As used in this article, the following terms shall have the meanings indicated:
FIREWORKS
Includes any combustible or explosive combination or any substance or composition 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 shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound or any tablets or other devices containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for the use of such caps, the sale and use of which shall be permitted at all times.
A. 
Except as hereinafter provided, it shall be unlawful for any person to store, offer concerning sale, expose for sale, sell at retail or use or explode any fireworks, provided that the Chief Fire Marshal shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks and other fraternal or service organizations. Every such display shall be handled by a competent operator approved by the Fire Marshal of the municipality and shall be of such a character and so located, discharged or fired as, in the opinion of the Chief Fire Marshal, after proper inspection, shall not be hazardous to property or endanger any person.
B. 
Application for a permit shall be made in writing at least 14 days in advance of the date of display. After such a privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
C. 
No permit authorizing the display of fireworks shall be granted unless the applicant thereto furnishes evidence of commercial general liability insurance with a general aggregate limit of not less than $4,000,000 and occurrence limit of not less than $2,000,000.
D. 
No permit authorizing the display of fireworks shall be granted unless the Town of Islip is named insured under the required commercial general liability insurance, and such policy shall be noncancelable without 10 days' prior written notice to the Town of Islip.
E. 
The display of fireworks shall be in accordance with the appropriate standards of the Fire Code of the State of New York as well as the specifications set forth in the New York State Penal Law. If any conflict exists in the requirements, the more restrictive requirement shall take precedence.
F. 
The Chief of the Fire Department that covers the area in which the display is scheduled to occur shall sign the permit application, which will attest to the fact that the necessary fire protection will be provided for the entire duration of the event. The Chief of the Fire Department shall determine the level of fire protection needed, however, a minimum of one Class A pumper shall be on-site for all land based displays.
[Added 12-13-2022 by L.L. No. 8-2022]
A. 
A permit shall be required for the manufacture, storage, assembly and handling of any fireworks or pyrotechnic products.
B. 
The manufacture, assembly, storage and handling of fireworks or pyrotechnic products shall be in accordance with the appropriate standards of the Fire Code of the State of New York.