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File #: Ord 2333    Version: 1 Name:
Type: Ordinance Status: Consent 2nd Reading
File created: 5/24/2021 In control: City Council
On agenda: 6/7/2021 Final action: 6/7/2021
Title: AN ORDINANCE AMENDING SECTION 5-41001 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AMEND THE FIRE CODE OF THE CITY OF COMMERCE CITY, THE 2018 INTERNATIONAL FIRE CODE AS ADOPTED AND AMENDED, TO ALLOW THE LIMITED USE OF CERTAIN FIREWORKS IN COMMERCE CITY
Attachments: 1. Council Communication, 2. Ordinance - Final, 3. Ordinance, 4. IFC 5601.1.3 Modifications (Reference), 5. Presentation
Title
AN ORDINANCE AMENDING SECTION 5-41001 OF THE COMMERCE CITY REVISED MUNICIPAL CODE TO AMEND THE FIRE CODE OF THE CITY OF COMMERCE CITY, THE 2018 INTERNATIONAL FIRE CODE AS ADOPTED AND AMENDED, TO ALLOW THE LIMITED USE OF CERTAIN FIREWORKS IN COMMERCE CITY

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Summary and Background:
Currently, the possession, storage, sale, handling, and use of fireworks is prohibited in Commerce City pursuant to Section 5601.1.3 of the Fire Code of the City of Commerce City. The use of fireworks and explosives in city parks is also prohibited.

The proposed ordinance amends the Fire Code to allow the limited use of certain fireworks in the city, except on park property. The ordinance would:
(1) allow the outdoor use of "permissible fireworks," as defined by state law, on July 3-4 and December 31 from 10:00 a.m. to 11:00 p.m. Similar to state law, the use of fireworks by persons under the age of 16 is permitted only with direct adult supervision.
(2) allow the possession, storage, sale and handling of such permissible fireworks, within state and federal regulatory requirements.

What fireworks would be permitted:
"Permissible fireworks," pursuant to state law (C.R.S. ยง 24-33.5-2001(11)), are specific types of small fireworks devices designed to produce audible or visual effects by combustion, complying with the requirements of the United States consumer product safety commission as set forth in 16 CFR 1500.1 to 1500.272 and 1507.1 to 1507.12 , and classified as consumer fireworks UN0336 and UN0337 pursuant to 49 CFR 172.101, as follows:

- Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each for a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic composition of no more than two hundred grams;

- Cone fountains, total pyrotechnic composition not to exceed fifty grams each for a single cone or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than t...

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