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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. Page 1of 5 DRAFT -2/7/2022 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) Page 2of 5 DRAFT -2/7/2022 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 5 DRAFT -2/7/2022 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. Page 4of 5 DRAFT -2/7/2022 (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: Page 5of 5 DRAFT -2/7/2022 (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: Page 6of 5 DRAFT -2/7/2022 (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. Page 7of 5 DRAFT -2/7/2022 (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 Page 8of 5 DRAFT -2/7/2022 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. Page 9of 5 DRAFT -2/7/2022 (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. Page 10of 5 DRAFT -2/7/2022 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. Page 11of 5 DRAFT -2/7/2022 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. Page 12of 5 DRAFT -2/7/2022 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 5 DRAFT -2/7/2022 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. Page 1of 13 DRAFT -2/25/2022 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 DRAFT -2/25/2022 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 DRAFT -2/25/2022 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. Page 4of 13 DRAFT -2/25/2022 (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. Page 5of 13 DRAFT -2/25/2022 (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. Page 6of 13 DRAFT -2/25/2022 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 DRAFT -2/25/2022 (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 DRAFT -2/25/2022 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; Page 9of 13 DRAFT -2/25/2022 (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. Page 10of 13 DRAFT -2/25/2022 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. Page 11of 13 DRAFT -2/25/2022 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. Page 12of 13 DRAFT -2/25/2022 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 DRAFT -2/25/2022 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 Background 3 Remember Last Year? 4 e7 6e52b55907 - 9e03 - 4c58 - 7572 - f66925f0 - july/281 - of - fourth - risk - wildfire - Hearing on Proposed Fireworks Code Firefighters, health officials brace for fireworks danger ahead of Fourth of July Here's why fire officials are asking you not to Thinking about setting off fireworks for the Fourth? https://www.king5.com/article/news/local/wildfire/washington February 28, 2022 5 Current Code 6 fire fuel low and by expected be accompanied can fires weather dry wildland hot, of that Hearing on Proposed Fireworks Code period a period . this means ” . during accelerated is danger It be fire . will Definitions 010 . Extreme “moisturesgrowth ) 75 . 6 8( Chapter 8.75 JCC: Fireworks and Sky Lanterns February 28, 2022 7 inin by fire )\] 3 may, § . chapter, A . this county’s conditionsconditions (Att danger in 2 resolution commission the § . fire thatthat by of 15 - 12 county codified danger . officialofficial extreme the fire \[Ord an . codecode commission then ordinance firefire representatives danger extreme the county constitute of of thefire the countycounty danger,” 11 with state county thethe fire then a extreme oror the of Section in in finding Hearing on Proposed Fireworks Code danger,” officialofficial “extreme state consultation a fire an defined statestate conditions after finding resolution that date . “extreme of shall, constitute an authorizedauthorized danger declare resolution effective repeal anan to official fire longer its the byby and no constitute code after repeal authority extreme fire of County may date County Adoption have declarationdeclaration aa state any county 030 . a 75 . Chapter 8.75 JCC: Fireworks and Sky Lanterns 8Thedistricts,UponJeffersonuponfindUponJeffersonresolution February 28, 2022 8 2 § 15 above) special - unlawful or 12 compound is . it defined \[Ord . (as effect,fireworks explosive in of is fireworks display fireworks grain all danger of fire consumer . fireworks, use as hundredths any and danger extreme five - sale of fire classified explode the twenty orto state not a . Hearing on Proposed Fireworks Code than extreme ignite of devices finding County more applicable state be not in novelty discharge, shall or Jefferson resolution trick containing transfer, section prohibitedas sell, thiscaps well commission to of unincorporated as paper Fireworks )\] cap county 4 person toy within a § 040 A provisions . . each any 75 . Chapter 8.75 JCC: Fireworks and Sky Lanterns Thefor 8Whenforeffectsexcept(Att February 28, 2022 9 “Authorized State Official” 10 - managed - \[authorized state official\] Commissioner Order Burn restrictions - Restricting campfires and debris Hearing on Proposed Fireworks Code caused wildfires during extremely hot - https://www.dnr.wa.gov/burn , as a tool to reduce human 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 outdoor fires on all state, county, city, and private land under DNR fire protection, including all state forests, DNRforestlands and DNR campgrounds.burning helps to reduce the likelihood of potentially destructive and dangerous wildfires. February 28, 2022 11 RCW 70.77 Chapter 12 ninth - New Year’s ninth of June through - and . of each year, and as provided of July 70.77.311 th from the twenty 4 RCW: STATE FIREWORKS LAW from six o'clock p.m. on December 31st from twelve o'clock noon to eleven o'clock , 70.77 , and first of December - Local governments may limit, prohibit sale or — Chapter between the hours of twelve o'clock noon and eleven o'clock , and as provided in RCW 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 - 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). - . 