AN ACT
Relating to fireworks, creating new state fireworks regulations, strengthening
state fireworks enforcement provisions, requiring all sales to comply with
state regulation; amending RCW 70.77.124, 70.77.126, 70.77.131, 70.77.136,
70.77.146, 70.77.180, 70.77.200, 70.77.205, 70.77.250, 70.77.255, 70.77.270,
70.77.280, 70.77.285, 70.77.311, 70.77.315, 70.77.343, 70.77.345, 70.77.375,
70.77.395, 70.77.435, 70.77.440, 70.77.455, and 70.77.555; adding new sections
to chapter 70.77 RCW; adding a new section to chapter 42.17 RCW; repealing RCW
70.77.465; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature declares that fireworks, when purchased and used in compliance with
the laws of the state of Washington, are legal. The legislature intends that
this chapter is regulatory only, and not prohibitory.
Sec.
2. RCW
70.77.124 and 1994 c 133 s 2 are each amended to read as follows:
"City"
means any incorporated city or town.
Sec.
3. RCW
70.77.126 and 1984 c 249 s 1 are each amended to read as follows:
"Fireworks"
means any composition or device, in a finished state, containing any
combustible or explosive substance for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration, or detonation, and
classified as common or special fireworks by the United States bureau of
explosives or contained in the regulations of the United States department of
transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G as of the
effective date of this act.
Sec.
4. RCW
70.77.131 and 1984 c 249 s 2 are each amended to read as follows:
"Special
fireworks" means any fireworks designed primarily for exhibition display
by producing visible or audible effects((. The term includes (1) fireworks
commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and
chasers; and (2) fireworks not classified as common fireworks)) and
classified as such by the United States bureau of explosives or in the
regulations of the United States department of transportation and designated as
U.N. 0335 1.3G as of the effective date of this act.
Sec.
5. RCW
70.77.136 and 1984 c 249 s 3 are each amended to read as follows:
"Common
fireworks" means any fireworks which are designed primarily ((to))
for retail sale to the public during prescribed dates and which produce
visual or audible effects ((by)) through combustion and are
classified as common fireworks by the United States bureau of explosives or in
the regulations of the United States department of transportation and
designated as U.N. 0336 1.4G as of the effective date of this act.
(((1)
The term includes:
(a)
Ground and hand-held sparkling devices, including items commonly known as
dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating
torches, wheels, ground spinners, and flitter sparklers;
(b)
Smoke devices;
(c)
Fireworks commonly known as helicopters, aerials, spinners, roman candles,
mines, and shells;
(d)
Class C explosives classified on January 1, 1984, as common fireworks by the
United States department of transportation.
(2)
The term does not include fireworks commonly known as firecrackers, salutes,
chasers, skyrockets, and missile-type rockets.))
NEW
SECTION. Sec. 6. (1)
"New fireworks item" means any fireworks initially classified or
reclassified as special or common fireworks by the United States bureau of
explosives or in the regulations of the United States department of
transportation after the effective date of this act.
(2)
The director of community, trade, and economic development through the director
of fire protection shall classify any new fireworks item in the same manner as
the item is classified by the United States bureau of explosives or in the
regulations of the United States department of transportation, unless the
director of community, trade, and economic development through the director of
fire protection determines, stating reasonable grounds, that the item should
not be so classified.
NEW
SECTION. Sec. 7. No
fireworks may be sold or offered for sale to the public as common fireworks
which are classified as sky rockets, or missile-type rockets, firecrackers,
salutes, or chasers as defined by the United States department of
transportation and the federal consumer products safety commission except as
provided in RCW 70.77.311.
Sec.
8. RCW
70.77.146 and 1994 c 133 s 1 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 an
integral part of a motion picture, radio ((or)), television ((production)),
theatrical, or opera production, or live entertainment.
Sec.
9. RCW
70.77.180 and 1984 c 249 s 5 are each amended to read as follows:
"Permit"
means the official permission granted by a local public agency for the purpose
of establishing and maintaining a place within the jurisdiction of the local
agency where fireworks are manufactured, constructed, produced, packaged, stored,
sold, ((exchanged, discharged or used)) or exchanged and the official
permission granted by a local agency for a public display of fireworks.
