Chapter 8.08
FIREWORKS

Sections:

8.08.010    Adoption of sections of Revised Code of Washington and Washington Administrative Code or its successors by reference.

8.08.020    Applicability.

8.08.030    Definitions.

8.08.040    State license and city permit required.

8.08.050    Inspection required.

8.08.055    Copy of license to be filed.

8.08.060    Sale permit – Fee.

8.08.070    Certificate of insurance required.

8.08.080    Activities to be conducted in a safe and reasonable manner.

8.08.090    Permit required for sales – Application.

8.08.100    Retail fireworks stands.

8.08.110    Sale and discharge of fireworks.

8.08.115    Sale and use of sky lanterns and similar devices unlawful.

8.08.120    Special purchase and use permits.

8.08.130    Permit for public display.

8.08.140    Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.

8.08.150    Permit revocation.

8.08.160    Violation – Penalty.

8.08.170    Severability.

8.08.010 Adoption of sections of Revised Code of Washington and Washington Administrative Code or its successors by reference.

RCW:

70.77.126    Definitions – “Fireworks.”

70.77.131    Definitions – “Display fireworks.”

70.77.136    Definitions – “Consumer fireworks.”

70.77.141    Definitions – “Agricultural and wildlife fireworks.”

70.77.146    Definitions – “Special effects.”

70.77.160    Definitions – “Public display of fireworks.”

70.77.165    Definitions – “Fire nuisance.”

70.77.170    Definitions – “License.”

70.77.175    Definitions – “Licensee.”

70.77.180    Definitions – “Permit.”

70.77.190    Definitions – “Person.”

70.77.200    Definitions – “Importer.”

70.77.205    Definitions – “Manufacturer.”

70.77.210    Definitions – “Wholesaler.”

70.77.215    Definitions – “Retailer.”

70.77.230    Definitions – “Pyrotechnic operator.”

70.77.236    Definitions – “New fireworks item.”

70.77.255    Acts prohibited without appropriate licenses and permits – Minimum age for license or permit – Activities permitted without license or permit.

70.77.260    Application for permit.

70.77.265    Investigation, report on permit application.

70.77.270    Governing body to grant permits – State-wide standards – Liability insurance.

70.77.280    Public display permit – Investigation – Governing body to grant – Conditions.

70.77.285    Public display permit – Bond or insurance for liability.

70.77.290    Public display permit – Granted for exclusive purpose.

70.77.295    Public display permit – Amount of bond or insurance.

70.77.345    Duration of licenses and retail fireworks sales permits.

70.77.381    Wholesalers and retailers – Liability insurance requirements.

70.77.386    Retailers – Purchase from licensed wholesalers.

70.77.401    Sale of certain fireworks prohibited.

70.77.405    Authorized sales of toy caps, tricks, and novelties.

70.77.410    Public displays not to be hazardous.

70.77.415    Supervision of public displays.

70.77.420    Storage permit required – Application – Investigation – Grant or denial – Conditions.

70.77.425    Approved storage facilities required.

70.77.435    Seizure of fireworks.

70.77.440    Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.

70.77.480    Prohibited transfers of fireworks.

70.77.485    Unlawful possession of fireworks – Penalties.

70.77.488    Unlawful discharge or use of fireworks – Penalty.

70.77.495    Forestry permit to set off fireworks in forest, brush, fallow, etc.

70.77.510    Unlawful sales or transfers of special fireworks – Penalty.

70.77.515    Unlawful sales or transfers of consumer fireworks – Penalty.

70.77.517    Unlawful transportation of fireworks – Penalty.

70.77.520    Unlawful to permit fire nuisance where fireworks kept – Penalty.

70.77.525    Manufacture or sale of fireworks for out-of-state shipment.

70.77.535    Special effects for entertainment media.

70.77.540    Penalty.

70.77.545    Violation a separate, continuing offense.

70.77.547    Civil enforcement not precluded.

70.77.580    Retailers to post list of fireworks.

WAC:

212-17-025    Definition – “Fireworks.”

212-17-035    Definition and classification – “Consumer fireworks.”

212-17-040    Definition – “Special fireworks.”

212-17-500    Type I violations.

212-17-505    Type II violations.

212-17-510    Type III violations.

212-17-515    Type IV violations.

