Chapter 9.42
FIREWORKS PROHIBITIONS AND PERMITS
Sections
9.42.030 Fireworks prohibited.
9.42.035 Permitting illegal firework discharge.
9.42.040 Public display of fireworks – Permit.
9.42.050 Public display permit – Bond or insurance for liability.
9.42.060 Authority to issue permits and enforce chapter.
9.42.070 Public display permit – Granted for exclusive purpose – Nontransferable.
9.42.080 Denial of permit – Appeal.
9.42.090 Public display of fireworks – Construction and storage of shells.
9.42.100 Public display of fireworks – Preparation of site and crowd control – Operation.
9.42.110 Public display of fireworks – Installation of mortars.
9.42.120 Public display of fireworks – Electrical firing unit – Firing of shells.
9.42.127 Use of sky lanterns and similar devices unlawful.
9.42.010 Scope.
This chapter shall apply to the manufacture, possession, storage, sale, transportation, and use of fireworks. Nothing in this chapter shall prohibit:
(1) The use of fireworks or flares for signal or illumination for safety purposes;
(2) The use of fireworks for signal purposes in athletics or sports;
(3) The use of fireworks by federal or state military organizations;
(4) The sale and use of hand-held sparklers, toy caps, blank cartridges, trick and novelty devices; and
(5) Special effects for motion picture, radio, television, theatrical, or opera production, or live entertainment. [Ord. 1362 § 1, 2005.]
9.42.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings.
(1) The definitions of chapter 70.77 RCW as presently constituted or as may be subsequently amended are adopted by reference and shall govern the construction of this chapter when applicable.
(2) “Fire Marshal” means the Fire Marshal of South King Fire and Rescue.
(3) “Trick and novelty devices” means a device defined in WAC 212-17-025, as presently constituted or as may be subsequently amended. [Ord. 1791 § 2, 2024; Ord. 1684 § 3, 2017: Ord. 1362 § 2, 2005.]
9.42.030 Fireworks prohibited.
Except as authorized by a permit for the public display of fireworks, as defined in RCW 70.77.160, or for religious purposes as authorized by RCW 70.77.311(2), no person, firm or corporation shall manufacture, possess, sell, store, ignite, explode or discharge any fireworks or firecrackers within the city limits of the city of Des Moines. The manufacture, possession, sale, discharge or storage of five pounds or more of fireworks or firecrackers is a misdemeanor. [Ord. 1537 § 1, 2012: Ord. 1362 § 3, 2005.]
9.42.035 Permitting illegal firework discharge.
(1) It shall be unlawful for an owner of real property, or a person renting, leasing, or who has control over the use of real property, to:
(a) Permit the property that he or she owns, rents, leases or has control over, to be utilized for the discharge of fireworks unless properly permitted pursuant to this chapter; or
(b) Permit any person to bring, possess, or deposit any fireworks on the property that he or she owns, rents, leases or has control over unless properly permitted pursuant to this chapter; or
(c) Fail to remove any fireworks or parts of fireworks, whether discharged or not, that have been deposited upon any street, sidewalk or other public place by a resident, guest, licensee, or invitee of the property that he or she owns, rents, leases or has control over.
(2) There shall be a rebuttable presumption that the owner of property, or a person renting, leasing, or who has control over the use of property hosting a gathering where multiple fireworks are discharged, has permitted the use, possession, or deposit of fireworks on the property.
(3) It shall be a defense to a violation of this section that following the discharge or deposit of fireworks, the defendant did not permit the person or persons responsible for depositing or discharging fireworks to return or remain on their property and provided the name of the person or persons responsible to law enforcement. [Ord. 1791 § 1, 2024.]
