S-0828.2 _______________________________________________
SENATE BILL 5523
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State of Washington 56th Legislature 1999 Regular Session
By Senators Prentice, Costa, Heavey and Gardner
Read first time 01/26/1999. Referred to Committee on Commerce, Trade, Housing & Financial Institutions.
AN ACT Relating to fireworks; amending RCW 70.77.270; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.77.270 and 1997 c 182 s 8 are each amended to read as follows:
(1) The governing body of a city or county, or a designee, shall grant an application for a 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 permit shall be granted by June 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing only on December 27.
(2)
The chief of the Washington state patrol, through the director of fire
protection, shall prescribe ((uniform)) minimum, state-wide standards
for retail fireworks stands including, but not limited to, the location of the
stands, setback requirements and siting of the stands, types of buildings and
construction material that may be used for the stands, use of the stands and
areas around the stands, cleanup of the area around the stands, transportation
of fireworks to and from the stands, and temporary storage of fireworks
associated with the retail fireworks stands. However, tents, canopies, and
temporary membrane materials may not be used for temporary fireworks stands,
and customers may not be permitted in a temporary or permanent fireworks stand.
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.
NEW SECTION. Sec. 2. 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. 3. 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 takes effect June 1, 1999.
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