HomeMy WebLinkAboutCSF Ordinance DRAFT 12 RedlineChapter 8.xx
Commercial Shooting Facilities – DRAFT 1213
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 that 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)“Aggrieved party” means a person who can demonstrate that a decision by the director or
Commented \[PH1\]:
Added to clarify appeal rights. See
new JCC 8.xx.060 and 8.xx.070, below.
a hearing examiner will prejudice them or their interests that are protected by federal or
state law or JCC.
(2)“Annual inspection” means the annual inspection discussed in JCC 8.xx.030(5)(c).
Commented \[PH2\]:
Added for clarity.
(3)“Applicant” means a person applying for an operating permit.
Commented \[PH3\]:
Added to: (1) Define applicant; and,
(2) Clarify appeal rights. See new JCC 8.xx.060 and
8.xx.070, below.
(1)(4)“Armed forces” means the armed forces of the United States or of the National Guard or
organized reserves.
(2)(5)“Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
(3)(6)“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)(7)“Ballistic trauma” means wounds from the discharge of firearms.
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(5)(8)“Berm” means an embankment used for restricting bullets to a given area, or as a protective
or dividing wall between shooting areas.
(6)(9)“BMP” means best management practice or practices.
(7)(10)“Bullet” means a single projectile fired from a firearm.
(8)(11)“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)(12)“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.
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Added for clarity and to shorten the
(13)“CFR” means the Code of Federal Regulations, as it now exists or is later amended.
ordinance.
(10)(14)“Cold Range” means a shooting range on which all firearms are to be unloaded at
all times, unless instructed otherwise by a range master or a range officer.
(11)(15)“Commercial shooting facility” means an indoor facility or outdoor facility
designed and specifically designated 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)(16)“Cowboy action shooting” means a type of match using one or a combination of
firearms in “Old West themed” courses of fire for time and accuracy.
(13)(17)“Critical areas” mean critical areas as defined in Chapter 18.22 JCC, as it now exists
or may be hereafter amended..
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(14)(18)“Daylight hours” means one-half hour before sunrise until one-half hour after
sunset.
(15)(19)“Department” means the county department of community development.
(16)(20)“Director” means the director of the county department of community
development.
(17)(21) “Environmental Plan” means a plan for mitigating the environmental impacts of
commercial shooting facilities as required by JCC 8.xx.040(5).
(18)(22) “Expansion” means any proposed change that increases the existing activities and
uses permitted for a commercial shooing facility, including expansions of a commercial
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,
lengthened periods of operations, increases in permitted firearm caliber or range, or
increased size of shot fall or direct fire zones. 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.
(19)(23)“Exploding target” means a target that explodes when hit by a projectile.
(20)(24)“Explode” means burst or shatter violently and noisily from rapid combustion,
decomposition, excessive internal pressure, or other process, typically scattering fragments
widely.
(21)(25)“Facility Design Plan” means the written procedures or policies of a commercial
shooting facility that specifically define the facility design requirements for the commercial
shooting facility as required by JCC 8.xx.040(2).
(26)“False Report” means a report of violation that results in the dispatch of emergency services
Commented \[PH5\]:
Added for clarity in connection with
for a violation of this article when, in fact, there was no violation of this article and no vexations reports of violations.
reasonable belief there was a violation of this article.
(22)(27)“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: (a) devices, including but not limited to
“nail guns,” which are used as tools in the construction or building industries and which
would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. §921(a)(2) as it exists now or hereafter may be amended..
(23)(28)“Firing line” means a line parallel to the targets from which firearms are discharged.
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(24)(29)“Firing point” means a location from which one individual fires at an associated
target located down range.
(25)(30)“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.
(26)(31)“Hazardous substance” means any liquid, solid, gas, or sludge, including any
material, substance, product, commodity, or waste, regardless of quantity, that exhibits any
of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC
173-303-100 as they now exist or may be amended in the future..
Commented \[PH6\]:
Added for clarity and to shorten the
(27)(32)“Hazardous waste” means those solid wastes designated by 40 CFR Part 26140
ordinance.
CFR Part 261 and regulated as hazardous and/or mixed waste by the United States EPA.
Commented \[PH7\]:
Revised to address tribal officer issue.
And to provide greater clarity.
(28)(33)“Hot Range” means a shooting range on which all firearms are allowed to be loaded
at all times.
(29)(34)“Impact area” means the area in a backstop or bullet trap directly behind the target
Commented \[PH8\]:
Tribal Peace Officer
where bullets are expected to impact or the area downrange where bullets will impact if not
Certification
captured by a backstop or bullet trap. Under RCW 43.101.157, tribal governments may
voluntarily request certification for their police officers.
