SKOKOMISH FIREWORKS SALES AND SAFETY ORDINANCE
Tribal code
Ask Donna
What actually matters in this document.
Text
SKOKOMISH FIREWORKS SALES AND SAFETY ORDINANCE
TABLE OF CONTENTS
GENERAL PROVISIONS
4.03.001
Title
4.03.002
Authority and Declaration of Purpose
4.03.003
Jurisdiction
4.03.004
No Waiver of Immunity
4.03.005
Severability
4.03.006
Definitions
FIREWORKS COMMITTEE
4.03.007
Authority and Duty of Fireworks Committee
4.03.008
Adoption of Annual Regulations
4.03.009
Notice of Regulations
WHOLESALE FIREWORKS PERMITS AND SALES
4.03.010
Authorized Wholesalers
4.03.011
Wholesale Fireworks Permits and Fees
4.03.012
Violations
RETAIL FIREWORKS SALES AND PERMITS
4.03.013
Authorized Retailers
4.03.014
Retail Fireworks Sales Permits
4.03.015
Retail Fireworks Stands: Operation and Sales
4.03.016
Tribal Fireworks Stands
VIOLATIONS AND PENALTIES
4.03.017
Prohibited Fireworks
4.03.018
Unlawful Discharge of Fireworks
4.03.019
Other Prohibitions
4.03.020
Civil Fines
4.03.021
Civil Forfeitures
4.03.022
Revocation/Suspension of Permit
ENFORCEMENT
4.03.023
Tribal Law Enforcement Officers
PENALTY SCHEDULE
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 1 OF 31
GENERAL PROVISIONS
4.03.001
Title
This Ordinance shall be known as the Skokomish Fireworks Sales and Safety
Ordinance.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.002
Authority and Declaration of Purpose
(a) Authority. This Skokomish Fireworks Sales and Safety Ordinance is enacted
pursuant to the inherent sovereign authority of the Skokomish Indian Tribe in
accordance with the Treaty of Point No Point, the Constitution of the
Skokomish Indian Tribe and applicable federal law. Pursuant to Article V of
the Constitution, the Skokomish Tribal Council has the authority to enact laws
and ordinances to license and regulate the conduct of business activities, and
to impose taxes on all persons and property within the Tribe’s jurisdiction.
(b) Purpose. The Skokomish Tribal Council, as the governing body of the
Skokomish Indian Tribe, recognizes the need to enhance and strengthen the
development of the Reservation, supporting community values and goals for
achieving complete self-determination and self-governance as a separate
sovereign Nation. As a guide to interpretation and application, the purposes
of this Ordinance is as follows:
(1) To prevent the sale of illegal and unsafe fireworks on the Skokomish
Indian Reservation and other property within the Tribe’s jurisdiction;
(2) To promote the safety and welfare of the Skokomish community
members by regulating the conduct of Wholesale fireworks sales within
the Reservation and of Retail fireworks sales along the heavily traveled
highways on the Reservation;
(3) To generate revenue for operation of the Skokomish tribal
government, including the administration and enforcement of this
Ordinance; and
(4) To assert, to the exclusion of state and local regulatory authorities, the
Tribe’s authority over the conduct of trade in, and the use and disposition
of, fireworks on the Reservation.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 2 OF 31
4.03.003
Jurisdiction
(a) General Jurisdiction.
The provisions of this Ordinance shall apply to the fullest extent of the sovereign
jurisdiction of the Skokomish Indian Tribe as authorized by the Tribe’s
Constitution, the Treaty of Point No Point and applicable federal law.
(b) Civil Jurisdiction.
Except as otherwise provided herein, the Skokomish Tribal Court shall have
jurisdiction over all civil proceedings arising under this Ordinance.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.004
No Waiver of Immunity
Nothing in this Ordinance is intended or shall be construed as a waiver of the sovereign
immunity of the Skokomish Indian Tribe. The Fireworks Committee as described in this
Ordinance may not waive or limit the sovereign immunity of the Tribe.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.005
Severability
If any provision or application of this Ordinance is determined by review to in invalid, such
adjudication shall not be held to render ineffectual the remaining portions of this
Ordinance or to render such provisions inapplicable to other persons or circumstances.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.006
Definitions
(a) Where a term is not defined in this Ordinance, it shall be given its ordinary
meaning.
(b) Terms used in this Ordinance, and regulations adopted under it shall have
the following meaning given to them in this section, except where specifically
defined or the context clearly indicates otherwise:
(1) “Enrolled Tribal Member” or “Tribal Member” means a person who is
an enrolled member of the Skokomish Indian Tribe.
(2) “Fireworks” means any device containing a combustible or explosive
substance intended to produce a visible or audible combustion,
explosion, deflagration, or detonation, but shall not include firearms.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 3 OF 31
(3) “Fireworks Stand” means a location or establishment at which
fireworks are offered for Retail sale only and which contains a
countertop-type buffer separating the customer from Retailer;
(4) “Immediate Family Member” means a member of the family unit
comprised of the husband or wife (whether by legal or common law
marriage), mother, father, brother, sister, and/or children (whether
natural or adopted).
(5) “Permittee” means a person awarded permission by the Skokomish
Indian Tribe to sell Fireworks at Retail or Wholesale.
(6) “Reservation” means the Skokomish Indian Reservation established
pursuant to the Treaty of Point No Point of January 26, 1855, 12 Stat.
933, and Executive Order of February 25, 1874 and includes all lands
within the exterior boundaries thereof, whether held in fee, restricted
or trust status.
(7) “Retail” means the sale of Fireworks to ultimate consumers, as
opposed to sale for further distribution or processing.
(8) “Tribal Court” means the Skokomish Tribal Court or any court
established by the Tribe to adjudicate violations of this Ordinance and
consequently adopted regulations.
(9) “Tribal Manager” means the Skokomish Tribal Manager hired by the
Tribal Council pursuant to Article VI of the Constitution and who is
responsible for the execution of tribal laws and policies and the
management of all tribal business.
(10) “Other property within the Tribe’s jurisdiction” means other areas of
territory and jurisdiction as defined in Article I, Section 2 of the
Constitution of the Skokomish Indian Tribe.
(11) “Wholesale” means the sale of Fireworks to a Retailer for resale, and
not to the ultimate consumer.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
FIREWORKS COMMITTEE
4.03.007
Authority and Duty of Fireworks Committee
(a) Fireworks Committee Established. There is hereby established the
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 4 OF 31
Skokomish Fireworks Committee (hereinafter “Fireworks Committee”).
