AN ACT Relating to fireworks, creating new state fireworks regulations, strengthening state fireworks enforcement provisions, requiring all sales to comply with state regulation, preempting local authority to regulate fireworks; amending RCW 70.77.126, 70.77.131, 70.77.136, 70.77.146, 70.77.170, 70.77.177, 70.77.180, 70.77.200, 70.77.205, 70.77.250, 70.77.255, 70.77.265, 70.77.270, 70.77.280, 70.77.285, 70.77.311, 70.77.315, 70.77.345, 70.77.355, 70.77.370, 70.77.375, 70.77.395, 70.77.435, 70.77.440, 70.77.450, 70.77.455, 70.77.555, and 35.22.280; adding new sections to chapter 70.77 RCW; repealing RCW 70.77.465; prescribing penalties; and declaring an emergency.

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

Sec. 1. Section 1, chapter 230, Laws of 1982 as amended by section 1, chapter 249, Laws of 1984 and RCW 70.77.126 are each amended to read as follows:

"Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation as of the effective date of this 1989 section.

Sec. 2. Section 2, chapter 230, Laws of 1982 as amended by section 2, chapter 249, Laws of 1984 and RCW 70.77.131 are each amended to read as follows:

"Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects ((~~. The term includes (1) fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and (2) fireworks not classified as common fireworks.~~)) and classified as such by the United States bureau of explosives or in the regulations of the United States department of transportation as of the effective date of this 1989 section.

Sec. 3. 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 which are designed primarily ((to)) for retail sale to the public during proscribed dates and which produce visual or audible effects ((by)) through combustion and are classified as common fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation as of the effective date of this 1989 section.

((~~(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;~~

~~(c) Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, and shells;~~

~~(d) Class C explosives classified on January 1, 1984, as common fireworks by the United States department of transportation.~~

~~(2) The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.~~))

NEW SECTION. Sec. 4. (1) "New fireworks item" means any fireworks initially classified or reclassified as special or common fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation after the effective date of this section.

(2) The director of community development through the director of fire protection shall classify any new fireworks item in the same manner as the item is classified by the United States bureau of explosives or in the regulations of the United States department of transportation, unless the director of community development through the director of fire protection determines, stating reasonable grounds, that the item should not be so classified.

NEW SECTION. Sec. 5. No fireworks may be sold or offered for sale to the public as common fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission except as provided in RCW 70.77.311.

Sec. 6. Section 5, chapter 230, Laws of 1982 as amended by section 4, chapter 249, Laws of 1984 and RCW 70.77.146 are each amended to read as follows:

"Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio ((or)), television ((~~production~~)), theatrical, or opera production.

Sec. 7. Section 11, chapter 228, Laws of 1961 as last amended by section 99, chapter 266, Laws of 1986 and RCW 70.77.170 are each amended to read as follows:

"License" means a nontransferable formal authorization which the director of community development ((~~and~~)) through the director of fire protection are permitted to issue under this chapter to engage in the act specifically designated therein.

Sec. 8. Section 6, chapter 249, Laws of 1984 and RCW 70.77.177 are each amended to read as follows:

"Local fire official" means the chief ((~~of a local fire department or fire protection district, a chief~~)) fire protection officer, or such other person as may be designated by the governing body of a city, county, town, or ((~~district~~)) other municipality to act as a local fire official under this chapter.

Sec. 9. Section 13, chapter 228, Laws of 1961 as last amended by section 5, chapter 249, Laws of 1984 and RCW 70.77.180 are each amended to read as follows:

"Permit" means the official permission granted by a local public agency for the purpose of establishing and maintaining a place within the jurisdiction of the local agency where fireworks are manufactured, constructed, produced, packaged, stored, sold, ((~~exchanged, discharged or used~~)) or exchanged and the official permission granted by a local agency for a public display of fireworks.

Sec. 10. Section 17, chapter 228, Laws of 1961 and RCW 70.77.200 are each amended to read as follows:

"Importer" includes any person who for any purpose other than personal use:

(1) Brings fireworks into this state or causes fireworks to be brought into this state;

(2) Procures the delivery or receives shipments of any fireworks into this state; or

(3) Buys or contracts to buy fireworks for shipment into this state.

