Chapter 8.10
FIREWORKS
(Effective until September 19, 2024)
Sections:
8.10.020 Definitions – Delegation of authority.
8.10.030 Retail fireworks sales (effective until June 29, 2024).
8.10.030 Retail fireworks sales (effective after June 29, 2024).
8.10.040 Dangerous fireworks prohibited.
8.10.045 Temporary orders prohibiting discharge of fireworks (effective June 29, 2024).
8.10.050 Dates and hours when consumer fireworks discharge permitted.
8.10.010 Repealer.
Repealed by Ord. 22-631. (Ord. 03-210 § 1).
8.10.020 Definitions – Delegation of authority.
Definitions of terms used in this chapter shall be as set forth in Chapter 70.77 RCW and Chapter 212-17 WAC except as expressly provided herein.
A. Delegation of Authority. Pursuant to RCW 70.77.270, the city council hereby designates the East Pierce Fire and Rescue fire chief, or his or her designee as the person with authority to issue, condition, deny and/or revoke permits pursuant to this chapter, and to enforce the provisions hereof.
B. Local Fire Official Defined. The terms “local fire official” or “fire chief” as used in this chapter shall mean the chief of East Pierce Fire and Rescue or his or her designee. (Ord. 16-473 § 2; Ord. 14-417 § 1; Ord. 03-210 § 2).
8.10.030 Retail fireworks sales (effective until June 29, 2024).
A. Retail Fireworks Sales. Retail sales of fireworks within the city of Edgewood shall comply with the provisions of this section and all applicable requirements of Chapter 70.77 RCW and Chapter 212-17 WAC, which are hereby adopted by this reference and incorporated herein as if set forth in full, as the same now exists or as may be subsequently amended. The provisions set forth in this section are expressly intended to supplement, rather than supersede, the applicable provisions of Chapter 70.77 RCW and Chapter 212-17 WAC.
B. State License and City Permit Required.
1. Pursuant to Chapter 70.77 RCW and this chapter, a permit issued by the city of Edgewood shall be required for any retail sale of fireworks within the city.
2. No permit authorizing the retail sale of fireworks shall be issued until:
a. A license issued by the Washington State Patrol pursuant to Chapter 70.77 RCW is filed with the city of Edgewood; and
b. A certificate of insurance or bond, as required by this chapter and Chapter 70.77 RCW, has been filed with the city of Edgewood.
C. Inspection Required. Prior to the issuance of a permit under this section, the fire chief shall perform an inspection of any temporary stand or other structure intended for retail activity to determine whether such structure complies with all applicable requirements set forth in the RCW, the WAC and local regulations. No permit shall be issued unless and until such compliance is verified.
D. Permit Fee. The annual permit fee for the retail sale of fireworks shall be set forth in the city of Edgewood fee schedule.
E. Permit Application. An application for a permit authorizing the retail sale of fireworks shall be made in writing to the city of Edgewood on a form provided by the city no later than May 20th of the year for which the permit is sought.
F. Permit Decision – Conditions. Within the timeframes established by RCW 70.77.270, the fire chief shall issue a written report of findings and a decision granting or denying a permit application under this section. To the extent consistent with applicable state law and local regulations, the fire chief may place reasonable conditions on any permit issued in order to protect the public health, safety or welfare. Any decision denying a permit application shall include a written statement of reasons supporting such denial. The duration of any permit issued under this section shall be as established by RCW 70.77.345.
G. Certificate of Insurance.
1. As a condition of the issuance of any permit required by this chapter, and at all times during the retail sale of fireworks pursuant to a permit issued under this section, every retailer shall obtain at its sole expense and maintain in effect a bond or insurance in the amounts required by RCW 70.77.270, 70.77.285 and 70.77.295 and as directed by the city of Edgewood. The city of Edgewood shall approve the bond or insurance only if it meets the requirements of this section.
2. Any such certificate of insurance or bond shall provide that:
a. The insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the city of Edgewood and the Chief of the Washington State Patrol through the director of fire protection;
b. The city of Edgewood, its employees, officers, agents, volunteers, and officials are included as additional insureds.
H. Retail Fireworks Stands. Prior to opening for business, a stand or other structure from which retail sales of fireworks will occur must be inspected and approved by the fire chief or his or her designee. Inspections shall not be conducted until the retailer has submitted to the fire chief the following:
1. A temporary use permit issued by the city of Edgewood in accordance with EMC 18.50.070;
2. A city of Edgewood business license;
3. A copy of the state license pursuant to Chapter 70.77 RCW;
4. Proof of insurance as required by this section.
I. Responsibility. All retailers of fireworks shall be solely responsible for operating in a manner that is safe and responsible and in full compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this section shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner.
J. Retail Sales Period. No fireworks shall be sold or offered for sale at retail within the city except as follows each year:
1. From 12:00 noon to 11:00 p.m. on the twenty-eighth of June;
2. From 9:00 a.m. to 11:00 p.m. on each day from the twenty-ninth of June through the fifth of July;
3. From 12:00 noon to 11:00 p.m. on each day from the twenty-seventh of December through the thirty-first of December;
4. Or as provided in RCW 70.77.311.
K. Location of Retail Sales. It is unlawful for any person to offer for sale retail fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to offer for sale retail fireworks on city property that is owned by the city without the express written permission of the city council.
