HomeMy WebLinkAbout022822ra03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Interim County Administrator
DATE: February 28,2022
SUBJECT: Public Hearing and Potential Action 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 limiting/prohibiting fireworks throughout the County. The Board of
County Commissioners held a workshop on February 7th,2022 to discuss a draft ordinance that is intended
to address this increased risk. That workshop was intended to help fine tune the draft ordinance for today's
public hearing. A copy of the draft ordinance that resulted from the workshop is attached as Appendix A.
In preparing for the hearing, staff noticed some clarifying changes that should be made. The clarifying
changes are shown on Appendix B. Finally,a PowerPoint for staffs presentation at the hearing is attached.
ANALYSIS: The purpose of today's hearing is to have the Board listen to a staff presentation regarding
the draft ordinance,to hear from fire experts and the public regarding the draft ordinance,to deliberate and
perhaps take-action.
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.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board listen to the staff presentation,take testimony from fire experts and the public, deliberate
and either approve the draft ordinance as presented or modified during the hearing or give further
guidance to staff.
REVIEW D BY:
AID 02/25—AA
Mark McCaule friterim County Administ,;y Date
APPENDIX A –POSTED PER HEARING NOTICE
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns)of ORDINANCENO._____________
the Jefferson County Code
WHEREAS,Article XI, section 11of the Washington Constitution, confersupon 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 11of the Washington Constitutionis 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,RCW36.32.120(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 reasonableand 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)hasheld 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 Boardas follows:
Section 1. Amending Chapter 8.75JCC.The Boardrepeals and replacesthe current Chapter 8.75
JCCwithAppendix A.The current Chapter 8.75 JCC is in Appendix B.
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Section 2. Findings.The Boardadoptsthe above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
Section 3. Severability.The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to anyperson 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 exemptfrom 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 yearafter the date of adoptionper
RCW 70.77.250(4).
(SIGNTURES FOLLOW ON NEXT PAGES)
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ADOPTEDthis _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST:Kate Dean, Member
_________________________________________________________________________
Carolyn Galloway DateGreg 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
Title8-HEALTHANDSAFETY
Chapter8.75–FIREWORKSANDSKYLANTERNS
Sections:
8.75.010 Purposeand Construction.
(1) This chapter supplementsChapter 70.77RCW, 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 permissibleconsumer 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.
8.75.020Definitions.
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 RCW70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” meansthe 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 fireswithin unincorporated areas of Jefferson County.
(3) “Declaration of highfire hazard” means a declaration by the county fire marshalortheir
designee, or a local fire official or their designee, that a highfire hazardexistswithin their region
of responsibility.
(4)“Display fireworks”asin 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.
(8)“High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intenselyand 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
Countyor their designee.
(10)“Publicdisplayof 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 countyas a wholefor the county fire marshal.
(12)“Skylantern”has the same meaning as in RCW 76.04.005(19).
(13)“Specialeffects”has the same meaning as inRCW 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.
8.75.030Skylanternsprohibited.
Itisunlawfulforanypersontoignite,lightorlaunchanyskylanternwithinunincorporated
JeffersonCounty.
8.75.040-Prohibitedacts—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 RCW70.77.311.
(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.Exceptaspermittedinthischapter,the
discharge, manufacture, sale, storage, or transportation offireworksisprohibitedduring a
declaration of highfire hazarddeclared in a region of responsibility;provided,however,thatthis
restrictionshallnotapply:
(a)Totheusebyrailroadsorothertransportationagenciesforsignalorilluminationpurposes;
(b)Totheuseofagriculturaland wildlifefireworks;
(c) To the use ofdevices for vegetation management orwildfire firefighting tactics;
(d)Totheuseofflaresorfusesinconnectionwiththeoperationofvehiclesorvesselsforsignal
purposes,orusebyothersforemergencysignalpurposes,orilluminationofforuseinforest
protectionactivities,orforthoseotherusesdescribedinRCW70.77.311.
(e)Totheuseofspecialeffectswhenusedasanintegralpartofatheatricalproduction;
(f)Tothetransportationoffireworksthroughthecountyaspartofinterstatecommerce;or,
(g)Tothepublicdisplayoffireworksauthorizedbypermitissuedbythelocal fire official.