Sec.
10. RCW
70.77.200 and 1961 c 228 s 17 are each amended to read as follows:
"Importer"
includes any person who for any purpose other than personal use:
(1)
Brings fireworks into this state or causes fireworks to be brought into this
state;
(2)
Procures the delivery or receives shipments of any fireworks into this state;
or
(3)
Buys or contracts to buy fireworks for shipment into this state.
Sec.
11. RCW
70.77.205 and 1961 c 228 s 18 are each amended to read as follows:
"Manufacturer"
includes any person who manufactures, makes, constructs, fabricates, or produces
any fireworks article or device but does not include persons who assemble or
fabricate sets or mechanical pieces in public displays of fireworks or
persons who assemble common fireworks items or sets or packages containing
common fireworks items.
Sec.
12. RCW
70.77.250 and 1986 c 266 s 100 are each amended to read as follows:
(1)
The director of community, trade, and economic development, through the
director of fire protection, shall enforce and administer this chapter.
(2)
The director of community, trade, and economic development, through the
director of fire protection, shall appoint such deputies and employees as may
be necessary and required to carry out the provisions of this chapter.
(3)
The director of community, trade, and economic development, through the
director of fire protection, may prescribe such rules relating to fireworks as
may be necessary for ((the protection of life and property and for)) the
implementation of this chapter.
(4)
The director of community, trade, and economic development, through the
director of fire protection, shall prescribe such rules as may be necessary to
ensure state-wide minimum standards for the enforcement of this chapter.
Counties, cities, and towns shall comply with such state rules. Any local
rules adopted by local authorities that are more restrictive than state law ((as
to the types of fireworks that may be sold)) shall have an effective date
no sooner than one year after their adoption.
(5)
The director of community, trade, and economic development, through the
director of fire protection, may exercise the necessary police powers to
enforce the criminal provisions of this chapter. This grant of police powers
does not prevent any other state agency or local government agency having
general law enforcement powers from enforcing this chapter within the
jurisdiction of the agency or local government.
Sec.
13. RCW
70.77.255 and 1994 c 133 s 4 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 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.
Sec.
14. RCW
70.77.270 and 1994 c 133 s 6 are each amended to read as follows:
(1)
The governing body of a city or county ((may)) shall 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)) if
the application meets the standards under this chapter, and the ordinances of
the city or county.
(2)
The director of community, trade, and economic development 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.
15. RCW
70.77.280 and 1994 c 133 s 7 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. The governing body ((may)) shall grant ((or
deny)) the application ((and may place reasonable conditions on any
permit it issues)) if it meets the requirements of this chapter and the
ordinance of the city or county.
Sec.
16. RCW
70.77.285 and 1984 c 249 s 15 are each amended to read as follows:
Except
as provided in RCW 70.77.355, the applicant for a permit under RCW 70.77.260(2)
for a public display of fireworks shall include with the application evidence
of a bond issued by an authorized surety company. The bond shall be in the
amount required by RCW 70.77.295 and shall be conditioned upon the applicant's
payment of all damages to persons or property resulting from or caused by such
public display of fireworks, or any negligence on the part of the applicant or
its agents, servants, employees, or subcontractors in the presentation of the
display. Instead of a bond, the applicant may include a certificate of
insurance evidencing the carrying of appropriate ((public)) liability
insurance in the amount required by RCW 70.77.295 for the benefit of the person
named therein as assured, as evidence of ability to respond in damages. The
local fire official receiving the application shall approve the bond or
insurance if it meets the requirements of this section.
Sec.
17. RCW
70.77.311 and 1984 c 249 s 19 are each amended to read as follows:
(1) No
license is required for the purchase of agricultural and wildlife fireworks by
government agencies if:
(a)
The agricultural and wildlife fireworks are used for wildlife control or are
distributed to farmers, ranchers, or growers through a wildlife management
program administered by the United States department of the interior or an
equivalent state or local governmental agency;
(b)
The distribution is in response to a written application describing the
wildlife management problem that requires use of the devices;
(c) It
is of no greater quantity than necessary to control the described problem; and
(d) It
is limited to situations where other means of control are unavailable or
inadequate.
