HomeMy WebLinkAbout2511 OrdinanceORDINANCE NO
2511
AN ORDINANCE relating to fire prevention and the manufacture,
import, possession, sale, and display of
fireworks in the City of Pasco and amending
Chapter 18 04 of the Pasco Municipal Code by
the amendment of Section 18 04 110
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS
Section 18 04 110 of the Pasco Municipal Code relating
to the manufacture, sale and discharge of fireworks in the City
of Pasco is hereby amended in its entirety to read as follows
18 04 110 SUBSTITUTION FOR SECTION 78 102 OF THE UFC
-Section 78 102 of the Uniform Fire Code is omitted and the following
shall be substituted in its place
Section 78 102 Manufacture, Sale and Discharge of Fireworks
A The manufacture of fireworks is prohibited within
the City and all districts, except by special permit, and only
in I-1 (light industrial) and 1-2 (heavy industrial)
B Except as herein provided, it is unlawful for any
person to possess, store, offer for sale, expose for sale, sell
at retail, or use, or explode, fire, or discharge any fireworks
(1) The Fire Chief is authorized to adopt reasonable rules
and regulations for the granting of permits for supervised public
displays of fireworks Applicants shall meet all qualifications
and requirements of State law regarding public display of fireworks
and all fire and safety requirements as set forth here in the
standards for public display Every operator shall have first
obtained a state license pursuant to RCW 70 77 300 The display
shall be of such character and so located, discharged or fired
that, after proper inspection, shall not be hazardous to property
or endanger any person
(2) The Fire Department shall issue each year permits
for the sale of fireworks to persons, corporations, or organizations,
after investigation and determination that the location where
the fireworks are to be sold is not hazardous to property and
does not endanger any person, and that the person(s) in charge
of selling the fireworks are competent and trained to handle
such fireworks and meet all requirements as set forth here in
the standards for retail sales of fireworks
(3) The use, sale and discharge of fireworks shall be
governed at all times by the provisions of RCW 70 77 and by
the rules and regulations of the State Fire Marshall adopted
pursuant to the authority of said statute
(4) The fee for a local fireworks display or sales permit
shall be Fifty Dollars ($50 00), the fee to be payable to the
City Finance Office upon approval of the application by the
Fire Department, and is a non-refundable fee
(5) Applicants for the sale and/or public display of
fireworks shall obtain a City of Pasco business license, upon
compliance with other applicable city ordinances and general
laws and payment of the license fee
(6) Applications for local fireworks display and sales
permits shall be investigated for matters concerning the applicants'
past history of compliance with safety regulations
Standards for Retail Sales of Fireworks Retail
sales permit holders shall conform to the following minimum
standards and conditions
(1) Every operator shall have first obtained a State
License pursuant to RCW 70 77
(2) Applications for permits for retail sales of fireworks
shall be made in writing during the period commencing the Is'L
day of April of each year and ending not later than t4 . last
day of May of each year, unless extended by action of Lne City
Council
(3) It shall be unlawful for a fireworks manufacturer,
wholesaler, or supplier to make application for or to obtain
a retail sales permit on behalf of any retailer
(4) Fireworks sold at retail shall be sold only in temporary
stands or in buildings used for no other purpose
(5) Each sellers permit issued under this chapter shall
be for only one (1) retail outlet
(6) Fireworks may be issued, fired, or discharged in
the city during the period commencing at 12 00 o'clock noon
on the twenty-eighth of June and ending at 12 00 o'clock noon
on the sixth day of July each year No fireworks may be sold
or discharged between the hours of eleven o'clock p m and
nine o'clock a m
(7) The retailer or person in charge and responsible
for the retail operation shall be over eighteen (18) years
of age, of good moral character and of demonstrated responsibility
In no case shall there be anyone under the age of eighteen
(18) in the sales stand at any time the stand is stocked
(8) A plot plan showing the exact location of the stand
shall be submitted to the Fire Department for approval Stands
located on street corners shall be located at least twenty
(20) feet from that corner in all directions In no case
shall a stand be closer than twenty (20) feet to a public roadway
- 2 -
(9) Each applicant shall present written permission from
the legal controller (be It the property owner or the tenant)
