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Ord 90-054 0072.060.002 TWS/crd/vld/klt 03/l5/90 R: 04/17/90 ORDINANCE NO. 90-54 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A PERMIT SYSTEM AND REGULATIONS FOR THE SALE, HANDLING, DISCHARGE, AND DISPLAY OF FIREWORKS. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. DEFINITIONS. The definitions of Chapter 70.77 RCW as now stàted or hereafter amended shall govern the construction of this ordinance, when applicable. RCW 70.77 .120 through and including RCW 70.77.230 as now stated or hereafter amended are adopted by this reference and a copy of the same shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following term(s) are defined: (l) Dangerous Fireworks: Any firework not defined as a "common firework" under the provisions of RCW 70.77.136. Section 2. SALE OF FIREWORKS UNLAWFUL. It is unlawful for any person, firm or corporation to sell any fireworks within the city other than those fireworks designated in section five (5) of this ordinance; provided, that this prohibition shall not apply to duly authorized public displays and sales pursuant to the provisions of section four (4) of this ordinance. section 3. POSSESSION. USE AND DISCHARGE OF DANGEROUS FIREWORKS UNLAWFUL. It is unlawful for any person to sell, possess, use, transfer, discharge or explode any dangerous firework within the city; TWSOO7230 -1- COP1 FIREWORKS. provided that this prohibition shall not apply to duly authorized public displays. section PERMIT REOUIRED TO SELL OR 4. It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks or to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this ordinance. section 5. TIME LIMIT SET ON SALE AND USE. No permit holder shall offer for retail sale, expose for retail sale or sell any fireworks within the city except from twelve (~2:00) noon to eleven (11:00) p.m. on the 28th of June; nine (9:00) a.m. to eleven (11:00) p.m. on the twenty-ninth day of June through the third day of July; and from nine (9:00) a.m. to nine (9:00) p.m. on the fourth day of July of any year. Provided, the sale of fireworks as provided in this section shall be ~imited to those fireworks defined as "common fire- works" in RCW 70.77. ~36. The term common fireworks does not include fireworks commonly known as firecrackers, salutes, chasers, sky rockets, and missile-type rockets. Except as authorized by a state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.31~ (2) (use by group or individual for religious or other specific purpose on approved date and at approved location) no person shall ignite or discharge any fireworks within the city except for the period from July ~st through July 4th (inclusive) of any year between the hours of nine (9:00) a.m. and eleven (1~:00) p.m. Section 6. PERMIT FEES. The annual fee for a "seller's permit" for the sale of fireworks as may be authorized under this ordinance, shall be one hundred dollars per year for each seller's permit, payable in advance. The fee for a "public display permit" for the public display of fireworks TWSOO7230 -2- DISPLAY shall be advance. one hundred dollars, payable in section 7. ISSUANCE--NONTRANSFERABLE--VOIDING. Each seller's pe=it issued under this ordinance shall be for only one retail outlet. No person, fi=, or corporation shall receive more than two pe=its for the sale of fireworks during anyone calendar year. Each seller's pe=it issued pursuant to this ordinance shall be valid only for the current year, shall be used only by the designated pe=ittee and shall be nontransferable. Each public display pe=it issued pursuant to this ordinance shall be valid for the specific authorized public display event only, shall be used only by the designated pe=ittee and shall be nontransferable. AIly transfer or unauthorized use of a pe=it is a violation of this ordinance and shall void the permit granted in addition to all other sanctions provided in this ordinance. Section 8. APPLICATION FOR PUBLIC DISPLAY PERMIT. Applications for a permit to hold, conduct or operate a public display of fireworks as defined under RCW Chapter 70.77 shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or his/her duly appointed representative. Applications shall be made at least fourteen (14) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the state of Washington as defined by RCW 70.77 and Chapter 212-17 WAC. Section 9. APPLICATION FOR SELLER'S PERMIT-- CONDITIONS FOR ISSUANCE. Applications for seller's pe=its shall be made to the city building official annually on or after April 1st of the year for which the pe=it is issued and the filing period shall close on June 1st of such year unless extended TWSOO7230 -3- by action of the city council. Applications shall be signed before a notary public by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. 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 for the sale of those fireworks allowed pursuant to section five (5) shall be issued only to applicants meeting the following conditions: A. B. TWSOO7230 The retailer or person in charge and responsible for the retail operation shall be over twenty-one years of age, of good moral character and of demonstrated responsibility: c, The applicant shall have a valid and current license issued by the Washington State director of community development through the Washington state director of fire protection pursuant to Chapter 70.77 RCW authorizing the holder thereto to engage in the retail sale of fireworks: The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this ordinance. If the owner does not own or have the right to possess a temporary fireworks stand complying with the standards herein set forth for temporary fireworks stands, then the applicant shall have as a place of sale a building which is of fireproof construction and with proper firefighting equipment located therein as approved by the fire chief or his/her duly authorized representative. In all cases, the placing of fireworks for display and sale shall be in such a manner as to be beyond the reach of customers: D. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance issued by a company or companies approved by the city in the following minimum amounts: five hundred thousand dollars for injuries to anyone person in one accident or -4- E. TWSOO7230 occurrence; one million dollars for injuries to two or more persons in any one accident or occurrence; five hundred thousand dollars for damage to property in anyone accident or occurrence; one million dollars combined single limit for anyone accident or occurrence. In addition, the city is to be an additional named insured and the policy shall provide for the immediate notification of the city by the insurer of any cancella- tion of each policy. The liability policy or policies shall be approved by the city attorney for legality and sufficiency before any permit shall be issued; The permit holder's location or place of business shall be only in those areas or zones identified as B-N, B-C or C-C zones within the city; provided, that the sale of those fireworks authorized by this ordinance shall not be deemed an enlargement of an existing nonconforming use; F. The applicant shall post with the city a performance bond or a cash deposit in an amount not less than five hundred dollars, 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 he removes the temporary stand and cleans up all debris to the satisfaction of the fire chief or building official of the city. In the event of his/her 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 he/she has failed to remove the stand and clean up all debris by the tenth of July following the sales period; only one permit shall be issued to each applicant; G. H. No seller's permit shall be issued for a temporary stand location which fails to -5- I. J. meet the criteria set forth in section ten (lO) of this ordinance, including the minimum stand separation requirement. When necessary, in order to determine priority as to a proposed location, the earliest date and time of filing of an application for a seller's permit with the city clerk shall be controlling, The applicant shall pay the annual permit fee established in section 6 of this ordinance, The applicant shall provide a map or plot plan showing dimensions of the fireworks stand, its location, and compliance with the requirements of this ordinance, in particular, section II as to temporary stands. section lO. SALE FROM STANDS--EXCEPTIONS. All approved fireworks as set forth in section five (5), except toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap, trick or novelty devices not classified as common fireworks and "sparklers," shall be sold and/or distributed only from temporary stands. TWSOO7230 Section lL STANDARDS FOR TEMPORARY STANDS, The temporary stands of all seller's permit holders shall conform to the following minimum standards and conditions: A. Temporary fireworks stands need not comply with all provisions of the building code, provided, however, that all such stands be erected under the supervision of the fire chief or his/her duly authorized representative, who shall require all stands to be constructed in a safe manner ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code of the state of Washington. No heating unit or device with a surface temperature capable of igniting fireworks, or having an open -6- B. c. TWSOO7230 flame will be fireworks stand. allowed within any No temporary fireworks stand shall be located within fifty feet of any other building or structure, or within two hundred fifty feet of any gasoline station, oil storage tank or premises where flammable liquids or gases are kept or stored. Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times. D. Each temporary fireworks stand shall have, in a readily accessible location, at least two (2) two and one-half gallon pressurized water fire extinguishers which are in good working order. Such extinguisher shall be ei ther UL or FM approved. E. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area to a distance of not less than twenty-five feet, measured from the exterior walls of the temporary fireworks stand. F. No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than fifty feet measured from the exterior walls of the temporary fireworks stand. "No smoking" signs, having letters at least two inches in height, shall be posted in a conspicuous location on all four sides of the temporary fireworks stand. G. Each temporary fireworks stand shall be under the direction of a competent adult person, eighteen years of age or older. No person under the age of eighteen years shall be permitted by the permittee to work in such stand. Fireworks may be left in temporary fireworks stands at night provided the stand is locked and a guard is posted. Such guards shall not stay within the fireworks stand. Fireworks removed from the fireworks -7- H. I. J. TWSOO7230 stored in a by the fire stand at night shall be storage location approved chief or his/her designee. All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by twelve (12:00) noon on the sixth day of July of each year. No temporary fireworks stand shall be located within seven hundred fifty feet from any other temporary fireworks stand. Each temporary fireworks stand shall have provisions for sufficient off-street parking, at least fifteen spaces, to avoid impeding a continuous flow of traffic at entrances and exits from the premises; Drov ided, no vehicle parking shall be permitted within twenty-five feet of a fireworks stand, including curbside parking, and