1464-S AMH HORN LUND 2
SHB 1464 - H AMD 000063 ADOPTED 3-13-93
By Representatives Horn, H. Myers, and Edmondson
On page 64, after line 7, insert the following:
"Sec. 75. RCW 70.77.177 and 1984 c 249 s 6 are each amended to read as follows:
"Local fire official" means the
chief of a local fire department ((or fire protection district,)) or
a chief fire protection officer or such other person as may be designated by
the governing body of a city((,)) or county((, or district))
to act as a local fire official under this chapter.
NEW SECTION. Sec. 76. A new section is added to chapter 70.77 RCW to read as follows:
"City" means any city or town.
Sec. 77. RCW 70.77.265 and 1984 c 249 s 12 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((,)) or county((, or fire protection district)).
Sec. 78. RCW 70.77.270 and c 249 s 13 are each amended to read as follows:
The governing body of a city((,)) or
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.
Sec. 79. RCW 70.77.280 and 1984 c 249 s 14 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((,)) or county((,
or fire protection district)). The governing body may grant or deny the
application and may place reasonable conditions on any permit it issues.
Sec. 80. RCW 70.77.355 and 1986 c 266 s 105 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((,)) or county((, or fire protection district)),
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. 81. RCW 70.77.450 and 1986 c 266 s 113 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)) or salaried
assistants ((and the chief of any city or county fire department or fire
protection district)), the local fire official, and their authorized
representatives to enter and inspect the premises at the time and for the
purpose stated in this section."
Renumber the remaining sections consecutively and correct internal references accordingly.
EFFECT: Deletes the authority of fire protection districts to issue permits related to fire works and fire chiefs of fire protection districts to act as local fire officials for purposes of the state fireworks law. Defines the term "city" in the fireworks laws to include any city or town.