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HomeMy WebLinkAbout5385ORDINANCE NO. 5 3 8 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CITY CODE CHAPTER 8.24 ENTITLED "FIREWORKS" EXCEPT SECTION 8.24.080 ENTITLED "PUBLIC DISPLAY OF FIREWORKS" AND CREATING A NEW AUBURN CITY CODE CHAPTER 8.24 ENTITLED "REVISED CODE OF WASHINGTON CHAPTER 70.77 STATE FIREWORKS LAW ADOPTED BY REFERENCE"; CREATING SECTION 8.24.010 ENTITLED "ADOPTED —COPY FILED AND AUTHENTICATED"; CREATING SECTION 8.24.020 ENTITLED "SEVERABILITY" AND CREATING SECTION 8.24.030 ENTITLED "RESTRICTIONS AND PERMITS" THAT SETS FORTH MORE RESTRICTIVE PROVISIONS INVOLVING THE DETONATION OF FIREWORKS. WHEREAS, the state legislature, pursuant to Chapter 35A.11 RCW, has provided authority to code cities to regulate their internal affairs; and WHEREAS, the state legislature has provided for regulation of fireworks through the enactment of Chapter 70.77 RCW, entitled "State Fireworks Law" during the legislative session of 1995; and WHEREAS, the City desires to protect the safety of its citizens and to accomplish this objective is providing more restrictive standards as to the type of Fireworks that may be detonated within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5385 June 2, 2000 Page 1 Section 1. REPEAL. Auburn City Code Chapter 8.24 entitled "FIREWORKS" is repealed except as to 8.24.080 entitled "PUBLIC DISPLAY OF FIREWORKS". Section 2. PURPOSE. The purpose of this Ordinance is as follows: To create a new Auburn City Code Chapter 8.24 entitled "REVISED CODE OF WASHINGTON CHAPTER 70.77 STATE FIREWORKS LAW ADOPTED BY REFERENCE" in order to adopt by reference the state legislation creating a method for regulation of fireworks in the State of Washington. Section 3. CREATE SECTION 8.24.010 OF AUBURN CITY CODE CHAPTER 8.24. Section 8.24.010 entitled "ADOPTED—COPIES FILED AND AUTHENTICATED" is hereby created as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 4. CREATE SECTION 8.24.020 OF AUBURN CITY CODE CHAPTER 8.24. Section 8.24.020 entitled "SEVERABILITY" is hereby created as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 5. CREATE SECTION 8.24.030 OF AUBURN CITY CODE, CHAPTER 8.24. Section 8.24.030 entitled "RESTRICTIONS AND PERMITS" ------------------------- Ordinance No. 5385 June 2, 2000 Page 2 is hereby created as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 6. Amend section 8.24.08 of Auburn City Code to reflect a change in section number to 8.24.040 as set forth in Exhibit "A:" as attached hereto and incorporated herein by this reference. Section 7. Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. This Ordinance shall take effect and be in force from and after 5 days following the publication of this Ordinance as passed by the City Council. ------------------------- Ordinance No. 5385 June 2, 2000 Page 3 INTRODUCED: June 5, 2000 PASSED: June 5, 2000 APPROVED: June 5, 2000 QAw4A,L A - f�oe-f �, CHARLES A. BOOTH MAYOR ATTEST: DANIELLE DASKAM, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: 6a�d'()6-4j ------------------------- Ordinance No. 5385 June 2, 2000 Page 4 EXHIBIT "A" ORDINANCE NO.5 3 8 5 Chapter 8.24 SPECIFIC REVISED CODE OF WASHINGTON CHAPTER 70.77 ADOPTED BY REFERENCE Sections: 8.24.010 Adopted—Copies filed and authenticated. 8.24.020 Severability. 8.24.030 Restrictions and Permits. 8.24.040 Public Display of Fireworks. 8.24.010 Adopted --Copies filed and authenticated. RCW Chapter 70.77 State Fireworks Law is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this Chapter shall be published as required by law, but the specified Revised Code of Washington Chapter 70.77 adopted by reference need not be published but shall be authenticated and recorded with the Auburn City Clerk, and not less than one copy of such Chapter in the form in which it was adopted shall forthwith be filed in the office of the Auburn City Clerk for use and examination by the public. ------------------------------------ Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 5 8.24.020 Severability. If any provision of this chapter or RCW Chapter 70.77 adopted by reference in this chapter and effective from and after 5 days from publication following adoption by the City Council or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. 8.24.030 Restrictions and Permits. The following fireworks shall not be manufactured, used or detonated within the City of Auburn Washington: Any device that will produce as visual and/or audible effect when exploded and/or detonated by combustion. Except as follows: A. Flares for emergency operation. B. Signal device to begin an athletic event or sport. C. Use by Military Organizations. D. Blank cartridges for show or theater. E. A permitted fireworks display or ---------------------------------- Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 6 F. Where authorized by Federal law within the Muckleshoot Indian Reservation. G. The following types of fireworks are accepted: 1. Sparkle : Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. 