AN ACT Relating to fireworks; amending RCW 70.77.136, 70.77.250, 70.77.255, 70.77.270, and 70.77.395; and creating a new section.

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

NEW SECTION. Sec. 1. The purpose of this act is to clarify existing law granting local governments the authority to regulate fireworks more restrictively than the minimum standards set forth in state law and administrative rule, and to reaffirm the legislative intent that, with regard to fireworks, local governments should have the broad discretion necessary to insure that the public health and safety is protected in all areas of the state; as well as to exclude additional dangerous aerial devices from the definition of "common fireworks."

Sec. 2. Section 3, chapter 230, Laws of 1982 as amended by section 3, chapter 249, Laws of 1984 and RCW 70.77.136 are each amended to read as follows:

"Common fireworks" means any fireworks designed primarily to produce visual or audible effects by combustion.

(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;

~~(d)~~)) Class C explosives classified on January 1, 1984, as common fireworks by the United States department of transportation not otherwise excluded by this chapter.

(2) The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, ((~~and~~)) missile-type rockets, helicopters, aerial spinners, roman candles, mines, shells, and any other aerial device.

Sec. 3. 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~~)) minimum standards. Counties, cities, and towns may adopt standards and rules for enforcement that are more restrictive than state law or rule. 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 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. 4. Section 28, chapter 228, Laws of 1961 as last amended by section 10, chapter 249, Laws of 1984 and RCW 70.77.255 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, no person, without an appropriate state license or local 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

(2) Except as authorized by a license and permit under subsection (1)(b) of this section, 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. 5. Section 31, chapter 228, Laws of 1961 as amended by section 13, chapter 249, Laws of 1984 and RCW 70.77.270 are each amended to read as follows:

The governing body of a city, county, or fire protection district may 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. The governing body in its discretion may adopt standards and rules that are more restrictive than state law or rule, including the denial of all permit applications without regard to the recommendation of the local fire official.

Sec. 6. Section 56, chapter 228, Laws of 1961 as last amended by section 24, chapter 249, Laws of 1984 and RCW 70.77.395 are each amended to read as follows:

Except as provided in RCW 70.77.311, no common fireworks shall be sold or discharged within this state except from twelve o'clock noon on the ((~~twenty-eighth~~)) first of ((~~June~~)) July to twelve o'clock noon on the ((~~sixth~~)) fifth of July of each year. No common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and ((~~nine~~)) eleven o'clock a.m. Counties, cities, and towns may adopt more restrictive date and time limits for the sale or discharge of common fireworks.