(3)Publication of Declaration of High Fire Hazard. The county fire marshaland each local fire
official shall publish the declaration of highfire 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–PermitsRequired.
(1)After obtaining any other permit required under Chapter 8.20JCC, JCC 18.20.380, or JCC
18.20.390, apublic display fireworks permitshallbeobtainedfromthecounty fire marshal, in
consultation with the localfireofficialto:
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(a)Possessorstorefireworksofanykind;
(b)Conductanoutdoorpublicdisplayoffireworks;
(c)Dischargeofspecial effectsfor theatrical productions;
(d)Dischargeagricultural andwildlife fireworks;
(e)Discharge devices for vegetation management;
(f)Dischargedisplay fireworks;
(g)Transportanyfireworks,exceptnopermitisrequiredfortransportbyapubliccarrieron
interstateorstateroutes;and,
(h)Useofdischargefireworksinsideanystructure.
(2)Permitsrequiredbythischaptershallbereviewedbythelocalfireofficial.Asaconditionof
anypermit,thelocalfireofficialmayrevokeapermitatanytimeduetosafetyconcerns.
(3)Thefeeforstoringortransportingfireworksshallbeonehundreddollars($100.00)perannum.
Noadditionalfeewillbechargedfortransportation,whichisinconjunctionwithapublicdisplay
permitoraspecialeffectsfireworkspermit.
(4) Anentertainment, amusement orassemblies permit also may be required by Chapter 8.20JCC
for an event. Where an entertainment, amusement orassemblies permit is required for an event,
the applicant shallobtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit.If an application foranamusement, entertainment or assembly permit
mustbe made to the board of county commissionerspursuant to JCC 8.20.030for an event, a
written final application for the entertainment, amusement orassemblies permitmust be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC18.20.380for any event.Where
atemporary outdoor use permitis required, the applicant shallobtain 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 permitunder this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390for an
event.Where a temporary festival conditionaluse permit is required, the applicant shallobtain
the temporary festival conditional use permitfrom the Department of Community Development
for the event pursuant to JCC 18.20.390before applying for a fireworks display permit under this
section.
8.75.060-Publicdisplay—Permitfee—Rulesandregulations.
(1)The county fire marshalshallhavethepowertoadoptreasonablerulesandregulationsforthe
grantingofpermitsforsupervisedpublicdisplayoffireworkswithintheir region of responsibility
within unincorporatedJeffersonCounty.
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(2)Theapplicationforapermitforapublicdisplayoffireworksshallbemadeinwritingtothe
countyatleastthirtydaysinadvanceofthedisplay.Theapplicationshallbeaccompaniedbya
letterfromthepersonlegallyresponsibleforthepropertyonwhichsuchdisplayistotakeplace.
Suchlettershallgrantpermissiontotheapplicantfortheuseofsuchproperty.Anypermitgranted
this chaptershallnotbetransferable.Allapplicablefeesandproofofliabilityinsuranceshallalso
accompanytheapplication.
(3)Thefeeforapublicdisplaypermitshallbeonehundreddollars($100.00), paid to the fire
district from which the application is sought;provided,however,thelocal fire officialmaywaive
suchfeeuponrequestmadeinadvance.
(4)Apublicdisplayof fireworks shallbeofsuchcharacter,andsolocated,dischargedorfired
thatintheopinionofthelocalfireofficial,thedisplayshallbedeemednothazardoustoproperty
orinjurioustoanyperson.Acompetentoperatorwhohasbeenapprovedbythelocalfireofficial
shallhandleeverysuchdisplay.Everyapprovedoperatorshallhavefirstobtainedastatelicense
pursuanttoRCW 70.77.355.
(5)Theapplicantshallprovidethecountywithapolicyorpoliciesofpublicliabilityandproperty
damageinsurancefromalicensedinsurancecompanyorcompanies,whichpoliciesshallbe
subjecttotheapprovalastoformbythecountyrisk managerinthefollowingamounts:one
milliondollars($1,000,000.00)ormoreforinjurytoanyonepersoninanyoneaccidentor
occurrence;threemilliondollars($3,000,000.00)ormoreforinjurytotwoormorepersonsinany
oneaccidentoroccurrence,andone milliondollars($1,000,000.00)fordamagetopropertyinany
oneaccidentoroccurrence.JeffersonCountyshallbenamedasanadditionalnamedinsuredon
suchpolicy.