(Ord. 2323 § 1 (part), 2010)

8.08.020 Applicability.

The provisions of this chapter shall apply to the sale of all consumer fireworks, as defined by RCW 70.77.136 and WAC 212-17-035. (Ord. 2323 § 1 (part), 2010)

8.08.030 Definitions.

The words and phrases herein used for the purposes of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

A. “Consumer fireworks” includes only such fireworks that have been defined in RCW 70.77.136 or WAC 212-17-035.

B. “Dangerous fireworks” includes all fireworks which do not meet the consumer fireworks definition under RCW 70.77.136 or WAC 212-17-035.

C. “Special fireworks” shall, in addition to the definition set forth in RCW 70.77.131, include the types of fireworks set forth in WAC 212-17-040.

D. “Fireworks stands” includes all displays and locations where fireworks are displayed in connection with sale of fireworks, offered for sale or are stored. “Fireworks stands” includes temporary fireworks stands as well as permanent structures where fireworks are offered for sale or are stored.

E. “Person” includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate or any other group or combination acting as a unit.

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

G. “Sale at retail” includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or a place of business sells, transfers or gives fireworks to a consumer or user.

H. “Sale at wholesale” includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of fireworks to a permittee of a public display of fireworks.

I. City, Local Public Agency, Local Government – Defined. The terms “city,” “local public agency,” and “local government,” as used in the sections of chapter 70.77 RCW that are adopted by reference in this chapter, shall mean the city of Sumner.

J. Local Fire Official – Defined. The term “local fire official,” as used in the provisions of the Revised Code of Washington adopted by this chapter, shall mean the chief of the Fire District 22 or his or her designated representative.

K. Designee – Fire Chief. Pursuant to RCW 70.77.270, the city council hereby designates the Fire District 22 fire chief or his or her designee as the person with authority to grant or deny permits that are sought pursuant to this chapter.

L. “Sky lantern” means an airborne lantern typically made of paper with a wood or wire 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. (Ord. 2493 § 1, 2014; Ord. 2323 § 1 (part), 2010)

8.08.040 State license and city permit required.

A. Pursuant to chapter 70.77 RCW and this chapter, a permit issued by the fire chief or his or her designee shall be required for any activity enumerated in RCW 70.77.255(1) or SMC 8.08.140.

B. No permit for the activities set forth in RCW 70.77.255(1) shall be issued until:

1. A license issued by the Chief of the Washington State Patrol is filed with the fire chief or his or her designee; and

2. A certificate of insurance as required by SMC 8.08.070 and chapter 70.77 RCW is filed. (Ord. 2323 § 1 (part), 2010)

8.08.050 Inspection required.

Prior to the issuance of any permit, the fire chief or his or her designee shall perform an inspection of any structure or building intended for retail activity, wholesale activity, manufacturing activity, fireworks storage, or public display of fireworks, to determine whether such structures or buildings comply with the requirements of the Revised Code of Washington, the Washington Administrative Code or the city code. No permit shall be issued until such structures or buildings comply with applicable laws. (Ord. 2323 § 1 (part), 2010)

8.08.055 Copy of license to be filed.

Any person who obtains a permit as required by this chapter shall file with the fire chief, a copy of each license for such activity required by chapter 70.77 RCW. (Ord. 2323 § 1 (part), 2010)

8.08.060 Sale permit – Fee.

The annual permit fee for the sale of such fireworks as may be authorized hereunder, or may be authorized by the provisions of the laws of the state of Washington, shall be $50.00 per year payable in advance. (Ord. 2323 § 1 (part), 2010)

8.08.070 Certificate of insurance required.

A. As a condition of the issuance of any permit required by this chapter, and at all times during the sale, storage, or display of fireworks pursuant to the authority granted by a permit issued pursuant to this chapter, every retailer, wholesaler, manufacturer, or pyrotechnic operator operating within the city limits of Sumner shall obtain and have in effect a bond or insurance in the amounts required by RCW 70.77.270, 70.77.285 and 70.77.295. The fire chief shall approve the bond or insurance if it meets the requirements of this section.

