AN ACT Relating to strengthening
state fireworks regulation; amending RCW 70.77.146, 70.77.177, 70.77.255,
70.77.265, 70.77.270, 70.77.280, 70.77.325, 70.77.355, 70.77.370, 70.77.435,
70.77.440, 70.77.450, and 70.77.535; adding new sections to chapter 70.77 RCW;
adding a new section to chapter 9.41 RCW; prescribing penalties; and declaring
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.77.146 and 1984 c
249 s 4 are each amended to read as follows:
"Special
effects" means any combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere, and designed
and intended to produce an audible, visual, mechanical, or thermal effect as ((a
necessary)) an integral part of a motion picture, radio or
television production, ((theatrical,)) or ((opera)) live
entertainment.
NEW SECTION. Sec.
2. A new section is added
to chapter 70.77 RCW to read as follows:
"City" means
any city or town.
Sec. 3. RCW 70.77.177 and 1984 c
249 s 6 are each amended to read as follows:
"Local fire
official" means the chief of a local fire department or ((fire
protection district,)) a chief fire protection officer or such other person
as may be designated by the governing body of a city((,)) or
county((, or district)) to act as a local fire official under this
chapter.
Sec. 4. RCW 70.77.255 and 1984 c
249 s 10 are each amended to read as follows:
(1) Except as otherwise
provided in this chapter, no person, without an appropriate state license or
permit may:
(a) Manufacture,
import, possess, or sell any fireworks at wholesale or retail for any use;
(b) Make a public display
of fireworks; or
(c) Transport
fireworks, except as a public carrier delivering to a licensee.
(2) Except as
authorized by a license and permit under subsection (1)(b) of this section, no
person may discharge special fireworks at any place.
(3) No person less than
eighteen years of age may apply for or receive a license or permit under this
chapter.
(4) No license or
permit is required for the possession or use of common fireworks lawfully
purchased at retail.
Sec. 5. RCW 70.77.265 and 1984 c
249 s 12 are each amended to read as follows:
The local fire official
receiving an application for a permit under RCW 70.77.260(1) shall investigate
the application and submit a report of findings and a recommendation for or against
the issuance of the permit, together with reasons, to the governing body of the
city((,)) or county((, or fire protection district)).
Sec. 6. RCW 70.77.270 and 1984 c
249 s 13 are each amended to read as follows:
The governing body of a
city((,)) or county((, or fire protection district)) may
grant or deny an application for a permit under RCW 70.77.260(1). The
governing body may place reasonable conditions on any permit it issues.
Sec. 7. RCW 70.77.280 and 1984 c
249 s 14 are each amended to read as follows:
The local fire official
receiving an application for a permit under RCW 70.77.260(2) for a public
display of fireworks shall investigate whether the character and location of
the display as proposed would be hazardous to property or dangerous to any
person. Based on the investigation, the official shall submit a report of
findings and a recommendation for or against the issuance of the permit,
together with reasons, to the governing body of the city((,)) or
county((, or fire protection district)). The governing body may grant
or deny the application and may place reasonable conditions on any permit it
issues.
Sec. 8. RCW 70.77.325 and 1991 c
135 s 4 are each amended to read as follows:
(1) An application
for a license shall be made annually by every person holding an existing
license who wishes to continue the activity requiring the license during an
additional calendar year. The application shall be accompanied by the
annual license fees as prescribed in RCW 70.77.343 and 70.77.340.
(2) A person applying
for an annual license as a retailer under this chapter shall file an
application by June 10 of the current year. The director of community,
trade, and economic development, through the director of fire protection,
shall grant or deny the license within fifteen days of receipt of the
application.
(3) A person applying
for an annual license as a manufacturer, importer, or wholesaler under this
chapter shall file an application by January 31 of the current year. The
director of community, trade, and economic development, through the
director of fire protection, shall grant or deny the license within ninety days
of receipt of the application.
Sec. 9. RCW 70.77.355 and 1986 c
266 s 105 are each amended to read as follows:
(1) Any adult person
may secure a general license from the director of community, trade, and
economic development, through the director of fire protection, for the
public display of fireworks within the state of Washington. A general license
is subject to the provisions of this chapter relative to the securing of local
permits for the public display of fireworks in any city((,)) or
county((, or fire protection district)), except that in lieu of filing
the bond or certificate of public liability insurance with the appropriate
local official under RCW 70.77.260 as required in RCW 70.77.285, the same bond
or certificate shall be filed with the director of community, trade, and
economic development, through the director of fire protection. The bond or
certificate of insurance for a general license in addition shall provide that:
(a) The insurer will not cancel the insured's coverage without fifteen days
prior written notice to the director of community, trade, and economic
development, through the director of fire protection; (b) the duly licensed
pyrotechnic operator required by law to supervise and discharge the public
display, acting either as an employee of the insured or as an independent
contractor and the state of Washington, its officers, agents, employees, and
servants are included as additional insureds, but only insofar as any
operations under contract are concerned; and (c) the state is not responsible
for any premium or assessments on the policy.
