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Title 8
HEALTH AND SAFETYChapters:
8.05 Alarm Devices
8.10 Public Nuisance Abatement
8.15 Fireworks
8.20 Blasting Permits
Chapter 8.05
ALARM DEVICESSections:
8.05.010 Purpose and findings.
8.05.020 Exercise of regulatory police power and revenue license power.
8.05.030 License required.
8.05.040 Definitions.
8.05.050 Alarm system operator (monitoring company) license.
8.05.060 Monitored alarm device license.
8.05.070 Duty of licensee.
8.05.080 Regulations.
8.05.090 Certain devices, systems, uses prohibited.
8.05.100 No response to excessive false alarms.
8.05.110 Suspension or revocation.
8.05.120 False alarm response fee.
8.05.130 Fees.
8.05.140 Method of payment.
8.05.150 Heat detectors required.
8.05.160 Smoke detectors required.
8.05.170 Fire sprinkler flow alarms required.
8.05.180 No administrative appeal.
8.05.190 Penalties.
8.05.200 Mailing of notices.
8.05.210 Duty to supply ordinances and information to system subscribers.
8.05.220 Severability.
8.05.230 Effective date.
8.05.240 Initial compliance date.
8.05.250 Short title.
8.05.010 Purpose and findings.
The purpose and intent of this chapter is to: (1) protect public safety by curtailing or eliminating the extraordinary number of false alarms which prevent, hinder, or delay public safety personnel from responding to legitimate calls for public service; (2) recover the costs associated with responses to false alarms as the expenditure of such public funds constitutes an unlawful gifting of public monies; (3) stop the current subsidization of private business with public tax dollars; (4) reduce or eliminate the instances of false alarm activations in the city of Newcastle; and (5) license the alarm industry in the city of Newcastle. The recitals set forth in the preamble to the ordinance codified in this chapter are hereby incorporated by reference as if fully stated herein. (Ord. 2004-286 § 2).
8.05.020 Exercise of regulatory police power and revenue license power.
A. The provisions of this chapter shall be deemed an exercise of the city’s police power to promote the health, safety, and welfare of the general public, and are not intended to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially affected by the terms of this chapter. This chapter neither imposes nor creates duties on the part of the city or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so, is placed solely upon the parties responsible for owning, operating, monitoring, or maintaining monitored alarm systems.
B. To the extent that the city may not exercise regulatory power with respect to the licensing requirements of this chapter, the provisions of this chapter pertaining to licensing shall be deemed an exercise of the power of the city of Newcastle to license for revenue the privilege of engaging in business in the city. (Ord. 2004-286 § 2).
8.05.030 License required.
A. It shall be unlawful for any person to connect to a monitored alarm system in the city of Newcastle, or to monitor such an alarm system, directly or indirectly, via telephone, cable, wire, wireless, video, electronic, or other form of connection to or by any outside entity or source without first having obtained a license or licenses required by this chapter.
B. It shall be unlawful for any person to permit to be used or operated any monitored alarm system in the city of Newcastle that is connected by means of telephone, cable, wire, wireless, video, electronic, or other form of connection to any outside entity or source that is not licensed or is not monitored by a person licensed pursuant to this chapter.
C. The licenses required pursuant to this chapter are separate from and in addition to any licenses required by any other chapter of the Newcastle Municipal Code, including, but not limited to, Chapter 5.15 NMC, Business Licenses.
D. It shall be unlawful for any person to avoid any of the licensing requirements of this chapter by subcontracting for monitoring services or making any other contractual or business arrangement that has the effect of avoiding the requirements of this chapter. (Ord. 2004-286 § 2).
8.05.040 Definitions.
Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter:
A. “Alarm system” or “alarm device” means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to a private monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle.
B. “Alarm system monitoring company” or “alarm system operator” means any person, individual, partnership, corporation, or other form of association that engages in the business of monitoring intrusion, property, burglary, robbery, panic alarms, or other alarm systems located in the city of Newcastle, and which reports any activation of such alarm systems to the police, police dispatch, and/or the law enforcement support agency, directly or indirectly. This includes alarm system monitoring companies and alarm system operators that are located within or outside the city limits of Newcastle and which monitor alarms installed within the city limits of Newcastle.
C. “Alarm system user” means the person having or maintaining a property, intrusion, burglary, robbery, panic, or other alarm system. It means only a subscriber when the system is connected to an alarm system monitoring company.
D. “Burglary alarm system” has the same meaning as “property alarm” in subsection (R) of this section.
E. “Chief of police” means the chief of the Newcastle police department, or his or her designee.
F. “City clerk” means the city clerk of Newcastle, or his or her designee.
G. “City manager” means the city manager of the city of Newcastle, or the manager’s designee.
H. “Department” shall mean the finance department of the city of Newcastle.
I. “Director” shall mean the director of finance, or his or her designee.
J. “False alarm” means the reporting of the activation of any monitored alarm system where police units dispatched to the location determine that there is no evidence of a crime or other activity on the premises that would warrant a call for immediate police assistance or investigation. An alarm shall be presumed to be false if the responding city personnel do not locate evidence of intrusion, commission of an unlawful act, or emergency on the premises that might have caused the alarm to sound.
K. “Fire alarm” means a signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature.
L. “Monitored alarm system” means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. This includes all systems which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits of Newcastle to any location outside of Newcastle (e.g., an alarm monitoring center located in a state, city, or other than Washington). All alarms that are monitored are included within the definition of “monitored alarm system”; e.g., any monitored burglary, intrusion, panic, premises, property, robbery, or other type of alarm device.
M. “Panic alarm” has the same meaning as “robbery alarm” in subsection (T) of this section.
N. “Permittee” or “licensee” means the person(s), corporation(s), or other business entity to whom a license or licenses have been issued under this chapter.
O. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the state of Washington, and any political subdivision or municipal corporation thereof.
P. “Police department” or “police” means the Newcastle police department.
Q. “Premises” means any area and any portion of any area protected by an alarm system.
R. “Property alarm,” “intrusion alarm,” or “burglary alarm” means any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors or other techniques and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises.
S. “Residence” means a building or structure or portion thereof designed to be used as a place of abode for human beings and that is not used for any other primary purpose. The term includes all dwelling units within the definition of a “residential use.”
T. “Robbery alarm” or “panic alarm” means any system, device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:
1. The system is installed on real property (the “protected premises”);
2. It is designed to be activated by an individual for the purpose of summoning assistance to the premises;
3. It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the protected premises; and
4. It is intended to summon police assistance to the premises.
U. “System subscriber” means any person, corporation, or other business entity that purchased, contracted for, or has had any alarm system installed in or on premises owned or controlled by them. (Ord. 2004-286 § 2).
8.05.050 Alarm system operator (monitoring company) license.
An alarm system operator license shall be required for any person to be or become or operate or provide an alarm monitoring service within the jurisdictional limits of the city of Newcastle. This includes any person who monitors alarm devices installed in the jurisdictional limits of Newcastle even if such monitoring is conducted from a location outside the city limits of Newcastle (e.g., an alarm monitoring center in another city or state). Such license shall be valid for the calendar year in which it is issued and is not transferable. (Ord. 2004-286 § 2).
