§ 13-78. Amendments and modifications

The following amendments to the International Fire Code adopted in section 13-75 are hereby adopted and incorporated by reference in such fire code:

(1) Modify section 101.1 to read - Title. These regulations shall be known as the Fire Code of the Village of Ashwaubenon, hereinafter referred to as "this code."

(2) The following requirements are in addition to the requirements in IFC section 105.1:

a. Section 105.1.1 is modified. Permits required. Permits required by this code shall be obtained through the office of the code official. Permit fees shall be as set forth in section 13-77 of this chapter. Permit fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the code official.

b. A permit shall constitute permission to maintain, store or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any permit required by law. It shall not be transferable, and any change in equipment, ownership, use or occupancy of premises shall require new permits.

c. All applications must be submitted no less than 30 days prior to commencing the prescribed activities. All applications shall be acted upon promptly, and the code official shall within 15 business days from the receipt of an application, either issue the requested permit or state to the applicant the reasons for not issuing it. With the exception of recreational fire permits.

d. Permits shall at all times be prominently displayed on the premises. With the exception of recreational fire permits.

e. The code official shall maintain a record of all permits issued, which shall be open to public inspection on request.

f. No permit shall be issued to minors.

g. No permit granted hereunder shall be transferable.

h. The code official may revoke any permit, approval or certificate issued under this Code where any condition of issuance has not been complied with or maintained, or where there has been any false statement or misrepresentation of any material fact in the application or plans on which the issuance was based. The code official shall promptly notify the holder of the revocation. The holder may appeal the code official's decision to the board. Such revocation shall be in effect pending the decision of the board, and the holder shall immediately comply with the conditions of revocation. Thereafter, it shall be unlawful for any person to continue or maintain the conditions causing the revocation excepting that the board finds in favor of the holder or a new permit is issued.

(3) Sections 105.6 and 105.7 required operational means construction permits. The code official shall be notified of the operations set forth in sections 105.6.1 through 105.6.46 and based on the nature of operations may require an inspection for compliance with village ordinances. The code official may require a permit where the operations have a potential for exceeding reasonable limits.

(4) The following requirements are in addition to the requirements in IFC section 107.2.2: reinspections will be subject to the fee as set forth in this chapter and which is on file in the village clerk's office.

(5) IFC section 108 is deleted from this chapter.

(6) IFC section 109.3 is deleted from this chapter.

(7) Section 111.4 modified as follows: Failure to comply. Any person who shall continue to work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a separate fine for each separate 24-hour period or portion thereof that the work progresses. Fines shall be levied under section 1-13

(8) The following requirements are in addition to the requirements in IFC section 301.1:

a. Prohibited activities. The consequences for the following prohibited activities shall be as specified in Wis. Stats. §§ 941.12 and 941.13:

1. Interfering with the proper functioning of a fire alarm system;

2. Interfering with the lawful efforts of a firefighter to extinguish a fire;

3. Interfering with, tampering with or removing a fire extinguisher, automatic fire sprinkler system, fire hose or other firefighting equipment without proper authorization;

4. Interfering with the accessibility of a fire hydrant; and

5. Intentionally giving a false alarm to any public officer or employee.

b. Matches. The manufacture, storage and distribution of matches shall comply with Wis. Stats. § 167.07.

(9) The following requirements are in addition to the requirements in IFC section 304.1:

a. All refuse stored before processing shall be stored in metal containers or bins outside in an approved location, or in fire-rated enclosures meeting all requirements of a storage location.

b. Exterior storage prior to collection. Refuse may be stored in approved bins constructed of noncombustible materials equipped with tightfitting rigid plastic lids. Containers equipped with plastic lids shall be at least ten feet from property lines, building overhangs, building openings, combustible building components and any other flammable or highly combustible or hazardous materials.

(10) IFC section 307.1 is modified to read:

General. All open burning is prohibited with in the Village of Ashwaubenon, except as approved by the code official in accordance with this section.

refnote

All training fire by the village public safety department shall comply with the most current edition of NFPA 1403, Standard on Live Fire Training.

(11) IFC section 307.2 is deleted and replaced with:

The code official shall allow an outdoor cooking fire without authorization.

(12) IFC section 307.3.1 is deleted and replaced with:

Bonfires. Bonfires are prohibited within the Village of Ashwaubenon limits, except as approved by the code official in accordance with this section.

