2863-S.E [atlas:bill]

AN ACT Relating to expanding days of sale while not changing days of use of common fireworks and clarifying other provisions of the existing state fireworks law; amending RCW 70.77.255, 70.77.270, 70.77.325, 70.77.395, 70.77.420, 70.77.425, and 70.77.555; adding a new section to chapter 70.77 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.77.255 and 1995 c 61 s 13 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, no person, without ((an)) appropriate state licenses and city or county permits as required may:

(a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use;

(b) Make a public display of fireworks; ((or))

(d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter.

(2) Except as authorized by a license and permit under subsection (1)(b) of this section or as provided in RCW 70.77.311, 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.

NEW SECTION. Sec. 2. A new section is added to chapter 70.77 RCW to read as follows:

(1) A violation of RCW 70.77.255(1)(d) is a gross misdemeanor punishable by not less than thirty days in jail and a fine of not less than five thousand dollars.

(2) The minimum sentences required under subsection (1) of this section may not be suspended or deferred.

Sec. 3. RCW 70.77.270 and 1995 c 61 s 14 are each amended to read as follows:

(1) The governing body of a city or county, or its designee, shall grant an application for ((a)) an annual permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The annual permit shall be granted by June 10 or thirty days after receipt of an application, whichever date occurs first.

(2) The ((~~director of community, trade, and economic development~~)) chief of the Washington state patrol, through the director of fire protection, shall prescribe uniform, state-wide standards for retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards.

(3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies.

No wholesaler may knowingly sell or supply fireworks to any retail fireworks stand unless the wholesaler determines that the retail fireworks stand is covered by liability insurance in the same amount as provided in this subsection.

Sec. 4. RCW 70.77.325 and 1994 c 133 s 8 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~~)) May 1 of the current year. The ((~~director of community, trade, and economic development~~)) chief of the Washington state patrol, 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~~)) chief of the Washington state patrol, through the director of fire protection, shall grant or deny the license within ninety days of receipt of the application.

Sec. 5. RCW 70.77.395 and 1995 c 61 s 22 are each amended to read as follows:

(1) It is legal to sell((,)) and purchase((~~, use, and discharge~~)) common fireworks within this state from ((~~twelve~~)) nine o'clock ((~~noon~~)) a.m. on the twenty-eighth of June to twelve o'clock noon on the sixth of July of each year, from nine o'clock a.m. on the twenty-seventh of December to eleven o'clock p.m. on the thirty-first of December of each year and as provided in RCW 70.77.311. ((~~However, no~~))

(2) Common fireworks may be ((~~sold~~)) used or discharged each day between the hours of nine o'clock a.m. and eleven o'clock p.m. ((~~and nine o'clock a.m.~~)) on the twenty-eighth of June to the sixth of July, ((~~except~~)) and on July 4th ((~~from~~)) between the hours of nine o'clock a.m. ((~~through~~)) and twelve o'clock midnight, and ((~~except~~)) from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year and as provided in RCW 70.77.311: PROVIDED, That a city or county may prohibit the sale or discharge of common fireworks on December 31, 1995, by enacting an ordinance prohibiting such sale or discharge within sixty days of April 17, 1995.

Sec. 6. RCW 70.77.420 and 1984 c 249 s 26 are each amended to read as follows:

(1) It is unlawful for any person to store fireworks of any class without a permit for such storage from the local fire official in the jurisdiction in which the storage is to be made. A person proposing to store fireworks shall apply in writing to a local fire official at least ten days prior to the date of the proposed storage. The official receiving the application for a storage permit shall investigate whether the character and location of the storage as proposed would constitute a hazard to property or be dangerous to any person. Based on the investigation, the official may grant or deny the application. The official may place reasonable conditions on any permit granted.

(2) For the purposes of this section the temporary storing or keeping of common fireworks when in conjunction with a valid retail sales license and permit shall comply with the standards adopted under RCW 70.77.270(2) and not this section.

Sec. 7. RCW 70.77.425 and 1984 c 249 s 27 are each amended to read as follows:

It is unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in the person's permit except in such places of storage as the local fire official issuing the permit approves. Unsold stocks of common fireworks remaining after the authorized retail sales period from ((~~twelve~~)) nine o'clock ((~~noon~~)) a.m. on June 28th to twelve o'clock noon on July 6th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from nine o'clock a.m. on December 27th to eleven o'clock p.m. on December 31st shall be returned on or before January 10th of the same year to the approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by a local fire official.

Sec. 8. RCW 70.77.555 and 1995 c 61 s 26 are each amended to read as follows:

(1) A ((~~local public agency~~)) city or county may provide by ordinance for a fee for retail sales in an amount sufficient to cover all legitimate costs for all needed permits and local licenses from application to and through processing, issuance, and inspection, but in no case to exceed a total of one hundred dollars for any one year.

Even though business, environmental impact, inspection, and all other required costs, fees, local licenses, and permits are not directly related to fireworks permits, fees, costs, and local licenses on their face; when these fees, costs, local licenses, and permits are necessary to the use and operation of the fireworks permits and local licenses such as, but not limited to, business, environmental impact, and inspection; they are included as part and parcel of the one hundred dollar annual maximum fees, under subsection (1) of this section, that cover costs for the fireworks permits and local licenses.

(2) A city or county may provide by ordinance for a fee for public displays in an amount sufficient to cover all legitimate costs for all needed permits and local licenses from application to and through processing, issuance, and inspection, but in no case to exceed a total of three hundred dollars for any one year.

NEW SECTION. Sec. 9. 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.

NEW SECTION. Sec. 10. 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.