Loading...
HomeMy WebLinkAbout2018 06 26 JEFFCO CSF Ordinance - DRAFT51 Chapter 8.xx Commercial Shooting Facilities 8.xx.010 Purpose. The purpose of this article is to regulate commercial shooting facilities by: (1) providing for and promoting safety by establishing a permitting procedure and rules for the siting, design and operation of commercial shooting facilities that safeguards participants, spectators, neighboring properties and the public; (2) involving measures designed to make the discharge of firearms safe; (3) protecting the environment; (4) ensuring compatibility with neighboring land use; and, (5) promoting the continued availability of shooting facilities for firearm education, practice in the safe use of firearms, and firearm sports, without prohibiting or expressly regulating the discharge of firearms. The purpose of this article is to provide uniform requirements for the establishment and operation of all commercial shooting facilities. These requirements include provisions that: (1) establish a permitting procedure and rules for the siting, design and operation of commercial shooting facilities which protect participants, spectators, neighboring properties and the public; (2) include appropriate measures designed to make the discharge of firearms safe; (3) protect the environment; (4) ensure compatibility with neighboring land uses; and, (5) promote the continued availability of shooting facilities for firearm education, training, and practice in the safe use of firearms, and firearm sports, without prohibiting or expressly regulating the discharge of firearms. rm sports, without prohibiting or expressly regulating the discharge of firearms. 8.xx.020 Definitions. The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article: (1) “Armed forces” means the armed forces of the United States or of the National Guard or organized reserves. (2) “Backstop” means a barrier that stops or redirects bullets fired on a range, usually directly behind the target line. (3) “Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves. Baffles are placed either overhead, behind, alongside, or at ground level to stop or redirect errant or off-the-target shots. (4) “Ballistic trauma” means wounds from the discharge of firearms. (5) “Berm” means an embankment used for restricting bullets to a given area, or as a protective or dividing wall between shooting areas. 2 (6) “BMP” means best management practice or practices. (7) “Bullet” means a single projectile fired from a firearm. *******how will this be used? (8) “Buffer zone” has the same meaning as in JCC 18.10.10B, as it exists now or is hereafter amended, and includes but is not limited to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter 18.25 JCC (the shoreline master program ordinance), federal or state law. (9) “Cartridge” means a self-contained unitized round of ammunition that is made up of a case, a primer, powder and a bullet. The case usually is made of brass but may be steeal, metal alloy or plastic. (10) “Commercial shooting facility” means an indoor facility or outdoor facility designed and specifically delineated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or members of the armed forces, or any combination of the above. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: (a) Shooting facilities owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b) Archery ranges; and, (c)(b) Any portion of a private residence or private residential lot that is used solely by its owner or guests of its owner for lawful shooting practice. (11) “Cowboy action shooting” means a type of match utilizing one or a combination of firearms of “Old West themed” courses of fire for time and accuracy. (12) “Critical areas” mean critical areas described in Chapter 18.22 JCC. (13) “Department” means the Jefferson County department of community development. (14) “Director” means the Ddirector of the Jefferson County department of community development. (15) “Environmental Stewardship Plan” means a plan for mitigating the environmental impacts of a commercial shooting facilitiesy approved by the director to implement: (15) Commented [PH1]: New definition to that helps implement the Environmental Stewardship Plan for Management of Lead Shot/Bullets called for by the guidance from USEPA Region 2 identified by Joe D’Amico. Commented [PH2]: This is the definition from the NRA Source Book (2012). Commented [PH3]: This definition was added for clarity from the NRA Range Source Book. Commented [PH4]: Defined below. Commented [PH5]: Defined below. Commented [PH6]: Defined below. Commented [PH7]: Defined below. Commented [PH8]: This sentence was moved up from the definition of shooting range for clarity. Commented [PH9]: This was added from Gig Harbor Code Section 5.12.070D to make clear that Jefferson County is unable to regulate those facilities. Note: This only applies to facilities both owned and operated by another government within Jefferson County. Commented [PH10]: At the suggestion of Michelle Farfan, this replaces the definition of Wetland in the prior draft. Critical areas include but are not limited to wetlands. Commented [PH11]: This definition was added for purposes of clarity. Commented [PH12]: This is new and implements environmental standards for indoor commercial shooting facilities. Commented [MM13]: These provisions go under the standards later in the document Formatted: Indent: Left: 0.4", No bullets or 3 (a) At indoor facilities, BMPs for lead at Indoor Shooting Ranges recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges; WAC 296-62-075221 (limiting occupational exposures to lead) as it exists now or hereafter is amended; and, Chapter 173-60 WAC (maximum environmental noise levels) as it exists now or hereafter is amended. (b) At outdoor facilities, BMPs for lead at Outdoor Shooting Ranges recommended by USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor Shooting Ranges; WAC 296-62-075221 (limiting occupational exposures to lead) as it exists now or hereafter is amended; and, Chapter 173-60 WAC (maximum environmental noise levels) as it exists now or hereafter is amended. (c) BMPs for the daily collection and disposal of cartridges. (d) BMPs for the daily collection and disposal of wadding from shotgun discharges. (16) “Expansion” means any proposed change in excess of those activities and uses permitted for the facility.any change to a commercial shooting facility existing as of the effective date of the ordinance codified in this article or any range developed and operating by an operating permit that results in additional firing positions or a lengthened daily period of operations. Expansion shall also include any change increasing the length of the direct fire zone or the area of the shotfall zone to accommodate the use of firearms not identified in the then existing operating permit application. Modifications made solely through routine