9.42.040 Public display of fireworks – Permit.
Public displays of fireworks shall be allowed pursuant to the definitions and permit provisions in RCW 70.77.255, 70.77.260(2), 70.77.280 through 70.77.295 as follows:
(1) Application for Permit. A person desiring to give a public display of fireworks shall make an application for a permit to operate the public display, in writing, to the city clerk. Such application shall set forth:
(a) The name of the organization sponsoring the display, together with the names of persons actually in charge of the firing of the display;
(b) The date and time of day at which the display is to be held;
(c) The exact location planned for the display;
(d) A description setting forth the age and experience of the persons who are to do the actual discharging of the fireworks;
(e) The number and kind of fireworks to be discharged;
(f) The manner and place of storage of such fireworks prior to the display; and
(g) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, streets, and other lines of communication within 200 feet of the point of discharge, the lines or other overhead obstructions.
(2) Fee for Public Display Permit. The fee for the permit is set by written executive order of the city manager. The permit required by this chapter is in addition to the permit required by the city clerk, including but not limited to a special event permit.
(3) Investigation of Site – Certificate of Compliance by the Fire Marshal. Upon receipt of such application, at least 30 days in advance of the date set for the display, the fire marshal shall make an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. If the fire marshal is satisfied that the display is lawful and there has or will be full compliance with the law, the fire marshal shall issue a written recommendation. The recommendation is kept on file in the office of the city clerk and available for review by the hearing examiner. If the fire marshal finds that the permit applicant has complied with the law, the fire marshal may issue a certificate of compliance stating that the fire marshal endorses the display as being in conformance with all parts of the law and with these regulations. For a scheduled public display, applicant shall submit such information as deemed appropriate by the city police department to ensure that adequate traffic control and crowd protection policing has either been arranged through private security agencies or has been contracted for with the city police department. A written notice that the applicant has complied with the requirement is issued by the chief of the city police department before a public display permit is issued. In no event should the sum agreed upon in payment for policing be less than the actual expense incurred by the city in providing that service. Such consideration is calculated for personnel resources using the hourly rate for overtime under the current collective bargaining agreement, plus that percentage then being paid for fringe benefits, and all sums paid under such contract are paid in accordance with procedures specified by the city finance director.
(4) Operator and Assistant. A public display of fireworks shall be handled by at least one state licensed operator and one assistant at least 18 years of age and shall be of such character, and so located, discharged or fired, that, in the opinion of the fire marshal, after proper investigation, it will not constitute a hazard to property or endanger a person.
(5) Licensed Pyrotechnician. All fireworks shall be fired under the direction of a pyrotechnician licensed by the state.
(6) Cash Deposit. A cash deposit in an amount set by written executive order of the city manager shall be posted with the city clerk at least 30 days in advance of the public display date to provide for costs of site cleanup. The deposit is forfeited to the city if the operator fails to perform the cleanup within four days of the public display. If the operator properly performs the cleanup, the deposit is returned to the operator. [Ord. 1362 § 4, 2005.]
9.42.050 Public display permit – Bond or insurance for liability.
(1) 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 conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by the public display of fireworks, or 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 for the benefit of the person named therein as assured, as evidence of ability to respond in damages. The city clerk receiving the application shall approve the bond or insurance if it meets the requirements of this chapter.
(2) The amount of the surety bond or certificate of insurance shall be not less than $50,000 and $1,000,000 for bodily injury liability for each person and event, respectively, and not less than $50,000 for property damage liability for each event, and naming the city as an additional insured.
(3) If insurance in this amount is not readily available from at least three insurance companies approved by the state, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different state approved insurance companies. [Ord. 1362 § 5, 2005.]
9.42.060 Authority to issue permits and enforce chapter.
(1) The city clerk shall issue all permits required under this chapter. As a condition of a permit, the fire marshal may specify additional safeguards as necessary to provide for the public safety. The fire marshal shall investigate all permit applications to determine potential hazard to property or individuals and shall file a written report if the fire marshal denies a permit. These reports are kept in the office of the city clerk and are available for review by the city hearing examiner.