(6)Anapplicantwhohasbeenrefusedapermitforpublicdisplayof fireworks orapermitfor
retailsaleoffireworksbythelocalfireofficialshallhavetherighttoappealthedecisionofthe
localfireofficialtothecounty boardofcommissioners.
8.75.070–SeizureofFireworks
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-Violationsandpenalties.
Pursuant to RCW36.32.120(7), this chapterdeclares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1)Misdemeanor. Anyperson,firm,corporationorassociationviolatingorfailingtocomply
withanyoftheprovisionsofthischaptershallbedeemedguiltyofamisdemeanorandupon
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convictionthereofshallbepunishedbyafineinasumnotexceedingonethousanddollars
($1,000.00)dollarsorbyimprisonmentinthejailforaperiodnottoexceedninety(90)daysorby
bothsuchfineandjail.
(2)Civil Infraction.
(a)Any person who violates any provision of this chapter maybe issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shallbe
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)Anotice 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 usedprior to enforcement under this
chapter.
(2) Thecountysheriffortheir designeehas the discretion to enforcethis 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 bemade 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) Sendbycertifiedmail anywarrant, citation or other process to the last known place of
residence of the person alleged to have violatedof this chapter, whichshall 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 19JCC,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 19JCC.
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(5) Enforcement throughthis chapterisnot exclusive and additional enforcement mechanisms may
exist, whichmay 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.
Ifanyprovisionofthischapterisdeclaredunconstitutionalortheapplicabilitythereoftoany
personorcircumstanceisheldinvalid,theconstitutionalityoftheremainderoftheordinance
codifiedinthischapterandtheapplicabilitythereoftootherpersonsandcircumstanceshallnotbe
affectedthereby.
8.75.110-Effectivedate.
Thattheordinancecodifiedinthischapterandtherules,regulations,provisions,requirements,
ordersandmattersestablishedandadoptedpursuant to the ordinance codified in this chapter shall
takeeffectandbeinfullforceandeffectone year afterthedateofadoption.
8.75.120Disclaimer 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.
8.75.030 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 publicis 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 countyfire 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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APPENDIX B -STAFF’S PROPOSED MODIFICATIONS FOR CLARITY
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns)of ORDINANCENO._____________
the Jefferson County Code
WHEREAS,Article XI, section 11of the Washington Constitution, confersupon 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 11of the Washington Constitutionis 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,RCW36.32.120(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 reasonableand 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)hasheld 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 Boardas follows:
Section 1. Amending Chapter 8.75JCC.The Boardrepeals and replacesthe current Chapter 8.75
JCCwithAppendix A.The current Chapter 8.75 JCC is in Appendix B.
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Section 2. Findings.The Boardadoptsthe above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
Section 3. Severability.The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to anyperson 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 exemptfrom 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 yearafter the date of adoptionper
RCW 70.77.250(4).
(SIGNATURES FOLLOW ON NEXT PAGES)
Page 2of 13
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ADOPTEDthis _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST:Kate Dean, Member
_________________________________________________________________________
Carolyn Galloway DateGreg Brotherton, Member
Clerk of the Board
Approved as to form only:
_________________________________
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 3of 13
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APPENDIX A–REPLACEMENT FOR CHAPTER 8.75 JCC
Title8-HEALTHANDSAFETY
Chapter8.75–FIREWORKSANDSKYLANTERNS
Sections:
8.75.010 Purposeand Construction.
(1) This chapter supplementsChapter 70.77RCW, 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 permissibleconsumer 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.
8.75.020Definitions.
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 RCW70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” meansthe 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 highfire hazard” means a declaration by the county fire marshalortheir
designee, or a local fire official or their designee, that a highfire hazardexistswithin 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.
(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)“Publicdisplayof 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 countyas a wholefor the county fire marshal.
(12)“Skylantern”has the same meaning as in RCW 76.04.005(19).
(13)“Specialeffects”has the same meaning as inRCW 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.
