Chapter 8.12 FIREWORKS

Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

A. “Fireworks” means any fireworks as defined in RCW 70.77.126 as now existing or hereafter amended.

B. “Special fireworks” means any fireworks as defined in RCW 70.77.131 as now existing or hereafter amended.

C. “Consumer fireworks” means any fireworks as defined in RCW 70.77.136 as now existing or hereafter amended.

D. “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 and/or the Washington State Department of Fish and Wildlife.

E. “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

F. “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinguishment of fire.

G. “License” means a nontransferable formal authorization which the State Fire Marshal is permitted to issue under Chapter 70.77 RCW to engage in the acts specifically designated therein.

H. “Permit” means the official permission granted by the city for the purpose of doing any act which is regulated by this chapter.

I. “Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

J. “Manufacturer” includes any person who manufactures, makes, fabricates, or produces any fireworks articles or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks.

K. “Wholesaler” includes any person who sells fireworks to a retailer or any other person or resale and any person who sells special fireworks for public display permittees.

L. “Retailer” includes any person who, at a fixed location or place of business, sells, transfers, or gives consumer fireworks to a consumer or user.

M. “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 fireworks.

N. “Fire chief” means the chief administrative officer of the city fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.020 Acts prohibited without a permit.

No person shall do any of the following acts in the city without having first obtained and having in full force and effect a valid permit issued by the city to do so:

A. 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;

B. 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 are permitted by this chapter;

C. Make a public display of any class or kind of fireworks; or

D. Transport for commercial purposes any class or kind of fireworks, except as a public carrier. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.030 Application for permit.

A. Any person desiring to do any act set forth in OMC 8.12.020 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; and if the application is made by a corporation, it shall be signed by an officer of the corporation; and if the application is by a limited liability company, it shall be signed by the manager or all members of the limited liability company.

The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:

1. The true name, address and telephone number of the applicant;

2. A statement by the applicant that he or she is over the age of 18 years of age;

3. Proof that the applicant possesses a license issued by the State Fire Marshal to do the act for which the permit is sought, and the current status of the license;

4. The proposed location at which the applicant intends to perform the act for which the permit is sought; and

5. Such other information as the fire chief may require in order to make any investigation or report required by this chapter.

B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee, to cover the administrative costs for processing and inspection, in an amount established by ordinance.

C. All applications for permits pursuant to this chapter 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 as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days’ written notice to the city. The policy and certificate shall be in a form approved by the city attorney.

D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.

E. Except as provided by RCW 70.77.355, all applications for a permit for the 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. (See OMC 8.12.200 for additional application requirements for public displays.) (Ord. 1217 § 1, 2022; Ord. 829 § 1, 1996; Ord. 762 § 6, 1992; Ord. 705, 1988; Ord. 677 § 1, 1986)

8.12.035 Application for seller’s permit – Conditions for issuance.

Applications for seller’s permits shall be made to the fire chief annually on or after April 1st of the year for which the permit is issued and the filing period shall close on May 15th of such year unless extended by action of the city council. The city shall grant a permit if the application meets the requirements of Chapter 70.77 RCW and this chapter. Applications shall be signed before a notary public by the retail seller if an individual, or by the duly authorized officer or manager, if an association, corporation or limited liability company. 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:

A. The retailer or person in charge and responsible for the retail operation shall be over 21 years of age, of good moral character and have demonstrated responsibility.

B. The applicant shall have a valid and current license issued by the State Fire Marshal pursuant to Chapter 70.77 RCW authorizing the holder thereof to engage in the retail sale of fireworks.

C. The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this chapter.

D. 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.

E. The applicant shall post with the city a performance bond or a cash deposit in the amount not less than $1,000, conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event that they remove the temporary stand and clean up all debris to the satisfaction of the proper officials of the city. In the event of their failure to do so, the performance bond or cash deposit shall be forfeited. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if they have failed to remove the stand and clean up all debris by the tenth day following the sales period.

F. 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.

G. Seller’s permits shall be granted by June 10th, or no less than 30 days after receipt of an application, whichever date occurs first, for sales commencing on June 28th, or by December 10th, or no less than 30 days after receipt of an application, whichever occurs first, for sales commencing on December 27th. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.040 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 a character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 677 § 1, 1986)

8.12.050 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 such reasonable conditions, if any, as it shall prescribe. The city council shall deny any application which contains a material misrepresentation or if it finds that the public health, safety or welfare would be adversely affected by granting the permit. Considerations shall include:

A. 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.

B. Danger of fire or explosion associated with the place designated in the application.

C. Adequacy of fire extinguishing equipment to be kept available at such place.

D. Experience and training of the applicant relevant to safety of the activity.

E. 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.

F. 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. 677 § 1, 1986)

8.12.060 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. 677 § 1, 1986)

8.12.070 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. No such permit shall be transferable. (Ord. 677 § 1, 1986)

8.12.080 Supervision of public displays.

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. 677 § 1, 1986)

8.12.090 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 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 OMC 8.12.080 governing public displays shall be complied with. (Ord. 677 § 1, 1986)

8.12.100 Manufacture or sale of fireworks for out-of-state shipment.

This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter from manufacturing or selling any kind of fireworks for direct shipment out of this state. (Ord. 677 § 1, 1986)

8.12.110 Special effects for entertainment media.

This chapter does not prohibit 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. 677 § 1, 1986)

8.12.120 Nonprohibited acts – Signal purposes, forest protection.

This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities, or the purchase and use of agricultural and wildlife fireworks by government agencies. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.130 Revocation or suspension of permit.