(b) Role of Fireworks Committee. The Fireworks Committee shall act in a
regulatory and advisory capacity to the Skokomish Tribal Council and shall
carry out any other Fireworks related duties assigned to it by the Tribal
Council or this Ordinance. The Fireworks Committee hasauthority as follows:
(1) Promulgate regulations for all aspects of fireworks sales and safety
pursuant to this Ordinance, including but not limited to:
(i) recommending the time and place where sale of Fireworks is
lawful;
(ii) recommending and defining the types of sales allowed for
those Fireworks not already defined in this Ordinance;
(iii) recommending the time, place and manner in which it will be
lawful to use, ignite, or discharge Fireworks;
(iv) recommending additional requirements and conditions of the
issuance and use of retail and wholesale fireworks permits;
and
(v) regulating all other aspects of Fireworks sales which the Tribal
Council refers to the Fireworks Committee.
(2) To monitor and inspect, in conjunction with Tribal Law Enforcement, all
Wholesale and Retail Fireworks Stands within the Reservation for
compliance with this Ordinance and all regulations adopted under it.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.008
Adoption of Annual Regulations
The Fireworks Committee shall prepare proposed annual regulations. These proposed
annual regulations shall cover all aspects of tribal Fireworks sales to be consistent with
this Ordinance. In preparing the proposed annual regulations, the Fireworks Committee
shall:
(a) Consider all recommendations made by Committee Members and other
Tribal Members; and
(b) Submit the proposed annual regulations to the Tribal Council with a written
resolution approving and authorizing the adoption of the annual regulations to
be effective on dates specified therein.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 5 OF 31
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.009
Notice of Regulations
Copies of all Fireworks regulations shall be provided to the Tribal Council as soon as
possible. Copies of all adopted regulations shall be prominently posted within the
Reservation and shall be available to Tribal Members upon request.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
WHOLESALE FIREWORKS PERMITS AND SALES
4.03.010
Authorized Wholesalers
No person shall make Wholesale sales of Fireworks within the Reservation without a
valid annual Wholesale Fireworks Permit issued by the Skokomish Indian Tribe.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.011
Wholesale Fireworks Permits and Fees
Any person who wishes to make Wholesale sales on the Reservation must apply each
year for a tribal Wholesale Fireworks Permit. Applications must be submitted in writing to
the Tribal Manager. Approval of all applications shall be within the discretion of the Tribal
Manager. All permit fees may be changed by the annual Fireworks Sales and Safety
Regulations as approved by the Tribal Council. There shall be two types of Wholesale
Fireworks Permits:
(a) Mobile Wholesale Permit (Fee of $500)
A Mobile Wholesale permit shall be approved only for the sale of Fireworks to
approved Retail Fireworks owners/operators or their designated employee within
the Reservation. Prior to each Wholesale purchase, the Wholesaler shall require
each Retail Fireworks owner/operator or their designated employee to present a
valid “Buying Authorization Card.” A mobile Wholesaler must vacate the
Reservation after each sale.
(b) On-Site Permit (Fee of $750)
An on-site Wholesale permit shall be approved only for sale of Fireworks to
approved Retail Fireworks owners/operators or their designated employee within
the Reservation. Prior to each Wholesale purchase, the Wholesaler shall require
each Retail Fireworks owner/operator or their designated employee to present a
valid “Buying Authorization Card.” An on-site Wholesaler must be located at least
300 feet from any residence, Fireworks Stand or other structure.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 6 OF 31
(c) Payment of Fees
All Wholesale Firework Permit applications must be approved and permit fees
paid prior to sales on the Reservation. NO DEFERRAL PAYMENTS ON
WHOLESALE FIREWORKS PERMITS AND FEES IS AUTHORIZED.
(d) Terms of Permit
Each Wholesale Fireworks Permit shall state such terms and conditions
necessary to achieve the purposes of this Ordinance.
(e) Display of Permit
Every Wholesale Fireworks Permit issued pursuant to this Ordinance shall be
prominently displayed by the Wholesaler when conducting business within the
Reservation.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.012
Violations
Any person who makes or attempts to make Wholesale sales of Fireworks within the
Reservation in violation of this Ordinance shall be subject to the following penalties:
(a) Civil Fine: No less than $500, but no more than $5000 per violation.
(b) Civil Forfeiture: pursuant to section 4.03.021 of this Ordinance.
(c) Revocation/Suspension of Permit: pursuant to section 4.03.022 of this
Ordinance.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
RETAIL FIREWORKS SALES AND PERMITS
4.03.013
Authorized Retailers
No person shall make Retail sales of Fireworks within the Reservation or other property
within the Tribe’s jurisdiction without a valid annual Retail Fireworks Sales Permit issued
by the Skokomish Indian Tribe.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.014
Retail Fireworks Sales Permits
Retail Fireworks Sales Permits and Buying Authorization Cards shall be issued only to
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 7 OF 31
enrolled Skokomish Tribal members and shall be approved only for the sale of Fireworks
from Retail Fireworks Stands on the Reservation or other property within the Tribe’s
jurisdiction. WHOLESALE PURCHASES FOR AND/OR RETAIL SALES OF
FIREWORKS FROM OTHER THAN A FIREWORKS STAND IS STRICTLY
PROHIBITED. Each applicant must apply each year for a tribal Retail Fireworks Sales
Permit and Buying Authorization Card (replacement charge of $10.00 per lost, misplaced
or damaged permit or card).
(a) Qualifications for Retail Fireworks Sales Permit.
To qualify for a tribal Retail Fireworks Sales Permit, an applicant must submit to
the Tribal Manager the written “Fireworks Retail Sales Permit Application” which
shows to applicant has the following qualifications:
(1) Enrolled member of the Skokomish Indian Tribe;
(2) At least eighteen (18) years of age; and
(3) Property within Reservation on which Fireworks Stand will be located
must be held in trust or must be Indian-owned fee property. Property
outside the Reservation must be held in trust. The following evidence
shall be provided:
(A) Ownership of the property;
(B) Statement of consent of owner(s); or
(C) Other legal authorization to occupy the property.
(b) Action on Permit Application
Within ten (10) days of receipt of an application, the Tribal Manager shall
determine whether an applicant qualifies for a Retail Fireworks Sales Permit as
provided in sub-section (a) above. The Tribal Manager shall either approve and
issue the permit to a qualified applicant, or shall notify the applicant in writing of
the reason(s) for denial of the permit. All decisions of the Tribal Manager may be
appealed to the Tribal Council. The decision of the Tribal Council shall be final.
