Chapter 13.12
FIREWORKS
Sections:
13.12.040 Licensing of retail outlets.
13.12.060 Retail sales and discharge of fireworks.
13.12.065 Public display of fireworks.
13.12.090 Violations – Penalty.
13.12.010 Scope.
This chapter shall apply to the manufacture, possession, storage, sale, transportation, and use of fireworks. (Ord. 1133 § 2, 1996).
13.12.020 Definitions.
Unless the context requires otherwise, the terms as used in this chapter shall have the following meanings:
(a) “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 United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as U.N. 0335 1.3G or U.N. 0335 1.4G as of April 17, 1995.
(b) “Common fireworks” means any fireworks designed primarily for retail sale to the public during prescribed dates and which produce visual or audible effects through combustion and are classified as common fireworks by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated as U.N. 0336 1.4G as of April 17, 1995. For the purposes of this chapter, common fireworks shall also be limited to those specific devices designated by the Chief of the Washington State Patrol as outlined in RCW 70.77.575.
(c) “Special fireworks” means any fireworks designed primarily for retail sale to the public during prescribed dates and which produce visual or audible effects through combustion and are classified as common fireworks by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated as U.N. 0366 1.4G as of April 17, 1995. (Ord. 1133 § 2, 1996).
13.12.030 Permits.
(a) Permits shall be obtained:
(1) To possess or store fireworks of any kind;
(2) To discharge special fireworks;
(3) To transport any fireworks; except that no permit is required for transportation by a public carrier on interstate or state routes not stopping in the city of Fircrest;
(4) To conduct retail sales of fireworks; and
(5) To conduct an outdoor public display of fireworks.
(b) A license shall also be obtained to conduct retail sales of fireworks as required in FMC 13.12.040.
(c) All permits required by this chapter shall be issued by the fire department. As a condition of any permit, the fire chief may specify additional safeguards, as necessary, to provide for the public safety.
(d) Licenses required by this chapter shall be issued by the city manager of the city of Fircrest.
(e) No person under 18 years of age may apply for or receive a license or permit. (Ord. 1199 § 1, 1998; Ord. 1133 § 2, 1996).
13.12.040 Licensing of retail outlets.
(a) Licenses for retail fireworks outlets shall be limited to no more than one license per calendar year.
(b) A license granted pursuant to this chapter shall entitle the licensee to maintain one or more stands, as shall be determined by the city manager, taking into consideration the limited commercially zoned areas within the city and the desire to minimize as much traffic congestion within such areas as may be possible.
(c) Application for a license shall be filed with the city manager between April 1 and April 15, 1997. A license will be granted to such applicants as the city manager, in his or her discretion, shall direct. Applications shall include proof of a state of Washington annual license as a retailer.
(d) Retail operators applying for a license shall submit a copy of their state retailer’s license with the application for a permit under this chapter. Each permit application must be accompanied by a certificate of insurance.
(e) The certificate of insurance shall provide proof of liability insurance not less than $50,000 and $500,000 for bodily injury liability for each person and occurrence, respectively, and not less than $50,000 for property damage liability for each occurrence, as provided in RCW 70.77.381. (Ord. 1133 § 2, 1996).
13.12.050 Authority.
(a) The fire department shall have authority to condition permits required and authorized by this chapter and establish and collect fireworks permit fees.
(b) The fire department and the police department shall have authority to enforce the provisions of this chapter.
(c) The city manager shall have authority to condition licenses required and authorized by this chapter. (Ord. 1133 § 2, 1996).
13.12.060 Retail sales and discharge of fireworks.
(a) The sale and discharge of fireworks shall be limited as specified in this chapter.
(b) Only common fireworks as defined in this chapter are legal for discharge and legal for sale to the public at licensed retail stands.
(c) The sale, possession, use, or discharge of common fireworks in the city of Fircrest shall only be permitted from 12:00 noon, the second day of July 1997 until 11:00 p.m. on the fourth day of July 1997. From and after 11:00 p.m. on the fourth day of July 1997, such sale, possession, use, or discharge of fireworks within the city of Fircrest shall be prohibited.
(d) The fire department shall issue a permit to a licensee who has complied with the license requirements of this chapter and has complied with all the requirements for a fireworks stand as defined by Chapter 70.77 RCW at the time of issuance of the license. (Ord. 1133 § 2, 1996).
