Chapter 5.35
FIREWORKS
Sections:
5.35.015 Reckless discharge of fireworks.
5.35.030 Sales – Application and permit.
5.35.050 Public or religious displays of fireworks.
5.35.055 Issuance – Nontransferable – Voiding.
5.35.090 Violation – Enforcement and penalty.
5.35.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereinafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.236 as now stated or hereinafter amended are adopted by reference. In addition, the following definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
“City” means the City of SeaTac.
“Fire code official” means the Puget Sound Regional Fire Authority Fire Chief or other designated authority charged with the administration and enforcement of the fire code, or duly authorized representative. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1: Ord. 02-1021 § 1: Ord. 93-1020 § 1)
5.35.015 Reckless discharge of fireworks.
RCW 70.77.488 is hereby incorporated as now stated or hereinafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1)
5.35.020 General provisions.
A. Fireworks shall be regulated in accordance with the provisions of this chapter, the fire code under Chapter 13.150 SMC, and Chapter 70.77 RCW as referenced and hereby incorporated, now stated, or hereinafter amended.
B. It shall be a civil infraction, with a monetary penalty of two hundred fifty dollars ($250.00), including costs and assessments, for any person to purchase, possess, use, discharge, ignite, or explode any fireworks within the City except:
1. As authorized by City permit to operate a public display of fireworks pursuant to this chapter and RCW 70.77.260(2); or
2. As authorized by RCW 70.77.311(2) (use by individual or group for religious purpose on approved date and at approved location); provided, that a permit is obtained from the fire code official pursuant to this chapter; or
3. Used as trick and novelty devices, and use of agricultural and wildlife fireworks as defined in WAC 212-17-045, now stated or as hereinafter amended; or
4. As authorized under RCW 70.77.405, 70.77.530, and 70.77.535.
C. Limitation on Use of Legal Consumer Fireworks.
1. Legal consumer fireworks, as defined by RCW 70.77.136, are small devices designed to produce: (a) visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission; and (b) audible effects such as a whistling ground device containing fifty (50) milligrams or less of explosive materials.
2. Devices that are aerial, airborne, discharged, launched, or explode that may otherwise be considered consumer fireworks are prohibited.
3. It is unlawful for any person under the age of sixteen (16) years to possess, use, discharge, or transport any fireworks unless under immediate supervision of an adult who is eighteen (18) years old or older. It is unlawful for any person or entity to sell or give fireworks to anyone under the age of sixteen (16) years unless that person is under the immediate supervision of an adult who is eighteen (18) years old or older.
4. It is unlawful for any person to smoke within twenty-five (25) feet of any building or stand in which fireworks are sold at retail or stored after hours.
5. It is unlawful for any person to discharge any fireworks, or to permit the discharge of fireworks, within three hundred (300) feet of any structure, combustible material, or person, or any building or stand in which fireworks are sold at retail or stored after hours.
6. It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, thing or object.
7. It is unlawful to have in possession of or to use, fire, or discharge any fireworks in any public park within the City, including vehicle parking areas within or adjacent to a park.
8. During periods of extreme fire danger, the local fire code official may prohibit the discharge of all fireworks including those described in this chapter.
9. Legal consumer fireworks may only be used or discharged within the City on the following days and times pursuant to RCW 70.77.395:
a. From 12:00 noon to 11:00 p.m. on June 28th of each year;
b. From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 3rd of each year;
c. From 9:00 a.m. to 12:00 midnight on July 4th of each year;
d. From 9:00 a.m. to 11:00 p.m. on July 5th of each year; and
e. From 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year.