(2) The director of
community, trade, and economic development, through the director of fire
protection, may issue such general licenses. The holder of a general license
shall file a certificate from the director of community, trade, and economic
development, through the director of fire protection, evidencing the license
with any application for a local permit for the public display of fireworks
under RCW 70.77.260.
Sec. 10. RCW 70.77.370 and 1989 c
175 s 129 are each amended to read as follows:
Any applicant who has
been denied a license for reasons other than making application after the
date set forth in RCW 70.77.325 is entitled to a hearing in accordance with
the provisions of chapter 34.05 RCW, the Administrative Procedure Act.
Sec. 11. RCW 70.77.435 and 1986 c
266 s 111 are each amended to read as follows:
Any fireworks which are
illegally sold, offered for sale, used, discharged, possessed or transported in
violation of the provisions of this chapter or the rules or regulations of the
director of community, trade, and economic development, through the
director of fire protection, shall be subject to seizure by the director of
community, trade, and economic development, through the director of fire
protection, or his or her deputy, or by state agencies or local governments
having general law enforcement authority. Any fireworks seized under this
section may be disposed of by the director of community, trade, and economic
development, through the director of fire protection, or the agency
conducting the seizure, by summary destruction at any time subsequent to
thirty days from such seizure or ten days from the final termination of
proceedings under the provisions of RCW 70.77.440, whichever is later.
Sec. 12. RCW 70.77.440 and 1986 c
266 s 112 are each amended to read as follows:
(1) Any person whose
fireworks are seized under the provisions of RCW 70.77.435 may within ten days
after such seizure petition ((the director of community development, through
the director of fire protection,)) the agency conducting the seizure
to return the fireworks seized upon the ground that such fireworks were
illegally or erroneously seized. Any petition filed hereunder shall be
considered by the ((director of community development, through the director
of fire protection,)) authority conducting the seizure within
fifteen days after filing and an oral hearing granted the petitioner, if
requested. Hearings shall be conducted in accordance with state law or
chapter 34.05 RCW. Notice of the decision of the ((director of
community development, through the director of fire protection,)) authority
conducting the hearing shall be served upon the petitioner. The ((director
of community development, through the director of fire protection,)) authority
conducting the hearing may order the fireworks seized under this chapter
disposed of or returned to the petitioner if illegally or erroneously seized.
The determination of the ((director of community development, through the
director of fire protection,)) authority conducting the hearing is
final unless within sixty days an action is commenced in a court of competent
jurisdiction in the state of Washington for the recovery of the fireworks
seized ((by the director of community development, through the director of
fire protection)) under this chapter.
(2) If the fireworks
are not returned to the petitioner or destroyed pursuant to RCW 70.77.435, the
director of community, trade, and economic development, through the
director of fire protection, or the agency conducting the seizure may
sell confiscated common fireworks ((and)), special fireworks,
and chemicals used to make fireworks, that are legal for use and possession
under this chapter, to wholesalers ((licensed)) or
manufacturers, authorized to possess and use such fireworks or chemicals under
a license issued by the director of community, trade, and economic
development, through the director of fire protection. Sale shall be by public
auction after publishing a notice of the date, place, and time of the auction
in a newspaper of general circulation in the county in which the auction is to
be held, at least three days before the date of the auction. The proceeds of
the sale of the seized fireworks under this section shall be deposited in the
general fund. Fireworks that are not legal for use and possession in this
state shall be destroyed by the director of community, trade, and economic
development, through the director of fire protection, or by the agency
conducting the seizure.
Sec. 13. RCW 70.77.450 and 1986 c
266 s 113 are each amended to read as follows:
The director of
community, trade, and economic development, through the director of fire
protection, may make an examination of the books and records of any licensee,
or other person relative to fireworks, and may visit and inspect the premises
of any licensee he may deem at any time necessary for the purpose of enforcing
the provisions of this chapter. The licensee, owner, lessee, manager, or
operator of any such building or premises shall permit the director of community,
trade, and economic development, through the director of fire protection,
his or her deputies((, his or her)) or salaried assistants ((and
the chief of any city or county fire department or fire protection district)),
the local fire official, and their authorized representatives to enter and
inspect the premises at the time and for the purpose stated in this section.
Sec. 14. RCW 70.77.535 and 1984 c
249 s 35 are each amended to read as follows:
This chapter does not
prohibit the assembling, compounding, use, and display of special effects ((of
whatever nature)) by any person engaged in the production of motion
pictures, radio or television productions, ((theatricals, or operas)) or
live entertainment when such use and display is ((a necessary)) an
integral part of the production and such person possesses a valid permit
from the local fire official.
NEW SECTION. Sec.
15. A new section is added
to chapter 70.77 RCW to read as follows:
The inclusion in this
chapter of criminal penalties does not preclude enforcement of this chapter
through civil means.
NEW SECTION. Sec.
16. A new section is added
to chapter 9.41 RCW to read as follows:
Nothing in this chapter
shall prohibit the possession, sale, or use of fireworks when possessed, sold,
or used in compliance with chapter 70.77 RCW.
NEW SECTION. Sec.
17. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW
SECTION. Sec. 18. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
