AN ACT Relating to requiring deposits, reducing insurance requirements, and limiting permit fees for public fireworks displays; amending RCW 70.77.285, 70.77.295, 70.77.355, and 70.77.555; and declaring an emergency.

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

Sec. 1. Section 34, chapter 228, Laws of 1961 as last amended by section 15, chapter 249, Laws of 1984 and RCW 70.77.285 are each amended to read as follows:

(1) 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~~)) a cash deposit in the sum of ten thousand dollars in an escrow account for each public display. If multiple displays are to be held the applicant may in lieu of individual ten thousand dollar deposits, deposit fifty thousand dollars in an escrow account and include with such deposit a list of the dates and locations of the public displays. The deposit shall be returned to the applicant thirty days after the public display or last public display listed, as applicable, if no claims are filed for 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~~)) deposit, 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.

(2) The city or county may waive the deposit or insurance requirement under this section for any applicant.

Sec. 2. Section 36, chapter 228, Laws of 1961 as last amended by section 17, chapter 249, Laws of 1984 and RCW 70.77.295 are each amended to read as follows:

In the case of an application for a permit under RCW 70.77.260(2) for the public display of fireworks, the amount of the ((~~surety bond or~~)) certificate of insurance required under RCW 70.77.285 shall be not less than fifty thousand dollars and ((~~one million~~)) five hundred thousand dollars for bodily injury liability for each person and event, respectively, and not less than ((~~twenty-five~~)) one hundred fifty thousand dollars for property damage liability for each event.

Sec. 3. Section 48, chapter 228, Laws of 1961 as last amended by section 105, chapter 266, Laws of 1986 and RCW 70.77.355 are each amended to read as follows:

(1) Any adult person may secure a general license from the director of community development, through the director of fire protection, for the public display of fireworks within the state of Washington. A general license is subject to the provisions of this chapter relative to the securing of local permits for the public display of fireworks in any city, county, or fire protection district, except that in lieu of filing the ((~~bond~~)) deposit or certificate of public liability insurance with the appropriate local official under RCW 70.77.260 as required in RCW 70.77.285, the same ((~~bond~~)) deposit or certificate shall be filed with the director of community development, through the director of fire protection. The ((~~bond or~~)) certificate of insurance for a general license in addition shall provide that: (a) The insurer will not cancel the insured's coverage without fifteen days prior written notice to the director of community development, through the director of fire protection; (b) the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the state of Washington, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned; and (c) the state is not responsible for any premium or assessments on the policy.

(2) The director of community development, through the director of fire protection, may issue such general licenses. The holder of a general license shall file a certificate from the director of community development, through the director of fire protection, evidencing the license with any application for a local permit for the public display of fireworks under RCW 70.77.260.

Sec. 4. Section 88, chapter 228, Laws of 1961 as amended by section 44, chapter 230, Laws of 1982 and RCW 70.77.555 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 legitimate administrative costs for permit processing and inspection, but in no case to exceed ((~~one~~)) three hundred dollars for ((~~any one year~~)) each event. Any funds in excess of one hundred dollars shall be deposited by the local public agency in a self-insurance or indemnification fund. Any fees under this section may be waived.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.