of the property, authorizing use of the property on which the
display and/or retail sales of fireworks is to take place
(10) Fireworks stands shall be permitted only in commercial
and/or industrial use districts Stands shall be located
a minimum distance of fifty (50) feet from any building
(11) Each retail fireworks stand shall be so located that
motor vehicles cannot park within twenty-five (25) feet of
such stands (Barriers shall be provided to restrict vehicle
traffic)
(12) There shall be no accumulation of dry grass, paper,
cardboard, trash, lumber or other combustibles, within twenty-
five (25) feet of any retail fireworks outlet
(13) Each retail fireworks stand shall be so located that
no flammable/combustible liquid and/or liquified petroleum
gas dispensing or storage equipment is within one hundred (100)
feet of such stand
(14) The site of each sale stand shall be inspected by
a representative of the Pasco Fire Department before issuance
of a permit
(15) Each stand shall have a minimum of two (2) exits
and be unobstructed at all times
(16) Each retail fatreworks location shall have not less
than two (2) water type extinguishers of not less than two-
and-one-half (2 1/2) gallon capacity or equivalent Water
barrels will be acceptable Such fire extinguishers and/or
barrels shall be in place prior to the stocking of the stand
(17) "No Smoking" signs shall be posted at conspicuous
locations on all exterior walls of the fireworks stand or structure
and such areas as may be designated by the inspecting authority
Each sign shall have the words "No Smoking" in letters not less
than two (2) inches in height All signs shall be maintained
in a legible condition Smoking shall be prohibited within
twenty-five (25) feet of any fireworks stand or building in
which fireworks are sold or stored
(18) Fireworks shall not be discharged within two hundred-
and-fifty (250) feet of any fireworks stand or building in which
fireworks are sold or stored and signs stating "No discharge
of fireworks within 250 feet" shall be posted on the exterior
of all walls of the stand
(19) The permit and business license shall be posted in
a conspicuous place -on the premises for which they were issued
- 3 -
(20) Stock from the stand shall not be removed and stored
in any other building during the sales period without the express
approval of the Fire Department
(21) Fireworks shall not be sold or given to minor children
under sixteen (16) years of age unless accompanied by a responsible
parent or adult A sign shall be posted to this effect
(22) Periodic inspections of the fireworks stands and/
or premises storage location will be made to assure compliance
with the requirements
(23) Temporary fireworks stands need not comply with
all provisions of the building code, provided, however, that
all such stands be erected and constructed in a safe manner
ensuring the safety of attendants and patrons In the event
any temporary stand is wired for electricity, the wiring and
devices shall conform to the electrical code
(24) Temporary structures and stands used for the retail
sales of fireworks shall be removed from the premises within
one (1) week after July 6th of each year Any such stand
or structure remaining beyond the one (1) week may be removed
by the Fire Department at the expense of the permittee or owner
(25) It is unlawful to use, fire, or discharge any fireworks
along the route of and during any parade or at any place of
public assembly or in any commercial use district
(26) A fireworks stand shall be located at least two-
hundred-and-fifty (250) feet from another fireworks stand
or be separated from another fireworks stand by a major thorough-
fare with at least one hundred (100) feet of spacing between
the stands The Chief may modify the distance requirements
of this section where there are practical difficulties in
carrying out these requirements or where hazardous circumstances
warrant modifications
(27) It is unlawful at any time to throw or toss any
fieworks at any person, animal, or vehicle
(28) No permit granted herewithin shall be transferable
Standards for Public Fireworks Dis lays All
public fireworks displays shall conform to tae following minimum
standards and conditions
(1) Applications for permits for public display of
fireworks shall be made in writing at least ten (10) days
in advance of the display
(2) All public fireworks displays must be planned,
organized and discharged by a State of Washington licensed
Pyrotechnician
4
(3) A permit must be obtained from the City of Pasco
and approved by the Fire Chief or his designee prior to any
display of public fireworks The permit shall Include the
name of the applicant and his address, the name of the Pyro-
technician 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
