A. Subsection 5601.1.3 of the IFC, entitled “Fireworks,” is hereby deleted and the following inserted in its place:

5601.1.3 Fireworks. It is unlawful for any person to store, sale, have possession of, handle, and or discharge fireworks of any kind including consumer grade firework, at any time, and at any location within the city limits of Everett.

Exceptions:

1. When permitted and approved by the fire marshal or designee, for public or approximate firework displays

2. When permitted and approved by the fire marshal or designee, discharging of consumer fireworks and such audible ground devices as firecrackers, salutes, and chasers may be allowed for use by religious organizations or private organizations or persons if purchased from a licensed manufacturer, importer, or wholesaler for the use on prescribed dates and locations, for religious or specific purposes.

3. Fireworks that have been seized by the city pursuant to 5601.7.1.

B. Subsection 5601.1.3.1 of the IFC, entitled “Violations and penalties” is hereby added:

5601.1.3.1 Violations and penalties. See Chapter 16.60.090 EMC.

C. Subsection 5601.2.2 of the IFC, entitled “Sale and retail display,” is hereby deleted and the following inserted in its place:

5601.2.2 Explosives, explosive materials or fireworks sales. It is illegal to offer for sale explosives, explosive materials or fireworks.

Exceptions:

1. The Fire Marshal is authorized to allow sales of explosives or explosive materials for activities such as demolition activities and fireworks for permitted public or approximate displays.

2. The use by law enforcement or emergency response agencies of devices that may fall within the definition of explosives, explosive materials or the definition of fireworks, when such devices are to be used in the furtherance of law enforcement or emergency response operations or training.

3. For the purposes of this chapter, small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.

D. Subsection 5601.2.4.2 of the IFC, entitled “Fireworks display” is herby deleted and the following inserted in its place:

5601.2.4.2 Fireworks display. Except where a general license for public display has been granted pursuant to RCW 70.77.355, the applicant for a permit under Section 5608 shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees or subcontractors in presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate public liability insurance for the benefit of the person named therein as assured, as evidence of ability to respond in damages. The amount of the surety bond or certificate of insurance required by this section shall not be less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event.

E. Subsection 5601.7.1 of the IFC, entitled “Seizure of fireworks” is hereby added:

5601.7.1 Seizure of fireworks. Fireworks seized pursuant to Section 5601.1.3 by the city fire marshal or designee or the chief of police or designee or the State Fire Marshal may be disposed of immediately.

Exceptions: Fireworks seized from any person for being sold, offered for sale, and or stored with the intent to sell may within 15 days after such seizure may wish to contest or petition the city fire marshal to return the fireworks seized upon the grounds that such fireworks were illegally or erroneously seized shall request a hearing pursuant to EMC Chapter 1.20.

F. Subsection 5608.2.1 of the IFC, entitled “Outdoor fireworks displays,” is hereby deleted and the following inserted in its place:

5608.2.1 Outdoor fireworks displays. Outdoor fireworks displays also known as public displays shall conform to the following minimum standards and conditions:

1. All displays must be planned, organized, and discharged by a state-licensed pyrotechnician.

2. A permit must be obtained at least thirty days in advance of the proposed display from the Fire Marshal’s Office and approved by the fire marshal or designee.

3. A drawing shall be submitted with the application to the Everett Fire Marshal’s Office showing a plan view of the fireworks discharge site, the fallout zone, and surrounding area. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.

4. The fallout zones shall be determined by the most restrictive of the following criteria:

a. As per manufacturers recommendations.

b. Vertical mortars up to a 2-inch shell shall be 70 feet per inch of shall.

c. Vertical mortars greater than a 2-inch shell shall be 100 feet per inch of shell.

5. When, in the discretion of the fire marshal, such requirement is necessary to preserve the public health, safety and welfare, the permit may, at the direction of the fire marshal or designee, require that a Everett Fire Department suppression personnel and apparatus be on site 30 minutes prior to and after the conclusion of the display. All compensation for fire personnel and apparatus will be paid by the applicant.

6. All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of 300 feet in all directions.

7. Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.

8. Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.

9. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to any noncompliance or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.

10. Areas of public access shall be determined by the fire marshal or designee and maintained by the applicant in an approved manner.

G. Subsection 5608.2.2 of the IFC, entitled “Use of pyrotechnics before a proximate audience,” is hereby deleted and the following inserted in its place:

5608.2.2 Proximate displays. Proximate displays use special effect devices specifically designed to have little or no fallout and are primarily used for indoor events where the audience is close to the fireworks. Proximate displays shall conform to the following minimum standards and conditions:

1. All displays must be planned, organized, and discharged by a state-licensed pyrotechnician.

2. A permit must be obtained at least thirty days in advance of the proposed display from the Fire Marshal’s Office and approved by the fire marshal or designee.

3. A permit application shall include but not limited to the following:

a. U.S. Department of Justice - Federal Explosives License/Permit (18 U.S.C. Chapter 40).

b. Pyro-technicians (operator) State License.

c. Pyro-technicians (operator) Resume/Work Experience.

d. Lead Pyro-technicians (operator) & Property Owner on-site representative contact information.

e. Description of the Pyrotechnic Effects.

f. Description of the Flame Effects.

g. Diagram of the stage plot plan showing effects placement.

h. Material Safety Data Sheets.

I. Certifications that the set, Scenery and rigging materials and inherently flame-retardant or have been treated to achieve flame retardancy.

4. When, in the discretion of the fire marshal, such requirement is necessary to preserve the public health, safety and welfare, the permit may, at the direction of the fire marshal or designee, require that a Everett Fire Department suppression personnel and/or Fire Marshal personnel be on site prior to and after the conclusion of the display. All compensation for fire personnel and apparatus will be paid by the applicant.

5. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to any noncompliance. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.

H. Subsection 5608.3 of the IFC, entitled “approved fireworks displays,” is hereby deleted and the following inserted in its place:

5608.3 Approved fireworks displays. The approved fireworks shall be arranged, located, discarded and fired in a manner that will not pose a hazard to property or endanger any person.

I. Subsection 5608.4 of the IFC, entitled “Clearance,” is hereby deleted and the following inserted in its place:

5608.4 Clearance. Spectators, spectator parking areas, and dwellings, buildings or structures shall not be located within the outdoor display site.

J. Section 5609 of the IFC, entitled “Temporary storage of consumer fireworks” is herby deleted. (Ord. 4007-24 §§ 2, 3 (Exh. A), 2024.)