(2) No
license is required for religious organizations or private organizations or
persons to purchase or use common fireworks and such audible ground devices as
firecrackers, salutes, and chasers if:
(a)
Purchased from a licensed manufacturer, importer, or wholesaler;
(b)
For use on prescribed dates and locations;
(c)
For religious or specific purposes; and
(d) A
permit is obtained from the local fire official. No fee may be charged for
this permit.
Sec.
18. RCW
70.77.315 and 1986 c 266 s 102 are each amended to read as follows:
Any
person who desires to engage in the manufacture, importation, sale, or use of
fireworks, except use as provided in RCW 70.77.255(4) and 70.77.311,
shall make a written application to the director of community, trade, and
economic development, through the director of fire protection, on forms
provided by him or her. Such application shall be accompanied by the annual
license fee as prescribed in this chapter.
Sec.
19. RCW
70.77.343 and 1991 c 135 s 6 are each amended to read as follows:
(([(1)]))
(1) License fees, in addition to the fees in RCW 70.77.340, shall be
charged as follows:
Manufacturer....................................................... $
1,500.00
Importer..........................................................
900.00
Wholesaler........................................................
1,000.00
Retailer (for each separate outlet)....................................
30.00
Public display for special
fireworks................................... 40.00
Pyrotechnic operator for special fireworks.............................
5.00
(2)
All receipts from the license fees in this section shall be placed in the fire
services trust fund and at least seventy-five percent of these receipts
shall be used to fund a state-wide public education campaign developed by the
department and the licensed fireworks industry emphasizing the safe and
responsible use of legal fireworks and the remaining receipts shall be used to
fund state-wide enforcement efforts against the sale and use of fireworks that
are illegal under this chapter.
Sec.
20. RCW
70.77.345 and 1991 c 135 s 5 are each amended to read as follows:
((The))
Every license ((fees)) issued shall be for the calendar
year from January 1st to December 31st or for the remaining portion thereof of
the calendar year for which the license application is made.
Sec.
21. RCW
70.77.375 and 1986 c 266 s 108 are each amended to read as follows:
The
director of community, trade, and economic development, through the
director of fire protection, upon reasonable opportunity to be heard, ((shall))
may revoke any license issued pursuant to this chapter, if he or she
finds that:
(1)
The licensee has violated any provisions of this chapter or any rule or
regulations made by the director of community, trade, and economic
development, through the director of fire protection, under and with the
authority of this chapter;
(2)
The licensee has created or caused a fire nuisance;
(3)
Any licensee has failed or refused to file any required reports; or
(4)
Any fact or condition exists which, if it had existed at the time of the
original application for such license, reasonably would have warranted the
director of community, trade, and economic development, through the
director of fire protection, in refusing originally to issue such license.
Sec.
22. RCW
70.77.395 and 1984 c 249 s 24 are each amended to read as follows:
((Except
as provided in RCW 70.77.311, no)) It is legal to sell, purchase, use,
and discharge common fireworks ((shall be sold or discharged))
within this state ((except)) from twelve o'clock noon on the
twenty-eighth of June to twelve o'clock noon on the sixth of July of each year and
as provided in RCW 70.77.311. However, no common fireworks may be
sold or discharged between the hours of eleven o'clock p.m. and nine o'clock
a.m., except on July 4th from nine o'clock a.m. through 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: 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
the effective date of this act.
Sec.
23. RCW
70.77.435 and 1994 c 133 s 11 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)) by legal process anywhere in the state
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.
24. RCW
70.77.440 and 1994 c 133 s 12 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 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 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 authority conducting the hearing shall be served upon
the petitioner. The 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 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 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, special fireworks, and chemicals used to
make fireworks, that are legal for use and possession under this chapter, to
wholesalers 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.)) In
the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be
deemed commenced by the seizure. The director of community, trade, and
economic development or deputy director of community, trade, and economic
development, through the director of fire protection or the agency conducting
the seizure, under whose authority the seizure was made shall cause notice to
be served within fifteen days following the seizure on the owner of the
fireworks seized and the person in charge thereof and any person having any
known right or interest therein, of the seizure and intended forfeiture of the
seized property. The notice may be served by any method authorized by law or
court rule including but not limited to service by certified mail with return
receipt requested. Service by mail shall be deemed complete upon mailing
within the fifteen-day period following the seizure.