(c) Permit Fees
All permit, lease and cleaning deposit fees may be changed by the annual
Fireworks Sales and Safety Regulations as approved by the Tribal Council:
(1) Generally
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 8 OF 31
All Retail Fireworks Stand owners/operators will be required to submit the
following fees with their application:
(A) $110.00 Retail Fireworks Sales permit fee on all Stands,
regardless of size; and
(B) An additional permit fee will be assessed:
(i) $100.00 for Stands measuring 21’-40’ x 11’-20’ x 11’20’; and
(ii) $200.00 for Stands measuring 41’-60’ x 21’-30 x 21’-30;
and
(iii) $300.00 for Stands measuring 61’-80’ x 31’-40 x 31’40’; and
(iv) Fees in increments of $100.00 for larger Stands at a
rate commensurate with the increases described
herein; and
(C) All applicants must pay a $100.00 refundable cleaning deposit
prior to opening of their Fireworks Stand. Ten dollars is
designated from each permit sold to be held in a separate
account for future use by the Fireworks Committee for
upcoming seasons.
(2) Tribally-owned property
The Tribe may authorize Fireworks Stands to be located on tribally-owned
property as follows:
(A) Fireworks Stand owners/operators will be selected by lottery.
An application and a $20.00 non-refundable fee are required at
the time enrolled tribal members submit their names to be
selected for a lottery slot. Fees collected will be designated for
clearing property that can be utilized for leasing to tribal
members who would otherwise have no place for their
Fireworks business.
(B) Lease fees for tribally owned property will be established by
the annual Fireworks Sales and Safety Regulations as
approved by the Tribal Council. Selected enrolled tribal
members must pay the lease fee plus $110.00 Retail Fireworks
Sales permit fee plus a $100.00 refundable cleaning deposit
prior to opening their Fireworks Stand.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 9 OF 31
(C) A fee for portable toilets will be incorporated into the lease
fees established by the annual Fireworks Sales and Safety
Regulations as approved by the Tribal Council.
(3) NO DEFERRAL PAYMENTS ON RETAIL FIREWORKS PERMITS
AND FEES IS AUTHORIZED.
(d) Terms of Permit. Each Retail Fireworks Sales Permit shall state such terms
and conditions necessary to achieve the purposes of this Ordinance.
Provided, each Retail Fireworks Sales Permit shall only entitle the Permittee
to operate one Fireworks Stand:
(1) Of the length designated within the permit;
(2) At the location designated within the permit; and
(3) For the period established each year in the regulations.
(e) Transfer of Permit Prohibited. The Retail Fireworks Sales Permit may not be
transferred to any other person or applied to a Stand at a location other than
the one designated within the permit.
(f) Refunds.
(1) Permit fees paid at the time of permit application shall be promptly
refunded if the Tribal Manager determines that an applicant does not
qualify for a Retail Fireworks Sales Permit.
(2) Cleaning deposit refunds shall be refunded as follows:
(A) A Fireworks Stand owner/operator must collect and properly
dispose of all garbage and debris in and around the Fireworks
Stand:
(i) Within 10 days after the close of the summer Fireworks
season; and
(ii) Within 10 days after the close of the winter Fireworks
season,
(B) Following the ten (10) day periods referenced in sub-section
(A), the Fireworks Committee, Law Enforcement Officers
and/or tribal staff will inspect each Fireworks Stand for
compliance:
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 10 OF 31
(i) Upon a determination of compliance with sub-section
(A)(i), the cleaning deposit shall be refunded within
thirty (30) days following the close of the summer
Fireworks season.
(ii) Upon a determination of failure to comply with subsection (A)(i), the cleaning deposit shall be forfeited to
the Tribe. In addition, failure to comply with sub-section
(A)(i) may result in other penalties and fines contained
in Violations and Penalties below, and the Tribal
Manager may deny future permits to the Fireworks
Stand owner/operator for a period up to three years.
(iii) Upon a determination of failure to comply with subsection (A)(ii), in addition to other penalties and fines
contained within Violations and Penalties below, the
Tribal Manager may deny future permits to the
Fireworks Stand owner/operator for a period up to three
years.
(g) Non-Payment of Fines as Grounds for Denial of Permit
No permit shall be issued to an applicant who has outstanding fines imposed by
the Skokomish Tribal Court for violations of this Ordinance or any regulations
promulgated under it.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.015
Retail Fireworks Stands: Operations and Sales
(a) Display of Permit. Every Retail Fireworks Sales Permit issued pursuant to
this Ordinance shall be prominently displayed at the Fireworks Stand
authorized by the permit.
(b) Employees. NO PERSON UNDER THE AGE OF SIXTEEN (16) shall be
authorized to assist in the operation of a Fireworks Stand, except in the
presence of immediate adult supervision. At the time of application for a Retail
Fireworks Sales Permit, a Fireworks Stand owner/operator must list all
employees or persons that will be working in their Stands who are not enrolled
tribal members. Fireworks Stand owners/operators are only authorized to
employ or to allow sales of Fireworks to be made by a person who is either:
(1) An enrolled Skokomish tribal member; or a member of another
federally recognized Indian Tribe or Alaskan Native;
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 11 OF 31
(2) An immediate family member of the Fireworks Stand owner/operator.
(3) ANY PERSON WHO HAS VOLUNTARILY RELINQUISHED HIS OR
HER MEMBERSHIP IN THE SKOKOMISH INDIAN TRIBE is
prohibited from selling Fireworks on the Skokomish Reservation under
any and all circumstances.
(c) Safety Precautions/Restrictions.
(1) Every Fireworks Stand owner/operator shall keep, in a location which
can be easily reached by employees, either a fire extinguisher of at
least ten (10) pound dry weight, or a source and quantity of water
which can be immediately and effectively used for fire prevention and
control.
(2) No Fireworks Stands shall be located within fifty (50) feet of a
gasoline, oil, propane or flammable service or storage facility and/or
within 300 (300) feet of any tribal business and/or within fifty (50) feet
of any other tribal building or structure. No open flame shall be
located within three hundred (300) feet of the Twin Totems Grocery
and Convenience Store without the written permission of the
Skokomish Tribal Manager.