(13) IFC section 307.3.2 is deleted and replaced with:

Recreational fires. All recreational fires shall comply with the following requirements:

a. No recreational fire shall be closer than 25 feet from any building, structure, property line, shed, garage, tree, shrub, bush, fence, or any other combustible material. No recreational fire shall be kindled or maintained on any public street, highway, sidewalk, or terrace.

b. All recreational fires shall be in a belowground fire pit with a minimum depth of four inches and a maximum diameter or three feet (36 inches); or in a portable (Weber-type) device that is placed upon a noncombustible surface and secured. The fire may not extend more than four feet above the ground at any time. Burning must be contained within the fire pit enclosure at all times. All below ground fire pits shall be surrounded on the outside, above ground, by a noncombustible material such as concrete block, rock, or metal and covered by a noncombustible cover when not in use.

c. No recreational fire shall be started when the wind will cause smoke, combustibles, or other materials to be carried toward any building or other combustible or flammable materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners.

d. Materials for recreational fires shall not include rubbish, garbage, recyclable items, trash, yard waste, any materials made of or coated with rubber plastic, leather, or petroleum-based materials, and shall not contain any flammable or combustible liquids.

e. Adequate fire suppression equipment shall be present to extinguish or control the recreational fire at all time. Adequate fire suppression equipment shall consist or shovels, fire extinguishers, water hoses, or other like equipment sufficient to extinguish the fire if necessary.

f. All recreational fires shall be attended at all times by at least one responsible person of age 18 or older until the fire is completely extinguished.

g. It shall be the duty of any renter or leasee to notify and obtain written permission from the property owner prior to initiating any recreational fire.

h. Citations may be issued for failure to comply with the above regulations.

i. The property owner, renter, or leasee shall be held liable for any damage caused by any recreational fire, including the cost of any citations.

(14) The following requirements are in addition to the requirements in IFC section 308:

a. Negligent handling. The negligent handling of burning material is prohibited.

b. Except as provided in subsections (14)b.1—6 of this section, the use of open flame fixtures in public buildings and places of employment is prohibited.

1. Open flame candles or open flame fixtures may be used in churches, fraternal lodges and other buildings as part of a religious, fraternal or ceremonial ritual.

2. Candles may be used in restaurants, supper clubs and similar occupancies provided the candle is enclosed on all sides with glass or similar noncombustible material and the enclosure extends at least one inch above the tip of the flame.

3. Open-flame candles and open-flame fixtures may be used in the seating areas of public assembly buildings provided the following conditions are satisfied:

(i) The stand upon which the candle is placed is a nontipping weighted stand or is securely attached to the end of fixed seating in at least two places.

(ii) The base of the candle is at least 78 inches from the floor.

(iii) The candle is guarded on top and sides at all times.

(iv) The aisle where the candles are placed is at least five feet wide.

4. Open flame food warming candles may be in restaurants, supper clubs and similar occupancies.

5. The use of decorative or other lights, which are fueled by flammable or combustible liquids, may be used provided they are self-extinguishing.

6. The use of open flames other than those uses specified in subsection (14)b.1—5 of this section shall be subject to the approval of the code official.

(15) Section 310.9 is created to read:

310.9. Negligence of smokers. Any person who shall, by smoking or attempting to light or to smoke cigars, cigarettes, pipes, or tobacco in a careless, reckless, or negligent manner, whether willfully or wantonly or not, set fire to any bedding, furniture, curtains, drapes, house or household fittings, or to any part of any building, so as to endanger life or property in any way or to any extent, shall be guilty of violating this section and shall, upon conviction, forfeit the amount prescribed in section 13-79.

310.9.1 Posting of notice. In each sleeping room of all hotels, roominghouses, lodginghouses, and other places of public abode, a plainly printed notice shall be kept posted in a conspicuous place that advises tenants of the provisions of this subsection.

(16) The following requirements are in addition to the requirements in IFC section 501:

a. Identification required. All owners shall identify, in accordance with the requirement of this section, the location of a fire division wall or occupancy separation wall at the exterior walls of buildings with a sign. A sign may not be required to identify a fire division wall or occupancy separation wall in buildings more than three stories.

b. Definitions. For the purposes of this section, the term "fire division wall" or "occupancy separation wall" means a wall extending from the lowest floor level to or through the roof and extending the full width or length of the building.

c. Sign requirements.

