The ordinance codified in this chapter and the provisions herein, shall be known as the city fireworks code and may be cited as such.
(Ord. 583 § 17, 1983)
It is the intent of this chapter to provide a procedure for the local granting of permits for the possession, sale and discharge of the fireworks as classified by the State Fireworks Law and in rules of the State Fire Marshal relating to fireworks, and to prohibit the possession, sale or use of any fireworks other than fireworks classified as common fireworks or as trick and novelty devices by said law and rules, and to implement Chapter 70.77 RCW and the rules of the State Fire Marshal relating to fireworks. This chapter of the municipal code shall be construed in connection with Chapter 70.77 RCW, the State Fireworks Law, and the rules of the State Fire Marshal relating to fireworks. Violation within the city of any provision of the State Fireworks Law or the rules of the State Fire Marshal relating to fireworks shall constitute a violation of this chapter of the municipal code and shall be punishable under NBMC § 8.20.120.
A. "Common fireworks"
means any small fireworks device, such as ground and hand-held sparkling devices and/or smoke devices designed primarily for retail sale to the public during prescribed dates to produce visible and audible effects by combustion and/or small detonating charge and which must comply with federal regulations pursuant to the rules of the State Fire Marshal relating to fireworks, and are classified as Class C explosives by the U.S. Department of Transportation.
B. "Trick and novelty devices"
means any small firework device not classified as common or special fireworks by the U.S. Department of Transportation or in the rules of the State Fire Marshal relating to fireworks, and as defined in the rules of the State Fire Marshal, and which includes but is not limited to certain snakes, poppers, trick matches, cigarette loads, and auto burglar alarms.
(Ord. 491 § 1, 1979; Ord. 583 § 1, 1983; Ord. 1790 § 1, 2022)
Chapter 212-17 of the Washington Administrative Code, and Chapter 70.77 of the Revised Code of Washington, most recently amended by Chapter 230, Laws of 1982 (SHB No. 1149 of the State of Washington, 47th Legislature, 1982 regular session), one copy of each of which has been and is now filed at the office of the city clerk, are adopted and incorporated in this chapter by reference as though fully set forth, except for RCW 70.77.540.
(Ord. 491 § 2, 1979; Ord. 583 § 2, 1983)
It is unlawful for any person, firm, copartnership or corporation to engage in the retail sale of fireworks within the city without first having obtained a permit therefor from the city clerk. The annual fee to be charged for the issuance of any such retail permit shall be as established by the taxes, rates and fees schedule adopted by ordinance, which fee shall cover but one retail sales outlet.
(Ord. 491 § 3, 1979; Ord. 583 § 3, 1983; Ord. 1237 § 6 (part), 2005)
A.
Only common fireworks are legal for sale to the public.
B.
It is unlawful to sell fireworks to any persons under the age of 16 years. The seller shall require proof of age by means of display of a Washington State driver's license or photo identification card issued by the Washington State Department of Licensing. No other forms of identification shall be accepted.
C.
The sale of any fireworks prior to 12:00 noon on June 28th or after 11:00 p.m. on July 4th of each year is prohibited, except where otherwise provided in this chapter.
D.
The possession, use or discharge of any fireworks are prohibited at all times, except between 9:00 a.m. and 12:00 midnight on July 4th each year, except where otherwise provided in this chapter.
(Ord. 491 § 4, 1979; Ord. 583 § 4, 1983; Ord. 893 § 1, 1992; Ord. 894 § 1, 1992; Ord. 923 § 1, 1993)
City retail sale fireworks permits shall be issued only to such applicants who meet the following qualifications, proof of which may be required:
A.
Corporations or associations, organized and existing primarily for veteran, patriotic, religious, charitable or civic benefit purposes; and
B.
Which corporations or associations have their principal meeting place within the city and which have been organized and established in the city for a period of at least one year prior to the date application is made for a license under this chapter.
(Ord. 491 § 5, 1979; Ord. 583 § 5, 1983)
A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet. All permits issued pursuant to this chapter shall be used only by the designated permittee and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter.
(Ord. 491 § 6, 1979; Ord. 583 § 6, 1983)
Permits for the sale of common fireworks shall be obtained as follows:
A.
All applications for the sale of common fireworks within the city shall be made to the chief of the fire department, and shall be made on or prior to April 1st of each year. Applicants for each such permit shall be notified by the city clerk of the granting or rejection of their application for a permit on or before May 1st of each calendar year.
B.
The application shall set forth proposed location and design of the temporary fireworks stand from which such sales will be made.
C.
The application shall be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city clerk a nonassessable policy or nonassessable policies of public liability and property damage insurance in a company or companies approved by the city, and for the duration of the license, in the following amounts: $500,000 or more for injuries to any one person in any one accident or occurrence; $1,000,000 or more for injuries to two or more persons in any one accident or occurrence; and $500,000 for damage to property in any one accident or occurrence. No permit shall be issued unless such policy or policies of insurance are so delivered and approved.
(Ord. 491 § 7, 1979; Ord. 583 § 7, 1983)
After receiving the report and recommendations of the chief of the fire department, the city administrator shall grant or deny any applications in accordance with the standards set forth in this chapter, the State Fireworks Law, and Rules of the State Fire Marshal Relating to Fireworks.
