by Sue Forde
UPDATE: An additional public hearing will be held on July 17, 2018 at 6 p.m. at the Clallam County Courthouse in the Commissioners’ Room. Be sure to let your voice be heard, either through a letter or email to the Commissioners, or by showing up to testify.
June 14, 2018
On June 19, 2018 at 10:30 a.m., the Clallam County Board of Commissioners will be holding a public hearing before passing an ordinance create inordinate requirements, regulations and fees, which would make it impossible for families or small groups to include small fireworks in their home celebrations.
Creating a new Chapter in the Clallam County Code titled, “Fireworks”.
(Read the proposed ordinance here: Fireworks proposed ordinance)
The proposed ordinance would virtually make it a crime, subject to a $250.00 fine, for families or small groups to enjoy consumer fireworks (you know, like sparklers, fountains, Roman candles and other fun times for all members of the family, as they celebrate our independence on the 4th of July).
The proposed ordinance states that it is intended to “augment” Chapter 70.77 RCW, – the state law – making it a more stringent law that the State’s. (Click here to read the RCW)
Let’s look at some of the statements in the referred-to RCW. First of all, the “intent” of that state law is not meant to be “prohibitory”. The majority of the law talks about “Display Fireworks” – the kind we watch at the harbor.
But this ordinance would be very “prohibitory” – it wouldn’t allow individuals to shoot off the fireworks we’ve always done in the past. These are called “Consumer Fireworks”, as compared to the huge displays, called “Display Fireworks”.
The proposed ordinance lumps all fireworks together – so the “consumer fireworks” would require the extreme permits, fees, and other regulations that “display fireworks” are required to follow.
Does this even make sense??
According to RCW 70.77.138, “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 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed 50 mg of salute powder.”
Again, this proposed ordinance would INCLUDE prohibition of consumer fireworks unless all the fees, permits, etc. are obtained that are necessary for “display fireworks”. “Fireworks” has been painted with a broad brush – a one-size-fits-all, which would eliminate families or small groups from enjoying consumer fireworks at their family or group get-togethers in celebration of our liberty on the 4th of July. These family events help to embed in our little children, in awe of backyard fireworks, the importance of our heritage and American tradition of liberty.
“Display” fireworks, as defined in RCW 70.77.131, “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 2 grains (130 mg) 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. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder.”
The RCW discusses “public displays”, or “display fireworks” as far as requirements, licenses, etc. are concerned. It doesn’t speak to “Consumer Fireworks” much at all, other than to state that “no license” is required for “…persons to purchase or use onsumer fireworks and such audible ground devices as firecrackers, salutes, and chasers” provided they are purchased from a licensed manufacturer…”
The state law does say that local governments can enact their own rules, ordinances, laws, etc. about fireworks – but since all politics is local, is that what we want? Extreme regulation, fees and permits for the little guy?
For those who argue that it’s for the “protection” of the forest, etc., the state law already has that covered. In RCW 70.77.495, it states:
It is unlawful for any person to set off fireworks of any kind in forest, fallows, grass, or brush covered land, either on his or her own land or the property of another, between April 15th and December 1st of any year, unless it is done under a written permit from the Washington state department of natural resources or its duly authorized agent, and in strict accordance with the terms of the permit and any other applicable law.”
So a law is already in place; we don’t need another layer of regulations.
And for those who might argue that fireworks might be dangerous, the state law already has that covered, too. RCW 70.77.575 states: “The chief of the Washington state patrol, through the director of fire protection, shall adopt by rule a list of the consumer fireworks that may be sold to the public in this state pursuant to this chapter. The chief of the Washington state patrol, through the director of fire protection, shall file the list by October 1st of each year with the code reviser for publication, unless the previously published list has remained current.”
So instead of making more rules, regulations, fees, permits, oversight and cost to the citizens to accomplish all that (additional staff to see who’s cheating, and to enforce?), let freedom ring in our county with individual liberty to enjoy consumer fireworks this and every future Independence Day.
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Let your voice be heard on this issue. The Commissioners want to hear from you! Call the courthouse at 360-417-2233, show up at the public hearing on June 19th, 2018 (the regular meeting starts at 10 a.m.; the hearing will start around 10:30 a.m.) and/or email your commissioners:
Commissioner Mark Ozias, District 1, mozias@co.clallam.wa.us
Commissioner Randy Johnson, District 2, rjohnson@co.clallam.wa.us
Commissioner Bill Peach, District 3, bpeach@co.clallam.wa.us
Apparently, a record is being kept of pro and con emails concerning this issue, and your email will be counted.
Find more meeting details and the agenda for Tuesday 19th by Thursday evening at http://www.clallam.net/bocc/public_meetings.html
