Chapter 8.20
FIREWORKS REGULATIONS1
Sections:
8.20.030 Acts prohibited without a permit.
8.20.040 Application for permit.
8.20.050 Application for seller’s permit – Conditions for issuance.
8.20.060 Investigation, report on permit application.
8.20.070 City council may grant or deny permit – Conditions.
8.20.080 License required prior to issuance of permit.
8.20.090 Public display permit – Granted for exclusive purpose – Nontransferable.
8.20.100 Supervision of public display.
8.20.110 Permit – Authorized activities of employees.
8.20.120 Revocation or suspension of permit.
8.20.130 Unlawful fireworks sales.
8.20.140 Restriction upon sale of fireworks within city.
8.20.150 Fireworks sales – Location.
8.20.160 Fireworks sales – Age limitation.
8.20.170 Discharge of fireworks prohibited at certain locations.
8.20.180 Dates and times that use of fireworks is permitted.
8.20.190 Standards for public fireworks displays.
8.20.200 Costs of extinguishment.
8.20.210 Compliance with state law.
8.20.230 Penalties for violations.
8.20.010 Scope.
This chapter applies to the manufacture, possession, storage, sale, transportation and use of fireworks. This chapter does not prohibit the following:
(1) The use of any device allowed by state law or regulation except where such use is specifically prohibited herein;
(2) The use of any blank cartridges for use in athletics or sports events;
(3) The use of fireworks by military operations for the purpose of bona fide military exercises, demonstrations or ceremonials. (Ord. 10-006 § 1).
8.20.020 Definitions.
(1) “Fireworks” means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose 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 UN 0336 1.4G, or as defined by Chapter 70.77 RCW.
(2) “Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as such by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated at UN 0335 1.3G or Chapter 70.77 RCW. The term includes:
(a) Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers; and
(b) Fireworks which are not classified as common fireworks.
(3) “Consumer fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion and classified as such by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated at UN 0336 1.4G or RCW 70.77.136 as enacted or hereafter amended. The term includes: ground and handheld sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, and smoke devices; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, missile-type rockets, helicopters, aerials, including aerial (flying) bees, spinners, roman candles, mines, shells and Class C explosives classified as common or consumer fireworks by the U.S. Department of Transportation, unless such Class C explosives are approved by the fire chief or his designee.
(4) “Special effects” has the meaning provided by RCW 70.77.146.
(5) “Agricultural and wildlife fireworks” has the meaning provided by RCW 70.77.141.
(6) “Fire nuisance” has the meaning provided by RCW 70.77.165.
(7) “Fire chief” means the chief of the city of Kittitas’s fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. (Ord. 10-006 § 1).
8.20.030 Acts prohibited without a permit.
No person shall do any of the following acts within the city without having first obtained and having in full force and effect a valid permit issued by the city to do so:
(1) Manufacture, import, possess, or sell, at wholesale or retail, any class or kind of fireworks, for any use whatsoever, excluding possession of consumer fireworks lawfully purchased at retail.
(2) Discharge or ignite any class or kind of fireworks at any place, excluding consumer fireworks lawfully purchased at retail at such places and times as permitted by this chapter.
(3) Make a public display of any class or kind of fireworks.
(4) Transport any class or kind of fireworks, except as follows:
(a) As a public carrier delivering to a licensee; or
(b) Transportation of consumer fireworks in a private passenger vehicle during the legal sales period established in this chapter.
(5) Store fireworks of any class or kind in any amount exceeding 10 pounds aggregate weight.
(6) Discharge special fireworks.
(7) Use or discharge fireworks of any class or kind inside a structure.
(8) Use or discharge fireworks of any class or kind for ceremonial purposes; provided, that there shall be no fee for such permit. (Ord. 10-006 § 1).
8.20.040 Application for permit.
(1) Any person desiring to do any act set forth in KMC 8.20.030 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation, and if the application is made by a limited liability company, it shall be signed by each member of the company.
The application shall be in such form as the fire chief shall require and shall include, as a minimum, the following information:
(a) The true name, address and telephone number of the applicant;
(b) A statement by the applicant that he or she is over 18 years of age;
(c) A statement that the applicant shall possess and include a copy of the current license issued by the State Fire Marshal to do the act for which the permit is sought;
(d) The proposed location at which the applicant intends to perform the act for which the permit is sought; and
(e) Such other information as the fire chief may require in order to make any investigation or report required by this chapter.
(2) All applications for permits pursuant hereto shall be accompanied by a nonrefundable permit fee, to cover the administrative costs for processing and inspection, in such amount as shall be set by the city council by resolution, not to exceed $100.00.