2. Cylindrical Fountain. Cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be hand-held (handle fountain). 3. Cone Fountain: Cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain. 4. Illuminating Torch: Cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held. 5. Wheel: Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and, sometimes a whistling effect. 6. Ground Spinner: Small device similary to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 7 7. Flitter Sparkler: Narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function. 8. Smoke Device: Tube or sphere containing pyrotechnic composition which, upon ignition, produced white or colored smoke as the primary effect." Permit for Display of Fireworks: A permit for display of fireworks may be issued by the Fire Chief under the provisions as set forth in Auburn City Code 8.24.040 8.24.0840 Public display of fireworks. A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the appropriate Auburn city council committee, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. ---------------------------------- Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 8 B. A state pyrotechnics license is required for operators of a public display of fireworks. C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant's payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured. D. Transportation and Storage. 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9 (b) prior to reaching the display site. 2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of ------------------------------------ Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 9 having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier's instructions. 4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame -proof water repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. 6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. E. Preparation of Site and Crowd Control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object. ---------------------------------- Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 10 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Mortars. 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement.- Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. 2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. ------------------------------------ Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 11 3. Mortars shall be either buried securely into the ground to a depth of two- thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. 4. In damp ground, a weather -resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture. 5. Weather -resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down -range side of the discharge site. G. Operation of the Display. 1. The operator shall provide fire protection at the site as required by the fire chief or his designee. 2. Only permitted fireworks are authorized for use. ---------------- ----------------- Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 12 3. If, in the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected. 4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 5. Light snow or mist need not cause cancellation of the display, however, all materials used in the display shall be protected from the weather until immediately prior to use. 6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination. 7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted. 8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. ------------------------------------ Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 13 9. The mortars shall be reangled or reset if necessary at any time during the display. 10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions. 11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 12. Operators shall not dry a wet shell, lance, or pot for reuse. 13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning. ---------------------------------- Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 14 15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee 16. The debris from discharged fireworks shall be properly disposed. H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate Auburn city council committee. (Ord. 3976 § 8, 1984.) ------------------------------------ Ordinance No. 5385 Exhibit "A" June 2, 2000 Page 15 70.75.010 Title 70 RCW: Public Health and Safety No. 194, dated 1963: PROVIDED, That this section shall is held invalid, the remainder of the act, or the application of not apply to steamer connections on fire hydrants. [1967 c the provision to other persons or circumstances is not 152 § 1.1 affected. [1967 c 152 § 5.1 70.75.020 Duties of chief of the Washington state patrol. The standardization of existing fire protection Chapter 70.77 equipment in