B. Any certificate of insurance or bond required by this chapter or the sections of chapter 70.77 RCW adopted by this chapter shall provide that:

1. The insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the fire chief and the Chief of the Washington State Patrol through the director of fire protection;

2. The city of Sumner, its employees, officers, agents, volunteers, and officials are included as additional insureds; and

3. The city of Sumner is not responsible for any premiums or assessments on the policy.

C. Nothing in this section shall relieve any person of the insurance requirements in chapter 70.77 RCW. (Ord. 2323 § 1 (part), 2010)

8.08.080 Activities to be conducted in a safe and reasonable manner.

A. All retailers of fireworks or persons publicly displaying fireworks shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this chapter shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner. The issuance of a permit shall not be deemed an endorsement by the city of Sumner of the activity engaged in.

B. The city shall not be liable to any person, corporation, entity or holder of property for any damage that is caused by or derived from the display of fireworks, and the person displaying fireworks assumes all risks of such display, and shall hold the city and its employees and officials harmless from any and all claims or causes of action for damage caused by or derived from such display. (Ord. 2323 § 1 (part), 2010)

8.08.090 Permit required for sales – Application.

An application for a permit to sell fireworks shall be made in writing to the fire chief or his or her designee no later than June 15th of the year for which permit is sought, on forms provided for that purpose. Permit fees, inspection, and plan review charges shall be charged as required by resolution of the city council. The fire chief or his or her designee shall deny or grant any such application in writing. The fire chief or his or her designee may place reasonable conditions on any permit issued. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord. 2323 § 1 (part), 2010)

8.08.100 Retail fireworks stands.

The following requirements shall apply to the operation of retail fireworks stands (hereinafter “stand”):

A. Prior to opening for business, a stand must be inspected and approved by the fire chief or his or her designee.

B. Inspections of stands shall not be conducted until the fire chief or his or her designee has received the following:

1. A temporary use application;

2. Documentation of approval by the community development department;

3. A business license;

4. A copy of the state license required by chapter 70.77 RCW; and

5. Proof of insurance as required by SMC 8.08.070.

C. Fire lanes and hydrants shall be maintained clear of obstruction and provide access at all times.

D. No decorations shall be used unless flameproof.

E. Electrical extension cords shall not be used without specific approval of the State Electrical Inspector or the fire chief or his or her designee.

F. No stand shall be located within 25 feet of any other building, including motor homes and trailers, nor within 50 feet of any gasoline or LPG dispensing device.

G. Each stand shall have at least two exits. Exits must be doors that open outward and must be clear and unlocked when the stand is occupied.

H. Security fencing, where installed, shall be placed not less than three feet from the exterior wall of the stand. The area between the exterior wall of the stand and the security fencing shall be maintained clear of storage and all obstructions at all times.

I. Each stand shall have at least two properly operating 2A, 20BC extinguishers mounted on the stand and easily accessible. Occupants must be physically capable of using the extinguishers, and must know how to operate the extinguishers.

J. Smoking is prohibited inside stands and within 25 feet of the exterior of stands. “No Smoking” signs shall be posted on the exterior front, back and sides, and interior of the stand.

K. No stand shall be located closer than 600 feet from another stand.

L. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

M. Stands shall be operated by adults, 18 years of age or older only. No fireworks shall be left unattended in a stand.

N. Every stand shall have a sign stating:

NO FIREWORKS MAY BE SOLD TO ANY PERSON UNDER THE AGE OF SIXTEEN YEARS. THE DISCHARGE OF FIREWORKS IS ONLY PERMITTED BETWEEN THE HOURS OF 12:00 P.M. (NOON) AND 12:00 A.M. (MIDNIGHT) ON JULY 4. SUMNER MUNICIPAL CODE SECTION 8.08.110.

Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting colors, readily readable from at least 10 feet. Signs shall be affixed to the front of the stand and shall be visible to the public at all times the stand is open for business.

O. Overnight sleeping in a stand is prohibited.

P. Heating appliances are prohibited in stands.

Q. All fireworks shall be stored within the stand. No additional fireworks may be stored or maintained on the site.

R. All unsold fireworks, accompanying litter, and the stand shall be removed from the location by 12:00 noon on the sixth of July each year. (Ord. 2323 § 1 (part), 2010)

8.08.110 Sale and discharge of fireworks.

A. Except as permitted by this chapter and state law, it is unlawful to possess, discharge or sell at wholesale or retail any fireworks other than consumer fireworks.

B. No consumer fireworks shall be sold or offered for sale at retail within the city except from 12:00 noon on the twenty-eighth day of June to 9:00 p.m. on the fourth day of July of each year. No consumer fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m.

