[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 9-8-2015 by L.L. No. 4-2015. Amendments noted where applicable.]
Parks — See Ch. 170.
Pursuant to recent revisions to the New York State Penal Law § 405, it is now legal for private individuals, organizations and municipalities, to employ the use of professional pyrotechnics and fireworks for public displays. The Rye Brook Board of Trustees hereby finds that such activities are extremely dangerous, as they incorporate the use of highly explosive materials and other devices which can pose a serious threat to public health and safety if not conducted in a proper and safe manner. The Board of Trustees, therefore, finds it is necessary to enact a chapter benefiting the health, safety and general welfare of the Village of Rye Brook and its residents with respect to the storage and use of fireworks and pyrotechnics within the Village's jurisdiction.
This chapter is intended to operate in accordance with, and shall not supersede, §§ 405 and 270 of the New York State Penal Law or the regulations promulgated by the New York State Commissioner of Labor under 12 NYCRR Part 61, as amended from time to time. Where applicable, this chapter shall regulate those areas specifically prescribed to the authority of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED ASSISTANT
- An individual who has been authorized by the certified operator to work on a show after such operator has confirmed that the individual is either a certified pyrotechnician, or otherwise meets the following qualifications: is at least 18 years old; has been trained in the performance of the tasks to be assigned; and has been educated with regard to safety hazards.
- CERTIFIED OPERATOR
- A person who is certified as a pyrotechnician through the New York State Department of Labor.
- Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation that meets the definition of Consumer Fireworks or Display Fireworks as set forth in NFPA 1123 and NFPA 1126. This definition expressly excludes "sparkling devices," as defined in § 270 of the New York State Penal Law.
- A permit issued by the Rye Brook Building Department, with permission of the Board of Trustees, for the public display and discharge of fireworks and/or pyrotechnics in accordance with the requirements set forth by this chapter.
- An individual who performs any tasks on a pyrotechnic or fireworks display, including setting up the equipment, fireworks, or pyrotechnics, loading mortars (loader), spotting bursting locations (spotter), tending a ready box (ready box tender), igniting the fireworks (shooter), striking the equipment, or cleaning the site.
- Controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume.
- Any person or entity applying for a permit issued pursuant to this chapter.
It is hereby unlawful to fire or discharge fireworks or pyrotechnics indoors or to conduct an indoor fireworks or pyrotechnics displays in the Village of Rye Brook.
No fireworks or pyrotechnics display may be conducted in the Village of Rye Brook on a property containing one or more residential dwellings as its principal use.
No outdoor fireworks or pyrotechnics display shall take place in the Village of Rye Brook unless the sponsor has been granted a permit issued pursuant to this chapter.
A permit issued pursuant to this chapter shall not be transferable under any circumstance. Any attempt to transfer such permit shall render the permit null and void.
A sponsor seeking a permit pursuant to this chapter shall submit an application to the Building Inspector upon a form prescribed by the Village. Said application shall include:
The name of the sponsor;
The names of the certified operator(s) and authorized assistant(s) to be in charge of the display;
A verified statement from the sponsor identifying the certified operators who are authorized to conduct the display, including their certificate numbers, and stating that such individuals possess a valid certification as a pyrotechnician;
The date and time of day at which the display is to be held;
The location planned for the display;
The number and kind of fireworks or pyrotechnics to be discharged;
The manner and place of storage of such fireworks or pyrotechnics prior to the display;
A diagram of the grounds on which the display is to be held showing the point at which the fireworks or pyrotechnics are to be discharged, the location of all buildings, structures, highways and aboveground utilities; the lines behind which the audience will be restrained and the location of all nearby trees or other overhead obstructions; and
Such other information as the Board of Trustees or the Building Inspector deems necessary.
An electronic copy of all submitted materials in a format acceptable to the Building Inspector.
All applications seeking a permit pursuant to this chapter must be submitted to the Building Inspector for a determination of completeness. If the Building Inspector deems the application complete, he shall forward same to the Board of Trustees for review and consideration.
The Board of Trustees shall review all applications pursuant to this chapter at a regular meeting of the Board. Upon conducting such review, the Board of Trustees shall decide, upon a majority vote, whether the proposed display is likely to create an unreasonable risk of danger to the public health, safety or welfare or an unreasonable nuisance to the Village or its residents. If the Board of Trustees approves an application, it shall be sent back to the Building Inspector immediately for further review and consideration in accordance with Subsection D, below.