Sec. 11. Section 18, chapter 228, Laws of 1961 and RCW 70.77.205 are each amended to read as follows:

"Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble common fireworks items or sets or packages containing common fireworks items.

Sec. 12. 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, and other municipalities 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.)) Counties, cities, towns, and other municipalities shall enact only those laws and ordinances relating to fireworks that are specifically authorized by state law and that are consistent with this chapter. Laws or ordinances of any county, city, town, or other municipality that are inconsistent with, more restrictive than, or exceed the state-wide standards and requirements shall not be enacted and are preempted and repealed regardless of the nature of the code, charter, or home rule status of the county, city, town or other municipality.

(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.

NEW SECTION. Sec. 13. Every city, county, town, or other municipality is authorized to enact as an ordinance of that city, county, town, or other municipality this entire chapter. The city, county, town, or other municipality shall not modify the language of any section or omit any section in enacting this chapter except as necessary to put a section in the proper form of an ordinance or to provide for a sentence to be served in the appropriate detention facility. The ordinance shall provide for the same maximum penalty for the violation of any misdemeanor or gross misdemeanor as may be imposed under this chapter.

NEW SECTION. Sec. 14. (1) The state of Washington hereby fully occupies and preempts the entire field of fireworks regulation within the boundaries of the state including every element of fireworks regulation. Notwithstanding any provision of all other general laws of the state of Washington, this chapter constitutes the exclusive legislative authority for the licensing and regulation of fireworks and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, county, town, or other municipality which are specifically set forth in this chapter. Except as provided in subsections (2) and (3) of this section, any ordinance, resolution, or other legislative act by any city, county, town, or other municipalities relating to fireworks in existence on January 1, 1989, which is inconsistent with, more restrictive than, or exceeds the state-wide standards and requirements of this chapter shall be as of that date null and void and of no effect. Any such city, county, town, or municipality may enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by this chapter and which is not in conflict with this chapter or with the rules prescribed by the director of community development, through the director of fire protection pursuant to RCW 70.77.250.

(2) A provision of a local fireworks ordinance enacted by any city, county, town, or other municipality on or before January 1, 1989, shall remain in full force and effect without change as an ordinance or as a part of a new ordinance enacted pursuant to this chapter only if that provision:

(a) While allowing at least one permit, establishes a reasonable limit to the number of fireworks retail permits which may be issued in that city, county, town, or other municipality; or

(b) Establishes a reasonable system for priority in issuing fireworks retail permits in that city, county, town, or other municipality.

(3) A city, county, town, or other municipality may enact a provision of its local ordinances which specifically prohibits or permits the possession and use of common fireworks in public parks designated by ordinance or the use of common fireworks within five hundred feet of hospitals, nursing homes, or above ground fuel storage facilities.

These terms shall have their common meaning and no city, county, town, or other municipality shall designate other areas as public parks, or other structures as hospitals, nursing homes, or fuel storage facilities in order to expand the meaning and coverage of this section.

Sec. 15. 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 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 or as provided in RCW 70.77.311, 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. 16. Section 30, chapter 228, Laws of 1961 as amended by section 12, chapter 249, Laws of 1984 and RCW 70.77.265 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city, county, town, or ((~~fire protection district~~)) other municipality.

Sec. 17. 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:

(1) The governing body of a city, county, town, or ((~~fire protection district may~~)) other municipality shall 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~~)) unless the application violates the standards under this section.

(2) The director of community development, through the director of fire protection, shall prescribe uniform, state-wide standards for issuing retail fireworks permits. All local fire officials shall comply with these standards in processing and granting all permits and in inspection of retail fireworks stands.

