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;
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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
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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
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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.
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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
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E.
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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
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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.
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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
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B.
c.
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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
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H.
I.
J.
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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.
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B.
C.
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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.
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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
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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.
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B.
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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.
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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.
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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
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