Chapter 8.10
FIREWORKS1

Sections:

8.10.010    Definitions.

8.10.015    Sale and discharge of fireworks prohibited.

8.10.020    Repealed.

8.10.030    Application for permit.

8.10.035    Repealed.

8.10.040    Repealed.

8.10.050    Permit – Conditions – Appeal.

8.10.060    License required prior to issuance of permit.

8.10.070    Public display permit – Granted for exclusive purpose – Nontransferable.

8.10.080    Supervision of public displays.

8.10.090    Permit – Authorized activities of employees.

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

8.10.110    Special effects for entertaining media.

8.10.120    Nonprohibited acts – Signal purposes, forest protection.

8.10.130    Revocation or suspension of permit.

8.10.140    –

8.10.190    Repealed.

8.10.200    Standards for public fireworks displays.

8.10.220    Penalties for violation.

8.10.230    Violation a separate, continuing offense.

8.10.010 Definitions.

Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the term found in this chapter:

A. “Fireworks” means any fireworks as defined in RCW 70.77.126 as now existing or hereafter amended.

B. “Special fireworks” means any fireworks as defined in RCW 70.77.131 as now existing or hereafter amended.

C. “Common fireworks” means any fireworks as defined in RCW 70.77.136 as now existing or hereafter amended.

D. “Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior and/or the Washington State Department of Game.

E. “Public display of fireworks” means an entertainment feature where the public is admitted and permitted to view the display or discharge of special fireworks.

F. “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinguishment of fire.

G. “License” means a nontransferable formal authorization which the State Fire Marshal is permitted to issue under RCW Chapter 70.77 to engage in the acts specifically designated therein.

H. “Permit” means the official permission granted by the city for the purpose of doing any act which is regulated by this chapter.

I. “Person” 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.

J. “Manufacturer” includes any person who manufactures, makes, constructs, fabricates or produces any fireworks articles or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks.

K. “Wholesaler” includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees.

L. “Retailer” includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.

M. “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 fireworks.

N. “Fire chief” means the chief administrative officer of the entity providing fire protection services for the city. (Ord. 1369 § 2, 2008; Ord. 783 § 1 (part), 1986).

8.10.015 Sale and discharge of fireworks prohibited.

No person shall offer for retail sale or sell any fireworks within the city. Except as authorized by a state license and permit granted pursuant to this chapter pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by individual or group for religious or other specified purpose on approved date and at approved location), no person shall ignite, explode or discharge any fireworks within the city. (Ord. 1369 § 3, 2008).

8.10.020 Acts prohibited without a permit.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.030 Application for permit.

A. Any person desiring to do any act set forth in Section 8.10.020 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and it the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.

The application shall be in such form as the fire chief shall require and shall include, as a minimum, the following information:

1. The true name, address and telephone number of the applicant;

2. A statement by the applicant that he or she is over the age of eighteen years of age;

3. A statement as to whether the applicant possesses a license issued by the state fire marshal to do the act for which the permit is sought, and the current status of the said license;

4. The proposed location at which the applicant intends to perform the act for which the permit is sought; and

5. Such other information as the fire chief may require in order to make any investigation or report required by this chapter.

B. All applications for permits pursuant hereto shall be accompanied by a nonrefundable permit fee, to cover the administrative costs for processing and inspection, in such amount as shall be set by the city council by resolution, not to exceed one hundred dollars.

C. All applications for permits pursuant hereto other than public display permits shall be accompanied by a certificate of insurance as evidence that the applicant carries a comprehensive general liability insurance policy written on an “occurrence basis” and not a “claims made basis” with minimum coverage of one million dollars for bodily injury liability for each person and event, and not less than one million dollars for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without thirty days’ written notice to the city. Said policy and certificate shall be in a form approved by the city attorney.

D. Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display.

E. Except as provided by RCW 70.77.355, all applications for a permit for the public display of fireworks shall be accompanied by a bond or certificate of insurance meeting the requirements of RCW 70.77.285 and 70.77.295, as now stated or hereafter amended. (See Section 8.10.200 for additional application requirements for public displays.) (Ord. 783 § 1 (part), 1986).

8.10.035 Application for seller’s permit – Conditions for issuance.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.040 Investigation, report on permit application.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.050 Permit – Conditions – Appeal.

A. The fire chief shall grant a permit authorized pursuant to this chapter, or may subject the issuance of a permit to such reasonable conditions as the fire chief reasonably finds are necessary for the protection of the public health, safety or welfare. The fire chief shall deny any application which contains a material misrepresentation or if the fire chief finds that the public health, safety or welfare would be adversely affected by granting the permit. Considerations regarding the public health, safety or welfare shall include:

1. Whether the activity and structure housing the activity, if any, will be in compliance with all applicable zoning, building, fire and other ordinances and regulations;

2. Danger of fire or explosion associated with the place designated in the application;

3. Adequacy of fire extinguishing equipment to be kept available at such place;

4. Experience and training of the applicant relevant to safety of the activity;

5. Compatibility of use with surrounding land uses, particularly such uses as hospitals, retirement centers, nursing homes, daycare facilities, and other uses which might by disrupted by the activity; or

6. Considerations by any standard established by this chapter.

B. Appeal of the decision of the fire chief shall be to the city council, as set out in Section 8.10.130. (Ord. 1369 § 4, 2008: Ord. 783 § 1 (part), 1986).

8.10.060 License required prior to issuance of permit.

No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to RCW Chapter 70.77, to do the particular act or acts for which the permit is sought. (Ord. 783 § 1 (part), 1986).

8.10.070 Public display permit – Granted for exclusive purpose – Nontransferable.

If a permit for the 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. (Ord. 783 § 1 (part), 1986).