this state shall be arranged for and carried out STATE FIREWORKS LAW by or under the direction of the chief of the Washington state patrol, through the director of fire protection. He or Sections she shall provide the appliances necessary for carrying on 70.77.11 I Intent. this work, shall proceed with such standardization as rapidly 70.77.120 70.77.124 Definitions—To govern chapter. Definitions—"City." as possible, and shall require the completion of such work 70.77.126 Definitions—"Fireworks." within a period of five years from June 8, 1967: PROVID- 70.77.131 Definitions—"Special fireworks." ED, That the chief of the Washington state patrol, through 70.77.136 Definitions—"Common fireworks." the director of fire protection, may exempt special purpose 70.77.141 70.77.146 Definitions—"Agricultural and wildlife fireworks." Definitions—"Special effects." fire equipment and existing fire protection equipment from 70.77.160 Definitions—"Public display of fireworks." standardization when it is established that such equipment is 70.77.165 Definitions—"Fire nuisance." not essential to the coordination of public fire protection 70.77.170 Definitions—"License." operations. [ 1995 c 369 § 41; 1986 c 266 § 96; 1967 c 152 70.77.175 70.77.177 Definitions—"Licensee." Definitions—"Local fire official." § 2•1 70.77.180 Definitions—"Permit." Effective date -1995 c 369: See note following RCW 43.43.930. 70.77.190 Definitions—"Person." Severability -1986 c 266: See note following RCW 38.52.005. 70.77.200 70.77.205 Definitions—"Importer." Definitions—"Manufacturer." State fire protection: Chapter 48.48 RCW. 70.77.210 Definitions—"Wholesaler." 70.77.215 Definitions—"Retailer." 70.75.030 Duties of chief of the Washington state 70.77.230 Definitions—"Pyrotechnic operator." patrol—Notification of industrial establishments and 70.77.236 70.77.250 Definitions—"New fireworks item." Chief of the Washington state patrol to enforce and adminis- property owners having equipment. The chief of the ter—Powers and duties. Washington state patrol, through the director of fire protec- 70.77.255 Acts prohibited without appropriate licenses and permits— tion, shall notify industrial establishments and property Minimum age for license or permit—Activities permit - owners having equipment, which may be necessary for fire 70.77.260 ted without license or permit. Application for permit. department use in protecting the property or putting out fire, 70.77.265 Investigation, report on permit application. of any changes necessary to bring their equipment up to the 70.77.270 Governing body to grant permits—State-wide standards— requirements of the standard established by RCW 70.75.020, Liability insurance. and shall render such assistance as may be available for 70.77.280 Public display permit—Investigation---Governing body to converting substandard equipment to meet standard specifica- 70.77.285 grant --Conditions. Public display permit—Bond or insurance for liability. tions and requirements. [1995 c 369 § 42; 1986 c 266 § 97; 70.77.290 Public display permit—Granted for exclusive purpose. 1967 c 152 § 3.] 70.77.295 Public display permit—Amount of bond or insurance. Effective date -1995 c 369: See note following RCW 43.43.930. 70.77.305 Chief of the Washington state patrol to issue licenses— Registration of in-state agents. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.311 Exemptions from licensing—Purchase of certain agricultural and wildlife fireworks by government agencies - 70.75.040 Sale of nonstandard equipment as Purchase of common fireworks by religious or private misdemeanor—Exceptions. An person who, without P Y P 70.77.315 organizations. Application for license. approval of the chief of the Washington state patrol, through 70.77.320 Application for license to be signed. the director of fire protection, sells or offers for sale in 70.77.325 Annual application for a license—Dates. Washington any fire hose, fire engine or other equipment for 70.77.330 License to engage in particular act to be issued if not con - fire protection purposes which is fitted orequipped with P P Pfireworks trary to public safety or welfare—Transportation of other than the standard thread is guilty of a misdemeanor: 70.77.335 authorized. License authorizes activities of salesmen, employees. PROVIDED, That fire equipment for special purposes, re- 70.77.340 Annual license fees. search, programs, forest fire fighting, or special features of 70.77.343 License fees—Additional. fire protection equipment found appropriate for uniformity 70.77.345 Duration of licenses and retail fireworks sales permits. within a particular protection area may be specifically 70.77.355 General license for public display—Surety bond or insur- ance—Filing of license certificate with local permit exempted from this requirement by order of the chief of the application. Washington state patrol, through the director of fire pro- 70.77.360 Denial of license for material misrepresentation or if con- tection. [1995 c 369 § 43; 1986 c 266 § 98; 1967 c 152 § trary to public safety or welfare. 