Chapter 5.14
FIREWORKS

Sections:

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

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

5.14.030    Local fire official – Defined.

5.14.040    Designee – Director of planning and community development.

5.14.045    “Consumer fireworks” and “display fireworks” – Additional definitions.

5.14.050    State license and city permit required.

5.14.055    Inspections.

5.14.060    Copy of license and permit to be filed.

5.14.070    Certificate of insurance required.

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

5.14.090    Permit required for sales – Application.

5.14.100    Retail fireworks temporary structures.

5.14.110    Sale and discharge of fireworks.

5.14.120    Special purchase and use permits.

5.14.130    Permit for public display.

5.14.135    Permit fees.

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

5.14.150    Permit revocation.

5.14.160    Penalty.

5.14.170    Emergency prohibition of fireworks sale and/or use.

5.14.180    Severability.

5.14.010 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 – “Display fireworks.”

70.77.136    Definitions – “Consumer fireworks.”

70.77.138    Definitions – “Articles pyrotechnic.”

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.”

70.77.182    Definitions – “Permittee.”

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.”

70.77.241    Definitions – “Permanent storage” – “Temporary storage.”

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 – Statewide 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    Permanent storage permit required – Application – Investigation – Grant or denial – Conditions.

70.77.425    Approved permanent 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 display fireworks – Penalty.

70.77.515    Unlawful sales or transfers of consumer 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    Articles pyrotechnic, 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 consumer fireworks.

(Ord. 1451 § 1, 2013; Ord. 1235 § 2, 2007).

5.14.020 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 Bonney Lake. (Ord. 1235 § 2, 2007).

5.14.030 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 (or his designee) of East Pierce Fire and Rescue. The “fire marshal” referred to in this chapter shall mean the fire marshal of East Pierce Fire and Rescue. (Ord. 1235 § 2, 2007).

5.14.040 Designee – Director of planning and community development.

Pursuant to RCW 70.77.270, the city council hereby designates the director of planning and community development (or his or her qualified designee) as the person with authority, subject to the concurrence of the local fire official, to grant or deny permits that are sought pursuant to this chapter. (Ord. 1235 § 2, 2007).

5.14.045 “Consumer fireworks” and “display fireworks” – Additional definitions.

A. The term “consumer 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.

B. The term “display 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. 1235 § 2, 2007).

5.14.050 State license and city permit required.

A. Pursuant to Chapter 70.77 RCW and this chapter, a permit issued by the community development director or his or her designee shall be required for any activity enumerated in RCW 70.77.255(1).

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

1. A license issued by the Chief of the Washington State Patrol pursuant to RCW 70.77.305 through 70.77.375 is filed with the local fire official or his or her designee; and

2. A certificate of insurance as required by BLMC 5.14.070 and Chapter 70.77 RCW is filed. (Ord. 1451 § 2, 2013; Ord. 1235 § 2, 2007).

5.14.055 Inspections.

Prior to the issuance of any permit, and at any time thereafter during its permitted use, the local fire official or his or her designee may 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, or remain in effect, unless such structures or buildings comply with applicable laws and the Bonney Lake Municipal Code. (Ord. 1235 § 2, 2007).

5.14.060 Copy of license and permit to be filed.

Any person who obtains a license and permit as required by this chapter shall file with the police and local fire official a copy of each license and permit for such activity required by Chapter 70.77 RCW. (Ord. 1451 § 3, 2013; Ord. 1235 § 2, 2007).

5.14.070 Certificate of insurance required.

A. 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 Bonney Lake 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 director of planning and community development shall approve the bond or insurance if it meets the requirements of this section.

B. 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:

1. The insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the director of planning and community development of the city of Bonney Lake and the Chief of the Washington State Patrol through the local fire official; and

2. The city of Bonney Lake, its employees, officers, agents, volunteers, and officials are included as additional insured; and

3. The city of Bonney Lake is not responsible for any premiums or assessments on the policy.

C. Nothing in this section shall relieve any person of the insurance requirements in Chapter 70.77 RCW. (Ord. 1235 § 2, 2007).

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

A. All retailers of fireworks and 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 ordinances 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 ordinances 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 Bonney Lake of the activity engaged in.

B. 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. The person permitted for or 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. 1235 § 2, 2007).

