Item O18M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: 0.18
Agenda Item Summary #2996
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
N/A
AGENDA ITEM WORDING: Request for approval of the Fire Marshal's Fireworks Permit
Application Forms.
ITEM BACKGROUND: Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances is the
"Use of Fireworks" ordinance that provides legal requirements that applicants must comply with in
order to obtain a permit from the Fire Marshal to display fireworks in the County. Sec. 13-3 (a)(1)
requires that the fireworks permit application forms used by the Fire Marshal be approved by the
Board of County Commissioners.
Currently, Sec. 13 -3 requires that the fireworks applicant provide a liability insurance policy of not
less than $500,000.00 per person or $1,000,000.00 per incident for all claims, and that the County is
named as a `coinsured' on the policy. These terms and policy limits are incorrect and outdated.
The County Attorney recommends updating and revising the ordinance to be compliant with current
and proper insurance terms and requirements that the applicant provide a Commercial General
Liability insurance policy that must have limits of not less than $1,000,000.00 per occurrence and
$2,000,000.00 annual aggregate claims, and that the County is named as an `Additional Insured.' A
separate AIS has been submitted pertaining to the revisions of the ordinance
These incorrect terms and many other parts of the Fire Marshal's application forms also need
revision. The County Attorney also recommends making these and other revisions to the Fire
Marshal's permit application form and the indemnity and hold harmless agreement in order to make
the forms current and legally correct and more effective to protect the County in the use of fireworks
on County property.
The Fire Marshal's fireworks permit application forms to be approved are attached.
PREVIOUS RELEVANT BOCC ACTION: 12/22/83 - adopted an ordinance which established
the Use of Fireworks ordinance and Fire Marshal's permit application requirements. 9/20/85 -
adopted an ordinance which revised the regulations and insurance requirements. 11/1/85 - adopted
an ordinance which clarified insurance requirements. 3/7/86 - adopted an ordinance which required
the County be a co- insured. 1/29/91 - adopted an ordinance which established safety conditions and
application requirements.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of the Fire Marshal's fireworks permit application
forms.
DOCUMENTATION:
Fire Marshal Fireworks Permit Application Form 5.3.17.
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Skipped
05/03/2017 3:46 PM
Budget and Finance
Skipped
05/03/2017 3:47 PM
Chris Ambrosio
Completed
05/03/2017 2:41 PM
Bob Shillinger
Completed
05/03/2017 3:16 PM
Maria Slavik
Completed
05/03/2017 4:36 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
Kathy Peters
Completed
05/03/2017 3:51 PM
County of Monroe
Emergency Services Division
OFFICE OF FIRE MARSHAL
Monroe County Fire Rescue
490 63rd Street, Ocean
Marathon, FL 33050
(305) 289 -6368 — Phone
(305) 289 -6369 — Fax
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
FIREWORKS PERMIT APPLICATION
APPLICATION SHALL BE SUBMITTED TO THE FIRE MARSHAL'S OFFICE
NO LESS THAN 30 DAYS PRIOR TO THE EVENT
SPONSORING ORGANIZATION
RESPONSIBLE ORGANIZATION
Business Name:
Business Name:
Address:
Address:
City / State / Zip:
City/ State / Zip:
Phone:
Phone:
Fax:
Fax:
DATE OF DISPLAY:
TIME OF DISPLAY: ❑ AM ❑ PM
Approximate Duration of Display:
Location of Property and Display:
Distance from Shore /Nearest Buildings:
Name of Area Fire Department:
ATTACH SITE MAP TO INCLUDE BARGE /LAUNCH LOCATION OF DISPLAY*
*A diagram of the grounds on which the display is to be held, showing the point at which the fireworks are to
be launched, the location of all buildings, highways, the line behind which the audience will be restrained, and
the location of nearby trees, telephone lines, and any other overhead obstructions.
