HomeMy WebLinkAbout020722ra01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,Interim County Administrator
DATE: February 7,2022
SUBJECT: Briefing and Potential Action re: Hearing Notice re: Draft Ordinance No.
re: Repealing and Replacing Chapter 8.75 (Fireworks and Sky
Lanterns) of the Jefferson County Code
STATEMENT OF ISSUE: Climate change is steadily increasing temperatures on the Olympic Peninsula,
reducing late spring, summer and early fall rainfall quantities. This results in an increased risk/probability
of devastating forest fires. The increased risk to our forest resources and communities in Jefferson County
dramatically increased interest in prohibiting fireworks throughout the County.
ANALYSIS: In response to this increased interest County staff drafted a proposed ordinance regarding
fireworks and staffed it with the Fire Chiefs from fire districts in Jefferson County, and the Prosecuting
Attorney's Office and the Sheriffs Office.The intent of the proposed ordinance is to restrict or prohibit the
use of fireworks when certain conditions exist to reduce the probability of a fire event.We believe we have
agreement on the new code language and wish to discuss the latest draft with the Board of County
Commissioners. A few issues exist with the issuance of display permits section that have to do with
funding. Chief Bret Black, East Jefferson Fire and Rescue and Sheriff Joe Nole have agreed to attend the
briefing. Should the draft ordinance meet with the Board's approval we will ask the Board to approve a
hearing notice for February 28,2022 at 11:45.
Documents attached to this agenda request are:
• Proposed ordinance in clean form
• Proposed ordinance annotated
• Proposed Hearing Notice
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board approve the attached hearing notice.
REVIE B J
2 3 z2_
ark McCaule , nterim County Admin. at r Date
Publish in Legal Newspaper twice: February 9 and February 16, 2022.
Bill: Jefferson County
County Administrator
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
JEFFERSON COUNTY WILL CONSIDER AN ORDINANCE REPEALING AND
REPLACING CHAPTER 8.75 (FIREWORKS AND SKY LANTERNS) OF THE
JEFFERSON COUNTY CODE
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County
Board of Commissioners for MONDAY, February 28, 2022 at 11:45 a.m. in the
Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA
98368 for the purpose of taking public testimony regarding a proposed ordinance, attached,
repealing and replacing Chapter 8.75 (Fireworks and Sky Lanterns) of the Jefferson County
Code. (NOTE: No In-Person Attendance Allowed (Per Jefferson County RESOLUTION No.
45-21)), and said notice of said hearing be published in the official newspaper of Jefferson County,
and that at said hearing any interested person may appear virtually and be heard for or against the
Ordinance. To view documents, go to:
https://test.co.jefferson.wa.us/WebLinkExternal
To participate/provide testimony, you will need to join the meeting by 11:45 a.m. To participate via
Zoom, click on https://zoom.us/j/93777841705. To participate/provide testimony via telephone dial
1-253-215-8782 and enter access code: 937-7784-1705# by 11:45 a.m. To view this meeting live
with no participation, go to www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of
Meetings: Today.” Access for the hearing impaired and others can be accommodated using Washington
Relay Service at 1-800-833-6384.
Climate change is steadily increasing temperatures on the Olympic Peninsula, reducing late spring,
summer and early fall rainfall quantities. This results in an increased risk/probability of devastating forest
fires. The increased risk to our forest resources and communities in Jefferson County dramatically
increased interest in prohibiting fireworks throughout the County.
In response to this increased interest County staff drafted a proposed ordinance regarding fireworks
and staffed it with the Fire Chiefs from fire districts in Jefferson County, and the Prosecuting
Attorney’s Office and the Sheriff’s Office. The intent of the proposed ordinance is to restrict or
prohibit the use of fireworks when certain conditions exist to reduce the probability of a fire event.
In addition, written testimony is also invited beginning on February 7, 2022 and ending on
February 28, 2022 at the end of the Public Hearing, unless extended by the Board of County
Commissioners. Written public testimony may be submitted by Email to:
jeffbocc@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners’ Office; PO
Box 1220, Port Townsend, WA 98368. Testimony must be received by the Board of County
Commissioners by the end of the hearing public comment period.
For additional information contact Mark McCauley, Jefferson County Interim County
Administrator, 1820 Jefferson Street, Port Townsend, WA 98368, 360-385-9130, or email
mmccauley@co.jefferson.wa.us.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
Date
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns) of ORDINANCE NO. _____________
the Jefferson County Code
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE, be it ordained by the Board as follows:
Section 1. Amending Chapter 8.75 JCC. The Board repeals and replaces the current Chapter 8.75
JCC with Appendix A. The current Chapter 8.75 JCC is in Appendix B.
Section 2. Findings. The Board adopts the above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
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Section 3. Severability. The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect one year
after the date of adoption.
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ADOPTED this _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST: Kate Dean, Member
_________________________________ ________________________________________
Carolyn Galloway Date Greg Brotherton, Member
Clerk of the Board
Approved as to form only:
_________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A – REPLACEMENT FOR CHAPTER 8.75 JCC
Title 8 - HEALTH AND SAFETY
Chapter 8.75 – FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Purpose and Construction.
(1) This chapter supplements Chapter 70.77 RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissible consumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1) “Agricultural and wildlife fireworks” has the same meaning as in RCW 70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” means the person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) “Declaration of high fire hazard” means a declaration by the county fire marshal or their
designee, or a local fire official or their designee, that a high fire hazard exists within their region
of responsibility.
(4) “Display fireworks” as in RCW 70.77.131.
(5) “Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
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(6) “Fireworks” has the same meaning as in RCW 70.77.126.
(7) “High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(8) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(9) “Public display of fireworks” has the same meaning as in RCW 70.77.160.
(10) “Region of responsibility” means the fire district of a local fire district, or the county for the
county fire marshal.
(11) “Sky lantern” has the same meaning as in RCW 76.04.005(19).
(12) “Special effects” has the same meaning as in RCW 70.77.136.
(13) “Vehicle” means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway. “Vehicle” shall
include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(14) “Vessel” means every species of watercraft or other mobile artificial contrivance, powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(15) “Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030 Sky lanterns prohibited.
It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County.
8.75.040 - Prohibited acts—Exceptions.
(1) Except as permitted in this chapter, the manufacture, sale, transportation, discharge, storage or
use of fireworks is prohibited during a declaration of high fire hazard declared in a region of
responsibility; provided, however, that this restriction shall not apply:
(a) To the use by railroads or other transportation agencies for signal or illumination purposes;
(b) To the use of agricultural and wildlife fireworks;
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(c) To the use of devices for vegetation management or wildfire firefighting tactics;
(d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal
purposes, or use by others for emergency signal purposes, or illumination of for use in forest
protection activities, or for those other uses described in RCW 70.77.311.
