Chapter 8.12
FIREWORKS
Sections:
8.12.015 Prohibition against discharge.
8.12.035 Permitted sale period.
8.12.036 Retail sales—Rules and regulations.
8.12.037 Type of fireworks allowed without permit.
8.12.040 Permit—Investigation—Report.
8.12.060 Permit—Public display.
8.12.110 Prohibition due to extreme fire danger.
8.12.120 Seizure of fireworks.
8.12.140 Other liabilities and legal rights not affected.
8.12.010 Definitions.
The definitions set forth in RCW Chapter 70.77 shall govern the construction of this chapter unless the context otherwise requires.
The words and phrases used for the purpose 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.
“Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of the Interior.
“Common fireworks” includes any fireworks which are designed primarily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations in the U.S Department of Transportation and designated at U.N. 0336 1.4G.
“Fireworks” means any composition or device, in a finished state, containing any combustible or explosive substance for the purposes of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated at U.N. 0335 1.3G or U.N. 0336 1.4G.
“Person” includes individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks.
“Pyrotechnics” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera.
“Sale at retail” includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.
“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 special fireworks to public display licensees.
“Special fireworks” includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated at U.N. 0335 1.3G. (Ord. O-01-22; Ord. O-5-91 § 1)
8.12.015 Prohibition against discharge.
Consumer fireworks may be used or discharged each day between the hours of twelve o’clock noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m. on December 31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW 70.77.311. (Ord. O-01-22)
8.12.020 Permit—Required.
A. No person, without an appropriate county permit, may:
1. Manufacture, import, possess or sell any fireworks at wholesale or retail for any use;
2. Make a public display of fireworks;
3. Transport fireworks, except as a public carrier delivering to a person holding a fireworks permit, in conformance with this chapter.
B. Except as authorized by a permit under subsection (A)(2) of this section, no person may discharge special fireworks at any place.
C. No person less than eighteen years may apply for or receive a permit under this chapter.
D. No permit is required for the possession or use of common fireworks lawfully purchased at retail. (Ord. O-01-22; Ord. O-5-91 § 2)
8.12.030 Permit—Application.
A. Any person desiring to do any action mentioned in Section 8.12.020(A)(1) or (A)(2) shall apply in writing to the county building and planning department for a permit no less than thirty days before the date of permitted sales.
B. Any person desiring to put on a public display of fireworks under Section 8.12.020(A)(2) shall apply in writing to the county building and planning department for a permit. Application shall be made at least thirty days in advance of the proposed display. (Ord. O-01-22; Ord. O-5-91 § 3)
8.12.035 Permitted sale period.
It is legal to sell and purchase consumer fireworks within the unincorporated areas of Adams County from twelve o’clock noon to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o’clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year, and as provided in RCW 70.77.311. (Ord. O-01-22)
8.12.036 Retail sales—Rules and regulations.
The sale of fireworks within the unincorporated areas of Adams County shall be in accordance with the Washington State Fireworks Law, RCW Chapter 70.77, and WAC Chapter 212-17 unless otherwise provided in this section.
A. No person under the age of eighteen shall be employed by the permittee in connection with the retail sale of fireworks.
B. Fireworks sold at retail shall be sold only in roadside stands or in buildings used for no other purpose. Such stands or buildings shall be permitted only if in compliance with Title 17.
C. Fireworks stands shall provide approved no smoking signs in red letters, not less than two inches in height, on a white background. All signs shall be maintained in a legible condition and shall be placed and displayed to be clearly visible and readable a minimum of twenty feet from the building or stand in which fireworks are sold at retail or stored after hours.
D. Smoking shall be prohibited within twenty-five feet of any building or stand in which fireworks are sold at retail or are stored after hours. Discharging fireworks within one hundred feet of any retail fireworks stand shall be prohibited.
E. Each retail fireworks location shall have not less than two water-type extinguishers of not less than two-and-one-half-gallon capacity or the equivalent.
F. There shall be at least two exits from all booths or buildings from which fireworks are sold. The two exits shall be unobstructed and open from the ground level to at least six feet in height.
G. There shall be no accumulations of dry grass, paper, cardboard, trash, lumber or other combustibles within one hundred feet of any retail fireworks outlet.
H. Fireworks shall not be sold within one hundred feet of any flammable or combustible liquid or liquid petroleum gas dispenser.
I. Retail fireworks licenses are for the retail sale of fireworks from prior to twelve p.m. on June 28th or after eleven p.m. on July 4th; and, prior to nine a.m. on December 31st or after eleven p.m. on December 31st of each year, per Section 8.12.035.