(4) A drawing shall be submitted to the Fire Department
showing a plan view of the fireworks discharge site and the
surrounding area within a five hundred (500) 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 fire
fighting capabilities
(5) A City of Pasco Fire Department pumper and a minimum
of two (2) trained City of Pasco firefighters shall be on site
thirty (30) minutes prior to and after the shooting of the
event Reasonable compensation for stand-by apparatus and
manpower may be necessary as determined by the Fire Chief
Any compensation for Fire Department apparatus and manpower
will be as per the Washington State Chiefs' Association fee
schedule
(6) All combustible debris and trash shall be removed
from the area of discharge for a distance of three hundred
(300) feet in all directions
(7) All unfired or "DUD" fireworks shall be disposed
of in a safe manner
(8) A minimum of two 2A rated pressurized water fire
extinguishers and one (1) fire blanket shall be required to
be at the fireworks discharge site
(9) The permit may be immediately revoked at any time
deemed necessary by the Fire Department due to any noncompliance
or 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
(10) Areas of public access shall be approved by the
Fire Department and maintained in an approved manner
This ordinance shall take effect five (5) days after passage
and publication according to law
5
PASSED this day o
1984, and approved by the Mayor
oe W J s n, Mayor
ve yn W s, City Clerk
ATTEST
APPROVED AS TO FORM
reg A stello, City Attor ey
-6
,
ORDINANCE NO 2511
AN ORDINANCE relating to
fire prevention and the
manufacture import pos
session sale and display
of fav:works in the City of
Pascofand amending
Chapter 18 04 of the Pasco
Mum pal Code by the
amendment of Section
18 04 110
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
Section 18 04 110 of the
Pasco Municipal Code re-
lating to the manufacture
sale and discharge of fire
works in the City of Pasco is
hereby amended in its en
tirety to react as follows
18 04 110 SUBSTITU
TION FOR SECTION
78 102 OF THE UFC Sec
tic:in 78 102 of the Uniform
Fire Code is omitted and
the following shall be sub
stituted in its place
Section 78 102 Man
ufacture Sale and Dis
charge of Fireworks
A The manufacture of
fireworks is ,prohibited
within the City and all dm
tricts except by special
permit and only in I 1 (light
industrial) and I 2 (heavy in
dustnal)
B Except as 'herein pro-
vided it is unlawful for any
person to possess store
offer for sale expose tot
sale sell at retail,'or use at
, explode fire or discharge
!any fireworks
1) The Fire Chief is au
thonzed to adopt reasona-
ble rules and regulations
for the granting of {permits
for supervised public dis-
plays of fireworks Appli
cants shall meet all
qualifications and eequire
ments of State law regard
ing public display ot
fireworks and all fire and
safety requirements as set
forth here in the standards
for public display Every op-
erator shair-have first ob-
tained a state license
pursuant to RCW
70 77 300 The display
_shall be of such charactei
and so located discharged
or fired that after proper in
spection shall not be haz
ardous to property 'at
endanger any person
(2) The Fire Department
shall issue each year per
mas for the sale of fire
works to persons
corporations or oreaniza
lions after investigation
and determination that the
location where the fire
works are to be sold is not
hazardous to property and
does not endanger any per
son and that the person(st
in charge of selling the fire
works are competent anc
trained to handle such fire
works and meet all require
ments as set forth here in
the standards for retail
sales of fireworks
(3) The use sale and dos
charge of fireworks shall be
governed at all times by the
provisions of RCW 70 77
and by the rules and regu
lations of the State Fire
Marshall adepted pursuant
to the authority of said stat
ute
(4) The fee for a local fire
works display or sales per
mit shall be Fifty Dollars
($50 00) the fee to be paya
ble to the City Finance Of
lice upon approval of the
application by the Fire De
panment and is a non re
fundable fee
(5) Applicants for the sale
and/or public display of fire-
works shall obtain a City of
Pasco business license
upon compliance with other
applicable city ordinances
and general laws and pay
ment of the license fee
(6) Applications for local
fireworks display and sales
permits shall be investt
gated for matters concern
Mg the applicants past
history of compliance with
safety regulations
C Standards for Retail
Sales of Fireworks Retail
sales permit holder shall
conform to the following
minimum standards and
conditions
(1) Every operator shall
have first obtained a State
License pursuant to RCW
70 77
(2) Applications for per
fiats for retail sales of fire-
works shall be made in
writing during the period
