(K) Section 3311 Flame Effects Permit
This paragraph shall apply to the following:
(a) Use of flame effects for entertainment, exhibition, demonstration or simulation before an audience;
(b) Design, fabrication, installation, testing, control, operation, and maintenance of equipment, materials, procedures, and systems used to produce flame effects;
(c) Rehearsal, videotaping, audio taping, or filming of any television, radio, or movie production if such production is before an audience and includes the use of flame effects;
(d) Rehearsal of any production incorporating flame effects intended to be presented before an audience;
(e) Storage and holding at a venue where flammable and combustible materials are used to create flame effects;
(a) Flame effects produced solely by pyrotechnic special effects devices;
(b) Use of pyrotechnic special effects;
(c) Storage of flammable solids, liquids, and gases not to be used to create flame effects;
(d) Manufacture, off-site storage, and transportation of materials and equipment used to produce flame effects;
(e) Use of flame effects in fire training, except where there is an audience that is not part of the training;
(f) Manufacture, transportation, storage, sale, or use of model or high-power rocket motors;
(g) Traditional non-theatrical public display of flames such as the following:
(i) Use of lighted candles in restaurants or religious services;
(ii) Fireplace in areas open to the public;
(iii) Restaurant cooking visible to the patrons;
(iv) Listed Group II flame effects.
(h) Use of motor vehicles in races or sanctioned competitive sporting events.
A permit shall be obtained from the local fire code official of the jurisdiction for the use of indoor and outdoor flame effects as set forth in paragraph (K)(1)(3311.1) of this rule at least five days in advance of the production, exhibition, demonstration, or simulation using the flame effects. Failure to obtain a permit prior to five days in advance of the production or non-compliance with the requirements of this rule and NFPA 160 as listed in rule 1301:7-7-47 of the Administrative Code may, in the discretion of the local fire code official, result in denial or revocation of the permit.
Before any flame effects exhibition permit issued under this rule is considered to be a valid permit to allow the licensed flame effects exhibitor to conduct a flame effects exhibition, the permit, upon approval, must be signed and dated by the local fire code official having jurisdiction. As required by the local fire code official to confirm compliance with this paragraph, receipt of the permit and/or any conditions associated thereto, the flame effects exhibitor shall sign and date the permit application, the permit and/or any other required documentation.
When a permit is required by this rule, a local fire code official shall be present during the production, exhibition, demonstration, or simulation using flame effects.
If a permit is required by this rule, the permit shall identify the local fire code official who will be present before, during, and after the flame effects exhibition.
If any portion of the fire protection or life safety systems of a structure are interrupted during the operation of flame effects, a local fire code official must grant a prior approval of and be present during such interruptions.
Any performance adding flame effects different from the performance described in the permittee's plan shall require approval by the local fire code official having jurisdiction.
Before the performance of any production, the permit applicant shall submit a plan for the use of flame effects to the local fire code official. The plan shall be made in writing in such form as is acceptable to the local fire code official and shall demonstrate compliance with this rule and NFPA 160 listed in rule 1301:7-7-47 of the Administrative Code. The plan shall include but is not limited to the following:
(a) The name of the person, group, or organization sponsoring the production;
(b) The date and time of day of the production;
(c) The exact location of the production;
(d) The name of the flame effects exhibitor and proof of valid flame effects exhibitor license issued by the state fire marshal;
(e) The number, names, and ages of all assistants that will be present;
(f) The qualifications and experience of the flame effects exhibitor;
(g) The flame effects classification and design criteria in accordance with NFPA 160 listed in rule 1301:7-7-47 of the Administrative Code;
(h) A diagram of the site indicating the location of all flame effects devices, the areas effected by each device, location of the audience and separation distances, means of egress, and information on all fuels and ventilation for each effect;
(i) A narrative description of the flame effects, controls, and control sequences of all devices, and emergency response procedures;
(j) If applicable, a valid Material Safety Data Sheet (MSDS) for each fuel utilized;
(k) Documentation that the set, scenery, and rigging materials are treated with appropriate flame retardant.
After a permit has been granted, the permittee shall keep the plan available at the site for safety inspectors or other designated agents of each authority having jurisdiction.
The local fire code official may deny or revoke a flame effects exhibition permit for any of the following:
(a) The applicant/exhibitor does not possess a valid flame effects exhibitor's license issued by the state fire marshal.
(b) The site on which the flame effects exhibition is to take place does not conform to the applicable rules.
(c) The applicant has failed to pay the permit fee or provide the required information.
(d) The applicant has failed to provide the required indemnity bond or proof of insurance, if such indemnity bond or proof of insurance is required by the local fire code official at the local fire code official's discretion.
(e) The flames effects exhibitor has failed to postpone a flame effects exhibition when so ordered due to unsafe conditions or operations, unsafe spectator conditions, or any other condition in violation of this rule.
(f) The flames effects exhibitor has failed to store the flame effects in a safe manner prior to or during the flame effects exhibition or is firing the flame effects exhibition in an unsafe manner.
(g) The licensed flames effects exhibitor present at the flame effects exhibition is not the licensed flame effects exhibitor that was designated to be present pursuant to paragraph (K)(2)(3311.2) and (K)(4)(3311.4) of this rule. The local fire code official is authorized to approve a substitution of another licensed flame effects exhibitor under extenuating circumstances prior to the flame effects exhibition provided that the substitute licensed flame effects exhibitor:
(i) Demonstrates to the local fire code official possession of a valid flame effects exhibitor's license;
(ii) Signs the flame effects exhibition permit and thereby accepts the full responsibility and liability for conducting the flame effects exhibition as initially approved;
(iii) If required by the local fire code official, produces proof that general liability insurance or indemnity bond issued by a company licensed to provide such coverage in the state of Ohio, for an amount no less than one million dollars or as otherwise required in a higher amount by the local fire code official, is in force for the applicant and includes acts of all employees;
(iv) Demonstrates to the local fire official that they are authorized by the initial flame effects exhibitor to conduct the flame effects exhibition;
(v) Follows the initially approved conditions of the flame effects exhibition permit;
(vi) Conducts the flame effects exhibition in accordance with the requirements of this rule.
(h) The licensed flame effects exhibitor failed to produce, exhibit, demonstrate, or simulate using flame effects in accordance with this rule or otherwise failed to comply with the requirements set forth in this rule.
Operations shall immediately cease and the flame effects exhibition shall be postponed by the licensed flame effects exhibitor when so ordered by the local fire code official or due to unsafe conditions or operations, unsafe spectator conditions, or any other condition in violation of this rule.
The local fire code official shall order the immediate cessation of the flame effects exhibition due to unsafe conditions or operations, unsafe spectator conditions, or any other condition in violation of this rule. The orders to cease operations, postpone the flame effects exhibition and the revocation of the flame effects exhibition permit may be communicated verbally by the local fire code official. When so ordered or when the flame effects exhibition permit has been revoked, the flame effects exhibitor shall cease the flame effects exhibition immediately. The flame effects exhibitor may reapply for a new permit for the flame effects exhibition when the local fire code official is satisfied that all rules, conditions, and operations are safe or have been complied with.
The maximum quantity of flammable flame effect materials and loaded devices stored in a holding area shall be that quantity used in one day.