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HomeMy WebLinkAboutCommercial Shooting Facilities – DRAFT 8Chapter 8.xx Commercial Shooting Facilities – DRAFT 8 8.xx.010 Purpose. The purpose of this article is to provide uniform requirements for the establishment and operation of all commercial shooting facilities in unincorporated parts of the county. 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 in the county 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. 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 shooting 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. (6)“BMP” means best management practice or practices. (7)“Bullet” means a single projectile fired from a firearm. Commented \[PH1\]: This is the definition from the NRA Source Book (2012) that will be used to make clear what the ordinance means when it uses the term bullet. Examples: Definition of baffles, berm, cartridge, impact area, etc. 1 (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 steel, metal alloy or plastic. Commented \[pch2\]: Added to address suggestion from (10)“Cold Range” means a shooting range on which all firearms are to be unloaded at all times, Joe D’Amico at July 11, 2018 Review Committee meeting. unless instructed otherwise by a range master or a range officer. (11)“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 that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; (b)Any portion of a privately-owned property used for lawful shooting practice solely by its owner or guests without payment of any compensation to the owner of the privately- owned property. (12)“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. (13)“Critical areas” mean critical areas as defined in Chapter 18.22 JCC, as it now exists or may be hereafter amended. (14)“Daylight hours” means one-half hour before sunrise until one-half hour after sunset. Commented \[pch3\]: Previously undefined. Definition added for clarity. (15)“Department” means the county department of community development. (16)“Director” means the director of the county department of community development. (17) “Environmental Stewardship Plan” means a plan for mitigating the environmental impacts of commercial shooting facilities as required by JCC 8.xx.050. 2 (18) “Expansion” means any proposed change that increases the existing activities and uses Commented \[pch4\]: This was proposed for deleting, but I permitted for the commercial shooing facility, including expansions of a commercial suggest we kept this definition so definition of exploding target is clear. shooting facility lawfully operating as of the effective date of the ordinance codified in this article. Examples of expansions include but are not limited to additional firing positions, Commented \[pch5\]: This is the definition from the U.S. Code: lengthened periods of operations, increases in permitted firearm caliber or range or increased (4)The term “destructive device” means— size of shot fall or direct fire zones. Modifications made solely through routine maintenance (A)any explosive, incendiary, or poison gas— of a commercial shooting facility, such as the installation of sewer, water or other utilities, (i) bomb, pavement of a parking lot, the installation of safety baffles, construction of side or backstop (ii) berms, or the construction or remodel of a clubhouse, shall not be considered an expansion. grenade, (iii) (19)“Exploding target” means a target that explodes when hit by a projectile. rocket having a propellant charge of more than four ounces, (iv) (20)“Explode” means burst or shatter violently and noisily from rapid combustion, missile having an explosive or incendiary charge decomposition, excessive internal pressure, or other process, typically scattering fragments of more than one-quarter ounce, widely. (v) mine, or (21)“Firearm” means a weapon or device from which a projectile or projectiles may be fired by (vi) device similar to any of the devices described in an explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, the preceding clauses; short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as (B) those terms are defined in RCW 9.41.010 as it exists now or hereafter may be amended. The any type of weapon (other than a shotgun or term “firearm” shall not include: (a) devices, including but not limited to “nail guns,” which a shotgun shell which the Attorney General finds is generally recognized as particularly suitable are used as tools in the construction or building industries and which would otherwise fall for sporting purposes) by whatever name known within this definition; or, (b) a “destructive device” as defined in 18 U.S.C. §921(a)(2) as it which will, or which may be readily converted exists now or hereafter may be amended. to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in (22)“Firing line” means a line parallel to the targets from which firearms are discharged. diameter; and (C) (23)“Firing point” means a location from which one individual fires at an associated target any combination of parts either designed or located down range. intended for use in converting any device into any device described in subparagraph (A) or (B) and from which a destructive device may be (24)“Five-stand shooting” means a shotgun shooting sport where there are five stations or stands readily assembled. on the firing line and multiple strategically placed target throwers that throw targets in front The term “destructive device” shall not