5.14.090 Permit required for sales – Application.

A. An application for a permit to sell fireworks shall be made in writing to the community development director (normally processed at the permit center, on forms provided for that purpose) from January 2nd through January 31st of the year for which the permit is sought. Permit fees, inspection, and site plan review charges shall be charged as required by resolution of the city council. The applicant shall include with the application the following:

1. A completed Bonney Lake business license application and fee; and

2. A copy of the signed and approved State License Application for Retail Firework Temporary Structure Permit; and

3. A copy of the signed and approved Washington State Patrol Fire Protection Bureau, Office of the State Fire Marshal-issued Fireworks Temporary Structure License Permit (with printed permit number); and

4. A copy of the lease agreement or permission from the property owner for the site location; and

5. A site plan diagram of the proposed sale location; and

6. A certificate of insurance as required by BLMC 5.14.070.

The community development director or his or her designee shall deny or grant any such application in writing by March 10th of the year for which the permit is sought. The community development director or his or her designee may place reasonable conditions on any permit issued. The person applying for a permit may ask in writing that the community development director reconsider the denial of the permit or the conditions of the permit. Reconsideration shall be based solely upon written information provided by the applicant and information obtained or held by community development director, and no hearing shall be required. The determination of the community development director on the request for reconsideration shall be final.

B. Corporations, firms, groups, clubs, and organizations applying for a permit to sell fireworks shall designate an individual sponsor to complete the application and ensure that all applicable regulations and permit conditions are followed. No person, corporation, firm, group, club, or organization, as an applicant or sponsor, shall receive more than one permit from the city for the sale of fireworks during any one calendar year. The permit application shall contain the address of the applicant and sponsor and be signed by the sponsor. The maximum number of permits that may be issued pursuant to this chapter shall not exceed one permit for each 2,500 residents of the city, according to the last official census or the last estimate of the state’s Census Board. A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail fireworks stand.

C. If there are more applications for permits than the maximum number of permits that may be issued pursuant to this chapter, the community development director or his or her designee shall issue permits in the order received with priority given to nonprofit organizations, service clubs, school groups, religious, or charitable organizations located in the city. For the purpose of this chapter, “nonprofit organizations, service clubs, school groups, religious, or charitable organizations” shall be defined as an organization designated as a nonprofit entity by the United States Internal Revenue Service, a primary organization with an identified and accepted public purpose, and/or an organization created under the auspices of a primacy organization with an identified and accepted public purpose. For the purposes of this chapter, separate chapters of an organization shall be considered the same person, firm, or corporation.

D. Transfer to any other person, corporation, firm, group, club, or organization by the permit holder of the permit issued by the city shall be deemed void and a violation of this chapter. (Ord. 1536 § 1, 2016; Ord. 1451 § 4, 2013; Ord. 1235 § 2, 2007).

5.14.100 Retail fireworks temporary structures.

The following requirements shall apply to the operation of retail fireworks temporary structures:

A. Prior to opening for business, a temporary retail sales fireworks structure must be inspected and approved by the fire marshal.

B. Inspections of temporary structures shall not be conducted until the local fire official is notified by the temporary structure operator that the temporary structure is configured in the manner intended for opening for business.

C. Temporary structures shall comply with all requirements of WAC 212-17-21505, 212-17-21509, 212-17-21511, 212-17-21513, 212-17-21515 and 212-17-21517. Where there are practical difficulties in achieving compliance, and alternatives are sought that do not compromise public safety, the permit holder shall fully inform the police and fire chiefs in writing of the noncompliance issue and seek a written approval of the alternative proposed.

D. Retail temporary fireworks structures shall be allowed only in the C-2, midtown core, and Eastown zoning districts. (Ord. 1451 § 5, 2013; Ord. 1235 § 2, 2007).

5.14.110 Sale and discharge of fireworks.

A. 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 consumer fireworks.

B. No consumer 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 11:00 p.m. on the fourth day of July of each year. No consumer fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m.

C. It is unlawful for a person to ignite, discharge, use or explode any consumer fireworks except between the hours of 9:00 a.m. and 12:00 midnight on July 4th; and between 6:00 p.m. on December 31st and 1:00 a.m. on January 1st.

D. 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 from the city. 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. Violation of this subsection shall constitute 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.

