Clallam County refines proposed fireworks regulations

Elwha River forms boundaries for rules

PORT ANGELES — Clallam County commissioners have fine-tuned a proposal that would restrict consumer fireworks east of the Elwha River to July 4 and rely on state fire precaution levels countywide beginning in 2021.

Fireworks would be allowed from June 28 to July 5 west of the Elwha River, provided the fire danger remains low according to state Department of Natural Resources Industrial Fire Precaution Levels.

“There’s no discretion involved, no declaration required by the county,” Clallam County Civil Deputy Prosecuting Attorney Elizabeth Stanley told commissioners Monday.

“Notice of the prohibition shall be posted on the county’s website, and a press release shall be issued by the fire marshal when those fire precaution levels are hit.”

The three commissioners are expected to consider approving the ordinance after a public hearing this spring. No date for the public hearing has been set.

Commissions have been discussing fireworks regulations since 2018. Initially, the board could not agree on how restrictive the rules should be.

The current proposal is a compromise between people who strongly feel consumer fireworks are a part of the Independence Day tradition and others who feel fireworks pose too much of a fire risk.

Commissioners had previously discussed banning consumer fireworks countywide during periods of high or very high/extreme fire danger as declared by the county fire marshal based on DNR burning restrictions.

DNR, which designates fire danger for entire counties, also sets Industrial Fire Precaution Levels for logging operations in five regions in the county.

Under the current proposal, fireworks would be banned when the Industrial Fire Precaution Levels reach level 3.

Commissioner Randy Johnson said the proposal takes the onus off the county fire marshal and reflects on-the-ground conditions.

“Every now and then, you get that really dry early [summer] time,” Johnson said.

“It’s hard to believe it now when I look around, but it can occur, and so I appreciate us going that direction, no doubt.

“I’m sure we still won’t make some people happy with this, and I think we all know that,” Johnson added.

The cities of Port Angeles and Sequim in Clallam County and Port Townsend in Jefferson County have each banned consumer fireworks.

Clallam County and the city of Forks rely on state law for fireworks regulations.

Under state law, consumer fireworks like fountains, spinners and noise-makers can be discharged from June 28 to July 5.

The Clallam County proposal would maintain those dates west of the Elwha River — provided the Industrial Fire Precaution Levels remain below Level 3 — and restrict fireworks east of the Elwha River to July 4 between 9 a.m. and 11:59 p.m.

“For the eastern half of the county, that (DNR fire danger) will only be necessary for July 4 to watch for,” Stanley told the board.

“For the western half of the county, they’ll have that whole week around Fourth of July.

“So it won’t be a big, ongoing duty for the fire marshal,” Stanley added.

“It will kind of be that one week in the summer.”

Stanley said other deputy prosecuting attorneys were “very happy” that the fireworks violations would be civil infractions and not crimes.

“It is very difficult to prosecute these criminally,” Stanley said.

Violations of the proposed ordinance would be subject to fines of up to $250.

No commissioner objected to the ordinance as presented Monday.

Board chairman Mark Ozias said he would work with staff to schedule a public hearing around Commissioner Bill Peach’s planned medical leave in April.

“If we’re not able to get that in March, then we’ll shoot for doing it in May,” Ozias said.

If approved, the ordinance would take effect in 2021.

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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.

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