commencing the 1st day ol
April of each year and end
ing not later than the last
day of May of each year
unless extended by action
of the City Council
(3) It shall be unlawful for
a fireworks manufacturer
wholesaler or supplier to
make application for orto
obtain a retail sales permit
on behalf of any retailer
(4) Fireworks sold at re
tail shall be sold only in
temporary stands or in
buildings used for no other
purpose
(5) Each sellers permit is
sued under this chapter
shall be for only (1) retail
outlet
(6) Fireworks may be is
sued fired or discharged
in the city during the period
commencing at 10 00
o clock noon on the twenty
eighth of June and ending
at 10 00 o clock noon on
the sixth day of July each
year No fireworks may be
sold or discharged between
the hours of eleven o clock
p m and nine o clock a m
(7) The retailer or person
in charge and responsible
for the retail operation shall
be over eighteen (18) years
of age of good moral char-
acter and of demonstrated
responsibility In no case
shall there be anyone
under the age of eighteen
(18) in the sales stand at
any time the stand is
stocked
(8) A plot plan showing
the exact location of the
stand shall be submitted to
the Fire Department for ap-
proval Stands located on
street corners shall be lo
cated at least twenty (20)
feet from that corner in all
directions In no case shall
a stand be closer than
twenty (20) feet to a public
roadway
(9) Each applicant shall
present written permission
from the legal controller (be
it the property owner or the
tenant) of the property au-
thorizing use of the prop-
erty on which the display
and/or retail sales of fire-
works is to take place
(10) Fireworks stands
shall be permitted only in
commercial and/or indus-
trial use districts Stands
shall be located a minimum
distance of fifty (50) feet
from any building
(11) Each retail fireworks
stand shall be so located
that motor vehicles cannot
park within twenty-five (25)
feet of such stands (Bar
roars shall be provided to re
strict vehicle traffic)
(12) There shall be no ac
cumulation of dry grass
paper cardboard trash
lumbor or other combusti-
bles within twenty-five (25)
feet of any retail fireworks
outlet
(13) Each retail fireworks
stand shall be so located
that no flammable/com-
bustible liquid and/or liqui-
fied petroleum gas
dispensing or storage
equipment is within one
hundred (100) feet of such
stand
(14) The site of each sale
stand shall be inspected by
a representative of the
Pasco Fire Department be-
fore issuance of a permit
(15) Each stand shall
have a minimum of two (2)
exits and be unobstructed
at all times
(16) Each retail fireworks
location shall have not less
than two (2) water type ex
tinguishers of not less than
two and-one-half (21/2) gal
Ion capacity of equivalent
Water barrels will be accep
table Such fire extinguish
ers and/or barrels shall be
in place prior to the stock
mg of the stand
(17) "No Smoking" signs
shalt be posted at conspic-
uous locations on all exte-
rior walls of the fireworks
stand or structure and such
areas as may be desig
nated by the inspecting au
thorny Each sign shall
have the words No Smok
trig in letters not less than
two (2) inches in height All
signs shall be maintained in
a legible condition Smok
mg shall be prohibited
within twenty five (25) feet
of any fireworks stand or
building in which fireworks
are sold or stored
(18) Fireworks shall not
be discharged within two
hundred-and fifty (250) feet
of any fireworks stand or
building in which fireworks
are sold or stored and signs
stating "No discharge of
fireworks within 250 feet"
shall be posted on the exte-
rior of all walls of the
stand"
(19) The permit and busi-
ness license shall be
posted in a conspicuous
place on the premises for
inthich they were issued
(20) Stock from the stand
shall not be removed and
stored in any other building
during the sales period
without the express appro-
val of the Fire Department
(21) Fireworks shall not
be sold or given to minor
children under sixteen (16)
years of age unless accom-
panied by a responsible
parent or adult A sign shall
be posted to this effect
(22) Periodic inspections
of the fireworks stands
and/or premises storage lo-
cation will be made to as-
sure compliance with the
requirements
(23) Temporary fireworks
stands need not comply
with all provisions of the
building code provided
however that all such
stands be erected and con-
structed in a safe manner
ensuring the safety of at-
tendants and patrons In
the event any temporary
stand is wired for elect ic-
ity the wiring and devices
shall conform to the electn
cal code
(24) Temporary struc
tures and stands used for
the retail sales of fireworks
shall be removed from the
premises with one (1) week
after July 6th of each year
Any such stand or structure
remaining beyond the one
(1) week may be removed
