[HISTORY: Adopted by the Board of Supervisors of the County of Rappahannock as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-2022]
The regulations contained in this article are hereby adopted to provide for the issuance of permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Statewide Fire Prevention Code Act, Code of Virginia, § 27-94 et seq., as amended, (VSFPC) and the additional terms and conditions set forth herein or as may be prescribed by the County Administrator at the time of permit issuance. Any association, organization, or group that has been issued a permit may purchase and make use of fireworks under the terms and conditions of such permit.
Except as otherwise provided in this article, it shall be unlawful for any person to transport, manufacture, store, sell, offer for sale, expose for sale, buy, use, ignite, possess or explode any firecracker, torpedo, skyrocket or other substance or thing, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended or commonly known as "fireworks," and which explodes, rises into the air or travels laterally, or fires projectiles into the air, other than sparks, and other than those fireworks excepted under the provisions of § 94-3.
The provisions of this article shall not apply to fountains that do not emit sparks or other burning effects to a distance greater than five meters (16.4 feet); wheels that do not emit a flame radius greater than one meter (39 inches); crackling devices and flashers or strobes that do not emit sparks or other burning effects to a distance greater than two meters (78.74 inches); and sparkling devices or other fireworks devices that: i) do not explode or produce a report; ii) do not travel horizontally or vertically under their own power; iii) do not emit or function as a projectile; iv) do not produce a continuous flame longer than 20 inches; v) are not capable of being reloaded; and vi) if designed to be ignited by a fuse, have a fuse that is protected to resist side ignition and a burning time of not less than four seconds and not more than eight seconds when used or exploded on private property with the consent of the owner of such property; nor shall the provisions of this article apply to the 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.
A. 
Issuance of permits; application.
(1) 
The display of fireworks by fair associations, amusement parks, or by any organization, or group of individuals, may be authorized, provided that a permit is obtained from the County Administrator. Any permit so issued shall be subject to the minimum terms and conditions set forth in the VSFPC and additional terms and conditions as may be prescribed by the provisions of this article or prescribed at the time of permit issuance.
(2) 
Complete applications for permits shall be made on forms issued by the County Administrator at least 45 days prior to the date of the fireworks display. Upon receipt of a complete fireworks application, the County Administrator shall confirm that the applicant is properly qualified under state law to present a fireworks display and that, in his opinion, such display can be held without endangering persons, animals, or property. Permit issuance shall consider the topography of the site and its proximity to forested, business, historical, residential, and agricultural areas.
(3) 
A nonrefundable $500 permit application fee shall be paid at the time of application. The County Administrator may waive the permit application fee for non-profit agencies that are principally funded by the County of Rappahannock. The issuance of any such permit by the County is made solely under the authority granted by the Code of Virginia and shall not constitute approval or sponsorship in any manner of the permitted fireworks display.
(4) 
Upon approval of an application for a permit to display fireworks, the County Administrator shall write across such application the wording "Approved," and the application shall be dated and signed by him. Beginning as soon as fireworks have been delivered to the display site, they shall not be left unattended.
(5) 
After it has been signed, dated, and approved by the County Administrator, the application shall constitute the permit. One copy of each permit to display fireworks shall be kept on file by the County Administrator until after the date the fireworks are displayed. A second copy of the permit will be returned to the applicant and shall be in the possession of the person(s) designated on the permit as being in charge of displaying the fireworks at the time and place they are being displayed.
(6) 
After the issuance of a permit, to inform the public of the fireworks display, the County Administrator shall cause a public notice to be included in a newspaper of record for two successive weeks prior to the date of display and cause a temporary sign to be posted, concurrently with the newspaper notice, on the parcel upon which the fireworks display is permitted.
B. 
Any association, organization, or group that has been issued a permit may purchase and make use of fireworks under the terms and conditions of such permit.
C. 
Fireworks displays permitted pursuant to this section shall occur not more than two times per calendar year on any one parcel of land or any contiguous parcels held under common ownership. Fireworks use or displays are permitted only between the hours of 8:00 a.m. and 11:00 p.m.; except that fireworks use or displays are permitted between the hours of 8:00 a.m. on December 31 and 12:15 a.m. on January 1 of each year. Displays shall not exceed 45 minutes in duration.
D. 