(3) Every Fireworks Stand owner/operator shall display in a prominent
place a sign which bears the following warning:
“IT IS UNLAWFUL TO DISCHARGE FIREWORKS
WITHIN FIFTY (50) FEET OF THIS STAND. VIOLATORS
SHALL BE SUBJECT TO CIVIL FINES OF UP TO
$1000.00 PER VIOLATION. S.T.C. 4.03.018(a).”
(4) Every Fireworks Stand owner/operator shall display in a prominent
place a sign which bears the following warning:
“NO SMOKING OR OPEN FLAME IS PERMITTED
WITHIN FIFTY (50) FEET OF THIS STAND. VIOLATORS
SHALL BE SUBJECT TO CIVIL FINES OF UP TO
$1000.00 PER VIOLATION. S.T.C. 4.03.019."
(d) Access and Parking. All Fireworks Stand owners/operators shall ensure that
safe, off-street automobile access and parking is available for all customers
and employees of the Fireworks Stand.
(e) Sign Removal. Within ten (10) days after the close of the summer Fireworks
season and within ten (10) days after the close of the winter Fireworks
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 12 OF 31
season, a Fireworks Stand owner/operator must remove all flags, signs,
billboards or any other advertisement materials promoting the sale of
Fireworks at any location within the Reservation, including any location on or
adjacent to the Fireworks Stand.
(1) If such flags, signs, billboards or other advertisement materials are not
removed within the ten (10) day period, they shall be deemed a public
nuisance by the Tribal Manager in violation of this Ordinance and may
be disposed of by tribal law enforcement officers and/or tribal staff
without further notice to, and at the expense of (including, but not
limited to, the forfeiture of the $50.00 cleaning deposit pursuant to
section 4.03.031(f) of this Ordinance) the Fireworks Stand
owner/operator.
(2) Provided further, if a Fireworks Stand owner/operator is found to be in
violation of this section, in addition to the civil fines and penalties
contained within VIOLATIONS AND PENALTIES below, the Tribal
Manager may deny future permits to the Fireworks Stand
owner/operator and/or any immediate family member for the sale of
Fireworks at the location deemed to be a public nuisance for a period
up to three years.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.016
Tribal Fireworks Stands
(a) No Permits or Fees Required. In addition to licensing individual Fireworks
Stand operators, the Tribal Council may authorize the operation of one or
more Stands wholly owned and operated by the Tribe. Each tribal Stand shall
be operated in accordance with the provisions of this Ordinance. Provided,
tribally owned and operated Stands shall not be subject to the permit and fee
provisions of this Ordinance.
(b) Operation. The Tribal Fireworks Stands shall be operated by a manager
appointed by the Tribal Council and compensated at a rate set by the Tribal
Council. The manager must be an enrolled member of the Tribe. The
manager may employ as many persons as are needed for operation of the
Stands, so long as all employees are enrolled members of the Tribe.
(c) Revenues. Revenues from sales at tribal Fireworks Stands shall be used first
for paying wages and business expenses. All remaining revenues shall be
declared surplus and deposited in the tribal general fund.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 13 OF 31
VIOLATIONS AND PENALTIES
4.03.017
Prohibited Fireworks
It shall be unlawful for any person within the Tribe’s jurisdiction to transport, possess,
discharge, or offer for sale any Fireworks which are prohibited by the Hazardous
Substances Act, 15 U.S.C. 1261, et seq., the Consumer Products Safety Act, 15 U.S.C.
2051, et seq., and which are banned or do not meet the requirements contained in the
regulations promulgated by the Consumer Products Safety Commission, including 16
C.F.R. Part 1507 (Fireworks Devices - copy attached), 16 C.F.R. Part 1500.17 (Banned
Hazardous Substances - copy attached), and all other applicable regulations, hereby
incorporated by this reference.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.018
Unlawful Discharge of Fireworks
(a) It shall be unlawful for any person to discharge or to permit another person to
discharge Fireworks within fifty (50) feet of a Fireworks Stand.
(b) It shall be unlawful for any person to discharge Fireworks after 12:00 Midnight
or earlier than 6:00 a.m. on the Reservation. On Holidays and weekends,
Fireworks may be discharged no earlier than 6:00 a.m. and no later than 2:00
a.m.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.019
Other Prohibitions
(a) Smoking Prohibited. It shall be unlawful for any person to smoke or to permit
another person to smoke within fifty (50) feet of a Fireworks Stand.
(b) Open Flame Prohibited. It shall be unlawful for any person to have an open
flame or fire, or to permit another person to have an open flame or fire, within
fifty (50) feet of a Fireworks Stand.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.020
Civil Fines
Except as otherwise specifically provided for, any person who violates any provision of
this Ordinance may be assessed a civil fine for each separate violation of not less than
$50.00 and not more than $1000.00.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 14 OF 31
4.03.021
Civil Forfeitures
Any Fireworks located on the Reservation or other property within the Tribe’s jurisdiction
which are being held for commercial sale in violation of this Ordinance, or which are
prohibited by section 4.03.017 of this Ordinance, are subject to civil forfeiture as provided
in the Civil Rules of the Skokomish Tribal Court. Such Fireworks may be seized by tribal
law enforcement officers before filing of a forfeiture complaint.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
4.03.022
Revocation/Suspension of Permit
Except as otherwise specifically provided for:
(a) Revocation of Permit. If a person who has been issued a Wholesale or Retail
Fireworks Sales Permit pursuant to this Ordinance is found to be in violation
of the Ordinance by the Skokomish Tribal Court, the Tribal Manager may
revoke the permit and may further deny the same person annual permits for
up to three years from the date of the conviction of the civil offense.
(b) Suspension of Permit. If probable cause exists to believe a person is in
violation of section 4.03.017 of this Ordinance, the Tribal Manager may
suspend the Permittee’s Wholesale or Retail Fireworks Sales Permit,
prohibiting all operations and sales by the Permittee pending a hearing before
the Skokomish Tribal Court. In such a case, the hearing before the
Skokomish Tribal Court must be held no later than seventy-two (72) hours
after the Tribal Manager issues the suspension, unless the Permittee
voluntarily waives this right.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
ENFORCEMENT
4.03.023
Tribal Law Enforcement Officers
(a) Skokomish Department of Public Safety. Law enforcement officers employed by
the Skokomish Department of Public Safety are hereby authorized to enforce the
provisions of this Ordinance. Tribal law enforcement officers shall have authority
to:
(1) Inspect Wholesale (on-site and mobile) dealers and Retail Fireworks
Stands to determine compliance with the provisions of this Ordinance;
(2) Serve notices and legal process;
S.T.C. 4.03
(3) Issue civil citations for violations of this Ordinance;
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 15 OF 31
(4) Seize Fireworks in accordance with the provisions of this Ordinance; and
(5) Otherwise enforce administrative decisions of tribal officials and/or
orders of the Skokomish Tribal Court in accordance with this Ordinance
and other applicable tribal laws.