(3) All applications for permits pursuant hereto other than public display permits shall be accompanied by a certificate of insurance as evidence that the applicant carries a comprehensive general liability insurance policy, written on an occurrence basis and not a claims made basis, with minimum coverage of $1,000,000 for bodily injury liability for each person and event and not less than $1,000,000 for property damage liability for each event. Such general liability policy shall name the city of Kittitas as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without 30 days’ written notice to the city. Said policy and certificate shall be in a form approved by the city attorney.
(4) Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.
(5) Except as provided by RCW 70.77.355, all applications for a permit for a public display of fireworks shall be accompanied by a bond or certificate of insurance meeting the requirements of RCW 70.77.285 and 70.77.295, as now stated or hereafter amended. (Ord. 10-006 § 1).
8.20.050 Application for seller’s permit – Conditions for issuance.
Applications for seller’s permits shall be made to the fire chief annually on or after February 1st of the year for which the permit is issued and the filing period shall close on May 1st of such year unless extended by action of the city council. Applications shall be signed before a notary public by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. Seller’s permits shall be issued only to applicants meeting the following conditions:
(1) The retailer or person in charge and responsible for the retail operation shall be over 21 years of age, be of good moral character and have demonstrated responsibility.
(2) The applicant shall have a valid and current license issued by the Washington State Fire Marshal pursuant to Chapter 70.77 RCW authorizing the holder thereof to engage in the retail sale of fireworks.
(3) The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this chapter.
(4) The permit holder’s location or place of business shall be only in those areas or zones within the city wherein retail sales are authorized under applicable zoning law.
(5) The applicant must possess and have in full force and effect a valid business license issued by the city of Kittitas pursuant to Chapter 5.04 KMC and shall have paid any fee required for issuance of the business license pursuant to KMC 5.04.090.
(6) The applicant shall be required to report to the State Department of Revenue the city’s sales tax number in conjunction with payment of any sales taxes due from retail sales originating in the city. (Ord. 10-006 § 1).
8.20.060 Investigation, report on permit application.
It shall be the duty of the fire chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 10-006 § 1).
8.20.070 City council may grant or deny permit – Conditions.
The city council shall have the power to grant or deny any application for a permit, or to subject the same to reasonable conditions, if any, as it shall prescribe. The city council shall deny any application which contains material misrepresentation or if it finds that the public health, safety, or welfare would be adversely affected by granting the permit. Considerations shall include:
(1) Whether the activity and structure housing the activity, if any, will be in compliance with all applicable zoning, building, fire and other ordinances and regulations.
(2) Danger of fire or explosion associated with the place designated in the application.
(3) Adequacy of fire extinguishing equipment to be kept available at such place.
(4) Experience and training of the applicant relevant to safety of the activity.
(5) Compatibility of use with surrounding land uses, particularly such uses as hospitals, retirement centers, nursing homes, day-care facilities, and other uses which might be disrupted by the activity.
(6) Compliance with the provisions of this chapter. When possible, conditions shall be placed upon issuance of the permit as needed to eliminate dangers or incompatibility with other uses which would otherwise require denial of the permit. (Ord. 10-006 § 1).
8.20.080 License required prior to issuance of permit.
No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. (Ord. 10-006 § 1).
8.20.090 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. No such permit shall be transferable. (Ord. 10-006 § 1).
8.20.100 Supervision of public display.
Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief and licensed by the State Fire Marshal. (Ord. 10-006 § 1).
8.20.110 Permit – Authorized activities of employees.
The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to the employees of such person, provided all such employees are 18 years of age or older, unless a higher age requirement is imposed upon the licensee by this chapter in which case such requirement shall apply to employees; and provided, that KMC 8.20.100 governing public displays shall be complied with. (Ord. 10-006 § 1).
8.20.120 Revocation or suspension of permit.
(1) Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:
(a) Violated any of the provisions of this chapter or any permit condition imposed by the city council, or if such a violation has been committed by any of his servants, agents or employees;
(b) Violated any provision of Chapter 70.77 RCW;
(c) Made any false statement or misrepresentation of fact in connection with obtaining the permit;
(d) Failed to obtain, or has had suspended or revoked, any license required by Chapter 70.77 RCW or this chapter; or
(e) Had any insurance coverage required by this chapter canceled, revoked or lapsed;
or if circumstances affecting public safety are discovered which, if known at the time of application for the permit, would have justified denial of the application.
(2) Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit in writing of such determination. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective after the permittee has been given reasonable opportunity to respond to the notice and the fire chief has considered whether such response merits withdrawal of his determination. The opportunity to respond may be informal. A formal hearing prior to suspension or revocation is not required. When the fire chief determines that a significant, imminent threat to public safety is caused by continued operation under the permit and that the circumstances do not allow delay, the permit may be immediately suspended on a temporary opportunity to respond as set forth above. Permanent revocation of a permit shall not be implemented prior to giving the permittee an opportunity to be heard in opposition to such action.
