Chapter 5.16
FIREWORKS

Sections:

5.16.010    Title.

5.16.020    Intent.

5.16.030    Definitions.

5.16.040    Separate retail business license and permit to sell consumer fireworks required – Fee.

5.16.050    Application for license.

5.16.060    Application and issuance of fireworks sales permit.

5.16.070    Number of licenses.

5.16.080    Licensee to operate stand and receive benefits.

5.16.090    Period of lawful sale or use of consumer fireworks.

5.16.095    Emergencies – Restrictions on use.

5.16.100    Stand specifications and operation.

5.16.110    Separate business license and permit to use/discharge display fireworks required – Fee.

5.16.120    Application for license to use or discharge display fireworks.

5.16.130    Application and issuance of display fireworks permit.

5.16.140    Display fireworks site specifications and operation.

5.16.150    Unlawful sales or transfers of consumer fireworks – Penalty.

5.16.152    Unlawful discharge or use of fireworks – Penalty.

5.16.154    Unlawful sale of display fireworks – Penalty.

5.16.156    Unlawful fireworks subject to impound.

5.16.158    Other violations – Penalty.

5.16.160    Consequences of enforcement.

5.16.010 Title.

This chapter shall be known and may be cited as the fireworks regulations of the city of Blaine, Washington. (Ord. 2789 § 1, 2011; Ord. 1211 § 2, 1964; prior code § 7-402)

5.16.020 Intent.

It is the intent of this chapter to establish reasonable and uniform regulations for the use of fireworks and to provide a procedure for the granting of licenses, to establish regulations governing the possession, sale, and discharge of consumer fireworks, as classified by the State Fire Marshal, and to prohibit the possession, sale, and use of any other fireworks except as may be specifically provided in Chapter 70.77 RCW, as may be amended and as provided for herein. (Ord. 2881 § 1, 2016; Ord. 2789 § 1, 2011; Ord. 1211 § 1, 1964; prior code § 7-401)

5.16.030 Definitions.

As used in this chapter:

A. “Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

B. “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder. The sale of display fireworks is prohibited in the city of Blaine.

C. “Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed 50 mg of salute powder.

D. “Fireworks sales permit” means the permit required for each location from which the sale of consumer fireworks within the city is to occur. This fireworks sales permit is in addition to the business license required of all persons engaged in the retail sale of consumer fireworks.

E. “Temporary stand” (aka “fireworks stand”) is a temporary structure used by individuals engaged in the business to sell consumer fireworks. The use of a temporary stand is subject to the requirements of this chapter.

F. Other Definitions. The terms defined in Chapter 70.77 RCW are incorporated by reference, to the extent that the contained Chapter 70.77 RCW does not conflict with this chapter. (Ord. 2789 § 1, 2011; Ord. 1211 §§ 3, 4, 1964; prior code §§ 7-403, 7-404)

5.16.040 Separate retail business license and permit to sell consumer fireworks required – Fee.

It is unlawful to engage in the retail sale of consumer fireworks within the city without first having obtained both a business license and a separate fireworks sales permit from the city. The annual fees to be charged for the issuance licenses and permits shall be set in the city’s unified fee schedule. A separate fireworks sales permit shall be required for each physically separate sales location. (Ord. 2789 § 1, 2011; Ord. 1211 § 5, 1964; prior code § 7-405)

5.16.050 Application for license.

A business license application to sell consumer fireworks shall:

A. Be completed in the manner specified for city business licenses generally as provided in city code; and

B. Is submitted on or prior to the third Monday of April of each year. Applicants for any such license shall be notified by the city clerk of the granting or rejection of their application on or before the first Monday in May of each calendar year; and

C. Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at or prior to the time of receipt of such license, deliver to the city clerk a $2,000,000 liability, personal injury and property damage insurance policy, with rider attached to the policy designating the city as an additional assured thereunder. After receipt of the permit, the required insurance and rider shall be maintained and shall be canceled only after termination of the sales operation has been verified by the city’s fire official. (Ord. 2789 § 1, 2011; Ord. 1211 § 8, 1964; prior code § 7-408)

5.16.060 Application and issuance of fireworks sales permit.

In addition to a retail business license, a separate fireworks sales permit is required for each location where consumer fireworks will be sold. The purpose of this permit and application is to provide the information needed for the city’s fire official or his designee to evaluate and inspect proposed sales site(s) for compliance with applicable local and state regulations. This fireworks sales permit is in addition to and separate from any permits which may be required or issued by the city and/or other agencies.