D. It shall be unlawful for any person, firm, or corporation to hold, conduct, or engage in any public or religious display of fireworks within the City without first having obtained and being a valid holder of a valid permit under the provisions of this chapter and in accordance with RCW 70.77.311. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1: Ord. 02-1021 § 2: Ord. 95-1014 § 1; Ord. 93-1020 § 1)
5.35.025 Enforcement.
Repealed by Ord. 23-1013. (Ord. 05-1006 § 1)
5.35.030 Sales – Application and permit.
A. Temporary Fireworks Stands. Retail sales of fireworks shall be permitted only from within temporary fireworks stands, and sale from any other building or structure is prohibited. Temporary stands shall be subject to the following conditions:
1. Any person, firm or corporation engaging in the retail sale of any fireworks within the City limits of SeaTac shall obtain a City business license in accordance with Chapter 5.05 SMC.
2. Applications for temporary fireworks stand permits shall be made to the City pursuant to the process for a temporary use permit under Chapter 15.475 SMC and must be accompanied by the appropriate application fee in accordance with the fee schedule as required under Chapter 5.05 SMC. Complete permit applications may be submitted to the City between April 1st through May 1st of the year for which the permit is sought.
3. Any issued permit shall be used only by the designated permittee and shall be nontransferable. Each awarded permit authorizes no more than one (1) vending location.
4. The maximum number of permits issued by the City in any year shall not exceed four (4). During the first week of May, four (4) complete applications will be selected by lottery from the pool of applications received.
B. Temporary fireworks stand permits shall be issued only upon compliance with the following terms and conditions:
1. The applicant shall have a valid and subsisting Washington State fireworks license issued by the Washington State Patrol authorizing the holder thereof to engage in the fireworks business.
2. The applicant shall provide proof of a liability insurance policy with coverage of not less than fifty thousand dollars ($50,000); and five hundred thousand dollars ($500,000) for bodily injury liability for each person and occurrence, respectively; and not less than fifty thousand dollars ($50,000) for property damage liability for each occurrence, or such policy as may comply with, or exceed, the requirements of RCW 70.77.270.
3. Prior to issuance of a permit, the applicant shall provide the local fire code official with a list of all combustible items that will be offered for sale at fireworks stands.
4. Prior to issuance of a permit, the applicant shall provide copies of their City business license to the local fire code official. (Ord. 24-1004 § 1 (Exh. A); Ord. 23-1013 § 1 (Exh. A))
5.35.040 Fireworks stands.
Temporary fireworks stands shall be erected under the supervision of the fire code official and shall conform to the following minimum standards:
A. Temporary Fireworks Stands. Retail sales of fireworks shall be permitted only from within temporary fireworks stands, and sale from any other building or structure is prohibited. Temporary stands shall be subject to the following conditions:
1. Any person, firm or corporation engaging in the retail sale of any fireworks within the City limits of SeaTac shall obtain a City business license in accordance with Chapter 5.05 SMC.
2. Applications for temporary fireworks stand permits shall be made to the City pursuant to the process for a temporary use permit under Chapter 15.475 SMC and must be accompanied by the appropriate application fee in accordance with the fee schedule as required under Chapter 5.05 SMC. Complete permit applications may be submitted to the City between April 1st through May 1st of the year for which the permit is sought.
3. Any issued permit shall be used only by the designated permittee and shall be nontransferable. Each awarded permit authorizes no more than one vending location.
4. The maximum number of permits issued by the City in any year shall not exceed four (4). During the first week of May, four (4) complete applications will be selected by lottery from the pool of applications received.
B. Each temporary fireworks stand shall have at least two (2) exits that shall be unobstructed at all times and located as far from each other as possible. Parking for customers shall be located at least twenty (20) feet away from the stand.
C. Each temporary fireworks stand shall have fire extinguishers in a readily accessible place and approved by the fire code official as to location within the stand, number and type. No smoking shall be permitted within twenty-five (25) feet of a fireworks stand, and signs reading “NO SMOKING WITHIN 25 FEET” shall be conspicuously posted on all four (4) sides of the fireworks stand.
D. Each stand shall only be operated and occupied by adults (eighteen (18) years old or older). No fireworks shall be left unattended in a stand.
E. All vegetation and combustible materials shall be cleared from the location of the stand to at least a distance of twenty (20) feet.