A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

1. 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;

2. Violated any provision of Chapter 70.77 RCW;

3. Made any false statement or misrepresentation of fact in connection with obtaining the permit;

4. Failed to obtain, or has had suspended or revoked, any license required by Chapter 70.77 RCW or this chapter; or

5. Has had any insurance coverage required by this chapter cancelled, revoked or lapsed;

Or if circumstances affecting public safety are discovered which, if known at the time of application for their permit, would have justified denial of the application.

B. 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.

C. 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 Okanogan County superior court and served on the city within 10 days of the council’s decision shall be barred.

D. In the event of any conflict between this section and OMC 8.12.200 governing standards for public fireworks displays, said section shall control over the provisions of this section. (Ord. 677 § 1, 1986)

8.12.140 Reckless discharge prohibited.

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. (Ord. 677 § 1, 1986)

8.12.150 Unlawful fireworks sales.

A. 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.

B. 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. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.160 Restriction upon sale of fireworks within city.

It shall be a violation of this chapter to offer for sale at retail, or to engage in the retail sale of any of the following fireworks, notwithstanding the inclusion of any such fireworks within the definition of “consumer fireworks” as defined by Chapter 70.77 RCW and regulations issued by the State Fire Marshal: those listed in WAC 212-17-035(2) Aerial Device paragraphs (a) through (c). (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.170 Temporary stand – Location – Construction.

A. Retail sale of fireworks as authorized in this chapter shall be from temporary fireworks stands only.

B. A temporary stand location shall be only in those areas or zones within the city wherein business or industrial activities are authorized under the applicable zoning law of the city; provided, that the sale of fireworks shall not be deemed an enlargement of an existing nonconforming use.

C. No fireworks shall be sold in any residential area where a commercial enterprise does not exist.

D. Fireworks shall be delivered directly from the authorized warehouse of the dealer to the sales stand. In no case will they be delivered to a private address, or any unauthorized location.

E. The temporary fireworks stands need not comply with all of the provisions of the building code; provided, however, that all such temporary fireworks stands shall be erected under the supervision of the fire chief, or his duly authorized representative, who shall require all temporary fireworks stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary fireworks stand is wired for electricity, such wiring shall conform to the State Electrical Code and the electrical code of the city, and be limited to the provision of adequate lighting. No stand shall exceed the dimension of 10 feet by 26 feet, or 280 square feet, for interior display and sales.

F. A permit for the construction of a proposed fireworks stand shall be obtained from the building inspector of the city. (Ord. 677 § 1, 1986)

8.12.175 Temporary stand – Safety measures – Operation.

Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 50 feet of any other building, nor within 250 feet of any gasoline station, tank or premises where flammable liquids or gases are used or stored, or any area designed as a hazardous fire area pursuant to Appendix II-A of the Uniform Fire Code, as amended.

B. The stand must be constructed so that it can be thoroughly locked when not in use for the purpose intended. Fireworks shall be left in the stand overnight.

C. Each temporary fireworks stand must have at least two exits, remotely located from each other, which shall be unobstructed at all times.

D. No fireworks stand shall be located closer than 600 feet to another fireworks stand.

E. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.

F. No smoking shall be permitted in or near a temporary fireworks stand and the stand shall be posted with “no smoking” signs with the lettering at least two inches in height, in a conspicuous place on all four sides of the temporary fireworks stand.

G. Stands shall have at least one two-and-one-half gallon water-type fire extinguisher or equivalent fire extinguisher located next to each exit.

H. At least two metal trash cans shall be provided.

I. Stands shall be placed a minimum of 20 feet away from any street curbline, unless otherwise approved by the fire chief.

J. As a protection to customers, provisions must be made to prevent automobile traffic in the sales area immediately in front of the stand.

K. Each temporary fireworks stand shall have adjoining sufficient off-street parking (not less than 10 spaces) to avoid impeding a continuous flow of traffic at entrances and exits. Parking need not be paved or lined, but must be maintained free from litter, dry brush, grass, combustible or flammable material to a distance of 25 feet on all sides.