(Ord. 491 § 8, 1979; Ord. 583 § 8, 1983; Ord. 764 § 1, 1988)
No one organization or person may receive more than one permit for retail fireworks sales during any one calendar year, and the maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall not exceed three. In the event that more applicants are found to be qualified than the allowed number of three permittees, the permits shall be issued upon a first-come, first-served basis, according to the date and time of filing of applications.
(Ord. 491 § 9, 1979; Ord. 583 § 9, 1983)
All retail sales of common fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited.
(Ord. 491 § 10 (part), 1979; Ord. 583 § 10, 1983)
Temporary stands for the retail sale of common fireworks shall be subject to the following provisions.
A.
No fireworks stand shall be located within 50 feet of any other building, nor within 100 feet of any gasoline station.
B.
Fireworks stands need not comply with the provisions of the building code of the city, but they may be located only in the areas of the city that are zoned CG or BC pursuant to city ordinance; and, all stands shall be erected under the supervision of the fire chief, who shall require that those stands be constructed in a manner which shall tend to assure the safety of attendants and patrons and shall be wired for electricity only according to the ordinances of the city and state law.
C.
Each stand must have at least two exits.
D.
No fireworks stand shall be located closer than 600 feet to another fireworks stand.
E.
All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 20 feet surrounding the stand.
F.
"No smoking" signs shall be posted prominently on the fireworks stand and shall be observed and shall be enforced by the permittee and its employees. Each sign shall have the words "No Smoking, by Order of the State Fire Marshal" in red letters not less than two inches in height on a white background. Smoking and the discharge of fireworks shall be prohibited within 25 feet of any building in which fireworks are sold at retail.
G.
No open flame, either for the purpose of lighting or otherwise, shall be permitted within a fireworks stand or within 50 feet thereof.
H.
Each temporary fireworks stand shall have adjoining off-street parking facilities sufficient for the parking of 15 automobiles.
I.
Each temporary fireworks stand shall have present, in a readily accessible place, a serviceable fire extinguisher approved in advance by the fire chief or his duly authorized representative, and a bucket containing at least two gallons of water.
J.
Each temporary fireworks stand shall have an adult age 18 years or older in attendance at all times, 24 hours a day, while any fireworks are located therein. No child or children under the age of 18 shall be allowed inside any temporary fireworks stand.
K.
All unsold stock, the temporary fireworks stand, and accompanying litter shall be removed from the location by 12:00 noon on that sixth day of July terminating the authorized period. At the time the permit is issued, the permittee must post with the city a performance bond or cash deposit in an amount as established by the taxes, rates and fees schedule adopted by ordinance conditioned on the performance of the requirements of this subsection; if the provisions of this subsection are performed by the required time, the deposit, if any, shall be returned to the permittee. In the event of the failure so to perform, the bond or cash deposit shall be forfeited to the city, and the only evidence required to accomplish such forfeiture will be the affidavit of a city officer or employee stating the circumstances.
(Ord. 491 § 10 (part), 1979; Ord. 583 § 11, 1983; Ord. 1237 § 6 (part), 2005)
Any person, firm, co-partnership or corporation violating any of the provisions of this chapter shall each be guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to NBMC § 1.20.160. Any person convicted under this chapter who has a permit under this chapter shall have that permit revoked, and any person convicted under this chapter shall not be eligible for a retail fireworks sales permit under provisions of this chapter for a period of five years. A person or entity is guilty of a separate offense for each day during which he commits or continues a violation of any provision of this chapter.
(Ord. 491 § 11, 1979; Ord. 583 § 12, 1983; Ord. 1585 § 6, 2016)
Before a city permit to sell fireworks or conduct a public display of fireworks shall be issued, the applicant for such permit shall file with the city clerk of the city a copy of the license issued to such applicant by the state in accordance with Chapter 70.77 RCW.
(Ord. 583 § 13, 1983)
The chief of the fire department is authorized to adopt reasonable rules, if and as needed, for the issuance or denial of permits for the public display of special fireworks and for other matters as contemplated in Section 78.102 of the city fire code (International Fire Code).
(Ord. 583 § 14, 1983)
The provisions of this chapter shall not apply to "toy caps" containing not more than twenty-five-hundredths grains of explosive compound for each cap. Also, nothing herein contained shall be deemed to prohibit the use of any explosive or flammable compound, blasting caps and similar items when properly used for industrial purposes, or to any blank cartridges for use by persons for bona fide ceremonial services or sports events. This chapter shall not be construed so as to prohibit the use of torpedoes, flares or fusees by motor vehicle operators, or by railroads or other transportation agencies for signal purposes, or the assembling, use and display of fireworks of whatever nature by any person engaged in theatrical production when such use or display are a necessary part of the production and such person possesses any requisite state permit to do so, or selling dangerous fireworks to persons having a license and a permit for public displays of fireworks.
(Ord. 583 § 15, 1983)
The definition of the word and term "Fireworks," as used in Article 9 of the International Fire Code which appears in Section 9.108, subsection "Fireworks," does not apply to the enforcement of this chapter.
(Ord. 583 § 16, 1983)