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
Legislative History prior to July 5, 2017
+Adopted by Resolution No. 82-48 (September 1, 1982)
Amended by Resolution No. 91-05 (January 9, 1991)
Amended by Resolution No. 92-83 (September 30, 1992)
Amended by Resolution No. 09-025 (February 4, 2009)
Amended by Resolution No. 09-080 (May 13, 2009)
+Amended by Resolution No. 09-126 (August 5, 2009)
Amended by Resolution No. 10-060 (June 16, 2010)
Amended by Resolution No. 14-001 (January 8, 2001)
Reaffirmed by Resolution No. 17-100 (July 5, 2017)
+Ordinance and/or amendments not attached to the resolution in the Skokomish Tribal
Archives
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 16 OF 31
16 CFR
COMMERCIAL PRACTICES
CHAPTER II
CONSUMER PRODUCT SAFETY COMMISSION
SUBCHAPTER C -- FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS
PART 1507 -- FIREWORKS DEVICES
Sec.
1507.1 Scope.
1507.2 Prohibited chemicals.
1507.3 Fuses.
1507.4 Bases.
1507.5 Pyrotechnic leakage.
1507.6 Burnout and blowout.
1507.7 Handles and spikes.
1507.8 Wheel devices.
1507.9 Toy smoke devices and flitter devices.
1507.10 Rockets with sticks.
1507.11 Party poppers.
1507.12 Multiple-tube Fireworks devices.
Authority: 15 U.S.C. 1261-1262, 2079(d); 21 U.S.C. 371(e).
Source: 41 FR 22935, June 8, 1976, unless otherwise noted.
Cross Reference: See also 1500.14(b)(7); 1500.17(a) (3), (8) and (9); 1500.83(a)(27)
and 1500.85(a)(2).
§1507.1 Scope.
This part 1507 prescribes requirements for those fireworks devices (other than
firecrackers) not otherwise banned under the act. Any fireworks device (other than
firecrackers) which fails to conform to applicable requirements is a banned hazardous
substance and is prohibited from the channels of interstate commerce. Any fireworks
device not otherwise banned under the act shall not be a banned hazardous substance
by virtue of the fact that there are no applicable requirements prescribed herein.
§1507.2 Prohibited chemicals.
Fireworks devices shall not contain any of the following chemicals:
(a) Arsenic sulfide, arsenates, or arsenites.
(b) Boron.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 17 OF 31
(c) Chlorates, except:
(1) In colored smoke mixtures in which an equal or greater amount of
sodium bicarbonate is included.
(2) In caps and party poppers.
(3) In those small items (such as ground spinners) wherein the total
powder content does not exceed 4 grams of which not greater than 15
percent (or 600 milligrams) is potassium, sodium, or barium chlorate.
(d) Gallates or gallic acid.
(e) Magnesium (magnesium/aluminum alloys, called magnalium, are permitted).
(f) Mercury salts.
(g) Phosphorus (red or white). Except that red phosphorus is permissible in caps
and party poppers.
(h) Picrates or picric acid.
(i) Thiocyanates.
(j) Titanium, except in particle size greater than 100-mesh.
(k) Zirconium.
§1507.3 Fuses.
(a) Fireworks devices that require a fuse shall:
(1) Utilize only a fuse that has been treated or coated in such manner as
to reduce the possibility of side ignition. Devices such as ground
spinners that require a restricted orifice for proper thrust and contain
less than 6 grams of pyrotechnic composition are exempted from
§1507.3(a)(1).
(2) Utilize only a fuse which will burn at least 3 seconds but not more than
9 seconds before ignition of the device.
(b) The fuse shall be securely attached so that it will support either the weight of
the fireworks device plus 8 ounces of dead weight or double the weight of the
device, whether is less, without separation from the fireworks device.
[41 FR 22935, June 8, 1976, as amended at 61 FR 67200, Dec. 20, 1996; 61 FR 67200,
Dec. 20, 1996]
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 18 OF 31
§1507.4 Bases.
The base or bottom of fireworks devices that are operated in a standing upright position
shall have the minimum horizontal dimensions or the diameter of the base equal to at
least one-third of the height of the device including any base or cap affixed thereto.
§1507.5 Pyrotechnic leakage.
The pyrotechnic chamber in fireworks devices shall be sealed in a manner that prevents
leakage of the pyrotechnic composition during shipping, handling, and normal operation.
§1507.6 Burnout and blowout.
The pyrotechnic chamber in fireworks devices shall be constructed in a manner to allow
functioning in a normal manner without burnout or blowout.
§1507.7 Handles and spikes.
(a) Fireworks devices which are intended to be hand-held and are so labeled
shall incorporate a handle at least 4 inches in length (see §1500.14(b)(7)).
Handles shall remain firmly attached during transportation, handling and full
operation of the device, or shall consist of an integral section of the device at
least four inches below the pyrotechnic chamber.
(b) Spikes provided with fireworks devices shall protrude at least 2 inches from
the base of the device and shall have a blunt tip not less than 1/8-inch in
diameter of 1/8-inch square.
§1507.8 Wheel devices.
Drivers in fireworks devices commonly known as "wheels" shall be securely attached to
the device so that they will not come loose in transportation, handling, and normal
operation. Wheel devices intended to operate in a fixed location shall be designed in
such a manner that the axle remains attached to the device during normal operation.
§1507.9 Toy smoke devices and flitter devices.
(a) Toy smoke devices shall be so constructed that they will neither burst nor
produce external flame (excluding the fuse and firstfire upon ignition) during
normal operation.
(b) Toy smoke devices and flitter devices shall not be of such color and
configuration so as to be confused with banned fireworks such as M-80
salutes, silver salutes, or cherry bombs.
(c) Toy smoke devices shall not incorporate plastic as an exterior material if the
pyrotechnic composition comes in direct contact with the plastic.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 19 OF 31
§1507.10 Rockets with sticks.
Rockets with sticks (including skyrockets and bottle rockets) shall utilize a straight and
rigid stick to provide a direct and stable flight. Such sticks shall remain straight and rigid
and attached to the driver so as to prevent the stick from being damaged or detached
during transportation, handling, and normal operation.
