BP BHEAD INT S

AN ACT Relating to fireworks; amending RCW 70.77.250, 70.77.255, 70.77.330, 70.77.340, 70.77.370, 70.77.435, 70.77.440, and 70.77.515; adding a new section to chapter 70.77 RCW; and prescribing penalties.

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

Sec. 1. RCW 70.77.250 and 1986 c 266 s 100 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.))

(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. 2. 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 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 use, possess, or 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. 3. RCW 70.77.330 and 1986 c 266 s 104 are each amended to read as follows:

If the director of community development, through the director of fire protection, finds that the granting of such license would not be contrary to public safety or welfare, he or she shall issue a license authorizing the applicant to engage in the particular act or acts upon the payment of the license fee specified in this chapter. Licensees may transport the class of fireworks for which they hold a valid license if the licensee has met all local, state, and federal transportation laws for the class of fireworks to be transported.

Sec. 4. RCW 70.77.340 and 1982 c 230 s 24 are each amended to read as follows:

The original and annual license fee shall be as follows:

Manufacturer..................................................................................................................................................................... $ 500.00

Importer............................................................................................................................................................................... 100.00

Wholesaler.......................................................................................................................................................................... 1,000.00

((~~Retailer (for each separate retail outlet)................................................................................................................. 10.00~~))

Public display for special fireworks................................................................................................................................ 10.00

Pyrotechnic operator for special fireworks...................................................................................................................... 5.00

Sec. 5. 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. 6. 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 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 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 development, through the director of fire protection, 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. 7. 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,~~)) authority 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 locally adopted rules or in accordance with state law. 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 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. 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.

NEW SECTION. Sec. 8. A new section is added to chapter 70.77 RCW to read as follows:

(1) After the effective date of this section, it is illegal to sell, offer for sale, possess, acquire, use, discharge, distribute, or transport fireworks, unless the sale, possession, acquisition, use, discharge, distribution, or transportation is specifically allowed under this chapter.

(2) A violation of this section is a gross misdemeanor and punishable as such under RCW 9A.20.021.

Sec. 9. RCW 70.77.515 and 1984 c 249 s 32 are each amended to read as follows:

It is unlawful for any person to possess, use, discharge, or sell ((~~or transfer any~~)) at retail common fireworks ((~~to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued~~)). A violation of this section is a gross misdemeanor.