Building Inspector approval.
Upon receipt of an application approved by the Board of Trustees, the Building Inspector shall conduct a pre-display site visit attended by the Rye Brook Fire Chief, Chief of Police and representatives for the sponsor, certified operator and property owner. The purpose of the site visit shall be to inspect the location of the proposed display; identify potential safety issues; determine the specific locations for the display, staging area, viewing distance, in accordance with § 127-5, and viewing area(s). Said site visit shall be conducted within two weeks after the Board of Trustees' approval of the application unless extenuating circumstances require additional time for the inspection to be conducted.
If, following the pre-display site visit, the Building Inspector is satisfied that the proposed display will not create an unreasonable risk of danger to the public health, safety or welfare or an unreasonable nuisance to the Village or its residents, he shall issue a permit for the proposed display. Such permit may be issued upon such reasonable conditions and restrictions as the Building Inspector deems necessary or prudent under the circumstances.
Bond or insurance.
Before issuance of a permit pursuant to this chapter, the sponsor shall post a bond, in an amount determined by the Building Inspector, but which shall not be less than $1,000,000, conditioned for the payment of all damages which may be caused to a person or to the property of a person or legal entity by reason of the display permitted and arising from any acts or omissions of the sponsor, operator, or any agent, employee, contractor, or subcontractor thereof. A certificate evidencing purchase of the bond shall be provided to the Building Inspector prior to the date of any proposed display.
The Building Inspector may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond would be predicated and for the purposes provided in this section. Such indemnity insurance policy shall name the Village of Rye Brook, and its agents, officers, directors and employees, as an additional insured by separate endorsement. A certificate evidencing the purchase of the policy shall be submitted to the Building Inspector prior to the date of any proposed display.
Denial of an application for a permit shall be in writing, addressed to the sponsor.
There shall be a nonrefundable fee for submission of an application pursuant to this chapter in an amount determined by the Board of Trustees and set forth in the Village fee schedule.
The Building Inspector, in consultation with the certified operator, Fire Chief and Chief of Police, shall establish the minimum safe viewing distance from which viewers of the display can observe the display without risk of harm or injury. A perimeter shall be established for this purpose, which only the certified operator, its authorized assistants, Building Inspector and members of the Fire Department or Police Department may cross prior to and during the display.
The Building Inspector may deny or revoke a permit issued pursuant to this chapter if (s)he discovers that the sponsor has provided intentionally misleading or false information in the application materials or that the sponsor or operator have otherwise violated any provision of this chapter.
All displays for which a permit has been issued shall be conducted in full compliance with NFPA 1123 or NFPA 1126, or both, if applicable, and with the terms of a the permit granted by the Building Inspector.
All debris resulting from the display shall be collected and properly disposed of by the certified operator within 24 hours after conclusion of a display.
The Village reserves the right to have representatives of the Building Department, Fire Department or Police Department attend any display for which a permit has been issued.
The sponsor and certified operator shall have copies of all permits available and ready for inspection on site before and during execution of the display.
Violation of this chapter shall subject the offending person or entity to the penalties of Article 270 of the New York State Penal Law and Section 405.05 of the New York State Penal Law concerning seizure of fireworks.
Notwithstanding any New York State Penal Law violation, a violation of this chapter shall constitute a separate violation of the Code of the Village of Rye Brook, punishable by a fine of $250 per offense and revocation of any permit issued pursuant to this chapter. Conviction for a violation of this chapter may also be considered in determining whether a future permit under this chapter should be granted to the same sponsor and/or certified operator.
The Building Inspector and Assistant Building Inspector, in addition to any other persons or agencies authorized under state law, shall have authority to enforce the provisions of this chapter and issue appearance tickets and summonses for violations hereof.
The violations and penalties prescribed under this section shall be in addition to any charges and penalties prescribed under state law.
If any section, subsection, paragraph, or clause of this chapter is declared invalid by a court of competent jurisdiction, such finding shall have no effect on the remaining provisions of this chapter or their enforceability.
If any section, subsection, paragraph, or clause of this chapter is in conflict with any state law or regulation, the state law or regulation shall control.