Tribal governments requesting certification for their
(30)(35)“Indoor facility” means a commercial shooting facility within a fully enclosed
police officers must enter into a written agreement
structure.
with the commission. The agreement must require the
tribal law enforcement agency and its officers to
comply with all of the requirements for granting,
(36)“JCC” means the Jefferson County Code, as it now exists or is later amended.
denying, and revoking certification as those
requirements are applied to peace officers certified
(31)(37)“Law enforcement officer” means “federal peace officer” as defined in RCW
under this chapter and the rules of the commission.
10.93.20(6), “general authority Washington peace officer” as defined in RCW 10.93.20(3),
“law enforcement” officer as defined in RCW 9.41.010 (12) and, “peace officer” as defined
Tribal officers making application for certification as
tribal police officers shall meet the requirements peace
in RCW 43.101.010(11), “limited authority Washington peace officer” as defined in RCW
officer certification.
10.93.20(4), “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c),
as they now exist or are hereafter amended. and, “specially commissioned Washington
Looking for forms? Peace Officer Certification Forms
peace officer” as defined in RCW 10.93.20(5). For the avoidance of doubt, “law
Tribal Peace Officer Certification FAQ
enforcement officers include certified officer” includes federal, tribal, state, and local
Are tribal Officers recognized as general
members of law enforcement organizations. certified by their jurisdiction to enforce the
authority peace officers?
laws of that jurisdiction.
Please see RCW 10.92.020(2) and confer with your
city/county attorney for further interpretation.
(32)(38)“Life safety incident” means an incident that causes, ballistic trauma to an
Is it required that tribal law enforcement
individual or domestic animal.
officers be certified?
Certification of tribal law enforcement officers is
(33)(39)“Member of the armed forces” means a member of the armed forces, when on duty.
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voluntary. The Commission does not require tribal
officers to obtain certification.
(34)(40)“NRA Range Source Book” means the most current version of The NRA Range
See:
Source Book published by the National Rifle Association.
https://fortress.wa.gov/cjtc/www/index.php?option=com_con
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tent&view=article&id=422&Itemid=33
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(35)(41)“Operations Plan” means the written procedures or policies of a commercial
shooting facility that specifically define the operations requirements for the commercial
shooting facility as required by JCC 8.xx.040(4).
(36)(42)“Operator” means the person operating the commercial shooting facility.
(37)(43)“Operating Permit” means the operating permit required by this article.
(38)(44)“Or” means both or and and/or.
(45)“Other Reports of Violations” means reports of violations that do are not life safety incidents
Commented \[PH9\]:
Added for clarity.
or threats to humans, domestic animals or property.
(39)(46)“Outdoor facility” means a commercial shooting facility that is not an indoor
facility.
(40)(47)“Owner” means the holder of title to the real property on which a commercial
shooting facility is located.
(41)(48)“Person” means person as that term is defined in RCW 1.16.080 as it now exists or
hereafter is amended..
(42)(49)“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.
(43)(50)“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.
(44)(51)“Projectile” means an object fired from a firearm.
(45)(52)“Qualified Shooting Range Evaluator” means a person who has been an NRA range
technical team advisor or who is a professional engineer with expertise in the design of
shooting ranges.
(46)(53)“Range manual” means a manual on operations and maintenance at commercial
shooting facilities.
(47)(54)“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
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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
(55)“RCW” means the Revised Code of Washington, as it now exists or is later amended.
Commented \[PH10\]:
Added for clarity and to shorten the
ordinance.
(56)“Report of Violation” means a report of a violation of this article received by the department
Commented \[PH11\]:
Added for clarity.
or the sheriff.
(48)(57)“Routine maintenance” means simple, small-scale activities (e.g., repairing berms
or structures or property maintenance for which permits are not required.)
(49)(58)“Rules and regulations” means standards used in the operation of a commercial
shooting facility.
(50)(59)“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.
(51)(60) “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(3).
(61)“Sheriff” means the elected sheriff of Jefferson County or designee.
(52)(62)“Shoot house” means a structure, sometimes roofless that simulates multi-room
buildings.
(53)(63)“Shooting range” consists of a firing line or firing points, and an impact area. A
commercial shooting facility may include multiple shooting ranges.
(54)(64)“Skeet shooting” means a shotgun shooting sport where the 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.
(55)(65)“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.
(56)(66)“Target” means a mark to shoot at.
(57)(67)“Target line” means the line where targets are placed.
(68)“Threatened Harm” mean a reasonable likelihood that humans, domestic animals, or
Commented \[PH12\]:
Added for clarity and to shorten the
ordinance.
property have been or will be jeopardized by the operations of the commercial shooting
facility.