F. All unsold fireworks, cartons and other rubbish shall be removed from the location and from the City by 12:00 noon on July 6th each year. The fireworks stand shall be dismantled and removed from the location by 12:00 noon on July 10th each year.
G. Fireworks shall not be discharged within three hundred (300) feet of a fireworks stand. Signs reading “NO FIREWORKS DISCHARGE WITHIN 300 FEET” shall be in letters at least two (2) inches high, with a principal stroke of not less than one-half (1/2) inch on contrasting background, and such signs shall be conspicuously posted on all four (4) sides of the stand.
H. Fireworks retailers shall not knowingly sell fireworks to persons under the age of sixteen (16) and shall require proof of age by means of a driver’s license or photo identification card containing a photograph with a date of birth, issued by a public or private school, State, Federal or foreign government.
I. Retail sales of legal consumer fireworks shall only be allowed within the City on the days and times identified in this chapter pursuant to RCW 70.77.395.
J. If the fireworks stand is proposed for placement on lease, the applicant shall provide an affidavit from the property owner that the use is acceptable.
K. Additional signage required by the fire code official shall be prominently displayed on the fireworks stand. (Ord. 23-1013 § 1 (Exh. A))
5.35.050 Public or religious displays of fireworks.
A. Any person desiring to give or make a public or religious display of fireworks within the City shall make an application for a permit to operate the public or religious display, in writing, to the fire code official. The application shall set forth the following information:
1. The name of the organization sponsoring the display, together with the names and addresses of persons actually in charge of the firing/presentation of the display;
2. The date and time of day at which the display is to be held;
3. The exact location planned for the display;
4. A description setting forth the age and experience of the persons who are to do the actual discharging of the fireworks;
5. The number, type and description of fireworks to be discharged, and the name, address, and telephone number of the licensed manufacturer, importer, or wholesaler where such fireworks will be or have been purchased;
6. The manner and place of storage of such fireworks prior to the display; and
7. A diagram of the grounds 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 transit or communication as well as telephone, electric and other utility lines and poles and any other structures, facilities or objects which could present overhead obstructions, located within five hundred (500) feet of the point of discharge.
B. Fee for Public Display Permit. There shall be no permit fee for a permit issued by the City under this chapter and in accordance with RCW 70.77.311(2).
C. Investigation on Site – Certificate of Compliance.
1. Notice of Approval by Fire Code Official. Upon receipt of such application, at least thirty (30) days in advance of the date set for the display, the fire code official shall make an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display.
2. If the fire code official is satisfied that the display is lawful and there has been or will be full compliance with all applicable laws, State and local, then the fire code official shall issue a written recommendation for or against the permit which shall be kept on file with the City and available for review by authorized reviewing agencies.
3. If the fire code official finds that the permit applicant has complied with all applicable laws, then the fire code official may issue a certificate of compliance stating an endorsement of the display as being in conformance with all applicable laws and with these regulations.
4. For any scheduled public display, applicants must also submit such information as is deemed appropriate by the SeaTac Police Department to ensure that adequate traffic control and crowd protection policing and any other measures necessary or appropriate for public safety have been arranged either through private security agencies or through a contract with the City’s Police Department or the King County Department of Public Safety. A written notice that the applicant has complied with these requirements shall be issued by the Police Chief before a public display permit is issued.
D. Every public or religious display of fireworks shall be handled by at least two (2) competent operators approved by the fire code official and every public or religious display of fireworks shall be of such character, and so located, discharged or fired that, in the opinion of the fire code official, after proper investigation, it would not constitute a hazard to property or endanger any person.
E. At least one (1) operator at each public or religious display of fireworks shall be a pyrotechnic operator licensed by the Chief of the Washington State Patrol, through the Director of Fire Protection, under RCW 70.77.255. The State-licensed pyrotechnic operator shall be the person who actually discharges or ignites the fireworks.
