Chapter 8.12
FIREWORKS

Sections:

8.12.010    Definitions.

8.12.020    Acts prohibited without a permit.

8.12.030    Application for permit.

8.12.040    Investigation, report on permit application.

8.12.050    Fire Chief may grant or deny permit – Conditions.

8.12.060    License required prior to issuance of permit.

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

8.12.080    Supervision of public displays.

8.12.090    Permit authorizes activities of salesmen, employees.

8.12.100    Sale and discharge of all fireworks prohibited.

8.12.140    Fire nuisance where fireworks kept prohibited.

8.12.150    Approved storage facilities required.

8.12.160    Unlawful possession.

8.12.180    Manufacture or sale of fireworks for out of state shipment.

8.12.190    Special effects for entertainment media.

8.12.200    Nonprohibited acts – Signal purposes, forest protection.

8.12.210    Revocation or suspension of permit.

8.12.220    Reckless discharge or use prohibited.

Stat. Ref.: For provisions on the state fireworks law, see Chapter 70.77 RCW.

8.12.010 Definitions.

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

A. “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.

B. “Common fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion.

1. The term includes:

a. Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;

b. Smoke devices;

c. Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, and shells;

d. Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation.

2. The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.

C. “Fire Chief” means the Chief Administrative Officer of the Issaquah Fire Department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW.

D. “Fire nuisance” means any thing 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.

E. “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.

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

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

H. “Permit” means the official permission granted by the City of Issaquah 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. “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

K. “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.

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. “Special fireworks” includes any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers and fireworks not classified as common fireworks.

N. “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. (Ord. 1622 § 1, 1984).

8.12.020 Acts prohibited without a permit.

No person shall do any of the following acts in the City without having first obtained and having in full force and effect a valid permit issued by the City to do so:

A. Manufacture, import or possess any fireworks, including agricultural and wildlife fireworks, for any use; provided, that no permit shall be required for the possession of agricultural and wildlife fireworks by government agencies in accordance with the conditions imposed under RCW 70.77.311;

B. Transport fireworks, except as a public carrier delivering to a permittee. (Ord. 1982 § 1, 1993; Ord. 1622 § 1, 1984).

8.12.030 Application for permit.

A. Any person desiring to do any act set forth in IMC 8.12.020 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 if 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, at 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 18 years;

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 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 to this chapter shall be accompanied by a nonrefundable permit fee of $35.00. The City Council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection.

C. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 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 the policy without 30 days written notice to the City. The 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 10 days in advance of the proposed display. (Ord. 1622 § 1, 1984).

8.12.040 Investigation, report on permit application.

It shall be the duty of the Fire Chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the Fire Chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 1622 § 1, 1984).

8.12.050 Fire Chief may grant or deny permit – Conditions.

The Fire Chief shall have the power to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 1622 § 1, 1984).

8.12.060 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 Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. (Ord. 1622 § 1, 1984).

8.12.070 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 granted shall be transferable. (Ord. 1622 § 1, 1984).

8.12.080 Supervision of public displays.

Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the Fire Chief. (Ord. 1622 § 1, 1984).

8.12.090 Permit authorizes activities of salesmen, employees.

The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person. (Ord. 1622 § 1, 1984).

8.12.100 Sale and discharge of all fireworks prohibited.

A. No person shall offer for wholesale or retail sale or sell any fireworks within the City.

B. Except as authorized by a state license and City permit granted 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. 1982 § 2, 1993; Ord. 1622 § 1, 1984).

8.12.140 Fire nuisance where fireworks kept prohibited.

No person shall allow any rubbish to accumulate in any premises where any fireworks are stored or permit a fire nuisance to exist on such premises. (Ord. 1982 § 3, 1993; Ord. 1622 § 1, 1984).

8.12.150 Approved storage facilities required.

It is unlawful for any person to store fireworks except in such places of storage as the Fire Chief shall approve. Upon receiving a written application at least 10 days prior to the date of proposed storage, the Fire Chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the Fire Chief may grant or deny any application for storage or subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 1982 § 4, 1993; Ord. 1622 § 1, 1984).

8.12.160 Unlawful possession.

The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 1622 § 1, 1984).

8.12.180 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. 1622 § 1, 1984).

8.12.190 Special effects for entertainment 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. 1622 § 1, 1984).

8.12.200 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. 1622 § 1, 1984).

8.12.210 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 by the person holding such permit or any of his servants, agents or employees;

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

3. Failed to obtain or has had any license required by the State to engage in any act prohibited by Chapter 70.77 RCW or this chapter to be done without a license, suspended or revoked; or

4. Has had any insurance coverage required by this chapter cancelled, revoked or lapsed.

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. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice by the permittee.

C. Appeal. The decision of the Fire Chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the Fire Chief to the King County Superior Court by filing such appeal within 10 days of the date of the final decision of the Fire Chief. This shall be the exclusive remedy of any permittee under this chapter. (Ord. 1622 § 1, 1984).

8.12.220 Reckless discharge or use prohibited.

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. (Ord. 1622 § 1, 1984).