3.16.015 Adoption of the State Fireworks Law – Prohibition on Sale and Discharge of Consumer Fireworks, Permit fees and permits.
(1) The State Fireworks Law, RCW Chapter 70.77 as it now exists or is hereafter amended, is adopted by this reference as if set forth in full, except as amended by this ordinance.
(2) The City Council is authorized to set local permit fees by resolution for activities for which a permit is required under the State Fireworks Law and to impose limitations on the days and times for the public display of fireworks and sale or discharge of fireworks.
(3) A person needs a city permit to:
(a) Make a public display of fireworks;
(b) Establish or maintain a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged;
(c) The assembling, compounding, use or display of articles pyrotechnic;
(d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives as defined under RCW 70.74.010, that are not fireworks, as defined in Chapter 70.77 RCW.
(4) Exception. The sale, possession, or use of trick and novelty devices (as defined by WAC 212-17-030), are exempted from this chapter.
(5) Permits and Fees for Public Display or Retail Sale of Fireworks.
(a) Application for all local fireworks permits required by the state fireworks law, Chapter 70.77 RCW shall be made to the fire chief. The City Council delegates the authority to grant all local fireworks permits to the fire chief. The fee for such permits shall be established by city council resolution, which amount covers the city’s administrative costs for permit processing, issuance, and inspection. Pursuant to RCW 70.77.555, this permit fee and the costs for all needed permits and local licenses from application to and through processing, issuance and inspection shall not exceed one hundred dollars ($100) for any one (1) year, except that the fees for permits for public displays of fireworks will not exceed five thousand dollars ($5000) for any one permit.
(b) After review and investigation of applications for any permit, the fire chief may grant, deny or grant with reasonable conditions the permit provided, however, that any such permit for a public display of fireworks shall only be issued for
(i) the discharge of fireworks related to fourth of July ceremonies; or
(ii) Washington State University officially sanctioned activities; or
(iii) New Year’s Eve celebrations.
The issuance of a permit for a public display of fireworks for a time or purpose different than stated herein is not permitted unless approved by the city council following consideration of the review, investigation and recommendation of the fire chief.
(c) Non-transferability of Permit. Each permit issued by the City for the Public Display of Fireworks pursuant to this chapter shall be valid for the specific authorized event only, shall be used only by the designated permitee and shall be non-transferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted.
(6) Permits for Articles Pyrotechnic. The assembling, compounding, use, and the display of articles pyrotechnic for special effects in the production of motion pictures, radio or television productions, or of a live entertainment, or other authorized activity shall be under the direction and control of a pyrotechnic operator licensed by the state of Washington and who possesses a valid permit from the city. The fire chief shall investigate all applications for the use of articles pyrotechnic to determine whether the character and location of such use would be hazardous to property or dangerous to any person. The fire chief may condition the grant of a permit upon the applicant’s demonstration of financial responsibility for all damages to persons or property resulting from or caused by such articles pyrotechnic, or any negligence on the part of applicant or its agents, servants, employees or subcontractors in the use or control of the articles pyrotechnic. Such financial responsibility requirements may be met by the provision of a bond or certificate of insurance as evidence of the ability to respond in damages.
(7) Permits for Sale, Manufacture, Import, Possession of Firework for Retail Use. Any person desiring a permit to possess and sell any fireworks as a retailer incident to annual Fourth of July celebrations, may be issued such a permit subject to the procedures and conditions herein set forth:
(a) Application for such a permit shall be made to the city fire chief and must be received by the city fire chief during the period commencing the 1st day of March of each year and ending not later than the 1st day of May of each year.
(b) Applications which have been timely submitted to the fire chief shall be investigated and a report of the investigation submitted to the council at its second regular meeting in May of each year or as soon thereafter as possible.
(c) The fire chief shall investigate applications for compliance with state permitting requirements; statewide standards for retail fireworks stands; cleanup; transportation; temporary storage of fireworks associated with the retail stand; and liability insurance as required by RCW 70.77.270.
(d) The City Council authorizes the fire chief to issue such permits as it determines appropriate consistent with the health, safety, and general welfare of the city; provided, however, no more than one such permit shall be issued for every four thousand residents of the city of Pullman as those population figures are disclosed by a current census or generally recognized determinations setting or certifying population figures made by any agency or office of the state of Washington.
(e) Any permit issued by the fire chief shall not be effective unless the retailer shall have obtained by the time of commencing the sale of fireworks as a retailer all licenses required under the provisions of the State Fireworks Law; provided proof of liability insurance coverage; and, at all times during the operation the structure from which the retail fireworks sales are to be made passes inspections to insure compliance with state and local fire and safety laws and regulations.
(f) Sales – Days and Hours Permitted. Consumer fireworks may be offered for sale by permittees only between the hours of nine a.m. and eleven p.m. on July 1 through July 4.
(8) Discharge of Consumer Fireworks – Days and Hours Permitted. Consumer fireworks may be discharged only between the hours of nine a.m. and 11 p.m. on July 3 and between the hours of nine a.m. and midnight on July 4, and between the hours of six p.m. on December 31 and one a.m. on January 1.
(9) Penalties.
(a) Unlawful sale or discharge of fireworks in violation of this chapter a misdemeanor. The sale, use, transfer, discharge, ignition, or otherwise causing to explode of fireworks, in violation of the limitation established by this chapter, within the City of Pullman shall be a misdemeanor, as defined by RCW 9A.20.010(2), provided any person found in violation shall be subject to a mandatory one hundred dollar ($100) fine. Each occurrence shall be a separate violation hereof. The third violation, in any twelve-month period, shall be a gross misdemeanor, as defined by RCW 9A.20.010(2), and shall be punishable pursuant to state law.
(b) Reckless discharge or use of fireworks – Penalty. It is unlawful for any person to discharge or use fireworks in a reckless manner which causes injury to person or property; or creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor and shall be punishable pursuant to state law.
(10) Emergency Fireworks Ban Sale and Use. The Fire Chief may prohibit the discharge and sale of all fireworks during periods of extreme fire danger. For the purposes of this chapter, the term “extreme fire danger” shall mean a period of hot, dry weather, accompanied by low fuel moistures. It is during this period that wildland fires can be expected, and fire growth would be accelerated. (Ord. 21-8 §1, 2021; Ord. 05-3 §1, 2005; Ord. 04-9 §1, 2004; Ord. 86-21 §2, 1986; Ord. 83-32 §1, 1983; Ord. 82-45 §3, 1982; Ord. B-158 §2, 1974).