Agenda - 04-05-2016 - 6-a - Minutes

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7 1 John Roberts said despite residents protesting, it is the State that regulates fireworks 2 displays and only allows counties to control the permitting process. 3 John Roberts said the County can intervene only when proper permits have not been 4 secured. 5 Commissioner Dorosin asked for clarification regarding the extent of current state 6 regulations. 7 John Roberts said the State regulates fireworks by licensing operators in various 8 categories and the size of the charge; but the State does not deal with the suitability of a 9 location, or notification requirements. 10 Commissioner Dorosin asked if this proposed amendment, as written, would reach a 11 broader class of vendors as opposed to the state regulations. 12 John Roberts said no and it specifically refers to the authority granted by GS14-413. 13 Commissioner Price asked if Orange County delegates this responsibility to the Fire 14 Marshal to enforce some regulations. 15 John Roberts said it requires the owners of the property to get a permit, list operators on 16 the permit, and notify the Fire Marshal, Sheriff, and County Manager. He said the onus is on 17 the property owner to post notification. 18 Commissioner Price said at the last meeting, she asked for this item to be pulled, as it is 19 too vague for the general public to make any type of informed comment. She said there was 20 not enough information in the agenda packet to allow for community discussion and for the 21 Board to make a decision. 22 Chair McKee said he asked about the $500,000 insurance policy requirement and said 23 he received an email indicating that there are no insurance policies for $500,000 but only for a 24 minimum of$1 million, at a cost of$1,800.00 to $1,900.00. 25 John Roberts said the state statute says if a county chooses to adopt a permitting 26 regulation then the State requires that the vendor have this insurance at a minimum of 27 $500,000 and higher, if needed. He said without this minimum insurance requirement a county 28 may not have a permitting process. 29 Chair McKee asked if John Roberts is satisfied with the $500,000 minimum even though 30 there are no policies being written for said amount. 31 John Roberts said the amount meets State law but when the Risk Manager asked her 32 contacts in insurance, she was told only $1 million policies existed. He said the County could 33 raise its minimum to $1 million, if so desired. 34 Jason Shepherd, Orange County Fire Marshal, read an excerpt from the fire code, 35 which stated, "the fire code official is authorized to specify a greater or lesser amount when, in 36 his or her opinion, conditions at the location of use indicate a greater or lesser amount is 37 required." 38 Chair McKee said if the County is on solid legal ground, he is satisfied to stay at the 39 $500,000 insurance requirement. 40 John Roberts said the County is on solid legal ground as long as the insurance 41 requirement is at least $500,000. 42 Commissioner Rich asked if particular outcomes are anticipated with this proposed 43 ordinance. 44 Jason Shepherd said the incident that started this issue was an isolated one. He does 45 not expect an influx as a result of this ordinance and there is a process already in place. 46 Commissioner Dorosin said without this ordinance an event like the isolated incident 47 could occur again. He said the Board cannot outright ban fireworks and this ordinance employs 48 additional steps, to the already existing process, by adding the insurance requirement and 49 notification requirements.