While reviewing State-wide fireworks information for my previous posting to this blog, I decided to also compare the City's fireworks ordinance (i.e., BMC 10.24.130) with Washington State fireworks laws (i.e., RCW 70.77 and WAC 212-17). This review revealed the following items which I need to share with you:
- Since my last visit the the Fire Marshal's compilation of fireworks bans and restrictions in Washington, the numbers of both have increased noticeably: Bans in Cities have increased from 51 to 58. Restrictions in Cities have increased from 55 to 91. And restrictions in Counties have increased from 9 to 13. Bellingham public officials need to recognize the significance of these increases and make ours the 59th city in Washington to put a total ban of fireworks in place.
- Since I began, nearly four years ago, to voice my concerns about fireworks in Bellingham, many residents of our City - including a couple of Members of City Council and a former Mayor - have stated that they thought fireworks were already banned in our City. WRONG! As allowed by RCW 70.77.250(4), Bellingham revised its' fireworks ordinance by putting restrictions, but not a ban, in place in 2005. The current fireworks ordinance (i.e., BMC 10.24.130) includes restrictions that are above and beyond the minimum requirements of RCW 70.77 and WAC 212-77. Consumer fireworks are not currently prohibited.
- So, the obvious question is, what restrictions are currently in effect in our City? One fact is somewhat surprising: no types of fireworks other than those already prohibited by State or Federal statutes were added to the current fireworks ordinance. And the actual restrictions that were added have proven to be unenforceable and hence ineffective. Both are in force each year during the June/July time frame. RCW 70.77.395 and WAC 212-17-060 stipulate the 8-days when consumer fireworks may be legally sold and used in our State, from the 28th of June through the 5th of July. The current Bellingham fireworks ordinance reduces consumer fireworks sales by just one day, allowing no sales on the 5th of July, and consumer fireworks use to just one day, the 4th of July. A total ban in our City would prohibit the sale and use of consumer fireworks year round except so-called "toy cap, trick and novelties", as provided for in RCW 70-77-405 and WAC 212-17-30, and those already listed at BMC 10.24.130.D.
Later . . .