(e) To the use of special effects when used as an integral part of a theatrical production;
(f) To the transportation of fireworks through the county as part of interstate commerce; or,
(g) To the public display of fireworks authorized by permit issued by the local fire official.
(2) The local fire official shall publish the declaration of high fire hazard in local media outlets for
public review.
8.75.050 – Permits Required.
(1) After obtaining any other permit required under Chapter 8.20 JCC, JCC 18.20.380, or JCC
18.20.390, a public display fireworks permit shall be obtained from the local fire official to:
(a) Possess or store fireworks of any kind;
(b) Conduct an outdoor public display of fireworks;
(c) Discharge of special effects for theatrical productions;
(d) Discharge agricultural and wildlife fireworks;
(e) Discharge devices for vegetation management;
(f) Discharge display fireworks;
(g) Transport any fireworks, except no permit is required for transport by a public carrier on
interstate or state routes; and,
(h) Use of discharge fireworks inside any structure.
(2) Permits required by this chapter shall be reviewed by the local fire official. As a condition of
any permit, the local fire official may revoke a permit at any time due to safety concerns.
(3) The fee for storing or transporting fireworks shall be one hundred dollars ($100.00) per annum.
No additional fee will be charged for transportation, which is in conjunction with a public display
permit or a special effects fireworks permit.
(4) An entertainment, amusement or assemblies permit also may be required by Chapter 8.20 JCC
for an event. Where an entertainment, amusement or assemblies permit is required for an event,
the applicant shall obtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit. If an application for an amusement, entertainment or assembly permit
must be made to the board of county commissioners pursuant to JCC 8.20.030 for an event, a
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written final application for the entertainment, amusement or assemblies permit must be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC 18.20.380 for any event. Where
a temporary outdoor use permit is required, the applicant shall obtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permit under this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390 for an
event. Where a temporary festival conditional use permit is required, the applicant shall obtain
the temporary festival conditional use permit from the Department of Community Development
for the event pursuant to JCC 18.20.390 before applying for a fireworks display permit under this
section.
8.75.060 - Public display—Permit fee—Rules and regulations.
(1) Local fire officials and the county fire marshal shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public display of fireworks within their
region of responsibility within unincorporated Jefferson County.
(2) The application for a permit for a public display of fireworks shall be made in writing to the
county at least thirty days in advance of the display. The application shall be accompanied by a
letter from the person legally responsible for the property on which such display is to take place.
Such letter shall grant permission to the applicant for the use of such property. Any permit granted
this chapter shall not be transferable. All applicable fees and proof of liability insurance shall also
accompany the application.
(3) The fee for a public display permit shall be one hundred dollars ($100.00), paid to the fire
district from which the application is sought; provided, however, the local fire official may waive
such fee upon request made in advance.
(4) A public display of fireworks shall be of such character, and so located, discharged or fired
that in the opinion of the local fire official, the display shall be deemed not hazardous to property
or injurious to any person. A competent operator who has been approved by the local fire official
shall handle every such display. Every approved operator shall have first obtained a state license
pursuant to RCW 70.77.355.
(5) The applicant shall provide the county with a policy or policies of public liability and property
damage insurance from a licensed insurance company or companies, which policies shall be
subject to the approval as to form by the county risk manager in the following amounts: one
hundred thousand dollars ($100,000.00) or more for injury to any one person in any one accident
or occurrence; three hundred thousand dollars ($300,000.00) or more for injury to two or more
persons in any one accident or occurrence, and fifty thousand dollars ($50,000.00) for damage to
property in any one accident or occurrence. Jefferson County shall be named as an additional
named insured on such policy.
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(6) An applicant who has been refused a permit for public display of fireworks or a permit for
retail sale of fireworks by the local fire official shall have the right to appeal the decision of the
local fire official to the county board of commissioners.
8.75.070 – Seizure of Fireworks
Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080 - Violations and penalties.
Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00) dollars or by imprisonment in the jail for a period not to exceed ninety (90) days or by
both such fine and jail.
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090 – Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be used prior to enforcement under this
chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county, the county sheriff, the county fire marshal, or local
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fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter, which shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter as well as permits or decisions issued under it may be enforced through the
provisions of Title 19 JCC, Code Compliance. The county sheriff is the “director” for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19 JCC.
(5) Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100 - Severability.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the ordinance
codified in this chapter and the applicability thereof to other persons and circumstance shall not be
affected thereby.
8.75.110 - Effective date.
That the ordinance codified in this chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted pursuant to the ordinance codified in this chapter shall
take effect and be in full force and effect one year after the date of adoption.
8.75.120 Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
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pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
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APPENDIX B – CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not prohibited – Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
8.75.010 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of “articles
pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set
forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
(2) “Public display” means an entertainment feature where the public is invited, admitted or
permitted to view the display or discharge of display fireworks.
(3) “Sky lanterns” means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(4) “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
(5) “Display fireworks” means large fireworks designed primarily for display and classified as
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
(6) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel
moistures. It is during this period that wildland fires can be expected and fire growth will be
accelerated. \[Ord. 12-15 § 2 (Att. A § 1)\]
8.75.020 Sky lanterns prohibited.
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It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County. \[Ord. 12-15 § 2 (Att. A § 2)\]
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
The county fire code official shall, after consultation with the representatives of the county’s fire
districts, have authority to declare that conditions in the county constitute an extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County constitute an “extreme fire danger,” then the county commission by
resolution may, upon any date after the effective date defined in Section 11 of the ordinance
codified in this chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County no longer constitute an “extreme fire danger,” then the county commission
by resolution may repeal its resolution finding a state of extreme fire danger. \[Ord. 12-15 § 2
(Att. A § 3)\]
8.75.040 Fireworks prohibited in state of extreme fire danger.
When a county commission resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
\[Ord. 12-15 § 2 (Att. A § 4)\]
8.75.050 Acts not prohibited – Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes, or use by
others for emergency signal purposes, or illumination or for use in forest protection activities, or
for those uses described in RCW 70.77.311. \[Ord. 12-15 § 2 (Att. A § 5)\]
8.75.060 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto. \[Ord. 12-15 § 2 (Att. A
§ 6)\]
8.75.070 Enforcement.
The county sheriff, or his designee, as well as the county fire marshal is authorized to enforce all
provisions of this chapter. \[Ord. 12-15 § 2 (Att. A § 7)\]
8.75.080 Penalty for violations.
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Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00. \[Ord. 12-15 § 2 (Att. A § 8)\]
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STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns) of ORDINANCE NO. _____________
the Jefferson County Code
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE, be it ordained by the Board as follows:
Section 1. Amending Chapter 8.75 JCC. The Board repeals and replaces the current Chapter 8.75
JCC with Appendix A. The current Chapter 8.75 JCC is in Appendix B.
