Chapter 8.22
FIREWORKS
Sections:
8.22.020 Fireworks – Dates and times allowed.
8.22.025 Fireworks – Emergency restriction of fireworks discharge.
8.22.030 Fireworks – Discharge – Rules and regulations.
8.22.040 Retail sales – Permit application – Permit nontransferable.
8.22.050 Retail sales – Permit fee.
8.22.060 Retail sales – Rules and regulations.
8.22.070 Retail sales – Fireworks list to be posted.
8.22.080 Public display – Permit application – Permit nontransferable.
8.22.090 Public display – Permit fee.
8.22.100 Public display – Rules and regulations.
8.22.105 Public display – Recovery of costs.
8.22.110 Appeal of fire official decision.
8.22.120 Special permitted uses – Permit required.
8.22.140 Fireworks prohibited.
8.22.160 Penalty and violation.
8.22.010 Applicability.
This chapter shall apply to the manufacture, sale, possession, and discharge of fireworks within the incorporated areas of West Richland. Except as provided herein, it shall be unlawful for any person to store, offer for sale, expose for sale, sell at retail, use, possess or discharge any fireworks within the incorporated areas of the city of West Richland. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.011 Intent.
Over the years, the citizens of West Richland have made it apparent that they enjoy utilizing fireworks as part of their Independence Day celebrations. As a city council we must balance that desire with the safety and concerns of others in the community. In order to accomplish a clear and enforceable law we are adopting standards established by the Washington State Fire Marshal’s office. It is our intent that everyone has an opportunity to celebrate in a lawful and appropriate manner. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 25-08 § 1, 2008].
8.22.012 Definitions.
“Consumer fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion. The term includes:
1. Ground and Hand-Held Sparkling Devices.
a. Dipped Stick, Sparkler. Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item, not Division 1.4, 1.5, or 1.6 explosives under DOT regulations, are included in this category.
b. Cylindrical Fountain. Cylindrical tubes not more than three-quarter-inch (19 mm) inside diameter, containing up to 75 grams of 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).
c. Cone Fountain. Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
d. Illuminating Torch. Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base, or hand-held.
e. 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; tubes not exceeding one-half-inch (12.5 mm) inside diameter and containing up to 60 grams of pyrotechnic composition. Total pyrotechnic composition of each wheel shall not exceed 240 grams. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.
f. Ground Spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
g. Flitter Sparkler. Narrow paper tube filled with pyrotechnic composition that 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.
2. Aerial Device.
a. Helicopter, Aerial Spinner. A tube not more than one-half-inch (12.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
b. Roman Candles. Heavy paper or cardboard tube containing up to 20 grams of pyrotechnic composition. Upon ignition, up to 10 “stars” (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several-second intervals.
c. Mine, Shell. Heavy cardboard or paper tube up to two and one-half inches (63.5 mm) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, “stars” or other devices are propelled into the air. The tube remains on the ground.
3. Combination Items. Fireworks devices containing combinations of two or more of the effects described in this section.
4. Smoke Device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
5. Aerial Shell. A one-and-three-quarter-inch or smaller cylindrical or spherical cartridge containing up to 40 grams of chemical composition.
6. Mortar. A one-and-three-quarter-inch or smaller cardboard tube in which aerial shells are discharged into the air.
7. Division 1.4G explosives classified on January 1, 1984, as consumer fireworks by the United States Department of Transportation except that the term shall not include firecrackers, salutes, chasers, skyrockets, or missile-type rockets.
“Extreme fire emergency” means a period when resources to provide firefighting coverage for the city of West Richland are depleted due to competing mutual aid commitments, statewide mobilization, or other factors which would prevent adequate fire suppression response.
“Fire official” means the individual designated by the mayor of the city of West Richland to perform fire related duties, including review of “public display of fireworks” plans and applications.
“Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.
“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skills and ability for safely setting up and discharging display fireworks. [Ord. 11-16 § 1, 2016; Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 1, 2012; Ord. 25-08 § 1, 2008].
8.22.020 Fireworks – Dates and times allowed.
Fireworks may be sold in the incorporated areas of the city of West Richland during the period commencing at 12:00 noon on the twenty-eighth day of June of each year and ending at 12:00 noon on the sixth day of July of each year. Fireworks may only be discharged during the following periods:
|
July 2nd through July 3rd |
Between 6:00 p.m. and 11:00 pm. |
|
July 4th |
Between 6:00 p.m. and 12:00 midnight |
|
December 31st |
Between 6:00 p.m. and 1:00 a.m. January 1st |
[Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 2, 2012; Ord. 11-11 § 1, 2011; Ord. 25-08 § 1, 2008; Ord. 2-90 § 1, 1990].