8.75.030Skylanternsprohibited.
Itisunlawfulforanypersontoignite,lightorlaunchanyskylanternwithinunincorporated
JeffersonCounty.
8.75.035Publication of Declaration of High Fire Hazard.
The county fire marshaland each local fire official shall publish the declaration of highfire hazard
in local media outlets for public review.
8.75.040-Prohibitedacts—Exceptions.
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(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:
(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 RCW70.77.311.
(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.Exceptaspermittedinthischapter,the
discharge, manufacture, sale, storage, or transportation offireworksisprohibitedduring a
declaration of highfire hazarddeclared in a region of responsibility;provided,however,thatthis
restrictionshallnotapply:
(a)Totheusebyrailroadsorothertransportationagenciesforsignalorilluminationpurposes;
(b)Totheuseofagriculturaland wildlifefireworks;
(c) To the use ofdevices for vegetation management orwildfire firefighting tactics;
(d)Totheuseofflaresorfusesinconnectionwiththeoperationofvehiclesorvesselsforsignal
purposes,orusebyothersforemergencysignalpurposes,orilluminationofforuseinforest
protectionactivities,orforthoseotherusesdescribedinRCW70.77.311.
(e)Totheuseofspecialeffectswhenusedasanintegralpartofatheatricalproduction;
(f)Tothetransportationoffireworksthroughthecountyaspartofinterstatecommerce;or,
(g)Tothepublicdisplayoffireworksauthorizedbypermitissuedbythelocal fire official.
(3)Publication of Declaration of High Fire Hazard.The county fire marshaland each local fire
official shall publish the declaration of highfire 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.
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8.75.045Failure to Cleanup Fireworks Waste.
Failure to clean up fireworks waste is prohibited under this chapter.
8.75.050–PermitsRequired.
(1)After obtaining any other permit required under Chapter 8.20JCC, JCC 18.20.380, or JCC
18.20.390, apublic display fireworks permitshallbeobtainedfromthecounty fire marshal, in
consultation with the localfireofficialto:
(a)Possessorstoredisplayfireworksofanykind;
(b)Conductanoutdoorpublicdisplayoffireworks;
(c)Dischargeofspecial effectsfor theatrical productions;
(d)Dischargeagricultural andwildlife fireworks;
(e)Discharge devices for vegetation management;
(f)Dischargedisplay fireworks;
(g)Transportanydisplayfireworks,exceptnopermitisrequiredfortransportbyapubliccarrier
oninterstateorstateroutes;and,
(h)Useofordischargeofdisplayfireworksinsideanystructure.
(2)Permitsrequiredbythischaptershallbereviewedbythelocalfireofficial.Asaconditionof
anypermit,thelocalfireofficialmayrevokeapermitatanytimeduetosafetyconcerns.
(3)Thefeeforstoringortransportingdisplayfireworksshallbeonehundreddollars($100.00)per
annum.Noadditionalfeewillbechargedfortransportation,whichisinconjunctionwithapublic
displaypermitoraspecialeffectsfireworkspermit.
(4) Anentertainment, amusement orassemblies permit also may be required by Chapter 8.20JCC
for an event. Where an entertainment, amusement orassemblies permit is required for an event,
the applicant shallobtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit.If an application foranamusement, entertainment or assembly permit
mustbe made to the board of county commissionerspursuant to JCC 8.20.030for an event, a
written final application for the entertainment, amusement orassemblies permitmust be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC18.20.380for any event.Where
atemporary outdoor use permitis required, the applicant shallobtain 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 permitunder this section.
Page 7of 13
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(6) A temporary festival conditional use permit also may be required by JCC 18.20.390for an
event.Where a temporary festival conditional use permit is required, the applicant shallobtain
the temporary festival conditional use permitfrom the Department of Community Development
for the event pursuant to JCC 18.20.390before applying for a fireworks display permit under this
section.
8.75.060-Publicdisplay—Permitfee—Rulesandregulations.
(1)The county fire marshalshallhavethepowertoadoptreasonablerulesandregulationsforthe
grantingofpermitsforsupervisedpublicdisplayoffireworkspermitswithintheir region of
responsibility within unincorporatedJeffersonCounty.