maintenance of a commercial shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or remodel of a clubhouse, shall not be considered an expansion. (17) “Exploding target” means a targets that explodes when hit by a projectile. (18) “Explode” means burst or shatter violently and noisily as a result of rapid combustion, decomposition, excessive internal pressure, or other process, typically scattering fragments widely. (19)(18) “Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010 as it exists now or hereafter may be amended. The term “firearm” shall not include: 1) devices, including but not limited to “nail guns,” which are used as tools in the construction or building industries and which would otherwise fall withinwithin this definition.or 2) “destructive devices” as defined in USC Title 18, Chapter 44 ___._ (20)(19) “Firing line” means a line parallel to the targets from which firearms are discharged. (21)(20) “Firing point” means a location from which one individual fires at an associated target down range. Commented [PH16]: USEPA Region 2’s 2005 publication entitled Best Management Practices for Outdoor Shooting Ranges does not apply to indoor ranges, so we need a standard. This is what I found that seems to best fit the need. Are there other, better standards? We should ask Vargas. Commented [PH14]: This is the WAC on occupational exposure to lead. Commented [PH15]: This is the WAC on noise. Commented [PH17]: Environmental Stewardship Plan for Management of Lead Shot/Bullets called for by the guidance from USEPA Region 2 identified by Joe D’Amico. Commented [PH18]: This is the WAC on occupational exposure to lead. Commented [PH19]: This is the WAC on noise. Commented [PH20]: In Mark an my opinions, each shooter should be required to clean up their own cartridges. If the shooter fails to do so, a daily sweep should be made. This is just good housekeeping. Commented [PH21]: Is this the right interval? Should this be on the same schedule as cartridges? Commented [PH22]: This term was added because of the discussion at the 6/13/18 review committee meeting. Commented [MM23]: Come back to this after the decisions are made about operational permits or conditional use permits Commented [PH24]: This is the dictionary definition. Added for clarity. Commented [MM26]: Commented [MM25]: Bring definitions together for the no shooting ordinance. Commented [PH27]: There are limits on who can use a short-barreled rifle, a short-barreled shotgun, or a machine gun, so I added that to the limitations section near the end of this document. See RCW 9.41.190. Commented [PH28]: All these terms are defined in RCW 9.41.010. Commented [PH29]: Paintball. Consider WAC 516-21-220, which states: Weapons and destructive devices. Possession, use, storage, or manufacture of firearms, ammunition, explosives, or other weapons or destructive devices capable of causing bodily injury or damage to property, on university property or at official university functions, is a violation of the code. Weapons and destructive devices include, but are not limited to, the unauthorized use or possession of: ... Commented [MM30]: Janet will provide citation 4 (22)(21) “Five-stand shooting” means a shotgun shooting sport where there are five stations or stands on the firing line and multiple strategically placed target throwers that throw targets in front of the firing line. (23)(22) “Impact area” means the area in a backstop or bullet trap directly behind the target where bullets are expected to impact or the area downrange where bullets will impact if not captured by a backstop or bullet trap. (24)(23) “Indoor facility” means a commercial shooting facility within a fully enclosed structure. designed to contain airborne and structure-borne sound to within 100 feet of the indoor facility. For airborne sound, all leaks into outer areas shall be sealed, which includes airtight insulation around doors, windows, HVAC ducts, walls, and ceilings. Structure-borne sound reduction is necessary to protect adjoining, occupied rooms and properties. (25)(24) “Law enforcement officer” means “law enforcement” officer as defined in RCW 9.41.010 (12) and “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c) as they now exists or are hereafter amended. (26)(25) “Life safety violation” means an incident that causes, ballistic trauma to an individual or domestic animal,. e.g., a bullet wound resulting in a 911 notification; or damage to a structure that results in a call to 911, sheriff’s office, or the department for investigation. (27)(26) “Member of the armed forces” means a member of the armed forces, when on duty. (28)(27) “Noise Baffle/Berm” means a baffle or berm designed to inhibit the transmission of sound waves. For the avoidance of doubt, a noise baffle/berm may include trees. (29)(28) “NRA Range Source Book” means the most current version of The NRA Range Source Book published by the National Rifle Association. (30)(29) “Operator” means the person operating the commercial shooting facility. (31)(30) “Operating Permit” means the operating permit required by this article. (32)(31) “Or” means both or and and/or. (33)(32) “Outdoor facility” means a commercial shooting facility which is not an indoor facility. (34)(33) “Owner” means the holder of title to the real property underlying on which a commercial shooting facilitfacility is located. y. (35)(34) “Person” means person as that term is defined in RCW 1.16.080 as it now exists or hereafter is amended. (36)(35) “Physical containment” means the use of physical barriers that are sufficient to contain the projectile from the highest power firearm used on a shooting range when the shooting range is used in accordance with its operating permit. Physical containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that no errant projectiles can escape the shooting rangefacility. Commented [PH31]: This was added for clarity and was adapted from the NRA Range Source Book. Commented [MM32]: Put the details here into the standards section. Commented [PH33]: This was modified from the US DOE Range design criteria for sound control at page 32 of the pdf. See https://www.energy.gov/sites/prod/files/2013/05/f1/Range_D esign_Criteria.pdf. Commented [MM34]: Depending on how this is used in the ordinance we might need to clarify whether Tribal law enforcement are included in this definition. Commented [MM35]: Revisit this after we figure out how it is used. Commented [PH36]: Replaced “substantial bodily harm” with this defined term. Commented [PH37]: The language in this definition comes from RCW 9.41.60(2). Commented [PH38]: This definition was suggested at the 6/13/18 review committee meeting. I think it is redundant with the definition of: “Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves. Baffles are placed either overhead, alongside or at ground level to stop or redirect errant or off-the-target shots. Commented [PH39]: This definition was added for clarity, considering reference is made numerous times to the NRA Range Source Book. The current version is from 2012. Commented [PH40]: This is the definition agreed upon at the 6/13/18 review committee meeting. Commented [PH41]: This definition was added for clarity, considering its use in the definition of physical containment recommend during the June 13, 2018 review committee meeting. Commented [PH42]: New definition suggested by Tom Richardson. Commented [PH43]: This is from Clallam County. See CCC 33.03.010(76). Commented [PH44]: This definition was added to define “owner” as used in the ordinance. Commented [PH45]: Modified as suggested in the 6/13/18 review committee meeting. 