Section 2. Findings. The Board adopts the above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
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Section 3. Severability. The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
1,2,
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect one year
after the date of adoption.
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1
Note: The footnotes in this draft ordinance will be removed before finalizing it. The are added for purposes of
understanding the drafting history of the ordinance.
2
This one-year limit is imposed by RCW 70.77.250(4). (“The chief of the Washington state patrol, through the director
of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the enforcement
of this chapter. Counties and cities shall comply with these state rules. Any ordinances adopted by a county or city
that are more restrictive than state law shall have an effective date no sooner than one year after their adoption.”
(emphasis added.)
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ADOPTED this _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST: Kate Dean, Member
_________________________________ ________________________________________
Carolyn Galloway Date Greg Brotherton, Member
Clerk of the Board
Approved as to form only:
_________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A – REPLACEMENT FOR CHAPTER 8.75 JCC
Title 8 - HEALTH AND SAFETY
Chapter 8.75 – FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Purpose and Construction.
(1) This chapter supplements Chapter 70.77 RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissible consumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
3
meaning and in addition, the following definitions shall apply:
4
(1) “Agricultural and wildlife fireworks” has the same meaning as in RCW 70.77.141.
5
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
3
This language was adapted from the Animal Code, but it is the type of language frequently present in Jefferson
County ordinances.
4
“‘Agricultural and wildlife fireworks’ includes fireworks devices distributed to farmers, ranchers, and growers
through a wildlife management program administered by the United States department of the interior or an equivalent
state or local governmental agency.”
5
“‘Consumer fireworks’ means any small firework device designed to produce visible effects by combustion and
which must comply with the construction, chemical composition, and labeling regulations of the United States
consumer product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices
designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive
materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by
the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused
set pieces containing components which together exceed 50 mg of salute powder.” RCW 70.77.136.
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(3) “County fire marshal” means the person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause,
6
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) “Declaration of high fire hazard” means a declaration by the county fire marshal or their
designee, or a local fire official or their designee, that a high fire hazard exists within their region
of responsibility.
7
(4) “Display fireworks” as in RCW 70.77.131.
(5) “Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
8
areas, life and property.
9
(6) “Fireworks” has the same meaning as in RCW 70.77.126.
10
(7) “High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(8) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
11
(9) “Public display of fireworks” has the same meaning as in RCW 70.77.160.
6
This definition was added at the request of the Fire Chiefs. According the Fire Chiefs, there currently is no
designated Fire Marshal for Jefferson County.
7
“‘Display fireworks’ means large fireworks designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grains (130 mg) of
explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces
which exceed the limits of explosive materials for classification as ‘consumer fireworks’ and are classified as
fireworks UN0333, UN0334, or UN0335 by the United States department of transportation at 49 C.F.R. Sec. 172.101
as of June 13, 2002, and including fused set pieces containing components which exceed 50 mg of salute powder.”
RCW 70.77.131.
8
This is the definition from WAC 332-24-005(13). (“‘Fire hazard’ means the accumulation of combustible
materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby
structures, forest areas, life and property.”)
9
“‘Fireworks’ means any composition or device designed to produce a visible or audible effect by combustion,
deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display
fireworks.” RCW 70.77.126.
10
The USFS uses the National Fire Danger Rating System, and that system does not use the term “severe fire
danger.” See: https://gacc.nifc.gov/rmcc/predictive/nfdrs_gaining_understanding.pdf, at 30, last accessed on
11/25/2021. A chart with the designations used is attached to the end of this document. The Fire Chiefs asked that
we use “high fire hazard,” which is consistent with the “high” definition in the National Fire Danger Rating System,
so they would have more flexibility.
11
“‘Public display of fireworks’ means an entertainment feature where the public is or could be admitted or allowed
to view the display or discharge of display fireworks.” RCW 70.77.160.
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(10) “Region of responsibility” means the fire district of a local fire district, or the county for the
county fire marshal.
12
(11) “Sky lantern” has the same meaning as in RCW 76.04.005(19).
13
(12) “Special effects” has the same meaning as in RCW 70.77.136.
(13) “Vehicle” means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway. “Vehicle” shall
include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by
14
human or animal power, or used exclusively upon stationary rails or tracks.
(14) “Vessel” means every species of watercraft or other mobile artificial contrivance, powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
15
construction or repair and which does not exceed two hundred feet in length.
(15) “Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
16
caused fires.
8.75.030 Sky lanterns prohibited.
It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County.
8.75.040 - Prohibited acts—Exceptions.
(1) Except as permitted in this chapter, the manufacture, sale, transportation, discharge, storage or
use of fireworks is prohibited during a declaration of high fire hazard declared in a region of
17
responsibility; provided, however, that this restriction shall not apply:
12
“‘Sky lantern’ means an unmanned self-contained luminary device that uses heated air produced by an open flame
or produced by another source to become or remain airborne.” RCW 76.04.005(19).
13
“‘Special effects’ means any combination of chemical elements or chemical compounds capable of burning
independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical,
or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live
entertainment.” RCW 70.77.136.
14
This definition is from JCC 19.15.015(57).
15
This definition comes from RCW 79.100.010(8), without the last sentence. (“‘Vessel’ means every species of
watercraft or other mobile artificial contrivance, powered or unpowered, intended to be used for transporting people
or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in
length. ‘Vessel’ includes any trailer used for the transportation of watercraft, or any attached floats or debris.”)
16
Adapted from the U.S. Fire Management Board’s Updated Wildland Fire Policy Terms and Definitions, released
through FMB Memorandum 19-004, https://www.nwcg.gov/sites/default/files/docs/eb-fmb-m-19-004a.pdf, last
accessed on 1/30/2022.
17
This is the key provision that makes illegal “using the manufacture, sale, transportation, discharge, storage or use
of fireworks is prohibited during a declaration of high fire hazard declared in a region of responsibility.” The
declaration can be issued by a local fire official, giving the Fire Districts much more flexibility.
