Chapter 8.04   FIREWORKS

Sections:


8.04.010   Definitions.

Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

A.

"Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and classified as common or special fireworks.

B.

"Special fireworks" includes any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers and fireworks not classified as common fireworks.

C.

"Common fireworks" means any fireworks designed primarily to produce visible or audible effects by combustion.

1.

The term includes:

a.

Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;

b.

Smoke devices;

c.

Fireworks commonly known as helicopters, aerials, spinners, Roman candles, mines, and shells;

d.

Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation.

2.

The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.

D.

"Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior.

E.

"Public display of fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

F.

"Fire nuisance" means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinguishment of fire.

G.

"License" means a nontransferable formal authorization which the State Fire Marshal is permitted to issue under RCW Chapter 70.77 to engage in the acts specifically designated therein.

H.

"Permit" means the official permission granted by the city for the purpose of doing any act which is regulated by this chapter.

I.

"Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

J.

"Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks.

K.

"Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees.

L.

"Retailer" includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.

M.

"Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of fireworks.

N.

"Fire chief" means the chief administrative officer of the fire department of the city or his designee who shall be the local fire official for purposes of RCW Chapter 70.77.

(Ord. 294 § 1, 1984)

8.04.020   Acts prohibited without a permit.

No person shall do any of the following acts in the city without having first obtained and having in full force and effect a valid permit issued by the city to do so:

A.

Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use, provided, however, no permit is required for the possession or use of common fireworks lawfully purchased at retail;

B.

Discharge special fireworks at any place;

C.

Make a public display of fireworks; or

D.

Transport fireworks, except as a public carrier delivering to a permittee.

(Ord. 294 § 2, 1984)

8.04.030   Application for permit.

A.

Any person desiring to do any act set forth in Section 8.04.020 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.

The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:

1.

The true name, address and telephone number of the applicant;

2.

A statement by the applicant that he or she is over the age of eighteen years of age;

3.

A statement as to whether the applicant possesses a license issued by the State Fire Marshal to do the act for which the permit is sought, and the current status of the license;

4.

The proposed location at which the applicant intends to perform the act for which the permit is sought; and

5.

Such other information as the fire chief may require in order to make the investigation and report required by Section 8.04.040.

B.

All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee in the amount set forth in the city's consolidated list of fees, as authorized in Section 2.62.010. The city council finds that said charge is necessary to cover the legitimate administrative costs for permit processing and inspection.

C.

All applicants for a permit to sell fireworks from a temporary stand shall post with the city a performance bond or cash deposit in an amount of no less than fifty dollars, conditioned upon the prompt removal of the temporary stand, which deposit shall be returned to the applicant only in the event he removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the city. In the event of his failure to do so, the performance bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by the thirteenth day of July of each year.

D.

All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy in the amounts required by Chapter 70.77 RCW, as amended. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days' written notice to the city. The policy and certificate shall be in a form approved by the city attorney.

E.

Applications for public displays of fireworks shall be made in writing at least ten days in advance of the proposed display.

(Ord. 743 § 1, 2003; Ord. 550 § 1, 1995; Ord. 294 § 3, 1984)

8.04.040   Investigation, report on permit application.

It shall be the duty of the fire chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person.

(Ord. 294 § 4, 1984)

8.04.050   Fire chief may grant or deny permit—Conditions.

The fire chief shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe.

(Ord. 294 § 5, 1984)

8.04.060   License required prior to issuance of permit.

No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to RCW Chapter 70.77, to do the particular act or acts for which the permit is sought.

(Ord. 294 § 6, 1984)

8.04.070   Public display permit—Granted for exclusive purpose—Nontransferable.

If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable.

(Ord. 294 § 7, 1984)

8.04.080   Supervision of public displays.

Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief.

(Ord. 294 § 8, 1984)

8.04.090   Permit authorizes activities of salesmen, employees.

The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person.

(Ord. 294 § 9, 1984)

8.04.100   Dates and times common fireworks may be sold or discharged.

A.

