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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. -1- (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 -2- 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 -3- 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. -4- (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 eh±ldren—under-s±xteen---(16}--years--ef--age--uniess aeeempam±ed-by-a-respens±eie--parent--er--aduit7 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). 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 -5- 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 -6- 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. -7- 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