(2)Theapplicationforapermitforapublicdisplayoffireworkspermitshallbemadeinwriting
tothecountyatleastthirtydaysinadvanceofthedisplay.Theapplicationshallbeaccompanied
byaletterfromthepersonlegallyresponsibleforthepropertyonwhichsuchdisplayistotake
place.Suchlettershallgrantpermissiontotheapplicantfortheuseofsuchproperty.Anypermit
grantedthis chaptershallnotbetransferable.Allapplicablefeesandproofofliabilityinsurance
shallalsoaccompanytheapplication.
(3)Thefeeforapublicdisplayfireworkspermitshallbeonehundreddollars($100.00), paid to
the fire district from which the application is sought;provided,however,thelocal fire officialmay
waivesuchfeeuponrequestmadeinadvance.
(4)Apublicdisplayof fireworks shallbeofsuchcharacter,andsolocated,dischargedorfired
thatintheopinionofthelocalfireofficial,thedisplayshallbedeemednothazardoustoproperty
orinjurioustoanyperson.Acompetentoperatorwhohasbeenapprovedbythelocalfireofficial
shallhandleeverysuchdisplay.Everyapprovedoperatorshallhavefirstobtainedastatelicense
pursuanttoRCW 70.77.355.
(5)Theapplicantshallprovidethecountywithapolicyorpoliciesofpublicliabilityandproperty
damageinsurancefromalicensedinsurancecompanyorcompanies,whichpoliciesshallbe
subjecttotheapprovalastoformbythecountyrisk managerinthefollowingamounts:one
milliondollars($1,000,000.00)ormoreforinjurytoanyonepersoninanyoneaccidentor
occurrence;threemilliondollars($3,000,000.00)ormoreforinjurytotwoormorepersonsinany
oneaccidentoroccurrence,andone milliondollars($1,000,000.00)fordamagetopropertyinany
oneaccidentoroccurrence.JeffersonCountyshallbenamedasanadditionalnamedinsuredon
suchpolicy.
(6)Anapplicantwhohasbeenrefusedapermitforapublicdisplayoffireworks permitorapermit
forretailsaleoffireworksbythelocalfireofficialshallhavetherighttoappealthedecisionof
thelocalfireofficialtothecounty boardofcommissioners.
8.75.070–SeizureofFireworks
Pursuant to RCW 70.77.435,anyfireworks 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
Page 8of 13
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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-Violationsandpenalties.
Pursuant to RCW36.32.120(7), this chapterdeclares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1)Misdemeanor. Anyperson,firm,corporationorassociationviolatingorfailingtocomply
withanyoftheprovisionsofthischaptershallbedeemedguiltyofamisdemeanorandupon
convictionthereofshallbepunishedbyafineinasumnotexceedingonethousanddollars
($1,000.00)dollarsorbyimprisonmentinthejailforaperiodnottoexceedninety(90)daysorby
bothsuchfineandjail.
(2)Civil Infraction.
(a)Any person who violates any provision of this chapter maybe 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)Anotice 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 usedprior to enforcement under this
chapter.
(2) Thecountysheriffortheir designeehas the discretion to enforcethis 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;
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(c) Sendbycertifiedmail anywarrant, citation or other process to the last known place of
residence of the person alleged to have violatedof this chapter, whichshall 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 19JCC,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 19JCC.
(5) Enforcement throughthis chapterisnot exclusive and additional enforcement mechanisms may
exist, whichmay 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.
Ifanyprovisionofthischapterisdeclaredunconstitutionalortheapplicabilitythereoftoany
personorcircumstanceisheldinvalid,theconstitutionalityoftheremainderoftheordinance
codifiedinthischapterandtheapplicabilitythereoftootherpersonsandcircumstanceshallnotbe
affectedthereby.
8.75.110-Effectivedate.
Thattheordinancecodifiedinthischapterandtherules,regulations,provisions,requirements,
ordersandmattersestablishedandadoptedpursuant to the ordinance codified in this chapter shall
takeeffectandbeinfullforceandeffectone year afterthedateofadoption.
8.75.120Disclaimer 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.