by the Fire Department at
the expense of the permit
tee or owner
(25) It is unlawful to use
fire or discharge any fire
works along the route of
and during any parade or at
arty place of public assem
bly or in any commercial
use district
(26) A fireworks stand
shall be located at least
two hundred and fifty (250)
feet from another fireworks
stand or be separated from
another fireworks stand by
a major thorough fare with
at least one hundred (100)
feet of spacing between the
stands The Chief may
modify the distance re
quirements of this section
where there are practical
difficulties in carrying out
these requirements or
where hazardous circum
stances warrant modifica
lions
(27) It is unlawful at any
time to throw or toss any
fireworks at any person an
mai or vehicle
(28) No permit granted
herewithin shall be transfer
able
Standards for Public
Fireworks Displays All
public fireworks displays
shall conform to the follow
ing minimum standards
and conditions
(1) Application for per
mits for public display of
fireworks shall be made in
writing at least ten (10) days
in advance of the display
(2) All public fireworks
displays must be planned
organized and discharged
by a State of Washington Ii
censed Pyrotechnician
(3) A permit must be ob-
tained from the City of
Pasco and approved by the
Fire Chief or his designee
prior to any display of pub-
lic fireworks The permit
shall include the name of
the applicant and his ad
dress the name of the Py
rotechnician and his
address the exact location
date and time of the pro
posed 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 insur
ance company providing
the bond required
(4) A drawing shall be
submitted to the F ire De-
partment showing `a plan
view of the fireworks dis
charge site and the sur
rounding area within a five
hundred (500) foot radius
The drawing shall include
all structures fenced barn
cades streets fields
streams and any other sig-
nificant factors that may be
subjected to ignition or that
may inhibit fire fighting ca
pabilities
(5) A City of Pasco Fire
Department pumper and a
minimum of two (2) trained
City of Pasco firefighters
shall be on site thirty (30)
minutes prior to and after
the shooting of the event
Reasonable compensation
for stand by apparatus and
manpower may be nec
essary as determined by
the Fire Chief Any com-
pensation for Fire Depart-
ment apparatus and
manpower will be as per
the Washington State
Chiefs Association fee
schedule
(6) All combustible debris
and trash shall be removed
from the area of discharge
for a distance of three hun-
dred (300) feet in all direc-
tions
(7) All unfired or "DUD"
fireworks shall be disposed
of in a safe manner
(8) A minimum of two 2A
rated pressurized water tire
extinguishers and one (1)
fire blanket shall be re-
quired to be at the fireworks
discharge site
(9) The permit may be
immediately revoked at any
time deemed necessary by
the Fire Department due to
any noncompliance or
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
(10) Areas of public ac-
cess shall be approved by
the Fire Department and
maintained in an approval
manner
This ordinance shall take
effect five (5) days after
passage and publication
according to law
PASSED this 4 day of
September 1984 and ap-
proved by the Mayor
s-Joe W Jackson
Mayor
ATTEST
s Evelyn Wells
City Clerk ,
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
Legal No 17754 - Sep-
tember 8, 1984
AFFIDAVIT OF PUBLICATION
COUNTY OF Benton
)ss
STA FE OF WASHINGTON
Karen Roberson , being first duly sworn on oath deposes
and says she is the Prinolpal Cleric of the Tr' City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which It is published and
it is now and has been for more than six months prior to the date of the publication
hei einafter referred to, published in the English language continually as a daily news-
paper in Benton County,
Washington, and is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper That the annexed is a true
copy of a Legal notice
as it was printed in the regular and entire issue of the Tri City Herald itself and not in a
supplement thereof, for a period of 1 time mosocatmemeeks; commencing
on the 8th day of Sept. ,l984 , and
ending on the 8th day of Sept. , 19 84 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of 4300.15 has not baKobeen paid in full, also at the rate of
43i inches at 6.90
10th day of Sept. ,19 84
Notary Public in and for the State of Washington residing at Pasco
Subscribed and sworn to before me this
FINANCE DEPARTMENT
15091 545-3401
Sean 726-3401
P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
September 5, 1984
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Gentlemen
Please publish Ordinance No. 2511 on the following
date:
September 8, 1984
Please send two (2) Affidavits of Publication.
Sincerely yours,
Evelyn Wells
City Clerk
ew