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Ordinance 3796-21
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Ordinance 3796-21
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Ordinances
Ordinance Number
3796-21
Date
2/3/2021
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exceeding five pounds shall not be defined as explosives, unless possessed or used for <br /> a purpose inconsistent with small arms use or other lawful purpose. <br /> C. Subsection 5601.2.4.2 of the IFC, entitled "Fireworks display" is herby deleted and the following <br /> inserted in its place: <br /> 5601.2.4.2 Fireworks display. Except where a general license for public display has been granted <br /> pursuant to RCW 70.77.355, the applicant for a permit under Section 5608 shall include with the <br /> application evidence of a bond issued by an authorized surety company. The bond shall be conditioned <br /> upon the applicant's payment of all damages to persons or property resulting from or caused by such <br /> display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees or <br /> subcontractors in presentation of the display. Instead of a bond, the applicant may include a certificate <br /> of insurance evidencing the carrying of appropriate public liability insurance for the benefit of the <br /> person named therein as assured, as evidence of ability to respond in damages.The amount of the <br /> surety bond or certificate of insurance required by this section shall not be less than fifty thousand <br /> dollars and one million dollars for bodily injury liability for each person and event, respectively, and not <br /> less than twenty-five thousand dollars for property damage liability for each event. <br /> D. Subsection 5601.7.1 of the IFC, entitled "Seizure of fireworks" is hereby added: <br /> 5601.7.1 Seizure of fireworks. Fireworks seized pursuant to Section 5601.1.3 by the city fire marshal or <br /> designee or the chief of police or designee or the State Fire Marshal may be disposed of immediately. <br /> Exceptions: Fireworks seized from any person for being sold, offered for sale, and or stored with <br /> the intent to sell may within 15 days after such seizure may wish to contest or petition the city <br /> fire marshal to return the fireworks seized upon the grounds that such fireworks were illegally <br /> or erroneously seized shall request a hearing pursuant to EMC Chapter 1.20. <br /> E. Subsection 5608.2.1 of the IFC, entitled "Outdoor fireworks displays," is hereby deleted and the <br /> following inserted in its place: <br /> 5608.2.1 Outdoor fireworks displays. Outdoor fireworks displays also known as public displays shall <br /> conform to the following minimum standards and conditions: <br /> 1. All displays must be planned, organized, and discharged by a state-licensed pyrotechnician. <br /> 2. A permit must be obtained at least thirty days in advance of the proposed display from the <br /> Fire Marshal's Office and approved by the fire marshal or designee. <br /> 3. A drawing shall be submitted with the application to the Everett Fire Marshal's Office <br /> showing a plan view of the fireworks discharge site, the fallout zone, and surrounding area. <br /> The drawing shall include all structures,fences, barricades, streets, fields, streams, and any <br /> other significant factors that may be subjected to ignition or that may inhibit firefighting <br /> capabilities. <br /> 4. The fallout zones shall be determined by the most restrictive of the following criteria: <br /> a. As per manufacturers recommendations. <br /> b. Vertical mortars up to a 2-inch shell shall be 70 feet per inch of shall. <br /> c. Vertical mortars greater than a 2-inch shell shall be 100 feet per inch of shell. <br /> ni FIRE CODE ORDINANCE Page 24 of 39 <br />
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