8.75.030 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. \[Ord. 12-15 § 2 (Att. A § 8)\]
Page 13of 13
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1
February 28, 2022
Hearing on Proposed
BoCC Presentation on
Joe Nole, Jefferson County Sheriff
Fireworks Code Revisions
Philip C. Hunsucker, Chief Civil DPA
Mark McCauley, Interim County Administrator
Chief Bret Black, East Jefferson Fire & Rescue
February 28, 2022
2
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February 28, 2022
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Human activities are the main cause of wildfires. DNR uses burn restrictions and when conditions warrant, a Banand dry weather conditions. When a burn restriction is in place, it prohibits
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February 28, 2022
11
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4
RCW: STATE FIREWORKS LAW
from six o'clock p.m. on December 31st
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—
Chapter
between the hours of twelve o'clock noon and eleven o'clock
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within this state from twelve o'clock noon to eleven o'clock p.m. on Hearing on Proposed Fireworks Code
each day
seventh of December through the thirty
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Consumer Fireworks Legal Only for
:
eighth of June and between the hours of nine o'clock a.m. and eleven o'clock p.m. on the twenty
(4).
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385
eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day
-
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legal to sell and purchase consumer fireworks
70.77.
70.77.395
Consumer fireworks may be used or discharged
RCWDates and times consumer fireworks may be sold or dischargeddischarge of fireworks.(1) It is the twentythe fourth of July, from nine o'clock a.m. to nine o'clock p.m. on the fifth
of Julyp.m. on each day from the twentyin RCW(2)p.m. on the twentyof 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 5thuntil one o'clock a.m. on January 1st of the subsequent year(3) A city or county may enact an ordinance within
sixty days of June 13, 2002, to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter as provided
in RCW
February 28, 2022
RCW
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February 28, 2022
16
EJFD Chief Bret BlackEJFD Asst. Chief Brian TracerInterim County Administrator Mark McCauleyChief Civil DPA Philip Hunsucker
••••
Hearing on Proposed Fireworks Code
Sheriff Joe Nole
Prosecuting Attorney James Kennedy
Cooperative Development of the Ordinance
February 28, 2022
17
thethe
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February 28, 2022
18
8.75 JCC
Revise and
Ordinance to
Replace Chapter
19
after the date of
1
shall take effect and be in full force and effect on
Hearing on Proposed Fireworks Code
.
This ordinance
Key Provisions
—
70.77.250(4)
RCW
New Ordinance Section 5. Effective Date. the earliest date possible under state law, which currently is one yearadoption per
February 28, 2022
20
The county adopts the dates
seventh of December through
-
)
New Year’s
on the Sale or Discharge of
Hearing on Proposed Fireworks Code
and
Limits
.
of July
Law
th
4
.
eighth of June and between the hours of nine o’clock a.m. and eleven
-
Key Provisions
Exceptions
eighth of June, from nine o’clock a.m. to eleven o'clock p.m. on each day from the ninth of June to the third of July, and on July 4th between the hours of nine o’clock
--
—
—
acts
Prohibited
first of December of each year, and as provided in RCW 70.77.311.
-
-
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,
-
040
.
Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged.
)
75
.
New Ordinance
February 28, 2022
Consumer Fireworks to the
(Incorporates State Fireworks 8(1and times consumer fireworks may be sold or discharged under RCW 70.77.395, which currently is as follows:(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 twentytwentyfrom twelve o’clock noon to eleven o’clock p.m. on each day from the twentythe thirty(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 twentyo’clock p.m. on the twentya.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
21
as
xcept
E
.
declaration of high fire hazard
.
16
;
Hearing on Proposed Fireworks Code
Exceptions
—
acts
Key Provisions
—
the Manufacture, Sale, Transportation, Discharge, Storage or Use
region of responsibility
Prohibited
on
-
040
.
Limits
75
.
8(2)of Fireworks Is Prohibited During a Declaration of High Fire Hazardpermitted in this chapter, the manufacture, sale, transportation, discharge, storage or use of fireworks is prohibited
during a declared in a
New Ordinance
February 28, 2022
22
.
70.77.311
.
Hearing on Proposed Fireworks Code
Exceptions
—
Key Provisions
acts
—
Prohibited
-
040
.
provided, however, that this restriction shall not apply:
75
.
…
8(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 (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.