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(a) To the use by railroads or other transportation agencies for signal or illumination purposes;
(b) To the use of agricultural and wildlife fireworks;
(c) To the use of devices for vegetation management or wildfire firefighting tactics;
(d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal
purposes, or use by others for emergency signal purposes, or illumination of for use in forest
protection activities, or for those other uses described in RCW 70.77.311.
(e) To the use of special effects when used as an integral part of a theatrical production;
(f) To the transportation of fireworks through the county as part of interstate commerce; or,
(g) To the public display of fireworks authorized by permit issued by the local fire official.
(2) The local fire official shall publish the declaration of high fire hazard in local media outlets for
public review.
8.75.050 – Permits Required.
(1) After obtaining any other permit required under Chapter 8.20 JCC, JCC 18.20.380, or JCC
1819
18.20.390, a public display fireworks permit shall be obtained from the local fire official to:
(a) Possess or store fireworks of any kind;
(b) Conduct an outdoor public display of fireworks;
(c) Discharge of special effects for theatrical productions;
(d) Discharge agricultural and wildlife fireworks;
(e) Discharge devices for vegetation management;
(f) Discharge display fireworks;
(g) Transport any fireworks, except no permit is required for transport by a public carrier on
20
interstate or state routes; and,
18
Brian Tracer suggests adding that the public fireworks permit be issued after any required special use permit or
special event permit. Tracer says, “Permitting is required through the county specifically DCD not the local fire
districts and should remain that way. DCD is the AHJ per the IBC and IFC.” RESPONSE: This subsection has been
revised to address this comment and new subsections (4), (5), and (6) have been added.
19
The Fire Chiefs say that the Fire Districts do not have the resources to do this. They would need budget for an
FTE and training that the currently do not have. A discussion about whether funding can be obtained for this work
or whether this section should be deleted.
20
Brian Tracer says, “Any carrier still needs to follow DOT regulations, state and federal law as it pertaining to
quantities of cargo, licensing and required permitting.” RESPONSE: Agreed. But that is not the County’s
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(h) Use of discharge fireworks inside any structure.
(2) Permits required by this chapter shall be reviewed by the local fire official. As a condition of
any permit, the local fire official may revoke a permit at any time due to safety concerns.
(3) The fee for storing or transporting fireworks shall be one hundred dollars ($100.00) per annum.
No additional fee will be charged for transportation, which is in conjunction with a public display
permit or a special effects fireworks permit.
(4) An entertainment, amusement or assemblies permit also may be required by Chapter 8.20 JCC
for an event. Where an entertainment, amusement or assemblies permit is required for an event,
the applicant shall obtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit. If an application for an amusement, entertainment or assembly permit
must be made to the board of county commissioners pursuant to JCC 8.20.030 for an event, a
written final application for the entertainment, amusement or assemblies permit must be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC 18.20.380 for any event. Where
a temporary outdoor use permit is required, the applicant shall obtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permit under this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390 for an
event. Where a temporary festival conditional use permit is required, the applicant shall obtain
the temporary festival conditional use permit from the Department of Community Development
for the event pursuant to JCC 18.20.390 before applying for a fireworks display permit under this
section.
8.75.060 - Public display—Permit fee—Rules and regulations.
(1) Local fire officials and the county fire marshal shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public display of fireworks within their
region of responsibility within unincorporated Jefferson County.
(2) The application for a permit for a public display of fireworks shall be made in writing to the
county at least thirty days in advance of the display. The application shall be accompanied by a
letter from the person legally responsible for the property on which such display is to take place.
Such letter shall grant permission to the applicant for the use of such property. Any permit granted
this chapter shall not be transferable. All applicable fees and proof of liability insurance shall also
accompany the application.
responsibility. Bret Black says, “Should be DCD.” RESPONSE: This subsection is here to address a federal
preemption issue. It needs to stay as is.
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21
(3) The fee for a public display permit shall be one hundred dollars ($100.00), paid to the fire
district from which the application is sought; provided, however, the local fire official may waive
such fee upon request made in advance.
(4) A public display of fireworks shall be of such character, and so located, discharged or fired
that in the opinion of the local fire official, the display shall be deemed not hazardous to property
or injurious to any person. A competent operator who has been approved by the local fire official
shall handle every such display. Every approved operator shall have first obtained a state license
pursuant to RCW 70.77.355.
(5) The applicant shall provide the county with a policy or policies of public liability and property
damage insurance from a licensed insurance company or companies, which policies shall be
subject to the approval as to form by the county risk manager in the following amounts: one
hundred thousand dollars ($100,000.00) or more for injury to any one person in any one accident
or occurrence; three hundred thousand dollars ($300,000.00) or more for injury to two or more
persons in any one accident or occurrence, and fifty thousand dollars ($50,000.00) for damage to
property in any one accident or occurrence. Jefferson County shall be named as an additional
22
named insured on such policy.
(6) An applicant who has been refused a permit for public display of fireworks or a permit for
retail sale of fireworks by the local fire official shall have the right to appeal the decision of the
local fire official to the county board of commissioners.
8.75.070 – Seizure of Fireworks
Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
21
“RCW 70.77.555(2) states:
“A city or county may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for all
display permits, licenses, and authorizations from application to and through processing, issuance, and inspection,
not to exceed actual costs and in no case more than a total of five thousand dollars for any one display permit.” Is
the $100 amount sufficient?
22
This is consistent with the International Fire Code on financial responsibility. Section 5601.2.4 states: “Before a
permit is issued, as required by Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in
the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment
of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit
upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount
when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government
entities shall be exempt from this bond requirement.” See https://up.codes/viewer/washington/wa-fire-code-
2018/chapter/56/explosives-and-fireworks#56.
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8.75.080 - Violations and penalties.
Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00) dollars or by imprisonment in the jail for a period not to exceed ninety (90) days or by
both such fine and jail.
23
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090 – Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be used prior to enforcement under this
chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county, the county sheriff, the county fire marshal, or local
fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
24
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
23
A civil infraction option was added at the request of the Prosecuting Attorney.
24
This section was added to make clear that law enforcement is not going to actively pursue violations of this
chapter. They do not have the resources.
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(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter, which shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter as well as permits or decisions issued under it may be enforced through the
25
provisions of Title 19 JCC, Code Compliance. The county sheriff is the “director” for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19 JCC.
(5) Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100 - Severability.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the ordinance
codified in this chapter and the applicability thereof to other persons and circumstance shall not be
affected thereby.
8.75.110 - Effective date.