(3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a public liability insurance policy in an amount of not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event or one million dollars combined single limit liability insurance, unless such insurance is not readily available. If insurance in these amounts is not readily available, each fireworks permit shall be covered by a public liability insurance policy in an amount of not less than twenty-five thousand dollars and five hundred thousand dollars for bodily injury liability for each person and event, respectively, and not less than ten thousand dollars for property damage liability for each event or five hundred thousand dollars combined single limit liability insurance.

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 public liability insurance in the same amount as provided in this subsection.

(4) The requirements for a retail fireworks stand are as follows:

(a) Fireworks sold at retail shall be sold only in temporary roadside stands or buildings used for no other purpose which are no larger than five hundred square feet.

(b) A stand shall be either located at least three hundred feet from another fireworks stand or separated from another fireworks stand by a major arterial thoroughfare at least one hundred feet in width.

(d) Except as provided in (b) of this subsection, a stand shall be located at least fifty feet from any building but shall not be required to be more than one hundred feet from any structure.

(e) A stand shall be located no more than five hundred feet from a fire hydrant. If no hydrant is available, one approved two and one-half pound water type or equivalent fire extinguisher in addition to fire extinguishers required under (i) of this subsection shall be provided.

(f) A stand shall be accessible from an improved public street or thoroughfare.

(g) The area around the stand shall be completely free of hazardous accumulations, including but not limited to dry grass, brush, or debris of any nature, for a distance of not less than twenty-five feet on all sides.

(h) Each stand shall have at least two exits located at opposite ends of the stand and both exits shall be unlocked while the stand is occupied.

(i) The stand shall be equipped with at least two approved two and one-half gallon water type or equivalent fire extinguishers.

(j) No heating device of any kind is permitted in the stand.

(k) No smoking signs shall be prominently posted on the stand and in the vicinity of the stand. Smoking shall not be permitted within twenty-five feet of the stand.

(l) Motor vehicles shall not be parked within twenty-five feet of a fireworks stand. No cooking or heating may occur in a motor vehicle located within fifty feet of a fireworks stand.

(m) Fireworks shall not be discharged within three hundred feet of a fireworks stand. Signs to this effect shall be posted conspicuously at the stand.

(n) In transporting fireworks from warehouses to stands all federal and state transportation requirements must be met.

(o) No fireworks may be stored outside the stand in any vehicle, trailer, or camper. If the stand is left unattended during hours of darkness, all fireworks shall be securely locked in a storage magazine constructed of two-inch thick wood material throughout and the stand shall be securely locked against unauthorized entry. Fireworks shall remain in the stand during the sales period.

(p) Stands shall be under the direct supervision of a competent adult eighteen years of age or older at all times. The location of the closest telephone must be prominently posted within the stand. Overnight sleeping in a stand is prohibited. Any trailer, camper, or vehicle shall be at least twenty-five feet from the stand at all times.

(q) Customers are not permitted inside the stand.

(r) A clear aisle or walkway shall be maintained inside the stand for the full length of the stand.

Sec. 18. Section 33, chapter 228, Laws of 1961 as amended by section 14, chapter 249, Laws of 1984 and RCW 70.77.280 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city, county, town, or ((~~fire protection district~~)) other municipality. The governing body ((~~may~~)) shall grant ((~~or deny~~)) the application ((~~and may place reasonable conditions on any permit it issues~~)) if it meets the requirements of this chapter.

Sec. 19. Section 34, chapter 228, Laws of 1961 as last amended by section 15, chapter 249, Laws of 1984 and RCW 70.77.285 to read as follows:

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 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, the applicant may include a certificate of insurance authenticated by the director of community development, through the director of fire protection, with the advice and consultation of the office of the insurance commissioner, as meeting the requirements of this chapter and 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.

Sec. 20. Section 19, chapter 230, Laws of 1982 as amended by section 19, chapter 249, Laws of 1984 and RCW 70.77.311 are each amended to read as follows:

(1) No license is required for the purchase of agricultural and wildlife fireworks by government agencies if:

(a) The agricultural and wildlife fireworks are used for wildlife control or are distributed to farmers, ranchers, or growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency;

(b) The distribution is in response to a written application describing the wildlife management problem that requires use of the devices;

(d) It is limited to situations where other means of control are unavailable or inadequate.