5 (37)(36) “Practical shooting” means a sport which challenges an individual’s ability to shoot rapidly and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called stages, some requiring many shots to complete, and others just a few. While scoring systems vary between practical shooting organizations, each measures the speed with which the stage is completed, with penalties for inaccurate shooting. (38)(37) “Projectile” means an object fired from a firearm with an explosive propelling charge. (39)(38) “Range manual” means a manual on operations and maintenance at commercial shooting facilities. shooting ranges consistent with the requirements contained in Section I, Chapter 5 of the NRA Range Source Book (2012) as it now exists or hereafter may be amended. (40)(39) “Range master” or “range officer” means a person or persons trained and appointed by the operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance with the safety specifications of this chapter and any additional safety specifications that may be adopted by the operators of the commercial shooting facility. Range masters or range officers shall complete the necessary training and obtain certification to be a range master or range officer from the National Rifle Association, the Washington State Criminal Justice Commission, or an armed forces equivalent. (41)(40) “Routine maintenance” means simple, small-scale activities (e.g., repairing berms or using less than one hundred fifty cubic yards of soil; repairing structures or routine maintenance for which permits are not required. such that a building permit is not required under county code, etc.) associated with regular (daily, weekly, monthly, etc.) and general upkeep of a structure of existing building, firing line, target line, parking lots, etc. Routine maintenance activities are associated with maintaining a commercial shooting facility in its original condition; expansion and construction of new firing positions on a firing line, new ranges, etc., are not routine maintenance. (42)(41) “Rules and regulations” means standards used in the operation of a commercial shooting facility. Rules and regulations are set up to govern the commercial shooting facility operations and shall be included in the safety plan. (43)(42) “Safety fan” means all areas in or around a range where projectiles, including errant projectiles, may impact or ricochet. The length of the safety fan extends to the maximum range of the cartridge and firearm used on the firing range unless adequate physical containment is provided. When physical containment is adequate, the safety fan is limited to the area within the containment. (43) “Safety plan” means the written procedures or policies of a commercial shooting facility prepared by the operator that specifically defines the safety requirements. (44) “Shoot house” means a structure, sometimes roofless, which simulates multi-room buildings. (45) “Shooting range” consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges. means a place designed and used for weapons training or the safe discharge of firearms. Commented [PH46]: Modified as suggested in the 6/13/18 review committee meeting. Commented [PH47]: This definition was added for clarity. Commented [PH48]: Janet Welch suggested a definition for range manual may be needed, pointing to Gig Harbor’s ordinance, p. 3. However, I couldn’t find such a definition in the Gig Harbor ordinance. Perhaps Janet meant the definition from Cowlitz County which states: “‘Range Manual’ means The Range Manual – A Guide to Planning and Construction, The National Rifle Association, 1988.” However, the NRA reference seems to be out of date and replaced by The Range Source Book published by the NRA in 2012. Perhaps, this is a question for Mr. Vasquez. Commented [MM49]: This goes into standards section Commented [PH50]: Modified as suggested in the 6/13/18 review committee meeting. Commented [PH51]: At the 6/13/18 review committee meeting it was suggested that a check be made for a definition already existing in the JCC Unified Development Code. None exists—see JCC 18.10 R. Commented [PH52]: Modified slightly for clarity. Commented [PH53]: Modified as suggested in the 6/13/18 review committee meeting. 6 (46) “Skeet shooting” means a shotgun shooting sport where shooter is on the firing line and fires shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front of the shooter. (47) “Sporting clays” means a form of clay pigeon shooting which consists of multiple shooting stations laid out over natural terrain such that target presentations simulate the unpredictability of live quarry shooting. (48) “Target” means a mark to shoot at. (49) “Target line” means the line where targets are placed. (50) “Tracer or incendiary ammunition” means any ammunition causing or designed to cause fires and includes a projectile or shell that that traces its own course in the air with a trail of smoke, chemical incandescence, or fire, so as to facilitate adjustment of the aim of a firearm. (51) “Trap shooting” means a shotgun shooting sport where a shooter on the firing line shoots at targets launched from a single launching point and generally away from the shooter. 8.xx.030 Ranges – Operating permit required. (1) Commercial shooting facilities shall be authorized and operated in accordance with an operating permit issued by the department. [This is how Clark County handles the requirements: 9.12.055 Safety standards and specifications. All shooting ranges licensed pursuant to this chapter shall, at a minimum, comply with the following safety standards and specifications: (1) All structures, installations, operations and activities shall be located at such a distance from property lines as will protect adjoining properties from hazard, when the ranges are used in accordance with range safety rules and standards. (2) Range site design features and safety procedures shall be installed and maintained to discourage end rounds from escaping all shooting positions, when such positions are used in accordance with range safety rules and standards. (3) A plan shall be submitted with the license application which shows the location of all buildings, parking areas and access points; safety features of the firing range; elevations of range showing target area, backdrops or butts; and approximate location of buildings on adjoining property. Commented [PH54]: Modified as suggested in the 6/13/18 review committee meeting. Commented [PH55]: This is the dictionary definition. Added for clarity. Commented [PH56]: This language comes from WAC 332-52.145. Commented [PH57]: It is important that the review committee address soon the question of whether it is fair to require recertification of the commercial shooting facility, considering the cost of construction of such facility to the owner. See Subsection 4(c), below. Commented [MF58]: If this code does not have a minimum land size area for commercial shooting facilities, then we should consider adding a setback to adjacent property lines; unless the use is only allowed in forest zones. 