(2)
If no person notifies the director of community, trade, and economic
development, through the director of fire protection or the agency conducting
the seizure, in writing of the person's claim of lawful ownership or right to
lawful possession of seized fireworks within thirty days of the seizure, the
seized fireworks shall be deemed forfeited.
(3)
If any person notifies the director of community, trade, and economic
development, through the director of fire protection or the agency conducting
the seizure, in writing of the person's claim of lawful ownership or possession
of the fireworks within thirty days of the seizure, the person or persons shall
be afforded a reasonable opportunity to be heard as to the claim or right. The
hearing shall be before an administrative law judge appointed under chapter
34.12 RCW, except that any person asserting a claim or right may remove the
matter to a court of competent jurisdiction if the aggregate value of the
seized fireworks is more than five hundred dollars. The hearing before an
administrative law judge and any appeal therefrom shall be under Title 34 RCW.
In a court hearing between two or more claimants to the article or articles
involved, the prevailing party shall be entitled to a judgment for costs and
reasonable attorneys' fees. The burden of producing evidence shall be upon the
person claiming to have the lawful right to possession of the seized
fireworks. The director of community, trade, and economic development, through
the director of fire protection or the agency conducting the seizure, shall
promptly return the fireworks to the claimant upon a determination by the
administrative law judge or court that the claimant is lawfully entitled to
possession of the fireworks.
(4)
When fireworks are forfeited under this chapter the director of community,
trade, and economic development, through the director of fire protection or the
agency conducting the seizure, may:
(a)
Dispose of the fireworks by summary destruction; or
(b)
Sell the forfeited fireworks and chemicals used to make fireworks, that are
legal for use and possession under this chapter, to wholesalers 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)) may be retained by the agency conducting the
seizure and used to offset the costs of seizure and/or storage costs of the
seized fireworks. The remaining proceeds, if any, shall be deposited in the
fire services trust fund and shall be used for the same purposes and in the
same percentages as specified in RCW 70.77.343.
Sec.
25. RCW
70.77.455 and 1986 c 266 s 114 are each amended to read as follows:
(1)
All licensees shall maintain and make available to the director of community,
trade, and economic development, through the director of fire protection,
full and complete records showing all production, imports, exports, purchases, and
sales((, and consumption)) of fireworks items by ((kind and))
class.
(2)
All records obtained and all reports produced, as required by this chapter, are
not subject to disclosure through the public disclosure act under chapter 42.17
RCW.
Sec.
26. RCW
70.77.555 and 1982 c 230 s 44 are each amended to read as follows:
A
local public agency may provide by ordinance for a ((permit)) fee in an
amount sufficient to cover all legitimate ((administrative))
costs for ((permit)) all needed permits and local licenses from
application to and through processing, issuance, and inspection, but
in no case to exceed one hundred dollars for any one year.
NEW
SECTION. Sec. 27. (1) Every
wholesaler shall carry liability insurance for each wholesale and retail fireworks
outlet it operates in the amount 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 available
from at least three approved insurance companies. If insurance in this amount
is not offered, each wholesale and retail outlet shall be covered by a
liability insurance policy in the maximum amount offered by at least three
different approved insurance companies.
(2) No
wholesaler may knowingly sell or supply fireworks to any retail outlet unless
the wholesaler determines that the retail outlet carries liability insurance in
the same amount as provided in subsection (1) of this section.
NEW
SECTION. Sec. 28. Retail
fireworks licensees shall purchase all fireworks from wholesalers possessing a
valid wholesale license issued by the state of Washington.
NEW
SECTION. Sec. 29. Sections
1, 6, 7, 27, and 28 of this act are each added to chapter 70.77 RCW.
NEW
SECTION. Sec. 30. A new
section is added to chapter 42.17 RCW to read as follows:
All
records obtained and all reports produced, as required under chapter 70.77 RCW,
are not subject to the disclosure requirements under this chapter.
NEW
SECTION. Sec. 31. RCW
70.77.465 and 1986 c 266 s 116 & 1961 c 228 s 70 are each repealed.
NEW
SECTION. Sec. 32. 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. 33. 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.