(2) No license is required for religious organizations or private organizations or persons to purchase or use common fireworks and such audible ground devices as firecrackers, salutes, and chasers if:

(a) Purchased from a licensed manufacturer, importer, or wholesaler;

(b) For use on prescribed dates and locations;

(d) A permit is obtained from the local fire official. No fee shall be charged for this permit.

Sec. 21. Section 40, chapter 228, Laws of 1961 as last amended by section 102, chapter 266, Laws of 1986 and RCW 70.77.315 are each amended to read as follows:

Any person who desires to engage in the manufacture, importation, sale, or use of fireworks except use as provided in RCW 70.77.255(4) and 70.77.311 shall make a written application to the director of community development, through the director of fire protection, on forms provided by him or her. Such application shall be accompanied by the annual license fee as prescribed in this chapter.

Sec. 22. Section 46, chapter 228, Laws of 1961 as amended by section 25, chapter 230, Laws of 1982 and RCW 70.77.345 are each amended to read as follows:

((~~The~~)) Every license ((~~fee~~)) issued shall be for the calendar year from January 1st to December 31st or for the remaining portion thereof of the calendar year for which the license application is made.

Sec. 23. 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, town, or ((~~fire protection district~~)) other municipality, except that in lieu of filing the bond 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 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. 24. Section 51, chapter 228, Laws of 1961 as amended by section 29, chapter 230, Laws of 1982 and RCW 70.77.370 are each amended to read as follows:

Any applicant who has been denied a license is entitled to a hearing in accordance with the provisions of chapter ((~~48.04~~)) 34.05 RCW.

Sec. 25. Section 52, chapter 228, Laws of 1961 as last amended by section 108, chapter 266, Laws of 1986 and RCW 70.77.375 are each amended to read as follows:

The director of community development, through the director of fire protection, upon reasonable opportunity to be heard, ((~~shall~~)) may revoke any license issued pursuant to this chapter, if he or she finds that:

(1) The licensee has violated any provisions of this chapter or any rule or regulations made by the director of community development, through the director of fire protection, under and with the authority of this chapter;

(2) The licensee has created or caused a fire nuisance;

(3) Any licensee has failed or refused to file any required reports; or

(4) Any fact or condition exists which, if it had existed at the time of the original application for such license, reasonably would have warranted the director of community development, through the director of fire protection, in refusing originally to issue such license.

Sec. 26. 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~~)) It is legal to sell, purchase, use, and discharge common fireworks ((~~shall be sold or discharged~~)) within this state ((~~except~~)) from twelve o'clock noon on the twenty-eighth of June to twelve o'clock noon on the sixth of July of each year((.)) and as provided in RCW 70.77.311: PROVIDED, That no common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and nine o'clock a.m.

Sec. 27. Section 64, chapter 228, Laws of 1961 as last amended by section 111, chapter 266, Laws of 1986 and RCW 70.77.435 are each amended to read as follows:

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or the rules or regulations of the director of community development, through the director of fire protection, shall be subject to seizure by the director of community development, through the director of fire protection, or his or her deputy. Any fireworks seized ((~~under this section may~~)) by legal process anywhere in the state shall be disposed of by the director of community development, through the director of fire protection((,)). The director of community development, through the director of fire protection shall dispose of seized fireworks by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later.

Sec. 28. Section 65, chapter 228, Laws of 1961 as last amended by section 112, chapter 266, Laws of 1986 and RCW 70.77.440 are each amended to read as follows:

(1) ((Any person whose fireworks are seized under the provisions of RCW 70.77.435 may within ten days after such seizure petition the director of community development, through the director of fire protection, to return the fireworks seized upon the ground that such fireworks were illegally or erroneously seized. Any petition filed hereunder shall be considered by the director of community development, through the director of fire protection, within fifteen days after filing and an oral hearing granted the petitioner, if requested. Notice of the decision of the director of community development, through the director of fire protection, shall be served upon the petitioner. The director of community development, through the director of fire protection, may order the fireworks seized under this chapter disposed of or returned to the petitioner if illegally or erroneously seized. The determination of the director of community development, through the director of fire protection, is final unless within sixty days an action is commenced in a court of competent jurisdiction in the state of Washington for the recovery of the fireworks seized by the director of community development, through the director of fire protection.

