Chapter 16.20
FIREWORKS

Sections:

16.20.010    Adoption of sections of Revised Code of Washington by reference.

16.20.020    City – Local public agency – Local government – Defined.

16.20.030    Local fire official – Defined.

16.20.035    Emergency fireworks ban – Defined.

16.20.040    Designee – Fire chief.

16.20.045    “Common fireworks” and “special fireworks” – Additional definitions.

16.20.050    State license and city permit required.

16.20.055    Inspections required.

16.20.060    Copy of license to be filed.

16.20.070    Certificate of insurance required.

16.20.080    Activities to be conducted in a safe and reasonable manner.

16.20.090    Permit required for sales – Application.

16.20.100    Retail fireworks stands.

16.20.110    Sale and discharge of fireworks.

16.20.120    Special purchase and use permits.

16.20.130    Permit for public display.

16.20.140    Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.

16.20.150    Permit revocation.

16.20.155    Emergency prohibition of fireworks use.

16.20.160    Penalty.

16.20.170    Severability.

16.20.010 Adoption of sections of Revised Code of Washington by reference.

The following laws contained within the Revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full; provided, that any provision in the RCW dealing solely and exclusively with the investigation, prosecution, or sentencing of a felony crime is not adopted herein.

RCW

70.77.126    Definitions – “Fireworks.”

70.77.131    Definitions – “Special fireworks.”

70.77.136    Definitions – “Common fireworks.”

70.77.141    Definitions – “Agricultural and wildlife fireworks.”

70.77.146    Definitions – “Special effects.”

70.77.160    Definitions – “Public display of fireworks.”

70.77.165    Definitions – “Fire nuisance.”

70.77.170    Definitions – “License.”

70.77.175    Definitions – “Licensee.”

70.77.180    Definitions – “Permit.”

70.77.190    Definitions – “Person.”

70.77.200    Definitions – “Importer.”

70.77.205    Definitions – “Manufacturer.”

70.77.210    Definitions – “Wholesaler.”

70.77.215    Definitions – “Retailer.”

70.77.230    Definitions – “Pyrotechnic operator.”

70.77.236    Definitions – “New fireworks item.”

70.77.255    Acts prohibited without appropriate licenses and permits – Minimum age for license or permit – Activities permitted without license or permit.

70.77.260    Application for permit.

70.77.265    Investigation, report on permit application.

70.77.270    Governing body to grant permits – State-wide standards – Liability insurance.

70.77.280    Public display permit – Investigation – Governing body to grant – Conditions.

70.77.285    Public display permit – Bond or insurance for liability.

70.77.290    Public display permit – Granted for exclusive purpose.

70.77.295    Public display permit – Amount of bond or insurance.

70.77.345    Duration of licenses and retail fireworks sales permits.

70.77.381    Wholesalers and retailers – Liability insurance requirements.

70.77.386    Retailers – Purchase from licensed wholesalers.

70.77.401    Sale of certain fireworks prohibited.

70.77.405    Authorized sales of toy caps, tricks, and novelties.

70.77.410    Public displays not to be hazardous.

70.77.415    Supervision of public displays.

70.77.420    Storage permit required – Application – Investigation – Grant or denial – Conditions.

70.77.425    Approved storage facilities required.

70.77.435    Seizure of fireworks.

70.77.440    Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.

70.77.480    Prohibited transfers of fireworks.

70.77.485    Unlawful possession of fireworks – Penalties.

70.77.488    Unlawful discharge or use of fireworks – Penalty.

70.77.495    Forestry permit to set off fireworks in forest, brush, fallow, etc.

70.77.510    Unlawful sales or transfers of special fireworks – Penalty.

70.77.515    Unlawful sales or transfers of common fireworks – Penalty.

70.77.517    Unlawful transportation of fireworks – Penalty.

70.77.520    Unlawful to permit fire nuisance where fireworks kept – Penalty.

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

70.77.535    Special effects for entertainment media.

70.77.540    Penalty.

70.77.545    Violation a separate, continuing offense.

70.77.547    Civil enforcement not precluded.

70.77.580    Retailers to post list of fireworks.

(Ord. 2722 § 2, 2002).