(Site map must show the distance of nearest shore /buildings, and the distance from the audience)
DATE OF APPLICATION:
Revised: May, 2017 Fireworks Permit Application Page 1 of 4
EVIDENCE OF INSURANCE
The ORIGINAL Certificate of Insurance, per event, must be approved by the Monroe County Risk
Management Office prior to issuance of the fireworks permit.
Copies are not acceptable for insurance approval
1. The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST be:
a. Named as an Additional Insured party AND ALSO,,
b.' Listed as a Certificate Holder on a Commercial General Liability insurance policy covering the fireworks displa
2. Both the "sponsoring" and "responsible" entities /organizations must be named as insured parties.
3. The Commercial General Liability insurance policy must have limits of not less than $1,000,000.00 per occurrence ar
$2,000,000.00 annual aggregate claims.
4. Workers' Compensation
a.' Employers Liability' coverage with minimum limits of $500,000',
5. Watercraft Liability with minimum limits of $1,000,000. This coverage is necessary because a' barge will be used
the "firing stage" for the fireworks.
a.' Jones Act coverage with minimum limits of $1,000,000. This coverage is necessary because any 'ofthe fireworl
company's employees that work off the barge will be eligible for Jones Act benefits.
REGULATIONS FOR THE DISPLAY OF FIREWORKS
The applicant shall read and comply with the following regulations as evidenced by signature below:
1. Is the location of this fireworks display in a public park or on property owned by Monroe County?
Check One: YES ❑ NO ❑
(If "YES ", attach a copy of the resolution or other authorization or permit of the Board of County Commissioners of
Monroe County or County Administrator authorizing said display and use of the County property.)
2. List the number, size and type of each fireworks shell to be discharged: (Use attachment page if necessary)
Quantity Size Type — Description
3. Site selection of fireworks displays, the transportation and ground discharge of fireworks shall conform
to NFPA 1123 and NFPA 1124. Off -shore discharge of fireworks must obtain a marine event permit
issued by the U.S. Coast Guard, and shall conform to USCG regulations, Title 46, CFR. Fireworks shall
NOT be displayed within one hundred (100) feet of any building of any sort, or where the discharge /failure to
fire /faulty firing /or fallout of any fireworks or other objects would endanger any persons, buildings, structures,
forests or brush, or fifty (50) feet from the nearest above ground electric or telephone lines, tree, or other overhead
obstruction. In no case shall a display be fired within one half (1/2) mile of any hospital, nursing home, or nursing
care center.
4. Spectators at a display of fireworks shall be restrained behind lines or barriers as designated by local authorities
and as specified in NFPA 1123, Table 3 -1.3; but in no case less than two hundred (200) feet from the point at
which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall
be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks.
5. All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible
in a vertical direction, provided that where such fireworks are to be fired beside a lake or other large body of water,
they may be directed in such a manner that the falling residue from the deflagration will fall into said body of water.
Revised: May, 2017 Fireworks Permit Application Page 2 of 4
6. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a
manner safe for the particular type of fireworks. The debris from the discharged fireworks shall be properly disposed
of by the operator prior to departure from the premises. The operator, upon conclusion of the display, shall make
a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function, and shall
dispose of the material in a safe manner. Such search shall be instituted at the earliest possible time following
the conclusion of the display, but in no event later than the first period of daylight which follows the event.
7. No fireworks display shall be held, or firing of shells must cease, when the wind velocity exceeds twenty
(20) miles per hour.
8. QUALIFICATIONS OF OPERATORS: A certified, experienced, competent operator with the knowledge of NFPA
1123 "Code for Fireworks Display" and NFPA 1124 "Standard Code for Outdoor Display of Fireworks" is
required. Fireworks display companies are responsible for the current certification of the operators employed by the
company. (Attach copies of operator certifications when utilizing free -lance operators
9. There shall be, at all times, a competent and certified operator of the display constantly on duty during the
discharge of the fireworks, with a sufficient number of trained assistants available for safe conduct of the display.
