Chapter 8.12 FIREWORKS

It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the city without first having obtained a license pursuant to the provisions of this chapter. For the purpose of this chapter, the term “fireworks” shall have the same meaning as set forth in RCW 70.77.131 and 70.77.136. (Ord. 749 § 1, 1984; Ord. 105 § 2, 1962).

8.12.020 License – Fee.

The annual license fee for the sale of such fireworks as may be authorized under this chapter, or may be authorized by the provisions of the laws of the state, shall be payable in advance.

The current fee schedule relating to this section of the Fife Municipal Code is available at Fife City Hall and at the city of Fife’s website: www.cityoffife.org. (Ord. 1783 § 1 (Exh. A), 2012; Ord. 105 § 3, 1962).

8.12.030 Dangerous fireworks – Determination – Prohibited.

It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city. Any item of fireworks which is not classified as consumer fireworks as defined by RCW 70.77.136 shall be deemed dangerous and is prohibited by this chapter unless a permit has been obtained for an exhibition display. (Ord. 1774 § 1, 2012; Ord. 749 § 2, 1984; Ord. 105 § 4, 1962).

8.12.040 Days and hours of sale.

No licensee shall sell at retail or offer for sale any consumer fireworks authorized to be sold herein within the city, except from 12:00 noon to 11:00 p.m. on the twenty-eighth of June, from 9:00 a.m. to 11:00 p.m. on each day from the twenty-ninth of June through the fourth of July, from 9:00 a.m. to 9:00 p.m. on the fifth of July, from 12:00 noon to 11:00 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. 1774 § 2, 2012; Ord. 1752 § 1, 2011; Ord. 749 § 3, 1984; Ord. 105 § 5, 1962).

8.12.050 Use regulations – Exceptions.

No person shall use or discharge any fireworks within the city except each day between the hours of 12:00 noon and 11:00 p.m. on the twenty-eighth of June and between the hours of 9:00 a.m. and 11:00 p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of 9:00 a.m. and 12:00 midnight, and between the hours of 9:00 a.m. and 11:00 p.m. on July 5th, and from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year, and as provided in RCW 70.77.311; provided, that this prohibition shall not apply to (1) duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington, and (2) testing conducted by fireworks wholesalers when said testing is conducted in compliance with guidelines established by the fire marshal. (Ord. 1774 § 3, 2012; Ord. 1752 § 2, 2011; Ord. 1126 § 1, 1992; Ord. 749 § 4, 1984; Ord. 105 § 6, 1962).

8.12.060 Maximum number of licenses.

No person, firm or corporation shall receive more than one license for the sale of fireworks during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter shall not exceed one license for each 1,500 residents of the city, according to the last official census or the last estimate of the State Census Board. (Ord. 105 § 7, 1962).

8.12.070 License nontransferable.

A license granted pursuant to this chapter shall entitle the licensee to maintain only one retail outlet. All licenses issued pursuant thereto shall be used only by the designated licensee and shall be nontransferable. Any transfer or purported transfer of such a license shall be deemed a violation of this chapter. (Ord. 105 § 8, 1962).

8.12.080 Terms and conditions of license issuance.

A license for the sale of fireworks shall be issued only upon the terms and conditions set forth in FMC 8.12.090 through 8.12.130. (Ord. 105 § 9, 1962).

8.12.090 Valid license from state.

The applicant shall have a valid and subsisting license issued by the state authorizing the holder thereof to engage in the fireworks business. (Ord. 105 § 9(a), 1962).

8.12.100 Right to possess a temporary fireworks stand.

The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards set forth in FMC 8.12.150 through 8.12.230 for temporary fireworks stands. (Ord. 105 § 9(b), 1962).

8.12.110 Liability and property damage insurance required.

The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts: not less than $50,000 and $500,000 for bodily injury liability for each person and occurrence, respectively, and not less than $50,000 for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, coverage shall be in the maximum amount offered by at least three different approved insurance companies. (Ord. 1774 § 4, 2012; Ord. 105 § 9(c), 1962).

8.12.120 Location or place of business.

Licensees’ location or place of business shall be only those areas or zones within the city wherein commercial activities are authorized under the applicable zoning laws of the city; provided, that the sale of common fireworks shall not be deemed an enlargement of an existing nonconforming use; and provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist. (Ord. 749 § 5, 1984; Ord. 105 § 9(d), 1962).