16.20.020 City – Local public agency – Local government – Defined.

The terms “city,” “local public agency,” and “local government,” as used in the sections of Chapter 70.77 RCW that are adopted by reference in this chapter, shall mean the city of Puyallup. (Ord. 2722 § 2, 2002).

16.20.030 Local fire official – Defined.

The term “local fire official,” as used in the provisions of the Revised Code of Washington adopted by this chapter, shall mean the chief of the fire and emergency services department of the city of Puyallup. (Ord. 2722 § 2, 2002).

16.20.035 Emergency fireworks ban – Defined.

The term “emergency fireworks ban” means use of consumer fireworks is prohibited. (Ord. 3116 § 1, 2016).

16.20.040 Designee – Fire chief.

Pursuant to RCW 70.77.270, the city council hereby designates the fire chief or his or her designee as the person with authority to grant or deny permits that are sought pursuant to this chapter. (Ord. 2722 § 2, 2002).

16.20.045 “Common fireworks” and “special fireworks” – Additional definitions.

(1) The term “common fireworks,” shall, in addition to the definition set forth in RCW 70.77.136, include the types of fireworks set forth in WAC 212-17-035.

(2) The term “special fireworks,” shall, in addition to the definition set forth in RCW 70.77.131, include the types of fireworks set forth in WAC 212-17-040. (Ord. 2722 § 2, 2002).

16.20.050 State license and city permit required.

(1) Pursuant to Chapter 70.77 RCW and this chapter, a permit issued by the fire chief or his or her designee shall be required for any activity enumerated in RCW 70.77.255(1) or PMC 16.20.140.

(2) No permit for the activities set forth in RCW 70.77.255(1) shall be issued until:

(a) A license issued by the Chief of the Washington State Patrol is filed with the fire chief or his or her designee; and

(b) A certificate of insurance as required by PMC 16.20.070 and Chapter 70.77 RCW is filed. (Ord. 2722 § 2, 2002).

16.20.055 Inspections required.

Prior to the issuance of any permit, the fire chief or his or her designee shall perform an inspection of any structure or building intended for retail activity, wholesale activity, manufacturing activity, fireworks storage, or public display of fireworks, to determine whether such structures or buildings comply with the requirements of the Revised Code of Washington, the Washington Administrative Code or the city code. No permit shall be issued until such structures or buildings comply with applicable laws. (Ord. 2722 § 2, 2002).

16.20.060 Copy of license to be filed.

Any person who obtains a permit as required by this chapter shall file with the fire chief, a copy of each license for such activity required by Chapter 70.77 RCW. (Ord. 2722 § 2, 2002).

16.20.070 Certificate of insurance required.

(1) As a condition of the issuance of any permit required by this chapter, and at all times during the sale, storage, or display of fireworks pursuant to the authority granted by a permit issued pursuant to this chapter, every retailer, wholesaler, manufacturer, or pyrotechnic operator operating within the city limits of Puyallup shall obtain and have in effect a bond or insurance in the amounts required by RCW 70.77.270, 70.77.285 and 70.77.295. The fire chief shall approve the bond or insurance if it meets the requirements of this section.

(2) Any certificate of insurance or bond required by this chapter or the sections of Chapter 70.77 RCW adopted by this chapter shall provide that:

(a) The insurer will not cancel the insured’s coverage without 15 days prior written notice to the fire chief of the city of Puyallup and the Chief of the Washington State Patrol through the director of fire protection;

(b) The city of Puyallup, its employees, officer, agents, volunteers, and officials are included as additional insureds; and

(c) The city of Puyallup is not responsible for any premiums or assessments on the policy.

(3) Nothing in this section shall relieve any person of the insurance requirements in Chapter 70.77 RCW. (Ord. 2722 § 2, 2002).

16.20.080 Activities to be conducted in a safe and reasonable manner.

(1) All retailers of fireworks or persons publicly displaying fireworks shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this chapter shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner. The issuance of a permit shall not be deemed an endorsement by the city of Puyallup of the activity engaged in.