7 (4) A safety plan shall be submitted which cites rules for each range. This should include sign-in procedures, if applicable, restrictions on activities and the use of ranges, and every safety plan shall prohibit loaded weapons, except at shooting positions and except for holstered handguns. (5) All commercial shooting ranges shall have at least one safety officer on duty at all times while shooting activities occur; provided, that when three (3) or fewer shooters are present, each may act as his own safety officer. (6) When urban residentially-zoned property or residential streets are located adjacent to property containing an outdoor shooting range, warning signs shall be installed and maintained along shooting range property lines. These signs shall be conspicuously posted at intervals of at least one for every one hundred (100) feet, and the range shall be fenced or partially fenced, when practical. (7) Shooting ranges shall be used for the shooting activities they were designed to accommodate unless redesigned to safely accommodate new shooting activities. (8) Ranges will include an adequate backstop or adequate range for shotdrop. (9) All shooting ranges shall provide a readily accessible telephone available to range participants and spectators for the purpose of contacting emergency medical services. (10) A person responsible for the shooting range, which, in the case of commercial shooting ranges means the safety officer or his designee, shall, within twenty-four (24) hours, report in writing to the Clark County sheriff’s office and Clark County planning department all accidents resulting from the discharge of firearms in use on the range. (11) On commercial shooting ranges, shooting activities shall only occur between 8:00 a.m. and dusk unless otherwise restricted by the operating permit. On commercial shooting ranges, outdoor shooting activities shall only occur between 8:00 a.m. and 10:00 p.m., unless otherwise restricted by the shooting license itself. (12) In reviewing license applications for safety and upon reinspection for existing shooting ranges, the sheriff and the Clark County planning department shall be guided by the NRA Range Source Book.” CCC 9.12.055, slightly modified.] (2) The operating permit shall govern the facilities and scope of operations of each commercial shooting facility, and shall be issued, denied or conditioned based upon the standards set forth 8 in this article. No proposed or existing commercial shooting facility may operate without an operating permit issued pursuant to this chapter, except as provided in subsection (2) of this section. (3) The operating permit is not intended to alter the legal nonconforming use status and rights of existing ranges, which are governed by Title 18 and the common law, nor shall this operating permit authorize expansion of shooting range uses which otherwise require approval pursuant to a conditional use permit or other land use permits per Title 18. Failure to obtain an operating permit will result in closure of the shooting range until such time a permit is obtained. Shooting ranges that operate without a permit are subject to code compliance enforcement, including but not limited to injunctive relief. [This is how Clark County handles the interface with the building code: “Applications for commercial shooting ranges shall be processed as conditional use permits under Chapter 2.51 and Section 40.520.030 of this code. Private ranges shall be subject to the review and approval provisions of Section 40.520.020 of this code. Community development and the county sheriff shall review the application and may impose conditions of approval, including proof of insurance for the facility. If the approval authority finds that adequate provision is made to ensure the safety of residents surrounding the area of the shooting range and the public at large, and that the location and operation of the shooting range is in compliance with zoning regulations, including Sections 40.520.020(C) or 40.520.030(E), it shall approve the application subject to appropriate conditions.” CCC 9.12.050(3).] (4) Each owner or operator of a commercial shooting facility shall apply for and obtain a new operating permit from the department for any expansion of the commercial shooting facility. An expansion shall not be implemented prior to obtaining a new operating permit under the standards then in effect for new operating permits. (5) Each owner or operator of a commercial shooting facility shall apply for and obtain an operating permit. (a) New Commercial Shooting Facilities. The owner or operator of a proposed new commercial shooting facility shall apply for the commercial shooting facility operating permit at the time of application for any necessary building or land use permits. (b) Established Commercial Shooting Facilities. The owner or operator of an established commercial shooting facility in active use on the effective date of the ordinance codified in this article shall apply for the initial commercial shooting facility operating permit not later than ninety days after the effective date of the ordinance codified in this article. (c) Length of Permit. A commercial shooting facility operating permit issued by the department is valid for five years from the date of issuance or renewal. The owner or operator of each commercial shooting facility shall apply for a permit renewal at least thirty days prior to the date of current permit expiration. [This is how Clark County handles this: (4) Ranges approved pursuant to this section shall be subject to periodic reinspection by the director every five (5) years; provided, that more frequent inspections may be done at the discretion of the director. In reviewing ranges for safety, the current edition of the NRA Range Source Book shall guide the director. (5) In addition to the grounds for revocation set forth in Section 40.520.030(F), revocation Commented [PH59]: This was changed to cite the correct provision in the JCC. Commented [PH60]: This was changed to cite the correct provision in the