A. Fireworks Sales Permit Application. An application for a fireworks sales permit to sell consumer fireworks shall:

1. Be completed on forms designed and/or provided by the city’s fire official or his designee; and

2. Be sufficiently complete to allow for a review of the plans and details about the location and the temporary structure where the consumer fireworks will be sold, including identification of the type and location of fire suppression equipment to be located in the structures, and those near the structure; and

3. Describe only one physical location for each permit application; and

4. Is submitted to the city clerk on or prior to the third Monday of April of each year; and

5. Include copies of a valid city of Blaine business license or copy of a current pending application for a city of Blaine business license, and a copy of a valid permit or license required by Chapter 70.77 RCW.

B. Fireworks Sales Permit Issuance. Upon submission of a complete and timely fireworks sales permit application, the city may issue a fireworks sales permit upon the determination that the following requirements are met:

1. The applicant has submitted a complete application for a fireworks sales permit.

2. The applicant has obtained a city business license.

3. The applicant has obtained all of the required local, state and federal permits or approvals, including without limitation all permits required pursuant to Chapter 70.77 RCW.

C. Fireworks Sales Permit Conditions. All fireworks sales permits shall be subject to the terms and conditions of this chapter and the following conditions, regardless of whether such terms and conditions are expressly stated on the issued permit:

1. No sales of consumer fireworks shall be conducted unless a fireworks sales permit has been issued for that location and a copy of the permit is prominently displayed at the point of sale.

2. The sale of display fireworks is prohibited within the city of Blaine.

3. The permittee shall maintain a valid city business license.

4. The permittee shall comply with all local, state and federal regulations, including without limitation the terms of this chapter and Chapter 70.77 RCW. (Ord. 2789 § 1, 2011; Ord. 1211 § 7, 1964; prior code § 7-407)

5.16.070 Number of licenses.

No one organization may receive more than one license for consumer fireworks sales during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter during any one calendar year shall not exceed one license for each 2,000 residents of the city or fraction thereof, according to the last official census. (Ord. 2789 § 1, 2011; Ord. 1211 § 10, 1964; prior code § 7-410. Formerly 5.16.080)

5.16.080 Licensee to operate stand and receive benefits.

No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the benefits of the operation of such stand. (Ord. 2789 § 1, 2011; Ord. 1211 § 11, 1964; prior code § 7-411. Formerly 5.16.090)

5.16.090 Period of lawful sale or use of consumer fireworks.

A. It is unlawful for any person to sell and/or purchase consumer fireworks within the city limits of Blaine at any time except for the following periods during which times the sale and/or purchase of consumer fireworks shall be lawful, subject to the provisions of this chapter:

1. Between July 1st and July 4th during the hours of 9:00 a.m. to 9:00 p.m. on each day.

B. It is unlawful for any person to use or discharge consumer fireworks at any time within the city limits of Blaine, except for the following periods during which times the use or discharge of consumer fireworks shall be lawful, subject to the additional location restrictions in subsection (C) of this section, and other provisions of this chapter:

1.  On July 4th between the hours of 10:00 a.m. and 12:00 midnight.

C. It is unlawful for any person to use or discharge consumer fireworks in the following areas of the city at any time:

1. The entire West Blaine area located west of Shintaffer Road, including, without limitation, all adjacent water bodies and beach marine areas, the entire Semiahmoo Spit, all of the area of Semiahmoo, including the county park and the city sewer facility to and including the Semiahmoo Marina and in the area generally depicted on the map attached to the ordinance codified in this section as Exhibit A.

2. The Blaine Harbor area and adjacent water bodies located north of Boblett and west of and including the railroad right-of-way, including, without limitation, all property owned by the Port of Bellingham in the area generally depicted on the map attached to the ordinance codified in this section as Exhibit A.

3. All public parks and public property within the city limits of Blaine, excluding public streets outside of the West Blaine and Blaine Harbor areas identified in subsections (C)(1) and (2) of this section.