(2) If the fireworks are not returned to the petitioner or destroyed pursuant to RCW 70.77.435, the director of community development, through the director of fire protection, may sell confiscated common fireworks and special fireworks that are legal for use and possession under this chapter to wholesalers licensed by the director of community development, through the director of fire protection.)) In the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The director of community development or deputy director of community development, through the director of fire protection, under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the fireworks seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(2) If no person notifies the director of community development, through the director of fire protection, in writing of the person's claim of lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks shall be deemed forfeited.

(3) If any person notifies the director of community development, through the director of fire protection, in writing of the person's claim of lawful ownership or possession of the fireworks within thirty days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the seized fireworks is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to have the lawful right to possession of the seized fireworks. The director of community development, through the director of fire protection, shall promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.

(4) When fireworks are forfeited under this chapter the director of community development, through the director of fire protection, may:

(a) Dispose by summary destruction those fireworks that are not legal for use and possession in this state; or

(b) Sell the forfeited common fireworks and special fireworks that are legal for use and possession in this state to wholesalers licensed by the director of community development, through the director of fire protection. Sale shall be by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the auction is to be held, at least three days before the date of the auction. The proceeds of the sale of the seized fireworks under this section shall be deposited in the general fund. ((~~Fireworks that are not legal for use and possession in this state shall be destroyed by the director of community development, through the director of fire protection.~~))

Sec. 29. Section 67, chapter 228, Laws of 1961 as amended by section 113, chapter 266, Laws of 1986 and RCW 70.77.450 are each amended to read as follows:

The director of community development, through the director of fire protection, may make an examination of the books and records of any licensee, or other person relative to fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of enforcing the provisions of this chapter. The licensee, owner, lessee, manager, or operator of any such building or premises shall permit the director of community development, through the director of fire protection, his or her deputies, his or her salaried assistants and the chief of any city ((or)), county, town, or other municipality fire department ((~~or fire protection district~~)) and their authorized representatives to enter and inspect the premises at the time and for the purpose stated in this section.

Sec. 30. Section 68, chapter 228, Laws of 1961 as last amended by section 114, chapter 266, Laws of 1986 and RCW 70.77.455 are each amended to read as follows:

(1) All licensees shall maintain and make available to the director of community development, through the director of fire protection, ((~~full and complete records showing all~~)) an annual report showing production, imports, exports, purchases, and sales((~~, and consumption~~)) of fireworks items by ((~~kind and~~)) class.

(2) Reports produced, as required by this chapter, are not subject to disclosure through the public disclosure act under chapter 42.17 RCW.

Sec. 31. 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 all legitimate ((~~administrative~~)) costs for ((~~permit~~)) all needed permits and local licenses from application to and through processing, issuance, and inspection, but in no case to exceed one hundred dollars for any one year.

NEW SECTION. Sec. 32. No person, firm, partnership, or corporation may knowingly advertise for sale fireworks which are unlawful pursuant to this chapter.

NEW SECTION. Sec. 33. (1) Every wholesaler must carry public liability insurance for each wholesale and retail fireworks outlet it operates. The amount of such a surety bond or certificate of insurance shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event or one million dollars combined single limit liability insurance, unless such surety bond or insurance is not readily available from at least three approved insurance companies. If a surety bond or insurance in these amounts is not readily available, each fireworks permit shall be covered by a public liability insurance policy in the maximum amounts that are readily available from at least three approved insurance companies.

(2) No wholesaler may knowingly sell or supply fireworks to any retail outlet unless the wholesaler determines that the retail outlet carries public liability insurance in the same amount as provided in subsection (1) of this section.

NEW SECTION. Sec. 34. Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license issued by the state of Washington.