4.1 70.77.365 Denial of license for failure to meet qualifications or condi tions. Effective date -1995 c 369: See note following RCW 43.43.930. 70.77.370 Hearing on denial of license. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.375 Revocation of license. 70.77.381 Wholesalers and retailers—Liability insurance requirement. 70.77.386 Retailers—Purchase from licensed wholesalers. 70.75.900 Severability -1967 c 152. If any provision 70.77.395 Dates and times common fireworks may be sold or dis- of this act, or its application to any person or circumstance charged. 70.77.401 Sale of certain fireworks prohibited. [Title 70 RCW—page 1181 (1998 1 a State Fireworks Law 70.77.405 Authorized sales of toy caps, tricks, and novelties. 70.77.410 Public displays not to be hazardous. 70.77.415 Supervision of public displays. 70.77.420 Storage permit required—Application—Investigation—Grant or denial—Conditions. 70.77.425 Approved storage facilities required. 70.77.430 Sale of stock after revocation or expiration of license. 70.77.435 Seizure of fireworks. 70.77.440 Seizure of fireworks—Proceedings for forfeiture—Disposal of confiscated fireworks. 70.77.450 Examination, inspection of books and premises. 70.77.455 Licensees to maintain and make available complete re- cords—Exemption from public disclosure act. 70.77.460 Reports, payments deemed made when filed or paid or date mailed. 70.77.480 Prohibited transfers of fireworks. 70.77.485 Unlawful possession of fireworks—Penalties. 70.77.488 Unlawful discharge or use of fireworks—Penalty. 70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc. 70.77.510 Unlawful sales or transfers of special fireworks—Penalty. 70.77.515 Unlawful sales or transfers of common fireworks—Penalty. 70.77.517 Unlawful transportation of fireworks—Penalty. 70.77.520 Unlawful to permit fire nuisance where fireworks kept— Penalty. 70.77.525 Manufacture or sale of fireworks for out-of-state shipment. 70.77.530 Nonprohibited acts—Signal proposes, forest protection. 70.77.535 Special effects for entertainment media. 70.77.540 Penalty. 70.77.545 Violation a separate, continuing offense. 70.77.547 Civil enforcement not precluded. 70.77.550 Short title. 70.77.555 Local permit and license fee—Limit. 70.77.575 Chief of the Washington state patrol to provide list of fire- works which may be sold to public. 70.77.580 Retailers to post list of fireworks. 70.77.900 Effective date -1961 c 228. 70.77.910 Severability -1961 c 228. 70.77.911 Severability -1982 c 230. 70.77.912 Severability -1984 c 249. State building code: Chapter 19.27 RCW. 70.77.111 Intent. The legislature declares that fireworks, when purchased and used in compliance with the laws of the state of Washington, are legal. The legislature intends that this chapter is regulatory only, and not prohibito- ry. [1995 c 61 § 1.1 Severability -1995 c 61: "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." [1995 c 61 § 32.] Effective date -1995 c 61: "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 [April 17, 1995]." [1995 c 61 § 33.1 70.77.120 Definitions—To govern chapter. The definitions set forth in this chapter shall govern the construc- tion of this chapter, unless the context otherwise requires. 11961 c 228 § 1.1 70.77.124 Definitions—"City." "City" means any incorporated city or town. [1995 c 61 § 2; 1994 c 133 § 2.1 Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Chapter 70.77 70.77.126 Definitions—"Fireworks." "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 combus- tion, 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 and designated as U.N. 0335 1.3G or U.N. 0336 1.4G as of April 17, 1995. [1995 c 61 § 3; 1984 c 249 § 1; 1982 c 230 § 1.1 Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.131 Definitions—"Special fireworks." "Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as such by the United States bureau of explosives or in the regulations of the United States depart- ment of transportation and designated as U.N. 0335 1.3G as of April 17, 1995. [ 1995 c 61 § 4; 1984 c 249 § 2; 1982 c 230 § 2.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.136 Definitions—"Common fireworks." "Common fireworks" means any fireworks which are designed primarily for retail sale to the public during pre- scribed dates and which produce visual or audible effects through combustion and are classified as common fireworks by the United States bureau of explosives or in the regula- tions of the United States department of transportation and designated as U.N. 0336 1.4G as of April 17, 1995. [1995 c61 §5; 1984c249§3; 1982c230§3.