D. A violation of subsection (A), (B), or (C) of this section is a gross misdemeanor. (Ord. 2881 § 2, 2016; Ord. 2789 § 1, 2011; Ord. 1211 § 6, 1964; prior code § 7-406. Formerly 5.16.100)

5.16.095 Emergencies – Restrictions on use.

The city fire marshal, after consulting with the chief of police, the city manager, and the mayor, if available, may establish a ban on the discharge of all fireworks at any time or at any location and establish any other restrictions the city fire marshal deems reasonable:

A. During periods of extreme fire danger. For the purposes of this chapter, the term “extreme fire danger” shall mean a period of hot, dry weather;

B. During the period of any burn ban, as determined by the city fire marshal or the Whatcom County fire marshal; or

C. In response to any other extenuating emergency conditions.

It shall be unlawful for any person to discharge or use any type of fireworks, including consumer or display fireworks, during any period of a fireworks ban established by the city fire marshal pursuant to this section. A violation of this section is a gross misdemeanor. (Ord. 2881 § 3, 2016)

5.16.100 Stand specifications and operation.

All retail sales of consumer fireworks shall be permitted only from within a temporary stand for fireworks sales approved by the city as part of the fireworks sales permit. The sale of consumer fireworks from any other building or structure is prohibited. It is unlawful to sell any display fireworks in the city.

Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 50 feet of any other building, nor within 300 feet of any gasoline or fuel dispenser.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be inspected by the designated fire official, who shall require that those stands be constructed in a manner and place which ensures the safety of attendants and patrons. Safety-approved fire extinguishers shall be maintained at stands at all times.

C. No fireworks stand shall be located closer than 600 feet to another fireworks stand.

D. All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

E. “No Smoking” signs shall be prominently displayed on the fireworks stand.

F. Each stand shall be operated by adults only. No fireworks shall be left unattended in a stand.

G. All unsold stock, accompanying litter and the fireworks stand shall be removed from the location and the city by noon on July 6th of each year. (Ord. 2789 § 1, 2011; Ord. 1211 § 12, 1964; prior code § 7-412. Formerly 5.16.110)

5.16.110 Separate business license and permit to use/discharge display fireworks required – Fee.

It is unlawful to engage in the use or discharge of display fireworks within the city without first having obtained both a business license and a separate display fireworks permit from the city. The annual fees to be charged for the issuance licenses and permits shall be set in the city’s unified fee schedule. A separate display fireworks permit shall be required for each physically separate location of use or discharge. (Ord. 2789 § 1, 2011)

5.16.120 Application for license to use or discharge display fireworks.

A business license application to use or discharge display fireworks shall:

A. Be completed in the manner specified for city business licenses generally as provided in city code; and

B. Be submitted on or prior to 45 days prior to the date of the planned use or display; and

C. Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at or prior to the time of receipt of such license, deliver to the city clerk a $2,000,000 liability, personal injury and property damage insurance policy, with rider attached to the policy designating the city as an additional assured thereunder. After receipt of the permit, the required insurance and rider shall be maintained and shall be canceled only after termination of the sales operation has been verified by the city’s fire official.

D. Applicants for any such license shall be notified by the city clerk of the granting or rejection of their application within 15 days of the receipt of the application. (Ord. 2789 § 1, 2011)

5.16.130 Application and issuance of display fireworks permit.

In addition to a retail business license, a separate display fireworks permit is required for each location where display fireworks will be used or discharged. The purpose of this permit and application is to provide the information needed for the city’s fire official or his designee to evaluate and inspect proposed site(s) for compliance with applicable local and state regulations. This display fireworks permit is in addition to and separate from any permits which may be required or issued by the city and/or other agencies.

A. Fireworks Sales Permit Application. An application for a fireworks sales permit to sell consumer fireworks shall:

1. Be completed on forms designed and/or provided by the city’s fire official or his designee; and

2. Be sufficiently complete to allow for a review of the plans and details about the location and event surrounding the display, including identification of the type and location of fire suppression equipment to be located at and near the site, anticipated number of attendees, a traffic and crowd control plan; and

3. Describe only one physical location for each permit application; and

4. Submitted to the city clerk on or prior to 45 days prior to the date of the planned use or display; and

5. Include copies of a valid city of Blaine business license or copy of a current pending application for a city of Blaine business license, and a copy of any and all valid permits or licenses required by Chapter 70.77 RCW.

