Chapter 8.10
FIREWORKS PERMITS

Sections:

8.10.010    Definitions.

8.10.020    Local Fire Official designated.

8.10.030    State provisions adopted.

8.10.040    Sale and discharge of fireworks.

8.10.050    Repealed.

8.10.060    Permit required for public display of fireworks.

8.10.070    Issuance – Nontransferable – Voiding.

8.10.080    Public display permit fee.

8.10.090    Standards for public fireworks display.

8.10.100    Special effects for entertainment media.

8.10.110    Nonprohibited acts – Signal purposes, forest production.

8.10.120    Fire Official may grant or deny permit conditions.

8.10.130    Applicability.

8.10.140    Chapter in connection with state law.

8.10.150    Repealed.

8.10.160    Enforcement.

8.10.170    Seizure of fireworks.

8.10.180    Penalty for violations.

8.10.190    Revocation or suspension of permit.

8.10.010 Definitions.

The definitions of Chapter 70.77 RCW as now stated or hereinafter amended shall govern the construction of this chapter, when applicable, and are hereby adopted by this reference. A copy of the same shall be kept on file in the office of the City Clerk for public use and inspection. (Ord. O-03-256 § 1).

8.10.020 Local Fire Official designated.

The local Fire Official for the City is the Chief of Maple Valley Fire and Life Safety or such person as the official may designate to fulfill the duties of a local fire official as set forth in Chapter 70.77 RCW. (Ord. O-03-256 § 1).

8.10.030 State provisions adopted.

Chapter 70.77 RCW as now stated or hereafter amended is adopted by reference, except as amended in this chapter, and a copy of the same shall be kept in the office of the City Clerk for public use and inspection. (Ord. O-03-256 § 1).

8.10.040 Sale and discharge of fireworks.

It is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks within the City; provided, that this prohibition shall not apply to the following activities, when authorized by a State license and City permit:

A. Duly authorized public displays, as provided in RCW 70.77.290; and

B. Duly authorized use by religious organizations or private organizations or persons, as provided in RCW 70.77.311(2), if:

1. Purchased from a licensed manufacturer, importer, or wholesaler;

2. For use on prescribed dates and locations; and

3. For religious purposes. (Ord. O-15-588 § 2; Ord. O-03-256 § 1).

8.10.050 Local fireworks sales permits.

Repealed by Ord. O-15-588. (Ord. O-03-256 § 1).

8.10.060 Permit required for public display of fireworks.

A. It is unlawful for any person to hold, conduct or engage in any public display of fireworks within the City without having obtained and being a holder of a valid permit under the provisions of this chapter.

B. The applicant shall show proof of the issuance of a bond or insurance coverage in the amounts set forth in RCW 70.77.295 or proof that such bond or insurance coverage has been provided under a state general license for public display.

C. Applications for a public fireworks display shall be made in writing at least 45 days in advance of the proposed display and shall have authorization from the State Fire Marshal. (Ord. O-03-256 § 1).

8.10.070 Issuance – Nontransferable – Voiding.

Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only. Such permits shall be used only by the designated permittee and shall not be transferable. Any transfer or unauthorized use of a permit is in violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. O-03-256 § 1).

8.10.080 Public display permit fee.

The per-event fee for a public display permit shall be $100.00 and shall be payable to the City of Maple Valley for administrative and inspection costs; provided, there shall be no fee charges for a public display permit issued to a religious or private organization pursuant to RCW 70.77.311. (Ord. O-03-256 § 1).

8.10.090 Standards for public fireworks display.

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

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

B. A permit must be obtained from the Fire Official 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 drawing shall be submitted to the Fire Official showing a plan view of the fireworks discharge site and the surrounding area within a 500-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. The Fire Official may require that a fire engine and two trained firefighters be on-site from fireworks set-up and through at least 30 minutes after the discharge of the fireworks for a minimum of four hours, billable to the entity holding the fireworks display.

E. All combustible debris and trash be removed from the area of discharge for a distance of 300 feet in all directions.

F. All unfired or undischarged fireworks shall be disposed of in a safe manner.

G. A minimum of two 2A rated pressurized water fire extinguishers be at the fireworks discharge site.

H. The permit may be immediately revoked at any time deemed necessary by the Fire Official due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may be cancelled by 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 Fire Official and maintained in an approved manner.

J. Public fireworks displays undertaken by religious organizations or private organizations or persons pursuant to RCW 70.77.311 shall be limited to class C common fireworks and special fireworks as defined in RCW 70.77.131 and 70.77.136.

K. A permit for a public fireworks display must be applied for at least 45 days before the planned day of the public display. A public notice of any public fireworks display must be published at least once 30 days or more prior to the intended display.

L. The permit holder will pay the full-cost reimbursement for all time that the Fire Official spends on overseeing all aspects of the fireworks permitting, preparation and display. (Ord. O-03-256 § 1).

8.10.100 Special effects for entertainment media.

This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by a pyrotechnic operator licensed by the State of Washington 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 pyrotechnic operator possesses a valid public display permit issued by the City. (Ord. O-03-256 § 1).

8.10.110 Nonprohibited acts – Signal purposes, forest production.

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 in forest protection activities. (Ord. O-03-256 § 1).

8.10.120 Fire Official may grant or deny permit conditions.

The Fire Official shall have the power to grant or deny any application for a permit or to subject the same to such reasonable conditions. (Ord. O-03-256 § 1).

8.10.130 Applicability.

The provisions of this chapter shall apply to the sale and use of all fireworks except toy caps and is otherwise exempt pursuant to RCW 70.77.311 as now stated or as may be amended. (Ord. O-03-256 § 1).

8.10.140 Chapter in connection with state law.

This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and rules or regulations issued pursuant thereto. (Ord. O-03-256 § 1).

8.10.150 Reckless discharge or use prohibited.

Repealed by Ord. O-15-588. (Ord. O-03-256 § 1).

8.10.160 Enforcement.

The Police Chief or designee is authorized to enforce all provisions of this chapter and in addition to criminal sanctions and/or civil remedies. (Ord. O-03-256 § 1).

8.10.170 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter and Chapter 70.77 RCW shall be subject to seizure by the Police Department. The provisions for seizure of fireworks, petition for return, hearing decision, and judicial action for recovery shall be set forth in RCW 70.77.435 and 70.77.440; provided, that the Chief of Police shall have the powers and obligations set forth in said statutes. (Ord. O-03-256 § 1).

8.10.180 Penalty for violations.

Any person violating or failing to comply with the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided therefor. (Ord. O-03-256 § 1).

8.10.190 Revocation or suspension of permit.

A. The Fire Official 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 had suspended or revoked, any license required by the State under Chapter 70.77 RCW.

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

B. Effective Date of Revocation. When the Fire Official determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the Fire Official 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 Official with respect to the suspension or revocation of any permit issued under this chapter shall be final. Any permittee whose permit has been suspended or revoked may appeal the decision of the Fire Official to the King County Superior Court by filing such appeal within 10 days of the date of the final decision of the Fire Official. This shall be the exclusive remedy of any permittee under this chapter. (Ord. O-03-256 § 1).