Idaho State Statutes - Idaho Attorney Directory

Retail sales of nonaerial common
fireworks shall be allowed only from within a temporary fireworks stand unless
the authority having jurisdiction finds appropriate circumstances justifying
reasonable variance from strict compliance with this section. An existing
permanent building which was used for the retail sale of fireworks in 1996 may
continue to be used for that purpose if the building meets or exceeds the
standards for temporary buildings established by this section and is operated,
insofar as it is applicable, as provided by this section. Temporary fireworks
stands shall be subject to the following provisions:
(1) A stand shall not be located within twenty-five (25) feet of any
building or within one hundred (100) feet of the nearest fuel dispensing
device.
(2) A stand shall meet the minimum structural stability requirements for
temporary buildings as required by applicable local building codes. If no
local building codes have been adopted, applicable state codes may be used.
(3) A stand shall meet the minimum requirements for temporary buildings
for all lighting circuits or other electrical equipment used in conjunction
with the operation of the stand as required by applicable local building codes
or, if no local building codes have been adopted, by applicable state codes.
(4) A stand shall have two (2) exits, each a minimum of thirty (30)
inches wide at each end of the stand or as near the ends as is practical in a
mobile home conversion. One (1) additional door is required for each
thirty-two (32) feet of rear wall in excess of thirty-two (32) feet. All doors
shall open outward from the stand and shall be kept unlocked and unlatched
during the hours of operation and free and clear of supplies and materials at
all times.
(5) A stand shall have at least two (2) fire extinguishers with a 2A
minimum rating, in good working order, with a current inspection tag in place,
placed near the exits in a visible and readily accessible manner.
(6) "No smoking within 25 feet" signs shall be prominently displayed on
all four (4) sides of the stand. Smoking shall not be permitted inside the
stand.
(7) A stand shall not be erected before May 5 nor remain up after July 20
for the first sales period; nor shall it be erected before December 7 or
remain up after January 16 for the second sales period. The premises on which
the stand is erected shall be cleared of all structures and debris no later
than July 20 or January 16, respectively.
(8) The fireworks stand operator shall not permit the discharge of
fireworks within twenty-five (25) feet of the stand.
(9) The stand operator shall not allow any rubbish to accumulate in or
around the stand causing a fire nuisance.
(10) Only noncombustible waste containers shall be permitted within the
stand.
(11) Fireworks shall not be left in the stand when it is not open for
business unless the stand is locked or secured. If fireworks are not stored in
the stand they shall be stored in compliance with section 39-2608, Idaho Code.
(12) Notice as provided by the authority having jurisdiction cautioning
each person purchasing fireworks of the prohibitions, liabilities and
penalties incorporated in this chapter shall be posted at all retail
locations.
(13) The authority having jurisdiction may charge a one (1) time
inspection fee of twenty-five dollars ($25.00) for inspection of a temporary
fireworks stand.

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