§1507.11 Party poppers.
Party poppers (also known by other names such as "Champagne Party Poppers," and
"Party Surprise Poppers,") shall not contain more than 0.25 grains of pyrotechnic
composition. Such devices may contain soft paper or cloth inserts provided any such
inserts do not ignite during normal operation.
§1507.12 Multiple-tube fireworks devices.
(a) Application. Multiple-tube mine and shell fireworks devices with any tube
measuring 1.5 inches (3.8 cm) or more in inside diameter and subject to
§1500.17(a)(12) of this part shall not tip over when subjected to the tip-angle
test described in this section.
(b) Testing procedure. The device shall be placed on a smooth surface that can
be inclined at 60 degrees from the horizontal, as shown in Figure 1 of this
section. The height and width of the inclined plane (not including the portion
of the plane below the mechanical stop) shall be at least 1 inch (2.54 cm)
greater than the largest dimension of the base of the device to be tested. The
test shall be conducted on a smooth, hard surface that is horizontal as
measured by a spirit level or equivalent instrument. The mechanical stop on
the inclined plane shall be 1/16 inches (1.6 mm) in height and perpendicular
to the inclined plane. The stop shall be positioned parallel to the bottom edge
of the inclined plane and so that no portion of the device to be tested or its
base touches the horizontal surface. The device shall not tip over when the
plane is inclined at 60-degrees from the horizontal. The procedure shall be
repeated for each edge of the device.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 20 OF 31
FIGURE 1 TO §1507.12
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 21 OF 31
16 CFR - CHAPTER II - PART 1500
§ 1500.17 Banned hazardous substances.
(a) Under the authority of section 2(q)(1)(B) of the act, the Commission declares
as banned hazardous substances the following articles because they possess
such a degree or nature of hazard that adequate cautionary labeling cannot
be written and the public health and safety can be served only by keeping
such articles out of interstate commerce:
(1) Mixtures that are intended primarily for application to interior masonry
walls, floors, etc., as a water repellant treatment and that are
"extremely flammable" within the meaning of section 2(1) of the act
(repeated in § 1500.3(b)(10)).
(2) Carbon tetrachloride and mixtures containing it (including carbon
tetrachloride and mixtures containing it used in fire extinguishers),
excluding unavoidable manufacturing residues of carbon tetrachloride
in other chemicals that under reasonably foreseeable conditions of
use do not result in an atmospheric concentration of carbon
tetrachloride greater than 10 parts per million.
(3) Fireworks devices intended to produce audible effects (including but
not limited to cherry bombs, M-80 salutes, silver salutes, and other
large firecrackers, aerial bombs, and other fireworks designed to
produce audible effects, and including kits and components intended
to produce such fireworks) if the audible effect is produced by a
charge of more than 2 grains of pyrotechnic composition; except that
this provision shall not apply to such fireworks devices if all of the
following conditions are met:
(i) Such fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered
by the U.S. Department of the Interior (or by equivalent State
or local government agencies); and
(ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use
of such devices, is of a quantity no greater than required to
control the problem described, and is where other means of
control are unavailable or inadequate. (See also §
1500.14(b)(7); § 1500.17(a) (8) and (9); § 1500.83(a)(27); §
1500.85(a)(2); and part 1507).
(4) Liquid drain cleaners containing 10 percent or more by weight of
sodium and/or potassium hydroxide; except that this subparagraph
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 22 OF 31
shall not apply to such liquid drain cleaners if packaged in accordance
with a standard for special packaging of such articles promulgated
under the Poison Prevention Packaging Act of 1970 (Pub. L. 91-601,
84 Stat. 1670-74 (15 U.S.C. 1471-76)).
(5) Products containing soluble cyanide salts, excluding unavoidable
manufacturing residues of cyanide salts in other chemicals that under
reasonable and foreseeable conditions of use will not result in a
concentration of cyanide greater than 25 parts per million.
(6)(i) Any paint or other similar surface-coating material intended, or
packaged in a form suitable, for use in or around the household that:
(A) Is shipped in interstate commerce after December 31,
1973, and contains lead compounds of which the lead
content (calculated as the metal) is in excess of 0.06
percent of the total weight of the contained solids or
dried paint film; or
(B) Is shipped in interstate commerce after December 31,
1972, and contains lead compounds of which the lead
content (calculated as the metal) is in excess of 0.5
percent of the total weight of the contained solids or
dried paint film.
(C) [Reserved]
(D) The provisions of paragraph (a)(6)(i) of this section do
not apply to artists' paints and related materials.
(ii) Any toy or other article intended for use by children that:
(A) Is shipped in interstate commerce after December 31,
1973, and bears any paint or other similar surfacecoating material containing lead compounds of which
the lead content (calculated as the metal) is in excess
of 0.06 percent of the total weight of the contained
solids or dried paint film; or
(B) Is shipped in interstate commerce after December 31,
1972, and bears any paint or other similar surfacecoating material containing lead compounds of which
the lead content (calculated as the metal) is in excess
of 0.5 percent of the total weight of the contained solids
or dried paint film.
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 23 OF 31
(iii) Since the Commission has issued comprehensive regulations
for lead-containing paint and certain consumer products
bearing such paint at the 0.06 percent level under the
Consumer Product Safety Act (see 16 CFR part 1303),
paragraphs (i) and (ii) of § 1500.17(a)(6) are revoked as to the
subject products manufactured after February 27, 1978.
Note: The effective date of paragraphs (a)(6)(i)(A) and (a)(6)(ii)(A)
was stayed by an order published in the Federal Register of
August 10, 1972 (37 FR 16078).
(7) General-use garments containing asbestos (other than garments
having a bona fide application for personal protection against thermal
injury and so constructed that the asbestos fibers will not become
airborne under reasonably foreseeable conditions of use).
(8) Firecrackers designed to produce audible effects, if the audible effect
is produced by a charge of more than 50 milligrams (.772 grains) of
pyrotechnic composition (not including firecrackers included as
components of a rocket), aerial bombs, and devices that may be
confused with candy or other foods, such as "dragon eggs," and
"cracker balls" (also known as "ball-type caps"), and including kits and
components intended to produce such fireworks except such devices
which meet all of the following conditions:
(i) The fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered
by the U.S. Department of Interior (or by equivalent State or
local governmental agencies); and
(ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use
of such devices, is of a quantity no greater than required to
control the problem described, and is where other means of
control is unavailable or inadequate. (See also § 1500.17(a)
(3) and (9)).
