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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