That the ordinance codified in this chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted pursuant to the ordinance codified in this chapter shall
26
take effect and be in full force and effect one year after the date of adoption.
8.75.120 Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
25
This section creates the option for Code enforcement under Title 19 JCC.
26
This one-year limit is imposed by RCW 70.77.250(4). (“The chief of the Washington state patrol, through the
director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the
enforcement of this chapter. Counties and cities shall comply with these state rules. Any ordinances adopted by a
county or city that are more restrictive than state law shall have an effective date no sooner than one year after
their adoption.” (emphasis added.)
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APPENDIX B – CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not prohibited – Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
8.75.010 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of “articles
pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set forth
in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
(2) “Public display” means an entertainment feature where the public is invited, admitted or
permitted to view the display or discharge of display fireworks.
(3) “Sky lanterns” means any unmanned device with a fuel source that incorporates an open flame
in order to make the device airborne.
(4) “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
(5) “Display fireworks” means large fireworks designed primarily for display and classified as
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
(6) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures.
It is during this period that wildland fires can be expected and fire growth will be accelerated.
\[Ord. 12-15 § 2 (Att. A § 1)\]
8.75.020 Sky lanterns prohibited.
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It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County. \[Ord. 12-15 § 2 (Att. A § 2)\]
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
The county fire code official shall, after consultation with the representatives of the county’s fire
districts, have authority to declare that conditions in the county constitute an extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County constitute an “extreme fire danger,” then the county commission by resolution
may, upon any date after the effective date defined in Section 11 of the ordinance codified in this
chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County no longer constitute an “extreme fire danger,” then the county commission by
resolution may repeal its resolution finding a state of extreme fire danger. \[Ord. 12-15 § 2 (Att. A
§ 3)\]
8.75.040 Fireworks prohibited in state of extreme fire danger.
When a county commission resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
\[Ord. 12-15 § 2 (Att. A § 4)\]
8.75.050 Acts not prohibited – Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes, or use by others
for emergency signal purposes, or illumination or for use in forest protection activities, or for those
uses described in RCW 70.77.311. \[Ord. 12-15 § 2 (Att. A § 5)\]
8.75.060 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto. \[Ord. 12-15 § 2 (Att. A
§ 6)\]
8.75.070 Enforcement.
The county sheriff, or his designee, as well as the county fire marshal is authorized to enforce all
provisions of this chapter. \[Ord. 12-15 § 2 (Att. A § 7)\]
8.75.080 Penalty for violations.
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Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00. \[Ord. 12-15 § 2 (Att. A § 8)\]
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Chart (to be deleted upon presentation of the ordinance to the Board of County Commissioners)
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STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75(Fireworks and Sky Lanterns)of ORDINANCE NO.
the Jefferson County Code
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS, RCW 36.32.120(10)provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE,be it ordained by the Board as follows:
Section 1. Amending Chapter 8.75 JCC. The Board repeals and replaces the current Chapter 8.75
JCC with Appendix A. The current Chapter 8.75 JCC is in Appendix B.
Section 2. Findings. The Board adopts the above recitals (the "WHEREAS" statements) as its
findings of fact in support of this ordinance.
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Section 3. Severability. The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect on the
earliest date possible under state law, which currently is one year after the date of adoption per
RCW 70.77.250(4).
(SIGNTURES FOLLOW ON NEXT PAGES)
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ADOPTED this day of 2022, at : a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour, Chair
ATTEST: Kate Dean,Member
Carolyn Galloway Date Greg Brotherton, Member
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A—REPLACEMENT FOR CHAPTER 8.75 JCC
Title 8 - HEALTH AND SAFETY
Chapter 8.75—FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Purpose and Construction.
(1) This chapter supplements Chapter 70.77 RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissible consumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington(RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1) "Agricultural and wildlife fireworks"has the same meaning as in RCW 70.77.141.
(2) "Consumer fireworks" has the same meaning as in RCW 70.77.136.
(3) "County fire marshal" means the person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(6) with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) "Declaration of high fire hazard" means a declaration by the county fire marshal or their
designee, or a local fire official or their designee, that a high fire hazard exists within their region
of responsibility.
(4) "Display fireworks" as in RCW 70.77.131.
(5) "Fire hazard" means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
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(6) "Fireworks"has the same meaning as in RCW 70.77.126.
(7) "Fireworks waste" means any waste remaining after the discharge, manufacture, sale, storage,
or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish.
(78) "High fire hazard" means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(89) "Local fire official" means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(910) "Public display of fireworks"has the same meaning as in RCW 70.77.160.
(-1-011) "Region of responsibility" means the fire district wholly or partially within Jefferson
County for a local fire official, or the county as a whole for the county fire marshal.
( 12) "Sky lantern"has the same meaning as in RCW 76.04.005(19).
( 13) "Special effects" has the same meaning as in RCW 70.77.136.
(-1-314)"Vehicle"means every device capable of being moved upon a highway and in,upon, or by
which any person or property is or may be transported or drawn upon a highway. "Vehicle" shall
include but shall not be limited to automobiles,motorcycles,trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. "Vehicle" does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(-1415) "Vessel"means every species of watercraft or other mobile artificial contrivance, powered
or unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(4-516) "Wildland fire" means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030 Sky lanterns prohibited.
It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County.
8.75.040 - Prohibited acts—Exceptions.
(1) Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged. The county
adopts the dates and times consumer fireworks may be sold or discharged under RCW 70.77.395,
which currently is as follows:
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(a)It is legal to sell and purchase consumer fireworks within this state from twelve o'clock noon
to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock
p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o'clock
a.m. to nine o'clock p.m. on the fifth of July, from twelve o'clock noon to eleven o'clock p.m.
on each day from the twenty-seventh of December through the thirty-first of December of each
year, and as provided in RCW 70.77.311.
(b)Consumer fireworks may be used or discharged each day between the hours of twelve o'clock
noon and eleven o'clock p.m. on the twenty-eighth of June and between the hours of nine o'clock
a.m. and eleven o'clock p.m. on the twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o'clock a.m. and twelve o'clock midnight, and between the hours of
nine o'clock a.m. and eleven o'clock p.m. on July 5th, and from six o'clock p.m. on December
31st until one o'clock a.m. on January 1st of the subsequent year, and as provided in RCW
70.77.311.