L. Number of Stands. The maximum number of permits that may be issued pursuant to this chapter shall not exceed one license for each 2,500 residents of the city, according to the last official census or the last estimate of the state’s census board. No person, firm, corporation or charitable organization shall receive more than one permit for the sale of fireworks from the city during the same calendar year.
M. Violations. Without prejudice to any other penalties and remedies, violation of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of a retailer to obey any rule, regulation or request of the fire chief, shall be grounds for the revocation of a fireworks permit. Such revocation shall be grounds for denial of any permit application submitted by the permittee during or otherwise pertaining to the calendar year immediately following the year in which such revocation occurs.
N. Appeal of Permit Denial or Revocation. A retailer whose application for a permit under this section has been denied, or whose permit has been conditioned or revoked, may appeal in writing to the fire chief. The appeal shall be based solely upon written statements, information and/or evidence provided by the retailer and information obtained or held by the fire chief and no hearing shall be required. The determination of the fire chief of the appeal shall be issued in writing within 10 days of receiving the appeal and shall be final. (Ord. 23-652 § 17; Ord. 16-473 § 3; Ord. 14-417 § 2 (Exh. A); Ord. 03-210 § 3).
8.10.030 Retail fireworks sales (effective after June 29, 2024).
A. Retail Fireworks Sales. Retail sales of fireworks within the city of Edgewood shall comply with the provisions of this section and all applicable requirements of Chapter 70.77 RCW and Chapter 212-17 WAC, which are hereby adopted by this reference and incorporated herein as if set forth in full, as the same now exists or as may be subsequently amended. The provisions set forth in this section are expressly intended to supplement, rather than supersede, the applicable provisions of Chapter 70.77 RCW and Chapter 212-17 WAC.
B. State License and City Permit Required.
1. Pursuant to Chapter 70.77 RCW and this chapter, a permit issued by the city of Edgewood shall be required for any retail sale of fireworks within the city.
2. No permit authorizing the retail sale of fireworks shall be issued until:
a. A license issued by the Washington State Patrol pursuant to Chapter 70.77 RCW is filed with the city of Edgewood; and
b. A certificate of insurance or bond, as required by this chapter and Chapter 70.77 RCW, has been filed with the city of Edgewood.
C. Inspection Required. Prior to the issuance of a permit under this section, the fire chief shall perform an inspection of any temporary stand or other structure intended for retail activity to determine whether such structure complies with all applicable requirements set forth in the RCW, the WAC and local regulations. No permit shall be issued unless and until such compliance is verified.
D. Permit Fee. The annual permit fee for the retail sale of fireworks as authorized pursuant to this section shall be $75.00 per year, payable in advance.
E. Permit Application. An application for a permit authorizing the retail sale of fireworks shall be made in writing to the city of Edgewood on a form provided by the city no later than May 20th of the year for which the permit is sought.
F. Permit Decision – Conditions. Within the timeframes established by RCW 70.77.270, the fire chief shall issue a written report of findings and a decision granting or denying a permit application under this section. To the extent consistent with applicable state law and local regulations, the fire chief may place reasonable conditions on any permit issued in order to protect the public health, safety or welfare. Any decision denying a permit application shall include a written statement of reasons supporting such denial. The duration of any permit issued under this section shall be as established by RCW 70.77.345.
G. Certificate of Insurance.
1. As a condition of the issuance of any permit required by this chapter, and at all times during the retail sale of fireworks pursuant to a permit issued under this section, every retailer shall obtain at its sole expense and maintain in effect a bond or insurance in the amounts required by RCW 70.77.270, 70.77.285 and 70.77.295 and as directed by the city of Edgewood. The city of Edgewood shall approve the bond or insurance only if it meets the requirements of this section.
2. Any such certificate of insurance or bond shall provide that:
a. The insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the city of Edgewood and the Chief of the Washington State Patrol through the director of fire protection;
b. The city of Edgewood, its employees, officers, agents, volunteers, and officials are included as additional insureds.
H. Retail Fireworks Stands. Prior to opening for business, a stand or other structure from which retail sales of fireworks will occur must be inspected and approved by the fire chief or his or her designee. Inspections shall not be conducted until the retailer has submitted to the fire chief the following:
1. A temporary use permit issued by the city of Edgewood in accordance with EMC 18.50.070;
2. A city of Edgewood business license;
3. A copy of the state license pursuant to Chapter 70.77 RCW;
4. Proof of insurance as required by this section.
I. Responsibility. All retailers of fireworks shall be solely responsible for operating in a manner that is safe and responsible and in full compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this section shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner.