(2) The fire marshal, or the fire marshal’s duly authorized representative, is designated the enforcing officer of this chapter. In addition to all the grounds for revocation of a permit set forth in the general provisions of this chapter, a failure or refusal on the part of a person holding a permit issued under the provisions of this chapter, or a person employed by the permit holder, to obey a rule or request of the fire marshal, or the fire marshal’s duly authorized representative, concerning the manufacture, storage, use, sale, or display of fireworks, is a violation of this chapter and is grounds for the revocation of the fireworks permit.
(3) The fire marshal may request the assistance of the city police department in enforcing the provisions of this chapter. [Ord. 1362 § 6, 2005.]
9.42.070 Public display permit – Granted for exclusive purpose – Nontransferable.
If a permit 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. 1362 § 7, 2005.]
9.42.080 Denial of permit – Appeal.
An applicant who has been denied a permit is entitled to a review of the decision by appeal to the hearing examiner in accordance with the provisions of the hearing examiner code. Such appeal shall be in writing and must be filed with the city clerk within 10 days of receipt of the notice of permit denial. [Ord. 1362 § 8, 2005.]
9.42.090 Public display of fireworks – Construction and storage of shells.
(1) The construction of shells for public displays shall conform with WAC 212-17-305, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(2) The storage of shells for public displays shall conform with WAC 212-17-310, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(3) There shall be at least two 2A-rated fire extinguishers (two and one-half gallon water), approved by Underwriters’ Laboratories, Inc., kept as widely separated as possible within the actual area where the discharging will occur. [Ord. 1362 § 9, 2005.]
9.42.100 Public display of fireworks – Preparation of site and crowd control – Operation.
(1) The site preparation and crowd control for public displays shall conform with WAC 212-17-325, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(2) The operation of public displays shall conform with WAC 212-17-330, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(3) All dry grass, weeds, and other combustible waste matter within 50 feet of the firing site shall be removed. [Ord. 1362 § 10, 2005.]
9.42.110 Public display of fireworks – Installation of mortars.
The installation of mortars for public displays shall conform with WAC 212-17-315, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter. [Ord. 1362 § 11, 2005.]
9.42.120 Public display of fireworks – Electrical firing unit – Firing of shells.
(1) The electrical firing unit for public displays shall conform with WAC 212-17-317, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(2) The firing of shells for public displays shall conform with WAC 212-17-335, as presently constituted or as may be subsequently amended, together with amendments contained in this chapter.
(3) Only permitted fireworks are authorized for use.
(4) When the display is fired from a barge, dock, pier, or vessel, a security area shall be established around the firing site to prevent boats from entering the fallout area. No boats are allowed within 200 feet of the firing or storage site. A boat shall be on standby to remove personnel from the firing site or water in an emergency. Additional fire extinguishers, rated 2A minimum and approved by Underwriters’ Laboratories, Inc., shall be on the firing site and so spaced that an extinguisher shall be available within 30 feet at all times.
(5) No smoking or open flames is allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.
(6) Fireworks remaining unfired after the display shall be immediately disposed of or removed from the city in a safe manner.
(7) The debris from discharged fireworks shall be properly disposed. [Ord. 1362 § 12, 2005.]
9.42.125 Sky lantern defined.
“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. 1562 § 1, 2013.]
9.42.127 Use of sky lanterns and similar devices unlawful.
It is unlawful for any person to use, discharge, launch or ignite within the city any sky lantern or unmanned free-floating device which requires fire underneath to propel and which is not moored to the ground while aloft. [Ord. 1562 § 2, 2013.]
9.42.130 Penalties.
(1) Unless otherwise noted, a violation or failure to comply with any part of this chapter is a class 1 civil infraction. Any person who violates any portion of this chapter shall be subject to having their fireworks confiscated as provided in RCW 70.77.435.
(2) A person is guilty of a separate offense for each action which violates any provision of, or any order, rule, or regulation made pursuant to, this chapter.
(3) Civil proceedings to enforce this chapter may be brought in the city of Des Moines municipal court or in the superior court for King County. [Ord. 1537 § 2, 2012: Ord. 1362 § 13, 2005.]