New Ordinance
February 28, 2022
23
)
local fire
The
changes
Failure to clean up fireworks
.
(with Staff’s proposed
Hearing on Proposed Fireworks Code
Exceptions
—
.
Provisions
acts
Key
—
Prohibited
-
040
.
Publication of Declaration of High Fire Hazard.Failure to Cleanup Fireworks Waste.
75
.
4)
New Ordinance
8(3) official shall publish the declaration of high fire hazard in local media outlets for public review(waste is prohibited under this chapter.
February 28, 2022
24
)
changes
(with Staff’s proposed
Hearing on Proposed Fireworks Code
Provisions
Key
—
to clean up fireworks waste is prohibited under this chapter.
.
county fire marshal and each local fire official shall publish the
8.75.035 Publication of Declaration of High Fire Hazard.Thedeclaration of high fire hazard in local media outlets for public review8.75.045 Failure to Cleanup Fireworks Waste.Failure
New Ordinance
February 28, 2022
25
local
a
or
,
t
.
, at 30, last
region of responsibility
county fire marshal or their designee
exists within their
Hearing on Proposed Fireworks Code
Chart that follows which also can be found a
the
Fire Chiefs asked that we use “high fire hazard,” which is
high fire hazard
” means a declaration by the
See
The
Key Provisions
, that a
—
” means a period of hot, dry weather accompanied by low fuel moistures, where fires start
Declaration of high fire hazardHigh fire hazard
New Ordinance 8.75.020 Definitions.The USFS uses the National Fire Danger Rating System, and that system does not use the term “severe fire danger.” https://gacc.nifc.gov/rmcc/predictive/nfdrs_gaini
ng_understanding.pdfaccessed on 11/25/2021. consistent with the “high” definition in the National Fire Danger Rating System, so they would have more flexibility.
(3) “fire official or their designee(7) “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.February 28, 2022
26
National Fire Danger Rating System
Hearing on Proposed Fireworks Code
Key Provisions
—
New Ordinance
February 28, 2022
27
National Fire Danger Rating System
Hearing on Proposed Fireworks Code
Key Provisions
—
New Ordinance
February 28, 2022
28
National Fire Danger Rating System
Hearing on Proposed Fireworks Code
Key Provisions
—
New Ordinance
February 28, 2022
29
wholly or partially
the county for the county
or
,
fire district
Hearing on Proposed Fireworks Code
” means the
for a local fire official
” means a fire chief of a fire district wholly or partially
Key Provisions
—
.
Region of responsibility
Local fire official
(8) “within Jefferson County or their designee.(10) “within Jefferson Countyfire marshal
New Ordinance 8.75.020 Definitions.
February 28, 2022
30
Hearing on Proposed Fireworks Code
The Board of County Commissioners should designate the DCD
Key Provisions
—
Staff Recommendation:Director or designee as the County Fire Marshal. This can be done by motion of the BoCC. Staff recommends that Title 18 JCC (the Unified Development Code) be amended
for transparency.
New Ordinance 8.75.020 Definitions.
February 28, 2022
31
or
, a
interstate
on
)
18.20.390
carrier
, or JCC
changes
public
a
by
to:
18.20.380
18
transport
for
JCC, JCC
.
8.20
required
;
(with Staff’s proposed
structure
is
;
any
Hearing on Proposed Fireworks Code
;
;
;
permit
productions
kind
inside
no
fireworks
any
fireworks
of
of
except
management
theatrical
fireworks
shall be obtained from the local fire official
for
;
display
wildlife
Key Provisions
.
fireworks
—
and
display
fireworks,
vegetation
effects
public
of
for
fireworks
Required
display
display
special
outdoor
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any
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discharge
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and,
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050
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75
New Ordinance
.
February 28, 2022
8(1)public display fireworks permit(a)(b)(c)(d)(e)(f)(g)state(h)
32
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the
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a
permit,
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(with Staff’s proposed
is
by
to
Hearing on Proposed Fireworks Code
due
which
fireworks
time
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be
any
display
at
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transportation,
permit
Key Provisions
for
.
a
chapter
—
transporting
this
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or
revoke
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may
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required
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fireworks
fire
050
.