8.05.060 Monitored alarm device license.
A. Monitored alarm device licenses shall be required for any alarm system operator renting, leasing, installing, placing, subscribing, contracting, subcontracting, or otherwise arranging to monitor an alarm device within the city limits of Newcastle. Each monitored alarm device license shall be issued for a particular device, and shall not be transferable from: one monitored alarm device to another; from one person to another; or from one premises, building, dwelling, or residence to another. A monitored alarm device license is valid only for the calendar year in which it is issued. If an alarm system operator or subscriber transfers, assigns, or subcontracts monitoring services for a validly licensed alarm device to another alarm system operator, the existing valid license shall remain in full force and effect for the remainder of the calendar year in which it was issued. An alarm system operator who assumes responsibility for monitoring an alarm device that has already been licensed for that year must report all such transfers in its quarterly report. The alarm system operator shall provide the transfer information in the form required by the director (e.g., Excel spreadsheet). The transfer information shall include, at a minimum, the name of the alarm system operator under which the device was previously licensed, the name of the alarm system operator assuming responsibility for the alarm, the address where the device is installed, and the name of the subscriber.
B. Alarm system operators shall update quarterly, in the form required by the director (e.g., Excel spreadsheet), a list of all alarm devices monitored by them within the jurisdictional limits of the city of Newcastle. Such list shall include the information required by the director, which at a minimum shall include the address where the alarm is installed, the name of the subscriber, the type of alarm, and the number of alarm devices.
C. An alarm system operator license is not required for alarm system users who do not have a monitored alarm system. However, the property owner of the premises where the nonmonitored alarm systems are located shall be assessed false alarm fees, call cancellation fees and other penalties described in this chapter. (Ord. 2004-286 § 2).
8.05.070 Duty of licensee.
A. It shall be the duty of all licensees granted licenses under this chapter to comply with all applicable regulations in this chapter or elsewhere, and the failure of any licensee to do so shall constitute, but shall not be exclusive grounds for, suspension or revocation of any license and shall constitute a violation of this chapter.
B. It shall be the duty of all licensees granted licenses under this chapter not to have in their employ or financially interested in the business to be conducted any person who has had his or her license revoked or suspended by the city of Newcastle within one year from the date of such revocation.
C. It shall be the duty of any person engaged in or representing himself or herself as being engaged in an alarm monitoring business in the city of Newcastle, whether it be for selling, leasing, renting, servicing, inspecting, installing, maintaining, repairing, or monitoring alarms, to obtain all licenses required by this or any other chapter including those required pursuant to Chapter 5.15 NMC, Business Licenses. (Ord. 2004-286 § 2).
8.05.080 Regulations.
A. All monitored alarm systems and alarm system operators shall comply with the regulations set forth in this chapter.
B. Fees shall be assessed for all responses to monitored alarms that are determined to be false by the chief of police. (Ord. 2004-286 § 2).
8.05.090 Certain devices, systems, uses prohibited.
A. No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 10 minutes.
B. No person shall operate or use an alarm system which automatically dials the Newcastle police department or their dispatch center directly and delivers a prerecorded message.
C. No person shall install, monitor, operate, or use a monitored alarm system which is not licensed as required pursuant to this chapter. (Ord. 2004-286 § 2).
8.05.100 No response to excessive false alarms.
The Newcastle police department may not respond to calls from alarm system monitoring companies or nonmonitored alarm system users for alarm devices at locations where there have been six false alarms within a continuous 12-month period at that location. A written notification will be provided to the alarm system monitoring company, alarm system user, or the nonmonitored alarm system user, providing advanced notice of such nonresponse status. (Ord. 2004-286 § 2).
8.05.110 Suspension or revocation.
The director shall have the power and authority to suspend or revoke any license issued under the provisions of this chapter. The director shall notify the licensee, in writing by ordinary mail, of the suspension or revocation of the license and the grounds therefor. Any license issued, or application therefor, under this chapter may be denied, suspended, or revoked based upon any violation of this chapter. The director shall also immediately notify the police department of the revocation, and no police response may be made to any alarm devices monitored by the alarm system operator until all suspended or revoked licenses are reinstated. No suspended or revoked license may be reinstated without prior payment of all license and alarm response fees due and outstanding. (Ord. 2004-286 § 2).
8.05.120 False alarm response fee.
A. Alarm system operators shall be assessed a false alarm response fee for each police response to a false monitored alarm which is registered to the alarm system operator. A $50.00 fee shall be assessed if the responding units are canceled prior to arrival at the scene.
B. No license hereunder shall be granted or renewed under this chapter unless all assessed false alarm response fees are paid in full. Licensees who fail to pay assessed response fees within 45 days may have all licenses suspended by the director. Licensees who fail to pay assessed response fees within 60 days may have all licenses and registration revoked by the director.
C. Any license suspended or revoked by the director shall not be reinstated without payment of all outstanding balances for licenses and false alarm response fees.
D. If an alarm monitoring company calls in an alarm for the police to respond to and that residence is not registered, the city shall charge the alarm monitoring company a fine of $250.00 for failing to register their system subscriber with the city. (Ord. 2004-286 § 2).
8.05.130 Fees.
The license fees for the various classes of licenses shall be and are hereby fixed as follows:
Alarm System Operator License
For one to 100 devices
$100.00 per annum
For 101 to 200 devices
$200.00 per annum
For 201 to 500 devices
$400.00 per annum
For 501 or more devices
$500.00 per annum
Monitored Alarm Device License
$40.00 per annum (per device)
Pro-rated fees to be charged quarterly for periods of less than a year as follows:
Alarm devices installed January 1st to March 31st
$30.00 per device
Alarm devices installed April 1st to June 30th
$20.00 per device
Alarm devices installed July 1st to September 30th
$10.00 per device
False Alarm Service Fee
$75.00 per occurrence
Call for Cancellation Fee
$50.00 per occurrence
(Ord. 2004-286 § 2).
8.05.140 Method of payment.
A. Device License Fees. Except for the initial compliance period set forth in NMC 8.05.240, the fees for monitored alarm devices shall be payable in advance by the alarm system operator on an annual basis with quarterly adjustments for additional devices. Annual device licenses expire as of December 31st in the calendar year in which they were issued and must be renewed by January 31st of the next year in order to avoid suspension or revocation of license.
1. The initial device license fees shall be payable on or before January 31st of the annual period for which fees are due. At the time of payment of the annual fee, each alarm system operator shall provide, in the format specified by the director (e.g., an Excel spreadsheet), a list of all addresses at which monitored alarms are installed, the name of the corresponding subscriber, and the number of devices at such address.
2. Each alarm system operator shall provide quarterly, in the format specified by the director (e.g., an Excel spreadsheet), a list of all additional addresses at which monitored alarms were installed during such quarter, the name of the corresponding subscriber, and the number of devices at such address. The director shall assess each alarm system operator for each additional device and such assessment shall be due and payable no later than the last day of the month following the end of the quarter.