1. General. The sign shall consist of three circles arranged vertically on the exterior wall marking the location of the fire division wall or occupancy separation wall and centered on the fire division wall or occupancy separation wall. The circles may be affixed directly to the surface of the building or may be placed on a background material that is affixed to the building.

2. Size of circle. Each circle shall be the same size. The diameter of the circle shall be at least 1½ inches, but no greater than two inches.

3. Spacing. The circles shall be spaced equal distance apart. The maximum distance measured from the top of the uppermost circle to the bottom of the lowermost circle shall be 12 inches.

4. Color. The color of the circle shall be limited to red, amber (orange-yellow) or white (clear) and shall be reflective. The color of the circle shall contrast with the color of the background.

d. Location. The top of the sign shall be located on the face of the exterior wall of the building and located no more than 12 inches below the eave, roof edge, fascia or parapet.

e. Effective date. All buildings with firewalls permitted after September 1, 1995, shall comply with this section.

(17) The following requirements are in addition to the requirements in IFC section 503.1, Fire Lanes on Public or Private Property:

a. Where required. All public or private premises that the public safety department may respond to, in case of an emergency, that are not readily accessible from public roads shall be provided with suitable access roads and fire lanes, as required by the International Fire Code, so that all buildings on the premises are accessible to emergency vehicles. At least two exterior walls of each building shall be available for public safety department access. The code official may consider alternative designs that ensure adequate access for emergency apparatus, equipment and personnel.

b. Width. Fire lanes shall be at least 24 feet in width with the closest edge of the lane at least ten feet and no more that 30 feet from the building.

c. Dead-end roads. Any dead-end road more than 300 feet long shall be provided with a turn-around at the closed end of the roadway.

d. Turning radius. Curves and turn arounds shall be designed for a 75-foot turning radius.

e. Designation, marking and maintenance of fire lanes. The code official shall approve the marking of fire lanes on public or private property, devoted to public use.

1. Designated fire lanes shall be marked with signs within five feet of the beginning and five feet of the end of the fire lane, with spacing between signs not to exceed 150 feet. Each sign shall face in the direction of oncoming traffic. The curb shall be painted yellow; if there is no curb, a four-inch-wide stripe shall be painted the full length of the fire lane. A "Fire Lane or Fire Zone" sign shall be affixed to a stationary pole or object, and shall be plainly visible.

2. Roadways identified exclusively as fire lanes shall be identified with approved "Fire Lane or Fire Zone" signs facing forward on each side of the roadway. The pavement area between the signs shall be striped with four-inch-wide yellow stripes.

f. Obstructing fire lanes regulated. Obstructing fire lanes shall be prohibited at all times, including the accumulation of snow. Any vehicle that is parked within a lawfully designated and marked fire lane may be removed at the vehicle owner's expense. Vehicles will be towed away under the following circumstances:

1. When a vehicle repeatedly violates this section by habitually parking in a designated fire lane.

2. When a vehicle blocks the ingress or egress of a public building or a place of employment.

3. When a vehicle's presence threatens the life or safety of the public by impeding the ability of emergency vehicles to respond to an emergency.

Removal of a vehicle under such circumstances may be authorized by the person in lawful possession of the property or by the director of public safety or his representative. The public safety department may order the towing of a vehicle at the time that the above conditions exist.

g. Unapproved fire lanes. Fire lane signs posted without the approval of the department shall be removed or the fire lane shall be formally established and posted as required by this section.

h. Surface of fire apparatus access roads. The following requirements are in addition to the requirements in IFC section 503.2.3: Fire lanes shall be designed to support the imposed loads of fire apparatus and shall be constructed of asphalt or concrete.

i. Grade of fire apparatus access roads. The following requirements are in addition to the requirements in IFC section 503.2.7: The grade shall not exceed a slope of eight percent.

See Wis. Admin. Code chs. Comm 61 to 65 for submittal requirements for construction documents for fire apparatus access. A copy of the construction documents will also be submitted to the public safety department for approval.

(18) The following requirements are in addition to the requirements in IFC section 505.1: Buildings with more than one tenant shall have suite numbers/letters, unless each tenant space has a village building inspector-approved address number. The suite number/letter shall be posted on the main entrance door. Those tenant spaces that have a rear exit door shall have the suite number/letter posted on the exterior of that door.

(19) The following requirements are in addition to the requirements in IFC section 506.1:

All new buildings will be required to have a key box installed at the time of construction. All existing buildings must have a key box installed prior to December 31, 2011. One- and two-family dwellings and multifamily buildings that have no common areas, are exempt from this requirement. If a building contains multiple occupancies, one key box large enough to contain keys for each occupancy is required.