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.141 Definitions—"Agricultural and wildlife fireworks." "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program admin- istered by the United States department of the interior. [1982 c 230 § 4.1 70.77.146 Definitions—"Special effects." "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 an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. [1995 c 61 § 8; 1994 c 133 § 1; 1984 c 249 § 4; 1982 c 230 § 5.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability -1994 c 133: "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." [1994 c 133 § 17.] Effective date -1994 c 133: "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 [March 28, 19941," [1994 c 133 § 18.] (1998 Ed.) [Title 70 RCW—page 119] 70.77.160 Title 70 RCW: Public Health and Safety 70.77.160 Definitions—"Public display of fire- works." "Public display of fireworks" means an entertain- ment feature where the public is admitted or allowed to view the display or discharge of special fireworks. [1997 c 182 § 1; 1982 c 230 § 6; 1961 c 228 § 9.1 Severability -1997 c 182: "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." [1997 c 182 § 26.] Effective date -1997 c 182: "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 takes effect immediately [April 23. 1997]." [1997 c 182 § 27.1 70.77.165 Definitions—"Fire nuisance." "Fire nuisance" means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or a hin- drance to the prevention or extinguishment of fire. [1961 c 228 § 10.] 70.77.170 Definitions—"License." "License" means a nontransferable formal authorization which the chief of the Washington state patrol and the director of fire protection are permitted to issue under this chapter to engage in the act specifically designated therein. [1995 c 369 § 44; 1986 c 266 § 99; 1982 c 230 § 7; 1961 c 228 § 11.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.175 Definitions—"Licensee." "Licensee" means any person holding a fireworks license in conformance with this chapter. [1961 c 228 § 12.] 70.77.177 Definitions—"Local fire official." "Local fire official" means the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to act as a local fire official under this chapter. [1994 c 133 § 3; 1984 c 249 § 6.] Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.180 Definitions—"Permit." "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, or exchanged and the official permission granted by a local agency for a public display of fireworks. [1995 c 61 § 9; 1984 c 249 § 5; 1982 c 230 § 8; 1961 c 228 § 13.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.190 Definitions—"Person." 'Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. [1961 c 228 § 15.1 70.77.200 Definitions—"Importer." "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. [1995 c 61 § 10; 1961 c 228 § 17.1 Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.205 Derinitions—"Manufacturer." "Manufac- turer' 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. [1995 c 61 § 11; 1961 c 228 § 18.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.210 Definitions—"Wholesaler." "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display licensees. [1982 c 230 § 9; 1961 c 228 § 19.1 70.77.215 Definitions—"Retailer." "Retailer' includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user. [1982 c 230 § 10; 1961 c 228 § 20.] 70.77.230 Definitions—"Pyrotechnic operator." "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks. [1982 c 230 § 11; 1961 c 228 § 23.] 70.77.236 Definitions—"New fireworks item." (1) "New fireworks item" means any fireworks initially classi- fied 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 April 17, 1995. (2) The chief of the Washington state patrol 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 chief of the Washington state patrol through the director of fire protection determines, stating reasonable grounds, that the item should not be so classified. [ 1997 c 182 § 4; 1995 c 61 § 6.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. [Title 70 RCW—page 1201 (1998 pd.) State Fireworks Law Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.250 Chief of the Washington state patrol to enforce and administer—Powers and duties. (1) The chief of the Washington state patrol, through the director of fire protection, shall enforce and administer this chapter. (2) The chief of the Washington state patrol, 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 chief of the Washington state patrol, through the director of fire protection, shall adopt those rules relating to fireworks as are necessary for the implementation of this chapter. (4) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules as are necessary to ensure state-wide minimum standards for the enforcement of this chapter. Counties, cities, and towns shall comply with these state rules. Any local rules adopted by local authorities that are more restrictive than state law shall have an effective date no sooner than one year after their adoption. (5) The chief of the Washington state patrol, 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. [1997 c 182 § 5. Prior: 1995 c 369 § 45; 1995 c 61 § 12; 1986 c 266 § 100; 1984 c 249 § 7; 1982 c 230 § 12; 1961 c 228 § 27.1 Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Effective date -1995 c 369: See note following RCW 43.43.930. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.255 Acts prohibited without appropriate licenses and permits—Minimum age for license or permit—Activities permitted without license or permit. (1) Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as required by this chapter may: (a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use; (b) Make a public display of fireworks; (c) Transport fireworks, except as a public carrier delivering to a licensee; or (d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, its defined under RCW 70.74.010, that are not fireworks, as defined under this chapter. (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 blase. (3) No person less than eighteen years of age may apply titr 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. 70.77.236 [1997 c 182 § 6; 1995 c 61 § 13; 1994 c 133 § 4; 1984 c 249 § 10; 1982 c 230 § 14; 1961 c 228 § 28.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.260 Application for permit. (1) Any person desiring to do any act mentioned in RCW 70.77.255(1) (a) or (c) shall apply in writing to a local fire official for a permit. (2) Any person desiring to put on a public display of fireworks under RCW 70.77.255(1)(b) shall apply in writing to a local fire official for a permit. Application shall be made at least ten days in advance of the proposed display. [ 1984 c 249 § 11; 1982 c 230 § 15; 1961 c 228 § 29.] General licence holders tofile license certificate with application for permit for public display of fireworks: RCW 70.77.355. 70.77.265 Investigation, report on permit applica- tion. 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 recommen- dation for or against the issuance of the permit, together with reasons, to the governing body of the city or county. [1994 c 133 § 5; 1984 c 249 § 12; 1961 c 228 § 30.] Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.270 Governing body to grant permits—State- wide standards—Liability insurance. (1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The permit shall be granted by June 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commenc- ing only on December 27. (2) The chief of the Washington state patrol, through the director of fire protection, shall prescribe uniform, state-wide standards for retail fireworks stands including, but not limited to, the location of the stands, setback requirements and siting of the stands, types of buildings and construction material that may be used for the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards. (3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three ap- 1998 Ed.) [Title 70 RCW—page 1211 70.77.270 Title 70 RCW: Public Health and Safety proved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies. No wholesaler may knowingly sell or supply fireworks to any retail fireworks stand unless the wholesaler deter- mines that the retail fireworks stand is covered by liability insurance in the same amount as provided in this subsection. [1997 c 182 § 8; 1995 c 61 § 14; 1994 c 133 § 6; 1984 c 249 § 13; 1961 c 228 § 31.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.280 Public display permit—Investigation— Governing body to grant—Conditions. The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investi- gate 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. The governing body shall grant the application if it meets the requirements of this chapter and the ordinance of the city or county. [1995 c 61 § 15; 1994 c 133 § 7; 1984 c 249 § 14; 1961 c 228 § 33.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.285 Public display permit—Bond or insurance for liability. 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 evi- dence 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 evidencing the carrying of appropri- ate 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. [1995 c 61 § 16; 1984 c 249 § 15; 1982 c 230 § 16; 1961 c 228 § 34.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.290 Public display permit—Granted for exclusive purpose. If a permit under RCW 70.77.260(2) for the public display of fireworks is granted, the sale, posses- sion and use of fireworks for the public display is lawful for that purpose only. [1997 c 182 § 9; 1984 c 249 § 16; 1961 c 228 § 35.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. 