B. Alarm System Operator’s License. Except for the initial compliance period set forth in NMC 8.05.240, the alarm system operator’s license is payable on an annual basis. The license fee shall be payable on or before December 31st of the year preceding the beginning of the annual period for which the license fee is due. The alarm system operator’s license expires as of December 31st in the calendar year in which it is issued and must be renewed by January 31st of the next year in order to avoid penalty.
C. False Alarm Service Fees. The false alarm service fees imposed by this chapter shall be due and payable within 30 days of the date they are billed to the alarm system operator, and remittance shall be made on or before such date. (Ord. 2004-286 § 2).
8.05.150 Heat detectors required.
In all newly constructed buildings or structures other than single-family/duplex residences or accessory buildings, heat detectors shall be installed in all common areas over 150 square feet in floor area, such as recreation rooms, assembly rooms, classrooms, storage rooms, laundry rooms, furnace rooms and similar areas. (Ord. 2004-286 § 2).
8.05.160 Smoke detectors required.
Smoke detectors shall be installed in all locations required by the Uniform Fire Code and Uniform Building Code, and in all newly constructed heated structures, and heated structures having tenant improvements, over 150 square feet in floor area. Except in Group R, Division 3 (single-family/duplex residences) and Group U occupancies (accessory buildings to single-family/duplex residences), activation of any alarm shall immediately sound an alarm in the building and at a constantly supervised location from which the dispatch center is notified. In Group R, Division 3 occupancies activation of any alarm shall immediately sound an alarm in the building. (Ord. 2004-286 § 2).
8.05.170 Fire sprinkler flow alarms required.
All automatic fire sprinkler systems shall be equipped with a flow switch, which is connected to an alarm system. Activation of sprinkler system shall immediately sound an alarm in the building and at a constantly supervised location from which dispatch center is notified. (Ord. 2004-286 § 2).
8.05.180 No administrative appeal.
There shall be no administrative appeal if a person or an alarm system monitoring company is aggrieved by the city’s denial, revocation, or suspension of a license issued pursuant to this chapter, or its decision on a false alarm response fee, call cancellation fee, or failure to register an alarm system fee. (Ord. 2005-315 § 1; Ord. 2005-310 § 1; Ord. 2004-286 § 2).
8.05.190 Penalties.
Except as otherwise provided in this chapter, the violation of or failure to comply with any provisions of this chapter shall be a civil infraction and shall be punished pursuant to the general penalty provisions of Chapter 1.10 NMC. For the purposes of this chapter, each day or portion of a day that a violation of any provisions of this chapter occurs or continues to occur shall constitute a separate offense and the monetary penalties shall accumulate. (Ord. 2005-310 § 2; Ord. 2004-286 § 2).
8.05.200 Mailing of notices.
Any notice required by this chapter to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the licensee to inform the director in writing about a change in address. (Ord. 2004-286 § 2).
8.05.210 Duty to supply ordinances and information to system subscribers.
A. All persons licensed pursuant to this chapter shall supply each of their system subscribers with copies of all current ordinances pertaining to alarms and a copy of the licensee’s policies and practices with respect to billing a system subscriber for any fees or licenses established by this or any other chapter of the Newcastle Municipal Code.
B. All persons licensed pursuant to this chapter shall notify each of their system subscribers of the revocation or suspension of any license issued by the city of Newcastle. The notice shall be in writing and shall be mailed to all system subscribers no later than the tenth calendar day following such suspension or revocation.
C. Failure to comply with the notice requirements set forth herein shall constitute separate and independent grounds for imposition of penalties as provided herein and for suspension and revocation of any license(s) issued by the city of Newcastle. (Ord. 2004-286 § 2).
8.05.220 Severability.
If any provision, section, or part of this chapter shall be held invalid or its application to any person or circumstance is held invalid, all other parts, provisions, and sections of this chapter or the application to other persons or circumstances shall not be affected. (Ord. 2004-286 § 2).
8.05.230 Effective date.
This chapter shall take effect January 1, 2005. (Ord. 2004-286 § 2).
8.05.240 Initial compliance date.
All persons subject to this chapter shall have until March 31, 2005, to obtain all required and applicable licenses and pay all related fees, and to pay false alarm response fees accrued through March 31, 2005. Fees for the initial compliance period shall be computed from and paid for the period beginning January 1, 2005. (Ord. 2004-286 § 2).
8.05.250 Short title.
This chapter shall be known as the alarm devices code and may be cited as such. (Ord. 2004-286 § 2).
Chapter 8.10
PUBLIC NUISANCE ABATEMENTSections:
8.10.010 Definitions.
8.10.020 Prohibited conduct.
8.10.030 Types of nuisances.
8.10.040 Violation – Penalty.
8.10.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the director determines is necessary in the interest of general health, safety and welfare of the community.
B. “Director” means the director of the department of planning and community development or an alternate.
C. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
D. “Person” means an individual firm, association, partnership, corporation or any other entity, public or private.
E. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland. (Ord. 38 § 1, 1994).
8.10.020 Prohibited conduct.
It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in NMC 8.10.030 to be a public nuisance. (Ord. 38 § 2, 1994).
8.10.030 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to the city’s enforcement ordinance:
A. The existence of any trash, dirt, filth, the carcass of any animal, accumulation of yard trimmings or other matter which is offensive to a reasonable person; except for such yard debris that is properly contained for the purpose of composting; or
B. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles, or
2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous, or
3. Any accumulation of material including, but not limited to bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials on any premises, which not properly stored or neatly piled is offensive to a reasonable person, or in which flies or rats may breed or multiply; or
C. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a fallen, decayed or other dilapidated or unsafe condition; or
D. The existence of wrecked or disassembled vehicles, including trailers, house trailers, boats, tractors or other vehicle, wrecked or disassembled appliances or machinery of any kind, or any major parts thereof; or
E. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or
F. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance. (Ord. 38 § 3, 1994).
8.10.040 Violation – Penalty.
A. Any violation of any provision of this chapter constitutes a civil violation under the city’s enforcement ordinance for which a monetary penalty may be assessed and abatement may be required as provided therein.
B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor in accordance with Chapter 1.10 NMC. (Ord. 38 § 4, 1994).
