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.