JCC. Commented [pch61]: This subsection was proposed by Janet Welch but has been slightly modified to make it clearer. Not included in this subsection is the following suggested language: (e)Routine maintenance of existing berms, backstops, structures and facilities shall not be construed as a change requiring an amendment to an operating permit. (f)Changes to shotgun range configuration or Safety Plan procedure shall not be construed as a change requiring an amendment to an operating permit if the discharged shot is wholly contained on the shooting facility property. (g)Changes to rifle or pistol range configuration or Safety Plan procedure shall not be construed as a change requiring an amendment to an operating permit if the direction of fire and safety structures are not altered and the safety procedures are not reduced. This language was not added as it is covered by the definition of expansion. Commented [MF62R61]: Under (f) above, at a minimum I would recommend at least a revised range configuration plan be submitted to DCD for review, especially if critical areas are present on the site. The reconfiguration could potentially impact a critical area or its associated buffer. Commented [PH63]: In the 6/6/18 Review Committee meeting, there was a discussion about vesting that could apply to this provision. 9 may be based upon a change of circumstances which renders the continued operation of the range clearly unsafe.” CCC 9.12.050(4) and (5), slightly modified.] (d) NRA Range Source Book. In reviewing a new application for a commercial shooting facility operating permit, or renewal of an existing permit, the NRA Range Source Book shall guide the department. Reference to the NRA Range Source Book may not be used as the basis for any claim of civil liability against the NRA or against Jefferson County or its officers, directors, employees, agents, or representatives based upon deviation from, citation to, or reliance upon the NRA Range Source Book. (6) Application Contents. The application for an initial commercial shooting facility operating permit or for the expansion of an existing commercial shooting facility operating permit shall include the following documents: (a) Types of Firearms, Ammunition and Shooting Proposed. (b) Safety Plan. A safety plan, reviewed and approved by the department, which shall include: (i) Firearm handling rules, general range rules, specific range rules and administrative rules and regulations established by the owner/operator to include any firearms or caliber restrictions on specific shooting areas. (ii) Emergency plan, to include provision for timely notification to the Jefferson County sheriff’s office and to the department of any type of ballistic trauma with initial notification within ninety-six-hours. The accidental or unintended release of a bullet from a shooting area shall be documented by the commercial shooting facility and available for inspection by the department as requested. (iii) The training plan for range control officers and any other person involved in safety and environmental control at the commercial shooting range. (iv) Identification of shooting ranges where cowboy action shooting, practical shooting, and similar sports shooting matches are proposed, along with the identity of the association governing the sport and its safety guidelines. If such governing association has no safety guidelines, the safety plan shall include the requirements that each shooter shall have a range control officer within arms-length to ensure control of the muzzle of the firearm and shall state whether the range master or the range officer shall also perform as the timer. Commented [PH64]: This subsection was moved up at the suggestion of Janet Welch. Commented [PH65]: This section was modified for clarity. Commented [PH66]: This section was modified for clarity. 10 (c) Facility Design Plan. The application shall contain a facility design plan with its layout and design, including: (i) The property lines of the parcel(s) on which the firing range(s) are to be developed. (ii) A list of all property owners prepared by a title company within 2,640 feet of the perimeter of the property on which the commercial shooting facility is proposed for development. (iii) A list of all land uses of all properties abutting the proposed commercial shooting facility. (iv) Locations of all critical areas and their associated buffers on the parcel(s) proposed for the commercial shooting facility. (v) Location of all streams, watercourses, wetlands and associated buffers on the parcel(s) proposed for the commercial shooting facility. (vi) Locations of all utilities, including but not limited to electrical, potable water, wastewater disposal, and drainage ways, both natural and artificial. (vii) Locations and dimensions of all roads and driveways on the parcel(s) proposed for the commercial shooting facility. (viii) Locations and dimensions of all lighting facilities on the parcel(s) proposed for the commercial shooting facility. (ix) Locations and dimensions of all existing and proposed structures on the parcel(s) proposed for the commercial shooting facility, labeled for their intended use. (x) Locations and dimensions of firing lines or firing points, target lines and impact areas to include any related buildings on the parcel(s) proposed for the commercial shooting facility. (xi) Locations and dimensions of all walkways on the parcel(s) proposed for the commercial shooting facility. Commented [PH67]: This subsection section melds the current subsection with provisions from Cowlitz County Code Section 10.22.070 and Gig Harbor Code Section 5.12.060, as suggested by Janet Welch in her draft presented to the review committee on June 13, 2018. Commented [PH68]: “Firing positions” was deleted, based on the discussion about definitions at the 6/13/18 review committee meeting. 11 (xii) Locations and dimensions of all signage, screening, landscaping, and fencing on the parcel(s) proposed for the commercial shooting facility. (xiii) Location and dimensions for landscaping and parking facilities, including the number of parking spaces, for the parcel(s) proposed for the commercial shooting facility. (xiv) Locations, dimensions and slope of all backstops and side berms, whether natural or manmade and the volume, material, and source of all imported materials to be used on the parcel(s) proposed for the commercial shooting facility. (xv) Locations and dimensions of any baffles and containment structures and any baffles or side containment structures on the parcel(s) proposed for the commercial shooting facility. (xvi) Horizontal drawings of the baffles shall be included and building materials to be used for them on the parcel(s) proposed for the commercial shooting facility shall be identified. (xvii) The safety fan for each shooting range proposed on the parcel(s) proposed for the commercial shooting facility. (xviii) For