No permit shall be issued until the applicant, association, organization, or group provides to the County Administrator evidence of a bond or certificate of commercial general liability insurance in the amount of not less than $1,000,000 available to cover any damages resulting from such fireworks display. All insurance policies shall be with insurers qualified to do business in the Commonwealth of Virginia, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition.
E. 
Whenever certification is required by § 107.2 of the VSFPC to conduct a fireworks display, no permit shall be issued until evidence of such certification is provided to the County Administrator.
F. 
All permit holders shall provide advanced written notice of fireworks displays to all abutting property owners, including those across the street, at least 10 days prior of the event. No fireworks use or displays shall be permitted closer than 1,000 feet to a residential use unless the owner of the residential use grants express written permission in a form that can be reviewed and validated by the County Administrator.
G. 
The County Administrator may specify, in any permit issued pursuant to this section, additional conditions necessary to protect persons, animals, and property. Such conditions may include, but shall not be limited to, the type of fireworks to be used, required fire-extinguishing equipment, the presence of trained firefighters and law enforcement officers, and any other requirements deemed necessary to protect public health and safety. The applicant shall be responsible for the cost of any equipment usage and personnel required as a condition of the permit.
H. 
The County Administrator may revoke a permit if he determines that any condition of the permit, state law, or this article, has been violated, or if he finds any misrepresentation as to any material fact in the permit application. The County Administrator may also revoke the permit when necessary to prevent danger to persons and/or property from fire hazards. Such conditions include, but are not limited to, periods of drought in which forest lands, brush lands, and fields have become so dry or parched as to create an extraordinary fire hazard or hazardous weather, such as high winds or low humidity.
I. 
With the exception of final permit approval and revocation, the County Administrator may designate responsibilities and authorities granted herein to the emergency services coordinator.
Any person who violates any provision of this article shall be guilty of a Class 1 misdemeanor.
[Adopted 3-4-2024]
The regulations contained in this article are hereby adopted to enforce those provisions of the Statewide Fire Prevention Code Act, Code of Virginia, § 27-94 et seq., as amended (SFPC), relating solely to open burning pursuant to Code of Virginia, § 27-98, as further defined by regulations promulgated as Virginia Administrative Code, 13 VAC 5-52-40.
The County Administrator and his designees shall serve as the enforcing agency for the sole purposes of this article as that term is used in the SFPC.
The enforcing agency may enter any premises at any reasonable time to inspect to ensure compliance with this article, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the enforcing agency may pursue recourse as provided by law.
A permit shall be obtained from the enforcing agency prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
B. 
Open burning prohibitions. The enforcing agency is empowered to prohibit open burning when atmospheric conditions or local circumstances make such fires hazardous (ref. Section 307.1.1 of the SFPC).
C. 
Extinguishment authority. Where open burning creates or adds to a hazardous situation, the enforcing agency is authorized to order the extinguishment of the open burning operation and if not extinguished, cause the open burning to become extinguished without notice.
D. 
General Open Burning. The location for open burning shall be not less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. Exceptions include:
(1) 
Fires in approved containers that are not less than 15 feet from a structure.
(2) 
The minimum required distance from a structure shall be 25 feet where the pile size is three feet or less in diameter and two feet or less in height.
E. 
Bonfires. A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
F. 
Recreational fires. Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
G. 
Attendance. Open burning, bonfires, and recreational fires shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 of the SFPC with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
H. 
Burning permitted under the provisions of this article does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this article. In this regard special attention should be directed to Code of Virginia, § 10.1-1142, the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's regulations for the control and abatement of air pollution.
A. 
Notice. A written notice citing the section allegedly violated, describing the condition deemed unsafe and specifying time limitations for the required abatements to be made to render the premises safe and secure, shall be sent or mailed to the owner of the premises where the violation took place.
B. 
Right of appeal. Notices of violation shall indicate the right of appeal by referencing the opportunity to make an appeal to the Local Board of Building Code Appeals set out in § 71-9.
C. 
Pursuant to Code of Virginia, § 27-100, after exhaustion of any appeals, any such violation of this article shall be deemed a Class 1 misdemeanor, and any owner, or any other person, firm, or corporation convicted of such violation shall be punished in accordance with the provisions of Code of Virginia, § 18.2-11. Such person shall, in addition to the above penalty, be liable to the state, the county, and/or the responding fire departments, whether paid or volunteer, for the full amount of all expenses incurred respectively in suppressing such fire.