No common fireworks shall be sold within the city except from twelve noon on the twenty-eighth day of June to eleven fifty-nine p.m. on the fourth day of July.

B.

No common fireworks shall be discharged within the city except between the hours of nine a.m. and twelve midnight on the fourth day of July of each year.

(Ord. 697 § 1, 2000: Ord. 294 § 10, 1984)

8.04.110   Sales of common fireworks.

No person shall sell common fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued.

(Ord. 294 § 11, 1984)

8.04.120   All sales to be from temporary stands.

All sales of common fireworks shall be from temporary stands, which shall not be erected prior to the eighteenth day of June of any year and which shall be removed or torn down not later than the sixteenth day of July of the same year.

(Ord. 294 § 12, 1984)

8.04.130   Standards for fireworks stands.

The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions:

A.

Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons.

B.

No fireworks stand shall be located within fifty feet of any other building or structure, nor within one quarter of one mile of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.

C.

Each fireworks stand must have at least two exits which shall be unobstructed at all times.

D.

Each fireworks stand shall have, in a readily accessible place, at least two full buckets of water and/or a fire extinguisher duly approved in advance by the fire chief.

E.

All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty feet, measured from the exterior walls on each side of the fireworks stand.

F.

No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper "No Smoking" signs.

G.

Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the fire chief.

H.

No fireworks stand shall be located within a radius of one quarter mile from any other stand.

I.

Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises.

J.

Each fireworks stand shall post prominently a list of fireworks that may be sold to the public.

(Ord. 294 § 13, 1984)

8.04.140   Fire nuisance where fireworks kept prohibited.

No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises.

(Ord. 294 § 14, 1984)

8.04.150   Approved storage facilities required.

It is unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in his permit except in such places of storage as the fire chief shall approve. Unsold stocks of fireworks remaining after the authorized retail sales period from twelve noon on June 28th to twelve noon on July 6th shall be returned on or before July 31st of the same year to the approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by the fire chief or to a place approved by the State Fire Chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the fire chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe.

(Ord. 294 § 15, 1984)

8.04.160   Unlawful possession.

The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited.

(Ord. 294 § 16, 1984)

8.04.170   Sales or transfers of special fireworks.

No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this chapter.

(Ord. 294 § 17, 1984)

8.04.180   Manufacture or sale of fireworks for out-of-state shipment.

This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter from manufacturing or selling any kind of fireworks for direct shipment out of this state.

(Ord. 294 § 18, 1984)

8.04.190   Special effects for entertainment media.

This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use such fireworks.

(Ord. 294 § 19, 1984)

8.04.200   Nonprohibited acts—Signal purposes, forest protection.

This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.

(Ord. 294 § 20, 1984)

8.04.210   Revocation or suspension of permit.

A.

Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

1.

Violated any of the provisions of this chapter by the person holding such permit or any of his servants, agents or employees;

2.

Made any false statement or misrepresentation of fact in connection with obtaining the permit; or

3.

Failed to obtain or has had any license required by the state to engage in any act prohibited by RCW Chapter 70.77 or this chapter to be done without a license, suspended or revoked; or

4.

Has had any insurance coverage required by this chapter cancelled, revoked or lapsed.

B.

Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee.

C.

Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the King County Superior Court by filing such appeal within ten days of the date of the final decision of the fire chief. This shall be the exclusive remedy of any permittee under this chapter.

(Ord. 294 § 21, 1984)

8.04.220   Reckless discharge or use prohibited.

It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another.

(Ord. 294 § 22, 1984)

8.04.230   Penalties for violation.

Any person violating any of the provisions of this chapter shall, upon a finding that such violation was committed, be punished by a monetary penalty in a sum not exceeding five hundred dollars or imprisonment not to exceed one hundred eighty days or by both such fine and imprisonment.

(Ord. 294 § 23, 1984)

8.04.240   Violation a separate, continuing offense.

A person commits a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter.

(Ord. 294 § 24, 1984)