385 eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day - 70.77.31170.77.250 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 13 to or asas all for no and civil Any ensure . day the . to date powers county, per agency fireworks rules employees city, to theinvestigated chapter enforce police and of dollars be state to necessary and this effective to are relating an these as deputies agency cause necessary thousand rules necessary or jurisdiction rules with the administer have one such state the those rules and those shall other exceed exercise comply appoint adoptwithin adopt investigate any adopt not enforce law may shall RCW: STATE FIREWORKS LAW shallmay shall shall may shall shall chapter . state prevent 70.77 cities this not . duties than protection, protection, protection,protection, protection, and 252 subsection. protection, protection, does and fire Chapter fire 77 firefire fire . this fire enforcing of fire of 70 ofof of . of of powers Powers Counties from restrictive under . —RCW . chapter director director director director director director police director the this the more Hearing on Proposed Fireworks Code theunderthe the powers penalty of chapter the the of fireworks are this administer civil of grant through A of through . throughthrough through . through . through and that use year Limit On More Restrictive Local Laws This - provisions . enforcement requirements the patrol, patrol, city chapter patrol,patrol, patrol, chapter the patrol, patrol, law enforce or from this chapter out state One this adoption state to statestatestate enforcement state state of : of this procedural the carry general their . of patrol county the to for resulting, a to of Washington Washington after state WashingtonWashingtonWashington havingviolations Washington Washington by the the the thethe the required the the provisions implementationsubject government standards year of of ofofof of of for is agency and suspected the local one or and adopted chief chieffor chiefchiefchief chief chief Washington 250 or . criminal 70.77.250(4) minimum 77 The TheThe TheThe The .the The than the provisions necessary ))))))) 70 of6 123457 government ((((((( violation resulting, be county, necessary localcity, RCWChiefmayarestatewide ordinancessooner enforcepenaltyeachfires RCW February 28, 2022 14 Ordinance Cooperative New Fireworks Development of a 15 and burn chiefs tasked on . workshop fire . chiefs the BoCC local level at flexibility fire the ordinance the Hearing on Proposed Fireworks Code , the district more with . 2021 fire ordinance firearms of with work 2022 the , tonew draft 7 to requested a a staff Summer worked down Development of Revised Chapter 8.75 JCC, to be Adopted Before Summer 2022 BoCC February the develop InCountytoThebans,Staffpresentedon 1.2.3. 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 few a publicpublic BoCC in of . the . were , written written proposes no all 2022 . adoption provision , , BoCC ordinance 7 Staff were Hearing on Proposed Fireworks Code the 2022 the to , comment by there 25 ordinance particular supported February the any public changes to on to Friday, consideration, for of February requested received As further specific changes posted clarifying . Development of Revised Chapter 8.75 JCC, to be Adopted Before Summer 2022 workshop Friday,on changes of the AtrequestedTheordinanceAscommentsordinancecommentsBasedadditional 4.5.6.7. 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 store agricultural ofdevices any display discharge an and, or ; Permits or – of routes 050 . Transport ConductDischargeUse After obtaining any other permit required under Chapter PossessDischargeDischarge Discharge 75 New Ordinance . February 28, 2022 8(1)public display fireworks permit(a)(b)(c)(d)(e)(f)(g)state(h) 32 No the . special a permit, annum or any per ) of ) permit 00 . 100 $ ( display condition changes a public As dollars . a with . official hundred fire one concerns be local conjunction in the shall safety (with Staff’s proposed is by to Hearing on Proposed Fireworks Code due which fireworks time reviewed be any display at shall transportation, permit Key Provisions for . a chapter — transporting this . or revoke charged by Required be permit may storing will for required Permits fee official – fee fireworks fire 050 . The Permits )) 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 . for permit fireworks obtain Department Where JCC changes permit . the 20shall . commissioners public 8 for an event. Where a temporary event assemblies before applying for a from display or county any . applicant Chapter fireworks of for a permit 18.20.390 by the 18.20.390 fireworks for section 380 use . board amusement 20 . this event, the required 18 public an to be outdoor 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 assembly 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 – is section public for entertainment, applying this temporary 050 030 . . permit A An amusement, )) 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 supervisedsought liability of every for the is of for occurrence Such insurance . or more hundred handle proof ) advance or official, place permits ) in one and shall licensed application of :00 fire . a accident take fees the days 000 to , local one official isfrom amounts granting300 thirty the $ which changes any ( fire the of in applicable least display from for local at All insurance dollars . following the such opinion property the by district the county to in damage . whichin regulationsfire thousand the transferable on to the and that approved be County to damage property manager hundred not rules fired . for been . writingpaid ) propertyand or risk ), in 355 has 00 three shallor a permit for retail sale of fireworks by the local fire official shall have . . Jefferson 00 ; the . 77 . 000 who , for made 100 70 reasonable liability county $ .permit 50 ( (with Staff’s proposed chapter be$ ( 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 by use or be theto for fireworks county the mayhave additional within Permit shall the for injury accident permit an — application displayproperty shall provide fireworks a and foras officialto ofone the for accompanied permits shall policies fire public display applicant more any be a operator named or officials in the display local )be for which hazardous shall to Public00 fire fireworks . accompany the applicant - fee application not shall of public approved 000 persons , also 060 The A The .The Local New Ordinance ) ))))100 75 February 28, 2022 . 12345$ deemedEverycompanies, 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?