include of the firing line. any device which is neither designed nor redesigned for use as a weapon; any device, (25)“Hazardous substance” means any liquid, solid, gas, or sludge, including any material, although originally designed for use as a weapon, which is redesigned for use as a substance, product, commodity, or waste, regardless of quantity, that exhibits any of the signaling, pyrotechnic, line throwing, safety, or physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173- similar device; surplus ordnance sold, loaned, or 303-100 as they now exist or may be amended in the future. given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which (26)“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated the Attorney General finds is not likely to be ... \[1\] as hazardous and/or mixed waste by the United States EPA. Commented \[pch6\]: Added provide definitions for the financial assurance requirements raised by Stuart Whitford (27)“Hot Range” means a shooting range on which all firearms are allowed to be loaded at all during the 7/11/18 Review Committee meeting. times. Commented \[pch7\]: Added provide definitions for the financial assurance requirements raised by Stuart Whitford (28)“Impact area” means the area in a backstop or bullet trap directly behind the target where during the 7/11/18 Review Committee meeting. bullets are expected to impact or the area downrange where bullets will impact if not Commented \[pch8\]: Added to address suggestion from captured by a backstop or bullet trap. Joe D’Amico at July 11, 2018 Review Committee meeting. 3 (29)“Indoor facility” means a commercial shooting facility within a fully enclosed structure. (30)“Law enforcement officer” means “law enforcement” officer as defined in RCW 9.41.010 Commented \[pch9\]: Depending on how this is used in the ordinance we might need to clarify whether Tribal law (12) and “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c), as enforcement are included in this definition. they now exist or are hereafter amended. (31)“Life safety incident” means an incident that causes, ballistic trauma to an individual or domestic animal. (32)“Member of the armed forces” means a member of the armed forces, when on duty. (33)“Noise Baffle/Berm” means a baffle or berm designed to inhibit the transmission of sound Commented \[pch10\]: I don’t see where this definition is used. waves. For the avoidance of doubt, a noise baffle/berm may include trees. (34)“NRA Range Source Book” means the most current version of The NRA Range Source Book published by the National Rifle Association. (35)“Operator” means the person operating the commercial shooting facility. (36)“Operating Permit” means the operating permit required by this article. (37)“Or” means both or and and/or. (38)“Outdoor facility” means a commercial shooting facility that is not an indoor facility. (39)“Owner” means the holder of title to the real property on which a commercial shooting facility is located. (40)“Person” means person as that term is defined in RCW 1.16.080 as it now exists or hereafter is amended. (41)“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 commercial shooting facility. (42)“Practical shooting” means a sport that 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. (43)“Projectile” means an object fired from a firearm with an explosive propelling charge. . (44)“Qualified Shooting Range Evaluator” means a person who has been a NRA range technical Commented \[pch11\]: This definition is new and was team advisor or who is a professional engineer with expertise in the design of shooting added to simplify the Professional Evaluation section. ranges. 4 (44)(45)“Range manual” means a manual on operations and maintenance at commercial shooting facilities. (45)(46)“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 requirements of this article and any additional safety specifications that may be adopted by the operators of the commercial shooting facility. At a minimum, a range master and a range officer 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 (46)(47)“Routine maintenance” means simple, small-scale activities (e.g., repairing berms or structures or property maintenance for which permits are not required.) (47)(48)“Rules and regulations” means standards used in the operation of a commercial shooting facility. (48)(49)“Safety fan” means all areas in or outside a shooting range where projectiles, including errant projectiles, may impact or ricochet. The safety fan extends to the maximum range of the most powerful cartridge and firearm used on the shooting range unless adequate physical containment is provided. When physical containment is adequate, the safety fan is limited to the area within the containment. (49)(50) “Safety plan” means the written procedures or policies of a commercial shooting facility that specifically define the safety requirements for the commercial shooting facility as required by JCC 8.xx.040. (50)(51)“Shoot house” means a structure, sometimes roofless that simulates multi-room buildings. (51)(52)“Shooting range” consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges. (52)(53)“Skeet shooting” means a shotgun shooting sport where shooter is on the firing line and shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front of the shooter. (53)(54)“Sporting clays” means a form of clay pigeon shooting that consists of multiple shooting stations laid out over natural terrain such that target presentations