Chapter 5.60
FIREWORKS
Sections:
5.60.010 Permit and state license required – Fee.
5.60.015 Fireworks permits – Forms and deadlines.
5.60.020 Conditions for sales of fireworks and public display – Permit issuance.
5.60.040 Number of licenses and stands limited.
5.60.050 Exploding fireworks legal period designated.
5.60.055 Prohibition due to extreme fire danger.
5.60.060 Chapter supplementary to state law.
5.60.070 Violations – Penalty.
5.60.005 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “articles pyrotechnic” or “consumer fireworks” or “display fireworks” as set forth in Chapter 70.77 RCW.
(2) “Consumer fireworks” means smaller fireworks designed primarily for use by consumers, as further defined by RCW 70.77.136 and WAC 212-17-025.
(3) “Display fireworks” means larger fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further defined by RCW 70.77.131 and WAC 212-17-025.
(4) “Public display” means an entertainment feature where the public is or could be invited, admitted and/or permitted to view the display or discharge of display fireworks.
(5) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected, and fire growth will be accelerated.
(6) “Fire authority” means the city of Port Orchard department of community development’s fire code official or their designee for the purposes of this chapter.
(7) “Retail sales” means any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. (Ord. 035-23 § 2; Ord. 017-23 § 1 (Exh. A); Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 2).
5.60.010 Permit and state license required – Fee.
No person, firm or corporation shall import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale fireworks inside the city limits of the city of Port Orchard without first obtaining a permit from the city and a license from the state of Washington. The fee for obtaining a city permit for fireworks sales shall be $100.00 per year payable in advance. The fee for fireworks display shall be set by city council resolution in the fee schedules for departments of community development and public works. (Ord. 035-23 § 3; Ord. 066-21 § 4 (Exh. C); Ord. 038-08 § 2; Ord. 026-08 § 2; Ord. 1706 § 1, 1998).
5.60.015 Fireworks permits – Forms and deadlines.
(1) Applications for permits required by this chapter shall be submitted to the city in such form and detail as prescribed by the city’s fire code official. A separate application shall be required for each site and activity. Applications shall include, at a minimum:
(a) The application fee;
(b) Copy of appropriate state licenses;
(c) A site or discharge plan;
(d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and
(e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020.
(2) Permit applications shall be received by the DCD permit center for review by the fire authority:
(a) No later than 4:30 p.m. on the last official city work day in May for retail sales;
(b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and
(c) Prior to commencing a permitted activity for all other uses.
(3) Permits issued pursuant to this chapter are nontransferable. (Ord. 035-23 § 4; Ord. 066-21 § 4 (Exh. C); Ord. 032-17 § 2; Ord. 013-16 § 3; Ord. 038-08 § 3).
5.60.020 Conditions for sales of fireworks and public display – Permit issuance.
A permit for the sale of fireworks or for public display shall be issued only upon the following terms and conditions:
(1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center.
(2) For sales of fireworks, the applicant shall obtain a business license from the city.
(3) The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center.
(4) For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city.
(5) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the city’s fire code official shall determine whether the proposed display would pose a hazard to property or a danger to persons. The city’s fire code official shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The fire authority report shall be filed with the DCD permit center. (Ord. 035-23 § 5; Ord. 017-23 § 1 (Exh. A); Ord. 066-21 § 4 (Exh. C); Ord. 032-17 § 3; Ord. 013-16 § 4; Ord. 038-08 § 4; Ord. 026-08 § 3; Ord. 1706 § 2, 1998).
5.60.030 Temporary stands.
All safe and sane consumer fireworks shall be sold only from temporary stands and must conform to the written rules and regulations of the city’s fire code official. (Ord. 035-23 § 6; Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 5; Ord. 1706 § 3, 1998).
5.60.040 Number of licenses and stands limited.
(1) Fourth of July Holiday Period. Each permittee shall be issued a fireworks permit annually and is entitled to only one retail sales outlet. (Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 6; Ord. 016-09 § 1; Ord. 038-08 § 5; Ord. 026-08 § 4; Ord. 1706 § 4, 1998).
5.60.050 Exploding fireworks legal period designated.
No person shall use or explode any fireworks within the city except from 11:00 a.m. to 11:00 p.m. on the fourth day of July of any year and except where public displays are authorized pursuant to the laws of the state of Washington. (Ord. 066-21 § 4 (Exh. C); Ord. 026-08 § 5; Ord. 1706 § 5, 1998).
5.60.055 Prohibition due to extreme fire danger.
The mayor, after consulting with the fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. In addition, the city council may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale of fireworks during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. (Ord. 066-21 § 4 (Exh. C); Ord. 015-16 § 1; Ord. 013-16 § 7).
5.60.060 Chapter supplementary to state law.
This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection with the law and any and all rules or regulations issued pursuant thereto. (Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 6, 1998).
5.60.070 Violations – Penalty.
(1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of the State Fire Marshal or the city’s fire code official shall be guilty of a violation of this chapter.
(2) Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation or any provision of this chapter is committed, continued or permitted by any such person. (Ord. 035-23 § 6; Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 7, 1998).
5.60.080 Enforcement.
The city fire code official or duly authorized representative is designated as the enforcing officer of this chapter. (Ord. 035-23 § 7; Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 8, 1998).