Approvals Needed for Rhythm and Booms

Are the Alders left almost entirely out of that process?

This information was requested for the Committee on the Environment.

From: Viste, Doran
Sent: Wednesday, September 25, 2013 3:46 PM
To: Ellingson, Susan
Cc: May, Michael; Briski, Kevin; Crawley, Katie
Subject: RE: Process for Rhythm & Booms?

Ald. Ellingson,

As I see it, based upon my understanding of the proposed event, there will be various approvals required from the City:

• Budgetary approval may be necessary, depending on how this event is accounted for in the proposed budget (that is something that I just do not know).
• A firework permit will be needed from the Fire Department (this is under our fire code through the provisions of 34.5608 and 34.105(14)(b)). But this permit is administrative only and focuses solely on compliance with fire code provisions and maintenance of minimum insurance levels. It does not address noise issues, or provide for any neighborhood or council input.
• A street use permit will be needed to shut down/occupy John Nolen (and other nearby streets) for the event.
• A sound amplification permit will likely be needed for the live bands.
• Vending permits will be needed, both for any park vendors or street vendors.
• Other parks permits may be required to the extent that the existing park lands are used as part of the event.
• Finally, they will need the Board of Parks Commissioners approval to shut down the Olin Park boat launch for 3-4 weeks to use as a base of their operations in setting up and taking down the barges and fireworks.

As for an agreement with the City, for sure we will need one with Madison Festivals regarding the boat launch use given the duration of the use and the liability issues in play. That agreement will need council approval—unless it is somehow able to be fit under existing park permit processes. I could also see another possible agreement regulating the event and City reimbursement—but usually that is handled as part of the street occupancy permit process (Madison Festivals obviously has experience with such agreements through Taste of Madison and the Madison Marathon). Hence, that sort of formal council approved agreement may not be necessary.

A question that I keep getting asked (I too was quoted in that article—even though she never told me I would be), is who actually needs to “approve” the show. The answer as far as I know is no one. We have our firework display permit under 34.105(14)(b), but that approval, as noted above, is administrative and only ensures that the contractor is in compliance with the fire code and minimum insurance requirements. The Department of Safety and Professional Services, through Wis. Admin Code Ch SPS 307 does not have any firework permit process—they only regulate manufacturers of fireworks. In addition, WDNR (since this is going to be on the lake), has no permit process for such an event (Madison Festivals is in contact with WDNR about this just to make sure). Also, while Dane County provides law enforcement services to the lake surface, there are no County ordinances regarding firework shows (and even if they were, they likely wouldn’t apply in the City’s borders, where this event will be taking place). Hence, any control exercised by the City (i.e., the time of the event, the date of the event, the size and scope of the event) would have to be through the various permits and approvals set forth above. Finally, I am not aware of any federal clean water act regulations relating to the discharge of firework materials over navigable waters.

Let me know if you have any other questions.

Doran Viste

Alder Ellingson send this summary to the Committee on the Environment:

CoE members–

More info on the permissions required for Rhythm & Booms is below.

By state statute, the Parks Commission makes final decisions on what happens in the parks. However, all contracts, even those related to parks, must be approved by the Common Council.

– Fireworks, sound, and vending permits are granted administratively.
– Street use permits are granted by the Street Use Staff Commission.
– Budget approvals (which may or may not be needed) are granted by the Common Council.

Sue

I had thought for the DNR progress the council had to agree to close navigable waterways – they do that now for Rhythm and Boooms at Warner Park and it has been required around Law Park for events in the past. But I suppose it depends upon how they do that. I wonder if this will prompt the council to change the process, or they will just accept that they have little to no control over this matter?