(2) The city shall not be liable to any person, corporation, entity or holder of property for any damage that is caused by or derived from the display of fireworks, and the person displaying fireworks assumes all risks of such display, and shall hold the city and its employees and officials harmless from any and all claims or causes of action for damage caused by or derived from such display. (Ord. 2722 § 2, 2002).

16.20.090 Permit required for sales – Application.

An application for a permit to sell fireworks shall be made in writing to the fire chief or his or her designee no later than June 15th of the year for which permit is sought, on forms provided for that purpose. Permit fees, inspection, and plan review charges shall be charged as required by resolution of the city council. The fire chief or his or her designee shall deny or grant any such application in writing. The fire chief or his or her designee may place reasonable conditions on any permit issued. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord. 2722 § 2, 2002).

16.20.100 Retail fireworks stands.

The following requirements shall apply to the operation of retail fireworks stands (hereinafter “stand”):

(1) Prior to opening for business, a stand must be inspected and approved by the fire chief or his or her designee.

(2) Inspections of stands shall not be conducted until the fire chief or his or her designee has received the following:

(a) A temporary use application;

(b) Documentation of approval by the community development department;

(c) A business license;

(d) A copy of the state license required by Chapter 70.77 RCW; and

(e) Proof of insurance as required by PMC 16.20.070.

(3) Fire lanes and hydrants shall be maintained clear of obstruction and provide access at all times.

(4) No decorations shall be used unless flameproof.

(5) Electrical extension cords shall not be used without specific approval of the State Electrical Inspector or the fire chief or his or her designee.

(6) No stand shall be located within 25 feet of any other building, including motor homes and trailers, nor within 50 feet of any gasoline or LPG dispensing device.

(7) Each stand shall have at least two exits. Exits must be doors that open outward and must be clear and unlocked when the stand is occupied.

(8) Each stand shall have at least two properly operating 2A, 20BC extinguishers mounted on the stand and easily accessible. Occupants must be physically capable of using the extinguishers, and must know how to operate the extinguishers.

(9) Smoking is prohibited inside stands and within 25 feet of the exterior of stands. “No Smoking” signs shall be posted on the exterior front, back and sides, and interior of the stand.

(10) No stand shall be located closer than 600 feet from another stand.

(11) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

(12) Stands shall be operated by adults, 18 years of age or older only. No fireworks shall be left unattended in a stand.

(13) Every stand shall have a sign stating:

NO FIREWORKS MAY BE SOLD TO ANY PERSON UNDER THE AGE OF SIXTEEN YEARS. THE DISCHARGE OF FIREWORKS IS ONLY PERMITTED BETWEEN THE HOURS OF 9:00 A.M. AND 11:00 P.M. ON JULY 4. PUYALLUP MUNICIPAL CODE SECTION 16.20.130.

Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting colors, readily readable from at least 10 feet. Signs shall be affixed to the front of the stand and shall be visible to the public at all times the stand is open for business.

(14) Overnight sleeping in a stand is prohibited.

(15) Heating appliances are prohibited in stands.

(16) All unsold fireworks, accompanying litter, and the stand shall be removed from the location by 12:00 noon on the 6th of July each year. (Ord. 2722 § 2, 2002).

16.20.110 Sale and discharge of fireworks.

(1) Except as permitted by this chapter and state law, it is unlawful to possess, discharge or sell at wholesale or retail any fireworks other than common fireworks.

(2) No common fireworks shall be sold or offered for sale at retail within the city except from 12:00 noon on the twenty-eighth day of June to 9:00 p.m. on the fourth day of July of each year. No common fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m.

(3) It is unlawful for a person to ignite, discharge, use or explode any common fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on July 4th.

(4) It is unlawful for any person to discharge fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to discharge fireworks in a public park unless a written permit has been obtained by park commissioners. It is unlawful for any person to discharge fireworks on city property that is not a park without the express written permission of the city council.

(5) No person shall sell any common fireworks to a consumer or user thereof under the age of 16 years.

(6) No person under the age of 16 years shall possess or discharge any fireworks unless directly supervised by an adult who is responsible for the person under the age of 16 years.