(3) Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this chapter shall be appealable to the city council. A written notice of appeal stating specifically the errors which are claimed to justify overturning the action of the fire chief shall be filed with the city clerk. The appeal shall be considered at the next regular meeting following filing of the notice of appeal unless the permittee consents to a later hearing. Any appeal or other request for judicial review of the decision of the city council not filed with the Kittitas County superior court and served on the city within 10 days of the council’s decision shall be barred.
(4) In the event of any conflict between this section and KMC 8.20.190 governing standards for public fireworks displays, said section shall control over the provisions of this section. (Ord. 10-006 § 1).
8.20.130 Unlawful fireworks sales.
(1) It is unlawful for any person to sell, transfer, or agree to sell or transfer any fireworks, other than consumer fireworks, to any person who is not a fireworks licensee as provided for by Chapter 70.77 RCW and this chapter.
(2) It is unlawful for any person to sell or transfer any consumer fireworks to a consumer or other user other than at the place of business of a retail seller of fireworks for which a license pursuant to Chapter 70.77 RCW and a permit pursuant to this chapter have been issued. (Ord. 10-006 § 1).
8.20.140 Restriction upon sale of fireworks within city.
It shall be unlawful to offer for sale at retail or to engage in the retail sale of any consumer fireworks between the hours of 11:00 p.m. and 9:00 a.m. No consumer fireworks shall be sold except from 9:00 a.m. on July 1st to 11:00 p.m. on July 4th, and from noon on December 29th to 11:00 p.m. on December 31st of each year. (Ord. 10-006 § 1).
8.20.150 Fireworks sales – Location.
(1) Fireworks which may be lawfully sold pursuant to this chapter shall be sold at retail only from temporary fireworks stands, the construction and location of which have been approved as provided in this section.
(2) All fireworks stands shall be erected in a stable and safe manner and must be approved by the fire chief and the city code compliance officer prior to use.
(3) No fireworks stand shall be located closer than 40 feet to any other building or structure, nor closer than 100 feet to any gasoline station, tank or premises where flammable liquids or gases are used, stored or dispensed or any area designated as a hazardous fire area pursuant to Appendix II-A of the Uniform Fire Code.
(4) No fireworks stand shall be located closer than 150 feet to any other fireworks stand. The date and time of receipt of the fire chief of an application for a permit for the sale of fireworks shall be used when necessary to establish the priority for permitted locations.
(5) All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area to a distance of not less than 25 feet, measured from the exterior walls on each side of the temporary fireworks stand.
(6) Each fireworks stand shall have a person who is 18 years or older in attendance at all times the stand is stocked. No person under 16 years of age shall be permitted to sell fireworks or to remain within a fireworks stand while open to the public. Stock from the stand shall not be removed and stored in any other building during the sales period without the express approval of the fire chief.
(7) Each fireworks stand shall have provisions for sufficient off-street parking to avoid impeding a continuous flow of traffic at entrances and exits from the premises. None of the required off-street parking shall be located closer than 20 feet to any fireworks stand.
(8) No motor vehicles shall be permitted within 20 feet of any fireworks stand at any time the stand is stocked.
(9) There must be posted on the exterior of all walls of the temporary fireworks stand a complete list of those areas where the discharge or ignition of fireworks is prohibited within the city of Kittitas.
(10) No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than 25 feet measured for the exterior walls of the temporary fireworks stand.
(11) All unsold stock and accompanying litter shall be removed from the fireworks stand and surrounding area by 12:00 noon on the seventh day of July and by 12:00 noon on the third day of January of each year.
(12) No person shall discharge any fireworks within 100 feet of the exterior walls of the temporary fireworks stand and signs stating “No discharge of fireworks within 100 feet” shall be posted on the exterior of all walls of the temporary fireworks stand.
(13) No heating device of any kind shall be permitted in a fireworks stand.
(14) Customers shall not be permitted within a fireworks stand.
(15) Temporary fireworks storage to be permitted per WAC 212-17-21517.
(16) Overnight sleeping in a stand is prohibited. No trailer or camper may be permitted within 50 feet of any fireworks stand. (Ord. 10-006 § 1).
8.20.160 Fireworks sales – Age limitation.
Sales of fireworks shall be prohibited to anyone under the age of 16 years. Identification documenting age shall be shown upon request. (Ord. 10-006 § 1).
8.20.170 Discharge of fireworks prohibited at certain locations.
No fireworks of any type or classification shall be discharged or ignited within the city at any of the following locations:
(1) In or upon any public park or other publicly owned property, not including publicly owned streets and sidewalks.
(2) Repealed by Ord. 15-031.