simulate the unpredictability of live quarry shooting. (54)(55)“Target” means a mark to shoot at. (55)(56)“Target line” means the line where targets are placed. (56)(57)“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 5 trail of smoke, chemical incandescence, or fire, to facilitate adjustment of the aim of a firearm. (57)(58)“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 Operating Permit Required. (1)Commercial shooting facilities shall be authorized and operated in accordance with an operating permit issued by the department. No proposed or existing commercial shooting facility may operate without an operating permit. Failure to obtain an operating permit shall result in closure of the commercial shooting facility until such time a permit is obtained. Commercial shooting facilities that operate without an operating permit are subject to enforcement, including but not limited to injunctive relief. The operating permit shall govern the scope of operations of each commercial shooting facility, and shall be issued, denied, or conditioned based upon the standards set forth in this article. (2)The operating permit is not intended to alter the legal nonconforming use status and rights of existing commercial shooting facilities, which are governed by Title 18 JCC and the common law, nor shall this operating permit authorize expansion of commercial shooting facility uses that otherwise require approval pursuant to a conditional use permit or other land use permits per Title 18 JCC. (3) New Commercial Shooting Facilities. The owner or operator of a proposed new commercial shooting facility shall apply for an operating permit at the time of the conditional use permit application. A hearing examiner considering a conditional use permit application shall review the operating permit application as part of the review of the conditional use permit application. (4)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 an operating permit not later than ninety (90) days after the effective Commented \[MM12\]: Is this enough time. date of the ordinance codified in this article or within such other period as established by the director in consultation with the applicant. (5)Inspections and Annual Report Required. (a)Pre-Operation Inspection. Prior to issuing any operating permit, the department shall inspect the commercial shooting facility to determine that the commercial shooting facility complies with any applicable conditional use provisions required by Title 18 JCC and the standards set forth in this article. (b)Annual report. The holder of the operating permit shall submit a report to the department on an annual basis in a form required by the department. The annual report is due each year on the last day of the same month the operating permit was issued. The annual report shall include: 6 i.A written statement by the owner of the commercial shooting facility declaring that the commercial shooting facility is compliant with the initial operating permit approval; ii.A statement of any changes to the plans required in the application; and, iii.A current statement of general liability insurance and any monitoring data required by an operating permit or any applicable conditional use permit issued pursuant to Title 18 JCC. (c)Annual Inspection. After issuance of an operating permit, commercial shooting facilities shall be subject to an annual inspection by the department following submission of the annual report required by this section. (d)Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt by the director of any of the following: i.A claim of noncompliance with the operating permit; or, ii.A claim that there exists a reasonable likelihood that humans, domestic animals, or property have been or will be jeopardized by the operations of the commercial shooting facility. For noncompliance inspections: i.The department shall have the authority to establish procedures for noncompliance inspections. ii.The department shall contact the commercial shooting facility within one business day and shall give the commercial shooting facility a written notice of the complaintclaim; and, iii.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 from the department. (e)Following an annual inspection or a noncompliance inspection: i.The department shall inform the owner or operator in writing of any deficiencies or corrective actions to be taken; 7 ii.The owner or operator shall take corrective action within a reasonable time, as determined by the department in consultation with the operator; and, iii.The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken. (f)Life Safety Incident. If the director determines there was a life safety incident: i.The director may suspend or modify the operating permit, close the commercial shooting facility or a shooting range, or modify shooting range operations; ii.The director shall provide the owner or operator a written notice that shall set forth each claimed life safety incident with a specific reference to applicable violation of this article or operating permit and the corrective measures to be taken; iii. The owner or operator shall respond in writing to the written notice provided by the director and shall take any necessary corrective measures within a reasonable time, as determined by the department in consultation with the operator; iv.The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken; v.The department shall verify that corrective action has been