Location: The key box shall be mounted five feet from the grade, and within five feet of the main entrance of the building unless the code official approves an alternate location.

Keys: The key box shall contain building keys and interior keys required by the public safety department. All keys shall be clearly labeled with regard to their function.

(20) The following requirements are in addition to the requirements in IFC section 508.1, Fire Protection Water Supply and Fire Hydrants:

a. Installation requirements. Private fire hydrants and water mains shall be installed in accordance with NFPA 24 and this subsection. Private fire hydrants and water mains shall be maintained in accordance with NFPA 25.

b. Plans. Plans shall be submitted to the code official for review to determine compliance with the applicable standards prior to the installation of private fire service mains and fire hydrants. The code official shall act upon such applications within 15 days of receipt thereof. Denials of such applications may be appealed to the board.

c. Fire hydrants. All portions of the exterior walls of newly constructed and additions to public buildings, places of employment and open storage of combustible materials shall be within 300 feet of at least two fire hydrants. Hydrant spacing shall not exceed 400 feet between any two hydrants. One- and two-family dwellings shall be within 500 feet of at least one fire hydrant. Distances shall be measured along the path of the hose lay. Hydrants are not required in locations that are not accessible to fire apparatus. Private fire hydrants shall not be located in the public right-of-way. Hydrant requirements in accordance with this standard may be met with existing public or private hydrants. The code official may approve alternative locations and spacing of fire hydrants provided hydrants meet the fire suppression tactical needs of the public safety department.

d. Location. Fire hydrants shall not be located within 40 feet of any building. Fire hydrants shall be no more than ten feet and no less than five feet from the curb or edge of the street or fire apparatus access. Fire hydrants located in parking lot islands shall be a minimum of 3.5 feet from the center of the hydrants to the curb. The code official may consider alternative setback distances when site conditions conflict with the provisions of this section.

e. Specifications:

1. All hydrants shall be positioned so the largest outlet faces the street or fire lane.

2. The center of the lowest outlet cap of fire hydrants shall be at least 18 inches above grade and not more than 24 inches above grade.

3. All private water lines between the municipal water main and approved fire hydrants shall be no less than eight inches inside diameter.

f. Marking and color of hydrants. Whenever the location of a fire hydrant may be obscured by its placement, or due to the placement of a building, structure, fencing, grade of land, vegetation, snow accumulation or other obstruction of vision, the code official may require such fire hydrants to be identified and marked with above grade markers. Above grade markers are any devices, approved for use by the code official, designed to promote and enhance the ready identification of fire hydrant locations. All private hydrants fed by municipal water shall be red in color. All other private hydrants shall be orange.

g. Obstructions. No person shall park any motor vehicle or otherwise interfere with the accessibility of any fire hydrant by piling, dumping or placing any other obstructive material or object, including but not limited to trees, bushes, fences or posts, within ten feet of a fire hydrant without first obtaining written permission from the public safety department. A public street is obstructed by a motor vehicle, when a perpendicular line is drawn from the hydrant to the curb or street edge and ten feet either side of that line. Grade changes exceeding 1.5 feet are not permitted within ten feet of a fire hydrant or hydrant lead. Owners shall remove snow, vegetation or other material that has covered or obscured the view of the hydrant on their property. This section of 29.12(16) is retroactive.

h. Prior to construction. Fire hydrants shall be installed and in service prior to proceeding above the footing and foundation.

i. Out of service. Private fire hydrants and water systems placed out of service or made inoperable for maintenance, repair or construction shall be covered with a durable and weather resistant bag to indicate the hydrant is not useable. The public safety department (492-2995) shall be immediately notified when hydrants and/or systems are out of service. Fire hydrants and/or water systems shall be repaired and returned to service within 48 hours except as otherwise approved by the code official.

(21) The following language is substituted for section 603.4 of the IFC: Portable unvented fuel-fired heating equipment is prohibited except during construction or demolition of a building as allowed under IFC section 1403.

(22) The following requirements are in addition to the requirements in IFC section 605.1, Extension Cords and Relocatable Power Taps:

a. Definitions.

1. In this subsection, the term "extension cord" means a cord set consisting of a length of flexible cord with an attachment plug at one end and a cord connector, which permits the connection of one or more attachment plugs, at the other end.

