ORDINANCE NO. 2025 - 366
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF KALONA, IOWA, BY ADDING CHAPTER 41.14 REGARDING FIREWORKS
BE IT ENACTED by the City Council of the City of Kalona, Iowa, as follows:
SECTION 1. AMENDMENT. The Code of Ordinances of the City of Kalona, Iowa, is hereby amended by repealing Chapter 41.14 regarding Fireworks and adopting the following in lieu thereof:
41.14 FIREWORKS.
(Code of Iowa, Sec. 727.2)
1. Definitions. For purposes of this section:
A. “Consumer fireworks” means the following fireworks, as described in Chapter 3 of the American Pyrotechnics Association (“APA”) Standard 87-1:
(1) First-class consumer fireworks:
a. Aerial shell kits and reloadable tubes;
b. Chasers;
c. Helicopters and aerial spinners;
d. Firecrackers;
e. Mine and shell devices;
f. Missile-type rockets;
g. Roman candles;
h. Sky rockets and bottle rockets;
i. Multiple tube devices under this paragraph which are manufactured in accordance with APA Standard 87-1, Section 3.5.
(2) Second-class consumer fireworks:
a. Cone fountains;
b. Cylindrical fountains;
c. Flitter sparklers;
d. Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA Standard 87-1, Section 3.5;
e. Ground spinners;
f. Illuminating torches;
g. Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2;
h. Wheels;
i. Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2.
2. Sales - General Requirements.
A. Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the City at City Hall:
(1) License. Proof of a valid license issued by the State Fire Marshal.
(2) Liability Insurance. Proof of liability insurance separate from the building property insurance, specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000.00.
(3) Building Inspection. Any property, building, or premises, whether it be permanent or temporary, intended for the sale of “First Class Fireworks” as defined under the definitions section of this chapter, shall have an initial building inspection completed by the Building Inspector prior to engaging in the sale of “First Class Fireworks”. The Building Inspector shall cause an annual inspection to occur, meeting the requirements of the National Fire Protection Code 1124 (2018 Edition). Inspection costs shall be assessed as follows:
a. Permanent structures where “First Class Fireworks” are sold - annual inspection fee of $100.00.
b. Temporary or non-brick or mortar building where “First Class Fireworks” are sold - annual inspection fee of $200.00.
B. Dates of Sale. “Consumer Fireworks” sales shall only be conducted in accordance with dates and times designated by Section 727.2 of the Code of Iowa. It is unlawful to sell consumer fireworks without meeting the requirements specified in this section or to sell fireworks outside of the dates specified.
(1) Approved fireworks sales meeting the requirements of this section shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved fireworks sales meeting the requirements of this section shall be allowed from an approved temporary structure between June 13 and July 8.
C. Safety Requirements. The following safety requirements shall be adopted for all locations where “First Class Fireworks” are sold:
(1) All transportation, storage, and sales of “First Class Fireworks” shall conform to the safety standards set forth by the National Fire Protection Code 1124 (2018 Edition), including (but not limited to) those standards concerning separation distance requirements and aggregate weight limits.
(2) There shall be no more than 1,000 pounds of 1.4G class fireworks on site at any temporary structure sales location.
(3) Any permanent structure used primarily for the purpose of “First Class Fireworks” sales shall be located 50 feet from a property line, public roadway, alley, or highway, and 100 feet from an inhabited building, house, or residential area.
(4) Any temporary structure having between 500 and 1,000 pounds of total aggregate weight of DOT 1.4 class shall be located 70 feet from a property line, public roadway, alley, or highway, and 110 feet from an inhabited building.
(5) Smoking, open flame sources, or matches shall not be located within 50 feet of where “First Class Fireworks” fireworks are sold. The following exceptions apply:
a. Lighters and matches may be sold as part of a retail business in commercial structures that engage in other merchandise sales, where consumer fireworks are not the primary business.
b. Locations that engage in “First Class Fireworks” sales as a primary source of revenue may sell extended lighters so long as lighters are located in a sealed package and not opened within the store premises.
