Chapter 8.20
FIREWORKS AND SKY LANTERNS
Sections:
8.20.030 Dangerous and unclassified fireworks prohibited.
8.20.035 Sale and use of sky lanterns unlawful.
8.20.050 Dates when sale allowed.
8.20.060 Discharge prohibited – Exceptions.
8.20.080 Number of sale permits limited.
8.20.090 Sale permit – Nontransferable.
8.20.100 Sale permit – Application – Requirements.
8.20.110 Temporary stand – Location – Construction.
8.20.120 Sale permit – Application – Investigation – Grant or denial.
8.20.130 Public display permit required.
8.20.140 Public display standards.
8.20.150 Interpretation and construction of chapter.
8.20.010 Purpose.
This chapter regulates the possession and sale of fireworks as defined by the State Fire Marshal and prohibits the possession, sale, or discharge of any dangerous or unclassified fireworks as defined by the State Fireworks Law (Chapter 70.77 RCW). This chapter also prohibits the discharge of all fireworks within the city limits of Sequim, except as authorized under a public display permit or pursuant to RCW 70.77.311(2). If there is any conflict between Washington State law and this chapter, Washington State law controls. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 1)
8.20.020 Definitions.
The definitions in Chapter 70.77 RCW and WAC 212-17-025 and 212-17-028 as now stated or as amended govern the interpretation of this chapter, when applicable. In addition, the following definitions apply in this chapter:
A. “Sky lantern,” “sky candles,” “fire balloons,” and “airborne paper lanterns” mean an unmanned airborne lantern typically made of paper with a light frame containing a candle, fuel cell composed of waxy flammable material, or other open flame that serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Manned hot air balloons are not a part of this definition.
B. “City fire marshal” means the official or agency serving as fire marshal for the city of Sequim, whether that is an assigned staff person or a person operating under private contract or interlocal agreement, including authorized designees.
C. “State Fire Marshal” is a division of the Washington State Patrol and is the state agency responsible for regulating fireworks manufacturers, wholesalers, importers, and general display and pyrotechnic operator licensees for statutory compliance. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2015-015 § 1 (Exh. A1); Ord. 2013-006 § 1 (Exh. A); Ord. 95-007 § 2)
8.20.030 Dangerous and unclassified fireworks prohibited.
The sale, transportation, possession, or discharge of dangerous or unclassified fireworks within the city limits is prohibited. For unclassified fireworks, possession of fireworks without the manufacturer’s license number and the State Fire Marshal’s classification is prima facie evidence of a violation of this chapter. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 3)
8.20.035 Sale and use of sky lanterns unlawful.
It is unlawful for any person to sell, use, transfer, discharge, or ignite any sky lantern within the city limits, or to sell, use, transfer, discharge, or ignite any sky lantern which becomes aloft within the city limits. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2013-006 § 1 (Exh. A))
8.20.040 Permits required.
Any person or entity within the city limits of Sequim desiring to manufacture, import, possess, or sell any fireworks at wholesale or retail for any use, or store fireworks at any place, or make a public display of fireworks, must apply for the appropriate permit in writing to the city department of community development. Licensees or public carriers delivering to a licensee are exempt from this permit requirement pursuant to RCW 70.77.255(1)(c). (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 4)
8.20.050 Dates when sale allowed.
Fireworks may be sold and purchased within the city limits of Sequim only on the following dates and times: (A) from noon to 11:00 p.m. on June 28th; (B) from 9:00 a.m. to 11:00 p.m. on June 29th through July 4th; and (C) from 9:00 a.m. to 9:00 p.m. on July 5th. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2002-017; Ord. 95-007 § 5)
8.20.060 Discharge prohibited – Exceptions.
Except as authorized by Washington State license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use for religious or other specific purpose on approved date and at an approved location), discharging or exploding any fireworks within the city limits of Sequim is prohibited. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2002-017; Ord. 95-007 § 6)
8.20.070 Storage.
It is unlawful for any person or entity to store fireworks of any class without first applying in writing and receiving a permit for such storage to the city fire marshal at least 45 calendar days before the date of the proposed storage. The city fire marshal must investigate the nature, character, and location of the proposed storage area and determine whether it constitutes a hazard or danger to property or any person. The city fire marshal must exercise reasonable discretion when granting, denying, or granting with reasonable conditions any storage permit application. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 7)
8.20.080 Number of sale permits limited.
No person or entity will receive more than one permit for the sale of fireworks during any calendar year. A fireworks sale permit granted pursuant to this chapter entitles the permittee to maintain only one retail outlet.
Only one fireworks sale permit for each 1,500 persons residing within the Sequim city limits will be issued per year. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 8)
8.20.090 Sale permit – Nontransferable.
The fireworks permit issued for the retail sale of fireworks within the city limits is nontransferable, and no person or entity other than the permittee is allowed to operate the stand for which the permit is issued, or share or otherwise participate in the benefits of the operation of such stand. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 9)
8.20.100 Sale permit – Application – Requirements.
Application for a retail sale fireworks permit within the city limits must be made to the department of community development or designee on a form prepared by the department and submitted at least 45 calendar days before the requested effective date of the permit.