(2) Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use of Fireworks Is
Prohibited During a Declaration of High Fire Hazard. Except as permitted in this chapter, the
discharge, manufacture, sale, storage, or transportation manufacture, sale, transportation,
discharge,storage or use of fireworks is prohibited during a declaration of high fire hazard declared
in a region of responsibility; provided, however, that this restriction shall not apply:
(a) To the use by railroads or other transportation agencies for signal or illumination purposes;
(b) To the use of agricultural and wildlife fireworks;
(c) To the use of devices for vegetation management or wildfire firefighting tactics;
(d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal
purposes, or use by others for emergency signal purposes, or illumination of for use in forest
protection activities, or for those other uses described in RCW 70.77.311.
(e) To the use of special effects when used as an integral part of a theatrical production;
(f) To the transportation of fireworks through the county as part of interstate commerce; or,
(g) To the public display of fireworks authorized by permit issued by the local fire official.
(23) Publication of Declaration of High Fire Hazard. The county fire marshal and each local fire
official shall publish the declaration of high fire hazard in local media outlets for public review.
(4) Failure to Cleanup Fireworks Waste. Failure to clean up fireworks waste is prohibited under
this chapter.
8.75.050—Permits Required.
(1) After obtaining any other permit required under Chapter 8.20 JCC, JCC 18.20.380, or JCC
18.20.390, a public display fireworks permit shall be obtained from the county fire marshal,
inconsultation with the local fire official to:
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(a) Possess or store fireworks of any kind;
(b) Conduct an outdoor public display of fireworks;
(c) Discharge of special effects for theatrical productions;
(d) Discharge agricultural and wildlife fireworks;
(e) Discharge devices for vegetation management;
(f) Discharge display fireworks;
(g) Transport any fireworks, except no permit is required for transport by a public carrier on
interstate or state routes; and,
(h)Use of discharge fireworks inside any structure.
(2) Permits required by this chapter shall be reviewed by the local fire official. As a condition of
any permit, the local fire official may revoke a permit at any time due to safety concerns.
(3)The fee for storing or transporting fireworks shall be one hundred dollars($100.00)per annum.
No additional fee will be charged for transportation, which is in conjunction with a public display
permit or a special effects fireworks permit.
(4)An entertainment, amusement or assemblies permit also may be required by Chapter 8.20 JCC
for an event. Where an entertainment, amusement or assemblies permit is required for an event,
the applicant shall obtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit. If an application for an amusement, entertainment or assembly permit
must be made to the board of county commissioners pursuant to JCC 8.20.030 for an event, a
written final application for the entertainment, amusement or assemblies permit must be obtained
before applying for a fireworks display permit under this section.
(5)A temporary outdoor use permit also may be required by JCC 18.20.380 for any event. Where
a temporary outdoor use permit is required, the applicant shall obtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permit under this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390 for an
event. Where a temporary festival conditional use permit is required, the applicant shall obtain
the temporary festival conditional use permit from the Department of Community Development
for the event pursuant to JCC 18.20.390 before applying for a fireworks display permit under this
section.
8.75.060 - Public display—Permit fee—Rules and regulations.
(1) Local fire officials and tThe county fire marshal shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public display of fireworks within their
region of responsibility within unincorporated Jefferson County.
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(2) The application for a permit for a public display of fireworks shall be made in writing to the
county at least thirty days in advance of the display. The application shall be accompanied by a
letter from the person legally responsible for the property on which such display is to take place.
Such letter shall grant permission to the applicant for the use of such property. Any permit granted
this chapter shall not be transferable. All applicable fees and proof of liability insurance shall also
accompany the application.
(3) The fee for a public display permit shall be one hundred dollars ($100.00), paid to the fire
district from which the application is sought; provided, however, the local fire official may waive
such fee upon request made in advance.
(4) A public display of fireworks shall be of such character, and so located, discharged or fired
that in the opinion of the local fire official, the display shall be deemed not hazardous to property
or injurious to any person. A competent operator who has been approved by the local fire official
shall handle every such display. Every approved operator shall have first obtained a state license
pursuant to RCW 70.77.355.
(5) The applicant shall provide the county with a policy or policies of public liability and property
damage insurance from a licensed insurance company or companies, which policies shall be
subject to the approval as to form by the county risk manager in the following amounts: one
hunelfeel-thettsailElmillion dollars ($1 000,000.00) or more for injury to any one person in any one
accident or occurrence; three million dollars ($3 000,000.00) or more for injury
to two or more persons in any one accident or occurrence, and fifty thousandone million dollars
($5-01,000,000.00) for damage to property in any one accident or occurrence. Jefferson County
shall be named as an additional named insured on such policy.
(6) An applicant who has been refused a permit for public display of fireworks or a permit for
retail sale of fireworks by the local fire official shall have the right to appeal the decision of the
local fire official to the county board of commissioners.
8.75.070—Seizure of Fireworks
Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080 - Violations and penalties.
Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
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conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00) dollars or by imprisonment in the jail for a period not to exceed ninety(90)days or by
both such fine and jail.
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The Infraction Rules for Courts of Limited Jurisdiction(IRL.1) as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090—Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be used prior to enforcement under this
chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county,the county sheriff,the county fire marshal,or local
fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter, which shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter as well as permits or decisions issued under it may be enforced through the
provisions of Title 19 JCC, Code Compliance. The county sheriff is the "director" for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19 JCC.
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(5)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6)The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7)Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100 - Severability.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the ordinance
codified in this chapter and the applicability thereof to other persons and circumstance shall not be
affected thereby.
8.75.110 - Effective date.
That the ordinance codified in this chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted pursuant to the ordinance codified in this chapter shall
take effect and be in full force and effect one year after the date of adoption.
8.75.120 Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
Page 10 of
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APPENDIX B—CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
Q 7c n30 n d ptio., ^na r e l of•r solution finding ^ state of extreme fire d^
8.75.010 Fireworks prohibited in state-of-extreme-fife-danger,
8.75.050 Acts not prohibited Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
forth i ACW 7n 77 l 34 or-the defin;tior of"display fireworks" as set forth in RCW 70.77.131.