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(58)(69)“Tracer or incendiary ammunition” means any ammunition causing or designed to
cause fires and includes a projectile or shell that traces its own course in the air with a trail
of smoke, chemical incandescence, or fire, to facilitate adjustment of the aim of a firearm.
(59)(70)“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.
(71)“U.S.C.” means the United States Code, as it now exists or is later amended.
Commented \[PH13\]:
Added for clarity and to shorten the
ordinance.
(72)“WAC” means the Washington Administrative Code, as it now exists or is later amended.
Commented \[PH14\]:
Added for clarity and to shorten the
ordinance.
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 pursuant to
Title 18 JCC shall review the operating permit application as part of the review of the
conditional use permit application.
(4)Established Commercial Shooting Facilities.
(a)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 one hundred eighty (180) days after the effective date of the ordinance
codified in this article or within such other period as established by the director in
consultation with the applicant. An
(a)(b)Subject to subsection (c), an established commercial shooting facility must obtain
and operating permit within one year of the effective date of this article. The operating
permit will be issued based on the Professional Evaluation (section__). Life safety issued
identified in the evaluation must be corrected prior to issuance of the operating permit. In
consultation with the owner or operator and the consultant, the department will establish a
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timeline for the remedying of those items (improvement Plan??) raised in the evaluation
identifying facility features that do not meet the safety objectives or prevention of
detrimental effects on critical area. If timeline is not met, permit can be cancelled. If no
agreement, the County shall agree to a mediation, if applicant does not agree within X days,
then hearing examiner will decide. The operating permit will be issued on the condition
of acceptance of that timeline. Issuance of the operating permit of an existing facility where
the professional evaluation has found deficiencies does not mean that the county has
deemed the facility in compliance with this article.
(2)Issuance of Operating Permit Does Not Create Liability for the County. Blah, Blah, Blah.
Commented \[PH15\]:
Revised for clarity below.
(c)If the professional evaluation (JCC 8.xx.040(7)) does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided:
i.Life Safety Deficiencies. All life safety deficiencies identified in the professional
evaluation must be corrected prior to issuance of the operating permit.
ii.Critical Area Deficiencies. Any proposed operation that likely would threaten to
cause an immediate detrimental impact to a critical area must be addressed to
remove that threat prior to issuance of the operating permit.
iii.Other Deficiencies.
A.In consultation with the owner or operator, the Qualified Shooting Range
Evaluator who performed the professional evaluation, and the director will
establish a timeline for remedying all the remaining deficiencies noted in the
professional evaluation that are not life safety deficiencies or critical area
deficiencies.
B.If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice
of agreement to attend mediation with the applicant to be concluded within 60
days, along with a proposed timeline for correction of the other deficiencies.
C.If the applicant does not agree to mediation within 7 days of the director sending
written notice, the timeline for correction of the other deficiencies proposed by
the director pursuant to subsection (4)(c)(iii)(B) shall be established.
D.The applicant may appeal the establishment of the timeline for correction of the
other deficiencies established pursuant to subsection (4)(c)(iii)(C) to the
hearing examiner pursuant to Section 8.xx.060.
E.The provisional operating permit shall be issued only on the condition of
acceptance by the applicant of the timeline established for correction of the
other deficiencies.
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F.Failure to adhere to the timeline for correction of the other deficiencies shall be
grounds for the director to terminate the provisional operating permit
immediately.
(4)(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 all
the requirements in the approved operating permit application.
(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:
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. The department shall develop a checklist for an
annual inspection. The checklist for the annual inspection shall be provided to the operator
at the time the operating permit is issued and shall be effective during the term of the
operating permit.
(d)Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt
by the director of any of the following claims:
i.A claim of noncompliance with the operating permit; or,
ii.A claim that there exists either a reasonable likelihood that humans, domestic
animals,life safety incident or property have been or will be jeopardized by the
operations of the commercial shooting facility. threatened harm.
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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
after receipt by the department of a claim pursuant to subsection (d) and shall give the
commercial shooting facility a written notice of the claim; 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, which may include any of the actions authorized by
subsection (f);
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;
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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.
(5)(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)Required Components. The application for a commercial shooting facility operating permit
shall contain the following components with the information required in the subsections that
follow:
(a)Facility Design Plan;
(b)Safety Plan;
(c)Operations Plan;
(d)Environmental Plan;
(e)Noise Abatement Plan; and,
(f)Professional Evaluation;
(g)Certification; and,
(h)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)For all indoor and outdoor commercial shooting facilities shall contain the following
elements:
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i.Locations and dimensions of all walkways;
ii.Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed; and,
iii.The component parts for each shooting range.