Chapter 8.15
FIREWORKSSections:
Article I. Manufacture, Possession, Storage, Sale, Transportation and Use of Fireworks
8.15.010 Scope.
8.15.020 Definitions.
8.15.030 Permits.
8.15.040 Authority to issue permits – Enforcement.
8.15.050 Legal fireworks.
8.15.060 Retail sales and discharge of fireworks.
8.15.070 Operation of retail outlets.
8.15.080 Public display of fireworks.
8.15.090 Prohibited acts.
8.15.100 Seizure of fireworks.
8.15.110 Penalty for violations.
8.15.120 Violation a separate, continuing offense.
Article II. Sale and Discharge of Fireworks – Public Displays
8.15.130 Definitions.
8.15.140 Sale of fireworks unlawful.
8.15.150 Possession, use and discharge of fireworks unlawful.
8.15.160 Permit required to display fireworks.
8.15.170 Permit fees.
8.15.180 Issuance – Nontransferable – Voiding.
8.15.190 Application for public display permit.
8.15.200 Standards for public fireworks.
8.15.210 Use of fireworks in public parks and on public land.
8.15.220 Special effects for entertainment media.
8.15.230 Nonprohibited acts – Signal purposes, forest protection.
8.15.240 Construction.
8.15.250 Enforcement.
Article I. Manufacture, Possession, Storage, Sale, Transportation and Use of Fireworks
8.15.010 Scope.
This article shall apply to the manufacture, possession, storage, sale, transportation and use of fireworks. Nothing in this article shall be construed to prohibit:
A. The use of fireworks:
1. By railroads or other transportation agencies for signal or illumination purposes;
2. For signal purposes in athletics or sports; or
3. By military organizations.
B. The sale and use of hand-held sparklers and toy caps generally, and blank cartridges for show or theater. (Ord. 39 § 1, 1994).
8.15.020 Definitions.
A. “Common fireworks” (also known as “consumer fireworks” under Chapter 70.77 RCW), means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 CFR Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 CFR Section 172.101 as of the effective date of the ordinance codified in this section, and not including fused set-pieces containing components which together exceed 50 mg of salute powder. The term includes ground and hand-held sparkling devices, including items generically described in Chapter 212-17 WAC and commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers; smoke devices; helicopters; aerials; spinners; roman candles; mines and shells; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.
B. “Fire marshal” is the official serving as fire marshal for the city.
C. “Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic, common fireworks (also known as consumer fireworks) or special fireworks (also known as display fireworks).
D. “Manufacturer” means any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device, but does not include any person who assembles or fabricates sets or mechanical pieces in public displays of fireworks.
E. “Permit” means the official permission granted for the purpose of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged or used.
F. “Person” means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, fair or any other group or combination acting as a unit.
G. “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
H. “Retailer” means any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.
I. “Special fireworks” (also known as “display fireworks” under Chapter 70.77 RCW) means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “common fireworks” fireworks and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 CFR Section 172.101 as of the effective date of the ordinance codified in this section, and including fused set-pieces containing components which exceed 50 mg of salute powder. The term includes:
1. Fireworks generically described in Chapter 212-17 WAC and commonly known as sky rockets, missile-type rockets, firecrackers, salutes and chasers; and
2. Fireworks which are not classified as common fireworks.
J. “Wholesaler” means any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees. (Ord. 2002-260 § 1; Ord. 39 § 2, 1994).
8.15.030 Permits.
A. Permits shall be obtained:
1. To store fireworks in any amount of any type; provided, that storage of common fireworks, up to 30 pounds gross weight, shall be allowed in private residences during the sale and use period established by state law;
2. To possess, manufacture, offer to sell, or sell fireworks at wholesale or retail for any use; provided that persons may possess common fireworks lawfully purchased at retail;
3. To conduct a public display of fireworks;
4. To discharge special fireworks;
5. To use or discharge fireworks inside a structure;
6. By religious organizations, private organizations or persons to purchase, use or discharge common fireworks and audible ground devices such as firecrackers, salutes and chasers, in connection with religious or specific purposes; provided, that there shall be no permit fee, and that such common fireworks and audible ground devices shall be used on prescribed dates at prescribed times and locations; and
7. To transport any fireworks; provided, that transportation by a public carrier to a licensee, transportation by a state fireworks license holder or state licensed pyrotechnician, or transportation of common fireworks lawfully purchased at retail in a private passenger vehicle, shall not require a permit.
B. The fire marshal may waive or reduce in writing the insurance requirements of this article when appropriate.
C. No person under 18 years of age may apply for or receive a permit.
D. An application for a permit shall be made in writing to the fire marshal, who shall investigate the application pursuant to RCW 70.77.265 or 70.77.280 in the case of proposed public displays of fireworks. Permits for retail sales and public display of fireworks shall be granted within 15 days of the application. After a permit is granted, transportation, storage, discharge, sale, possession, use and distribution of fireworks shall be lawful only for the purpose stated on the permit. No permit shall be transferable.
E. Unless provided otherwise in this article, the permit applicant shall provide a certificate of insurance evidencing a comprehensive general liability insurance policy providing limits of $1,000,000, combined single limit, per occurrence and annual aggregate, and naming the city as an additional insured. Any such insurance policy must be approved by the fire marshal.
F. A permit shall not be denied unless the application fails to meet the provisions of this article.
G. In the event of drought or other fire hazard conditions that pose a threat to the public health, safety and welfare, the city manager may, by order, declare an emergency and prohibit the sale or use of fireworks for that immediate year or until such conditions no longer exist. (Ord. 39 § 3, 1994).
8.15.040 Authority to issue permits – Enforcement.
A. The city council hereby delegates the power to grant all permits to the fire marshal. As a condition of any permit, the fire marshal may specify additional safeguards as necessary to provide for the public safety. The fire marshal shall investigate all permit applications to determine potential hazard to property or individuals and shall file a written report upon denial of a permit. The reports shall be retained in the office of the fire marshal and shall be available for review by the hearing examiner.
B. The fire marshal, or the duly authorized representative, is designated as the enforcing officer of this article. In addition to all the grounds for revocation of a permit set forth in this article, any failure or refusal on the part of any person holding a permit issued under this article, or any person employed by the permit holder, to obey any rule, regulation or request of the fire marshal, or the duly authorized representative, concerning the manufacture, storage, use, sale or display of fireworks, is a violation of this article and grounds for revocation of the permit.
C. The fire marshal shall have the authority to request the assistance of the city police in enforcing the provisions of this article.
D. Unless provided otherwise in this article, the city council designates the hearing examiner to hear on its behalf, all appeals from decisions of the fire marshal within seven days of any decision so appealed. The decision of the hearing examiner shall be final unless appealed to a court of competent jurisdiction within 14 days after a final order is issued. (Ord. 39 § 4, 1994).
8.15.050 Legal fireworks.
A. Common fireworks are legal for sale, possession and use within the city as set forth in this article.
B. Fireworks which are not common fireworks are prohibited for sale, possession, discharge, storage, or use within the city unless the fire marshal has issued a permit for such purpose. (Ord. 39 § 5, 1994).
8.15.060 Retail sales and discharge of fireworks.
A. Only common fireworks are legal for sale to any person a minimum of 16 years of age or to youths in the presence of a parent or guardian. Proof of age and identification shall be a valid driver’s license or an identification card of a state, federal or foreign government. Forms of identification must have a picture.
B. The sale, possession, use or discharge of any fireworks prior to noon on June 28th or after 11:00 p.m. on July 4th of each year is prohibited except where authorized by the fire marshal or exempted under this article.
The purchase and sale of fireworks prior to noon on December 27th or after 11:00 p.m. on December 31st is prohibited.
1. No common fireworks may be sold or purchased except between the following hours and dates:
June 28th
12:00 noon to 11:00 p.m.