(2) "Public display" means an entertainment feature where the public is invited, admitted or
^rmittea to . e .,the display .aischa. of display f: L
(3) "Sky lanterns"means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(11) "Special effects,"pursuant to RCW 70.77.116, means any combination of chemical elements
suc by the T T S Tlo...,,.f,Y, „t of Tra sport^tio s f;,..+L.,,r set forth i . RCW ^7!1 '7'7 1 31
mo
;stures t is during th' r ,l th t ild d f' b Y + d ,1 i b th 'll b
a
accelerated. [Ord. 12 15 § 2 (Att. A § 1)]
Q•/ Sl,y l nter„s „ „hibi+ a
V75.VmSiQn ;
Page 11 of
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Jefferson County. [Ord. 12 15 § 2 (Att. A § 2)]
th th tative� ftha ty'�
The county fire code official shall,after consultation� - �����a-o-�r �-^ew::�;-�___:,
Upon a declaration by an authorized state official or the county fire code official that conditions
resolution may, upon any date after the effective date defined in Section 11 of the ordinance
codified in this chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jef erson County ne-longer c onstit„te an"extre..e fre, µ» ger"then the-Eeunty commission
b 1 t' 1 it ol„tion f„a; state of extreme fre dar o LOrd 1 2 1 5 § 2
(Att. A § 3)]
When a county commission resolution finding a state of extreme f fe da ger is ir, eff it is
f L 1 f Bets th; t rl 7 ff Count y
rrrcwvric�-vrspccrctr��cccs'v'r'rcm .,.7.�..............�....,.... �...»...�.
The provisions of thi t h l l be-applicavle to tc he sale " "lull f feworks(as d
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
[Ord. 12 15 § 2 (Att. A § 4)]
others for emergency signal purposes, or illumination or for use in forest protection activities, or
for those uses described in RCW 70.77.311. [Ord. 12 15 § 2 (Att. A § 5)1
Q 7c 060 Chapter; ection with state law
Q 7c non E„forcement
provisions of this chapter. [Ord. 12 15 § 2 (Att. A § 7)1
Q 7c 080 Penalt„ f r violation
Page 12 of
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n„ o lat;n f il• to pl. with efthis chapte ilty f
aaa�'Yva.�vaa •'ivauaua� va auaaiu�
infractionands beet to a f ne of up to $250.00. [Ord. 12 15 § 2 (Att. A § 8)]
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STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75(Fireworks and Sky Lanterns)of ORDINANCE NO.
the Jefferson County Code
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 1 l of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS, RCW 36.32.120(10)provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE,be it ordained by the Board as follows:
Section 1. Amending Chapter 8.75 JCC. The Board repeals and replaces the current Chapter 8.75
JCC with Appendix A. The current Chapter 8.75 JCC is in Appendix B.
Section 2. Findings. The Board adopts the above recitals (the "WHEREAS" statements) as its
findings of fact in support of this ordinance.
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Section 3. Severability. The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect on the
earliest date possible under state law, which currently is one year after the date of adoption per
RCW 70.77.250(4).
(SIGNTURES FOLLOW ON NEXT PAGES)
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ADOPTED this day of 2022, at a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour,Chair
ATTEST: Kate Dean,Member
Carolyn Galloway Date Greg Brotherton, Member
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 3 of 13
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APPENDIX A—REPLACEMENT FOR CHAPTER 8.75 JCC
Title 8 - HEALTH AND SAFETY
Chapter 8.75—FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Purpose and Construction.
(1) This chapter supplements Chapter 70.77 RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissible consumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington(RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1) "Agricultural and wildlife fireworks"has the same meaning as in RCW 70.77.141.
(2) "Consumer fireworks"has the same meaning as in RCW 70.77.136.
(3) "County fire marshal" means the person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) "Declaration of high fire hazard" means a declaration by the county fire marshal or their
designee, or a local fire official or their designee, that a high fire hazard exists within their region
of responsibility.
(4) "Display fireworks" as in RCW 70.77.131.
(5) "Fire hazard" means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
Page 4 of 13
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(6) "Fireworks"has the same meaning as in RCW 70.77.126.
(7) "Fireworks waste" means any waste remaining after the discharge, manufacture, sale, storage,
or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish.
(8) "High fire hazard" means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(9) "Local fire official" means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(10) "Public display of fireworks"has the same meaning as in RCW 70.77.160.
(11) "Region of responsibility" means the fire district wholly or partially within Jefferson County
for a local fire official, or the county as a whole for the county fire marshal.
(12) "Sky lantern" has the same meaning as in RCW 76.04.005(19).
(13) "Special effects" has the same meaning as in RCW 70.77.136.
(14) "Vehicle" means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway. "Vehicle" shall
include but shall not be limited to automobiles,motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. "Vehicle" does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(15)"Vessel"means every species of watercraft or other mobile artificial contrivance,powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(16) "Wildland fire" means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030 Sky lanterns prohibited.
It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County.
8.75.040 - Prohibited acts—Exceptions.
(1) Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged. The county
adopts the dates and times consumer fireworks may be sold or discharged under RCW 70.77.395,
which currently is as follows:
Page 5 of 13
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(a) It is legal to sell and purchase consumer fireworks within this state from twelve o'clock noon
to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock
p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o'clock
a.m. to nine o'clock p.m. on the fifth of July, from twelve o'clock noon to eleven o'clock p.m.
on each day from the twenty-seventh of December through the thirty-first of December of each
year, and as provided in RCW 70.77.311.
(b)Consumer fireworks may be used or discharged each day between the hours of twelve o'clock
noon and eleven o'clock p.m. on the twenty-eighth of June and between the hours of nine o'clock
a.m. and eleven o'clock p.m. on the twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o'clock a.m. and twelve o'clock midnight, and between the hours of
nine o'clock a.m. and eleven o'clock p.m. on July 5th, and from six o'clock p.m. on December
31st until one o'clock a.m. on January 1st of the subsequent year, and as provided in RCW
70.77.311.
(2) Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use of Fireworks Is
Prohibited During a Declaration of High Fire Hazard. Except as permitted in this chapter, the
discharge, manufacture, sale, storage, or transportation of fireworks is prohibited during a
declaration of high fire hazard declared in a region of responsibility; provided, however,that this
restriction shall not apply:
(a) To the use by railroads or other transportation agencies for signal or illumination purposes;
(b) To the use of agricultural and wildlife fireworks;
(c) To the use of devices for vegetation management or wildfire firefighting tactics;
(d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal
purposes, or use by others for emergency signal purposes, or illumination of for use in forest
protection activities, or for those other uses described in RCW 70.77.311.
(e) To the use of special effects when used as an integral part of a theatrical production;
(f) To the transportation of fireworks through the county as part of interstate commerce; or,
(g) To the public display of fireworks authorized by permit issued by the local fire official.
(3) Publication of Declaration of High Fire Hazard. The county fire marshal and each local fire
official shall publish the declaration of high fire hazard in local media outlets for public review.
(4) Failure to Cleanup Fireworks Waste. Failure to clean up fireworks waste is prohibited under
this chapter.