such area shall be roped or barricaded to prevent such parking. K. No person shall discharge any fireworks within two hundred fifty feet of the exterior walls of the temporary fireworks stand and signs stating: No discharge of within 250 feet. fireworks shall be posted on the exterior of all walls of the temporary fireworks stand. L. be M, No temporary fireworks stand shall located on a public right-of-way. All signs relating to temporary fireworks stands shall comply with the city's sign regulations. section 12. STANDARDS FOR PUBLIC FIREWORKS DISPLAYS, All public fireworks displays shall conform to the following minimum standards and conditions: A. All public fireworks displays must be planned, organized and discharged by a state-licensed Pyrotechnician. -8- B. C. TWSOO7230 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. A drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred- 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, When, in the discretion of the Fire Chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a city fire department pumper and a minimum of two trained city firefighters shall be on site thirty 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. All compensation for fire department apparatus will be as per the Washington state Chiefs Association's fee schedule and shall be designated to the Federal Way General Fund. E. All combustible debris and trash shall be removed from the area of discharge for a distance of three hundred feet in all directions. F. All unfired or "Dud" fireworks shall be disposed of in a safe manner. -9- G. H. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site. The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. I. Areas of public access shall be determined by the fire chief or designee and maintained in an approved manner. section 13. SALE OF FIREWORKS TO PERSONS UNDER THE AGE OF SIXTEEN PROHIBITED. PUBLIC LAND TWSOO7230 It is unlawful to sell fireworks to any person under the age of sixteen years. The seller shall require proof of age by means of display of a Washington State drivers license or photo identification card issued by the Washington State Department of Licensing. No other form of identification shall be accepted. Section 14. USE OF FIREWORKS IN PUBLIC PARKS AND ON It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park, owned by the city of Federal Way, provided, however, that such use shall be permitted under the following circumstances: A. This provision shall not apply to otherwise lawful use on public rights of way such as sidewalks and planting strips. This subsection shall not be a defense to a charge of obstructing traffic or otherwise obstructing the public rights of way. -10- B. TWSOO7230 The fire chief or his/her designee is authorized to designate limited areas for use during the hours permitted for the discharge of fireworks as allowed by section five (5) of this ordinance. In doing so, the fire chief shall consider: 1. The sensitivity of environment, wildlife habitat: the area 's and wildlife 2, The inconvenience and nuisance abutting property owners: to 3, The safety and suitability of the area as a place for the discharge of fireworks; and 4. Danger of fire or other destruction of public property and improvements from the use of the fireworks. C. Upon designation of any area, it shall be signed and posted by July 1st of each year for use on July 4th between the hours of 9:00 a.m. and 11:00 p.m. Designation of any area may be appealed in writing to the city council by any citizen of the city. The decision of the council shall be final. D. Nothing herein shall be deemed to limit the authority of the council to allow event display of special fireworks under a permit issued in accordance with the provisions of this ordinance. section 15. SPECIAL EFFECTS FOR ENTERTAINMENT MEDIA. This ordinance 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 of Federal Way to purchase, possess, transport or use such fireworks. -11- section 16. NONPROHIBITED ACTS SIGNAL PURPOSES. FOREST PROTECTION. This ordinance 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. section 17. APPLICABILITY. The provisions of this ordinance shall be applicable to the sales and use of all "common fireworks" as defined in RCW 70.77.136, except toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap, trick or novelty devices not classified as common fireworks, and "sparklers." section 18. ORDINANCE IN CONNECTION WITH STATE LAW. This ordinance is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto, section 19. ENFORCEMENT. The fire chief, or designee, in coordination with the building official, is authorized to enforce all provisions of this ordinance and, in addition to criminal sanctions or civil remedies, he/she may revoke any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this ordinance relating to temporary structures. Section 20. RECKLESS PARENTAL SUPERVISION REOUIRED. DISCHARGE OR USE PROHIBITED; A. 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. TWSO07230 -12- B. children under the age of sixteen (16) shall have a parent or responsible adult supervising the discharge or use of fireworks. Section 21. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. section 22. This ordinance shall be effective five (5) days after publication of an approved summary consisting of the title to this ordinance. PASSED by the city council of the city of Federal Way this ~ day of April , 1990. CITY OF FEDERAL WAY WOÁfi' ~if MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: /Z/~ÜL/ t,. ~ éITY CLERK, D LO A. MEAD AS TO FORM: THE CITY ATTORNEY: ~L- FI WITH THE CITY CLERK: April 13. 1990 PASSED BY THE CITY COUNCIL: April 17. 1990 PUBLISHED: April 20. 1990 EFFECTIVE DATE: April 25. 1990 ORDINANCE NO. 90-54 TWSO07230 -13-