taken; and, vi.Until the corrective measures are completed and verified, the director’s determination in subsection (f)i. shall remain in effect. (g)Effect of a Suspension of an Operating Permit. An operating permit that has been suspended requires the commercial shooting facility to cease any firing activities until the permit has been reinstated by the director. (6)In addition to the operating permit required by this article, land use permit applications may be required. Land use permit applications for a commercial shooting facility shall be governed by Title 18 JCC. 8.xx.040 Application for a Commercial Shooting Facility Operating Permit. (1)The application for a commercial shooting facility operating permit shall contain the following components with the information required in the subsections that follow: 8 Formatted: Highlight (a)Facility Design Plan; (b)Safety Plan; (c)Operations Plan; (d)Environmental Plan; and, (e)Professional Evaluation. (f)Certification. (g)A list of all property owners prepared by a title company within the distance of the safety fan but no less than one mile. (2)Facility Design Plan. The Facility Design Plan shall contain at least the following elements: (a)Locations and dimensions of all walkways; (b)Locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; (c)Locations and dimensions of firing lines or firing points, target lines and impact areas to includeincluding any related buildings; (d)Locations, dimensions and slope of all backstops and side berms, whether natural feature or manmade and the volume, source, and type of all materials; (e)Locations and dimensions of any baffles and containment structures; (f)Location of any security fencing; (g)The safety fan for each shooting range proposed; (h)Approximate location of buildings on adjoining property; (i)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; 9 (j)Horizontal drawings of the baffles and containment structures, and a description of the materials to be used for them; (k)For rifle and pistol shooting ranges: i.The location and dimension of the safety fans and component parts for each shooting range; ii.Longitudinal cross-sections, with elevations, of that portion of each shooting 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, iii.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. (l)For five-stand shooting, skeet shooting, sport clay shooting and trap shooting ranges, the location and dimension of the shotfall zones and component parts; (m)For practical shooting ranges without overhead baffles, a safety fan diagram based on the most powerful cartridge proposed to be shot on the shooting range; and, (n)Elevations of all shooting ranges showing target area, backstops and berms. (3)Safety Plan. The Safety Plan shall contain at least the following elements: (a)Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges; (b)An emergency plan, to include provision for immediate notification to 911 of any life safety incident and on the next business day to the department. (c)Methods for documenting the accidental or unintended release of a bullet anywhere at or from the commercial shooting facility, which documentation shall be made available to the department; (d)Provision for the safe loading and unloading of firearms; (e)A requirement that range masters and range officers shall complete the necessary training and obtain certification to be a range master or range officer from the National Rifle 10 Association, the Washington State Criminal Justice Commission, or an armed forces equivalent; (f)A requirement that at least one range master or range officer be present when shooting is occurring; (g)Provision for specific safety requirements for any cowboy action shooting, practical shooting, and similar sports shooting matches at any shooting range; (h)Rules and regulations for changing the use of shooting ranges from cold ranges to hot Commented \[pch13\]: Added to address suggestion from ranges or vice versa; Joe D’Amico at July 11, 2018 Review Committee meeting. (i)A means for participants and spectators to readily contact emergency services such as fire or emergency medical services; (j)A requirement that firing lines, targets and target lines shall 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; and, (k)A requirement that where shooting is taking place within five hundred yards of a shoreline, wetland or wetland buffer the owner, operator and shooter shall orient the firing away from the shoreline, wetland or wetland buffer or demonstrate how bullets are Commented \[MM14\]: Come back to these when we contained so that they do not enter the shoreline, wetland or wetland buffer. discuss standards. (4)Operations Plan. The Operations Plan shall contain at least the following elements: (a)The days of the week and the hours of operations; (b)Whether the commercial shooting facility will be open to the public, open only to private membership, open to organizational training for law enforcement officers, members of the armed forces, or any combination of these; (c)The types and largest caliber of firearms, ammunition and shooting intensity to be allowed on each shooting range; (d)Type of shooting proposed on each shooting range; Commented \[MM15\]: Revisit – got worn out. (e)Maximum anticipated intensity. 