8.75.050—Permits Required.
(1) After obtaining any other permit required under Chapter 8.20 JCC, JCC 18.20.380, or JCC
18.20.390, a public display fireworks permit shall be obtained from the county fire marshal,
inconsultation with the local fire official to:
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(a) Possess or store fireworks of any kind;
(b) Conduct an outdoor public display of fireworks;
(c) Discharge of special effects for theatrical productions;
(d) Discharge agricultural and wildlife fireworks;
(e) Discharge devices for vegetation management;
(f) Discharge display fireworks;
(g) Transport any fireworks, except no permit is required for transport by a public carrier on
interstate or state routes; and,
(h) Use of discharge fireworks inside any structure.
(2) Permits required by this chapter shall be reviewed by the local fire official. As a condition of
any permit, the local fire official may revoke a permit at any time due to safety concerns.
(3)The fee for storing or transporting fireworks shall be one hundred dollars($100.00)per annum.
No additional fee will be charged for transportation, which is in conjunction with a public display
permit or a special effects fireworks permit.
(4)An entertainment, amusement or assemblies permit also may be required by Chapter 8.20 JCC
for an event. Where an entertainment, amusement or assemblies permit is required for an event,
the applicant shall obtain the entertainment,amusement and assemblies permit before applying for
a fireworks display permit. If an application for an amusement, entertainment or assembly permit
must be made to the board of county commissioners pursuant to JCC 8.20.030 for an event, a
written final application for the entertainment, amusement or assemblies permit must be obtained
before applying for a fireworks display permit under this section.
(5)A temporary outdoor use permit also may be required by JCC 18.20.380 for any event. Where
a temporary outdoor use permit is required, the applicant shall obtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permit under this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390 for an
event. Where a temporary festival conditional use permit is required, the applicant shall obtain
the temporary festival conditional use permit from the Department of Community Development
for the event pursuant to JCC 18.20.390 before applying for a fireworks display permit under this
section.
8.75.060 - Public display—Permit fee—Rules and regulations.
(1) The county fire marshal shall have the power to adopt reasonable rules and regulations for the
granting of permits for supervised public display of fireworks within their region of responsibility
within unincorporated Jefferson County.
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(2) The application for a permit for a public display of fireworks shall be made in writing to the
county at least thirty days in advance of the display. The application shall be accompanied by a
letter from the person legally responsible for the property on which such display is to take place.
Such letter shall grant permission to the applicant for the use of such property. Any permit granted
this chapter shall not be transferable. All applicable fees and proof of liability insurance shall also
accompany the application.
(3) The fee for a public display permit shall be one hundred dollars ($100.00), paid to the fire
district from which the application is sought; provided, however, the local fire official may waive
such fee upon request made in advance.
(4) A public display of fireworks shall be of such character, and so located, discharged or fired
that in the opinion of the local fire official, the display shall be deemed not hazardous to property
or injurious to any person. A competent operator who has been approved by the local fire official
shall handle every such display. Every approved operator shall have first obtained a state license
pursuant to RCW 70.77.355.
(5) The applicant shall provide the county with a policy or policies of public liability and property
damage insurance from a licensed insurance company or companies, which policies shall be
subject to the approval as to form by the county risk manager in the following amounts: one
million dollars ($1,000,000.00) or more for injury to any one person in any one accident or
occurrence;three million dollars ($3,000,000.00) or more for injury to two or more persons in any
one accident or occurrence, and one million dollars($1,000,000.00)for damage to property in any
one accident or occurrence. Jefferson County shall be named as an additional named insured on
such policy.
(6) An applicant who has been refused a permit for public display of fireworks or a permit for
retail sale of fireworks by the local fire official shall have the right to appeal the decision of the
local fire official to the county board of commissioners.
8.75.070—Seizure of Fireworks
Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080 -Violations and penalties.
Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply
with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon
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conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars
($1,000.00)dollars or by imprisonment in the jail for a period not to exceed ninety(90) days or by
both such fine and jail.
(2) Civil Infraction.
(a) Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b) A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c) The Infraction Rules for Courts of Limited Jurisdiction(IRLJ)as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090—Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be used prior to enforcement under this
chapter.
(2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter
does not create a duty on the part of the county,the county sheriff,the county fire marshal,or local
fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Send by certified mail any warrant, citation or other process to the last known place of
residence of the person alleged to have violated of this chapter, which shall be deemed as personal
service upon the person alleged to have violated this chapter.
(4) This chapter as well as permits or decisions issued under it may be enforced through the
provisions of Title 19 JCC, Code Compliance. The county sheriff is the "director" for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19 JCC.
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(5)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may
exist, which may include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7)Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100 - Severability.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the ordinance
codified in this chapter and the applicability thereof to other persons and circumstance shall not be
affected thereby.
8.75.110 - Effective date.
That the ordinance codified in this chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted pursuant to the ordinance codified in this chapter shall
take effect and be in full force and effect one year after the date of adoption.
8.75.120 Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
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APPENDIX B—CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not pr • •
8.75.060 Chapt • t tate l "'
8.75.070 Enforcement.
8.75.080 Penalty for violations.
effect by combustion, deflagration or detonation, a e =e- • • of�-
fo t, v r-W 7n 7� ,3 Q t e def nitio of« eworlr yet
pyrotechnic" ao �� •�-� • �
finit• „f"-display fireworks" as set forth i CW 70.77.131.
(2) "D bl• a. + r t b + a a tte or
• •
, .
(5) "Display fireworks" means lar
. . , .
(6) "Extreme fire danger"means a period of hot, dry weather accompanied by low fuel
accelerated. [Ord. 12 15 § 2 (Att. A § 1)]
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Jefferson County. [Ord. 12 15 § 2 (Att. A § 2)]
•
The county fire code official shall, after consultation with the representatives of the county's fire
•
•
i•r_ this _h_pt„_ find .. state of ext fired o
in Jefferson County no longer constitute an"extreme fire danger,"then the county commission
(Att. A § 3)}
fireworks or special effect 'th tea refF rso" Cou t •
[Ord. 12 15 § 2 (Att. A § 4)]
vehicles, motor or sail ve ' �se
r
,
for those ' ' v�«»� 77.31 [Or 12 15 § 2 (Aft
L �
This chapter is intend
with that law and any and all rules or regulations issued pursuant thereto. [Ord. 12 15 § 2 (Att. A
§-Fr}}
8,75-470-Enforeement
provisions of this chapter. [Ord. 1-2 1
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