(3) Within, or closer than 300 feet to any area designated as a hazardous fire area by the mayor or his/her designee, upon recommendation from the fire chief and/or state officials, pursuant to the currently adopted edition of the International Fire Code and International Wildland Urban Interface Code as the same now exist or may hereafter be amended, nor within, or closer than, 300 feet to any stand or field of dry grass or other dry plant material, whether or not designated as a hazardous fire area.
(4) Within 500 feet of any gasoline station, tank or premises where flammable liquids or gases are used or stored for dispensing where the volume stored is in excess of 500 gallons.
(5) Within 300 feet of any hotel, motel or bed and breakfast lodging and boarding facility.
(6) When or where the mayor or his/her designee has determined “fire weather” or “critical fire weather” conditions are present, as defined in the currently adopted International Wildland Urban Interface Code. (Ord. 15-031 § 1; Ord. 15-021 § 1; Ord. 10-006 § 1).
8.20.180 Dates and times that use of fireworks is permitted.
No consumer fireworks shall be discharged or ignited except between the following hours and dates:
|
July 1st to 3rd |
9:00 a.m. to 11:00 p.m. |
|
July 4th |
9:00 a.m. to 11:59 p.m. |
|
December 31st |
6:00 p.m. to 1:00 a.m. of the following day (January 1st) |
(Ord. 10-006 § 1).
8.20.190 Standards for public fireworks displays.
No public fireworks display may be conducted without having first obtained and having in full force and effect a permit issued by the city. All public fireworks displays shall conform to the following standards and conditions, in addition to all applicable standards and conditions prescribed by state law:
(1) A scaled drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(2) A city of Kittitas fire department firefighting apparatus and a minimum of two trained department firefighters shall be on site 30 minutes prior to and after the shooting of the event. The fire department shall receive a minimum compensation as per the Washington State Chiefs Association’s fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association’s fee schedule and shall be revenue to the fire department’s general fund.
(3) All combustible debris and trash shall be removed from the area of discharge and ignition for a distance of 500 feet in all directions.
(4) All unfired or “dud” fireworks shall be disposed of in a safe manner.
(5) A minimum of two 2A-rated pressurized-water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge and ignition site.
(6) Any permit for a public fireworks display issued by the city may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, or unsafe weather conditions such as extremely low humidity or wind factor. The display may also be canceled due to accidental ignition of any combustible material in the vicinity of the display. (Ord. 10-006 § 1).
8.20.200 Costs of extinguishment.
Any person responsible for starting a fire with fireworks shall be liable to the public entities suppressing any such fire for the actual costs of the fire suppression services provided. (Ord. 10-006 § 1).
8.20.210 Compliance with state law.
This chapter is intended to implement Chapter 70.77 RCW and Chapter 212-17 WAC, and shall be construed in connection with those laws and any and all rules and regulations issued pursuant thereto. (Ord. 10-006 § 1).
8.20.220 Enforcement.
The fire chief, or designee, city code compliance officer, Kittitas County sheriff’s office, and city police department are authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, city code compliance officer, Kittitas County sheriff’s office, or city police department, and/or to comply with any provisions of this chapter. (Ord. 10-006 § 1).
8.20.230 Penalties for violations.
Failure to comply with any provision of this chapter shall subject the violator to the following penalties as they are defined in Chapter 1.16 KMC:
(1) Participation in public fireworks display without a permit issued by the city: C-3.
(2) Violation of any of the provisions of KMC 8.20.130 and 8.20.140 relating to the sale of fireworks: C-4.
(3) Violation of KMC 8.20.160 relating to the sale of fireworks to persons under the age of 16: C-5.
(4) Violation of KMC 8.20.170(1) relating to discharge of fireworks on public property: C-6.
(5) Violation of KMC 8.20.170(2) relating to discharge of fireworks near hospitals, etc.: C-6.
(6) Violation of KMC 8.20.170(3) relating to discharge of fireworks near fire areas: C-6.
(7) Violation of KMC 8.20.170(4) relating to discharge of fireworks near gas stations and gas tanks: C-6.
(8) Violation of KMC 8.20.170(5) relating to discharge of fireworks near hotels/motels: C-6.
(9) Violation of KMC 8.20.150 relating to prohibited discharge of fireworks in certain locations: C-6.
(10) Violation of KMC 8.20.190 relating to standards for public display of fireworks: C-7.
(11) Violation of KMC 8.20.180 relating to discharge times and dates: C-7.
(12) Violation of any provision of this chapter not specifically referenced in this section: C-7. (Ord. 10-006 § 1).
Code reviser’s note: Ordinance No. 10-006, which adds this chapter, provides: “This ordinance shall be in full force and effect July 15, 2011, which is one year from the date of its adoption.”