Fireworks amendment fails in 1-2 vote

DAYTON—Fireworks have been an issue for city and county officials as fire conditions continued to worsen in Walla Walla and Columbia Counties. Columbia County Commissioners held a public hearing on Tuesday, September 7, to discuss an ordinance to allow the county to impose emergency bans on fireworks should local fire conditions warrant it.

Currently, Columbia County and the City of Dayton cannot impose a ban on firework sales and use, even if there is immediate fire risk due to drought or surrounding fires. The Revised Code of Washington (RCW) specifies the times fireworks can be sold and used during the year. There are only two times a year that Washington state allows the sales and use of fireworks. For July 4th celebrations, fireworks can be sold and used between June 28 and July 5. For New Year’s celebrations, fireworks can be purchased, not used, from December 27 to 30. Fireworks may only be used on December 31, from 6 p.m. to 1 a.m.

RCW 70.77.250 allows counties and cities to adopt a more restrictive code than state law; however, ordinances to allow emergency bans are not effective until one year after they are passed. This means the county would have to pass the new ordinance before June 28, 2022, for it to go into effect by June 28, 2023

The commissioners discussed Ordinance 2021-06, which would amend Title 8 of the Columbia County Code. It would allow county officials to temporarily ban firework sales and use during extreme drought or at times of high fire risk. There are many municipalities in the state that have adopted similar temporary ban ordinances as drought, and extreme fire conditions have increased over the last decade.

The stated purpose of the amendment is to address potentially high risks to public health and safety within the unincorporated areas of Columbia County due to fire hazards resulting from the sale and discharge of fireworks.

The Columbia County Code defines “fireworks” as any composition or device, in a finished state, containing any combustible or explosive substance to produce a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives.

Under the proposed amendment, the county fire marshal could declare a temporary ban under specific fire danger components and indices, including a Burning Index of at least 18, fuel moisture content below 8, and energy release component is in the 90th percentile, must have been recorded in at least one of three Remote Automated Weather Stations (RAWS).

The commissioners received mixed feedback regarding the amendment during the meeting. Dayton resident Cindi John asked if it would be possible to provide a safe area that could be watered down and designated for fireworks discharge.

“My opinion is that this is an infringement upon our rights as US citizens,” one speaker said. “I don’t believe that we have the history that shows that firework abuse has led to any sort of major fire in the area.”

Other speakers voiced concerns that the amendment would take away their right to discharge fireworks on Independence Day and New Year’s.

Melissa Bryan of Dayton said that the amendment would infringe on citizens’ rights.

“I believe that the fire nature for fireworks is not that severe that we would need to enact the law,” Bryan said. “I understand that we are trying to prevent fire, however, I don’t believe that the Fourth of July is something that we need to be so overly burdened by; that we are so concerned about fire that we are willing to shut down everything.”

Another speaker against the amendment said everyday items, including cigarettes and equipment blades, pose a bigger fire threat than fireworks.

Fred Clarke of Dayton was concerned the amendment does not address large fireworks, including mortars, that reach high altitudes and cause large explosions. One speaker said that those fireworks do not cause fires due to their altitude. Clarke remained firm on his stance, saying that the wind can carry sparks from the fireworks, which may result in ignition.

Commissioner Rundell stated that in 2018, fireworks were reported to have started 19,500 fires across the United States, resulting in five civilian deaths, 46 civilian injuries, and $105 million in direct property damage. This data can be found on the National Fire Protection Association’s website, http://www.nfpa.org. He acknowledged the tradition of fireworks in United States history, referencing a letter written by John Adams on July 3, 1776. ‘It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.’

Commissioner Marty Hall said that it is a good idea to have the ordinance on the books, hoping that they will never need to use it.

Commissioner Chuck Amerein said that he did not support the ordinance, and he would like to see an ordinance that was less restrictive. All three commissioners supported a designated area for people to safely discharge legal fireworks.

Commissioner Marty Hall made a motion to approve Ordinance 2021-06. The ordinance failed, with Hall voting in favor and Rundell and Amerein voting against approval.