NEW SECTION. Sec. 35. No port district, fire department, or fire protection district may limit by restrictions on total weight or number of containers or any other means the amount of fireworks destined for, or unloaded at, any port in the state of Washington: PROVIDED, That a port district may prescribe reasonable rules to ensure the expeditious and safe handling of such cargo after it is unloaded at the port.

NEW SECTION. Sec. 36. Sections 4, 5, 13, 14, and 32 through 35 of this act are each added to chapter 70.77 RCW.

Sec. 37. Section 35.22.280, chapter 7, Laws of 1965 as last amended by section 3, chapter 278, Laws of 1986 and RCW 35.22.280 are each amended to read as follows:

Any city of the first class shall have power:

(1) To provide for general and special elections, for questions to be voted upon, and for the election of officers;

(2) To provide for levying and collecting taxes on real and personal property for its corporate uses and purposes, and to provide for the payment of the debts and expenses of the corporation;

(3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and other property as may be necessary for any part of the corporate uses provided for by its charter, and to dispose of any such property as the interests of the corporation may, from time to time, require;

(4) To borrow money for corporate purposes on the credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in its charter; but no city shall, in any manner or for any purpose, become indebted to an amount in the aggregate to exceed the limitation of indebtedness prescribed by chapter 39.36 RCW as now or hereafter amended;

(5) To issue bonds in place of or to supply means to meet maturing bonds or other indebtedness, or for the consolidation or funding of the same;

(6) To purchase or appropriate private property within or without its corporate limits, for its corporate uses, upon making just compensation to the owners thereof, and to institute and maintain such proceedings as may be authorized by the general laws of the state for the appropriation of private property for public use;

(7) To lay out, establish, open, alter, widen, extend, grade, pave, plank, establish grades, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and other public grounds, and to regulate and control the use thereof, and to vacate the same, and to authorize or prohibit the use of electricity at, in, or upon any of said streets, or for other purposes, and to prescribe the terms and conditions upon which the same may be so used, and to regulate the use thereof;

(8) To change the grade of any street, highway, or alley within its corporate limits, and to provide for the payment of damages to any abutting owner or owners who shall have built or made other improvements upon such street, highway, or alley at any point opposite to the point where such change shall be made with reference to the grade of such street, highway, or alley as the same existed prior to such change;

(9) To authorize or prohibit the locating and constructing of any railroad or street railroad in any street, alley, or public place in such city, and to prescribe the terms and conditions upon which any such railroad or street railroad shall be located or constructed; to provide for the alteration, change of grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of said city; and to provide by ordinance for the protection of all persons and property against injury in the use of such railroads or street railroads;

(10) To provide for making local improvements, and to levy and collect special assessments on property benefited thereby, and for paying for the same or any portion thereof;

(11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to improve the same. When the language of any instrument by which any property is so acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, and where it is found that the property so acquired is not needed for park purposes and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may, with the consent of the grantor or such other person, his heirs, successors, or assigns, exchange such property for other property to be dedicated for park purposes, and may make, execute, and deliver proper conveyances to effect the exchange. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. Title to property so conveyed by the city shall vest in the grantee free and clear of any trust in favor of the public arising out of any prior dedication for park purposes, but the right of the public shall be transferred and preserved with like force and effect to the property received by the city in such exchange;

(12) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof;

(13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners of the adjoining contiguous, or proximate property, or others specially benefited thereby; and to provide for the manner of making and collecting assessments therefor;

(14) To provide for erecting, purchasing, or otherwise acquiring waterworks, within or without the corporate limits of said city, to supply said city and its inhabitants with water, or authorize the construction of same by others when deemed for the best interests of such city and its inhabitants, and to regulate and control the use and price of the water so supplied;

(15) To provide for lighting the streets and all public places, and for furnishing the inhabitants thereof with gas or other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of such works as may be necessary and convenient therefor, and to regulate and control the use thereof;

(16) To establish and regulate markets, and to provide for the weighing, measuring, and inspection of all articles of food and drink offered for sale thereat, or at any other place within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in such city, and to provide for the inspection thereof;