2. In this subsection, the term "relocatable power tap" means a system consisting of an attachment plug cap and a length of flexible cord terminated in an enclosure in which are mounted one or more receptacles. A relocatable power tap may be provided with supplementary overcurrent protection, switches, indicator lights, transient voltage surge suppressors, or electromagnetic interference filters.

b. Listing. Extension cords and relocatable power taps shall be listed by UL or other approved nationally recognized testing agency.

See standard UL 817-Cord Sets and Power Supply Cords or UL 1363-Relocatable Power Taps for additional information.

c. General requirements.

1. Extension cords shall only be used for temporary wiring and shall not be substituted for permanent wiring.

2. Extension cords shall be of a three-wire grounding type when used in conjunction with devices equipped with three-prong grounding type attachment plugs.

d. Ampacity. The current carrying capacity of the extension cord or relocatable power tap may not be exceeded.

e. Use of extension cords and relocatable power taps.

1. Except as provided in subdivision 2., extension cords and relocatable power taps may not be multiplied or plugged into one another.

2. Extension cords may be used for temporary wiring at construction sites provided the cords comply with Article 305 of the National Electrical Code as adopted in Wis. Admin. Code ch. Comm 16.

3. Extension cords shall be permitted only with portable appliances, hand tools or fixtures.

4. Relocatable power taps are permitted only with portable electronic equipment such as audiovisual equipment, computers and peripheral equipment.

5. Except for listed adapter cord sets intended for construction site use, each extension cord shall serve only one portable appliance, hand tool or fixture.

f. Physical protection.

(1) Extension cords and relocatable power taps shall be protected from physical impact and environmental damage.

(2) Extension cords and relocatable power taps may not be attached to structures or placed under doors or floor coverings.

(23) The following requirements are in addition to the requirements in IFC section 703.1: At least every four years, all fire dampers, smoke dampers and ceiling dampers and components shall be operated to ensure they remain in working condition as designed and installed.

(24) Section 703.1.1.1 is added. Marking of fire separation assemblies. All fire-rated assemblies shall be marked at least every 50 feet describing the type and hour rating of the assembly in such locations as to be found by maintenance personnel when servicing the buildings systems. Stencils shall use a minimum one-inch lettering and, where possible, be applied in the locations where penetrations exist.

(25) The following requirements are in addition to the requirements in IFC section 804.1.1: The requirements of IFC section 804.1.1 do not apply to natural cut seasonal holiday trees from November 1 through March 1.

(26) The following requirements are in addition to the requirements in IFC 901.6: At least once each year, a person having the applicable credential specified in Wis. Admin. Code ch. Comm 5, shall conduct the inspection, testing and maintenance specified for automatic fire sprinkler systems in NFPA 25.

This section does not preclude noncredentialed individuals from conducting the daily, weekly, monthly, quarterly or semiannual inspection and testing activities for automatic fire sprinkler systems required under NFPA 25 and NFPA 72.

(27) Section 903.3.7 is added. Multiple fire department connections. Where multiple fire department connections are provided for sprinkler or standpipe systems on the same structure, all such systems shall be interconnected in accordance with NFPA 14.

(28) The following requirements are in addition to the requirements in IFC section 904.11.6: Duct and hood systems, including the fire extinguishing system, shall be maintained in accordance with NFPA 96, as referenced in Wis. Admin. Code chs. Comm 61 to 65.

(29) Section 905 standpipe systems are modified as follows: Any subsection that requires installation class II or class III standpipes shall substitute fire extinguishers and class I connections near outside access doors. Where connections draw supply from the building sprinkler system said supply shall be from a riser feeding an area not adjacent to the door.

(30) Section 905.4.1 exception is deleted.

(31) Exceptions from sections 907.2.1, 907.2.2, 907.2.3(2.), 907.2.4, 907.2.7, 907.4.1 eliminating the need for manual pull stations are deleted.

(32) Section 907.9.3 is added. Zone map. A map showing the locations for all devices in a system shall be provided at the control panel and any remote annunciator panels. The zone map shall be plotted on a building layout showing each floor independently. The map shall be displayed in a manner approved by the director.

(33) Section 907.10.3 is added. False alarms. Interfering with the proper operation of fire alarm equipment or intentionally giving a false alarm is prohibited.

(34) Section 907.17.1 is added. Notification. The installing contractor shall notify the code official of all required testing. The code official may require all testing to be witnessed by a member of the fire department.