8.12.130 Performance bond or cash deposit.

The applicant shall post with the city a performance bond or cash deposit in an amount not less than $50.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the city. In the event of his failure to do so, the performance bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of the bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by July 10th of each year. (Ord. 105 § 9(e), 1962).

8.12.140 All sales from temporary stands.

All consumer fireworks shall be sold only from temporary stands. (Ord. 1774 § 5, 2012; Ord. 749 § 6, 1984; Ord. 105 § 10, 1962).

8.12.150 Temporary stands – Conformance with regulations.

The temporary stands of all licensees shall conform to the minimum standards and conditions set forth in FMC 8.12.160 through 8.12.230. (Ord. 105 § 11, 1962).

8.12.160 Temporary stands – Erection and construction.

Temporary fireworks stands need not comply with all provisions of the building code of the city; provided, however, that all such stands shall be erected under the supervision of the fire chief of Pierce County Fire Protection District No. 10 or his duly authorized representative, who shall require all stands to be constructed in a safe manner, insuring the safety of all attendants and patrons. In the event any temporary stand is wired for electricity, then the wiring shall conform to the building code of the city. (Ord. 105 § 11(a), 1962).

8.12.170 Temporary stands – Location.

No temporary fireworks stand shall be located within 20 feet of any other building or structure, nor within 50 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. (Ord. 105 § 11(b), 1962).

8.12.180 Temporary stands – Exits.

Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times. (Ord. 105 § 11(c), 1962).

8.12.190 Temporary stands – Fire extinguisher required.

Each temporary fireworks stand shall have, in a readily accessible place, a fire extinguisher duly approved in advance by the fire chief of Pierce County Fire Protection District No. 10, or his duly authorized representative. (Ord. 105 § 11(d), 1962).

8.12.200 Temporary stands – Clearance of weeds and combustibles.

All weeds, grass and combustible materials shall be cleared from the location of a temporary fireworks stand and the surrounding area a distance of not less than 20 feet, measured from the exterior walls on each side of the temporary fireworks stand. (Ord. 105 § 11(c), 1962).

8.12.210 Temporary stands – Smoking prohibited.

No smoking shall be permitted in or near a temporary fireworks stand, and the same shall be posted with proper “no smoking” signs. (Ord. 105 § 11(f), 1962).

8.12.220 Temporary stands – Adult attendance required.

Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of 18 years shall be allowed inside any temporary fireworks stand. (Ord. 105 § 11(g), 1962).

8.12.230 Temporary stands – Removal of unsold stock and litter.

All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by 12:00 noon on July 7th of each year. (Ord. 749 § 7, 1984; Ord. 105 § 11(h), 1962).

8.12.240 Applicability – Restrictions and limitations.

The provisions of this chapter shall apply to the sale of all consumer fireworks, as defined by RCW 70.77.136. (Ord. 1774 § 6, 2012; Ord. 749 § 8, 1984; Ord. 105 § 12, 1962).

8.12.250 Basis for granting licenses when applications exceed limit.

In the event there are more applications for licenses than there are licenses available, then licenses shall be granted to those first applying therefor who meet all necessary qualifications and requirements. (Ord. 105 § 13, 1962).

8.12.260 Chapter in addition to state law.

This chapter is intended to implement Chapter 70.77 RCW, as amended, and shall be construed in connection with said, as amended and any and all rules or regulations issued pursuant thereto. (Ord. 1774 § 7, 2012; Ord. 749 § 9, 1984; Ord. 105 § 14, 1962).

8.12.270 Grounds for revocation.

In addition to all the grounds for revocation of licenses set forth in the general provisions of this chapter, any failure or refusal on the part of a licensee to obey any rule, regulation or request of the fire chief of Pierce County Fire Protection District No. 10 concerning the sale of fireworks shall be grounds for the revocation of a fireworks license. (Ord. 105 § 15, 1962).

8.12.280 Storage of fireworks – Regulations adopted.

Pursuant to RCW 35.21.180, the following sections of WAC are hereby adopted by reference: WAC 212-17-435, 212-17-440 and 212-17-445. (Ord. 1774 § 8, 2012; Ord. 739 § 1, 1984).