8.10.080 Supervision of public displays.

Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief and licensed by the State Fire Marshal. (Ord. 783 § 1 (part), 1986).

8.10.090 Permit – Authorized activities of employees.

The authorization to engage in the particular act or acts as conferred by a permit to a person all extend to employees of such person, provided all such employees are eighteen years of age or older, unless a higher age requirement is imposed upon the licensee by this chapter in which case such requirement shall apply to employees, and provided that Section 8.10.080 governing public displays shall be complied with. (Ord. 783 § 1 (part), 1986).

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

This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter from manufacturing or selling any kind of fireworks for direct shipment out of this state. (Ord. 783 § 1 (part), 1986).

8.10.110 Special effects for entertaining media.

This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use such fireworks. (Ord. 783 § 1 (part), 1986).

8.10.120 Nonprohibited acts – Signal purposes, forest protection.

This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 783 § 1 (part), 1986).

8.10.130 Revocation or suspension of permit.

A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

1. Violated any of the provisions of this chapter or any permit condition imposed by the city council, or if such a violation has been committed by any of his servants, agents or employees

2. Violated any provision of RCW Chapter 70.77;

3. Made any false statement or misrepresentation of fact in connection with obtaining the permit;

4. Failed to obtain, or has had suspended or revoked, any license required by RCW Chapter 70.77 or this chapter; or

5. Had any insurance coverage required by this chapter canceled, revoked or lapsed;

or if circumstances affecting public safety are discovered which, if known at the time of application for their permit, would have justified denial of the application.

B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit in writing of such determination. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective after the permittee has been given reasonable opportunity to respond to the notice and the fire chief has considered whether such response merits withdrawal of his determination. The opportunity to respond may be informal. A formal hearing prior to suspension or revocation is not required. When the fire chief determines that a significant, imminent threat to public safety is caused by continued operation under the permit and that the circumstances do not allow delay, the permit may be immediately suspended on a temporary opportunity to respond as set forth above. Permanent revocation of a permit shall not be implemented prior to giving the permittee an opportunity to be heard in opposition to such action.

C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this chapter shall be appealable to the city council. A written notice of appeal stating specifically the errors which are claimed to justify overturning the action of the fire chief shall be filed with the city clerk. The appeal shall be considered at the next regular meeting following filing of the notice of appeal unless the permittee consents to a later hearing. At such meeting, the decision of the fire chief shall be upheld unless it is shown that the fire chief’s decision was clearly erroneous under the circumstances. Any appeal or other request for judicial review of the decision of the city council not filed with the Chelan County superior court and served on the city within ten days of the council’s decision shall be barred.

D. In the event of any conflict between this section and Section 8.10.200 governing standards for public fireworks displays, said section shall control over the provisions of this section. (Ord. 1369 § 5, 2008; Ord. 783 § 1 (part), 1986).

8.10.140 Reckless discharge prohibited.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.150 Unlawful fireworks sales.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.160 Restriction upon sale of fireworks within city.

Repealed by Ord. 1369. (Ord. 815 § 1, 1987: Ord. 783 § 1 (part), 1986).

8.10.170 Fireworks sales – Location.

Repealed by Ord. 1369. (Ord. 815 § 2, 1987; Ord. 783 § 1 (part), 1986).

8.10.180 Discharge of fireworks prohibited at certain locations.

Repealed by Ord. 1369. (Ord. 783 § 1 (part), 1986).

8.10.190 Dates and time use of fireworks permitted.

Repealed by Ord. 1369. (Ord. 1217 § 1, 2001: Ord. 1087 § 1, 1997: Ord. 948 § 2, 1992: Ord. 783 § 1 (part), 1986).

8.10.200 Standards for public fireworks displays.

All public fireworks displays shall conform to the following minimum standards and conditions:

A. For all public fireworks displays the display itself must be planned, organized and discharged by a state-licensed pyrotechnician.

B. A permit must be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the pyrotechnician and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.

C. A scaled drawing shall be submitted to the fire marshal showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.

D. A city fire department pumper and a minimum of two trained city firefighters shall be on-site thirty minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association’s fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association’s fee schedule and shall be revenue to the city’s general fund.

E. All combustible debris and trash shall be removed from the area of discharge for a distance of five hundred feet in all directions.

F. All unfired or “DUD” fireworks shall be disposed of in a safe manner.

G. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.

H. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may also be canceled due to accidental ignition of any combustible material in the vicinity of the display. (Ord. 783 § 1 (part), 1986).

8.10.220 Penalties for violation.

Any person violating any of the provisions of this chapter shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows:

A. Unlawful possession of fireworks weighing less than one pound, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed ninety days, and/or payment of a fine not to exceed one thousand dollars.

B. Unlawful possession of fireworks weighing one pound or more, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed one year, and/or payment of a fine not to exceed five thousand dollars.

C. Violation of the prohibition upon use or discharge of fireworks in a reckless manner shall be punishable by imprisonment for a period of not more than one year and/or payment of a fine not to exceed five thousand dollars.

D. A violation of the restrictions upon the sale of fireworks set forth in this chapter shall be punishable by imprisonment for a period of not to exceed one year and/or payment of a fine not to exceed five thousand dollars.

E. Any other violation of the provisions of this chapter shall be punishable by imprisonment of up to ninety days and/or payment of a fine not to exceed one thousand dollars. (Ord. 783 § 1 (part), 1986).

8.10.230 Violation a separate, continuing offense.

A person commits a separate offense for each day during which he commits, continues, or permits a violation of any provision of this chapter. (Ord. 783 § 1 (part), 1986).


1

Prior ordinance history: Ord. 761.