means the Chief of the Tacoma Fire Department.
means any fireworks designed primarily to produce visible or audible effects by combustion. The term includes ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, smoke devices, helicopters, aerials, spinners, roman candles, mines, shells, and Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation. The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.
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.
means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of motion picture, radio, television, theatrical, or opera productions.
means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:
(Ord. 27308 § 5, 2005-01-11; Ord. 27794 Ex. A, 2009-04-14)
A.
Permits shall be obtained:
1.
To possess, manufacture, or store fireworks of any kind;
2.
To conduct an outdoor public display of fireworks;
3.
To discharge special fireworks devices;
4.
To transport any fireworks; except that no permit is required for transportation by a public carrier on interstate or state routes when the carrier dies not stop in Tacoma.
5.
To use or discharge fireworks or pyrotechnics inside a structure.
B.
All permits required by this chapter shall be issued by the Tacoma Fire Department. As a condition of any permit, the Chief may specify additional safeguards, as necessary, to provide for the public safety.
C.
No person under 18 years of age may apply for or receive a permit.
D.
The fee for outdoor public display of fireworks shall be $300 per event.
E.
The fee for indoor display of fireworks shall be $300 per event.
F.
The fee for manufacturing, storing, or transportation of fireworks shall be $200 per annum. No additional fee will be charged for transportation which is in conjunction with a public display permit.
(Ord. 27308 § 5, 2005-01-11; Ord. 27794 Ex. A, 2009-04-14)
A.
Every public display of fireworks shall be handled by a competent operator approved by the Chief and be of such character, and so located, discharged, or fired, that, in the opinion of the Chief after proper investigation, it will not constitute a hazard to property or endanger any person.
B.
A state pyrotechnics license is required for operators of public displays of fireworks.
C.
A bond or certificate of insurance from a company or companies approved by the City must be furnished to the Department before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by the public display of fireworks or by any negligence in the presentation of the display on the part of the applicant or its agents, servants, employees, or subcontractors. The certificate of insurance shall evidence a Comprehensive General Liability insurance policy (including explosion and collapse hazards, automobile coverage, and Jones Act coverage where the base of operations is on water) providing $1,000,000 combined single limit for all coverages per occurrence. The policy shall name the City as an additional insured thereunder and stipulate it is primary coverage, regardless of what other insurance the City may carry on its own behalf. The City shall be given not less than 15 days’ advance written notice of any termination or material change to the policy.
D.
Transportation and storage.
2.
As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.
3.
All shells shall be inspected by the display operator upon delivery to the display site. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and not fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions.
4.
All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing time) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flameproof water repellent canvas cover until emptied.
5.
The shell storage area shall be located at least 25 feet from the discharge site.
6.
During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.
E.
Preparation of site and crowd control.
1.
All dry grass, weeds, and other combustible waste matter within 50 feet of the firing site shall be removed.
2.
When the display is fired from a barge, the barge shall be of noncombustible construction or have a noncombustible surface.
3.
The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object.
4.
Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.
5.
The firing and storage site shall be located at least 200 feet from any building.
6.
No boats shall be allowed within 200 feet of the firing or storage site.
7.
The operator shall provide sufficient security personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment, and fireworks have been removed from the site.
8.
Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.
F.
Installation of mortars.
1.
Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.
2.
Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of at least 10 degrees, pointing toward the water.
3.
Mortars shall be either buried securely into the ground to a depth of two-thirds to three-quarters of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.
4.
In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.
5.
Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.
6.
Sandbags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement does not apply to the down-range side of the discharge site.
G.
Operation of the display.
1.
The operator shall provide fire protection at the site as required by the Chief.
2.
Only permitted fireworks are authorized for use.
3.
When the display is fired from a barge or vessel, a security area shall be established around the barge to prevent boats from entering the fallout area. No boats shall be allowed within 200 feet of the firing or storage site. A boat shall be on standby to remove personnel from the barge or water in an emergency. All personnel aboard the barge shall have approved flotation devices. Additional fire extinguishers, rated 2A minimum, shall be on the barge and spaced so that an extinguisher is available within 30 feet at all times.
4.
If, in the opinion of the Chief or the Chief’s authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.
5.
If, at any time, high winds or unusually wet weather conditions present a definite danger, in the opinion of the Chief, the Chief’s authorized representative, or the display operator, the public display shall be postponed until weather conditions allow the safe discharge of fireworks.
6.
Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use.
7.
Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination.
8.
No smoking or open flames are allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.
9.
The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and debris falls into, the planned landing area.
10.
The mortars shall be re-angled or reset, if necessary, at any time during the display.
11.
When a shell fails to ignite in the mortar, the mortar shall not be touched for at least five minutes. After five minutes, it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.
12.
Operators shall not attempt to repair a damaged shell, nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.
13.
Operators shall not dry a wet shell, lance, or pot for reuse.
14.
The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.
15.
When fireworks are displayed in darkness, the sponsor shall ensure that the firing range is inspected early the following morning.
16.
Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the City in a safe manner.
17.
Operators shall properly dispose of all debris from discharged fireworks.
H.
Denial by the Chief of a permit for the public display of fireworks may be appealed to the City Council.
(Ord. 27308 § 5, 2005-01-11)
A.
The manufacture of fireworks within the City is prohibited. Violation of this subsection is a misdemeanor, punishable by 90 days in jail, a $1,000 fine, or both such fine and imprisonment.
C.
1.
Unless specifically designated in this chapter as a gross misdemeanor or misdemeanor, any violation of this chapter is a Class 1 civil infraction and, upon a finding that a violation has been committed, the person committing the act shall be assessed an amount not to exceed $250 plus applicable statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
(Ord. 27308 § 5, 2005-01-11; Ord. 27624 Ex. A, 2007-06-12; Ord. 28767 Ex. A, 2021-06-08)
The Chief shall seize, remove, or cause to be removed, at the expense of the owner, all fireworks offered or exposed for sale, stored, or used in violation of this chapter.
A.
Any person whose fireworks are seized under this chapter may, within ten days after such seizure, petition the Chief in writing to return the fireworks upon the grounds that they were illegally or erroneously seized. Such petitions shall be considered by the Chief within 15 days after filing and an oral hearing granted to the petitioner, if requested. The decision of the Chief shall be provided in writing to the petitioner. The Chief may order the fireworks seized under this chapter, disposed of, or returned to the petitioner if illegally or erroneously seized, if such return is in compliance with state law or this chapter.
B.
The determination of the Chief is final unless, within 60 days, an appeal of the seizure is made to the Hearing Examiner of the City. The decision of the Hearing Examiner shall be final.
C.
If the fireworks are not returned to the petitioner or destroyed, the Chief may sell all confiscated common fireworks and special fireworks which are legal for use and possession under state law and this chapter to wholesalers licensed by the state of Washington. Sales shall be made by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation within the City. The notice of public auction shall be made at least 14 days prior to the date of auction. The proceeds of any sale of seized fireworks under this chapter shall be deposited in a special fund which shall be used for the sole purpose of educating the public on firework safety.
D.
Fireworks which are illegal for use and possession in this state shall be turned over to the State Fire Marshal for destruction.
(Ord. 27308 § 5, 2005-01-11)