L. No matches, lighters, open fires or other sources of ignition shall be sold or stored at such locations.

M. All fireworks stands shall be constructed with a shelf 12 inches or more in depth attached to the front of the stand as a pass out counter for fireworks. The bottom of the stand up to the shelf and the other three sides must be of a type material such as plywood.

N. The placing of the fireworks for display and sale shall be in such a manner as to be beyond the reach of customers.

O. Permits are issued only for the sale of such consumer fireworks as are permitted by this chapter. Sale of other items from the stands is prohibited.

P. Each stand must have a person 21 years or older in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks. 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.

Q. No one under 18 years of age is allowed in the stand at any time.

R. No one is allowed to sleep in the stand.

S. All unsold stock shall be removed no later than 12:00 noon on the third day after the expiration of the sales period established in OMC 8.12.190.

T. No person shall discharge any fireworks within 250 feet of the exterior walls of the temporary fireworks stand, and signs stating “No Discharge of Fireworks Within 250 Feet” shall be posted on the exterior of all walls of the temporary fireworks stand.

U. 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 are prohibited within the city. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.180 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:

A. In or upon any public street, sidewalk, park or other publicly owned property.

B. Within 250 feet of any hospital, nursing home, retirement center, public library, church, synagogue or other place of worship while any persons are in attendance therein.

C. Within or closer than 250 feet to any area designated as a hazardous fire area by the fire chief pursuant to Appendix II-A of the Uniform Fire Code, as the same now is or may hereafter be amended, or designated as a hazardous fire area.

D. Within 1,000 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.

E. Within, or closer than 250 feet of any hotel, motel or “bed and breakfast” lodging and boarding facility. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.190 Dates and times fireworks may be discharged or sold and purchased.

Except for the authorized public display of fireworks, fireworks regulated by this chapter may be discharged or ignited only from 12:00 noon on the 4th day of July to midnight on the 4th day of July, and from 12:00 noon on the 31st day of December to 1:00 a.m. on the 1st day of January, unless otherwise prohibited by order of the mayor, upon recommendation by the fire chief due to weather conditions such as extremely low humidity or wind factor. Discharge or ignition of any such fireworks at any other time within the city is prohibited.

Fireworks regulated by this chapter may only be sold and purchased on the following dates and times:

June 28: 12:00 noon – 11:00 p.m.

June 29 – July 4: 9:00 a.m. – 11:00 p.m.

July 5: 9:00 a.m. – 9:00 p.m.

December 27 – 31: 12:00 noon – 11:00 p.m.

Sale or purchase of any such fireworks at any other time within the city is prohibited. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.200 Standards for public fireworks displays.

All public fireworks displays shall conform to the following minimum standards and conditions:

A. For all public fireworks displays, the display itself must be planned, organized and discharged by a state licensed pyrotechnician.

B. A permit must be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the pyrotechnician and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.

C. A scaled drawing shall be submitted to the fire marshal 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.

D. A city fire department pumper and a minimum of two trained city firefighters shall be on-site 30 minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association’s fee schedule and shall be revenue to the city’s general fund.

E. All combustible debris and trash shall be removed from the area of discharge for a distance of 500 feet in all directions.

F. All unfired or “dud” fireworks shall be disposed of in a safe manner.

G. A minimum of two A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.

H. The permit may be immediately revoked at any time deemed necessary by the fire chief or designee, due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may also be cancelled due to accidental ignition of any combustible material in the vicinity of the display. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.220 Penalties for violation.

Any person violating any of the provisions of this chapter shall, in addition to any penalties imposed under Chapter 70.77 RCW, be guilty of a civil infraction, and shall be assessed the following civil penalties:

A. Unlawful possession of fireworks weighing less than one pound, exclusive of external packaging, shall be punishable by payment of a civil penalty not to exceed $250.00.

B. Unlawful possession of fireworks weighing one pound or more, exclusive of external packaging, payment of a civil penalty not to exceed $250.00.

C. Violation of the prohibition upon use or discharge of fireworks in a reckless manner shall be punishable by payment of a civil penalty not to exceed $250.00.

D. A violation of the restrictions upon the sale of fireworks set forth in this chapter shall be punishable by payment of a civil penalty not to exceed $250.00.

E. Any other violation of the provisions of this chapter shall be punishable by payment of a civil penalty not to exceed $250.00.

F. Any fireworks involved in the violation of the provisions of this chapter may be confiscated. In the event that fireworks are confiscated and required to be disposed of by the fire chief, a disposal fee of $250.00 shall be assessed against the violator, in addition to the penalties stated above.

G. In addition to all other applicable criminal and civil penalties, a person who violates any of the provisions of this chapter and causes the city fire department to respond to a fireworks related incident shall be liable to the city for actual costs incurred in the fireworks related response. (Ord. 1217 § 1, 2022; Ord. 677 § 1, 1986)

8.12.230 Violation a separate, continuing offense.

A person commits a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter. (Ord. 677 § 1, 1986)