Chapter 8.20
FIREWORKS AND SKY LANTERNS

Sections:

8.20.010    Purpose.

8.20.020    Definitions.

8.20.030    Dangerous and unclassified fireworks prohibited.

8.20.035    Sale and use of sky lanterns unlawful.

8.20.040    Permit required.

8.20.050    Dates when sale permitted.

8.20.060    Discharge of fireworks prohibited.

8.20.070    Storage.

8.20.080    Number of permits limited.

8.20.090    Sale permit – Nontransferable.

8.20.100    Sale permit – Application – Requirements.

8.20.110    Temporary stand – Location – Construction.

8.20.120    Sale permit – Application – Investigation – Grant or denial.

8.20.130    Public display permit required.

8.20.140    Public display standards.

8.20.150    Interpretation and construction of chapter.

8.20.160    Enforcement.

8.20.170    Violation – Penalty.

8.20.010 Purpose.

It is the purpose of this chapter to regulate the possession and sale of fireworks as defined by the State Fire Marshal. It is also the purpose of this chapter to prohibit the possession, sale or discharge of any dangerous or unclassified fireworks as defined by the State Fireworks Law. This chapter prohibits the discharge of all fireworks within the city, except as authorized under a public display permit or pursuant to RCW 70.77.311(2). If there is any conflict between Washington State law as set forth in Chapter 70.77 RCW and this chapter, Washington State law shall control. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 1)

8.20.020 Definitions.

The definitions of Chapter 70.77 RCW and WAC 212-17-025 and 212-17-028 as now stated or as amended shall govern the interpretation of this chapter, when applicable.

A. “Sky lantern,” “sky candles,” “fire balloons,” and “airborne paper lanterns” mean an unmanned airborne lantern typically made of paper with a light frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Manned hot air balloons are not a part of this definition.

B. “Permit” means the official permission granted by the city for purposes of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, or discharged. (Ord. 2016-020 § 1 (Exh. A); Ord. 2015-015 § 1 (Exh. A1); Ord. 2013-006 § 1 (Exh. A); Ord. 95-007 § 2)

8.20.030 Dangerous and unclassified fireworks prohibited.

The sale, transportation, possession, or discharge of dangerous or unclassified fireworks within the city limits is prohibited. For unclassified fireworks, possession of fireworks without the manufacturer’s license number and the State Fire Marshal’s classification shall be prima facie evidence of a violation of this chapter. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 3)

8.20.035 Sale and use of sky lanterns unlawful.

A. It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern within the city limits.

B. It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern which becomes aloft within the city limits. (Ord. 2016-020 § 1 (Exh. A); Ord. 2013-006 § 1 (Exh. A))

8.20.040 Permit required.

Any adult person or other group desiring to manufacture, import, possess, or sell any fireworks at wholesale or retail for any use, discharge special fireworks at any place, make a public display of fireworks, or transport fireworks must apply in writing for a permit to the department of community development. Licensees or public carriers delivering to a licensee are exempt from this permit requirement pursuant to RCW 70.77.255(1)(c). (Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 4)

8.20.050 Dates when sale permitted.

Fireworks may be sold and purchased within the city limits only on the following dates and times: (A) from noon to 11:00 p.m. on June 28th; (B) from 9:00 a.m. to 11:00 p.m. on June 29th through July 4th; and (C) from 9:00 a.m. to 9:00 p.m. on July 5th. (Ord. 2016-020 § 1 (Exh. A); Ord. 2002-017; Ord. 95-007 § 5)

8.20.060 Discharge of fireworks prohibited.

Except as authorized by Washington State license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use for religious or other specific purpose on approved date and at an approved location), discharging or exploding any fireworks within the city limits is prohibited. (Ord. 2016-020 § 1 (Exh. A); Ord. 2002-017; Ord. 95-007 § 6)

8.20.070 Storage.

It shall be unlawful for any person to store fireworks of any class without first applying in writing and receiving a permit for such storage to the city fire marshal at least 45 days prior to the date of the proposed storage. The city fire marshal must investigate the nature, character, and location of the proposed storage area and determine whether it constitutes a hazard or danger to property or any person. The city fire marshal must exercise reasonable discretion when granting, denying, or granting with reasonable conditions any application as he or she may prescribe. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 7)

8.20.080 Number of permits limited.

No person, firm or corporation shall receive more than one permit for the sale of fireworks during any one calendar year. A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet.

The city in any given year shall not issue more than one permit for each 1,500 persons residing within the Sequim city limits. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 8)

8.20.090 Sale permit – Nontransferable.

The fireworks permit issued for the retail sale of fireworks within the city limits shall be nontransferable, and no person other than the permittee, organization or affiliate shall operate the stand for which the permit is issued, or share or otherwise participate in the benefits of the operation of such stand. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 9)

8.20.100 Sale permit – Application – Requirements.

Application for a retail sale fireworks permit within the city limits must be made to the director of the department of community development or designee on a form prepared by the department and submitted at least 45 days before the requested effective date of the permit. No permit application may be submitted before January 1st of the year in which such permit is requested. The application must be accompanied by:

A. A valid license issued by the State Fire Marshal pursuant to Chapter 70.77 RCW as now enacted or as hereafter amended, authorizing the permittee to engage in retail fireworks sales;

B. A fee of $100.00, which is established as the fireworks temporary activity permit fee;

C. A public liability and property damage insurance policy from an insurance company licensed to do business in Washington, in the sum of at least $1,000,000 for bodily injury or death suffered by one or more persons in any one accident or occurrence and at least $1,000,000 for property damage for each permit location and by a products liability insurance policy in the amount of at least $1,000,000. The insurance policies must name the city as an additional insured and indemnify the city from any damage or injury caused by the operation of the retail fireworks stands;

D. A $100.00 performance bond, note, or cash deposit, conditioned upon the prompt removal of the temporary stand and the clean-up of all debris from the site of the temporary stand. The bond or deposit will be returned to the applicant if the applicant’s permit is denied; if the application is granted, the bond or deposit shall be returned to the applicant only if he/she removes the temporary stand and cleans up all debris to the satisfaction of the proper city officials. Performance bond or cash deposit will be forfeited to the city for failure to properly clean up the site of the temporary stand or for failure to remove the stand and clean up all debris by July 10th of each year. (Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 10)

8.20.110 Temporary stand – Location – Construction.

A. Authorized fireworks sales shall be from temporary fireworks stands only.

B. A temporary stand may be located only in business or industrial areas or zones within the city.

C. Temporary fireworks stands need not comply with all of the provisions of the Building Code; however, all temporary fireworks stands must be erected in accordance with plans submitted to and approved by the city fire marshal, or building official, or his/her authorized representative. All temporary fireworks stands must be constructed in a safe manner, assuring the safety of attendants and patrons. In the event any temporary fireworks stand is wired for electricity, such wiring must conform to the State Electrical Code and the city electrical code, if any, and be limited to the provision of adequate lighting.

D. All temporary fireworks stands must prominently display signage clearly stating that the discharge of all fireworks within the Sequim city limits is prohibited under this chapter. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 11)

8.20.120 Sale permit – Application – Investigation – Grant or denial.

A. Upon receiving a complete application, the city fire marshal, or authorized representative, must investigate the safety of the proposed operation. After completing the investigations, the fire marshal or the department of community development will forward the application and investigation results to Fire District No. 3 for comment. After receiving comment, but not more than 30 days from the date of application, or no later than June 10th, the permit shall be granted or denied if the application was submitted at least 30 days prior to the June 10th date. The city may give preference to persons or organizations who have operated temporary fireworks stands in accordance with previously issued city permits. The city will give first preference to local nonprofit groups benefiting youth and second preference to other local nonprofit groups. No more than one fireworks stand for each 1,500 of the official population of Sequim may be granted.

B. The approved permit must be prominently posted in the temporary fireworks stand. (Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 2002-017; Ord. 95-007 § 12)

8.20.130 Public display permit required.

A. Any person, firm, group, or corporation desiring to make a public fireworks display must first apply in writing for a permit from the department of community development. Applications must be made at least 45 days in advance of the proposed display.

B. Applicants shall meet all qualifications and requirements of Washington State law regarding public fireworks displays and all fire and safety requirements for public display standards as set forth in SMC 8.20.140.

C. The city fire official must investigate whether the character and location of the proposed display would be hazardous to property or dangerous to any person. Based on the investigation, the fire official will submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city. The city will grant the application if the application meets all requirements of this chapter and Chapter 70.77 RCW. (Ord. 2016-020 § 1 (Exh. A))

8.20.140 Public display standards.

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

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

B. A permit must be obtained from the city and approved by the fire marshal or designee prior to any public fireworks display. The permit must include the applicant’s name and address, the pyrotechnician’s name and 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.

C. The applicant for a public display of fireworks permit must include with the application evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355.

D. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.

E. Public access areas shall be determined by the city fire marshal or designee and maintained by the applicant in the manner set forth in the approved permit. (Ord. 2016-020 § 1 (Exh. A))

8.20.150 Interpretation and construction of chapter.

This chapter is intended to implement Chapter 70.77 RCW as now enacted or as amended, and shall be interpreted in accordance with Chapter 70.77 RCW and all applicable rules or regulations. (Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 14. Formerly 8.20.140)

8.20.160 Enforcement.

The city fire marshal or duly authorized representative is designated as the enforcing officer of this chapter. Any failure or refusal on the part of a licensee to obey the rule, regulation or request of the fire chief shall be grounds for the revocation of a fireworks license. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 15. Formerly 8.20.150)

8.20.170 Violation – Penalty.

Violation of SMC 8.20.040 and 8.20.060, to the extent it also constitutes a violation of RCW 70.77.488, 70.77.510 or 70.77.515, shall constitute a gross misdemeanor. The penalty for a gross misdemeanor is a fine of not more than $5,000 or imprisonment for no more than 364 days, or both such fine and imprisonment, plus restitution and court costs.

Any person, firm, association, corporation or other group violating any other provisions of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $500.00 or by imprisonment for no more than 90 days, or by both such fine and imprisonment. Each day during which he, she or it commits, continues or permits a violation of any provisions of this chapter constitutes a separate violation. (Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 16. Formerly 8.20.160)