70.77.295 Public display permit—Amount of bond or insurance. In the case of an application for a permit under RCW 70.77.260(2) for the public display of fireworks, the amount of the surety bond or certificate of insurance required under RCW 70.77.285 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 liabil- ity for each event. [1984 c 249 § 17; 1982 c 230 § 17; 1961 c 228 § 36.1 70.77.305 Chief of the Washington state patrol to issue licenses—Registration of in-state agents. The chief of the Washington state patrol, through the director of fire protection, has the power to issue licenses for the manufac- ture, importation, sale, and use of all fireworks in this state. A person may be licensed as a manufacturer, importer, or wholesaler under this chapter only if the person has a designated agent in this state who is registered with the chief of the Washington state patrol, through the director of fire protection. [1995 c 369 § 46; 1986 c 266 § 101; 1984 c 249 § 18; 1982 c 230 § 18; 1961 c 228 § 38.1 Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.105. 70.77.311 Exemptions from licensing—Purchase of certain agricultural and wildlife fireworks by government agencies—Purchase of common fireworks by religious or private organizations. (1) No license is required for the purchase of agricultural and wildlife fireworks by govern- ment 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 adminis- tered 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 applica- tion describing the wildlife management problem that requires use of the devices; (c) It is of no greater quantity than necessary to control the described problem, and (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; (c) For religious or specific purposes; and (d) A permit is obtained from the local fire official. No fee may be charged for this permit. [1995 c 61 § 17; 1984 c 249 § 19; 1982 c 230 § 19.] [Title 70 RCW—page 122] (1998 FAI i State Fireworks Law Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.315 Application for license. 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 chief of the Washington state patrol, 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. [1997 c 182 § 10. Prior: 1995 c 369 § 47; 1995 c 61 § 18; 1986 c 266 § 102; 1982 c 230 § 20; 1961 c 228 § 40.1 Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Effective date -1995 c 369: See note following RCW 43.43.930. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.320 Application for license to be signed. The application for a license shall be signed by the applicant. If application is made by a partnership, it shall be signed by each partner of the partnership, and if application is made by a corporation, it shall be signed by an officer of the corpo- ration and bear the seal of the corporation. [ 1961 c 228 § 41.] 70.77.325 Annual application for a license—Dates. (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 addition- al 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 no later than May I for annual sales commencing on June 28 and on December 27, or no later than November I for sales commencing only on December 27. The chief of the Washington state patrol, 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 chief of the Washington state patrol, through the director of fire protection, shall grant or deny the license within ninety days of receipt of the application. [1997 c 182 § 11; 1994 c 133 § 8; 1991 c 135 § 4; 1986 c 266 § 103; 1984 c 249 § 20; 1982 c 230 § 21; 1961 c 228 § 42.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Intent—Effective date—Severability-1991 c 135: See notes following RCW 43.43.946. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.330 License to engage in particular act to be Issued if not contrary to public safety or welfare— Transportation of fireworks authorized. If the chief of the Washington state patrol, through the director of fire protection, finds that the granting of such license would not 70.77.311 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. [1995 c 369 § 48; 1986 c 266 § 104; 1982 c 230 § 22; 1961 c 228 § 43.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.335 License authorizes activities of salesmen, employees. The authorization to engage in the particular act or acts conferred by a license to a person shall extend to salesmen and other employees of such person. [1982 c 230 § 23; 1961 c 228 § 44.1 70.77.340 Annual license fees. 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 [ 1982 c 230 § 24; 1961 c 228 § 45.1 70.77.343 License fees—Additional. (1) License fees, in addition to the fees in RCW 70.77.340, shall be charged as follows: Manufacturer .................... $ 1,500.00 Importer ......................... 900.00 Wholesaler ....................... 1,000.00 Retailer (for each separate outlet) ....... 30.00 Public display for special fireworks ...... 40.00 Pyrotechnic operator for special fireworks . 5.00 (2) All receipts from the license fees in this section shall be placed in the fire services trust fund and at least seventy- five percent of these receipts shall be used to fund a state- wide public education campaign developed by the chief of the Washington state patrol and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks and the remaining receipts shall be used to fund state-wide enforcement efforts against the sale and use of fireworks that are illegal under this chapter. 