City of Evanston, WY
Uinta County
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Table of Contents
Table of Contents
[Amended by Ord. No. 81-75; Ord. No. 82-74; Ord. No. 86-21; Ord. No. 89-4; Ord. No. 95-12; Ord. No. 96-20; Ord. No. 97-18; Ord. No. 04-01]
A. 
There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the International Fire Code, being particularly the 2015 edition and the same is hereby incorporated in this section as if fully set out at length herein, and the provisions thereof shall be controlling within the City and, pursuant Wyoming Statute 15-3-202, such other territory peripheral to the City which is located within one-half mile of the corporate limits.
[Amended 7-19-2016 by Ord. No. 16-03]
B. 
From time to time, said International Fire Code may, by ordinance duly adopted by the governing body, be amended. Copies of such amendments shall be made available for public inspection in the same manner as the International Fire Code itself.
[Amended by Ord. No. 84-21; Ord. No. 86-21; Ord. No. 96-20; Ord. No. 04-01]
The International Fire Code as adopted and amended herein shall be enforced by personnel of the Uinta County fire protection and emergency services joint powers board, a member of which is the City.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
A. 
Wherever the word "jurisdiction" or the words "jurisdictional area" are used in the International Fire Code, it shall mean the corporate limits of the City and such other territory peripheral to such corporate limits located within one-half mile of the corporate limits.
B. 
Wherever the word "Chief," "Chief Engineer" or "Fire Marshal" is used in the International Fire Code or in this chapter, it shall mean the chief administrative officer of the Uinta County fire protection and emergency services joint powers board.
C. 
"Fire department" shall mean the Uinta County fire protection and emergency services joint powers board.
[Amended by Ord. No. 83-7; Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in section 3404.2.9.5.1 of the International Fire Code in which the storage of flammable or combustible liquids is prohibited are hereby established in all zoning districts within the corporate limits, except those districts zoned as industrial established, heavy industrial and agricultural established.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Section 3804.2 of the International Fire Code, in which storage of liquefied petroleum gas is prohibited, are hereby established as all zoning districts within the corporate limits except those districts zoned as industrial established, heavy industrial and agricultural established and in business districts where the storage of liquefied petroleum is accessory to a retail establishment and such storage does not exceed one thousand gallons.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Chapter 33 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established in all zoning districts within the corporate limits except those districts zoned as industrial established, heavy industrial and agricultural established.
[Amended by Ord. No. 96-20; Ord. No. 04-01]
The limits referred to in Chapters 22 and 30 of the International Fire Code in which the storage of compressed natural gas storage is prohibited, are hereby established as all zoning districts within the corporate limits except those districts zoned as industrial established, heavy industrial and agricultural established and in business districts where the storage of compressed natural gas is accessory to a retail establishment and such storage does not exceed one hundred eighty-three thousand cubic feet.
[Amended by Ord. No. 04-01]
Whenever the chief engineer shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the International Fire Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief engineer to the City council within thirty days from the date of the decision.
[Amended by Ord. No. 04-01]
The governing body and the chief engineer shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the International Fire Code. The chief engineer shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
[Amended by Ord. No. 81-41; Ord. No. 95-11; Ord. No. 95-16; Ord. No. 02-07]
A. 
Definitions.
FIREWORKS
Any article, device or substance that can be offered for sale under Wyoming Statutes Sections 35-10-201 through 35-10-207 as amended.
NFPA
The fire Prevention Code of the National Fire Protection Association.
PERMANENT STRUCTURE
A structure on a foundation affixed to property and which is not a tent, trailer, vehicle, mobile home, temporary stand or other temporary quarters.
B. 
Sale. No person shall sell or offer to sell fireworks within the corporate limits of the City of Evanston unless an annual fireworks permit has been obtained and the sale of fireworks is conducted in a permanent structure in compliance with the zoning, building, and fire prevention ordinances of the City of Evanston.
C. 
Permit Application. A person desiring to sell fireworks shall submit an application for each and every location at which an applicant desires to sell fireworks. The application shall be submitted to the City clerk and contain the following:
(1) 
The name of the applicant and applicant's mailing address and telephone number;
(2) 
The address of the permanent structure to be used for the sale of fireworks;
(3) 
A description of the permanent structure, including but not limited to, the square footage of area to be used for the sale and/or the storage of fireworks;
(4) 
A permit fee in an amount as determined by governing body in the annual budget resolution;
(5) 
The application shall be signed by the applicant or applicants acknowledging an understanding the requirements on which the permit is issued, and basis on which it may be revoked.
D. 
Application Review. All applications shall be reviewed within twenty-one days of receipt, to determine if it is in compliance with this section and the building, zoning and fire prevention ordinances. If the application is in compliance, the City clerk shall issue the permit. In the event the permit is denied, the fee shall be refunded.
E. 
Sale Restrictions.
