Chapter 9.06
FIREWORKS

Sections:

9.06.010    Purpose.

9.06.020    Definitions.

9.06.030    Applicability.

9.06.040    Prohibition.

9.06.050    Application for public fireworks display permit.

9.06.060    Standards for public fireworks displays.

9.06.070    Penalty for violations.

9.06.010 Purpose.

The purpose of this chapter is to make unlawful the sale, possession or discharge of fireworks without a permit. (Ord. 1363 § 1, 2008)

9.06.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration or detonation, and which meets the definition of “articles pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.

B. “Public display” means an entertainment feature where the public is invited, admitted or permitted to view the display or discharge of display fireworks.

C. “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production, or live entertainment.

D. “Display fireworks” means large fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.

E. “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 1363 § 2, 2008)

9.06.030 Applicability.

The provisions of this chapter shall be applicable to the sales and use of all fireworks except toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as consumer fireworks. The provisions of this chapter shall not prohibit the use of flares or fuses in connection with the operation of motor vehicles, motor or sail vessels, or other transportation agencies for signal purposes or illumination or for use in forest protection activities or those uses described in RCW 70.77.311. (Ord. 1363 § 3, 2008)

9.06.040 Prohibition.

It is unlawful for any person to possess, sell, offer to sell, use, transfer, discharge, or explode any fireworks within the town of Friday Harbor, except for duly authorized public displays for which a permit has been issued under this chapter. (Ord. 1363 § 4, 2008)

9.06.050 Application for public fireworks display permit.

Application for a permit to hold, conduct or operate a public display of fireworks shall be made to the town fire marshal at least 30 days prior to the scheduled event. Applicants shall meet all qualifications and permit requirements of state law regarding the public display of fireworks and all fire and safety requirements as set forth in the standards for public display per Chapter 70.77 RCW. The applicant shall provide a copy of any approved public display permit to the town fire chief at least seven days prior to the public fireworks display event. (Ord. 1363 § 5, 2008)

9.06.060 Standards for public fireworks displays.

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

A. All public fireworks displays must be planned, organized and discharged by a state of Washington licensed pyrotechnician.

B. A permit for public display of fireworks shall include the name of the applicant, the applicant’s 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 display; and shall include the name and address of the insurance company providing the bond required and a photocopy of the policy per Chapter 70.77 RCW.

C. A drawing shall be submitted, showing a plan view of the fireworks discharge site and the surrounding area within a 300-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. When, at the discretion of the town fire marshal, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a town fire department pumper and a minimum of four trained firefighters shall be on the site 30 minutes prior to and after the display.

E. Prior to any display, all combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.

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

G. A minimum of 20 gallons of water for firefighting and one fire blanket shall be available at the fireworks discharge site.

H. The permit may be immediately revoked at any time deemed necessary by the town fire marshal, the town fire chief, or a designee of either, due to noncompliance, weather conditions, and/or extreme fire danger. The display may also be canceled as a result of accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.

I. Areas of public access shall be determined by the town fire marshal or designee and maintained in an approved manner. (Ord. 1363 § 6, 2008)

9.06.070 Penalty for violations.

Violations of this chapter shall be considered Class 1 civil infractions as defined in Chapter 7.80 RCW. (Ord. 1363 § 7, 2008)