J. Retail Sales Period. No fireworks shall be sold or offered for sale at retail within the city except as follows each year:
1. From 12:00 noon to 11:00 p.m. on the twenty-eighth of June;
2. From 9:00 a.m. to 11:00 p.m. on each day from the twenty-ninth of June through the fourth of July;
3. From 9:00 a.m. to 9:00 p.m. on July 5th;
4. From 12:00 noon to 11:00 p.m. on each day from the twenty-seventh of December through the thirty-first of December;
5. Or as provided in RCW 70.77.311.
K. Location of Retail Sales. It is unlawful for any person to offer for sale retail fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to offer for sale retail fireworks on city property that is owned by the city without the express written permission of the city council.
L. Number of Stands. The maximum number of permits that may be issued pursuant to this chapter shall not exceed one license for each 2,500 residents of the city, according to the last official census or the last estimate of the state’s census board. No person, firm, corporation or charitable organization shall receive more than one permit for the sale of fireworks from the city during the same calendar year.
M. Violations. Without prejudice to any other penalties and remedies, violation of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of a retailer to obey any rule, regulation or request of the fire chief, shall be grounds for the revocation of a fireworks permit. Such revocation shall be grounds for denial of any permit application submitted by the permittee during or otherwise pertaining to the calendar year immediately following the year in which such revocation occurs.
N. Appeal of Permit Denial or Revocation. A retailer whose application for a permit under this section has been denied, or whose permit has been conditioned or revoked, may appeal in writing to the fire chief. The appeal shall be based solely upon written statements, information and/or evidence provided by the retailer and information obtained or held by the fire chief and no hearing shall be required. The determination of the fire chief of the appeal shall be issued in writing within 10 days of receiving the appeal and shall be final. (Ord. 23-645 § 2 (Exh. A); Ord. 16-473 § 3; Ord. 14-417 § 2 (Exh. A); Ord. 03-210 § 3).
8.10.040 Dangerous fireworks prohibited.
It is unlawful for any person to possess, use, or explode any fireworks other than consumer fireworks, as defined in RCW 70.77.136, as now exists or as hereafter may be amended, within the city of Edgewood. (Ord. 03-210 § 4).
8.10.045 Temporary orders prohibiting discharge of fireworks (effective June 29, 2024).
A. The Pierce County fire marshal, in consultation with the Edgewood mayor, is authorized to issue a temporary order prohibiting the discharge of consumer fireworks in the city of Edgewood when the conditions of subsection (B) of this section have been reached or exceeded. A violation of the temporary fireworks order is a violation under EMC 8.10.080.
B. The Pierce County fire marshal shall promptly notify the Edgewood mayor any time the fuel moisture content of the 10-hour fuels is below eight as determined by the Pierce County fire marshal from six different geographic locations in the county. (Ord. 23-645 § 1 (Exh. A)).
8.10.050 Dates and hours when consumer fireworks discharge permitted.
A. Restrictions on Times for Discharge. The discharge of consumer fireworks is prohibited at any time except between the hours of 9:00 a.m. and 12:00 a.m. on the Fourth of July and between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year. Provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state; and provided further, that this prohibition shall not apply to persons or organizations specified in EMC 8.10.070. (Ord. 16-473 § 4; Ord. 04-225 § 2; Ord. 03-210 § 5).
8.10.060 Hours of discharge.
Repealed by Ord. 04-225. (Ord. 03-210 § 6).
8.10.070 Public display.
Public display of fireworks shall be in accordance with Chapter 70.77 RCW and Chapter 212-17 WAC and the following:
A permit will be required for all public displays of fireworks. Any person desiring to put on a public display of fireworks shall apply in writing to the mayor for a permit at least 30 days in advance of the proposed display. The applicant shall submit information and evidence concerning the following:
A. The name of the organization sponsoring the display, if other than the applicant;
B. The date the display is to be held;
C. The exact location for the display;
D. The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks, and the name of at least one experienced assistant;
E. The number of set pieces, shells (specify single or multiple break), and other items;
F. The manner and place of storage of such fireworks prior to the display;
G. A diagram of the ground on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction;
H. Applicant shall procure and maintain public liability insurance with limits of not less than $1,000,000 for bodily injury to any one person in one accident or occurrence; $2,000,000 for bodily injury to two or more persons in any one accident or occurrence; and $500,000 property damage; or, at the option of the applicant, a combined single limit of $2,000,000 per occurrence. The insurance policy shall name the city as an additional assured and shall contain a provision that it will not be cancelled or reduced without 30 days’ advance written notice to the city. The applicant shall also procure a State Fire Marshal’s general license for the public display of fireworks;
I. The fee for each permit for public display of fireworks shall be as set forth in the city of Edgewood fee schedule. (Ord. 23-652 § 18 (Exh. A); Ord. 15-447 § 1 (Exh. A); Ord. 03-210 § 7).
8.10.080 Penalties.
A. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction and shall be assessed a civil penalty of $250.00 for each and every day of violation. Any violation of this chapter which also constitutes a violation of state law shall also be punishable in accordance with any and all applicable state law penalties, including without limitation the provisions of Chapter 70.77 RCW.
B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter.
C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city’s fire code official or designee to the extent permitted by law. (Ord. 24-660 § 7 (Exh. B); Ord. 16-473 § 5; Ord. 03-210 § 9).