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Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

“Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency.

“APA 87-1A” means the current edition of the American Pyrotechnic Association Standard No. 87-1A.

“Articles pyrotechnic” means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits of consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of July 24, 2002.

“Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of July 24, 2002, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder.

“Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of July 24, 2002, and including fused setpieces containing components which exceed 50 milligrams of salute powder.

“Fire chief” means the chief administrative officer of the fire department and/or designee who shall be the local fire official for purposes of Chapter 70.77 RCW.

“Fire nuisance” means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire.

“Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

“License” means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein.

“Licensee” means any person issued a fireworks license in conformance with Chapter 70.77 RCW.

“Manufacturer” includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items.

“Novelty smoke device” means a nonaerial device that produces only smoke, does not emit a percussive sound when used, and remains on the ground during use. All novelty smoke devices must meet the applicable requirements set out in APA 87-1A.

“Party popper” means a nonaerial device that is actuated by means of friction. Pulling the string or trigger activates the device, which produces a noise effect and releases paper streamers or confetti. All party poppers must meet the applicable requirements set out in APA 87-1A.

“Permit” means the official authorization granted by the city for the purpose of doing any act which is regulated by this chapter.

“Permittee” means any person issued a fireworks permit in conformance with Chapter 70.77 RCW.

“Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

“Public display of fireworks” means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of display fireworks.

“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks.

“Retailer” includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user.

“Snake” means a device in the form of a pressed pellet of chemical composition that upon burning produces a snake-like ash that expands in length as the pellet burns. Snakes are not aerial, do not emit a percussive sound when used, and remain on the ground during use. All snakes must meet the applicable requirements set out in APA 87-1A.

“Snapper” means a paper or plastic wrapped device that contains silver fulminate coated on small bits of sand or gravel that, when dropped, activates and produces a noise effect. All snappers must meet the applicable requirements set out in APA 87-1A.

“Sparkler” includes all of the following types of devices defined in APA 87-1A: “novelty flitter sparkler”; “novelty wire sparkler or novelty dipped stick”; “flitter sparkler”; and “wire sparkler or dipped stick.” Each device must meet the applicable requirements set out in APA 87-1A.

“Tank” means a small paper device that, when lit, emits sparks that causes it to move around on the ground and emit a percussive sound. Tanks are not aerial and, in design, resemble a vehicle or conveyance.

“Trick and novelty devices” or “novelties” means any small device that the United States Department of Transportation does not regulate as an explosive and does not classify as either a consumer firework or a display firework; except that the term does not include any type of sparkler.

“Wholesaler” includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display permittees. (Ord. 2376 § 1, 2021; Ord. 2357 § 1, 2021; Ord. 2190 § 1 (Exh. A), 2016; Ord. 1878 § 1, 2002; Ord. 1594 § 1, 1995; Ord. 1127 § 2, 1984).