rifle and pistol ranges only, longitudinal cross-sections of that portion of each firing range from 10 feet behind each firing line to 10 feet beyond the downrange terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as applicable; and latitudinal cross-sections, from 10 feet outside any side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone. (xix) For practical shooting ranges without overhead baffles, a safety fan diagram based on the most powerful cartridge proposed to be shot on the range. (xx) Dimensional drawings of physical layout for each of the items listed in this subsection, drawn at a scale not smaller than one-inch equals 200 feet, and not larger than one-inch equals 50 feet. 12 (xxi) Any other information deemed appropriate by the director such as approval criteria for conditional use permits contained in JCC 18.40.530. (d) All Information Required by Title 18. The application shall contain all information required by Title 18. (e) The days of the week and the hours of operations the proposed commercial shooting facility is proposed to be open. (f) Whether the commercial shooting facility will be open to the public, open only to private membership, open to organizational training for law enforcement officers or members of the armed forces, of any combination of these. (g) Professional Evaluation. An evaluation of the commercial shooting facility design and safety plan performed prior to the application shall contain the following; (i) The evaluation must be performed by an NRA range technical team advisor (RTTA) or a professional engineer with expertise in the design of shooting ranges that reports any safety issues or proposed uses which are inconsistent with the NRA Range Source Book for facility designs and institutional controls or qualified consultant that meets the credentials previously stated. The evaluation must be in written form and signed by the evaluator. (ii) The department may, at county expense, arrange for an additional or independent inspection and evaluation of the proposed commercial shooting facility, including the commercial shooting facility’s uses and institutional controls described in an application for an operating permit. In cases where there is dispute between the evaluation provided by the commercial shooting facility and the evaluation performed at the option of the county, the dispute shall be decided by the hearing examiner pursuant to Title 18. (h) For exploding targets used on a commercial shooting facility, plans for mitigation of noise impacts on neighbors. (i) Required Certification. Every application for an operating permit shall be accompanied by a notarized certification by the operator that the commercial shooting facility complies with this article, meets commonly accepted shooting facility safety Commented [PH69]: Janet Welch proposed the following similar language: Designs and safety procedures shall be evaluated by an NRA Range Technical Team Advisor (RITA) or by a professional engineer with experience in shooting facilities or other qualified professional consultant with experience and expertise in the evaluation and design of shooting ranges. Qualified professional consultants must demonstrate their education, experience and expertise by identifying their certifications from nationally recognized shooting organizations that provide such certifications, the number and location of shooting facilities they have designed or evaluated and contact information for those facilities. Their home facility will not count towards this qualification. Commented [PH70]: This was changed to cite the correct provision in the JCC. 13 and design practices, and will be operated in a manner that protects the safety of all persons present at the commercial shooting facility and the general public. (7) Commercial shooting facilities shall meet the following standards: (a) Containment of Projectiles at Each Shooting Range. Each shooting range within a commercial shooting facility shall be designed, constructed, operated and maintained to contain discharged projectiles within the commercial shooting facility property. Containment requires the use of the appropriate combination of overhead baffles, impact berms and sidewalls or side berms, as follows: (i) Overhead baffles shall be constructed of material of sufficient design to stop and contain any projectile fired from the most powerful cartridge authorized for use on that specific range, shall be placed at intervals that are sufficient to eliminate the possibility of a projectile to be fired over the top of any preceding or successive baffle, and shall extend downrange far enough to prohibit a projectile being fired over the top of the impact berm. (ii) Impact berms shall be constructed of material of sufficient height and thickness to stop and contain any projectile fired from the most powerful cartridge authorized for use on that specific range at any elevation that is not contained by the last overhead baffle. The surface of the impact berm should be free of large rocks and debris to reduce ricochet. (b) Sidewalls or side berms shall be constructed of material of sufficient height and thickness that will stop and contain any projectile fired from the most powerful cartridge authorized for use on that specific range at any elevation that is not contained by an overhead baffle or impact berm. (c) Institutional and Facility Controls. A commercial shooting facility shall use the NRA Range Source Book, or other engineered specifications that meet or exceed the standards established by the NRA Range Source Book, as a minimum to develop and implement institutional and commercial shooting facility controls for the safe operation, improvement and construction of shooting ranges. Commercial shooting facilities should engineer and construct commercial shooting facilities to reduce sound impacts on neighboring communities to the maximum extent feasible. (c) Safety Plan. Each shooting range shall have a safety plan as described in Subsection 6(b). Each shooting range shall be used only for the shooting activities identified in the safety plan. (d) Range Master or Range Officer. A commercial shooting facility shall have at least one qualified range master or range officer present when open to the public. When the Commented [PH71]: The Kitsap ordinance says “as described herein.” It was changed to add specificity. 