(17) To erect and establish hospitals and pesthouses, and to control and regulate the same;

(18) To provide for establishing and maintaining reform schools for juvenile offenders;

(19) To provide for the establishment and maintenance of public libraries, and to appropriate, annually, such percent of all moneys collected for fines, penalties, and licenses as shall be prescribed by its charter, for the support of a city library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;

(20) To regulate the burial of the dead, and to establish and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their establishment within two miles of the boundaries thereof;

(21) To direct the location and construction of all buildings in which any trade or occupation offensive to the senses or deleterious to public health or safety shall be carried on, and to regulate the management thereof; and to prohibit the erection or maintenance of such buildings or structures, or the carrying on of such trade or occupation within the limits of such corporation, or within the distance of two miles beyond the boundaries thereof;

(22) To provide for the prevention and extinguishment of fires and to regulate or prohibit the transportation, keeping, or storage of all combustible or explosive materials within its corporate limits((~~, and to regulate and restrain the use of fireworks~~));

(23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other structures within its corporate limits as the safety of persons or property may require, and to cause all such buildings and places as may from any cause be in a dangerous state to be put in safe condition;

(24) To regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed and maintained;

(25) To deepen, widen, dock, cover, wall, alter, or change the channels of waterways and courses, and to provide for the construction and maintenance of all such works as may be required for the accommodation of commerce, including canals, slips, public landing places, wharves, docks, and levees, and to control and regulate the use thereof;

(26) To control, regulate, or prohibit the anchorage, moorage, and landing of all watercrafts and their cargoes within the jurisdiction of the corporation;

(27) To fix the rates of wharfage and dockage, and to provide for the collection thereof, and to provide for the imposition and collection of such harbor fees as may be consistent with the laws of the United States;

(28) To license, regulate, control, or restrain wharf boats, tugs, and other boats used about the harbor or within such jurisdiction;

(29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and purification of watercourses and canals, for the drainage and filling up of ponds on private property within its limits, when the same shall be offensive to the senses or dangerous to health; to regulate and control, and to prevent and punish, the defilement or pollution of all streams running through or into its corporate limits, and for the distance of five miles beyond its corporate limits, and on any stream or lake from which the water supply of said city is taken, for a distance of five miles beyond its source of supply; to provide for the cleaning of areas, vaults, and other places within its corporate limits which may be so kept as to become offensive to the senses or dangerous to health, and to make all such quarantine or other regulations as may be necessary for the preservation of the public health, and to remove all persons afflicted with any infectious or contagious disease to some suitable place to be provided for that purpose;

(30) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist;

(31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized by the general laws of the state: PROVIDED, That no license shall be granted to any person or persons who shall not first comply with the general laws of the state in force at the time the same is granted;

(32) To grant licenses for any lawful purpose, and to fix by ordinance the amount to be paid therefor, and to provide for revoking the same: PROVIDED, That no license shall be granted to continue for longer than one year from the date thereof;

(33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect the public health or the good order of said city, or to disturb the public peace, and which are not prohibited by law, and to provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same to be violated in any building or upon any premises owned or controlled by them;

(34) To restrain and provide for the punishment of vagrants, mendicants, prostitutes, and other disorderly persons;

(35) To provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all persons charged with violating any of the ordinances of said city. The punishment shall not exceed a fine of five thousand dollars or imprisonment in the city jail for one year, or both such fine and imprisonment. Such cities alternatively may provide that violations of ordinances constitute a civil violation subject to monetary penalties;

(36) To project or extend its streets over and across any tidelands within its corporate limits, and along or across the harbor areas of such city, in such manner as will best promote the interests of commerce;

(37) To provide in their respective charters for a method to propose and adopt amendments thereto.

NEW SECTION. Sec. 38. Section 70, chapter 228, Laws of 1961, section 116, chapter 266, Laws of 1986 and RCW 70.77.465 are each repealed.

NEW SECTION. Sec. 39. 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. 40. 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 shall take effect immediately.