8.22.025 Fireworks – Emergency restriction of fireworks discharge.
The mayor or the mayor’s designee, after consulting with the fire chief, police chief, other officials and information as deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire emergency. The mayor or the mayor’s designee shall consider relevant advisory notices from such organizations as Emergency Management Division Washington, Benton County Emergency Management and regional declarations of emergency in making a decision to enact emergency restrictions on the discharge of fireworks. [Ord. 11-16 § 2, 2016].
8.22.030 Fireworks – Discharge – Rules and regulations.
A. It is unlawful to use, fire or discharge any fireworks along the route of or during any parade, or at any place of public assembly or in any commercial use district.
B. It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object.
C. It is unlawful to smoke within 25 feet of any building or stand in which fireworks are sold at retail or are stored after hours.
D. It is unlawful to discharge fireworks within 100 feet of any retail fireworks stand.
E. All other rules and regulations of the State Fire Marshal relating to fireworks, Chapter 70.77 RCW, State Fireworks Law, including, but not limited to, rules and regulations adopted pursuant to Chapter 70.77 RCW, shall be followed.
F. It is unlawful to have in possession, use, fire or discharge any fireworks in any public park within the city of West Richland including vehicle parking areas within said parks.
G. It is unlawful to cause damage to the property of another as a result of discharging or storage of fireworks under your control.
H. It is unlawful for any person to discharge fireworks on the property of another without a proof of permission of the owner of such property. Any rights-of-way adjacent to the owner’s property is considered the owner’s property for the purposes of this section. [Ord. 38-19 § 2, 2019; Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 3, 2012; Ord. 25-08 § 1, 2008; Ord. 2-90 § 1, 1990].
8.22.040 Retail sales – Permit application – Permit nontransferable.
The city finance director each year may issue permits for the sale of fireworks to persons, corporations or organizations after investigation and approval by the city fire official and after determining that the location where the fireworks are to be sold is not hazardous to property or endangers any person, and that the persons in charge of selling the fireworks are competent and trained to handle such fireworks.
The application for a permit for retail sale of fireworks shall be accompanied by a letter from the person legally responsible for the property on which such sale is to take place. Such letter shall grant permission to the applicant for the use of said property. Any permit granted hereunder shall be nontransferable. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.050 Retail sales – Permit fee.
The fee for a permit for retail sale of fireworks shall be as set by city council in the Master Fee Schedule. [Ord. 6-14 § 4 (Att. D), 2014; Ord. 20-13 § 1 (Att. A), 2013; Ord. 9-12 § 1, 2012; Ord. 7-12 § 4, 2012; Ord. 2-90 § 1, 1990].
8.22.060 Retail sales – Rules and regulations.
The sale of fireworks within the incorporated areas of the city of West Richland shall be in accordance with the Washington State Fireworks Law, Chapter 70.77 RCW and Chapter 212-17 WAC unless otherwise provided in this section.
A. No person under the age of 18 shall be employed by the permittee in connection with the retail sale of fireworks except that persons ages 16 to 17 may be employed by the permittee with on-site adult supervision.
B. Fireworks sold at retail shall be sold only in roadside stands or in buildings used for no other purpose. Such stands or buildings shall be permitted only if in compliance with WRMC Title 17.
C. Fireworks stands shall provide approved no smoking signs in red letters, not less than two inches in height, on a white background. All signs shall be maintained in a legible condition and shall be placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the building or stand in which fireworks are sold at retail or stored after hours.
D. Smoking shall be prohibited within 25 feet of any building or stand in which fireworks are sold at retail or are stored after hours. Discharging fireworks within 100 feet of any retail fireworks stand shall be prohibited.
E. Each retail fireworks location shall have not less than two water-type extinguishers of not less than two and one-half-gallon capacity or the equivalent.
F. There shall be at least two exits from all booths or buildings from which fireworks are sold. The two exits shall be unobstructed and open from the ground level to at least six feet in height.
G. There shall be no accumulations of dry grass, paper, cardboard, trash, lumber or other combustibles within 100 feet of any retail fireworks outlet.
H. Fireworks are not be sold within 100 feet of any flammable or combustible liquid or liquid petroleum gas dispenser.
I. Retail fireworks licenses are for the retail sale of fireworks from 12:00 noon on the twenty-eighth day of June to 12:00 noon on the sixth day of July.
J. The temporary structure or stand(s) used for the retail sale of fireworks shall be removed from the premises within one week after July 6th of each year. Any stand or structure remaining beyond one week may be removed by order of the West Richland chief of police at the expense of the permittee or owner.
K. The retail licensee shall distribute, with each sale of fireworks, safety literature as approved by the West Richland fire official. [Ord. 38-19 § 1, 2019; Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 5, 2012; Ord. 25-08 § 1, 2008; Ord. 2-90 § 1, 1990].