J. The temporary structure or stand(s) used for the retail sale of fireworks shall not be placed or erected more than one week prior to the first allowable sale date and shall be removed from the premises within one week after the last day of allowable sales; as set per Section 8.12.035. Any stand or structure remaining beyond one week may be removed by order of the Adams County building and planning department at the expense of the permittee or owner.
K. The retail licensee shall distribute, with each sale of fireworks, safety literature as approved by the Adams County fire marshal. (Ord. O-01-22)
8.12.037 Type of fireworks allowed without permit.
Only Class C (Common Fireworks USDOT 0336 1.4G) will be allowed to be sold, offered for sale, used, discharged, or possessed in Adams County without additional permits and licenses as required by state law. All other types of fireworks, special, agricultural, wildlife, and public display, will require additional permits from local officials. (Ord. O-01-22)
8.12.040 Permit—Investigation—Report.
The Adams County fire marshal, upon receiving an application for a permit under Section 8.12.030(A), shall review the application for compliance with local and state codes. Where an application is approved, a permit shall be issued, and an on-site inspection conducted for fire and life safety provisions in accordance with the requirements of the Washington State Fire Marshal’s office. (Ord. O-01-22; Ord. O-5-91 § 4)
8.12.050 Permit—Conditions.
The Adams County fire marshal may grant or deny an application for a permit under Section 8.12.030(A). The fire marshal may place reasonable conditions on any permit it issues. (Ord. O-01-22; Ord. O-5-91 § 5)
8.12.055 Appeals.
The written decision of the fire marshal may be appealed to the legislative body. An application for appeal shall be based on a claim that the true intent of this code, or the rules legally adopted thereunder, have been incorrectly interpreted, or the provisions of this code do not fully apply. (Ord. O-01-22)
8.12.060 Permit—Public display.
The Adams County fire marshal upon receiving an application for a permit under Section 8.12.030(B) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The Adams County fire marshal may grant or deny the application and may place reasonable conditions on any permit it issues. (Ord. O-01-22; Ord. O-5-91 § 6)
8.12.070 Permit—Bond.
Except as provided in RCW 70.77.355, the applicant for a permit under Section 8.12.030(B) for a public display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by Section 8.12.090 and shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate public liability insurance in the amount required by Section 8.12.090 for the benefit of the person named therein as insured, as evidence of ability to respond in damages. The county building and planning department, upon receiving the application, shall approve the bond or insurance if it meets the requirements of this section. (Ord. O-01-22; Ord. O-5-91 § 7)
8.12.080 Permit—Limitations.
If a permit under Section 8.12.030(B) for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. The permit granted is not transferable. (Ord. O-01-22; Ord. O-5-91 § 8)
8.12.090 Permit—Bond amounts.
In the case of an application for a permit under Section 8.12.030(B) for the public display of fireworks, the amount of the surety bond or certificate of insurance required under Section 8.12.070 shall be not less than fifty thousand dollars and one million dollars for bodily liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event. (Ord. O-01-22; Ord. O-5-91 § 9)
8.12.100 Permit—Fee.
The fee for any permit required by Section 8.12.020 shall be as set forth in Table 1-A of the Adams County master fee schedule established and set by resolution by the board of county commissioners. (Ord. O-01-22; Ord. O-5-91 § 10)
8.12.110 Prohibition due to extreme fire danger.
Effective June 13, 2017, and all times thereafter during periods of extreme fire danger, the Adams County fire marshal may order prohibition of the sale and/or discharge of all fireworks; provided, however, that any such order shall only be issued following the consent of a majority of the board of Adams County commissioners. For the purpose of this section “extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. (Ord. O-01-22; Ord. O-02-16 § 1)
8.12.120 Seizure of fireworks.
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the fire marshal, the sheriff’s department, code enforcement or any such official as designated by the board of county commissioners to perform the duties of fire marshal. Any fireworks seized under this section may be disposed of by the fire marshal, or his designee, by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later. (Ord. O-01-22)
8.12.130 Penalty.
Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars and by imprisonment for not more than ninety days, or by both such fine and imprisonment. (Ord. O-01-22)
8.12.140 Other liabilities and legal rights not affected.
Nothing in this chapter shall add to or diminish any other legal rights or liabilities, either civil or criminal, arising out of the negligent, reckless, knowing or intentional conduct of any person. (Ord. O-01-22)