Chapter 12.55
FIREWORKS1
Sections:
Article I. Generally
12.55.010 Definitions.
12.55.020 Findings of fact.
12.55.030 Implementation of statutes.
12.55.050 Exception.
12.55.060 Sale of fireworks unlawful.
12.55.070 Possession, use and discharge of fireworks unlawful.
12.55.080 Use of fireworks in public parks and on public land.
12.55.090 Special effects for entertainment media.
Article II. Permits
12.55.100 Required – Display of fireworks.
12.55.110 Application for public display permit.
12.55.120 Permit fees.
12.55.130 Issuance – Nontransferable – Voiding.
Article III. Fireworks Display Regulations
12.55.140 Compliance.
12.55.150 State-licensed pyrotechnician required.
12.55.160 Permit required – Contents.
12.55.170 Plan view of site.
12.55.180 Reinforcement of fire protection.
12.55.190 Removal of debris, trash.
12.55.200 Disposal of undischarged fireworks.
12.55.210 Fire extinguishers – Blanket required.
12.55.220 Revocation of permit.
12.55.230 Areas of public access.
Article I. Generally
12.55.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. The definitions in Chapter 70.77 RCW, when applicable, apply throughout this chapter unless the context clearly requires otherwise. RCW 70.77.120 through 70.77.230 are adopted by reference.
“Dangerous fireworks” means any firework not defined as a “common firework” under the provisions of RCW 70.77.136.
(Ord. No. 09-600, § 3, 1-6-09; Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 04-466, § 12, 10-5-04; Ord. No. 92-147, § 2, 6-23-92; Ord. No. 90-54, § 1, 4-17-90. Code 2001 § 8-121.)
12.55.020 Findings of fact.
The city council hereby adopts the document, entitled “Proposed Prohibition of Fireworks Sale or Use in Federal Way,” prepared by King County Fire Protection District No. 39, and makes the following findings of fact:
(1) The risks of fires and the danger to public safety and property damages are increased by the sale and use of fireworks within the city.
(2) The types of fireworks involved in fires within the city include both the illegal (dangerous) fireworks, and legal (consumer) fireworks as defined in RCW 70.77.136.
(3) Banning the use of all fireworks within the city is rationally related to the city council legislative purpose of reducing and/or eliminating the risk of major property damage and risk to public safety which results from the sale, possession and use of any fireworks.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 04-466, § 13, 10-5-04; Ord. No. 92-147, § 1, 6-23-92. Code 2001 § 8-122.)
12.55.030 Implementation of statutes.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 12, 6-23-92; Ord. No. 90-54, § 18, 4-17-90. Code 2001 § 8-123.)
12.55.050 Exception.
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. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 11, 6-23-92; Ord. No. 90-54, § 16, 4-17-90. Code 2001 § 8-125.)
12.55.060 Sale of fireworks unlawful.
It is unlawful for any person to sell any fireworks within the city; provided, that this prohibition shall not apply to duly authorized public displays.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 2, 6-23-92; Ord. No. 90-54, § 2, 4-17-90. Code 2001 § 8-126.)
12.55.070 Possession, use and discharge of fireworks unlawful.
Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2), public display, or RCW 70.77.311(2), use by group or individual for religious or other specific purpose on approved date and as approved location, it is unlawful for any person to engage in the retail sale of, or to sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 3, 6-23-92; Ord. No. 90-54, § 3, 4-17-90. Code 2001 § 8-127.)
12.55.080 Use of fireworks in public parks and on public land.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park owned by the city; provided, however, nothing in this section shall be deemed to limit the authority of the city council to allow event display of special fireworks under a permit issued in accordance with the provisions of this chapter.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 9, 6-23-92; Ord. No. 90-54, § 14, 4-17-90. Code 2001 § 8-128.)
12.55.090 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. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 10, 6-23-92; Ord. No. 90-54, § 15, 4-17-90. Code 2001 § 8-129.)
Article II. Permits2
12.55.100 Required – Display of fireworks.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this article.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 4, 6-23-92; Ord. No. 90-54, § 4, 4-17-90. Code 2001 § 8-141.)
12.55.110 Application for public display permit.
Applications for a permit to hold, conduct or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or designee. Applications shall be made at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the state as defined by Chapter 70.77 RCW and Chapter 212-17 WAC.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 7, 6-23-92; Ord. No. 90-54, § 8, 4-17-90. Code 2001 § 8-142.)
12.55.120 Permit fees.
The fee for a public display permit for the public display of fireworks shall be $100.00, payable in advance.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 5, 6-23-92; Ord. No. 90-54, § 6, 4-17-90. Code 2001 § 8-143.)
12.55.130 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this article shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this article and shall void the permit granted in addition to all other sanctions provided in this article.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 6, 6-23-92; Ord. No. 90-54, § 7, 4-17-90. Code 2001 § 8-144.)
Article III. Fireworks Display Regulations
12.55.140 Compliance.
All public fireworks displays shall conform to the minimum standards and conditions set out in this article.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8, 6-23-92; Ord. No. 90-54, § 12, 4-17-90. Code 2001 § 8-171.)
12.55.150 State-licensed pyrotechnician required.
All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnician.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(A), 6-23-92; Ord. No. 90-54, § 12(A), 4-17-90. Code 2001 § 8-172.)
12.55.160 Permit required – Contents.
A permit shall be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his or her address; the name of the pyrotechnician and his or her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(B), 6-23-92; Ord. No. 90-54, § 12(B), 4-17-90. Code 2001 § 8-173.)
12.55.170 Plan view of site.
A drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(C), 6-23-92; Ord. No. 90-54, § 12(C), 4-17-90. Code 2001 § 8-174.)
12.55.180 Reinforcement of fire protection.
When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a Federal Way fire department pumper and a minimum of two trained firefighters shall be on site 30 minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association’s fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association’s fee schedule and shall be designated to the general fund.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 99-340, § 8, 5-4-99; Ord. No. 92-147, § 8(D), 6-23-92; Ord. No. 90-54, § 12(D), 4-17-90. Code 2001 § 8-175.)
12.55.190 Removal of debris, trash.
All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(E), 6-23-92; Ord. No. 90-54, § 12(E), 4-17-90. Code 2001 § 8-176.)
12.55.200 Disposal of undischarged fireworks.
All unfired, or “dud,” fireworks shall be disposed of in a safe manner.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(F), 6-23-92; Ord. No. 90-54, § 12(F), 4-17-90. Code 2001 § 8-177.)
12.55.210 Fire extinguishers – Blanket required.
A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(G), 6-23-92; Ord. No. 90-54, § 12(G), 4-17-90. Code 2001 § 8-178.)
12.55.220 Revocation of permit.
The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(H), 6-23-92; Ord. No. 90-54, § 12(H), 4-17-90. Code 2001 § 8-179.)
12.55.230 Areas of public access.
Areas of public access shall be determined by the fire chief or designee and maintained in an approved manner.
(Ord. No. 07-563, § 1(B), 10-16-07; Ord. No. 92-147, § 8(I), 6-23-92; Ord. No. 90-54, § 12(I), 4-17-90. Code 2001 § 8-180.)
Cross references: Firearms and fireworks restricted in parks and recreation areas, FWRC 4.05.220; criminal code, FWRC Title 6.State law reference: Fireworks, RCW 70.77.120 et seq.
State law references: Public display permit, RCW 70.77.280 et seq.; transportation of fireworks, RCW 70.77.255(1)c.