(b)For all outdoor commercial shooting facilities:
i.Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
ii.Locations, dimensions and slope of all backstops and side berms, whether natural
feature or manmade and the volume, source, and type of all materials of which they
are comprised;
iii.Locations and specifications of all baffles and containment structures;
iv.Location of all security fencing;
v.The safety fan for each shooting range proposed;
vi.Approximate location of buildings on adjoining property;
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vii.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;
viii.Horizontal drawings of the baffles and containment structures, and a description of
the materials to be used for them;
ix.For rifle and pistol shooting ranges:
A.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,
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B.Latitudinal cross-sections, from 10 feet outside all 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.
x.For five-stand shooting, skeet shooting, sport clay shooting and trap shooting
ranges, the location and dimension of the shotfall zones and component parts; and,
xi.Elevations of all shooting ranges showing target area, backstops and berms.
(3)Safety Plan. The Safety Plan shall contain at least the following elements:
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(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 transmitted to the
department within 7 days of the release;
(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
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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 all 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
ranges or vice versa; and,
(i)A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services.
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(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 and ammunition to be allowed on each shooting
range;
(d)Type of shooting proposed on each shooting range;
Commented \[MM16\]:
Ask Mr. Vargas.
(e)Maximum anticipated intensity;
(f)Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(g)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;
(h)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 all 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.
(i) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
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(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.
(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
hereafterlater is amended.
(c)At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005
publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists
now or hereafterlater is amended.
(d)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.
(6)Noise Abatement Plan. Each commercial shooting facility operator shall develop and submit
a noise abatement plan withdeveloped specifically for that facility. The noise abatement plan
shall:
(a)Identify potential noise issues and potential solutions to those issues;
(b)Describe sound abatement methodologies and technologies proposed for the facility;
(c)Provide a description of how the noise abatement program will be integrated into yearly
planning; and,
(a)(d)Contain BMPs to minimize noise nuisance consistent with the NRA Source Book
and Chapter 8.70 JCC (noise control), as it exists now or hereafter is amended. \[MELD
JANET’S LANGUAGE HERE.\]).
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(6)(7)Professional Evaluation. The Professional Evaluation shall contain at least the
following elements:
(a)An evaluation of the operating permit application shall be performed by qualified
shooting range evaluator (as defined above) that meets the following minimum
requirements:
xii.The evaluation shall discuss any safety issues not addressed by the operating
permit application;
xiii.The evaluation shall discuss any proposed uses that are inconsistent with the NRA
Range Source Book for facility designs and institutional controls;
xiv.The evaluation shall be in written form and signed by the qualified shooting range
evaluator.
xv.For new facilities, the evaluation shall certify that the operating permit application
satisfies all the requirements of this article.
xvi.For existing uses, the evaluation shall classify the ways in which the facility is
currently non-compliant with the article according to the following priorities:
A.Life safety issues which must be remedied prior to issuance of an
operating permit,
B.Facility design components that do not meet the safety objectives of this
article, and,
C.Facility design components that do not mitigate detrimental effects of the
facility on critical areas.
(b)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.
(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
16
18.05.085.applicant may dispute the evaluation performed at the option of the county by
appealing to the hearing examiner pursuant to Section 8.xx.060.
(1)Certification.
(a)Every application for an operating permit for a new commercial shooting facility shall be
accompanied by:
i.a notarized certification by the operator that the commercial shooting facility
complies with this article;
ii.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 persons on neighboring properties.
(c)Every application for an operating permit for an existing facility shall be
accompanied by a notarized certification by the operator that specifies the
following:
i.The operator will abide by the improvement plan agreed upon as a condition of
the issuance of the operating permit;
ii.Areas of non-compliance the commercial shooting facility will not increase over
time;
iii.That as much as possible the facility meets commonly accepted shooting facility
safety and design practices; and,
iv.hat the facility shall be operated in a manner that protects the safety of all
T
persons present at the commercial shooting facility and persons on neighboring
properties.
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8.xx.050 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide security measures to deter
unauthorized entry to any shooting range, such as barriers, berms, cameras, gates, fencing, on-
site security personnel, physical limits, or signage.
(2) Physical Containment. Commercial shooting facilities shall be designed and operated to keep
projectiles from leaving any shooting range or the commercial shooting facility.
(3) Critical Areas. Commercial shooting facilities shall be designed and operated to prevent
adverse public health and environmental impacts to critical areas.