June 29th – July 4th
9:00 a.m. to 11:00 p.m.
2. No common fireworks may be used or discharged except as follows:
July 4th
9:00 a.m. to 12:00 midnight
December 31st
6:00 p.m. to 12:00 midnight
January 1st
12:00 a.m. to 1:00 a.m.
3. Consistent with RCW 70.77.395(3), the city hereby prohibits: (i) the sale or purchase of common fireworks on December 27, 2002 through December 31, 2002, which shall become effective upon the effective date of Ordinance No. 2002-260 (August 15, 2002).
4. Consistent with RCW 70.77.395(3), the city hereby prohibits: (i) the use or discharge of common fireworks on June 28th through July 3rd of each year; (ii) the sale, purchase use and discharge of common fireworks on July 5th of each year; (iii) the sale or purchase of common fireworks on December 27th through December 31st of each year (after 2002). Pursuant to RCW 70.77.250(4) the prohibition articulated in this subsection shall not be effective sooner than one year after the effective date of Ordinance No. 2002-260 (August 15, 2002).
C. Only common fireworks may be sold at retail stands.
D. A permit for the retail sale of fireworks issued by the fire marshal must be prominently displayed at the sales location.
E. Retail operators applying for a permit from the fire marshal shall submit a copy of their state retailers license authorizing the holder to engage in the fireworks business. Each permit application must be accompanied by a certificate of insurance as described in this article.
F. A cash deposit in the amount of $150.00 shall be posted with the fire marshal at least 30 days in advance of the initial sales date to provide for costs of site cleanup. The deposit shall be forfeited to the city if the operator fails to perform the cleanup by July 10th of the permit year. If the operator properly performs the cleanup, the deposit shall be returned to the operator within 14 business days.
G. The annual permit fee for the retail sale of common fireworks shall be the maximum authorized the laws of the state of Washington, payable in advance to the city.
H. Only one permit per year for the retail sale of fireworks shall be issued to any person and that permit shall entitle the permittee to maintain one retail outlet. (Ord. 2002-260 § 2; Ord. 39 § 6, 1994).
8.15.070 Operation of retail outlets.
A. The permittee’s location or place of business, if a temporary fireworks stand, shall be only in those areas or zones within the city limits that have been approved by the fire marshal, or the duly authorized representative.
B. When the sale of fireworks is from a temporary fireworks stand, the stand shall conform to the following minimum standards and conditions:
1. The stand shall be erected in a safe manner under the supervision of the fire marshal, or the duly authorized representative; provided, that the stand need not comply with all provisions of the city’s building code;
2. Any electrical wiring shall conform to the city’s electrical code;
3. The stand shall not have a heating unit or device with a surface temperature capable of igniting fireworks, or an open flame;
4. The stand shall not be located within 25 feet of any public or private street, alley, lane, or any other vehicular driving surface, 50 feet of any building or structure, or 100 feet of any gasoline dispensing pump or any tank where flammable liquids or flammable gases are stored;
5. There shall be no vehicle parking within 25 feet of the stand, including curbside parking, and such area shall be roped or barricaded to prevent such parking;
6. There shall be no smoking in the stand or within 25 feet of the stand. “NO SMOKING” signs, having lettering at least two inches in height, shall be posted in a conspicuous location on all four sides of the stand;
7. There shall be no discharge of fireworks within 300 feet of the stand. Signs to this effect shall be posted conspicuously at the stand;
8. The area around the stands shall be completely free of hazardous accumulations, including dry grass, brush, or debris of any nature, for a distance of not less than 25 feet on all sides;
9. The stand must have at least two exits, located remotely from each other, which shall be unobstructed at all times;
10. The stand shall have in a readily accessible location not less than two 2A-rated fire extinguishers (two and one-half gallon water). Such extinguishers shall be UL approved;
11. The stand shall be under the direct supervision of a competent adult person, 18 years of age or older. No person under the age of 16 shall be allowed in the stand during business hours;
12. Fireworks may be left in the stand at night if it is locked and guarded. The guard shall not stay within the stand;
13. Fireworks removed from the stand at night shall be stored in an approved storage location. The storage location shall be approved in advance by the fire marshal;
14. All unsold stock and accompanying litter shall be removed from the stand by 12:00 noon on July 10th of the permit year;
15. Customers shall not be permitted inside the stand;
16. The stand must be located either at least 300 feet from another fireworks stand or separated from another stand by a major arterial thoroughfare at least 100 feet in width;
17. The sale of fireworks to persons under the age of 16 years without the presence of a parent or guardian is prohibited. A sign to this effect shall be posted conspicuously on the stand. Sellers shall require proof of age by means of display of a driver’s license or photo identification card showing date of birth issued by a state, federal or foreign government. No other forms of identification shall be accepted; and
18. The stand shall prominently post a list of fireworks that may be sold to the public and stating the lawful hours for discharge. The fire marshal shall provide a copy of such notice with the issuance of a retail permit. (Ord. 39 § 7, 1994).
8.15.080 Public display of fireworks.
A. Any person desiring to give a public display of fireworks shall submit a written application for a permit to operate the public display to the fire marshal. The application shall set forth:
1. The name of the organization sponsoring the display, together with the names of persons actually in charge of firing the display;
2. The date and time of day when the display will be held;
3. The exact location for the display;
4. The number and kind of fireworks to be discharged;
5. The manner and place of storing the fireworks prior to the display; and
6. A diagram of the grounds on which the display will be held, showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication within 200 feet of the point of discharge, and all lines or other overhead obstructions.
B. The fee for the permit shall be the maximum authorized by the laws of the state of Washington. The permit required by this section shall be in addition to the license required by the State Fire Marshal.
C. Upon receipt of the application, at least 20 days in advance of the date set for the display, the fire marshal shall investigate the site of the proposed display to determine whether the provisions of this article are met. Upon determining compliance, the fire marshal shall issue a written recommendation for or against the permit, which shall be kept on file in the fire marshal’s office and available for review by the hearing examiner. If the fire marshal finds that the permit applicant has complied with this article, the fire marshal may issue a certificate of compliance stating the display is in conformance with this article. For any scheduled public display, applicants shall submit any information as deemed appropriate by the city police to ensure that adequate traffic control and crowd protection policing has either been arranged through private security agencies or has been contracted for with the city police. A written notice that the applicant has complied with the requirement shall be issued by the chief of police before a public display permit is issued; provided, that if the applicant should contract for traffic control and crowd protection policing with the city, in no event should the sum agreed upon in payment for such policing be less than the actual expense incurred by the city in providing the service. Such consideration shall be calculated for personnel resources in the hourly rate for overtime under the current collective bargaining agreement, plus that percentage then being paid for fringe benefits, and all sums paid under such contract shall be paid in accordance with procedures specified by the city manager.
D. Every public display shall be handled by at least one state licensed operator and one assistant at least 18 years of age, and shall be so located, discharged, or fired, that, in the opinion of the fire marshal, after proper investigation, it will not constitute a hazard to property or endanger any person.