(6) All electrical wiring shall meet NFPA 70 National Electrical Code. Permanent structures or buildings used primarily for “First Class Fireworks” sales shall meet wiring requirements for a hazardous location, including covered light fixtures to avoid sparks upon failure or damage to lights.
(7) Locations shall maintain a 48-inch clear aisle between “First Class Fireworks” display shelves.
(8) Locations shall maintain two approved exits for egress during an emergency. All approved exits shall be clearly marked with signage, except that exit signs shall be illuminated in permanent structures.
(9) “First Class Fireworks” sales shall only be permitted in a single-story at-grade building or structure to facilitate easy exiting during an emergency.
(10) Locations shall have a minimum of two 10-pound ABC-rated fire extinguishers mounted in accordance with NFPA 10. Additional fire extinguishers shall be placed in locations to prevent the travel distance from exceeding 75 feet in order to reach a fire extinguisher.
(11) All doors used as service doors outside the view of a clerk shall be locked to prevent unauthorized persons from entering the building unnoticed. If doors are approved as exit doors as part of the two approved exits needed, they shall be operable without special tools, keys, or knowledge. Delayed or alarmed egress doors are permitted so long as release is activated within eight seconds.
(12) No person under the influence of alcohol, drugs, or narcotics shall be allowed to remain in the business where “First Class Fireworks” are sold as a primary business.
(13) No more than one Conex container or approved explosive magazine shall be located on site for short-term storage of extra product. All containers shall be properly placarded and equipped with tamper-proof locking devices. It is permitted to place containers in a security-fenced area.
(14) Individual “First Class Fireworks” devices or opened consumer fireworks packages shall not be permitted to be displayed. No open fuses shall be exposed during storage inside a sales location.
(15) “First Class Fireworks” sales shall only be allowed in areas zoned for commercial use. All commercial zoned properties with residential dwellings would be prohibited from all commercial fireworks sales.
(16) Any person engaged in consumer firework sales in any zone other than commercial zoned areas shall not be approved for sales within the City limits.
(17) No person shall sell a DOT 1.4 class “First Class Fireworks” to a person under the age of 18.
(18) “First Class Fireworks” shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by other substances.
3. Fireworks - Discharging General Requirements.
A. No person under the age of 18 shall discharge a DOT 1.4 class consumer fireworks without parental supervision.
B. A person shall discharge a consumer fireworks device on real property he or she owns or on property where consent has been given.
C. Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.
D. Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or a manner likely to cause death, injury, fire, or property damage.
E. No person shall discharge a consumer fireworks device outside the following dates:
(1) July 3rd and 4th
(2) December 31st
F. It is unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging.
G. Sky lantern open flame devices are not permitted to be released within the City limits, except if tethered by a retrievable rope, to ensure that the person discharging has control of the sky lantern.
H. Display fireworks. It is unlawful for any person to use or explode any display fireworks, except for the dates of July 3, July 4, and December 31. City Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the City when the display fireworks will be handled by a license operator, but no such permit shall be required for the display of display fireworks at incorporated county fairs or at district fairs receiving State aid.. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
A. Personal Injury: $250,000.00 per person
B. Property Damage: $50,000.00
C. Total Exposure: $1,000,000.0
4. Violations. All violations of any provisions of this section are hereby declared simple misdemeanors and/or municipal infractions. Violations may be prosecuted as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the peace officer. Fines for violations shall be the following: First Offense $250.00, Second Offense $500.00, Third Offense: Citation plus court costs. Violations of this chapter are subject to being reported to the State Fire Marshal.
SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY. If any section or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole, or any sections, provisions, or part thereof not adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect upon its final passage, approval, and publication as provided by law.
PASSED AND APPROVED by the City Council on the 16 day of June, 2025
Mark Robe, Mayor
Attest: Sarah Chmelar, City Clerk
Published in The News, Thursday, June 26, 2025 L-343