C. It is unlawful for a person to ignite, discharge, use or explode any consumer fireworks except between the hours of 12:00 p.m. (noon) and 12:00 a.m. (midnight) on July 4th.

D. It is unlawful for any person to discharge fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to discharge fireworks in a public park unless a written permit has been obtained by park commissioners. It is unlawful for any person to discharge fireworks on city property that is not a park without the express written permission of the city council.

E. No person shall sell any consumer fireworks to a consumer or user thereof under the age of 16 years.

F. No person under the age of 16 years shall possess or discharge any fireworks unless directly supervised by an adult who is responsible for the person under the age of 16 years.

G. The transfer of fireworks ownership, whether by sale at wholesale or retail, by gift or by other means of conveyance of title, or the delivery of any fireworks to any person who does not possess a valid permit at the time of such transfer where a permit is required by this chapter, is prohibited.

H. The sale, transportation, possession, or discharge of fireworks not marked with the manufacturer’s license number and State Fire Marshal’s classification, as required by chapter 70.77 RCW, is prohibited.

I. This section shall take precedence over and shall preempt any conflicting provision of the Revised Code of Washington or the Washington Administrative Code. (Ord. 2323 § 1 (part), 2010)

8.08.115 Sale and use of sky lanterns and similar devices unlawful.

It is unlawful to use, discharge, launch, ignite or sell at wholesale or retail any sky lantern or similar unmanned device that requires combustible material to propel or lift it into the air. (Ord. 2493 § 2, 2014)

8.08.120 Special purchase and use permits.

A. Religious organizations or private organizations or persons may purchase or use consumer fireworks on dates and at times other than that specified in SMC 8.08.110 if:

1. Purchased from a manufacturer, importer or wholesaler licensed pursuant to chapter 70.77 RCW;

2. For use on prescribed dates and locations;

3. For religious or specific purposes; and

4. A permit is obtained from the fire chief or his or her designee.

B. Applications for a permit required under this section shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each private or religious use of fireworks authorized by this section. The fire chief or his or her designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on such investigation, the fire chief or his or her designee may grant or deny such permit and may place reasonable conditions on any permit issued.

C. No permit issued pursuant to this section shall be transferable. If such permit is issued it shall be lawful only for the prescribed uses. A permit authorized by this section shall not be issued unless the applicant is over the age of 18 years. (Ord. 2323 § 1 (part), 2010)

8.08.130 Permit for public display.

A. An application to make a public display of fireworks shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each display. Application shall be submitted at least 10 days in advance of the proposed display.

B. The fire chief or his or her designee shall investigate whether the character and location of the display would be hazardous or dangerous to any person or property.

C. If the fire chief or his or her designee grants a permit for the public display of fireworks, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be conducted or supervised by a competent and experienced pyrotechnic operator approved by the fire chief or his or her designee.

D. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord. 2323 § 1 (part), 2010)

8.08.140 Agreement to confiscate and destroy illegal fireworks – Alternative to seizure process.

A. In lieu of the formal seizure and forfeiture process set forth in RCW 70.77.435 and 70.77.440, the city and the person possessing or selling fireworks subject to seizure may enter an agreement wherein the city agrees to confiscate and destroy the fireworks subject to seizure.

B. An agreement made pursuant to this section vests all right, title and possession in the fireworks with the fire chief or his or her designee. The fireworks may be immediately destroyed or otherwise disposed of at the discretion of the fire chief or his or her designee. (Ord. 2323 § 1 (part), 2010)

8.08.150 Permit revocation.

Violations of any provision of chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of the permittee to obey any rule, regulation or request of the fire chief or his or her designee concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 2323 § 1 (part), 2010)

8.08.160 Violation – Penalty.

A. Unless specifically designated in this chapter or specified in the Revised Code of Washington and adopted herein by reference as a gross misdemeanor or misdemeanor, any violation of this chapter is a Class 2 civil infraction and, upon a finding that a violation has been committed, the person committing the act shall be assessed an amount not to exceed $125.00 plus applicable statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law. A person is guilty of a separate offense for each day or occurrence during which he or she commits, continues, or permits a violation of any provision of, or permit issued under, this chapter.

B. “Civil infraction” has the meaning given that term by chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Sumner municipal court. (Ord. 2323 § 1 (part), 2010)

8.08.170 Severability.

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2323 § 1 (part), 2010)