E. During hours of operation, the operator of a retail sales fireworks temporary structure shall prominently post a sign quoting the text of subsections B and C of this section at every point where a sales transaction is completed. (Ord. 1536 § 2, 2016; Ord. 1235 § 2, 2007).

5.14.120 Special purchase and use permits.

A. Religious organizations or private organizations or persons may purchase or use consumer fireworks on dates and at times other than that specified in BLMC 5.14.110 if such fireworks are:

1. Purchased from a manufacturer, importer or wholesaler licensed pursuant to Chapter 70.77 RCW;

2. A special use permit is obtained from the director of planning and community development or his or her designee;

3. For use on dates and locations prescribed in the special use permit; and

4. For religious or specific purposes.

B. Applications for a permit required under this section shall be made in writing to the director of planning and community development or his or her designee on forms provided for that purpose [cannot charge a fee under RCW 70.77.311]. The fire marshal 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 director of planning and community development or his or her designee may grant or deny such permit and may place reasonable conditions on any permit issued. A copy of the permit, upon issuance, shall be provided to the chief of police by the director or his designee.

C. 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.

D. The permit holder shall, no less than two days prior to the display, notify city residents within 500 feet of the display of the display location(s) and time(s). This requirement may be waived by the director of planning and community development for displays that have been widely publicized in community newspapers. (Ord. 1235 § 2, 2007).

5.14.130 Permit for public display.

A. An application to make a public display of fireworks (as defined in RCW 70.77.160) shall be made in writing to the director of planning and community development 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.

B. The fire marshal 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.

C. If the director of planning and community development 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.

D. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the director of planning and community development. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the director of planning and community development, and no hearing shall be required. The determination by the director of planning and community development of the appeal shall be final.

E. The permit holder shall, no less than two days prior to the display, notify city residents within 500 feet of the display of the display location(s) and time(s). Such notification may be in writing, in person, via e-mail, or other authorized means. This requirement may be waived by the director of planning and community development for displays that have been widely publicized in community newspapers. (Ord. 1235 § 2, 2007).

5.14.135 Permit fees.

The annual permit fee for the sale of fireworks as authorized under BLMC 5.14.090 shall be the amount set forth in Chapter 3.68 BLMC as a temporary use permit for a business. The city council finds that this fee is necessary to cover the actual administrative costs of processing, inspection, and issuance of the permit.

The annual permit fee for the public display of fireworks as authorized under BLMC 5.14.130 shall be the amount set forth in Chapter 3.68 BLMC as a temporary use permit for an event; provided, that any amount of this fee not necessary to cover actual costs of processing, inspection, and issuance of the permit shall be reimbursed to the applicant. No permit fee shall be required for special use permits authorized under BLMC 5.14.120. (Ord. 1536 § 3, 2016; Ord. 1238 § 1, 2007).

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

A. 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, through action by the Bonney Lake police department, agrees to confiscate and destroy the fireworks subject to seizure.

B. An agreement made pursuant to this section vests all right, title and possession in the fireworks with the Bonney Lake chief of police. The fireworks may be immediately destroyed or otherwise disposed of at the discretion of the Bonney Lake chief of police or his or her designee. (Ord. 1235 § 2, 2007).

5.14.150 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 permit holder 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. 1235 § 2, 2007).

5.14.160 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 class 1 civil infraction pursuant to Chapter 7.80 RCW. A person is guilty of a separate offense for each 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 additional means. (Ord. 1536 § 4, 2016; Ord. 1235 § 2, 2007).

5.14.170 Emergency prohibition of fireworks sale and/or use.

Upon recommendation of the mayor, the city council of the city of Bonney Lake may issue a city-wide or site-specific temporary emergency order prohibiting the sale and/or use of fireworks. Said recommendation shall be based on a reasonable and articulable belief that conditions exist where use or sale of fireworks threatens public safety or poses a severe wildland or woodland fire hazard. Prior to making the recommendation, the mayor shall consult with local law enforcement and fire officials for best available public safety information pertinent to the conditions. Said information shall be communicated to city council as part of the mayor’s recommendation. The temporary emergency order shall specify the time period it shall be in effect. The emergency order may be cancelled by the city council prior to its expiration date, based on information from the local law enforcement and fire officials as to prevailing conditions. (Ord. 1235 § 2, 2007).

5.14.180 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. 1235 § 2, 2007).