of firework that started the fire/damage, cause of the fire/damage, brief
description of property damaged and dollar loss of the damage that occurred. (Use a separate sheet for additional
fires/damages)
Firework Type Cause of Fire/Damage Property Description Dollar Loss
Proximate Pyrotechnics Checklists
Disclaimer
The following Checklists contain safety information associated with the presentation of an indoor or
“proximate” pyrotechnics event and are intended to provide an overview regarding the proper
procedures to be followed. These Checklists are offered by the American Pyrotechnics Association
(APA) to assist in safely producing events incorporating indoor pyrotechnics.
The Checklists are not intended to be all encompassing, exhaustive treatments of every aspect of a
proximate pyrotechnics production. The Checklists also do not apply to certain types of productions,
for example, motion picture and television productions, and other events where the audience is not
proximate to the pyrotechnics. The checklists may need to be augmented by the team members to
include special circumstances and shifting responsibilities for certain aspects of an event.
The APA, its officers and directors, and its members make no warranties, express or implied regarding
the information provided in the attached Checklists. Indeed, APA, its officers and directors and its
members expressly disclaim any liability whatsoever for the use of these Checklists. In no event shall
they be liable for any damage, injuries, costs or expenses relating to the use the Checklists. Users of
proximate pyrotechnics are encouraged to seek legal counsel and other appropriate professional
assistance prior to utilizing proximate pyrotechnics in any particular jurisdiction.
April, 2004
PROXIMATE PYROTECHNICS CHECKLISTS
I. Pre-Production Checklist (Pyrotechnician)
1. Prepare and file permit application for pyrotechnics (NFPA 1126: 4.2, 4.3)
2. Determine what regulatory standard is used for the jurisdiction
3. Prepare pyrotechnic material description (NFPA 1126: 4.3.2 (j) )
4. Review production schedule
5. Installation plot plan and specifications (NFPA 1126: 4.3.2 (k) )
6. Determine insurance levels, have insurance certificate prepared with appropriate
additional insureds and filed (NFPA 1126: 4.3.2 (i) )
7. Determine any pyrotechnic licenses required and other qualifications of Personnel
(NFPA 1126: 4.3.2 (h) )
8. Plan pyrotechnic transportation, handling and storage (NFPA 1126: 3.1, 3.2)
9. Determine and plan for security requirements (NFPA 1126: 6.1.3, 6.1.4, 6.5.6)
10. Determine venue management contact information (NFPA 1126: 4.3.2, 6.1.3)
II. Site Inspection Checklist (Pyrotechnician & Venue Management)
1. Confirm venue management consent to pyrotechnics
2. Confirm venue management or production permit for event
3. Verify plot plan measurements and accuracy (NFPA 1126: 4.3.2 (j) and (k) )
4. Verify AHJ approval of venue compliance with life safety standards
5. Determine fire protection systems, controls and equipment
6. Determine HVAC systems and controls
7. Determine show management production plan
8. Determine venue management safety plans, crowd control, security and
emergency plans and procedures
9. Determine personal safety requirements for pyrotechnicians (e.g., fall protection
plans and equipment)
10. Verify AHJ approval of flame retardant materials in public areas and pyrotechnic
installation sites
11. Determine approved & secure storage and work areas for pyrotechnics (NFPA 1126:
3.1.1, 4.3.2 (l) and (m), 6.1.3, 6.1.4 )
12. Determine hazmat shipping depot (venue) if required
III. Production Meeting Checklist (Production Management)
1. Confirm installation plan and schedule (NFPA 1126: 4.2, 4.3)
2. Schedule live pyrotechnic demonstration (NFPA 1126: 4.4.1, 4.4.2)
3. Schedule rehearsal and performance
4. Determine need for HVAC/fire protection system control adjustments and
personnel responsibilities (NFPA 1126: 4.4.3, 6.1.6, 6.6.6, 6.7.6, 6.7.7)
5. Assign responsibility for hazard communication with participants and staff (NFPA
1126: 6.6.1)
6. Review emergency action plan and assign responsibilities
1 of 3
7. Coordinate pyrotechnic control points, communications and line of sight (NFPA 1126:
6.3.5, 6.3.6, 6.6.5)
8. Review crew lists and assignments
9. Review safety plans and procedures and personal protective equipment (NFPA 1126:
6.5.7)
IV. Walkthrough Inspection Checklist (AHJ)
1. Pyrotechnic walkthrough and demonstration
A. Confirm venue management consent to pyrotechnics
B. Verify pyrotechnic plot with actual site dimensions/adjustments
2. Type of devices – verify indoor/proximate use & performance specifications
(NFPA 1126: 5.1, 5.2, 5.3, 5.4)
3. Verify quantities, locations, and cueing of devices to be used
4. Verify secure areas and methods for restricting unauthorized persons from
entering.
