8.28.140 Sale of fireworks – Requirements.
The sale of fireworks within the city shall be subject to the following requirements:
A. The fireworks retailer shall apply for and obtain a valid permit for the sale of fireworks from the city on the application form provided by the city including payment of any application fees.
B. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive liability insurance policy with the following minimum coverage limits:
1. For bodily injuries: not less than five hundred thousand dollars per person and two million dollars per event; and
2. For property damage: not less than five hundred thousand dollars per event.
3. The general liability policy required by this section shall name the city of Cle Elum as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days’ written notice to the city. The policy shall be in a form approved by the city attorney.
C. All sales of fireworks shall be from temporary stands. Temporary stands for sales to occur during the authorized retail sales period from June 28th to July 5th of any year shall not be erected prior to the eighteenth of June of that year and shall be removed or torn down not later than the tenth of July of that year. Temporary stands for sales to occur during the authorized sales period from December 27th to December 31st of any year shall not be erected prior to the seventeenth of December of that year and shall be removed or torn down not later than the fifth of January of the following year.
D. The fireworks stands of all those persons engaging in the sale of fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions:
1. Fireworks stands shall comply with all provisions of the building code and related safety codes and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons.
2. No fireworks stand shall be located within fifty feet of any other building or structure, nor within one-quarter of one mile of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.
3. Each fireworks stand must have at least two exits which shall be unobstructed at all times.
4. Each fireworks stand shall have a fire extinguisher in a readily accessible place duly approved in advance by the fire chief.
5. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty feet, measured from the exterior walls on each side of the fireworks stand.
6. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper “No Smoking” signs.
7. Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the fire chief.
8. No fireworks stand shall be located within a radius of one-quarter mile from any other stand.
9. Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises.
10. Each fireworks stand shall post prominently a list of fireworks that may be sold.
11. Each fireworks stand shall post prominently at the point of sale that igniting, exploding, or discharging fireworks is unlawful within the city limits, except as allowed under CEMC Section 8.28.040.
E. The applicant shall obtain an investigation and report of the fire chief’s findings and conclusions for or against the issuance of a permit, together with his or her reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person.