Chapter 5.16
FIREWORKS
Sections:
5.16.040 Prohibited fireworks.
5.16.050 Fireworks restrictions during certain emergencies.
5.16.070 Application for permit.
5.16.080 Public display of fireworks and use of pyrotechnic effects.
5.16.100 Seizure of fireworks.
5.16.110 Violation – Civil infraction.
5.16.010 Scope.
This chapter shall apply to the manufacture, possession, storage, sale, transportation and use of fireworks. Nothing in this chapter shall be construed to prohibit the use of fireworks:
A. By railroad or other transportation agencies for signal or illumination purposes;
B. For signal purposes in athletics or sports;
C. By military organizations;
D. For the sale and use for blank cartridges for show or theater. (Ord. 829 § 1, 2021; Ord. 584, 1998).
5.16.020 Definitions.
The definitions set forth in the following sections of the Revised Code of Washington (RCW), as now exist or as hereafter may be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.77.126, 70.77.131, 70.77.136, 70.77.138, 70.77.141, 70.77.146, 70.77.160, 70.77.205, 70.77.210 and 70.77.215, and any other applicable definition in NFPA 1123, 1124, and 1126, Chapter 70.77 RCW and Chapter 212-17 WAC.
“Enforcement officer” shall include, for purposes of this chapter and RCW 7.80.040, as it now exists or as it may hereafter be amended, the mayor or their designee and any law enforcement officer.
“Possess” shall mean to have control of fireworks within the city and includes both actual possession and constructive possession. “Actual possession” occurs when the person with control has physical possession. “Constructive possession” occurs when the person with control does not have physical possession. (Ord. 829 § 1, 2021; Ord. 584, 1998).
5.16.030 Authority.
A. The fire marshal or his designee shall have authority to issue and condition permits required by this chapter.
B. The fire marshal and the sheriff or their designees have authority to enforce the provisions of this chapter. (Ord. 829 § 1, 2021; Ord. 584, 1998. Formerly 5.16.040).
5.16.040 Prohibited fireworks.
No person may sell, possess, discharge, or make any other use of any fireworks in the town of Waterville, except:
A. Agricultural and wildlife fireworks;
B. A public display of fireworks;
C. Use of pyrotechnic special effects and use or discharge of fireworks or pyrotechnic special effects inside a structure as permitted under this chapter. (Ord. 829 § 1, 2021).
5.16.050 Fireworks restrictions during certain emergencies.
Following the conclusion and finding of fact that a state or condition of emergency exists, the town council shall have the authority to ban the sale, possession, and transportation of fireworks for use in the incorporated area of the town. For the duration of the declared emergency, the use of fireworks in the incorporated area of the town is strictly prohibited. (Ord. 829 § 1, 2021; Ord. 584, 1998. Formerly 5.16.062).
5.16.060 Permits.
A. In addition to a license issued by the State Director of Fire Protection, a person shall be required to obtain a permit to:
1. Manufacture, produce, package, store, or sell at wholesale fireworks;
2. Make a public display of fireworks;
3. To use pyrotechnic special effects;
4. To use or discharge fireworks or pyrotechnic special effects inside a structure. (Ord. 829 § 1, 2021; Ord. 584, 1998. Formerly 5.16.030).
5.16.070 Application for permit.
A. Application for Permit. All permits required by this section shall be issued by the fire marshal or his/her designee. As a condition of any permit, the fire marshal may specify additional safeguards as necessary to provide for the public safety. The applicant shall apply for a permit on the form provided by the town. The form shall have all pertinent information and be properly filled out by the applicant at the time of application and shall be accompanied by an application fee. The fee shall be established by separate ordinance, as now exists or as may hereafter be enacted or amended.
B. No person under 21 years of age may apply for or receive a permit under this section and all assistants shall be at least 18 years of age.
C. An application for a permit shall be made in writing to the fire marshal or his/her designee at least 30 days in advance. After the permit is granted, transportation, storage, discharge, sale, possession, use and distribution of fireworks shall be lawful only for the purpose stated on the permit. No permit granted hereunder shall be transferable.
