Chapter 8.20
FIREWORKS*
Sections:
8.20.010 Adoption by reference and purpose.
8.20.030 Fireworks unlawful—Permit required.
8.20.040 Consumer fireworks—When discharge permitted.
8.20.050 Permit application requirements.
8.20.070 Consumer fireworks—When sale permitted.
8.20.080 Retail sale of consumer fireworks.
8.20.090 Retail sale of consumer fireworks—Signage.
8.20.110 Approved storage facilities required.
8.20.120 Consumer fireworks—Where discharge prohibited.
8.20.130 Public display of fireworks—Additional provisions.
8.20.140 Permit coverage—Transfer of permit prohibited.
8.20.150 Revocation of permit.
8.20.160 Fireworks—Emergencies—Restrictions on sale and use.
8.20.170 Special effects for entertainment productions.
8.20.180 Excluded from this chapter.
*Prior history: Res. CE 92-090 and Ord. 87-1.
8.20.010 Adoption by reference and purpose.
Chapter 70.77 RCW and Chapter 212-17 WAC, hereafter referred to as the State Fireworks Law, as they now exist or may be hereafter amended, are adopted by this reference. The purpose of this chapter is to implement and supplement the State Fireworks Law. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of the State Fireworks Law and all rules and regulations issued pursuant to the State Fireworks Law. (Ord. CE 10-03-78B Exh. A (part): Ord. CE 04-01-63B Exh. A (part))
8.20.020 Local fire official.
The Douglas County fire marshal is designated as the local fire official for Douglas County pursuant to the State Fireworks Law. (Ord. CE 10-03-78B Exh. A (part): Ord. CE 04-01-63B Exh. A (part))
8.20.030 Fireworks unlawful—Permit required.
Unless permitted pursuant to this chapter, it is unlawful for any person, firm or corporation within unincorporated areas of Douglas County to manufacture, import, possess or sell fireworks at wholesale or retail for any use, to discharge fireworks at any place, to make a public display of fireworks or to transport fireworks by means other than common carrier. “Possess” shall mean to have control of fireworks within the county and includes both actual possession and constructive possession. “Actual possession” occurs when the person with control has physical possession. “Constructive possession” occurs when the person with control does not have physical possession. (Ord. CE 16-01-29B Exh. A (part): Ord. CE 10-03-78B Exh. A (part): Ord. CE 04-01-63B Exh. A (part))
8.20.040 Consumer fireworks—When discharge permitted.
No person shall discharge or otherwise use any consumer fireworks within the unincorporated areas of Douglas County, except between the hours of six p.m. on December 31st and one a.m. on January 1st. (Ord. CE 16‑01‑29B Exh. A (part): Ord. CE 10-03-78B Exh. A (part): Ord. CE 04-01-63B Exh. A (part))
8.20.050 Permit application requirements.
A. The applicant shall have a valid license issued by the state of Washington authorizing the holder to engage in the fireworks activities sought in the permit application.
B. Permit applications shall be submitted in such form and containing such detail as is reasonably required by the fire marshal. Such applications shall, at a minimum, include the applicable permit application fees, clean-up deposit, state license(s), site drawings depicting permanent and temporary structures and other material features on the site, insurance certificate(s), storage sites and arrangements, and the name, address and telephone number of each applicant and any other responsible party.
C. In addition to the other requirements of the State Fireworks Law, the applicant shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a company or companies approved by the fire marshal in the minimum amount of one million dollars, single limit. Douglas County, Douglas County Fire District No. 2 and any other fire protection district providing fire protection shall be named as additional named insureds on such policy. Certificates of coverage shall be filed with the fire marshal.
D. The applicant shall post a five hundred dollar cash deposit with each permit application conditioned upon the prompt removal of all temporary structures and the cleaning of all debris from the site. If the applicant removes all temporary structures and cleans up all debris within two days after the end of the permitted fireworks activities, the applicant shall be entitled to the return of the deposit. If the stand is not removed and debris is not cleaned prior to that time, the five hundred dollar deposit shall be forfeited and placed in the Douglas County general fund.
E. A fully complete application for the retail sale of consumer fireworks shall be filed with the fire marshal no later than last official business day of May in the calendar year for which the applicant is seeking a permit.
F. A fully complete application for a public display of fireworks shall be filed with the fire marshal in conformance with Chapter 70.77 RCW and Chapter 212-17 WAC as they now exist or may be hereafter amended. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.060 Permit fees.
The permit application fee for each application filed with the fire marshal shall be established by resolution of the board of commissioners, shall be paid at the time the permit application is filed, and is non-refundable. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.070 Consumer fireworks—When sale permitted.
No consumer fireworks shall be sold or offered for sale at retail, except between the hours of twelve noon and ten p.m. on December 28th through December 31st. (Ord. CE 16‑01‑29B Exh. A (part): Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.080 Retail sale of consumer fireworks.