E. All fireworks must be fired under the direction of a pyrotechnician licensed by the state of Washington.
F. A bond or certificate of insurance must be furnished to the fire marshal before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability insurance policy providing limits of $1,000,000, combined single limit, per occurrence and annual aggregate, and naming the city as an additional insured. Any such bond or insurance policy must be approved by the fire marshal.
G. A cash deposit in the amount of $150.00 must be posted with the fire marshal at least 30 days in advance of the public display date to provide for costs of site cleanup. The deposit shall be forfeited to the city if the operator fails to perform such cleanup within six days of the public display. If the operator properly performs the cleanup, the deposit shall be returned to the operator within 14 business days.
H. The construction of shells for public display shall be in accordance with the National Fire Protection Association (NFPA) Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section.
I. The storage of fireworks for public display shall be in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section.
J. There shall be at least two 2A-rated fire extinguishers (two and one-half gallon water), UL approved, kept as widely separated as possible within the actual area where the discharging will occur.
K. The site preparation and crowd control for public displays shall be in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. The site shall be located so that the trajectory of shells shall not come within 50 feet of any overhead object, including but not limited to aboveground telephone, telegraph or electrical lines, trees or wooded areas.
L. The installation of mortars for public displays shall be in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section.
M. The design and use of electrical firing units for public display shall be in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section.
N. Operation of the Display and Firing of Shells.
1. The operation of public displays and the firing of shells shall be in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section.
2. Only permitted fireworks shall be authorized for use.
3. When the display is fired from a barge or vessel, a security area shall be established in conformance with the National Fire Protection Association Standard #1123, Outdoor Display of Fireworks, 1990 Edition, together with amendments contained in this section. No boats shall be allowed within this security area. A boat shall be on standby to remove personnel from the barge or water in an emergency.
4. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.
5. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city in a safe manner.
6. The debris from discharged fireworks shall be properly disposed.
7. The denial by the fire marshal of a permit for public display of fireworks may be appealed to the hearing examiner. (Ord. 39 § 8, 1994).
8.15.090 Prohibited acts.
In addition to any other acts prohibited by this article, the following acts are prohibited:
A. The discharge of fireworks in parks within the city, unless approved by the city manager and the fire marshal.
B. The discharge of fireworks inside or upon a structure unless a permit has been obtained from the fire marshal.
C. The discharge of fireworks in a manner which constitutes a hazard to persons or property.
D. The discharging or throwing of ignited fireworks from vehicles or buildings.
E. The transportation of fireworks in or upon vehicles used for mass transportation, such as buses or trains. (Ord. 39 § 9, 1994).
8.15.100 Seizure of fireworks.
A. The fire marshal shall have the authority to seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered or exposed for sale, stored, possessed or used in violation of this article.
B. Any person whose fireworks are seized under the provisions of this article may within 10 days after such seizure, petition the fire marshal in writing to return the fireworks on the grounds that such fireworks were illegally or erroneously seized. The petition shall be considered by the fire marshal within 15 days after filing or, if an oral hearing is authorized by the fire marshal, within 15 days of such hearing. The decision of the fire marshal shall be provided in writing to the petitioner. The fire marshal may order the seized fireworks to be disposed of or returned to the petitioner if illegally or erroneously seized, as long as such return is in compliance with state law and this article.
C. The determination of the fire marshal is final, unless petitioner files an appeal within 60 days in a court of competent jurisdiction.
D. If the fireworks are not returned to the petitioner or destroyed, the fire marshal shall turn all confiscated fireworks over to the state fire marshal. (Ord. 39 § 10, 1994).
8.15.110 Penalty for violations.
A. Criminal Penalty. Any violation of this article constitutes a misdemeanor.
B. Civil Penalty. As an alternative to any criminal penalty, any person who violates any provision of this article shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the fire marshal. The fire marshal, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced pursuant to the city’s enforcement ordinance. (Ord. 39 § 11, 1994).
8.15.120 Violation a separate, continuing offense.
A person commits a separate offense for each day during which he commits, continues, or permits a violation of any provision of this article. (Ord. 39 § 12, 1994).
Article II. Sale and Discharge of Fireworks – Public Displays
8.15.130 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this article, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereinafter amended are adopted by this reference and a copy of such shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following terms are defined:
“Dangerous fireworks” means any fireworks not defined as a “common fireworks” under the provisions of RCW 70.77.136. (Ord. 2006-342 § 1).
8.15.140 Sale of fireworks unlawful.
It is unlawful for any person, firm or corporation to sell any fireworks within the city; provided, that this prohibition does not apply to duly authorized public displays. (Ord. 2006-342 § 2).
8.15.150 Possession, use and discharge of fireworks unlawful.
Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person, firm, or corporation to engage in the retail sale of, or to sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city. (Ord. 2006-342 § 3).
8.15.160 Permit required to display fireworks.
It is unlawful for any person, firm or corporation 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 article. (Ord. 2006-342 § 4).
8.15.170 Permit fees.
The fee for a public display permit for the public display of fireworks shall be $100.00, payable in advance. (Ord. 2006-342 § 5).
8.15.180 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this article 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 article and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. 2006-342 § 6).
8.15.190 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or his/her duly appointed representative. Applications shall be made 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 and, in particular, shall hold a pyrotechnic operator license issued by the state of Washington as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 2006-342 § 7).
8.15.200 Standards for public fireworks.
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 chief 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, and the manner in which the fireworks are being stored prior to the public fireworks display.
C. The applicant for a public display of fireworks permit shall include with the application evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355.
D. A drawing shall be submitted with the application to the fire chief 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.
E. When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may, at the direction of the fire chief or designee, require that a Bellevue fire pumper and a minimum of three firefighters shall be on site 30 minutes prior to and after the conclusion of the display. All compensation for fire personnel and apparatus will be paid by the applicant in an amount calculated according to the Washington State Fire Chiefs Association’s fee schedule and shall be designated to the Bellevue fire department.
F. All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of 300 feet in all directions.
G. Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.
H. Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.
I. The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.
J. Areas of public access shall be determined by the fire chief or designee and maintained by the applicant in an approved manner.
K. For displays other than the 4th of July and the Newcastle Days celebration, the permit application must also include a public notification plan for affected residents. This may include newspaper, radio, and/or television announcements; door to door distribution of written announcements; reader boards and/or other methods or media. The public notification plan is subject to approval by the city manager or his or her designee. Costs associated with public notification to affected residents are to be borne by the permit applicant. (Ord. 2006-342 § 8).
8.15.210 Use of fireworks in public parks and on public land.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park owned by the city of Newcastle; provided, however, nothing herein shall be deemed to limit the authority of the city to allow event display of special fireworks under a permit issued in accordance with the provisions of this article. (Ord. 2006-342 § 9).
8.15.220 Special effects for entertainment media.
This article 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 Newcastle to purchase, possess, transport or use such fireworks. (Ord. 2006-342 § 10).
8.15.230 Nonprohibited acts – Signal purposes, forest protection.
This article 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. (Ord. 2006-342 § 11).
