Chapter 8.46
FIREWORKS
Sections:
8.46.015 Fireworks – Sale, Possession, Discharge, etc., Prohibited.
8.46.040 Permit for Public Display.
8.46.050 Public Display Employee Compensation Insurance – Liability Insurance.
8.46.070 Unclassified Fireworks – Sale, Possession, etc., Prohibited.
8.46.100 Nonprohibited Commodities and Acts.
8.46.120 Violations – Penalties.
8.46.010 Definitions.
The words and phrases used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
(1) “Common fireworks” means and includes any fireworks for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations in the U.S. Department of Transportation and designated as U.N. 0336 1.4G.
(2) “Person” means and includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
(3) “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
(4) “Sale at retail” means and includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.
(5) “Sale at wholesale” means and includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of special fireworks to public display licensees.
(6) “Agricultural and wildlife fireworks” means and includes fireworks devices distributed to farmers, ranchers and growers, through a wildlife management program administered by the United States Department of the Interior.
(7) “Fireworks” means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and classified as common or special fireworks by the U.S. Department of Explosives or contained in the regulations of the U.S. Department of Transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G.
(8) “Special fireworks” means and includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Department of Explosives or in the regulations of the U.S. Department of Transportation and designated as U.N. 0335 1.3G.
(9) “Pyrotechnics” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera.
(10) “Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks.
(Ord. 6-1995 §1, 1995: Ord. 3-1983 Mod. 1 (part), 1984: Ord. 3-1983 §1(part), 1983).
8.46.015 Fireworks – Sale, Possession, Discharge, etc., Prohibited.
Except as otherwise provided in this chapter, it is unlawful for any person to store, offer for sale, expose for sale, use, possess, fire or discharge any fireworks.
(Ord. 6-1995 §2, 1995).
8.46.040 Permit for Public Display.
It shall be unlawful for any person to make a public display of fireworks within the county without having first obtained a permit to do so. Application to make such a display shall be made in writing to the county fire marshal or his designee on forms provided for that purpose and shall be accompanied by a one hundred dollar fee for each display; provided, however, that display of fireworks at a value of five hundred dollars or less shall be accompanied by a fifty dollar fee; and provided further, that displays for nonprofit organizations shall be exempt from any permit fee.
The county fire marshal or his designee shall make an investigation as to whether the display as proposed will be of such character and will be so located that it may be hazardous or dangerous to any person or property, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to such reasonable conditions, if any, as he may prescribe. Applications for permits for public display of fireworks shall be made at least ten days in advance of the public display. A permit for a public display of fireworks shall not be issued unless the person applying for the permit is a holder of a valid license issued by the State Fire Marshal to make such a display. If a permit for public display of fireworks is granted, 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 handled or supervised by a competent and experienced pyrotechnic operator approved by the county fire marshal or his designee.
(Ord. 3-1983 §1(part), 1983).
8.46.050 Public Display Employee Compensation Insurance – Liability Insurance.
The applicant for a permit for a public display of fireworks shall, at the time of application, submit his license issued by the State Fire Marshal for inspection. In addition, the applicant shall submit to the county fire marshal or his designee a certificate of insurance in an amount not less than fifty thousand dollars and one million dollars for each person and event respectively, and not less than twenty-five thousand for property damage liability for each event. Such certificate of insurance shall also name, as additional insured parties, the county, its officers and employees acting in their capacity as agents of the county.
(Ord. 3-1983 §1(part), 1983).
8.46.070 Unclassified Fireworks – Sale, Possession, etc., Prohibited.
The sale, transportation, possession or discharge of fireworks not marked with the manufacturer’s license number and the State Fire Marshal’s classification, as required by RCW Chapter 70.77, is prohibited.
(Ord. 3-1983 §1(part), 1983).
8.46.100 Nonprohibited Commodities and Acts.
The provisions of this chapter shall not apply to any explosive or flammable compound, blasting caps or similar items used for industrial purposes, or to any blank cartridges for use by persons for bona fide ceremonial purposes, athletic or sports events or military ceremonials or demonstrations. This chapter shall not be construed so as to prohibit the use of torpedoes, flares or fuses by motor vehicles, railroads or other transportation agencies for signal purposes, or the assembling, compounding, use or display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals or operas when such person possesses a valid permit to purchase, possess, transport or use dangerous fireworks; nor shall this chapter prohibit any manufacturer, wholesaler, dealer or jobber having a license and a permit, if a permit is required by this chapter, selling fireworks to persons having a license and a permit for public displays of fireworks.
(Ord. 3-1983 §1(part), 1983).
8.46.110 Enforcement.
The county fire marshal or his designee is designated as the enforcing officer of this chapter. Violation of any provision of RCW Chapter 70.77, this chapter or a permit issued hereunder, any failure or refusal on the part of the permittee to obey any rule, regulation or request of the county fire marshal or his designee concerning fireworks shall be grounds for the revocation of a fireworks permit.
(Ord. 3-1983 §1(part), 1983).
8.46.120 Violations – Penalties.
Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each day and every day or portion thereof during which any violation of the provisions of this code is committed, continued or permitted, and upon conviction of such violation such person, firm or corporation shall be subject to punishment by a fine of not more than one thousand dollars, or by imprisonment for not more than ninety days, or both such fine and imprisonment.
(Ord. 6-1995 §3, 1995).
8.46.130 Effective Date.
Ordinance 6-1995, as set out in Sections 8.46.010, 8.46.015, 8.46.120 and 8.46.130, shall be effective one year from its adoption, June 14, 1996. Provided, that pursuant to RCW 70.77.395, the sale or discharge of common fireworks on December 31, 1995 and January 1, 1996 is prohibited.
(Ord. 6-1995 §5, 1995).