8.68.050 Public displays of fireworks.
A. Application for Permits for Public Displays of Fireworks. Any person desiring to give or make a display of fireworks within the City shall, not less than 10 days in advance of the proposed display, make an application for a permit to operate the public display, in writing, to the City Manager or designee. The application shall set forth the following information:
1. The name of the organization sponsoring the display, together with the names and addresses of persons actually in charge of the firing/presentation of the display;
2. The date and time of day at which the display is to be held;
3. The exact location planned for the display;
4. A description setting forth the age and experience of the persons who are to do the actual discharging of the fireworks, and copies of their public display permit issued pursuant to RCW 70.77.280 or comparable applicable statute;
5. The number, type and description of fireworks to be discharged;
6. The manner and place of storage of such fireworks prior to the display; and
7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of transit or communication as well as telephone, electric and other utility lines and poles and any other structures, facilities or objects which could present overhead obstructions, located within 500 feet of the point of discharge.
B. Fee for Public Display Permit. There shall be no permit fee for a public display permit other than the license required by the State Fire Marshal.
C. Investigation on Site – Certificate of Compliance by City’s Fire Marshal – Notice of Approval by City’s Fire Marshal or Designee. Upon receipt of such application, at least 20 days in advance of the date set for the display, the City’s Fire Marshal or designee shall make an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. If the City’s Fire Marshal or designee is satisfied that the display is lawful and there has been or will be full compliance with all applicable laws, state and local, then the City’s Fire Marshal or designee shall issue a written recommendation for or against the permit which shall be kept on file in the City’s Fire Marshal’s or designee’s office and available for review by authorized reviewing agencies. If the City’s Fire Marshal or designee finds that the permit applicant has complied with all applicable laws, then the City’s Fire Marshal or designee may issue a certificate of compliance stating an endorsement of the display as being in conformance with all applicable laws and with these regulations. For any scheduled public display, applicants must submit such information as is deemed appropriate by the City’s law enforcement agency to ensure that adequate traffic control and crowd protection policing and any other measures necessary or appropriate for public safety have been arranged either through private security agencies or through a contract with a law enforcement agency and/or with commissioned law enforcement officers of the agency. A written notice that the applicant has complied with these requirements shall be issued by the City’s Police Chief before a public display permit is issued; provided, that if the applicant should contract for traffic control and crowd protection policing with the City, for use of its law enforcement officers, in no event shall the sum agreed upon as payment for such policing be less than the actual expenses incurred by the City for providing such services. Such consideration shall be calculated in terms of personnel resources at the hourly rate for overtime under current collective bargaining agreements and/or rates of pay, plus that percentage which is paid by the public agency for fringe benefits, whichever applies, and all such sums paid under the contract shall be paid in accordance with procedures specified by the City’s Fire Marshal.
D. Every public display of fireworks shall be handled by at least two competent operators approved by the City’s Fire Marshal or designee, and every public display of fireworks shall be of such character, and so located, discharged or fired that, in the opinion of the City’s Fire Marshal or designee, after proper investigation, it would not constitute a hazard to property or endanger any person.
E. A state pyrotechnics license is required for at least one operator at each public display of fireworks. The state licensed operator shall be the person who actually discharges or ignites the fireworks.
F. A bond or certificate of insurance must be furnished to the City Manager or designee 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 any 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 (including automobile coverage) insurance policy providing limits of $1,000,000 combined single limit per occurrence and annual aggregate, naming the City of Lakewood as an additional insured. Any such bond or insurance policy must be approved by the City Attorney.
G. A cash deposit in the amount of $500.00 must be posted with the City Manager or designee at least 30 days in advance of the public display date to provide for the 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.
H. Storage.
1. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.
2. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions.
3. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, magazines must be 25 feet upwind (in relation to the firing item) from the nearest mortar. Magazine lids must be open in the opposite direction of the firing. All ready boxes are to be protected by a flameproof water repellent canvas cover until emptied.
4. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site.
5. During the display, shells shall be stored upwind from the discharge site. If the winds shift during the display, the shell storage area shall be relocated to be upwind from the discharge site.
6. There shall be at least two 2A-rated fire extinguishers (two and one-half gallons water), UL approved, kept as widely separated as possible within the actual area where the discharging will occur.
I. Preparation of Site Crowd Control.
1. All dry grass, weeds and other combustible waste within 50 feet of the firing site shall be removed.
2. 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 electric lines, trees or wooded areas.
3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.
4. The firing and storage site shall be located not less than 200 feet from any building, public highway or railroad or other means of travel.
5. No boats shall be allowed within 200 feet of the firing or storage site.
6. The operators shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until the fireworks debris, equipment and fireworks have been removed from the site.
7. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.
J. Installation of Mortars.
1. Mortars shall be inspected by the operators for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.
2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointed towards the water.
3. Mortars shall be either buried securely into the ground to a depth of two-thirds to three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.
4. In damp ground, a weather-resistant bag should be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.
5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating inside the surface of the mortar.
K. Operation of the Display.
1. The operators shall provide fire protection at the site as required by the City’s Fire Marshal or designee.
2. Only permitted fireworks are authorized for use.
3. When display is fired from a barge or vessel, a secured area shall be established around the barge or vessel to prevent boats from entering the fallout area. No boats shall be allowed within 200 feet of the firing or storage site. A boat shall be on standby to remove personnel from the barge and otherwise respond in the case of an emergency. Additional fire extinguishers, rated 2A minimum, shall be on the barge and so spaced that an extinguisher shall be available at all times.
4. If, in the opinion of the City’s Fire Marshal or designee or authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.
5. If at any time high winds or unusually wet weather prevail such that, in the opinion of the City’s Fire Marshal or designee or authorized representative of the display operators, a definite fire danger exists, the public display shall be discontinued or postponed until weather conditions improve so as to permit safe discharge of fireworks.
6. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use.
7. Display operators and assistants shall use only flashlights or approved electrical lighting for artificial illumination.
8. No smoking or open flames shall be allowed within 50 feet of the firing or storage area so long as shells are present. Signs to this effect shall be conspicuously posted.
9. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions are over and any debris falls into the planned landing area.
10. Mortars shall be re-angled or reset if necessary at any time during the display to properly adjust the trajectory or landing area.
11. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.
12. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.
13. Operators shall not dry a wet shell, nor shall they lance or pot a wet shell for reuse.
14. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.
15. When fireworks are displayed in darkness, the sponsor shall ensure that the firing range is inspected early the following morning.
16. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the City in a safe manner.
17. The debris from discharged fireworks shall be disposed of in a proper manner.
18. The operator shall further comply with the requirements of Chapter 212-17 WAC. In the event that the requirements of Chapter 212-17 WAC are inconsistent or in conflict with the provisions hereof, the more restrictive of the two shall control.
L. The denial by the City’s Fire Marshal or designee of a permit for the public display of fireworks may be appealed to the City Council. If no such appeal is made within 60 days, the denial is final. [Ord. 742 § 1, 2020; Ord. 416 § 1, 2006; Ord. 84 § 1, 1996.]