The retail sale of consumer fireworks shall conform with Chapter 70.77 RCW and Chapter 212-17 WAC as they now exist or may be hereafter amended.
Permanent buildings and temporary stands used for the retail sale of consumer fireworks shall be located only where commercial activities are authorized under the zoning code. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.090 Retail sale of consumer fireworks—Signage.
In addition to all other signage requirements of the State Fireworks Law, a sign shall be conspicuously posted at each location where consumer fireworks are sold that reads as follows:
ONLY CONSUMER FIREWORKS LIKE THOSE SOLD AT THIS LOCATION MAY BE DISCHARGED IN DOUGLAS COUNTY.
DISCHARGE OF FIREWORKS IS PERMITTED ONLY BETWEEN THE HOURS OF 6:00 P.M. ON DECEMBER 31 AND 1:00 A.M. ON JANUARY 1.
DISCHARGE OF BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, FIRECRACKERS, SALUTES, AND CHASERS IS ILLEGAL AND WILL SUBJECT THE VIOLATOR TO CRIMINAL PROSECUTION.
(Ord. CE 16‑01‑29B Exh. A (part): Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.110 Approved storage facilities required.
Fireworks storage locations and facilities shall conform to Chapter 70.77 RCW and Chapter 212-17 WAC as they now exist or may be hereafter amended. Consumer fireworks remaining unsold after the lawful period of retail sales provided in DCC Section 8.20.070 shall be removed within two days to an approved storage facility. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.120 Consumer fireworks—Where discharge prohibited.
The discharge of consumer fireworks is prohibited in the following locations:
A. In or upon any publicly owned property; provided, that the chief administrative officer of publicly owned property may issue written permits or authorizations for discharge of consumer fireworks on such terms and conditions as shall be deemed necessary to protect the public, public property and private property;
B. Within three hundred feet of any hotel, motel or other lodging facility, hospital, convalescent center, assisted-living center, public library, church, synagogue or other place of worship;
C. Within or from any structure, vehicle or vessel. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.130 Public display of fireworks—Additional provisions.
In addition to the requirements of the State Fireworks Law, the following provisions shall apply to the public display of fireworks:
A. All minimum clearances, site dimensions, separation clearances and landing areas shall be subject to review by and approval of the fire marshal. In the sole discretion of the fire marshal, the minimum standards of the State Fireworks Law may be increased to protect the public and property.
B. The applicant shall provide fire protection for the display. The fire marshal shall determine the level of personnel and equipment necessary. Prior to the public display, the applicant shall pay the full cost of the required personnel and equipment to the appropriate fire district.
C. The applicant shall provide crowd control for the display. The fire marshal shall determine the level of crowd control necessary, including the number and placement of crowd control monitors. If local law enforcement is providing crowd control, the applicant shall pay the full cost of the required personnel and equipment to the appropriate law enforcement agency prior to the display.
D. If, in the opinion of the fire marshal, the sheriff or the pyrotechnic operator, a lack of fire protection or crowd control poses a danger to the public or property, then the fire marshal, the sheriff or the pyrotechnic operator shall immediately suspend the display until the danger is corrected. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.140 Permit coverage—Transfer of permit prohibited.
A separate permit shall be obtained for each activity requiring a permit and for each location at which fireworks activity is undertaken. A permit shall be used only by the designated permittee and shall not be assigned or otherwise transferred. Any transfer or purported transfer of a permit shall be deemed a violation of this chapter and shall void the permit. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.150 Revocation of permit.
Any failure of or refusal by a permittee to comply with the requirements of a permit, to comply with the State Fireworks Law, to comply with this chapter, or to comply with any lawful requirement or order of the fire marshal concerning fireworks shall be grounds for revocation of a permit by the fire marshal. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.160 Fireworks—Emergencies—Restrictions on sale and use.
The fire marshal may prohibit the discharge of all fireworks during periods of extreme fire danger. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.170 Special effects for entertainment productions.
This chapter does not prohibit the assembling, compounding, use, and display of special effects by any person engaged in the production of motion pictures, radio, television productions or live entertainment when such use and display is a necessary part of the production and such person possesses a valid permit issued by the fire marshal. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.180 Excluded from this chapter.
This chapter does not apply to the operation of railways, motor vehicles, vessels or other transportation means for signal purposes or illumination, the use of signals at athletic events, operations conducted by law enforcement and the military, and agricultural and wildlife fireworks. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.190 Appeals.
Any person aggrieved by a decision of the fire marshal under this chapter may appeal the decision by filing an appeal in the Douglas County Superior Court and serving a copy of the appeal on the fire marshal within ten days after receipt of the fire marshal’s decision. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.200 Enforcement.
The fire marshal and the sheriff shall have the authority to enforce the provisions of this chapter. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04‑01‑63B Exh. A (part))
8.20.210 Penalties.
Each violation of this chapter shall be punishable as a misdemeanor. (Ord. CE 10‑03‑78B Exh. A (part): Ord. CE 04-01-63B Exh. A (part))