Chapter 9.72
FIREWORKS
Sections:
9.72.030 Implementation of statutes.
9.72.040 Possession, use, sale, and discharge of fireworks unlawful.
9.72.060 Permit required – Public display of fireworks.
9.72.070 Application for public display permit.
9.72.090 Issuance – Nontransferable – Voiding.
9.72.100 State-licensed pyrotechnician required.
9.72.110 Reinforcement of fire protection.
9.72.120 Revocation of permit.
9.72.130 Seizure of fireworks.
9.72.010 Definitions.
The following definitions set forth in chapter 70.77 RCW as now stated or hereafter amended are hereby adopted by reference:
RCW
70.77.126 Definitions – “Fireworks.”
70.77.131 Definitions – “Display fireworks.”
70.77.136 Definitions – “Consumer fireworks.”
70.77.138 Definitions – “Articles pyrotechnic.”
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.”
70.77.177 Definitions – “Local fire official.”
70.77.180 Definitions – “Permit.”
70.77.182 Definitions – “Permittee.”
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.”
70.77.241 Definitions – “Permanent storage” – “Temporary storage.”
(Ord. 1548 § 1, 2004).
9.72.020 Findings of fact.
The city council hereby makes the following findings of fact:
A. The risks of fires and the danger to public safety and property damages are increased by the sale and use of fireworks within the city.
B. The types of fireworks involved in fires within the city include both illegal fireworks, and legal (common) fireworks as defined in RCW 70.77.136.
C. Banning the use of all fireworks within the city is rationally related to the legislative purpose of reducing and/or eliminating the risk of major property damage and risk to public safety which results from the sale, possession and use of any fireworks. (Ord. 1548 § 1, 2004).
9.72.030 Implementation of statutes.
This chapter is intended to implement chapter 70.77 RCW, and shall be construed in accordance with that statute and any and all administrative regulations issued pursuant thereto. (Ord. 1548 § 1, 2004).
9.72.040 Possession, use, sale, and discharge of fireworks unlawful.
No person, firm, or corporation shall possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as herein provided in BMC 9.72.050. (Ord. 1548 § 1, 2004).
9.72.050 Exceptions.
This chapter shall not be construed to prohibit the following:
A. The sale, transportation, handling, or use of industrial pyrotechnic devices or fireworks, such as railroad torpedoes, fusees, automotive, aeronautical, and marine flares and smoke signals; or
B. The sale and use of blank cartridges for signal or ceremonial purposes; in athletics or sports; or legal power tools; or
C. The transportation, handling, or use of any pyrotechnic devices by the armed forces of the United States; or
D. The use of pyrotechnics in training by the fire service, law enforcement, or similar government agencies; or
E. In accordance with RCW 70.77.311, the use of common fireworks and such audible ground devices such as firecrackers, salutes, and chasers if:
1. Purchased from a licensed manufacturer, importer, or wholesaler;
2. For use on prescribed dates and locations;
3. For religious or specific purposes; and
4. A permit is obtained from the city; provided, that no fee shall be charged for such permit; or
F. Public fireworks displays authorized by permit issued by the city pursuant to RCW 70.77.260(2); or
G. Pursuant to RCW 70.77.405, the sale and use of trick and novelty devices as defined in WAC 212-17-030, as amended; or
H. The use of agricultural and wildlife fireworks as defined in WAC 212-17-045, as amended; or
I. The assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use such fireworks. (Ord. 1548 § 1, 2004).
9.72.060 Permit required – Public display of fireworks.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 1548 § 1, 2004).
9.72.070 Application for public display permit.
A. Applications for a permit to hold, conduct or operate a public display of fireworks as defined under chapter 70.77 RCW shall be made to the fire chief. Such a permit shall also require the approval of the police chief or designee. Applications shall be made not less than 14 days prior to the display. Applicants shall meet all qualifications and requirements of state law regarding the public display of fireworks, and all requirements of Article 78 of the Uniform Fire Code, as adopted by the city. Applicants for a public display permit shall hold a pyrotechnic operator license, as set forth in BMC 9.72.100.
B. Except as provided in RCW 70.77.355, the applicant for a permit 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 RCW 70.77.295 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 liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as assured, as evidence of ability to respond in damages. (Ord. 1548 § 1, 2004).
9.72.080 Permit fees.
The fee for a public display permit for the public display of fireworks shall be adopted by city council resolution, payable in advance. (Ord. 1799 § 16, 2014; Ord. 1548 § 1, 2004).
9.72.090 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee, and shall be nontransferable. Any transfer or unauthorized use of a permit shall void the permit granted in addition to all other sanctions provided in this chapter. (Ord. 1548 § 1, 2004).
9.72.100 State-licensed pyrotechnician required.
Applicants shall hold a pyrotechnic operator license issued by the state as defined by chapter 70.77 RCW and chapter 212-17 WAC. All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnician. (Ord. 1548 § 1, 2004).
9.72.110 Reinforcement of fire protection.
When, in the discretion of the fire chief, additional standby firefighting resources are necessary to preserve the public health, safety and welfare, a public display permit may require that the permittee fund such additional firefighting resources. Firefighters shall receive a minimum compensation as per the Washington State Association of Fire Chiefs’ fee schedule. All compensation for fire department apparatus will be as per the Washington State Association of Fire Chiefs’ fee schedule and shall be designated to the general fund. (Ord. 1548 § 1, 2004).
9.72.120 Revocation of permit.
Any public display permit may be immediately revoked at any time deemed necessary by the fire chief due to any noncompliance with permit conditions, or unforeseen weather conditions such as extremely low humidity or high winds. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. This provision shall be construed as supplementing Section 7802.4.9.5 of the Uniform Fire Code as adopted by the city, and shall not be construed as a limitation of that section of the Uniform Fire Code. (Ord. 1548 § 1, 2004).
9.72.130 Seizure of fireworks.
Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter are subject to seizure by law enforcement officers of the city of Burlington. (Ord. 1572 § 1, 2005; Ord. 1548 § 1, 2004).
9.72.140 Penalty.
A. This chapter is adopted for the general benefit of the public, and not for the particular benefit of any individual person or group of persons.
B. Any person, firm, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, such person, firm or corporation shall be subject to punishment by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or both such fine and imprisonment.
C. It is unlawful for any person to discharge or use 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 is a gross misdemeanor.
D. A person is guilty of a separate offense for each day during which he or she commits or continues a violation of any provision of this chapter. (Ord. 1548 § 1, 2004).