Chapter 8.30
FIREWORKS
Sections:
8.30.020 Sales, possession and discharge of fireworks.
8.30.030 Display fireworks – Requirements.
8.30.080 Unlawful possession or discharge – Penalty.
8.30.010 Definitions.
The definitions of Chapter 70.77 RCW shall govern the construction of this chapter when applicable and are adopted by reference as if fully set forth in this chapter.
The following definitions applicable to this chapter are restated for convenience:
A. “Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty milligrams or less of explosive materials, and aerial devices containing one hundred thirty milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed fifty milligrams of salute powder.
B. “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed fifty milligrams of salute powder.
C. “Trick and novelty devices” means any small fireworks devices that are not regulated as explosives and are not classified as consumer or display fireworks by the United States Department of Transportation. As provided in WAC 212-17-025, these devices must still comply with all labeling requirements of the Consumer Product Safety Commission. “Trick and novelty devices” includes snakes, glowworms, party poppers, snappers, toy smoke devices, and toy paper caps containing not more than twenty-five-hundredths grain of explosive compound for each cap. “Trick and novelty devices” does not include any kind of sparklers.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Amended, 06/05/2012; Ord. O2006-007, Added, 02/21/2006)
8.30.020 Sales, possession and discharge of fireworks.
A. Trick and novelty devices may be sold and used at all times.
B. Consumer fireworks shall not be sold or discharged in the city.
C. The sale, use and possession of display fireworks or any other fireworks not described in TMC 8.30.010 shall be unlawful unless sold, possessed or used in accordance with the provisions of Chapter 70.77 RCW.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Amended, 06/05/2012; Ord. O2006-007, Added, 02/21/2006)
8.30.030 Display fireworks – Requirements.
The provisions of this section are supplemental to the provisions of Chapter 70.77 RCW and its implementing rules and regulations as set forth in Chapter 212-17 WAC. Both Chapter 70.77 RCW and Chapter 212-17 WAC are adopted by reference as if fully set forth herein as written or hereafter amended.
A. Any person desiring to put on a public or private display of display fireworks, pursuant to RCW 70.77.160, shall apply for a permit and pay the fee as established by the city council and set forth in the city’s fee resolution to the city of Tumwater fire chief or designee. Application shall be made a minimum of thirty days in advance of the proposed date for display. In addition to the requirements for a permit set forth in WAC 212-17-270, the applicant shall provide evidence of written permission of the landowner if other than the sponsoring organization for the use of his/her land for the display.
B. The fire chief, or designee, shall investigate whether the character and location of the display as proposed would be hazardous to any person or to property. Based on the investigation the fire chief or designee shall submit a report of findings and a recommendation for or against the issuance of a permit, together with reasons supporting the recommendation, to the city council. The city council may grant or deny the application. If the application is granted, the council may place reasonable conditions on any such permit issuance, including but not limited to: (1) written notice of the date, time and length of said display to residents and business owners within the area to be affected by the display, (2) posting of public notice to include the date, time and length of said display in locations designated by the city council, and (3) publication of notice to include the date, time and length of the display in the local newspaper of general circulation, said conditions to be accomplished at the applicant’s expense. Denial of an application will be at the discretion of the city council, and the grounds therefor will be stated by the council at the time of its consideration of the application.
C. A permit for a public or private display of display fireworks shall not be issued unless the person applying for the permit is a holder of a valid license issued according to RCW 70.77.170. The applicant for a permit for a public or private display of display fireworks shall, at the time of application, submit his or her license to the fire chief or designee for inspection.
D. If the city council grants a permit for the public or private display of display fireworks, the sale, possession and use of fireworks for the display are lawful for that purpose only. No such permit shall be transferable, except for the exceptions noted below:
1. If the sponsoring organization for the display desires to transfer the permit to another sponsoring organization, with no other changes from the original application, the fire chief or designee will have authority to issue a new permit indicating the new sponsoring organization without city council approval; or
2. If the pyrotechnic operator will be a person other than the person listed on the original application, the fire chief or designee will have authority to issue a new permit indicating the name and license number of the new pyrotechnic operator without city council approval.
Any unauthorized transfer or attempted transfer of a permit will operate to void the permit. Every such display shall be handled or supervised by a competent and experienced and licensed pyrotechnic operator approved by the fire chief or designee.
E. The applicant for a permit for a public or private display of display fireworks shall be required to include with their application evidence of a bond, as set forth in RCW 70.77.285; or in lieu of a bond, a certificate of insurance coverage evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295.
F. Within twenty-four hours of the discharge of display fireworks, the grounds around the launch site and within the general area shall be inspected by the fire chief or designee for purposes of ensuring proper disposal and cleanup of fireworks debris.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Amended, 06/05/2012; Ord. O2006-007, Added, 02/21/2006)
8.30.040 Unlawful sales.
Any person, firm or corporation selling consumer fireworks in the city at any time shall be guilty of a misdemeanor.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2014-018, Amended, 12/16/2014; Ord. O2012-010, Added, 06/05/2012)
8.30.050 Unlawful transfer.
Any person who knowingly sells, transfers or agrees to sell or transfer within the city any display fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 RCW shall be guilty of a gross misdemeanor.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Added, 06/05/2012)
8.30.070 Enforcement.
The fire chief or designee, in conjunction with the Tumwater police department, is authorized to enforce all provisions of this chapter, and, in addition to the penalties set forth in TMC 8.30.080, the fire chief or designee may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the terms of the permit and with any orders and directives of the fire chief or designee in regards to the permit and/or to comply with any provisions of this chapter or other laws or regulations.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Amended, 06/05/2012; Ord. O2006-007, Added, 02/21/2006. Formerly 8.30.040)
8.30.080 Unlawful possession or discharge – Penalty.
It shall be unlawful for any person within the city of Tumwater to:
A. Possess display fireworks which are not authorized to be in the possession of a licensee pursuant to Chapter 70.77 RCW. Possession of less than one pound of said unauthorized display fireworks, exclusive of external packaging, shall constitute a misdemeanor and possession of one pound or more of said nonauthorized display fireworks, exclusive of packaging, shall constitute a gross misdemeanor. For purposes of this subsection, the term “external packaging” means any materials that are not an integral part of the operative unit of the fireworks.
B. Discharge consumer fireworks in the city. Violation of this subsection shall constitute an infraction. The penalty and bail amounts for such infraction shall be as set forth by court rule pursuant to Rule 6.2 of the Infraction Rules for Courts of Limited Jurisdiction.
C. Discharge or otherwise use any fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section shall constitute a gross misdemeanor.
D. To allow combustibles to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist on such premises. A violation of this subsection shall constitute a misdemeanor.
(Ord. O2016-034, Amended, 12/06/2016; Ord. O2012-010, Amended, 06/05/2012; Ord. O2006-007, Added, 02/21/2006. Formerly 8.30.050)