8.22.070 Retail sales – Fireworks list to be posted.
Notwithstanding RCW 70.77.575 and 70.77.580, every retailer in the incorporated areas of the city of West Richland is required to post prominently at each retail outlet a list of the fireworks that may be sold to the public under this chapter. The list is subject to approval by the West Richland fire official and shall be submitted to the fire official no later than May 31st of each year. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.080 Public display – Permit application – Permit nontransferable.
The West Richland fire official shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the incorporated areas of the city of West Richland.
The application for permit for a public display of fireworks shall be made in writing, in a form approved by the city of West Richland, to the city finance director at least 30 days in advance of the display. The application shall be accompanied by a letter from the person legally responsible for the property on which such display is to take place. Such letter shall grant permission to the applicant for the use of said property. Any permit granted hereunder shall not be transferable. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.090 Public display – Permit fee.
Except as limited by RCW 70.77.311, the fee for a public display permit shall be as set by city council in the Master Fee Schedule. [Ord. 6-14 § 4 (Att. D), 2014; Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.100 Public display – Rules and regulations.
Public display shall be of such character and so located, discharged or fired that in the opinion of the West Richland police chief and fire official, display shall be deemed not hazardous to property or injurious to any person. Such display shall be handled by a competent operator approved by the West Richland police chief and fire official. Every approved operator shall have first obtained a state license pursuant to RCW 70.77.305.
The permit may be immediately revoked at any time deemed necessary by the West Richland police chief or designee due to any noncompliance or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display. The display may also be canceled when in the opinion of the chief of police or designee that unsafe conditions warrant display cancellation to protect public safety. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.105 Public display – Recovery of costs.
The city of West Richland may require reimbursement of actual costs incurred by the city of West Richland in response to an event of “public display of fireworks.” The applicant may be required to deposit sufficient funds with the city of West Richland to cover anticipated costs of such event as determined by the finance department. [Ord. 20-13 § 1 (Att. A), 2013].
8.22.110 Appeal of fire official decision.
Any applicant who has been refused a permit for public display or a permit for retail sale of fireworks by the West Richland fire official shall have the right to appeal the fire official’s decision to the West Richland city council. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.120 Special permitted uses – Permit required.
No person may sell, use or possess in the incorporated areas of the city of West Richland any of the following, except with a permit and in the manner provided by law:
A. “Special fireworks” as defined in RCW 70.77.131 and WAC 212-17-040.
B. “Agricultural and wildlife fireworks” as defined in RCW 70.77.141 and WAC 212-17-045.
C. “Special effects” as defined in RCW 70.77.146. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.130 Prohibited use.
The manufacture of fireworks is prohibited within incorporated areas of the city of West Richland except as provided in WRMC Title 17. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.140 Fireworks prohibited.
No person may sell, use or possess in the incorporated areas of the city of West Richland any illegal firework; and/or
A. Any fireworks devices which do not satisfy all the chemical content and construction requirements of WAC 212-17-050.
B. Any fireworks devices not meeting the definition of those “consumer fireworks” listed in WAC 212-17-035. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 6, 2012; Ord. 25-08 § 1, 2008; Ord. 2-90 § 1, 1990].
8.22.150 Minimum age.
A. It shall be unlawful for any person or corporation to sell or give fireworks to anyone under age 16 years unless that person is under the immediate supervision of an adult (18 years old or older).
B. It shall be unlawful for a parent, guardian or other person responsible for a child under age 16 years to allow that child to possess, use, discharge or transport any fireworks unless that child is under the immediate supervision of an adult (18 years old or older).
C. It shall be unlawful for any person under the age of 16 years to possess, use, discharge or transport fireworks unless that person is under the immediate supervision of an adult (18 years old or older). [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].
8.22.160 Penalty and violation.
A. Except as otherwise provided in Chapter 70.77 RCW, State Fireworks Law, and subsections B and C of this section, any person violating provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine in an amount fixed by the court of not more than $1,000.
B. Any person in possession of a firework defined in WRMC 8.22.012 as “illegal” is guilty of a civil infraction punishable by a fine of $250.00 for each and every item meeting this definition, up to a maximum of $500.00. A person violating the provisions of WRMC 8.22.140 is guilty of a gross misdemeanor if the possession, use or sale involves one pound or more of fireworks, exclusive of packaging that is not an integral part of the operative unit of fireworks.
C. Except WRMC 8.22.030(G), any person violating WRMC 8.22.030 is guilty of a civil infraction with a penalty of $250.00. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 7-12 § 7, 2012; Ord. 2-90 § 1, 1990].
8.22.170 Severability.
If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby. [Ord. 20-13 § 1 (Att. A), 2013; Ord. 2-90 § 1, 1990].