Current through Register Vol. XLI, No. 50, December 13, 2024
Section 103-4-7 - Public Fireworks Display Permit7.1. Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal.7.2. To receive a permit, a municipality, county, fair association, amusement park, or other organization shall: 7.2.a. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;7.2.b. Pay the required fee not to exceed $50.00;7.2.c. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result from the public display of fireworks;7.2.d. Provide proof that the event will be conducted by a competent pyrotechnician(s) licensed pursuant to Section 8 of this Rule by the State Fire Marshal;7.2.e. Provide verification of the source and/or manufacturer of the fireworks or pyrotechnics to be used during the event to ensure the supplier is properly credentialed in the State of West Virginia;7.2.f. Provide verification that the municipality, county, fair association, amusement park and other organizations have given written notice to the local police and fire authorities at least five days prior to the display for which the permit is sought.7.2.g. Provide verification that display shall be operated by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is being held.7.3. A permit issued under this section is not transferable.7.4. The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this Rule and the rules of the State Fire Marshal except where the licensee is an insured government entity.7.5. All fireworks or pyrotechnic devices delivered or stored prior to the day of the display shall be stored in an Outdoor Magazine: Type 1, 2, 4 or 5, only as defined by NFPA 1124. 7.5.a. Any such magazine shall have a valid permit from the State Fire Marshal pursuant to Section 6 of this Rule.7.6. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2 - 3 et seq.