F. A bond or certificate of insurance must be furnished to the fire code official before a permit is issued. The bond shall be in the amount of one million dollars ($1,000,000) and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by any 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 automobile coverage) insurance policy providing limits of one million dollars ($1,000,000) combined single limit per occurrence and annual aggregate, naming the City of SeaTac as an additional insured. Any such bond or insurance policy must be approved by the City Attorney.
G. A deposit in the amount of three hundred dollars ($300.00) must be posted with the fire code official at least thirty (30) days in advance of the public or religious display date to provide for the costs of site cleanup. The deposit shall be forfeited to the City if the operator fails to perform such cleanup within three (3) days of the display. If the operator properly performs the cleanup, the deposit shall be returned to the operator.
H. Operation of the Display.
1. The operators shall provide fire protection at the site as required by the fire code official.
2. Only fireworks approved by the fire code official are authorized for use.
3. If, in the opinion of the fire code official, 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 prevail such that, in the opinion of the fire code official or the display operators, a definite fire danger exists, the public display shall be discontinued or postponed until weather conditions improve so as to permit safe discharge of fireworks.
I. Additional Safety Measures. When, in the sole discretion of the fire code official, it is necessary to preserve the public health, safety and welfare of the City, a permit may be conditioned upon any other safety requirements as deemed appropriate by the fire code official. The applicant shall bear the cost of any additional safety requirements, and, at the sole discretion of the fire code official, may be required to pay those costs prior to the issuance of a permit.
J. The denial by the fire code official of a permit issued under this chapter may be appealed to the Hearing Examiner, as set forth in SMC 13.100.100(B). The decision of the Hearing Examiner shall be final and conclusive in accordance with SMC 1.20.100(H). (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1: Ord. 93-1020 § 1)
5.35.055 Issuance – Nontransferable – Voiding.
Each permit issued pursuant to this chapter shall be valid only for the specific authorized event, shall be used only by the designated permittee, and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit in addition to all other sanctions provided in this code. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1)
5.35.060 Sale of fireworks.
Repealed by Ord. 05-1006. (Ord. 02-1021 § 3: Ord. 93-1020 § 1)
5.35.070 Unclassified fireworks.
Repealed by Ord. 05-1006. (Ord. 93-1020 § 1)
5.35.080 Exceptions.
Repealed by Ord. 23-1013. (Ord. 05-1006 § 1: Ord. 93-1020 § 1)
5.35.085 Construction.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all regulations issued pursuant thereto. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1)
5.35.090 Violation – Enforcement and penalty.
A. Any person violating any provision of this chapter for which no penalty is specifically provided is guilty of a misdemeanor, and upon conviction shall be punished by a fine in an amount not exceeding one thousand dollars ($1,000), or by imprisonment for a term not exceeding ninety (90) days, or by both.
B. Any person who sells or offers to sell without a valid permit or license, uses or discharges fireworks in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor. Upon conviction, the sentencing court may order restitution for any property damage or loss caused by the offense.
C. A person commits a separate offense for each separate and distinct violation of any provisions of this chapter, and a person commits a separate offense for each day during which they commit or allow to continue a violation of any provisions of this chapter.
D. Any fireworks which are illegally sold, offered for sale, used, discharged, ignited, exploded, 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 fire code official.
E. It shall be a civil infraction, with a monetary penalty of two hundred fifty dollars ($250.00), including costs and assessments, for any parent, guardian, or other person having control or custody of a person under the age of eighteen (18) years to authorize or permit such person to violate any provision of this chapter.
F. Any person who violates any portion of this chapter shall have their fireworks subject to seizure by the SeaTac Police Chief, or designee, as provided for in RCW 70.77.435.
G. Law enforcement and the fire code official are authorized to enforce the provisions of this chapter, including, but not limited to, the issuance of civil infractions pursuant to this chapter. (Ord. 23-1013 § 1 (Exh. A); Ord. 05-1006 § 1: Ord. 93-1020 § 1)