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HomeMy WebLinkAboutORD 4299 f Amends Ordinance Np. 4234 4�merlde� �� eRb 1-mc-r CITY OF RENTON, WASHINGTON ORDINANCE NO. 4299 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 7-1-4.N OF CHAPTER 1, UNIFORM FIRE CODE, OF TITLE VII (FIRE REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO ADOPTION OF THE UNIFORM FIRE CODE BY REFERENCE AND AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection 7-1-4 .N of Chapter 1, Uniform Fire Code, of Title VII (Fire Regulations ) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : 7-1-4.N: Article 78 of the Uniform Fire Code, 1988 Edition, entitled "Fireworks, " is hereby amended to read as follows : 1 . Purpose; Compliance with State Regulations : It is the intent of this chapter to provide a procedure for the granting of licenses and the possession, sale, and discharge of fireworks as classified by the State Fire Marshal as safe for possessing, sale and discharge and not to permit the possession, sale or use of any other fireworks , classified as dangerous fireworks by the State Fireworks Law, all as provided for and defined in RCW. Each licensee shall further comply with and adhere to the rules and regulations relating to fireworks as issued by the State Fire Marshal . 2 . Retail Sale of Fireworks; City and State Prerequisite: a. No permit shall be issued by the City unless the person applying for same has first obtained a license from the State Fire Marshal as provided in RCW. 1 ORDINANCE NO. 4299 b. It shall be unlawful for any person to engage in the retail sale of or to sell any fireworks within the City without first having obtained a permit as hereinafter set forth. 3 . Permit Restrictions : A permit granted pursuant to this chapter shall entitle the permittee to maintain only one ( 1 ) retail outlet. All permits issued pursuant hereto shall be used only for the specified permittee and shall be non-transferable. Any transfer or purported transfer of a permit shall be deemed a violation of this chapter. a. Permit Fee: The annual permit fee for the sale of such fireworks as may be authorized hereunder or may be authorized by the provisions of the laws of the state shall be one hundred dollars ( $100 . 00) per annum, payable in advance. b. Permit Limitations : No person shall receive more than one ( 1 ) license for the sale of fireworks during any one ( 1 ) calendar year. c . Permit Application; Investigation: All applications for a permit shall be made in writing addressed to the Chief of the Fire Department or such other person as may be appointed by the Chief . It shall be the duty of the Fire Chief or his designee to make a complete inspection of the fireworks stand site prior to the issuance of the permit . The Chief shall have the power in his discretion to grant or deny the application, subject to such reasonable condition, if any as he shall prescribe. d. Time for Application: All applications for licenses as required under the terms of this chapter shall be made 2 ORDINANCE NO. 4299 between the first day of January and 5 : 00 P.M. the twenty-eighth day of May of the year for which such license is sought. e. Performance Bond or Cash Deposit Required: Any applicant shall post with the City a performance bond or cash deposit in an amount of not less than seventy-five dollars ($75 . 00 ) conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand which deposit shall be returned to the applicant only in the event that he removes said stand and cleans up all debris to the satisfaction of the Fire Chief or any other so designed official of the City. In the event of the applicant' s failure to do so, the performance bond or cash deposit shall be forfeited unto the City. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if he has failed to remove the temporary stand and failed to clean up all the debris by July 10th of each year. 4 . Fireworks Sales : Permits for the retail sale of fireworks shall restrict any authorized retail sale to persons 16 or more years of age. Sellers shall require proof of age by means of display of a valid Washington state driver' s license or photo identification card issued by the Washington State Department of Licensing. No other forms of identification shall be accepted. It shall be unlawful for any person to offer for retail sale, or expose for retail sale, or sell at retail within the City except from twelve o'clock ( 12 : 00) Noon on June 28 to 11 : 00 P.M. of July 4 of each year. 3 • ORDINANCE NO. 4299 • 5 . Fireworks Discharge: No person shall ignite or discharge any fireworks except between the hours of 9 : 00 A.M. and 11 : 00 P.M. on July 4th of any calendar year. Exceptions : a. Public displays authorized by permit issued pursuant to WAC. b. Use by a group or individual for religious or other specific purpose on an approved date at an approved location pursuant to a permit issued pursuant to WAC. c . Use of trick and novelty devices as defined in WAC 212-17-030, as amended, and use of agricultural and wildlife fireworks as defined in RCW. 6 . Public Display; Insurance Required: Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City Attorney with amounts as follows : One hundred thousand dollars ( $100, 000 . 