H-3000.1

HOUSE BILL 2348


State of Washington	64th Legislature	2016 Regular Session

By Representatives Hawkins, Gregerson, Kilduff, Peterson, Dent, Johnson, Wylie, Haler, Manweller, Dye, Riccelli, Magendanz, Harris, Ortiz-Self, Fey, Klippert, Orwall, Nealey, Kuderer, Muri, Appleton, Smith, Reykdal, Zeiger, Ormsby, Robinson, McCabe, Stanford, Walsh, Hayes, Blake, S. Hunt, Van De Wege, McBride, Rodne, Kochmar, Stambaugh, Hudgins, Moeller, and Tharinger

Prefiled 01/05/16. Read first time 01/11/16. Referred to Committee on Local Government.

AN ACT Relating to providing local governments with flexibility regarding local fireworks ordinances; amending RCW 70.77.250; creating a new section; and declaring an emergency.

NEW SECTION. Sec. 1. The legislature finds that preventing fires is essential to protecting personal safety, homes, farms, and other property, maintaining Washington communities, preserving wildlife and wildlife habitat, and defending water quality from fire-triggered landslides and sediment. The legislature also finds that communities need to be able to respond promptly to fire risks in order to prevent fires, particularly during hot, dry weather in the summer months. It is the intent of the legislature to provide communities and local officials with more flexibility to promptly and efficiently respond to fire risk conditions.

(2) The chief of the Washington state patrol, 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 chief of the Washington state patrol, through the director of fire protection, shall adopt those rules relating to fireworks as are necessary for the implementation of this chapter.

(4) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the enforcement of this chapter. Counties and cities ((shall comply with these state rules. Any ordinances adopted by a county or city that are more restrictive than state law shall have an effective date no sooner than one year after their adoption)) may adopt ordinances relating to fireworks that are more restrictive than the statewide minimum standards established in this chapter and the rules adopted by the chief of the Washington state patrol, through the director of fire protection, including limiting or prohibiting the sale, purchase, possession, or use of consumer fireworks.

(5) The chief of the Washington state patrol, 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 and city, county, or local government agency having general law enforcement powers from enforcing this chapter within the jurisdiction of the agency and city, county, or local government.

(6) The chief of the Washington state patrol, through the director of fire protection, shall adopt rules necessary to enforce the civil penalty provisions for the violations of this chapter. A civil penalty under this subsection may not exceed one thousand dollars per day for each violation and is subject to the procedural requirements under RCW 70.77.252.

(7) The chief of the Washington state patrol, through the director of fire protection, may investigate or cause to be investigated all fires resulting, or suspected of resulting, from the use of fireworks.

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 immediately.