8.15.240 Construction.
This article 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. (Ord. 2006-342 § 12).
8.15.250 Enforcement.
The fire marshal or designee is authorized to enforce all provisions of this article and, in addition to criminal sanctions or civil remedies, he/she may revoke any permit issued pursuant to this article 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 code relating to temporary structures. (Ord. 2006-342 § 13).
Chapter 8.20
BLASTING PERMITSSections:
8.20.010 Definitions – Adoption by reference.
8.20.020 Permit required.
8.20.030 Application – Contents.
8.20.040 Fee.
8.20.050 Liability insurance required.
8.20.060 Revocation.
8.20.070 Appeal of denial or revocation.
8.20.080 No assumption of liability.
8.20.090 Transportation of explosives – Transportation plan.
8.20.100 Storage of explosives prohibited.
8.20.110 Use of explosives.
8.20.120 Penalties.
8.20.010 Definitions – Adoption by reference.
A. The definitions set forth in WAC 296-52-417, and any amendments thereto, are adopted by reference.
B. The definitions set forth in the Uniform Fire Code Article 77, Explosive Materials, and any amendments thereto, are adopted by reference.
C. The definitions set forth in National Fire Protection Association 495, Explosive Materials Code, and any amendments thereto, are adopted by reference.
D. Whenever any conflict exists between definitions in the referenced codes, the most restrictive definition shall apply. Whenever any conflict exists between the substantive provision of this chapter and those of the above-referenced codes, the more restrictive provision shall apply. (Ord. 2002-261 § 1).
8.20.020 Permit required.
A. No person, company or corporation shall be in possession of explosive materials, or conduct an operation or activity requiring the use of explosive materials, or perform, order or supervise the loading and firing of explosive materials without a current and valid blasting permit issued by the city. This chapter shall not apply to those exemptions listed in RCW 70.74.191, as may be amended, and WAC 296-52-401(3) through (4), as may be amended.
B. Explosive materials shall not be transported, sold, given, delivered or transferred to anyone in the city not in possession of a valid blasting permit.
C. A blasting permit is required for every individual project requiring blasting.
D. A permit issued under this chapter to any person, company or corporation is nontransferable to any other person, company or corporation and shall be issued for a period not to exceed one year (12 months from the date of issuance) subject to annual review for extensions.
E. All federal, state and city laws and regulations applicable to obtaining, owning, transporting, storing, handling and using explosive materials shall be followed and be a condition of all blasting permits issued by the city.
F. Blasting permits will be subject to review and approval by the fire marshal and community development director, or their designees. (Ord. 2002-261 § 1).
8.20.030 Application – Contents.
The city shall have power and authority to issue a permit for blasting but before doing so shall require the person, company or corporation to whom the permit is to be issued to file an application, which shall include the following:
A. A completed application form provided by the city specifying the name and address of the person, company or corporation applying for the permit, and the name and address of the blaster or of the person who will actually supervise the blasting.
B. A current and valid Certificate of Possession for Explosives issued by the Washington State Department of Labor and Industries to one or more individuals employed in the work for which the blasting permit is sought.
C. A transportation plan as hereinafter provided.
D. A blasting plan as hereinafter provided.
E. A traffic control plan as hereinafter provided.
F. A pre-blast notification plan as hereinafter provided.
G. A city of Newcastle business license. (Ord. 2002-261 § 1).
8.20.040 Fee.
A. A permit fee, valid for a maximum 12-month period, in the amount of $250.00 plus costs will be assessed for each permit issued and extension thereafter.
B. The applicant will be notified and will receive an invoice for the plus cost charges. That invoice shall be paid within 10 days of the date of the notification or the city shall discontinue processing the application or, in the case of an already issued blasting permit, shall suspend the effectiveness of the blasting permit until the invoice is paid in full. The city shall not issue final approvals or building permits until all blasting fees and charges are paid. (Ord. 2002-261 § 1).
8.20.050 Liability insurance required.
A. The city, before issuing a permit for blasting, shall require the person, company or corporation to whom the permit is issued to execute and deliver a certificate of liability insurance to include X, C, U coverage in a form to be approved by the city in an amount not less than $2,000,000, or in such additional amount as may be reasonable under all of the circumstances then existing as determined by the city. The amount of insurance to be required shall be increased proportionately based upon the proximity of the proposed blasting site to utilities, infrastructure, residences and other property that could be damaged. The certificate of insurance shall state on its face that the underlying liability insurance policy includes coverage for indemnification. An indemnification agreement, in a form acceptable to the city attorney, shall be executed by the applicant.
B. The certificate of insurance shall also state that the insurance company must give the city a minimum of 30 days’ notice of cancellation of the required liability insurance coverage.
C. The city shall have the power and authority to limit the level of blasting and, after examining all of the pertinent circumstances surrounding the proposed blasting, if it is deemed to be in the public interest, may then refuse to issue such permit, or in the case of a previously issued permit, may suspend or revoke the permit. (Ord. 2002-261 § 1).
8.20.060 Revocation.
The city shall have the power to revoke any permit issued under this chapter for failure to comply with any of the provisions of this chapter, any of the provisions of Chapter 296-52 WAC, or for any other reasonable cause. (Ord. 2002-261 § 1).
8.20.070 Appeal of denial or revocation.
Any person, company or corporation who makes application for a blasting permit under this chapter and whose application is denied, suspended or revoked by the city pursuant to this chapter may, within 10 days after the denial, suspension or revocation, file a written notice of appeal to the hearing examiner, in the same manner as set forth in NMC 4.15.060. Sixty days after the city’s receipt of the written appeal, the hearing examiner shall hold a hearing on the appeal, and shall have the same powers and duties as enumerated in Chapter 2.20 NMC and NMC 4.15.060. The parties shall have the same rights as set forth in NMC 4.15.060(C). The hearing examiner’s decision shall be the final decision, but may be appealed to superior court pursuant to Chapter 36.70C RCW. (Ord. 2002-261 § 1).
8.20.080 No assumption of liability.
A. By the passage of the ordinance codified in this chapter or the issuance of any permit under this chapter, the city assumes no responsibility for any damage caused by the person, company or corporation blasting within the city.
B. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. It is the intent of this chapter to place the obligation of complying with its requirements upon the applicant for a blasting permit. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 2002-261 § 1).
8.20.090 Transportation of explosives – Transportation plan.
Transportation vehicles, and the operation of transportation vehicles, must comply with federal and state regulations for motor transport of explosive materials. A plan that addresses the transportation of explosive materials within the city must be included with the application for blasting permit. The transportation plan must detail the following information:
A. Route used for deliveries and returns;
B. Hours of transportation;
C. Maximum quantities of explosives being transported, and the identification of the types of explosives being transported; and
D. Types of transportation vehicles being used. (Ord. 2002-261 § 1).
8.20.100 Storage of explosives prohibited.
A. No overnight storage of explosive materials is permitted within the city limits. Blast holes loaded with explosives are to be shot on the day they are loaded.