(7) The transfer of fireworks ownership, whether by sale at wholesale or retail, by gift or by other means of conveyance of title, or the delivery of any fireworks to any person who does not possess a valid permit at the time of such transfer where a permit is required by this chapter, is prohibited.

(8) The sale, transportation, possession, or discharge of fireworks not marked with the manufacturer’s license number and State Fire Marshal’s classification, as required by Chapter 70.77 RCW is prohibited.

(9) This section shall take precedence over and shall preempt any conflicting provision of the Revised Code of Washington or the Washington Administrative Code. (Ord. 2722 § 2, 2002).

16.20.120 Special purchase and use permits.

(1) Religious organizations or private organizations or persons may purchase or use common fireworks on dates and at times other than that specified in PMC 16.20.130 if:

(a) Purchased from a manufacturer, importer or wholesaler licensed pursuant to Chapter 70.77 RCW;

(b) For use on prescribed dates and locations;

(c) For religious or specific purposes; and

(d) A permit is obtained from the fire chief or his or her designee.

(2) Applications for a permit required under this section shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each private or religious use of fireworks authorized by this section. The fire chief or his or her designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on such investigation, the fire chief or his or her designee may grant or deny such permit and may place reasonable conditions on any permit issued.

(3) No permit issued pursuant to this section shall be transferable. If such permit is issued it shall be lawful only for the prescribed uses. A permit authorized by this section shall not be issued unless the applicant is over the age of 18 years. (Ord. 2722 § 2, 2002).

16.20.130 Permit for public display.

(1) An application to make a public display of fireworks shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each display. Application shall be submitted at least 10 days in advance of the proposed display.

(2) The fire chief or his or her designee shall investigate whether the character and location of the display would be hazardous or dangerous to any person or property.

(3) If the fire chief or his or her designee grants a permit for the public display of fireworks, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be conducted or supervised by a competent and experienced pyrotechnic operator approved by the fire chief or his or her designee.

(4) The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord. 2722 § 2, 2002).

16.20.140 Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.

(1) In lieu of the formal seizure and forfeiture process set forth in RCW 70.77.435 and 70.77.440, the city and the person possessing or selling fireworks subject to seizure may enter an agreement wherein the city agrees to confiscate and destroy the fireworks subject to seizure.

(2) An agreement made pursuant to this section vests all right, title and possession in the fireworks with the fire chief or his or her designee. The fireworks may be immediately destroyed or otherwise disposed of at the discretion of the fire chief or his or her designee. (Ord. 2722 § 2, 2002).

16.20.150 Permit revocation.

Violations of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of the permittee to obey any rule, regulation or request of the fire chief or his or her designee concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 2722 § 2, 2002).

16.20.155 Emergency prohibition of fireworks use.

Upon recommendation of the city manager, the city council of the city of Puyallup may issue a citywide temporary order prohibiting the use of consumer fireworks. Said recommendation shall be based on a reasonable and articulable belief that hazardous conditions exist where the use of consumer fireworks poses a severe wildland or woodland fire hazard, increasing risk and threatening public safety. Prior to making the recommendation, the city manager shall consult the fire chief and/or police chief for best available public safety information pertinent to the conditions. Said information shall be communicated to city council as part of the city manager’s recommendation. At a minimum the risk of fire danger in Pierce County must be determined by the Washington Department of Natural Resources to be “very high/extreme” or otherwise at the highest fire danger level. The temporary emergency order shall specify the time period it shall be in effect. The emergency order may be cancelled by the city manager prior to its expiration date, based on information from the fire chief and/or police chief as to prevailing conditions. (Ord. 3116 § 2, 2016).

16.20.160 Penalty.

Except as otherwise provided in this chapter, any person violating any provision of this chapter or any permit issued pursuant to this chapter is guilty of a misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. A person is guilty of a separate offense for each day or occurrence during which he or she commits, continues, or permits a violation of any provision of, or permit issued under, this chapter. The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. (Ord. 2722 § 2, 2002).

16.20.170 Severability.

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2722 § 2, 2002).