14 commercial shooting facility is closed to the public, a commercial shooting facility member who has passed the minimum training requirements of the range shall be present. (e) Fire Codes. Commercial shooting facilities shall meet all applicable local fire codes. (f) Training for Units of the Armed Forces and Law Enforcement. A shooting range may not be used for training of units of the armed forces or law enforcement, unless the commercial shooting facility’s application identifies all proposed activities, types, and calibers of firearms to be used, and the commercial shooting facility is currently certified by the regional command as meeting the armed forces or law enforcement range safety manuals and standards. This does not restrict individual members of the armed forces, or law enforcement to use a commercial shooting facility for improving their individual skills with privately owned firearms. (g) Exploding Targets. A commercial shooting facility may allow the use of exploding targets (e.g., Tannerite, etc.) as provided in this subsection. Use of exploding targets is limited to one day per calendar month during a designated four-hour period between the hours of 9:00 a.m. to 5:00 p.m. The commercial shooting facility must designate the day and time of use in its application. If used, exploding targets must meet parameters defined and identified in the safety plan, including that exploding targets shall only be used within the parameters defined by the manufacturer, and shall not exceed one-half pound of mixture. A commercial shooting facility allowing use of exploding targets shall demonstrate how it mitigates the noise impacts on surrounding neighbors. Mitigation may be an approved bunkering system that surrounds the target on three sides and forces the sound back towards the shooter and upward. (h) Cannons. If a commercial shooting facility utilizes cannon(s) for audio effect purposes, a noise variance per Chapter 8.70 JCC shall be required. (i) Ready Contact to Emergency Services. All commercial shooting facilities shall provide a means for participants and spectators to readily contact emergency services such as fire or emergency medical services. (j) Shooting Near Shorelines, Wetlands or Wetland Buffers. Commercial shooting facilities within five hundred yards of a shoreline, wetland or wetland buffer must orient the firing away from these areas or demonstrate how bullets are contained so that they do not enter these areas. Commented [PH72]: This was changed to cite the correct provision in the JCC. 15 (k) Direction of Fire. Firing lines, targets and target lines must be located so that the direction of fire is not toward any structure housing people or domestic animals located within five hundred yards of the point of discharge. (l) Cowboy Action Shooting. Commercial shooting facilities conducting cowboy action shooting, practical shooting, and similar sports shooting matches must meet the following requirements: (i) A commercial shooting facility is limited to two competition events per calendar month; (ii) All such competition events or practices shall take place on a range constructed in compliance with subsection 6(b); (iii) For any competition event or practice in which shooting takes place where overhead baffling is not present, an on-duty range control officer must be present at the practice site alongside the shooter; (iv) For practice in which shooting takes place where overhead baffling is not present, the commercial shooting facility must limit the hours of practice to daylight hours between 9:00 a.m. to 5:00 p.m.; and, (v) Practice must be restricted to one range at any given time. (8) Expansion of Commercial Shooting Facility. Each owner or operator of a commercial shooting facility must apply to the department for an amendment to the operating permit when additional firing lines, firing lanes, or shooting ranges are proposed or the design of any commercial shooting facility range is altered beyond the scope of the original permit approval. Such proposed changes shall not be implemented prior to department approval. Exceptions: (a) Routine maintenance of existing berms, backstops, structures and facilities shall not be construed as a change requiring an amendment to an operating permit. (b) Changes to shotgun range configuration or safety plan procedure shall not be construed as a change requiring an amendment to an operating permit if the discharged shot is wholly contained on the commercial shooting facility property. 16 (c) Changes to rifle or pistol range configuration or safety plan procedure shall not be construed as a change requiring an amendment to an operating permit if the direction of fire and safety structures are not altered and the safety procedures are not reduced. (9) Renewal Applications. An application for renewal of an operating permit shall include a current copy of the commercial shooting facility safety plan. Permit renewal does not require the submittal of layout and design documents or a written evaluation by an RTTA or professional engineer if the commercial shooting facility range design has not been altered from previously approved submittals. However, the application must include a written statement by the owner of the commercial shooting facility declaring that no such changes have been made. (10) Inspection Required. During the operating permit review or renewal process, the department shall inspect the commercial shooting facility to determine that the ranges are consistent with the application descriptions and to assess any deficiencies or corrective actions necessary to meet the intent of this article. The department shall inform the applicant of any deficiencies or corrective actions to be taken and allow a reasonable time for the owner or operator to take corrective action. The department may reinspect the commercial shooting facility to verify corrective action. (11) Appeal of Decisions on Applications. Application for a new or renewed operating permit shall be processed, reviewed and be appealable under the procedures for a Type I administrator’s decision pursuant to Section 18.40.260. Permit renewals shall be issued without additional restrictions provided there have been no substantial changes to range design or operation. Permit renewals may not be unreasonably withheld. Commercial shooting facilities shall be allowed to continue operations while a review of a permit renewal is performed. (12) Noncompliance. Upon receiving evidence of noncompliance with the operating permit or receiving evidence of a reasonable likelihood that humans, domestic animals, or property have been or will be jeopardized, the department will contact the commercial shooting facility within one business day and will give the commercial shooting facility a written notice of the complaint. The owner or operator shall make the commercial shooting facility available for inspection not later than two business days after receiving a request for an inspection. (a) If the department concludes there is a life safety violation of this article or the terms of the operating permit, the department may suspend or modify the permit to close the range or modify range operations and shall provide the owner or operator a written Commented [PH73]: This section should be considering in connection with the vesting discussion about the original permit. Commented [PH74]: This was changed to cite the correct provision in the JCC. 17 notice that shall set forth each claimed violation with a specific reference to the applicable article provision or permit condition. The owner or operator shall have thirty days to respond in writing and to take any necessary corrective measures. The department shall be provided access to the commercial shooting facility to verify compliance after providing notice and scheduling an appointment. An operating permit that has been suspended requires the commercial shooting facility to cease any firing activities. (b) A department decision to suspend, modify, or revoke an operating permit may be appealed to the hearing examiner pursuant to the procedures for such an appeal in Title 18. 