11 (f)Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on neighbors; (g)A requirement that if cannons are to be used for audio effect purposes, a noise variance is Commented \[MM16\]: Reconsider as a standard? required per Chapter 8.70 JCC; (h)A requirement that 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 but that does not restrict individual members of the armed forces, or law enforcement to use a commercial Commented \[MM17\]: Delete? Discuss with standards? shooting facility for improving their individual skills with privately owned firearms. (i)A requirement that the owner or operator maintain comprehensive general liability insurance coverage, with a minimum coverage amount of one million dollars for each occurrence and combined single limit during operation of the commercial shooting facility; (j)A requirement that certificates of insurance for all policies that provide insurance coverage for the commercial shooting facility be provided to the department evidencing continuous insurance coverage required by the Operations Plan within fifteen (15) days of approval Operations Permit that include: i.The limits of coverage; ii.The names and addresses of any certificate holders; and, iii.A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the department. (k) A requirement that the department be notified of any change in the insurance required by Commented \[MM18\]: Discuss with standards? the Operations Plan. (5)Environmental Plan. Each commercial shooting facility operator shall develop and submit an environmental plan that shall be approved by the director. The minimum requirements for an environmental plan are: (a)BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding. 12 (b)At indoor facilities, BMPs for lead as 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, as it exists now or hereafter is amended. Commented \[MM19\]: Only place indoor facilities is mentioned. (c)At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005 Commented \[MM20\]: publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists Only place indoor facilities are mentioned. now or hereafter is amended. (d)BMPs for noise for compliance with Chapter 173-60 WAC (maximum environmental noise levels), as it exists now or hereafter is amended. (e)If, other than lead, any hazardous substance or hazardous waste will be stored at the commercial shooting facility, the Environmental Plan shall also include: (i)A plan for compliance with requirements for the handling and closure of facilities for storage or use of the hazardous substance or hazardous waste; and, (ii)A plan for financial assurance for addressing any remediation of hazardous substances or hazardous waste. Commented \[pch21\]: This section has been modified as (6)Professional Evaluation. The Professional Evaluation shall contain at least the following follows: elements: (1) A definition of “qualified shooting range evaluator” Formatted: Default Paragraph Font has been added to simplify the section. (2)A required certification has been added that certifies (a)An evaluation of the operating permit application shall be performed by an NRA range the operating permit application satisfies all the requirements of this article. technical team advisor 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 shall be in written form and signed by the evaluator;qualified shooting range evaluator (as defined above) that meets the following minimum requirements: i.The evaluation shall discuss any safety issues not addressed by the operating permit; ii.The evaluation shall discuss any proposed uses that are inconsistent with the NRA Range Source Book for facility designs and institutional controls; iii.The evaluation shall certify that the operating permit application satisfies all the requirements of this article; and, iv.The evaluation shall be in written form and signed by the qualified shooting range evaluator. (b)The department may, at county expense, arrange for an additional or independent inspection and evaluation of the proposed commercial shooting facility, including the 13 commercial shooting facility’s uses and institutional controls described in an application for an operating permit. (c)If 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 the procedures in JCC 18.05.080 and JCC 18.05.085. (7)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 and design practices, and shall be operated in a manner that protects the safety of all persons present at the commercial shooting facility and the general public. 8.xx.050 Review Committee. The 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 shall consist of the director or the director’s designee (chair), The county sheriff or the sheriff’s designee, a representative of each currently permitted commercial shooting facility in unincorporated parts of the county and an equal number of citizens at large appointed by the county board of commissioners. The citizens at large shall go through the appropriate application process. 8.xx.060 Exceptions. Commercial shooting facilities and ranges that solely conduct five-stand shooting, skeet shooting, sport clay shooting and trap shooting range 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: (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. 14 (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 26 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. (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. 15 Page 3: \[1\] Commented \[pch5\] Philip Hunsucker 7/22/2018 12:53:00 PM This is the definition from the U.S. Code: (4)The term “destructive device” means— (A)any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.