West Virginia Code 29-3E-6 – Required permit for public fireworks display
(a) Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal.
Terms Used In West Virginia Code 29-3E-6
- Amusement park: means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under article ten, chapter . See West Virginia Code 29-3E-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fire Marshal: means the State Fire Marshal. See West Virginia Code 29-3E-2
- fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. See West Virginia Code 29-3E-2
- Person: means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit. See West Virginia Code 29-3E-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) To receive a permit, a municipality, fair association, amusement park, or other organization shall:
(1) Submit an application to the State Fire Marshal;
(2) Pay the required fee not to exceed $50.00;
(3) Furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person or an employee thereof, in the amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public; and
(4) Provide any other information as the State Fire Marshal may require by legislative rule.
(c) The State Fire Marshal shall require the municipality, county, fair association, amusement park and other organizations to give written notice to the local police and fire authorities at least five days prior to the display for which the permit is sought.
(d) A permit is not transferable.
(e) The display shall be operated by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is being held.
(f) The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this article and the rules of the State Fire Marshal except where the licensee is an insured government entity.
(g) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.