Chapter 5.120
FIREWORKS
Sections:
5.120.030 Activities requiring permit.
5.120.050 Application for permit.
5.120.060 Display of fireworks and use of special pyrotechnic effects.
5.120.090 Prohibited fireworks.
5.120.100 Violation – Civil infraction.
5.120.110 Limitation of liability.
5.120.010 Scope.
This chapter shall apply to the manufacture, possession, storage, sale, transportation, and use of fireworks and pyrotechnic special effects. (Ord. 2019-24 § 1)
5.120.020 Definitions.
The definitions set forth in the following sections of the Revised Code of Washington (RCW), as now exist or as hereafter may be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.77.126, 70.77.131, 70.77.136, 70.77.138, 70.77.141, 70.77.146, 70.77.160, 70.77.205, 70.77.210 and 70.77.215, and any other applicable definition in NFPA 1123, 1124, and 1126, Chapter 70.77 RCW and Chapter 212-17 WAC.
“Enforcement officer” shall include, for purposes of this chapter and RCW 7.80.040, as it now exists or as it may hereafter be amended, the fire code official or their designee and any law enforcement officer.
“Fire code official” shall mean the acting building and fire code official of the city of Wenatchee.
“Possess” shall mean to have control of fireworks within the city and includes both actual possession and constructive possession. “Actual possession” occurs when the person with control has physical possession. “Constructive possession” occurs when the person with control does not have physical possession. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.010)
5.120.030 Activities requiring permit.
In addition to a license issued by the State Director of Fire Protection, a person shall be required to obtain a city permit to:
(1) Manufacture, produce, package, store, or sell at wholesale fireworks;
(2) Make a public display of fireworks;
(3) To use pyrotechnic special effects;
(4) To use or discharge fireworks or pyrotechnic special effects inside a structure. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.020)
5.120.040 Authority.
(1) The fire code official or his designee shall have authority to issue and condition permits required by this chapter.
(2) The fire code official and the police chief or their designees have authority to enforce the provisions of this chapter. (Ord. 2019-24 § 1)
5.120.050 Application for permit.
(1) Application for Permit. All permits required by this section shall be issued by the fire code official or designee. As a condition of any permit, the fire code official may specify additional safeguards as necessary to provide for the public safety. The applicant shall apply for a permit on the form provided by the city of Wenatchee. The form shall have all pertinent information and be properly filled out by the applicant at the time of application and shall be accompanied by an application fee. The fee shall be established by separate ordinance, as exists now or as may hereafter be enacted.
(2) No person under 21 years of age may apply for or receive a permit under this section and all assistants shall be at least 18 years of age.
(3) An application for a permit shall be made in writing to the fire code official or his designee at least 30 days in advance. After a permit is granted, transportation, storage, and discharge shall be lawful only for the purpose stated on the permit. No permit granted hereunder shall be transferable.
(4) The fire code official or his designee may issue permits for the transportation and storage of fireworks in bulk quantities under United States Department of Transportation classifications describing such quantity limitations, duration and conditions of storage or transport as the fire code official shall deem necessary to provide for the public safety.
(5) Because the use of consumer fireworks is prohibited in the city at all times pursuant to WCC 5.120.090, no permit for retail sale shall be granted.
(6) The fire official shall have 10 days to process a complete permit application. Should the fire official find an application to be complete and in compliance with all the requirements of state statutes and regulations and all provisions of the city code, the fire official shall grant, deny or grant with conditions the permit application. (Ord. 2019-29 § 1; Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.030)
5.120.060 Display of fireworks and use of special pyrotechnic effects.
(1) Every public display of fireworks, use or discharge of fireworks or pyrotechnic special effects inside a structure and use of special pyrotechnic effects shall be handled by a competent operator approved by the fire code official or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire code official or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person.
(2) A state pyrotechnics license is required for operators of a public display of fireworks and use of special pyrotechnic effects.
(3) The fire code official shall have the authority to require demonstration of any fireworks or special pyrotechnic effects.
(4) A bond or certificate of insurance must be furnished to the fire code official 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 Wenatchee as an additional insured.
(5) At least two Class 2-A and two Class 10-BC fire extinguishers shall be provided.
(6) Every display of fireworks and use of special pyrotechnic effects shall comply with NFPA 1123, 1124 and 1126, Chapter 70.77 RCW and Chapter 212-17 WAC, as applicable. (Ord. 2019-24 § 1)
5.120.070 Appeals.
(1) An appeal of a decision granting or denying a license shall be filed with the city clerk within 14 calendar days after service of the decision on the applicant and shall be heard by the hearing examiner in an open record hearing in accordance with WCC 13.11.030 for review of such determination, which review shall be completed within 45 calendar days of the date of receipt of the notice of appeal. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.
(2) Decisions of the hearing examiner may be appealed to the Chelan County superior court. Notices of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. The appeal shall be a closed-record appeal based on the administrative record. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.040)
5.120.080 Permit revocation.
The city may revoke the applicant’s permit for noncompliance with this chapter or any other applicable city codes in accordance with WCC Title 16. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.050)
5.120.090 Prohibited fireworks.
No person may sell, possess, discharge, or make any other use of any fireworks in the city of Wenatchee, except:
(1) Agricultural and wildlife fireworks;
(2) A public display of fireworks;
(3) Use of pyrotechnic special effects and use or discharge of fireworks or pyrotechnic special effects inside a structure as permitted under this chapter. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.060)
5.120.100 Violation – Civil infraction.
(1) Violation. A first violation of this chapter shall be a Class 1 civil infraction.
(2) Repeat Violation. A second and subsequent violation of this chapter shall be a misdemeanor.
(3) Chapter 7.80 RCW Sections Adopted by Reference. The following sections of the Revised Code of Washington (RCW), as now exist or may hereafter be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.070)
5.120.110 Limitation of liability.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 2019-24 § 1; Ord. 2016-10 § 1. Formerly 5.120.080)