(1) 
No person shall sell fireworks to a person who has not attained their sixteenth birthday;
(2) 
All persons selling fireworks shall, in close proximity to the fireworks display, prominently post a sign provided by the City, which notifies customers on which days it is lawful to discharge fireworks in the City of Evanston;
(3) 
No smoking shall be permitted in any facility selling fireworks or within fifty feet of the permitted facility;
(4) 
All 1.4.G consumer fireworks sold in the facility must comply with U.S. Consumer Product Safety Commission manufacturing and performance standards;
(5) 
No 1.3.G (Commercial Class B) fireworks shall be stored or located inside the facility.
F. 
Permitted Methods for Sale. A permit holder shall not display and sell fireworks unless the sales are conducted in compliance with one of the permitted methods of sale set forth below:
(1) 
Behind the counter. All fireworks shall be kept and displayed for sale in an area which is not accessible to the public, such as behind a counter or in an enclosed display case.
(2) 
Building with fire suppression sprinkler system. Fireworks may be kept and displayed for sale in an area accessible to the public in a building that is equipped with an automatic fire suppression sprinkler system per NFPA 13 and if the permit holder complies with the additional conditions, regulations and restrictions set forth below:
(a) 
The facility shall be limited in size to 10,000 square feet of selling area to which the public may be admitted;
(b) 
Aisles in the facility shall be a minimum six feet wide, and they shall be kept free and unobstructed at all times, aisles being defined as walking space between linear rows of shelving or product display;
(c) 
There must be one exit door for every 1,200 square feet of selling space to which the public may be admitted, with a minimum of three emergency exit doors in the public portion of facility and a minimum of one exit door in the staging area to which the public is not permitted;
(d) 
All emergency exit doors shall be metal or metal frame with tempered glass and shall have no locks other than push panic lock hardware and all exit doors shall be clearly marked;
(e) 
The facility must be a stand alone building unless the building is separated from the fireworks sales business by a two-hour rated fire area wall and has a separate entrance and exit;
(f) 
The facility shall be equipped with an adequate number of smoke detectors in both the retail and staging areas, which smoke detectors shall be inspected and tested annually and meet the requirements of NFPA 72 (e);
(g) 
Fire extinguishers shall be installed per NFPA requirements;
(h) 
Any storage areas in excess of 10% of the total building square footage area shall be separated from areas to which the public may be admitted by a one hour separation wall;
(i) 
The facility shall be located no closer than one hundred feet to any facility selling or dispensing gasoline propane or other such flammable products;
(j) 
All facilities must carry at least $1,000,000 in public and product liability insurance;
(k) 
Emergency evacuation plans must be conspicuously posted in appropriate locations with the facility;
(l) 
The facility shall be used only for the sale of fireworks and related products such as promotional t-shirts, hats and other promotional materials and products not to exceed 10% or less of the retail floor space;
(m) 
All employees must be a minimum of 16 years of age;
(n) 
All fireworks sold in the facility shall have covered fuses or be in cello-wrap or similar individual or assortment packaging unless the fireworks are kept and displayed for sale in an area which in not accessible to the public such as behind a counter or in an enclosed display case;
(o) 
No person under the age of sixteen shall be permitted in the facility unless they are accompanied by an adult.
(3) 
Building without a fire suppression sprinkler system. Fireworks may be kept and displayed for sale in an area accessible to the public in a building that is not equipped with an automatic fire suppression sprinkler system if the permit holder complies with the conditions, regulations and requirements set forth in subsections (a) through (o) of Section 9-10F(2) and if the permit holder complies the additional requirements, regulations and conditions set forth below:
(a) 
There must be one exit door for every 1,000 square feet of selling space to which the public may be admitted, with a minimum of three emergency exit doors in the public portion of facility and a minimum of one exit door in the staging area to which the public is not permitted. There shall be no more than 75 feet of travel distance from any place accessible to the public to an exit door;
(b) 
Aisles in the facility shall be a minimum of at least six feet wide. Any continuous aisle greater than 50 feet in length shall be an additional one foot wide for every 10 feet in length greater than 50 feet. Any crossing or intersecting aisles shall be at least eight feet wide. Each aisle shall be kept free and unobstructed at all times;
(c) 
Any storage area, which is larger than 10% of the floor area of the facility, shall be separated by a one hour area separation wall plus be equipped with a automatic fire suppression system;
(d) 
There shall be no shelves or displays of fireworks or other merchandise within three feet of any exit door.
G. 
Permit Restrictions. A permit issued pursuant to this section is not transferable, assignable or renewable and the holder of the permit is authorized to sell fireworks only at the location identified in the application.
H. 
Permit Revocation. After a hearing, the governing body may revoke a permit or impose restrictions on continued operation, if any federal, state, or local law related to the sale of fireworks has been violated.
[Amended by Ord. No. 81-41]
A. 
Any person who shall violate any of the provisions of the Uniform Fire Code or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with any order as affirmed or modified by the district court or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each such violation and noncompliance, be guilty of a misdemeanor, punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than six months, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.