2642-S

AN ACT Relating to strengthening state fireworks regulation; amending RCW 70.77.146, 70.77.177, 70.77.255, 70.77.265, 70.77.270, 70.77.280, 70.77.325, 70.77.355, 70.77.370, 70.77.435, 70.77.440, 70.77.450, and 70.77.535; adding new sections to chapter 70.77 RCW; adding a new section to chapter 9.41 RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1. RCW 70.77.146 and 1984 c 249 s 4 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~~)) an integral part of a motion picture, radio or television production, ((~~theatrical,~~)) or ((~~opera~~)) live entertainment.

NEW SECTION. Sec. 2. A new section is added to chapter 70.77 RCW to read as follows:

"City" means any city or town.

Sec. 3. 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,~~)) 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.

Sec. 4. RCW 70.77.255 and 1984 c 249 s 10 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, no person, without an appropriate state license or 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. 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. 6. RCW 70.77.270 and 1984 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. 7. 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. 8. RCW 70.77.325 and 1991 c 135 s 4 are each amended to read as follows:

(1) An application for a license shall be made annually by every person holding an existing license who wishes to continue the activity requiring the license during an additional calendar year. The application shall be accompanied by the annual license fees as prescribed in RCW 70.77.343 and 70.77.340.

(2) A person applying for an annual license as a retailer under this chapter shall file an application by June 10 of the current year. The director of community, trade, and economic development, through the director of fire protection, shall grant or deny the license within fifteen days of receipt of the application.

(3) A person applying for an annual license as a manufacturer, importer, or wholesaler under this chapter shall file an application by January 31 of the current year. The director of community, trade, and economic development, through the director of fire protection, shall grant or deny the license within ninety days of receipt of the application.

Sec. 9. 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, trade, and economic 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, trade, and economic 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, trade, and economic 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, trade, and economic 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, trade, and economic 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. 10. RCW 70.77.370 and 1989 c 175 s 129 are each amended to read as follows:

Any applicant who has been denied a license for reasons other than making application after the date set forth in RCW 70.77.325 is entitled to a hearing in accordance with the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

Sec. 11. RCW 70.77.435 and 1986 c 266 s 111 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, trade, and economic development, through the director of fire protection, shall be subject to seizure by the director of community, trade, and economic development, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority. Any fireworks seized under this section may be disposed of by the director of community, trade, and economic development, through the director of fire protection, or the agency conducting the seizure, 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. 12. RCW 70.77.440 and 1986 c 266 s 112 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,~~)) the agency conducting the seizure 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,~~)) authority conducting the seizure within fifteen days after filing and an oral hearing granted the petitioner, if requested. Hearings shall be conducted in accordance with state law or chapter 34.05 RCW. Notice of the decision of the ((~~director of community development, through the director of fire protection,~~)) authority conducting the hearing shall be served upon the petitioner. The ((~~director of community development, through the director of fire protection,~~)) authority conducting the hearing 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,~~)) authority conducting the hearing 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~~)) under this chapter.

(2) If the fireworks are not returned to the petitioner or destroyed pursuant to RCW 70.77.435, the director of community, trade, and economic development, through the director of fire protection, or the agency conducting the seizure may sell confiscated common fireworks ((~~and~~)), special fireworks, and chemicals used to make fireworks, that are legal for use and possession under this chapter, to wholesalers ((~~licensed~~)) or manufacturers, authorized to possess and use such fireworks or chemicals under a license issued by the director of community, trade, and economic 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, trade, and economic development, through the director of fire protection, or by the agency conducting the seizure.

Sec. 13. RCW 70.77.450 and 1986 c 266 s 113 are each amended to read as follows:

The director of community, trade, and economic 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, trade, and economic 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.

Sec. 14. RCW 70.77.535 and 1984 c 249 s 35 are each amended to read as follows:

This chapter does not prohibit the assembling, compounding, use, and display of special effects ((~~of whatever nature~~)) by any person engaged in the production of motion pictures, radio or television productions, ((~~theatricals, or operas~~)) or live entertainment when such use and display is ((~~a necessary~~)) an integral part of the production and such person possesses a valid permit from the local fire official.

NEW SECTION. Sec. 15. A new section is added to chapter 70.77 RCW to read as follows:

The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means.

NEW SECTION. Sec. 16. A new section is added to chapter 9.41 RCW to read as follows:

Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter 70.77 RCW.

NEW SECTION. Sec. 17. 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. 18. 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.