00 ) or more for injuries to any one ( 1 ) person in one ( 1 ) accident or occurrence; three hundred thousand dollars ( $300, 000 . 00) or more for injuries to two ( 2 ) or more persons in any one ( 1) accident or occurrence; fifty thousand dollars ( $50, 000 . 00) for damage to property on any one ( 1 ) accident or occurrence. 7 . Pyrotechnic Operator Required: Every public display of fireworks shall be handled or supervised by a state licensed pyrotechnic operator. 4 ORDINANCE NO. 4299 8 . Temporary Stands; Required Standards : The temporary stands of all licensees shall conform to the following minimum standards and conditions : a. Temporary fireworks stands need not comply with all the provisions of the Building Code provided that all such stands shall be erected under the supervision of the Fire Chief or his duly authorized representative who shall require that all such stands be constructed in a safe manner ensuring the safety of attendants and patrons . In the event any such temporary stand is wired for electricity, the wiring shall conform to the Electrical Code of the City. b. No temporary fireworks stand shall be located within fifty (50 ) feet of any other building or structure, or within one hundred ( 100 ) fee of any gasoline station, oil storage tank, or premises where flammable liquids are kept or stored. c. Each temporary fireworks stand must have at least two (2 ) exits which shall be unobstructed at all times; and each stand have a minimum of two (2 ) readily accessible fire extinguishers duly approved in advance by the Fire Chief . d. All weeds, grass, and combustible material shall be cleaned from the location of the temporary fireworks stand and surrounding area a distance of not less than twenty-five (25 ) feet, measured from the exterior walls of each side of the temporary fireworks stand. e. No smoking shall be permitted in or near a temporary fireworks stand and the same shall be posted with proper "No Smoking" signs, which rules are to be strictly enforced. No 5 • ORDINANCE NO. 4299 fireworks shall be discharged within one hundred feet ( 100 ' ) of any retail fireworks sale location. f . Each temporary fireworks stand shall have an adult in attendance at all times . No child or children under the age of sixteen ( 16) years shall be allowed inside any temporary fireworks stand. g. All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by twelve o'clock ( 12 : 00) Noon on July 6th of each year. 9 . Dangerous Fireworks Prohibited: It shall be unlawful for any person to sell, possess, use or explode any dangerous or illegal fireworks within the City. Dangerous or illegal fireworks shall be those fireworks so defined by RCW and any subsequent amendments thereto which said Code section is hereby adopted by reference as part of this Code; one copy having been filed with the City Clerk for public inspection. 10 . Enforcement Officer: The Fire Chief or his duly authorized representative is hereby designated as enforcing officer of this chapter. In addition to all other grounds from revocation or termination of permit set forth in the general provisions hereof, any failure or refusal on the part of a permittee to obey any rule, regulation, or request of the Fire Chief concerning the sale of fireworks, shall be grounds for the revocation of a fireworks permit. 11 . Fireworks; Zoning Compliance: The location of the proposed place of business shall be only in those areas or zones within the City wherein business or industrial activities are 6 • ORDINANCE NO. 4299 authorized under the applicable zoning law of the City, provided that the sales of "common" fireworks shall not be deemed an enlargement of existing nonconforming use, and provided further that no fireworks shall be sold in any residential area where a business enterprise does not exist. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this 3rd day of December , 1990 . d--1-2 Marily/�Petersen, City Clerk APPROVED BY THE MAYOR this 3rd day of December , 1990 . Ea Clymer, Mayor , Approve s to form: 111 Lawrence J. War n, City Attorney Date of Publication: December 7, 1990 ORD. 175-11/15/90-as . 7