H-1566              _______________________________________________

                                                    HOUSE BILL NO. 952

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Dellwo, Fisher, Locke, Niemi, Chandler, Day and Sayan

Read first time 2/16/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to permitting local control of fireworks; and amending RCW 70.77.250.

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

        Sec. 1.  Section 27, chapter 228, Laws of 1961 as last amended by section 100, chapter 266, Laws of 1986 and RCW 70.77.250 are each amended to read as follows:

          (1) The director of community development, through the director of fire protection, shall enforce and administer this chapter.

          (2) The director of community 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 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 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.))  Any county may, by ordinance, restrict the manufacture, sale, possession or use of all fireworks within the geographic boundaries of the county, including cities and towns:  PROVIDED, That no county may authorize the sale or use of any fireworks prohibited by the provisions of this chapter:  PROVIDED FURTHER, That cities which have populations of more than one hundred fifty thousand may adopt ordinances which are more restrictive than the county ordinance.

          (5) The director of community 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.