Chapter 5.27
FIREWORKS
Sections:
5.27.010 Definitions.
5.27.020 Sale, possession, use and discharge of fireworks unlawful.
5.27.030 Repealed.
5.27.040 Permit required for public display.
5.27.050 Repealed.
5.27.060 Permit fees.
5.27.070 Issuance – Nontransferable – Voiding.
5.27.080 Application for public display permit.
5.27.090 Repealed.
5.27.100 Repealed.
5.27.110 Repealed.
5.27.120 Standards for public fireworks displays.
5.27.130 Repealed.
5.27.140 Special effects for entertainment media.
5.27.150 Nonprohibited acts – Signal purposes, forest protection.
5.27.160 Applicability.
5.27.170 Chapter in connection with state law.
5.27.180 Enforcement.
5.27.190 Repealed.
5.27.200 Repealed.
5.27.210 Penalty and violations.
5.27.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this chapter, 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 or 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:
A. “Dangerous fireworks” means any firework not defined as a “common firework” under the provisions of RCW 70.77.136.
5.27.020 Sale, possession, use and discharge of fireworks unlawful.
It is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit:
A. Duly authorized public displays, as provided in RCW 70.77.260; and
B. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311(2). [Ord. 2888 § 1, 1993].
5.27.030 Repealed by Ord. 2888.
5.27.040 Permit required for public display.
It is unlawful for any person 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 chapter. [Ord. 2888 § 2, 1993].
5.27.050 Repealed by Ord. 2888.
5.27.060 Permit fees.
The fee for a “public display permit” for public display of fireworks shall be $30.00 payable in advance. In addition, in the event that the location specified in the permit has unusual parameters, limitations or risks requiring inspection over and above that anticipated in the establishment of this fee (that is in excess of one hour), a charge for inspection shall be paid by the applicant equal to the actual cost of providing the inspection. See ECDC 19.75.065. [Ord. 3452 § 1, 2003; Ord. 2888 § 2, 1993].
5.27.070 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. [Ord. 2888 § 2, 1993].
5.27.080 Application for public display permit.
Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the Edmonds fire marshal at least 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. [Ord. 2888 § 2, 1993].
5.27.090 Repealed by Ord. 2888.
5.27.100 Repealed by Ord. 2888.
5.27.110 Repealed by Ord. 2888.
5.27.120 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.
B. A permit must be obtained from the city and approved by the fire marshal 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.
C. A drawing shall be submitted to the fire marshal showing a plan view of the fireworks discharge site and the surrounding area within a 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 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 30 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 Edmonds General Fund.
E. All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.
F. All unfired or “dud” fireworks shall be disposed of in a safe manner.
G. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
H. The permit may be immediately revoked at any time deemed necessary by the fire marshal 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 marshal or designee and maintained in an approved manner.
5.27.130 Repealed by Ord. 2888.
5.27.140 Special effects for entertainment media.
This chapter 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 Edmonds to purchase, possess, transport or use such fireworks.
5.27.150 Nonprohibited acts – Signal purposes, forest protection.
This chapter 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.
5.27.160 Applicability.
The provisions of this chapter shall be applicable to the sales and use of all fireworks except toy paper caps containing not more than 25/100 grain of explosive compound for each cap and trick or novelty device not classified as common fireworks.
5.27.170 Chapter in connection with state law.
This chapter 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.
5.27.180 Enforcement.
The fire chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter 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 chapter or the requirements of the community development code relating to temporary structures.
5.27.190 Repealed by Ord. 2900.
5.27.200 Repealed by Ord. 2888.
5.27.210 Penalty and violations.
Any person violating or failing to comply with the provisions of this chapter which does not also constitute a violation of sate law shall be guilty of a civil infraction and upon conviction thereof, shall be punished by a fine of $50.00 for the first offense, $100.00 for the second offense, $150.00 for the third offense and $200.00 for each offense within a three-year period. Any violation of this chapter which also constitutes a violation of state law shall be punishable under state law penalties. In addition, any fireworks that are involved in the violation may be confiscated. [Ord. 3027 § 1, 1995].