Chapter 8.46
FIREWORKS
Sections:
8.46.010 RCW adopted – Copies filed and authenticated.
8.46.020 Restriction on times for sale and discharge of fireworks.
8.46.030 Restrictions and permits.
8.46.040 Public display of fireworks.
8.46.010 RCW adopted – Copies filed and authenticated.
Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified Chapter 70.77 RCW adopted by reference need not be published but shall be authenticated and recorded with the Pacific city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the office of the Pacific city clerk for use and examination by the public. (Ord. 1661 § 2, 2007).
8.46.020 Restriction on times for sale and discharge of fireworks.
The sale, purchase and discharge of consumer fireworks shall not be permitted at any time except during the following times and dates:
A. Sale and Purchase of Consumer Fireworks. Between the hours of 12:00 noon and 9:00 p.m. on June 28th of any year and between 9:00 a.m. and 9:00 p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks not being permitted on or around New Year’s Day, or at any time other than specified in this section; and
B. Discharge on July Fourth. Between the hours of 9:00 a.m. and 11:00 p.m. on the fourth of July of any year; and
C. Discharge on New Year’s. Between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year. (Ord. 1661 § 2, 2007).
8.46.030 Restrictions and permits.
A. The following fireworks shall not be manufactured, possessed, used or detonated within the city of Pacific, Washington:
Any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion, except as follows:
1. Flares for emergency operation.
2. Signal device to begin an athletic event or sport.
3. Use by military organizations.
4. Blank cartridges for show or theater.
5. A permitted fireworks display.
6. Such fireworks may be possessed within the city of Pacific while in transit through the city of Pacific from a location where their purchase and possession is lawful to a location where their possession and use is lawful; provided, that such transit to and from such locations is continuous and uninterrupted while in the city of Pacific, and such transit is in a vehicle in which such transit can be safely accomplished and such transit while through the city of Pacific is on state highways only (SR-18, SR-164, SR-167); and further provided, that the transit is in conformity with all legal requirements for such transit.
B. The following types of fireworks are able to be manufactured, possessed, used or detonated within the city of Pacific, Washington:
1. Sparkler: stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition.
2. Cylindrical fountain: cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be hand-held (handle fountain).
3. Cone fountain: cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
4. Illuminating torch: cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held.
5. Wheel: pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and sometimes a whistling effect.
6. Ground spinner: small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
7. Flitter sparkler: narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.
8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect.
C. Permit for Display of Fireworks. A permit for display of fireworks may be issued by the Valley Regional Fire Authority fire chief under the provisions as set forth in PMC 8.46.040. (Ord. 1661 § 2, 2007).
8.46.040 Public display of fireworks.
A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the Valley Regional Fire Authority fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the Valley Regional Fire Authority fire chief or his designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the Pacific city council, which shall consider any such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for.
B. A state pyrotechnics license is required for operators of a public display of fireworks.
C. A bond or certificate of insurance must be furnished to the Valley Regional Fire Authority fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Pacific as an additional insured.
D. Transportation and Storage.
1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site.
2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.
3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions.
4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame-proof water-repellent canvas cover until emptied.
5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site.
6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.
E. Preparation of Site and Crowd Control.
1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed.
2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object.
3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.
4. The firing and storage site shall be located not less than 200 feet from any building.
5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.
F. Installation of Mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.
2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water.
3. Mortars shall be either buried securely into the ground to a depth of between two-thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.
4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.
5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.
6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site.
G. Operation of the Display.
1. The operator shall provide fire protection at the site as required by the fire chief or his designee.
2. Only permitted fireworks are authorized for use.
3. If, in the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.
4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks.
5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use.
6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination.
7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.
8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area.
9. The mortars shall be re-angled or reset if necessary at any time during the display.
10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.
11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.
12. Operators shall not dry a wet shell, lance, or pot for reuse.
13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.
14. When fireworks are displayed in darkness, the sponsor shall ensure that the firing range is inspected early the following morning.
15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee.
16. The debris from discharged fireworks shall be properly disposed of.
H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate Pacific city council committee. (Ord. 1661 § 2, 2007).
8.46.050 Violation – Penalty.
A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine in an amount not exceeding $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both. In the case of a conviction for a violation of this chapter, the city’s fire marshal or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks license for the next year.
B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter.
C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the Valley Regional Fire Authority fire marshal or his designee. (Ord. 1661 § 2, 2007).
8.46.060 Severability.
If any provision of this chapter or Chapter 70.77 RCW adopted by reference in this chapter and effective from and after five days from publication following adoption by the city council or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. (Ord. 1661 § 2, 2007).