(9) All fireworks devices, other than firecrackers, including kits and
components intended to produce such fireworks, not otherwise
banned under the act, that do not comply with the applicable
requirements of part 1507 of this chapter, except fireworks devices
which meet all the following conditions:
(i) The fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 24 OF 31
by the U.S. Department of the Interior (or by equivalent State
or local government agencies); and
(ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use
of such devices, is of a quantity no greater than required to
control the problem described, and is where other means of
control is unavailable or inadequate. (See also § 1500.17(a)
(3) and (8)).
(10) Self-pressurized products intended or suitable for household use that
contain vinyl chloride monomer as an ingredient or in the propellant
manufactured or imported on or after October 7, 1974. (See also §
1500.17(a) (3) and (8)).
(11)(i) Reloadable tube aerial shell fireworks devices that use shells larger
than 1.75 inches in outer diameter and that are imported on or after
October 8, 1991.
(ii) Findings.
(A) General. In order to issue a rule under section 2(q)(1)
of the Federal Hazardous Substances Act ("FHSA"), 15
U.S.C. 1261(q)(1), classifying a substance or article as
a banned hazardous substance, the FHSA requires the
Commission to make certain findings and to include
these findings in the regulation. These findings are
discussed below.
(B) Voluntary standard. Although a voluntary standard
relating to the risk of injury associated with reloadable
tube aerial shells has been adopted, it has not been
implemented. Thus, the Commission is not required to
make findings covering the likelihood that the voluntary
standard would result in elimination or adequate
reduction of the risk of injury or that there would be
substantial compliance with the voluntary standard.
(C) Relationship of benefits to costs. The Commission
estimates that the removal of large reloadable shells
from the market is likely to virtually eliminate the
number of associated injuries, with only a slight
offsetting increase in the number of injuries due to the
use of substitute Class C fireworks products available
to consumers. The estimated net benefits range from
essentially zero to close to $1 million annually. The
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 25 OF 31
annual costs of a ban are estimated to be very low.
Included are potential costs to foreign manufacturers
and U.S. importers from sales losses, production
changes, and inventory retrofitting, and slightly reduced
market choices for consumers who purchase aerial
display fireworks. Costs to each of these sectors are
estimated to be slight, and are reduced to the extent
that alternative products are perceived as adequate
substitutes for large reloadable shells. Thus, the
Commission finds that the benefits expected from the
regulation bear a reasonable relationship to its costs.
(D) Least burdensome requirement. The Commission
considered several alternatives to the ban. These
included: Design or performance criteria; additional or
alternative labeling; inclusion of some reloadable shells
1.75 inches or smaller in the ban; and no action in
reliance on the voluntary standard. The Commission
determined that a ban of reloadable shells larger than
1.75 inches in outer diameter is the least burdensome
alternative that would prevent or adequately reduce the
risk of injury.
(1) Regarding design or performance criteria, the
Commission considered requirements similar to
those stated in the voluntary standard of the
American Fireworks standards Laboratory
("AFSL"). However, such criteria may increase
the cost of the product and would not address
all factors involved in the incidents. Further,
concerns exist about the feasibility of criteria
and quality control.
(2) Regarding additional or alternative labeling, the
users' perception and experience concerning
the amount of time available to get away may
lead them to disregard an inconsistent warning.
There are no data to suggest that a significant
number, if any, incidents would be avoided if
large reloadable shells carried more detailed
labels or instructions than they currently do. It
cannot be concluded that potential benefits
would be greater than zero.
(3) The Commission considered including
reloadable shells that are 1.75 inches or less in
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 26 OF 31
outer diameter and have the "equivalent
explosive power" of larger shells. A kinetic
energy level of 70 joules was considered to
evaluate explosive power. However, any
potential benefits are uncertain since the
Commission concluded that a clear relation
between kinetic energy and injury potential
could not be established. Also, costs could be
slightly higher.
(4) The Commission also considered imposing no
mandatory requirements on large reloadable
shells and relying instead on the AFSL voluntary
standard. However, it is uncertain whether any
net benefits to consumers would result from this
alternative, since the level of injury reduction
could be near zero if, as is probable, some firms
chose not to conform with some or all of the
AFSL standard.
(12)(i) Large multiple-tube devices. Multiple-tube mine and shell fireworks
devices that first enter commerce or are imported on or after March
26, 1997, that have any tube measuring 1.5 inches (3.8 cm) or more in
inner diameter, and that have a minimum tip angle less than 60
degrees when tested in accordance with the procedure of § 1507.12
of this part.
(ii) Findings
(A) General. In order to issue a rule under the section
2(q)(1) of the FHSA, 15 U.S.C. 1261(q)(1), classifying a
substance or article as a banned hazardous substance,
the FHSA requires the Commission to make certain
findings and to include these in the regulation. These
findings are discussed in paragraphs (a)(12)(ii) (B)
through (D) of this section.
(B) Voluntary standard.
(1) One alternative to the tip-angle requirement that
the Commission considered is to take no
mandatory action, and to depend on a voluntary
standard. The American Fireworks Safety
Laboratory (AFSL) has a standard for mines
and shells intended to address the potential tipover hazard associated with multiple-tube
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 27 OF 31
fireworks devices. AFSL's Voluntary standard
for Mines and Shells -- Single or Multiple Shot
requires that large multiple-tube devices not tip
over (except as the result of the last shot) when
shot on a 2-inch thick medium-density foam
pad. The Commission cannot conclude that
AFSL's existing voluntary standard adequately
reduces the risk of injury from large devices that
tip over while functioning. The Commission's
tests using polyurethane foam did not find
sufficient agreement between performance on
foam and on grass. No other data are available
to show that this dynamic test is reliable.
(2) In addition, even if the AFSL standard is
effective, the Commission does not believe that
compliance with the standard will be adequate.
AFSL reports that it has been testing in
accordance with its standard since January
1994. However, the results of CPSC's
compliance testing indicate that multiple-tube
devices still tip over while functioning. In fiscal
year 1994, all 24 imported devices the
Commission tested, and 1 of 8 domestic
devices, tipped over while functioning. In fiscal
year 1995, 22 of 27 imported devices and 1 of 5
domestic devices tipped over during
Commission testing. The Commission finds that
there is unlikely to be substantial compliance
with the voluntary standard applicable to
multiple-tube devices.