B. The required method of handling explosives in the city is as follows:
1. Delivery;
2. Standby during loading; and
3. Return of all unused explosive materials used in blasting. (Ord. 2002-261 § 1).
8.20.110 Use of explosives.
The use of explosives within the city must comply with federal and state regulations concerning the use of explosives, including, but not limited to, Chapter 70.74 RCW and WAC 296-52-437 and 296-52-493.
A. Blasting Plan. A blasting plan for each discrete project requiring the use of explosives shall be submitted to and approved by the city prior to the issuance of a blasting permit. The plan shall be accompanied by additional documentation (e.g., maps, site plans and excavation drawings) in order to detail the proposed blasting operation. The plan shall include:
1. The location where the blasting is to occur;
2. The approximate total volume of material to be blasted;
3. The incremental volumes, per blast, of material to be blasted;
4. The types and packaging of explosive materials to be used;
5. The drill hole diameters, depths, patterns, sub-drilling depths and drill hole orientations to be used;
6. The initiation system, the incremental delay times and the location of the primers in the explosive column;
7. The stemming depths and stemming material for the various estimated depths of drill holes to be blasted;
8. The approximate powder factors anticipated;
9. The fly-rock control procedures and equipment, if any, to be used;
10. The maximum number of blasts to be made in any one day;
11. The blast warning sound system and equipment to be used; and
12. The scheduled start date and finish date of blasting operations.
B. Traffic Control Plan. A traffic control plan acceptable to the city detailing signing, flagging, temporary road closures and detour routes for blasting operations must be filed prior to the issuance of a blasting permit. If any road closures are proposed, the traffic control plan must account for school bus schedules and shall not delay school buses on regularly scheduled routes.
C. Pre-Blast Notification Plan. A plan outlining a program of pre-blast public notifications, structural inspections and blast effect monitoring within a specified distance of the blasting is required prior to the issuance of a blasting permit.
1. The distances from the blasting within which the (a) notification, (b) pre-blast structural inspection, and (c) blast monitoring are required and shall be determined by the scaled distance formulas set forth below. No blasting will be permitted until the notification and inspection requirements are completed.
a. Distance from the blast within which notification of all occupied structures is required: Da = 90/w.
b. Distance from the blast within which inspection of all occupied structures is required: Db = 75/w.
c. Distance from the blast within which monitoring of selected structures is required: Dc = 60/w.
2. In the scaled distance formulas (noted above), Da, Db, and Dc are the actual distances in feet from the closest point in the blast. “/w” is the square root of the maximum weight of the explosives in pounds detonated with a minimum eight millisecond separation from another detonation event in a sequentially delayed blast.
3. Notification Letter. The pre-blast notification shall consist of a letter advising all residents within a specified distance of the blasts of the character and intent of the blasting program, its anticipated impact on local residents, the proposed duration of blasting activities and providing telephone numbers for public contact. Distribution of this notification shall be made a minimum of seven days prior to the start of blasting.
4. Pre-Blast Inspection. A pre-blast inspection of residents’ property shall be offered to all residents within the specified distance of the blasting at the permit holder’s expense and done by a qualified third party who is not an employee of the contractor. A copy of the individual inspection reports and a log of all photos taken are to be provided to the city. Where inspections are disallowed by the resident or not possible for other reasons, a certified letter shall be sent to the occupant/owner at the unsurveyed address advising them of their right to a pre-blast inspection and the possible consequences of denying an inspection.
5. The pre-blast inspection program for residences within the specified distance shall be completed two days prior to the start of blasting with notification to the director of community development and fire marshal, or their designees.
D. Blast Plan Compliance Inspections. Blast plan compliance inspections are required for every blast until the operator can demonstrate an ability to safely blast in conformance to the blast plan and control the extraneous effects of blasting such as fly-rock, noise/air blast and ground vibration. If more than two blasting inspections are required, an additional fee of $2,000 per blast will be assessed.
E. Post-Blast Inspection. Building owners may request an inspection of their property if, following a blast, they feel damage has occurred to their property because of the blasting. This request may be made regardless of scaled distance formula criteria given in subsection (C) of this section. This inspection is to be made by an operator’s representative within 15 days of the request. If no agreement is arrived at between the operator and property owner, the city, upon request by the operator or the property owner, shall arrange to have a qualified third party do an inspection and submit a timely report to all parties concerned. The cost of the inspection will be borne equally between the affected party and the blasting contractor. The report will be provided to both parties and the city.
F. Monitoring. All blasts are to be monitored using blast-monitored equipment designed for that purpose and carrying a certificate of calibration dated within the current calendar year. The blast monitors shall record peak particle velocity and frequency in three orthogonal directions and air over pressure in dBL. For shots in which the pounds detonated per eight millisecond time increment are less than 10 pounds, one blast monitor is required. When 10 or more pounds are detonated per eight millisecond time interval, two blast monitors are required. All blasting-monitoring records are to be signed and submitted to the city within 24 hours of each blast.
G. Maximum Peak Particle Velocity. The maximum peak particle velocity in any seismic trace at the dominant frequency to be allowed on any residential, business or public structure. Exhibit A, attached to the ordinance codified in this chapter and incorporated by reference, contains a chart that has been modified from the U.S. Department of Interior Blasting Guidance Manual 8507. In this chart, “Category I” is for use by operations using explosives on a continuing basis, i.e., mining, quarry or any blasting that is required for more than 30 days’ duration. “Category II” is for operations using explosives on a transient or short-term basis, i.e., less than 30 days in any area, such as utility trenching, road grading or site grading.
H. Air Blast. The maximum air blast over pressure permitted at the closest residential, business or public structure designed for human occupancy is not to exceed 133 dBL @ 2.0 Hz hi pass system per the USMB RI 8485.
I. Utilities. Whenever blasting is being conducted in close proximity to or under existing utilities, the utility owner shall be notified a minimum of 24 hours in advance of blasting.
J. Shot Report. A signed shot report on a form approved by the fire marshal, community development director or their designee shall be filed with the city within 24 hours of making the blast. The report shall include the following blast information:
1. Date, time and location of shot;
2. Number of drill holes;
3. Maximum, minimum and average drill hole depth;
4. Drill hole diameter;
5. Sub-drill depth;
6. Total pounds of each type of explosive used;
7. A drill hole section schematic showing the loading of a typical hole;
8. Amount and type of stemming material;
9. Schematic showing drill hole pattern;
10. Initiation delay sequence;
11. Maximum pounds of explosives detonated in any eight millisecond time interval;
12. Type and size of any fly-rock protection devices used if any; and
13. Comments regarding the outcomes of the blast.
K. The city shall be notified: (1) immediately of any blasting accident, and (2) within 24 hours by the permittee of any incident, damage claim or neighbor annoyance report brought to the permittee’s attention. (Ord. 2002-261 § 1).
8.20.120 Penalties.
Any person violating any provision of this chapter shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by imprisonment for a maximum term of not more than a year or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine. A person shall be guilty of separate offenses for each and every day during which any violation of the provisions of this chapter is committed. (Ord. 2002-261 § 1).
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