8.xx.040 Commercial shooting facility environmental controls. Each commercial shooting facility operator shall develop and submit an environmental stewardship plan to reclaim lead, cartridges and wadding deposited by shooting activities. The director shall approve this environmental stewardship plan. 8.xx.050 Review committee. The Jefferson County board of commissioners may direct the director to establish a review committee to evaluate proposed changes to the commercial shooting facility requirements governed by this article. The review committee will consist of the director or the director’s designee (chair), Jefferson County sheriff or the sheriff’s designee, a representative of each currently permitted commercial shooting facility in unincorporated Jefferson County and an equal number of citizens at large appointed by the Jefferson County board of commissioners. The citizens at large shall go through the appropriate application process. An appointed citizen at large may not be a member of or affiliated with any established commercial shooting facility in unincorporated Jefferson County.. 8.xx.060 Exceptions. Commercial shooting facilities and ranges that solely conduct trap, skeet, sporting clay or five stand shooting operations are exempt from this article if they meet the following conditions: (1) Shells fired are not greater than No. 7-1/2 shot; and, (2) The commercial shooting facility has sufficient land to contain all shot fired. 8.xx.070 Limitations on Applicability of this Article. Nothing in article shall be construed as: Commented [PH75]: This was changed to cite the correct provision in the JCC. Commented [PH76]: Modified slightly for clarity and to change “integrated lead management program plan” to environmental stewardship plan. Commented [MM77]: I agree. Commented [PH78]: Jefferson County did not follow this approach for this review committee. Commented [PH79]: Jefferson County did not follow this approach for this review committee. Commented [MF80R79]: I find it useful having such a member on our committee. Commented [PH81]: This section was modified substantially to address issues discussed at the 9/13/18 review committee meeting. This section makes clear what is not covered by the ordinance and points out prohibitions already existing in state and federal law that would prevent certain activities about which citizens have expressed concerns. Commented [PH82]: Janet Welch requested that limitations from the Gig Harbor ordinance be added as follows: Exemptions added from Gig Harbor, need to revisit with respect to indoor facilities The terms of this chapter shall not apply to indoor shooting ranges, public outdoor shooting ranges developed and operating as of the effective date of the ordinance codified in this chapter, private outdoor shooting ranges where no fee is charged or membership required for the use of the facility and where firing occurs less than five times per month by other than the property owner or lessee, or to ranges used exclusively for archery; provided, any expansion of a public outdoor shooting range beyond that developed and operating as of the effective date of said ordinance, or beyond the terms of a permit issued hereunder, shall require issuance of a new special use permit and the total facility shall be subject to the standards of this chapter. [Ord. 96-076, § 4, 5-6-96.] However, I believe all these issues are covered in this section or in the limitations on the definition of commercial shooting facility. 18 (1) Authorizing an application or a permit for a commercial shooting facility to be located in whole or in part in an area designated as an area where the discharge of firearms is prohibited under Chapter 8.50 JCC. Shooting ranges in such areas are expressly prohibited. (2) Permitting the discharge of firearms, the ownership or possession of which is otherwise prohibited by law. (3) Permitting the use or possession of a firearm by an individual who is otherwise prohibited by law from owning or possessing that firearm. (4) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal law. (5) Allowing the discharge of tracer or incendiary ammunition at any commercial shooting facility. (6) Allowing or authorizing the discharge of a destructive device as that term is defined in 25 U.S.C. Section 5845(f) as it now exists or hereafter may be amended or any explosive as that term is defined in RCW 70.74.010(5) as it now exists or hereafter may be amended. (7) Allowing or authorizing the discharge of a machine gun as that term is defined in 25 U.S.C. Section 5845(b) or RCW 9.41.010(17), as they now exists or hereafter may be amended, unless specifically authorized under RCW 9.41.190(3). (8) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun as those terms are defined in RCW 9.41.010, as they now exists or hereafter may be amended, unless specifically authorized under RCW 9.41.190(3). (9) Permitting commercial shooting facility to maintain or create a public nuisance as defined in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter 8.70 JCC, JCC 15.05.100, or Chapter 18.10 JCC, as they now exist or hereafter may be amended. (10) Abridging or altering the rights of action by the state, by the county or by persons, which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance. (11) Limiting a court of competent jurisdiction from ruling that a commercial shooting facility has been found to create a public nuisance, requiring additional noise, environmental or safety controls as a condition of continuing an operation of a commercial shooting facility. Commented [PH83]: This was changed to cite the correct provision in the JCC. Commented [PH84]: This section exempts peace officers and members of the armed forces in the discharge of official duty. Commented [MF85R84]: What about WDFW folks? Commented [PH86R84]: They are peace officers—see RCW 77.15.075(1). Commented [PH87]: This section exempts peace officers and members of the armed forces in the discharge of official duty. 19 (12) Nullifying or rendering void the terms of any existing or future injunctive order issued by a court of competent jurisdiction pertaining to operations or activities at a shooting range or commercial shooting facility.