(35) The following note is added to IFC 907.20.5:

Wis. Stats. § 101.145(3)(b) and (c) addresses maintenance of smoke detectors in residential buildings.

(36) IFC section 909.18 is deleted.

(37) The following exception is added to the exceptions in section 1008.10 of the IFC: Seats not secured to the floor are permitted for companions of a person with a disability.

(38) The following language is substituted for section 1010 of the IFC: The entire means of egress system shall remain clear and unobstructed continuous to the public way or safe dispersal area at all times. All components of the means of egress system shall be maintained to remain in compliance with the building and illumination codes in effect at the time of construction.

(39) The following requirements are in addition to the requirements in IFC section 1410.1: Access to construction areas.

a. Design.

1. Access roadways shall be extended to within 30 feet of the closest edge of the building.

2. Access roadways shall have not less than 20 feet of unobstructed width and a minimum of 13 feet six inches of vertical clearance.

3. Access roadways in excess of 300 feet in length shall be provided with approved provisions for a turnaround adequate for emergency vehicles.

4. A driving surface of at least road base quality gravel shall be maintained at all times in order that all weather integrity is assured. The road base shall be capable of supporting the imposed loads of fire apparatus.

b. Maintenance. During winter months, roads shall be maintained by the developer to include proper and timely snow removal.

c. Penalty for noncompliance. Failure to comply with these requirements shall result in revocation of building permits or refusal to issue permits.

(40) The following requirements are in addition to the requirements in IFC section 2703.5: Hazardous Material Identification.

a. Identification signs required. Buildings, storage trailers, stationary tanks, areas and rooms of buildings that contain a hazardous material shall be identified with signs in accordance with this section. Signs shall be maintained at all times and shall be located as directed by the director. Signs shall be durable, weather resistant and unobstructed.

b. Exemptions. The following are not required to be identified with a sign:

1. Buildings used primarily for a retail trade activity that do not store or sell hazardous materials in quantities to present an unusual hazard to first responders.

2. Doors that directly access a laboratory shall be identified with a notice at least 8.5 inches by 11 inches in size. The notice shall contain at least the laboratory emergency information as specified in Table B.

c. Building identification. A sign at least 2½ inches square with no numbers shall be conspicuously placed on or near all of the exterior building exit doors to identify the building to the public safety department as a labeled building. A sign at least 7½ inches square with the required identification numbers indicating the highest number of the most hazardous material for each hazard shall be conspicuously placed on or near the exterior door closest to the hazardous material.

d. Room identification. Doors that directly access a room or area that contains a hazardous material shall be identified with a numbered sign at least 7½ inches square. In any room or area that has more than one hazardous material, the sign shall list the highest number of the most hazardous material for each hazard. The sign shall be placed on the door or as designated by the director.

e. Tank identification. A sign at least 7½ inches square with the required identification numbers shall be placed on each individual tank in such a manner so that the sign is clearly visible on two sides.

(41) Section 2703.5.2 is added. Building identification. A hazard identification sign at least 12 inches square shall be affixed to the side of the structure that has the primary fire vehicular access. The sign shall have the identification numbers indicating the most hazardous material for each category. The sign shall be displayed in a location approved by the code official.

(42) That the limits referred to in Section 3204.3.1.1 are hereby established shall not exceed a water capacity of five gallons per site.

(43) Section 3301.1.3 Exception (4) is deleted and replaced with: The possession, storage, sale, handling, and use of caps (less than one-fourth grain of explosive mixture), toy snakes (without mercury), sparklers (not exceeding 0.25-inch outside diameter), paper confetti or streamer devices, noise makers not exceeding three grams (without explosion, spark, or external flame).

(44) Section 3301.2.2.1 is added. No person who sells, stores, or uses fireworks shall do so within 100 feet of any dwelling, public assemblage, or any facility, which sells flammable liquids in quantities exceeding one gallon.

(45) Section 3301.2.4 is deleted and replaced with: Financial responsibility. Before a permit is issued, as required by section 3301.2, the applicant shall file a corporate surety bond in the minimum principal sum of $2,000,000.00 bodily injury and property damage, naming the city and its agents as additional insured. Said insurance shall indemnify and defend the city, its officers, employees, and agents against all claims, liability, loss, damages, or expenses, whether caused by or contributed to by any negligence of the city, its officers, employees, or agents. Proof of insurance shall be submitted to the director at the time of the permit application.