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§ 14-413. Permits for use at public exhibitions. <br />(a) For the purpose of enforcing the provisions of this Article, the board of county <br />commissioners of any county, or the governing board of a city authorized pursuant to <br />subsection (al) of this section, may issue permits for use in connection with the conduct of <br />concerts or public exhibitions, such as fairs, carnivals, shows of all descriptions and public <br />celebrations, but only after satisfactory evidence is produced to the effect that said pyrotechnics <br />will be used for the aforementioned purposes and none other. Provided that no such permit <br />shall be required for a public exhibition under any of the following circumstances: <br />(1) The exhibition is authorized by The University of North Carolina or the <br />University of North Carolina at Chapel Hill and conducted on lands or in <br />buildings in Orange County owned by The University of North Carolina or <br />the University of North Carolina at Chapel Hill. <br />(2) The exhibition is authorized by the University of North Carolina School of <br />the Arts and conducted on lands or in buildings owned by the State and used <br />by the University of North Carolina School of the Arts. <br />(3) The exhibition is authorized by The University of North Carolina or North <br />Carolina State University and conducted on lands or in buildings in Wake <br />County owned by The University of North Carolina or North Carolina State <br />University. <br />(al) For the purpose of enforcing the provisions of this Article, a board of county <br />commissioners may authorize the governing body of any city in the county to issue permits <br />pursuant to the provisions of this Article for pyrotechnics to be exhibited, used, or discharged <br />within the corporate limits of the city for use in connection with the conduct of concerts or <br />public exhibitions. The board of county commissioners shall adopt a resolution granting the <br />authority to the city, and it shall remain in effect until withdrawn by the board of county <br />commissioners adopting a subsequent resolution withdrawing the authority. If a city lies in <br />more than one county, the board of county commissioners of each county in which the city lies <br />must adopt an authorizing resolution. If any county in which the city lies withdraws the <br />authority of the city to issue permits for the use of pyrotechnics, the authority of the city to <br />issue permits for the use of pyrotechnics will end, and all counties within which the city lies <br />must resume their authority to issue the permits. <br />(b) For any indoor use of pyrotechnics at a concert or public exhibition, the board of <br />commissioners or the governing body of an authorized city may not issue any permit unless the <br />local fire marshal or the State Fire Marshal (or in the case of The University of North Carolina, <br />the University of North Carolina at Chapel Hill, or North Carolina State University it may not <br />authorize such concert or public exhibition unless the State Fire Marshal) has certified that: <br />(1) Adequate fire suppression will be used at the site. <br />(2) The structure is safe for the use of such pyrotechnics with the type of fire <br />suppression to be used. <br />(3) Adequate egress from the building is available based on the size of the <br />expected crowd. <br />(c) The requirements of subsection (b) of this section also apply to any city authorized <br />to grant pyrotechnic permits by local act and to the officer delegated the power to grant such <br />permits by local act. <br />(d) A board of county commissioners or the governing board of a city shall not issue a <br />permit under this section unless the display operator provides proof of insurance in the amount <br />of at least five hundred thousand dollars ($500,000) or the minimum amount required under the <br />North Carolina State Building Code pursuant to G.S. 143-138(e), whichever is greater. A board <br />of county commissioners or the governing board of a city may require proof of insurance that <br />exceeds these minimum requirements. (1947, c. 210, s. 4; 1993 (Reg. Sess., 1994), c. 660, s. <br />G.S. 14-413 Page 1 <br />