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(a) The International Fire Code (IFC), section 202, General Definitions, shall be amended to include the following definition:

Permissible fireworks means the following 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 CPSC 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:

1. 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;

2. 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 two hundred grams;

3. Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two hundred grams for each complete wheel;

4. Ground spinner, a small device containing not more than twenty grams of pyrotechnic composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to be placed flat on the ground;

5. Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed two hundred grams each;

6. Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five grams;

7. Any of the following that do not contain more than fifty milligrams of explosive composition:

(A)  Explosive auto alarms;

(B)  Toy propellant devices;

(C)  Cigarette loads;

(D)  Strike-on-box matches; or

(E)  Other trick noise makers;

8. Snake or glow worm pressed pellets of not more than two grams of pyrotechnic composition and packaged in retail packages of not more than twenty-five units;

9. Fireworks that are used exclusively for testing or research by a licensed explosives laboratory;

10. Multiple tube devices with:

(A)  Each tube individually attached to a wood or plastic base;

(B)  The tubes separated from each other on the base by a distance of at least one-half of one inch;

(C)  The effect limited to a shower of sparks to a height of no more than fifteen feet above the ground;

(D)  Only one external fuse that causes all of the tubes to function in sequence; and

(E)  A total pyrotechnic composition of no more than five hundred grams.

"Permissible fireworks" do not include aerial devices or audible ground devices, including, but not limited to, firecrackers, aerial shells, mortars, pop bottle rockets, sky rockets, or roman candles.

(b) The International Fire Code, section 5601.1.3 is hereby amended by adding two exceptions, to be numbered 5 and 6, which exceptions shall read as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited:

Exceptions:

5. It shall be lawful for any person sixteen years of age or older to possess, use or discharge any permissible fireworks between June 15 and July 4 of the calendar year.

6. It shall be lawful for a person under sixteen years of age to possess, use or discharge any permissible fireworks between June 15 and July 4 of the calendar year when such person is under the supervision of a person twenty-one years of age or older.

7. It shall be unlawful for any person to possess, use or discharge any fireworks other than permissible fireworks.

8. It shall be unlawful for any person to discharge any permissible fireworks between July 5 of the calendar year and June 14 of the following calendar year.

9. It shall be unlawful to sell, use, possess, or discharge any type of firework, including permissible fireworks, when the city's fire chief bans the sale, use, possession, or discharge of fireworks in the city.

(c) The International Fire Code, section 5601.1.3 is hereby amended by adding an additional subsection 5601.1.3.1 to read as follows:

5601.1.3.1. Penalty for illegal fireworks. Any person who enters a plea of guilty, no contest, or is convicted of violating this section, shall be subject to the payment of a fine not less than $250.00 and not more than the maximum fine set forth in the general penalty provision of section 1-13(a) of the City Code or by imprisonment not to exceed the maximum imprisonment set forth in the general penalty provisions of section 1-13(a) of the City Code, or both such fine and imprisonment, the minimum monetary fine in this subsection shall not be suspended by the municipal court.

(d) The International Fire Code, section 5601.2.3 is hereby amended to read as follows:

5601.2.3. Permit restrictions. The fire code official is authorized to limit the quantity of explosives, explosive materials, or fireworks permitted at a given location. No person, possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored. Prior to the issuance of a permit, a copy of the applicant's Colorado State License for the use and/or transportation of explosives shall be filed with the Aurora Fire Department.

(Ord. No. 2020-13, § 1, 5-5-2020; Ord. No. 2017-08, § 1, 2-27-2017; Ord. No. 2015-62, § 6, 12-7-2015; Ord. No. 2006-77, § 1, 1-8-2007)