(C) Relationship of benefits to costs. The Commission
estimates that the 60-degree tip-angle standard will
eliminate the unreasonable tip-over risk posed by these
devices. This will provide benefits of saving one life
about every 3 years, and preventing an unknown
number of nonfatal injuries. The annual cost of
modifying affected devices is estimated to be between
$1.5 million and $2.7 million. The Commission finds
that the benefits from the regulation bear a reasonable
relationship to its costs.
(D) Least burdensome requirement. The Commission
considered the following alternatives: a ban of all
multiple-tube devices with inner tube diameters 1.5
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 28 OF 31
inches or greater; a dynamic performance standard;
additional labeling requirements; and relying on the
voluntary standard. Although a ban of all large multipletube devices would address the risk of injury, it would
be more burdensome than the tip-angle standard. The
Commission was unable to develop a satisfactory
dynamic standard that would reduce the risk of injury.
Neither additional labeling requirements nor reliance on
the voluntary standard would adequately reduce the
risk of injury. Thus, the Commission finds that a
standard requiring large multiple-tube devices to have a
minimum tip angle greater than 60 degrees is the least
burdensome requirement that would prevent or
adequately reduce the risk of injury. (Secs. 2(f)(1), (A),
(B), (g), (q)(1)(B), 3(a), 74 Stat. 372, 374, as amended
80 Stat. 1304-05, 83 Stat. 187-189, 90 Stat. 503 (15
U.S.C. 1261, 1262); sec. 701 (e), (f), (g), 52 Stat. 105556, as amended 70 Stat. 919, 72 Stat. 948 (21 U.S.C.
371 (e), (f), (g)), sec. 30(a), 86 Stat. 1231 (15 U.S.C.
2079(a)))
[38 FR 27012, Sept. 27, 1973, as amended at 38 FR 27514, Oct. 4, 1973; 38 FR 31520,
Nov. 15, 1973; 39 FR 30114, Aug. 21, 1974; 39 FR 42903, Dec. 9, 1974; 41 FR 22935,
June 8, 1976; 42 FR 44202, Sept. 1, 1977; 43 FR 12310, Mar. 24, 1978; 48 FR 16, Jan.
3, 1983; 56 FR 37837, Aug. 9, 1991; 61 FR 13095, Mar. 26, 1996; 61 FR 18245, Apr. 25,
1996]
Amendment(s) published April 18, 2003, in 68 FR 19147
Effective Date(s) October 15, 2003
3. In § 1500.17, add new paragraphs (a)(13) and (b) to read as follows:
§ 1500.17 Banned hazardous substances.
(a) * * *
(13)(i) Candles made with metal-cored wicks. Candles manufactured or
imported on or after October 15, 2003, made with metal-cored
candlewicks, unless:
(A) The metal core of each candlewick has a lead content
(calculated as the metal) of not more than 0.06 percent
of the total weight of the metal core; and
(B) Each outer container or wrapper in which candles
subject to paragraph (a)(13)(i)(A) of this section are
shipped, including each outer container or wrapper in
which such candles are distributed to a Retail outlet, is
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 29 OF 31
labeled "Conforms to 16 CFR 1500.17(a)(13)." For
purposes of this paragraph (B), the term "outer
container or wrapper" does not include the immediate
container in which candle(s) is/are intended to be
displayed at Retail or during use in the home, unless
that container or wrapper is also the only container or
wrapper in which the candle(s) is/are shipped to a
Retailer.
(ii) Metal-cored candlewicks. Metal-cored candlewicks
manufactured or imported on or after October 15, 2003,
unless:
(A) The metal core of each candlewick has a lead content
(calculated as the metal) of not more than 0.06 percent
of the total weight of the metal core; and
(B) Each outer container or wrapper in which candlewicks
subject to paragraph (a)(13)(ii)(A) of this section is
shipped, including each outer container or wrapper of a
shipment distributed to a Retail outlet, is labeled
"Conforms to 16 CFR 1500.17(a)(13)." For purposes of
this paragraph (B), the term "outer container or
wrapper" does not include the immediate container in
which candlewick(s) is/are intended to be displayed or
sold at Retail, unless that container or wrapper is also
the only container or wrapper in which the
candlewick(s) is/are shipped to a Retailer.
(iii) Findings
(A) General. To issue a rule under section 2(q)(1) of the
FHSA, 15 U.S.C. 1261(q)(1), classifying a substance or
article as a banned hazardous substance, the
Commission must make certain findings and include
them in the regulation. These findings are discussed in
paragraphs (a)(13)(iii)(B) through (D) of this section.
(B) Voluntary Standard. One alternative to the ban that the
Commission considered is to take no mandatory action,
and to depend on a voluntary standard. One
organization has a standard for candlewicks intended
to address the potential for substantial illness posed by
such wicks and candles with such wicks. The
Commission has found that the standard is technically
unsound and that substantial compliance with it is
unlikely. Furthermore, there is no evidence that the
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 30 OF 31
standard has been adopted and implemented by
candlewick or candle manufacturers.
(C) Relationship of Benefits to Costs. The Commission
estimates that the ban will reduce the potential for
exposure to lead and resulting lead poisoning because
there is no "safe" level of lead in the blood. The annual
cost to the candle/wick industry of the ban is estimated
by the Commission to be in the range of $100,000 to
$300,000. On a percentage basis these costs
represent only 0.005 to 0.015 percent of the overall
value of candle shipments in 2000, which was
approximately $2 billion. Accordingly, the Commission
finds that the benefits from the regulation bear a
reasonable relationship to its costs.
(D) Least burdensome requirement. The Commission
considered the following alternatives: no action;
labeling all metal-cored candles with wicks containing
more than 0.06 percent lead by weight of the metal;
recordkeeping for shipments of wicks containing 0.06
percent or less lead by weight of the metal and of
candles with such wicks; and relying on the voluntary
standard. Neither no action, nor labeling, nor reliance
on the voluntary standard would adequately reduce the
risk of illness. Recordkeeping for shipments of wicks
and of candles was not the least burdensome
requirement that would prevent or adequately reduce
the risk of illness. Therefore the Commission finds that
a ban on candlewicks containing more than 0.06
percent lead by weight of the metal and candles with
such wicks is the least burdensome requirement that
would prevent or adequately reduce the risk of illness.
(b) [Reserved].
S.T.C. 4.03
SKOKOMISH FIREWORKS SALES
AND SAFETY ORDINANCE
PAGE 31 OF 31
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.