D. The fire marshal or his/her designee may issue permits for the transportation and storage of fireworks in bulk quantities under United States Department of Transportation classifications describing such quantity limitations, duration and conditions of storage or transport as the fire marshal shall deem necessary to provide for the public safety.
E. Because the use of consumer fireworks is prohibited in the town at all times pursuant to WMC 5.16.040, no permit for retail sale shall be granted.
F. The fire marshal shall have 10 days to process a complete permit application. Should the fire marshal find an application to be complete and in compliance with all the requirements of state statutes and regulations and all provisions of the city code, the fire marshal shall grant, with or without conditions as the common good may require, the permit application. If the permit application fails to meet all requirements, it shall be denied. (Ord. 829 § 1, 2021; Ord. 584, 1998. Formerly 5.16.030).
5.16.080 Public display of fireworks and use of pyrotechnic effects.
A. Every public display of fireworks, use or discharge of fireworks or pyrotechnic special effects inside a structure, and use of special pyrotechnic effects shall be handled by a competent operator approved by the fire marshal or his/her designee and shall be of such character, and so located, discharged or fired, that, in the opinion of the fire marshal or his/her designee after proper investigation, it will not constitute a hazard to property or endanger any person.
B. A state pyrotechnics license is required for operators of a public display of fireworks and use of special pyrotechnic effects. The fire marshal shall have the authority to require demonstration of any fireworks or special pyrotechnic effects.
C. A bond or certificate of insurance must be furnished to the fire marshal before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such 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 $1,000,000 combined single limit, per occurrence and annual aggregate; deductible of not more than $10,000; and naming the town of Waterville as an additional insured.
D. At least two Class 2-A and two Class 10-BC fire extinguishers shall be provided. Every display of fireworks and use of special pyrotechnic effects shall comply with NFPA 1123, 1124, and 1126, Chapter 70.77 RCW and Chapter 212-17 WAC, as applicable.
E. The town may revoke the applicant’s permit for noncompliance with this chapter or any other applicable town codes. (Ord. 829 § 1, 2021; Ord. 584, 1998).
5.16.090 Appeals.
A. An appeal of a decision granting or denying a license shall be filed with the town clerk within 14 calendar days after service of the decision on the applicant and shall be heard by the hearing examiner in an open record hearing in accordance with Chapter 14.12 WMC for review of such determination, which review shall be completed within 45 calendar days of the date of receipt of the notice of appeal. Appeals shall be subject to an administrative appeal fee in accordance with Chapter 3.99 WMC.
B. Decisions of the hearing examiner may be appealed to the Douglas County superior court. Notices of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. The appeal shall be a closed-record appeal based on the administrative record. (Ord. 829 § 1, 2021).
5.16.100 Seizure of fireworks.
A. The sheriff or his/her designee shall seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.
B. Any person whose fireworks are seized under the provisions of this section may, within 10 days after such seizure, petition in writing to return the fireworks seized upon the grounds that such fireworks were illegally or erroneously seized. Such petitions shall be considered by the sheriff or his/her designee within 15 days after filing and an oral hearing granted to the petitioner if requested. The decision of the sheriff shall be provided in writing to the petitioner.
C. The determination of the sheriff is final unless, within 60 days, an action is commenced in the Douglas County superior court for recovery of the fireworks seized by the sheriff.
D. Fireworks that are illegal for use and possession in this town shall be turned over to the State Fire Marshal for destruction. (Ord. 829 § 1, 2021; Ord. 584, 1998).
5.16.110 Violation – Civil infraction.
A. Violation. A first violation of this chapter shall be a Class 2 civil infraction.
B. Repeat Violation. A second and subsequent violation of this chapter shall be a Class 1 civil infraction.
C. Any person convicted of violating any of the provisions of this chapter shall be punished by payment of a fine consistent with RCW 7.80.120, as it now exists or as it may hereafter be amended, together with any statutory assessments, for each violation of the provisions of this chapter.
D. Chapter 7.80 RCW Sections Adopted by Reference. The following sections of the Revised Code of Washington (RCW), as now exist or may hereafter be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160. (Ord. 829 § 1, 2021; Ord. 584, 1998).