No permit application may be submitted before January 1st of the year in which the permit is requested. The application must be accompanied by:
A. A valid license issued by the State Fire Marshal pursuant to Chapter 70.77 RCW as now enacted or as hereafter amended, authorizing the permittee to engage in retail fireworks sales; and
B. A fireworks stand temporary use permit fee in an amount set forth in Chapter 3.68 SMC, Rates and Fees; and
C. A public liability and property damage insurance policy from an insurance company licensed to do business in Washington with coverage amounts satisfactory to the city, naming the city as an additional insured and indemnifying it from any damage or injury caused by the operation of the retail fireworks stand. (Ord. 2024-007 § 1 (Exh. A); Ord. 2021-012 § 1 (Exh. B); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 10)
8.20.110 Temporary stand – Location – Construction.
A. Authorized fireworks sales are allowed from temporary fireworks stands only.
B. A temporary stand may be located only in business or industrial areas or zones within the city.
C. Temporary fireworks stands do not need to comply with the building code but must be erected in accordance with plans submitted to and approved by the city fire marshal or designee and be constructed in a manner that assures the safety of attendants and patrons. In the event any temporary fireworks stand is wired for electricity, such wiring must conform to all applicable electrical codes and be limited to the provision of adequate lighting.
D. All temporary fireworks stands must prominently display signage clearly stating that the discharge of all fireworks within the Sequim city limits is prohibited under this chapter.
E. All temporary fireworks stands must be removed and all debris cleaned up by July 10th of each year. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 11)
8.20.120 Sale permit – Application – Investigation – Grant or denial.
A. Upon receiving a complete application for a fireworks sale permit, the city fire marshal or designee must investigate the safety of the proposed operation. After the investigation is complete, the department of community development will forward the application and investigation results to Fire District 3 for comment. After receiving comment, but not more than 30 calendar days from the date of application, or no later than June 10th, the permit will be granted or denied if the application was submitted at least 30 calendar days prior to the June 10th date. The city may give preference to persons or organizations who have operated temporary fireworks stands in accordance with previously issued permits. The city will give first preference to local nonprofit groups benefiting youth and second preference to other local nonprofit groups. No more than one fireworks stand for each 1,500 of the official population of Sequim will be granted.
B. The approved permit must be prominently posted in the temporary fireworks stand. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 2002-017; Ord. 95-007 § 12)
8.20.130 Public display permit required.
A. Any person or entity desiring to make a public fireworks display must first apply in writing for a permit from the department of community development. Applications must be made at least 45 calendar days in advance of the proposed display.
B. Applicants must meet all qualifications and requirements of Washington State law regarding public fireworks displays and all fire and safety requirements for public display standards as set forth in SMC 8.20.140.
C. The city fire marshal or designee must investigate whether the character and location of the proposed display would be hazardous to property or dangerous to any person. Based on the investigation, the city fire marshal or designee will submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city. The city will grant the application if it meets all requirements of this chapter and Chapter 70.77 RCW. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A))
8.20.140 Public display standards.
All public fireworks displays must conform to the following minimum standards and conditions:
A. All public fireworks displays must be planned, organized, and discharged by a Washington State licensed pyrotechnician.
B. A public fireworks display permit must be obtained from the city and approved by the fire marshal or designee prior to the display. The permit must include the applicant’s name and address, the pyrotechnician’s name and address, the exact location, date, and time of the proposed display, the number, type, and class of fireworks to be displayed, and the manner in which the fireworks are being stored prior to the public fireworks display.
C. The application for public fireworks display must include evidence of a bond issued by an authorized surety or a certificate of public liability insurance with coverage amounts satisfactory to the city. Such bond or certificate must conform to the requirements set forth in RCW 70.77.285 and 70.77.355.
D. The permit may be immediately revoked at any time deemed necessary by the city fire marshal or designee due to any noncompliance or weather condition. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to falling debris from the display.
E. Public access areas will be determined by the city fire marshal or designee and maintained by the applicant in the manner set forth in the approved display permit. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A))
8.20.150 Interpretation and construction of chapter.
This chapter is intended to implement Chapter 70.77 RCW as now enacted or as amended, and must be interpreted in accordance with Chapter 70.77 RCW and all applicable rules or regulations. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 14. Formerly 8.20.140)
8.20.160 Enforcement.
The director of community development or designated fire marshal is the enforcing officer of this chapter. Any failure or refusal on the part of a permittee to obey the rules, regulations, or requests of the director or fire marshal is grounds for the revocation of any fireworks-related permit (sale, storage, display). (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 15. Formerly 8.20.150)
8.20.170 Violation – Penalty.
Violation of SMC 8.20.040 and 8.20.060, to the extent it also constitutes a violation of RCW 70.77.488, 70.77.510 or 70.77.515, is a gross misdemeanor subject to the fines and penalties of a gross misdemeanor offense under state law.
Violation of any other provisions of this chapter constitutes a misdemeanor subject to the fines and penalties of a misdemeanor offense under state law.
Each day during which any person or entity commits, continues, or allows a violation of any provision of this chapter constitutes a separate violation. (Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 16. Formerly 8.20.160)