Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government Committee

HB 1702

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing local authority in the regulation of fireworks.

Sponsors: Representatives Moscoso, Vick, Ryu, Kochmar, Blake, McCabe, Hurst, Stanford, Kagi, Young and Griffey.

Brief Summary of Bill

  • Provides that a county or city may enact an ordinance regulating fireworks that is more restrictive than state law, but which may not conflict with state law, only as to the days and hours of legal sale or use of consumer fireworks, and the types of consumer fireworks sold and used.

  • Adopts the 2013 edition of the National Fire Protection Association's fireworks code, NFPA 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles in its entirety and without amendment.

Hearing Date: 2/4/15

Staff: Michaela Murdock (786-7289).

Background:

The Chief of the Washington State Patrol.

The Washington State Patrol (WSP) is a department of state government headed by the Chief of the WSP (Chief). The Chief is appointed by the Governor, and is responsible for appointing WSP officers, special deputies, and certain employees of the Office of the State Treasurer. The Chief and other officers of the WSP may exercise the police powers and duties vested in sheriffs and peace offices generally, as well as other powers and duties prescribed by law.

The Director of Fire Protection.

The Chief is responsible for appointing an officer known as the Director of Fire Protection (Director), also known as the State Fire Marshal. The Director must implement and administer all duties of the Chief that are to be carried out through the Director, as well as all duties of the Director.

The State Fireworks Law.

The State Fireworks Law (SFL) provides that fireworks purchased and used in compliance with its provisions are legal. "Fireworks" are any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, which also meets the definition of articles of pyrotechnic, consumer fireworks, or display fireworks:

No license or permit is required to possess or use consumer fireworks that are lawfully purchased at retail. However, a state license must be obtained from the Chief, or a permit from the applicable county or city, for other fireworks activities, such as to manufacture or sell fireworks, make a public display of fireworks, or transport fireworks.

Under the SFL, it is legal to sell and purchase consumer fireworks during specified times from June 29 through July 5, and from December 27 through December 31. Similarly, it is legal to use or discharge consumer fireworks during specified times from June 29 through July 5, and from December 31 to January 1.

A city or county may enact an ordinance within 60 days of June 13, 2002, to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002. Thereafter, counties and cities may adopt more restrictive ordinances than state law; however, such ordinances do not become effective until at least one year after their adoption.

Fireworks - Rules and Standards.

The Chief, through the Director, has various duties prescribed by the SFL, including to:

In addition, each year by October 1, the Chief, through the Director, must adopt a list of the consumer fireworks that may be sold to the public and file the list with the Office of the Code Reviser for publication, unless the previous list is still current.

Counties and cities are required to comply with rules adopted by the Chief. For cities and counties that allow retail fireworks sales, they must also comply with the standards adopted by the Chief for retail fireworks stands.

The National Fire Protection Association.

The National Fire Protection Association (NFPA) is a nonprofit organization that develops and provides consensus codes and standards, research, training, and education related to fire safety and prevention. The NFPA develops standards related to the sale, manufacture, storage, and transportation of fireworks, pyrotechnic articles, and other explosive materials. The standards are known as "NFPA 1124."

The 2013 edition of NFPA 1124, also known as NFPA 1124: Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, was adopted in August 2012. This edition was temporarily withdrawn by the NFPA in 2014 for the purpose of deleting provisions related to consumer fireworks. The NFPA has announced that it will reissue NFPA 1124 after revisions are complete, and that future editions of NFPA 1124 will not contain standards for the storage and retail sale of consumer fireworks.

Summary of Bill:

Provisions of the SFL are amended to specify that a county or city may enact more restrictive ordinances than state law only as to the following:

The Chief, through the Department, is no longer responsible for adopting standards for retail fireworks stands. Instead, the 2013 edition of NFPA 1124, as published in August 2012, is adopted in its entirety and without amendment. The Chief, through the Director, must prescribe uniform, statewide standards and rules to implement and give full effect to all requirements of the SFL for retail fireworks stands.

Any ordinance, standard, rule, or regulation adopted by a county or city that is in conflict with statute is null and void and has no effect. The Chief, through the Director, must enforce the SFL.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill contains an emergency clause and takes effect immediately.