B. Display Fireworks Permit Issuance. Upon submission of a complete and timely display fireworks permit application, the city may issue a display fireworks permit upon the determination that the following requirements are met:

1. The applicant has submitted a complete application for a display fireworks permit.

2. The applicant has obtained a city business license.

3. The applicant has obtained all of the required local, state and federal permits or approvals, including without limitation all permits required pursuant to Chapter 70.77 RCW.

C. Display Fireworks Permit Conditions. All display fireworks permits shall be subject to the terms and conditions of this chapter and the following conditions, regardless of whether such terms and conditions are expressly stated on the issued permit:

1. No use or discharge of display fireworks shall be conducted unless a display fireworks permit has been issued for that location and a copy of the permit is available for inspection at the site of use or discharge.

2. The sale of display fireworks is prohibited within the city of Blaine.

3. The permittee shall maintain a valid city business license.

4. The permittee shall comply with all local, state and federal regulations, including without limitation the terms of this chapter and Chapter 70.77 RCW. (Ord. 2789 § 1, 2011)

5.16.140 Display fireworks site specifications and operation.

All use and discharge display fireworks shall be permitted only from within a site and conditions as established in the applicable fireworks display permit. The use or discharge of display fireworks at any other location or time is prohibited. It is unlawful to sell any display fireworks in the city.

Sites for display fireworks use or discharge shall be subject to the following provisions:

A. All sites of display fireworks use and discharge will comply with existing local, state and federal regulations, including but not limited to Chapter 70.77 RCW and other rules established by the office of State Fire Marshal.

B. Each site and event shall be inspected by the city’s designated fire official, who shall require that those sites and events are prepared and conducted in a manner and place which ensures the safety of attendants and patrons. Safety-approved fire extinguishers shall be maintained at the use or discharge site at all times.

C. “No Smoking” signs shall be prominently displayed in the use or discharge area.

D. Each fireworks display shall be operated by adults only. No fireworks shall be left unattended in a display use or discharge site.

E. All unused stock, accompanying litter and accessories shall be removed from the location and the city by noon of the day following the use or discharge event. (Ord. 2789 § 1, 2011)

5.16.150 Unlawful sales or transfers of consumer fireworks – Penalty.

A. It is unlawful for any person to offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued.

B. No licensee may sell any fireworks to any person under the age of 16.

C. A violation of this section is a gross misdemeanor. (Ord. 2789 § 1, 2011)

5.16.152 Unlawful discharge or use of fireworks – Penalty.

It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor. (Ord. 2789 § 1, 2011)

5.16.154 Unlawful sale of display fireworks – Penalty.

It is unlawful for any person or entity to sell display fireworks within the city of Blaine. A violation of this section is a gross misdemeanor. (Ord. 2789 § 1, 2011)

5.16.156 Unlawful fireworks subject to impound.

Any firework offered for sale, sold, possessed, and/or used or discharged in violation of this chapter is deemed contraband and subject to impound and destruction by police or the city’s designated fire official. All costs related to the storage and destruction of impounded fireworks shall be the responsibility of the party from whom the fireworks were impounded. (Ord. 2789 § 1, 2011)

5.16.158 Other violations – Penalty.

It is unlawful for any person to offer for sale, sell, or exchange for consideration any consumer fireworks to a consumer or user in violation of the terms of this chapter or Chapter 70.77 RCW, and any subsequent amendments are adopted by reference.

Except for those sections above specified as gross misdemeanors, any person violating this chapter is guilty of a misdemeanor. (Ord. 2881 § 4, 2016; Ord. 2789 § 1, 2011; Ord. 1211 § 13, 1964; prior code § 7-413. Formerly 5.16.120)

5.16.160 Consequences of enforcement.

Any person charged with a crime under this chapter shall have been charged with a warrantable offense that requires a mandatory court appearance. The bail amount for any violation under this chapter shall be no less than $500.00 cash, posted in the defendant’s name. (Ord. 2881 § 5, 2016; Ord. 2816 § 2 (Exh. A), 2012)