5. Verify that all devices are securely fixed with proper audience separation
A. Minimum 15ft or 2X fallout radius (NFPA 1126: 6.4.1)
B. Concussion mortars min 25ft in secured area (NFPA 1126: 6.4.2)
C. Trajectory of comets/mines not over audience (NFPA 1126: 6.2.11)
D. Waterfall effect area to be free of flammable materials (NFPA 1126: 6.2.12)
E. Wire rocket effects to be properly secured and terminated (NFPA 1126: 6.2.9)
F. Airbursts over audience to be minimum height of 3 times the diameter of
effect, and no sparks within 15 ft of floor (NFPA 1126: 6.2.14(1) & (2) )
6. Check fire fighting equipment
A. Minimum of 2 approved water fire extinguishers (NFPA 1126: 6.1.1.1)
B. Other firefighting equipment as needed/required (NFPA 1126: 6.1.1 & 6.1.1.2)
C. Existing on-site fire fighting equipment/systems
7. Pyrotechnic firing systems
A. Verify operational/safety features and functions of systems (NFPA 1126: 6.3.2 &
6.3.3)
B. Verify operator & spotters have clear view of effects and communication with
operator (NFPA 1126: 6.3.5)
8. Determine plan for HVAC /detectors adjustments & notification of demonstration
9. Determine need for demonstration of representative effects
10. Check plans for approved and secure on-site storage and preparation areas (NFPA
1126: 4.3.2 (l), 6.1.3 & 6.1.4)
A. Separation from heat/flame sparks (NFPA 1126: 3.3)
B. No smoking within 25ft (signage) (NFPA 1126: 6.5.5)
C. Materials stored/handled neatly and orderly (NFPA 1126: 6.5.1)
11. Check plan for personal protective equipment for preparation and loading of
pyrotechnics (NFPA 1126: 6.5.7)
V. Rehearsal & Show Checklist (Pyrotechnician)
1. Hold safety meeting with all participants
2. Hold rehearsal, if required (all requirements of following section apply)
3. Performance
2 of 3
A. Determine how final alert will be given to all performers, crew and support
personnel and who will give the alert
B. Conduct final inspection immediately preceding performance
a) Confirm pyrotechnic wiring connections and firing system
b) Confirm device placement, mounting, orientation and readiness
c) Confirm firefighting equipment in position
d) Confirm spotters in place with communication
C. Execute or fire show
a) Confirm and maintain audience separation, performers positioned
correctly, support personnel readiness
b) Confirm and maintain unobstructed view of effects by operator and/or
spotter
c) Observe effect performance for safe operation
VI. Post-Show Checklist (Pyrotechnician)
1. Inspect all pyrotechnic devices to confirm firing (NFPA 1126: 6.7.1)
2. Confirm the integrity of fallout zones and adjacent areas
3. Return unfired devices to approved storage or repackage for transportation (NFPA
1126: 6.7.2)
4. Confirm reactivation of any disarmed fire detection/HVAC systems to normal
operating mode (NFPA 1126: 6.7.6)
5. File post-show report, if required
Source: Proximate Pyrotechnics Committee, American Pyrotechnics Association
Reference: National Fire Protection Association, NFPA 1126 Standard for the Use of Pyrotechnics Before a
Proximate Audience, 2001 Edition.
Question & comments may be directed to:
American Pyrotechnics Association
P.O. Box 30438
Bethesda, MD 20824
(301) 907-8181
3 of 3
CITY OF ORONO MEMORANDUM
DATE: January 13, 2020
TO: Mayor Walsh, City Council
FROM: Dustin Rief, City Administrator
RE: Park Commission Tenure Discussion
The subject around Park Commission tenures has been brought up on occasion under the understanding
that the Park Commissioner terms were not limited like the planning commissioner terms at three, three
year terms. Staff and internal working documents all understood this to be the case. However, under
Article V1 Boards and Commission, Sec. 2.106 Appointments; removal reads:
All board and commission appointments authorized by ordinance shall be made by the council at the
first regular meeting in January of each year unless another appointment date is established else where
by ordinance. The term of each appointee shall be established and stated at the time of his appointment,
and terms of present board and commission members may be reestablished and changed so as to give
effect to this section. New appointees shall ass ume office immediately. All appointees to boards and
commissions shall hold office until their successor is appointed and qualified. All vacancies shall be
filled in the same manner as for an expired term, but the appointment shall be only for the unexpire d
term. No appointed board or commission member shall be an employee of the city, but an ex officio
member may be so employed. All appointed board and commission members shall serve without
remuneration but may be reimbursed for out -of-pocket expenses incurred in the performance of their
duties when such expenses have been authorized by the council before they were incurred. In order to
balance the need for consistency, with the desire to provide ongoing opportunities for new members,
the council, in genera l, will reappoint commission members for up to two additional three -year terms
beyond their initial three -year term. Any board or commission member may be removed by the council
for any reason and his position filled as any other vacancy. Each board and co mmission shall hold its
regular meetings at a time established and approved by the council. Boards and commissions created by
resolution shall terminate when the purpose for which they were created has been accomplished or
upon the expiration of their terms stated in the resolution. Except as otherwise provided, this section
shall apply to all boards and commissions.
It is unclear when or how this interpretation happened, but we currently do not have any Park
Commission members that have met the tenure. The Park Commission and Planning Commission each
have their own chapters in which the y were established and the rules are placed.
To better clarify staff would like to discuss either adding the paragraph from section 2-106 to each
section in which a board/commission is established or add language into code referring back to section
2-106 emphasizing the application of this section of code also applies.