HomeMy WebLinkAbout2730 OrdinanceORDINANCE NO. 2730
AN ORDINANCE of the City of Pasco relating to fire
prevention and the manufacture, import, possession and
sale 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 1. Section 18.04 of the Pasco Municipal Code
relating to the manufacture, sale and discharge of fireworks in
the City of Pasco is hereby amended (new language is underlined,
deleted language is interlineated) 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 70.77.3095. 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.
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(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.
(7) No person may sell,use, or possess in the City
of Pasco, any of the following except with a permit
and in the manner provided by law:
a. "Special fireworks" as defined in RCW
70.77.131 and WAC 212-17-040.
b. "Agricultural and wildlife fireworks " as
defined in RCW 70.77.141 and WAC 212-17-045.
c. "Special effects" as defined in RCW
70.77.146.
(8) It shall be unlawful for any person or
corporation to sell or give fireworks to anyone under
the age of 16 years unless that person is under the
immediate supervision of an adult (18 years old or
older). It shall be unlawful for a parent, guardian
or other person responsible for a child under the age
of 16 years to allow that child to possess, use,
discharge or transport any fireworks, unless that
child is under the immediate supervision of an adult.
"Fireworks" as used herein excludes toy paper caps
containing not more than twenty-five hundredths grain
of explosive compound for each cap and trick or
novelty devices not classified as common fireworks.
(9) No person may sell, use, or possess in the
City of Pasco, any of the following:
a. Sky rocket - tube not exceeding 1/2 inch
(12.5 mm) inside diameter than may contain up to 20
grams of pyrotechnic composition. Sky rockets
contain a wooden stick for guidance and stability and
rise into the air upon ignition. A burst of color or
noise or both is produced at the height of flight.
b. Missile-type rocket - devise similar to a sky
rocket in size, composition, and effect, that uses
fins rather than a stick for guidance and stability.
c. Firecracker or salute - small paper-wrapped
or cardboard tube, the external dimensions of which
do not exceed 1-1/2 inches in length or 1/4 inch in
diameter containing not more than 50 mg of
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pyrotechnic composition. Upon ignition, noise and a
flash of light are produced.
d. Chaser - small paper or cardboard tube that
travels along the ground upon ignition. A whistling
effect, or other noise, if often produced. The
explosive composition used to create the noise may
not exceed 50 mg.
e. Combination items - fireworks devices
containing combination of two or more of the effects
described in WAC 212-17-198.
f. Any fireworks devices which do not satisfy
all the chemical content and construction
requirements of WAC 212-17-050.
q. Any fireworks larger, in terms of size or
amount of pyrotechnic composition than specified in
this section.
C. 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 1st day of April of each year and
ending 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 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 seller's 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
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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.
(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
liquefied petroleum gas dispensing or storage
equipment is within one hundred (100) feet of such
stand.
(14) The site of each 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 fireworks 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 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.
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(19) The permit and business license shall be
posted in a conspicuous place on the premises for
which 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 approval of the Fire Department.
(21) Frewerks-shail-net-be-seld-er-g±ven-te-m±ner
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shall be unlawful for any person or corporation to
sell or give fireworks to anyone under the age of 16
years unless that person is under the immediate
supervision of an adult (18 years old or older). 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 thoroughfare 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 fireworks at any person, animal, or vehicle.
(28) No permit granted herewithin shall be
transferable.
(29) Notwithstanding RCW 70.77.575 and 70.77.580,
every retailer in the City of Pasco is required to
post prominently at each retail outlet, a list of the
fireworks that may be sold to the public under this
article. The list is subject to approval by the Fire
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Chief and shall be submitted to the Fire Chief no
later than May 31 of each year.
D. Standards for Public Fireworks Displays. All
public fireworks displays shall conform to the
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.
(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 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.
(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 Chief's 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
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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.
Section 2. Section 18.04 of the Pasco Municipal Code
relating to the manufacture, sale and discharge of fireworks in
the City of Pasco is amended to add new Section 18.04.111 as
follows:
18.04.111 CERTAIN COMMON AND CLASSIC FIREWORKS
PROHIBITED. No person may sell, use or possess in the
City of Pasco, any of the following after one year from
the effective date of this Ordinance:
a. Helicopter or aerial spinner - tube not more
than 1/2 inch (12.5 mm) inside diameter and
containing up to 20 grams of pyrotechnic composition.
A propeller or blade is attached, which upon
ignition, lifts the rapidly spinning device into the
air. A visible or audible effect is produced at the
height of flight.
b. Mine or shell - heavy cardboard or paper tube
up to 2-1/2 inches (63.5 mm) inside diameter attached
to a wood or plastic base and containing up to 40
grams of pyrotechnic composition. Upon ignition,
"stars", firecrackers, or other devices are propelled
into the air. The tube remains on the ground.
c. Ground spinner - small device similar to a
wheel in design and effect, and placed on the ground
and ignited. A shower of sparks and color is
produced by the rapidly spinning device.
d. Roman candle - heavy paper or cardboard tube
not exceeding 3/8 inch (9.5 mm) inside diameter and
containing up to 20 grams of pyrotechnic composition.
Upon ignition, up to ten "stars" (pellets of pressed
pyrotechnic composition that burn with bright color)
are individually expelled at several second
intervals.
e. Smoke device - tube or sphere containing
pyrotechnic composition that upon ignition, produces
white or colored smoke as the primary effect.
f. Jumping lacks - a small tube containing
pyrotechnic composition that upon ignition, the tube
will bounce around and produce a flash.
Section 3. This ordinance shall take effect five (5)
days after passage and publication according to law except as
provided for in Section 18.04.110(B)(9) and Section 18.04.111
which shall take effect one (1) year and five (5) days after
passage and publication according to law.
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PASSED by the City Council and APPROVED by the Mayor this
day of June, 1989.
ED HENDLER, Mayor
ATTEST: APPROVED AS TO FORM:
EVELYN WELLS, City Clerk GREG A. RUBSTELLO, City Attorney