13.12.065 Public display of fireworks.
(a) Every public display of fireworks shall be handled by a competent operator approved by the fire chief and the public display shall be of such character, and so located, discharged, or fired, that in the opinion of the fire chief, after proper investigation, it will not constitute a hazard to property or endanger any person.
(b) A state pyrotechnics license is required for operators of public displays of fireworks.
(c) A bond or certificate of insurance from a company or companies approved by the city of Fircrest must be furnished to the department of tax and license before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability (including explosion and collapse hazards, and automobile coverage) insurance policy providing limits of $1,000,000 combined single limit, per occurrence, all coverages. The policy shall name the city of Fircrest as an additional insured thereunder and stipulate it is primary coverage, regardless of what other insurance the city may carry on its own behalf. The city shall be given not less than 15 days’ advance written notice of any termination or material change to the policy.
(d) Transportation and Storage.
(1) All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site.
(2) As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.
(3) All shells shall be inspected by the display operator upon delivery to the display site. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions.
(4) All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing time) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flameproof water repellent canvas cover until emptied.
(5) The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site.
(6) During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.
(e) Preparation of Site and Crowd Control.
(1) All dry grass, weeds, and other combustible waste matter within 50 feet of the firing site shall be removed.
(2) The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object.
(3) Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.
(4) The firing and storage site shall be located not less than 200 feet from any building.
(5) The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment, and fireworks have been removed from the site.
(6) Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.
(f) Installation of Mortars.
(1) Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.
(2) Mortars shall be positioned so that the shells are carried away from spectators and buildings.
(3) Mortars shall be either buried securely into the ground to a depth of two-thirds to three-quarters of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.
(4) In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.
(5) Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.
(6) Sandbags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site.
(g) Operation of the Display.
(1) The operator shall provide fire protection at the site as required by the fire chief.
(2) Only permitted fireworks are authorized for use.
(3) If, in the opinion of the fire chief or his/her authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.
(4) If, at any time, high winds or unusually wet weather conditions prevail such that, in the opinion of the fire chief, his/her authorized representative, or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks.
(5) Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use.
(6) Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination.
(7) No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.
(8) The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area.
(9) The mortars shall be re-angled or reset if necessary at any time during the display.
(10) When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes, it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.
(11) Operators shall not attempt to repair a damaged shell, nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.
(12) Operators shall not dry a wet shell, lance, or pot for reuse.
(13) The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.
(14) When fireworks are displayed in darkness, the sponsor shall ensure that the firing range is inspected early the following morning.
(15) Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city in a safe manner.
(16) The debris from discharged fireworks shall be properly disposed of.
(h) The denial by the fire chief of a permit for the public display of fireworks may be appealed to the city council. (Ord. 1199 § 3, 1998).
13.12.070 Prohibited acts.
(a) The manufacture of fireworks within the city of Fircrest is prohibited.
(b) From and after 11:00 p.m. on the fourth day of July 1997, the sale, possession, use, or discharge of fireworks within the city of Fircrest shall be prohibited except for public display of fireworks pursuant to FMC 13.12.065.
(c) Fireworks which are not common fireworks are expressly prohibited for sale, transportation, discharge, storage, or use within the city of Fircrest unless authorized by this chapter and a permit has been issued for such purpose.
(d) 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.
(e) No fireworks may be sold or offered for sale to the public as common fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States Department of Transportation and the Federal Consumer Products Safety Commission.
(f) It is unlawful for any person knowingly to sell, transfer, or agree to sell or transfer any special fireworks to any person who is not a fireworks licensee as provided for in this chapter. (Ord. 1199 § 2, 1998; Ord. 1133 § 2, 1996).
13.12.080 Fees.
(a) A bond in the amount of $1,000 must be posted with the city manager at least 30 days in advance of the initial sales date to provide for costs of cleaning the site if the operator fails to perform such cleaning. In no event shall the bond be returned if the site cleaning has not taken place by the tenth day of July 1997.
(b) A fee of $100.00 shall be paid to the city manager prior to the issuance of a retail sales license or any permit authorized by this chapter and RCW 70.77.555. This fee shall be in addition to any business license fee required by the city of Fircrest.
(c) A permit fee in the amount established by the fire department shall be paid to the fire department prior to issuance of a fireworks permit authorized by this chapter. (Ord. 1133 § 2, 1996).
13.12.090 Violations – Penalty.
Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $1,000 or by imprisonment in the jail for a period not exceeding 90 days, or both, in the discretion of the court. (Ord. 1133 § 2, 1996).