North Carolina § 14-413 - Permits for use at public exhibitions.

§ 14-413. Permits for use at public exhibitions.

For the purpose of enforcing the provisions of this Article, the board of county commissioners of any county, or the governing board of a city authorized pursuant to subsection (a1) of this section, may issue permits for use in connection with the conduct of concerts or public exhibitions, such as fairs, carnivals, shows of all descriptions and public celebrations, but only after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the aforementioned purposes and none other. Provided that no such permit shall be required for a public exhibition under any of the following circumstances: The exhibition is authorized by The University of North Carolina or the University of North Carolina at Chapel Hill and conducted on lands or in buildings in Orange County owned by The University of North Carolina or the University of North Carolina at Chapel Hill. The exhibition is authorized by the University of North Carolina School of the Arts and conducted on lands or in buildings owned by the State and used by the University of North Carolina School of the Arts. The exhibition is authorized by The University of North Carolina or North Carolina State University and conducted on lands or in buildings in Wake County owned by The University of North Carolina or North Carolina State University. For the purpose of enforcing the provisions of this Article, a board of county commissioners may authorize the governing body of any city in the county to issue permits pursuant to the provisions of this Article for pyrotechnics to be exhibited, used, or discharged within the corporate limits of the city for use in connection with the conduct of concerts or public exhibitions. The board of county commissioners shall adopt a resolution granting the authority to the city, and it shall remain in effect until withdrawn by the board of county commissioners adopting a subsequent resolution withdrawing the authority. If a city lies in more than one county, the board of county commissioners of each county in which the city lies must adopt an authorizing resolution. If any county in which the city lies withdraws the authority of the city to issue permits for the use of pyrotechnics, the authority of the city to issue permits for the use of pyrotechnics will end, and all counties within which the city lies must resume their authority to issue the permits. For any indoor use of pyrotechnics at a concert or public exhibition, the board of commissioners or the governing body of an authorized city may not issue any permit unless the local fire marshal or the State Fire Marshal (or in the case of The University of North Carolina, the University of North Carolina at Chapel Hill, or North Carolina State University it may not authorize such concert or public exhibition unless the State Fire Marshal) has certified that: Adequate fire suppression will be used at the site. The structure is safe for the use of such pyrotechnics with the type of fire suppression to be used. Adequate egress from the building is available based on the size of the expected crowd. The requirements of subsection (b) of this section also apply to any city authorized to grant pyrotechnic permits by local act and to the officer delegated the power to grant such permits by local act. A board of county commissioners or the governing board of a city shall not issue a permit under this section unless the display operator provides proof of insurance in the amount of at least five hundred thousand dollars ($500,000) or the minimum amount required under the North Carolina State Building Code pursuant to G.S. 143-138(e), whichever is greater. A board of county commissioners or the governing board of a city may require proof of insurance that exceeds these minimum requirements. History (1947, c. 210, s. 4; 1993 (Reg. Sess., 1994), c. 660, s. 3.1; 1995, c. 509, s. 11; 2003-298, s. 1; 2007-38, s. 2; 2009-507, s. 2; 2013-275, s. 2; 2015-124, s. 2.) Local Modification. - Catawba, except Town of Longview: 1983, c. 116 (Repealed May 2008 by 2007-38, s. 3); Edgecombe: 1991 (Reg. Sess., 1992), c. 771, s. 1 (Repealed May 2008 by 2007-38, s. 3); Forsyth: 1983, c. 21 (Repealed May 2008 by 2007-38, s. 3); Mecklenburg: 1981, c. 117, s. 2; Moore: 2009-75, s. 4; Nash: 1991 (Reg. Sess., 1992), c. 771, s. 1 (Repealed May 2008 by 2007-38, s. 3); New Hanover: 1989, c. 178, s. 1; Union: 1983, c. 116 (Repealed May 2008 by 2007-38, s. 3); city of Charlotte: 1981, c. 88. Editor's Note. - Subsections (b) and (c) were enacted as (b1) and (b2), respectively, and were redesignated at the direction of the Revisor of Statutes. Session Laws 2007-38, s. 3, provides: "Any local act granting authority to a city to grant permission or a permit for pyrotechnics to be exhibited, used or discharged at concerts or public exhibitions pursuant to G.S. 14-410 or G.S. 14-413 is repealed one year from the effective date of this act." The local modifications for Catawba and Union (from 1983 Sess. Laws, c. 21, as amended by 1983 Sess. Laws, c. 116), Durham (from 1963 Sess. Laws, c. 745), Edgecombe and Nash (from 1991 Sess. Laws, c. 771), and Forsyth (from 1983 Sess. Laws, c. 21) have been deleted as a result. Effect of Amendments. - Session Laws 2007-38, s. 2, effective May 11, 2007, inserted "or the governing board of a city authorized pursuant to subsection (a1) of this section" and substituted "celebrations" for "exhibitions" in the first sentence in subsection (a); added subsection (a1); and inserted "or the governing body of an authorized city" in subsection (b). Session Laws 2009-507, s. 2, effective February 1, 2010, and applicable to offenses committed on or after that date, added subsection (d). Session Laws 2013-275, s. 2, effective July 18, 2013, in subsection (a), inserted "under any of the following circumstances" at the end; in subdivision (a)(1), added "(1) The exhibition" at the beginning and inserted "in" preceding "buildings"; and added subdivision (a)(2). Session Laws 2015-124, s. 2, effective June 29, 2015, added subdivision (a)(3); and in the introductory language of subsection (b), inserted "or North Carolina State University" and made related changes.