Commented \[PH17\]:
Further discussion pursuant to Tom
(4) Non-applicability of JCC 18.20.350(8). JCC 18.20.350(8) shall not apply to commercial
Richardson’s 8/16/18 email?
shooting facilities.
Commented \[PH18\]:
Clarifies appeal rights.
8.xx.060 Effect Administrative Remedy for Decisions Made by the Director
Full Compliance
When decision is made pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures
in JCC 18.05.080 and JCC 18.05.085 by providing written notice of appeal to the director within
14 calendar days of the decision. The fee for such appeal shall be as set forth in the Jefferson
County fee ordinance and must be paid by the appellant at the time of filing the notice of appeal.
Commented \[PH19\]:
Clarifies appeal rights.
8.xx.070 Judicial Appeals
(1) Time to File Judicial Appeal. Within 30 calendar days of the date the decision or action
becomes final, the applicant or any aggrieved party may appeal from the final decision of the
director or the hearing examiner to a court of competent jurisdiction in a manner consistent
an Operating Permit
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to
filing a judicial appeal.
(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in JCC 8.xx.040(1)(h), within the applicable time period. This requirement is
jurisdictional.
(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of
transcribing and preparing all records ordered certified by a court or desired by the person
who filed the notice of appeal. Prior to the preparation of any records, the person who filed
18
the notice of appeal shall post an advance fee deposit in an amount specified by the county
auditor with the county auditor. Any overage will be promptly returned.
Commented \[PH20\]:
Revised title, added burden of proof,
8.xx.080 Safe Harbor for Owners and Operators.
and expanded concept from second sentence into 8.xx.090.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. More than one claim of a noise nuisance
Commented \[pch21\]:
Art will do homework. More like
the alarm ordinance?
from the same address about a commercial shooting facility in full compliance with this article
that is not substantiated shall not result in enforcement under this articleFor the avoidance of
doubt, the burden of proving full compliance is on the owner or operator.
8.xx.0608.xx.090 Reports of Violations of this Article
Commented \[PH22\]:
Art will present homework. I made
some suggested changes.
(1) Creation of a Form. The director, in consultation with the Sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Maintenance of Reports. The director shall maintain a copy of all reports of violations of
this article for at least two years following receipt of a report of violation.
(3) Discussion During Annual Inspection. During the annual inspection, all reports of violations
of this article shall be addressed by department and the owner or operator of a commercial
shooting.
(4) No Immediate Responses to Reports of Violations, Except for Life Safety Incidents or
Threatened Harm. The sheriff shall only immediately respond to reports of life safety
incidents or threatened harm that violate this article. In consultation with the department, the
sheriff shall develop a procedure for addressing other reports of violations.
(5) False Reports. After two or more false reports from the same address within a six-month
period, the sheriff in consultation with the director may declare that no further immediate
responses to reports of violation from that address will result in an immediate response for
the next six months
8.xx.100 Review Committee.
The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. The review committee shall consist of: (a) the director
of the department of community development or the director’s designee (chair); (b) Jefferson
County Sheriff or the Sheriff’s designee; (c) Jefferson County Director of Environmental Health
or the director’s designee; (c) a representative of each current commercial shooting facility in
unincorporated Jefferson County; (d) a resident or property owner from each of the three districts
19
of Jefferson County; (e) one representative of tribal interests, if interested; and (f) one at large
Jefferson County resident or property owner appointed by the county board of commissioners.
The Jefferson County Prosecuting Attorney (or designee) shall be an ex officio member of the
review committee but shall not be required to attend every meeting of the review committee. All
Review Committee meetings shall be subject to the requirements of the Open Public Meetings
Act, Chapter 42.30 RCW.
8.xx.070110 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.
(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 or authorizing the discharge of tracer or incendiary ammunition.
(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).
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(9)Permitting a 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:
(a)Ruling that a commercial shooting facility is a public nuisance; or,
(b)Requiring additional noise, environmental or safety controls as a condition of continued
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.
Commented \[PH23\]:
Added to fully address Janet
8.xx.120 Warning and Disclaimer of Liability
Welch’s point about minimizing county liability.
The degree of protection required by this ordinance for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This ordinance does not imply that
commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This ordinance does not create liability on the
part of the county or any officer or employee of the county for any bodily injury or property
damage that results from reliance on this article, or any administrative decision made lawfully
under this article, including but not limited to the decision to approve the application for an
operating permit. By regulating commercial shooting facilities, the county is attempting to address
obvious safety and environmental issues at commercial shooting facilities. Neither this article nor
an operation permit issued pursuant to this article, is be relied upon as a determination that
operation of a commercial shooting facility consistent with an operating permit renders the
commercial shooting facility free from the risk of bodily injury or property damage.
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