Spokane Municipal Code

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.33A 1986 Fireworks Code

Section 10.33A.010 Findings

1. By chapter 228, Laws of 1961, the legislature of the State of Washington enacted a comprehensive fireworks law intended to promote the public safety by restricting the retail sale and use by the general public to those fireworks which were found to be “safe and sane”, defined in terms of what the device would do upon discharge, the method of ignition, the amount of pyrotechnic material it contained and the chemical composition of the materials. With the purpose of minimizing fire hazard, the 1961 legislation prohibited the retail sale and popular possession of “dangerous fireworks” similarly defined with a view to the degree of hazard their use presented.

2. By chapter 230, Laws of 1982, codified as chapter 70.77 RCW, as amended, the legislature of the State of Washington replaced the distinction between “safe and sane” and “dangerous” fireworks with a distinction between “common” and “special” fireworks, and established a new set of definitions.

3. Under that 1982 statute any person may possess and discharge any “common fireworks” which term includes:

1. 1. ground and hand-held sparkling devices:

1. 1. 1. Dipped stick, sparkler.

1. 1. 2. Cylindrical fountain.

1. 1. 3. Cone fountain.

1. 1. 4. Illuminating torch.

1. 1. 5. Wheel.

1. 1. 6. Ground spinner.

1. 1. 7. Flitter sparkler.

1. 2. smoke device;

1. 3. aerial devices:

1. 1. 1. Helicopter, aerial spinner.

1. 1. 2. Roman candle.

1. 1. 3. Mine, shell.

1. 4. combination items; and

1. 5. class C explosives classified as such as of January 1, 1984, by the federal department of transportation in CFR Title 49, Subtitle B, Chapter I, Part 173, Subpart C, which term includes, in addition to some of the above devices:

1. 1. 1. firecrackers,

1. 1. 2. salutes, and

1. 1. 3. novelties

so designated by the associate director for hazardous materials regulation.

4. By chapter 370, Laws of 2002, the legislature harmonized and updated various definitions of explosives (as regulated by the department of labor and industries under chapter 70.74 RCW) and fireworks (as regulated by the Washington State Patrol through the director of fire protection under chapter 70.77 RCW); placed limits on the amount of local government permit fees; provided procedures for enforcement by civil penalties; and authorized the use and discharge of consumer fireworks at specified times from December 27th through December 31st.

5. The pertinent definitions under the 2002 law are:

1. 1. “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 or consumer fireworks or display fireworks;

1. 2. “consumer fireworks” 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 fifty milligrams or less of explosive materials, and aerial devices containing one hundred thirty milligrams 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 this section, and not including fused setpieces containing components which together exceed fifty milligrams of salute powder.

6. Cognizant of the legitimate interest the state legislature has in making uniform laws in the exercise of its power to regulate commerce, the City of Spokane finds that state law does not adequately serve the overriding interests of protecting the personal safety and property of the community and preserving the precious emergency resources of the locality; that prohibitions on the sale and use of fireworks are necessary in the exercise of the City’s constitutional powers to promote the health, safety, quiet enjoyment of life and general welfare of the citizens of Spokane.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)