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))
75
New Ordinance
.
23
February 28, 2022
8(local(additionaleffects
33
an
for
JCC
permit
to
outdoor
obtained
Where
.
be
Community
entertainment,
display
application
of
pursuant
event
)
must
an
the
temporary
an
If
a
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for
permit
fireworks
obtain
Department
Where
JCC
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the
20shall
.
commissioners
public
8
for an event. Where a temporary
event
assemblies
before applying for a
from
display
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county
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.
applicant
Chapter
fireworks
of
for
a
permit
18.20.390
by
the
18.20.390
fireworks
for
section
380
use
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amusement
20
.
this
event,
the
required
18
public
an
to
be
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applying
under
JCC
for
(with Staff’s proposed
may
made
by
fireworks
before
be
entertainment,
permit
a
Hearing on Proposed Fireworks Code
also
temporary
required
the
380
for
.
must
is
requiredthe
20
for
.
permit
display
be
18
permit
obtain
applying
permit
may
JCC
.
fireworksto
shall
application
also
assemblies
before
or
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Key Provisions
final
public
assemblies
or
permit
—
pursuant
permit
or
applicant
display permit under this section.
Required
use
written
the
a
event
amusement
fireworks
a
the
.
outdoor
assemblies
fireworks
for
entertainmentevent,
amusement
for
Permits
required,
an
and
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public
for
entertainment,
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050
030
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20
75
.
New Ordinance
45
.
(entertainment,amusementan8before(useDevelopmentunder(6) A temporary festival conditional use permit also may be required by JCC 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 fireworks February 28, 2022
8
.
or
or
be
34
The
grant
.
public
two
dollars
display
shall
Jefferson
to
insuranceprovided,
.
shall
;
company
display
such
display
injury
the
letter
thousand
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occurrence
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or
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or
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place
permits
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in
one
and
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application
of
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fire
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take
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the
days
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one
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local
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All
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following
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property
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by
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the
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to
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damage
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transferable
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and
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.
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00
;
the
.
77
.
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70
reasonable
liability
county
$
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50
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(with Staff’s proposed chapter
be$
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discharged
the
this
RCW
occurrence
adopt
public
operator
shall
by
to
to
or Hearing on Proposed Fireworks Code
advance
dollars
of
unincorporated
dollars
fireworks
responsible
in
located,
.
of
form
granted
so
permit
power
to
.within
made
pursuant
accident
hundred
competent
policy
legallypolicies
and
the
as
A
thousand
permit
or
.
one
one
such
have
fireworks
license
request
be
Anyfifty
person
any
on
.
of
public display
person
policy
regulations
in
approval
character,
shall
the
state
and
shall
upon
a
responsibility
a
any
the
and
of
fee
insured
such
to
property
from
display
with
to
person
Key Provisions
of
permit
marshal
such
Rules
such
permit for a
one
region
be
obtained
letter
named
—
fire
public
—
occurrence,
of
a
county
subject
injurious
a
.
any
fee
first
or
their
waive
shall
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be
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for
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county
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within
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shall
the
for
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permit
an
—
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displayproperty
shall
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a
and
foras
officialto
ofone
the
for
accompanied
permits
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policies
fire
public
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applicant
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any
be
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named
or
officials
in
the
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local
)be
for
which
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shall
to
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fireworks
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accompany
the
applicant
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not
shall
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February 28, 2022
.
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8(display(applicationpermissionshall(however,(((moreCounty(6) An applicant who has been refused a the right to appeal the decision of the local fire official to the county board of
commissioners.
35
Hearing on Proposed Fireworks Code
Key Provisions
—
Violations and penalties.
-
New Ordinance Authorizes:(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. “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.”
8.75.080
February 28, 2022
36
. The county sheriff shall coordinate
Hearing on Proposed Fireworks Code
JCC, Code Compliance. The county sheriff is the
19.10.015(19)
19
Key Provisions
—
Enforcement.
-
This chapter as well as permits or decisions issued under it may be enforced
JCC.”
New Ordinance(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.”(4) “through the provisions of Title “director” for purposes of JCC with the code compliance coordinator on decisions to enforce this chapter under Title 19
8.75.090
February 28, 2022
37
Questions?