Assistants shall be fully trained and educated in regard to safety hazards. Please provide operator /assistant
information requested below:
OPERATOR:
Name:
Address:
Phone: Certification Expiration
10. All fireworks articles and items at places of display shall be stored in a manner and in a place secure from
fire, accidental discharge and theft; and in a manner recommended by the manufacturer.
11. The sponsor of the display shall make provisions for adequate fire protection for the display. The sponsor shall
consult with the authority having jurisdiction and the operator to determine the level of fire protection required.
12. Any fireworks display over open water must be permitted by the U.S. Coast Guard and shall conform to
USCG regulations, Title 46, CFR. Contact the Commanding Officer, USCG Marine Safety Office, Waterways
Branch, PO Box 01 -6940, Miami, FL at (305) 535 -8751, Fax (305) 535 -8740 for USCG marine event planning
information.
I, THE UNDERSIGNED, HEREBY CERTIFY THAT I HAVE READ THE ABOVE REGULATIONS AND
SHALL COMPLY FULLY WITH ALL OF THE REQUIREMENTS HEREIN AND HAVE AUTHORITY TO ENTER
INTO THIS AGREEMENT ON BEHALF OF THE ABOVE LISTED ORGANIZATION.
SIGNATURE: DATE:
PRINTED NAME:
TITLE:
Revised: May, 2017 Fireworks Permit Application Page 3 of 4
TRAINED DISPLAY ASSISTANT(S): (Use attachment page if needed)
DEFENSE, INDEMNITYAND HOLD HARMLESS AGREEMEENT
THIS AGREEMENT made as of the day of , 20 by and between MONROE COUNTY,
( "County "), and , hereinafter referred to as ( "Sponsor ")
WITNESSETH: That for and in consideration of the mutual covenants and conditions set forth hereinafter, the
parties agree as follows:
1. That for and in consideration of permission to conduct a fireworks display in Monroe County, Florida, by the Sponsor
to be performed on to be held at the location of
the Sponsor does hereby agree and will have issued a Commercial General Liability insurance policy in
accordance with Monroe County Ordinance Nos. 29 -1983; 30 -1985; 34 -1985; 005 -1986; and 001 -1991, and Ch. 13,
Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances wherein the Monroe County Board of County
Commissioners shall be named an Additional Insured of the Sponsor; with limits of not less than $1,000,000.00 per
occurrence and $2,000,000.00 annual aggregate. Additionally, the Sponsor shall provide:
a. Statutory Workers' Compensation,'- Employers Liability coverage with minimum limits of $500,000.,'
b. Merchant Marine Act of 1920 also known as the "Jones Act ", Watercraft,', Liability with minimum limits of
$1,000,000.
2. That an original of said insurance policies, per event, shall be delivered to the Monroe County Fire Marshal's Office
prior to the issuance of the Fireworks Permit.
3. That for and in consideration of the permission to have the fireworks display, the Sponsor does hereby agree tc
indemnify Monroe County for any and all claims, suits, causes of action, loss, damage, costs, expenses and liabilities
that may result or arise out of the fireworks display, including but not limited to any and all claims, suits, causes o
action, judgments or damages sustained by Monroe County for bodily injury or for injury to or loss of property resulting
from, caused by, or arising out of the fireworks display.
4. That in addition to the indemnification referred to in paragraph 43, the Sponsor does hereby agree to hold Monrof
County harmless concerning the fireworks display activities, and will defend any and all lawsuits, causes of action an(
claims, and will further, pay all costs and attorney's fees for Monroe County BOCC resulting from, caused by, or ansin€
out of the fireworks display.
IN WITNESS WHEREOF, I hereto affix my hand and seal on this day of 20
State of Florida
County of
Sworn to (or affirmed) and subscribed before me this
SIGNATURE AND TITLE
PRINT NAME
ORGANIZATION
day of 1 20 by
Name of person signing above
(Notary Seal)
Signature of Notary Public — State of Florida
Name of Notary Public (Typed, Printed, or Stamped)
Personally Known: Li Or Produced Identification: ❑
Type of Identification Produced:
Revised: May, 2017 Fireworks Permit Application Page 4 of 4