Minutes 03-01-2016 - Laserfiche WebLink

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7 State is primarily responsible for regulating fireworks displays. He said the Board directed staff to look at noticing. He said senior staffs, the Sheriff and the Fire Marshal reviewed the topic and determined that State law allows counties to permit displays of large fireworks for events, concerts, fairs, etc. He said the recommendation is that there should be a 1000-foot notice requirement; the property owner hosting the event must secure appropriate insurance; and that each commercial display vendor must provide bonds. John Roberts said despite residents protesting, it is the State that regulates fireworks displays and only allows counties to control the permitting process. John Roberts said the County can intervene only when proper permits have not been secured. Commissioner Dorosin asked for clarification regarding the extent of current state regulations. John Roberts said the State regulates fireworks by licensing operators in various categories and the size of the charge; but the State does not deal with the suitability of a location, or notification requirements. Commissioner Dorosin asked if this proposed amendment, as written, would reach a broader class of vendors as opposed to the state regulations. John Roberts said no and it specifically refers to the authority granted by GS14-413. Commissioner Price asked if Orange County delegates this responsibility to the Fire Marshal to enforce some regulations. John Roberts said it requires the owners of the property to get a permit, list operators on the permit, and notify the Fire Marshal, Sheriff, and County Manager. He said the onus is on the property owner to post notification. Commissioner Price said at the last meeting, she asked for this item to be pulled, as it is too vague for the general public to make any type of informed comment. She said there was not enough information in the agenda packet to allow for community discussion and for the Board to make a decision. Chair McKee said he asked about the $500,000 insurance policy requirement and said he received an email indicating that there are no insurance policies for $500,000 but only for a minimum of$1 million, at a cost of$1,800.00 to $1,900.00. John Roberts said the state statute says if a county chooses to adopt a permitting regulation then the State requires that the vendor have this insurance at a minimum of $500,000 and higher, if needed. He said without this minimum insurance requirement a county may not have a permitting process. Chair McKee asked if John Roberts is satisfied with the $500,000 minimum even though there are no policies being written for said amount. John Roberts said the amount meets State law but when the Risk Manager asked her contacts in insurance, she was told only $1 million policies existed. He said the County could raise its minimum to $1 million, if so desired. Jason Shepherd, Orange County Fire Marshal, read an excerpt from the fire code, which stated, "the fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required." Chair McKee said if the County is on solid legal ground, he is satisfied to stay at the $500,000 insurance requirement. John Roberts said the County is on solid legal ground as long as the insurance requirement is at least $500,000. Commissioner Rich asked if particular outcomes are anticipated with this proposed ordinance.