Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-17-198.

     Title of Rule and Other Identifying Information: Chapter 212-17 WAC, Fireworks.

     Hearing Location(s): General Administration Building, 210 11th Avenue S.W., Olympia, WA 98504, (360) 570-3133, on December 14, 2005, at 10:00 a.m.

     Date of Intended Adoption: January 3, 2006.

     Submit Written Comments to: Deputy State Fire Marshall Larry Glenn, P.O. Box 42600, Olympia, WA 98504-2600, e-mail Larry.Glenn@wsp.wa.gov, fax (360) 570-3136, by December 13, 2005.

     Assistance for Persons with Disabilities: Contact Mr. Larry Glenn by December 13, 2005, (360) 570-3133.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify the rules that apply to public displays of special fireworks fired from floating vessels and platforms to meet the requirements of the state adopted 2000 edition of the National Fire Protection Association (NFPA) Standard 1123.

     Statutory Authority for Adoption: Chapters 43.43 and 70.77 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: , governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Deputy State Fire Marshall Larry Glenn, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 570-3133.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328. There will be no cost to the industry.

November 2, 2005

Paul S. Beckley

for John R. Batiste

Chief

OTS-8466.1

NEW SECTION
WAC 212-17-342   Public display -- Floating vessels and platforms.   (1) Floating vessels and floating platforms shall be permitted to be manned or unmanned as long as the pyrotechnic crew remains in control of the site and firing of the display.

     (2) Floating vessels and floating platforms shall be held in control at all times, whether self-propelled, controlled by another vessel, or secured by mooring or anchoring.

     (3) Floating vessels and floating platforms shall be of sufficient strength and stability to safely allow the firing of the display.

     (4) The types of fireworks and placement of the fireworks launch tubes and accompanying equipment shall be such that, when fired, the stability of the site structures and sea-worthiness of the floating vessels or platforms shall not be jeopardized.

     (5) Floating vessels and floating platforms that are manned during electrical firing shall have a safety shelter. The safety shelter shall meet the following requirements:

     (a) Be of sufficient size to accommodate all personnel present during the actual firing of the display.

     (b) Have a minimum of three sides and a roof.

     (c) Have walls and a roof constructed of at least three-quarter-inch plywood or equivalent material.

     (6) The minimum size for the floating vessel or floating platform for electrically fired programs that are manned shall be based upon the area for the setup of the display plus the safety area for the safety shelter.

     Exceptions:

     (a) Multishot devices up to three inches in diameter shall be calculated at twice the actual footprint of each device (length x width).

     (b) Ground display pieces shall be excluded from the calculations for minimum display set-up area.

     The required minimum size for a barge (in square feet) for a particular display shall be determined by the following calculations:

     Minimum discharge site (in square feet) = sum of (total number of each size mortar times its inside diameter) divided by two.

     EXAMPLE:

     A display containing 100 - 3 inch shells, 50 - 4 inch shells, 20 - 5 inch shells, 10 - 6 inch shells, and 5 - 8 inch shells would require the following minimum display set-up area.

100 x 3 + 50 x 4 + 20 x 5 + 10 x 6 + 5 x 8

2

300 + 200 + 100 + 60 + 40

2

700 / 2 = 350 square feet

     (7) Separation between mortars and safety shelter shall be two feet per inch of diameter of any mortars up to six inches in diameter. For shells larger than six inches in diameter, the minimum separation distance shall be four feet per inch of shell diameter.

     Exception:

     If the safety shelter is constructed of stronger material, then the separation distance between mortars and the shelter shall be permitted to be reduced.

     (8) At all times a minimum of two separate egress paths shall be provided. Only one egress path shall be required from protective barricades or safety shelters.

     (9) Egress paths shall be unobstructed and free of impediments.

     (10) Floating platforms constructed of wood or other combustible material shall be permitted to be used as a fireworks launch vessel.

     (11) Manual firing of displays shall be permitted on floating vessels and floating platforms under the following conditions:

     (a) All shells shall be preloaded into mortars prior to the display.

     (b) Shells shall be limited to single-break and shall not exceed six inches in diameter.

     (c) The minimum size of the floating vessel or floating platform shall be twice that required for an electrically fired display.

     (d) A protective barrier(s) meeting the strength requirements of three-quarter-inch plywood or equivalent shall be provided. All personnel other than the shooter(s) and operator shall be behind the barrier(s) during the display.

     (e) Electrical firing on the same vessel or platform where manual firing is used shall be in accordance with the requirements for the electrically fired display.

     (12) Shells shall be loaded into mortars and in place prior to the start of a display. There shall be no reloading of any material during the display.

     (13) All personnel, other than spotters of fire watch, shall be in safety shelters. Spotters and fire watch on a floating platform or floating vessel shall be behind protective barriers during the display with a minimum wall construction of three-quarter-inch plywood or equivalent material.

     (14) A U.S. Coast Guard approved personal flotation device (PFD) shall be provided and available for each person on a display launched from floating vessels and floating platforms. Those PFDs shall be properly worn any time the vessel is not moored at the dock. PFDs shall have or include a visual location device.

     (15) A watercraft ready and capable of providing rapid emergency response shall be present during the display.

     (16) The positions of the shells or mortars on floating vessels and floating platforms from which fireworks are launched shall comply with minimum safety distance requirements as outlined in WAC 212-17-325.

     (17) An operational means of communication, such as a cellular/digital telephone, marine radio, or walkie-talkie system, shall be on board manned vessels and platforms from which fireworks are being discharged.

     (18) During the display only necessary personnel shall be aboard any floating vessel or floating platform.

     (19) Floating vessels and floating platforms shall be free of all nonessential flammable or combustible materials.

     (20) Portable power-generation equipment, motorized vehicles, and material-handling equipment deemed necessary for the performance of the display shall be permitted.

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