11997 c 182 § 12; 1995c61 § 19; 1991c 135§6.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Intent—Effective date—Severability-1991 c 135: See notes following RCW 43.43.946. 70.77.345 Duration of licenses and retail fireworks sales permits. Every license and every retail fireworks sales permit issued shall be for the period from January 1st of the year for which the application is made through January 31st of the subsequent year, or the remaining portion thereof. [1997 c 182 § 13; 1995 c 61 § 20; 1991 c 135 § 5; 1982 c 230 § 25; 1961 c 228 § 46.1 11998 Ed.) [Title 70 RCW—page 1231 70.77.345 Title 70 RCW: Public Health and Safety Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Intent—Effective date—Severability-1991 c 135: See notes following RCW 43.43.946. 70.77.355 General license for public display— Surety bond or insurance—Filing of license certificate with local permit application. (1) Any adult person may secure a general license from the chief of the Washington state patrol, 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, 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 chief of the Washington state patrol, through the director of fire protection. The bond or certifi- cate 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 chief of the Washington state patrol, 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 chief of the Washington state patrol, through the director of fire protection, may issue such general licenses. The holder of a general license shall file a certificate from the chief of the Washington state patrol, 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. [ 1997 c 182 § 14; 1994 c 133 § 9; 1986 c 266 § 105; 1984 c 249 § 21; 1982 c 230 § 26; 1961 c 228 § 48.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.360 Denial of license for material misrepre- sentation or if contrary to public safety or welfare. If the chief of the Washington state patrol, through the director of fire protection, finds that an application for any license under this chapter contains a material misrepresentation or that the granting of any license would be contrary to the public safety or welfare, the chief of the Washington state patrol, through the director of fire protection, may deny the applica- tion for the license. [1995 c 369 § 49; 1986 c 266 § 106; 1984 c 249 § 22; 1982 c 230 § 27; 1961 c 228 § 49.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.365 Denial of license for failure to meet qualifications or conditions. A written report by the chief of the Washington state patrol, through the director of fire protection, or a local fire official, or any of their authorized representatives, disclosing that the applicant for a license, or the premises for which a license is to apply, do not meet the qualifications or conditions for a license constitutes grounds for the denial by the chief of the Washington state patrol, through the director of fire protection, of any application for a license. [ 1995 c 369 § 50; 1986 c 266 § 107; 1984 c 249 § 23; 1982 c 230 § 28; 1961 c 228 § 50.1 Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.370 Hearing on denial of license. 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. [1994 c 133 § 10; 1989 c 175 § 129; 1982 c 230 § 29; 1961 c 228 § 51.1 Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Effective date -1989 c 175: See note following RCW 34.05.010. 70.77.375 Revocation of license. The chief of the Washington state patrol, through the director of fire protec- tion, upon reasonable opportunity to be heard, 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 made by the chief of the Washington state patrol, 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 chief of the Washing- ton state patrol, through the director of fire protection, in refusing originally to issue such license. [1997 c 182 § 16; 1995 c 369 § 51; 1995 c 61 § 21; 1986 c 266 § 108; 1982 c 230 § 30; 1961 c 228 § 52.1 Reviser's note: RCW 70.77.375 was amended twice during the 1995 legislative session, each without reference to the other. This section was subsequently amended by 1997 c 182 § 16, combining the text of the 1995 amendments, but not reenacting those sections. Any subsequent amend- ments to this section should include the 1997 and both 1995 histories in a reenactment. Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Effective date -1995 c 369: See note following RCW 43.43.930. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.381 Wholesalers and retailers—Liability insurance requirements. (1) Every wholesaler shall carry liability insurance for each wholesale and retail fireworks outlet it operates in the amount of not less than fifty thou- sand dollars and five hundred thousand dollars for bodily [Title 70 RCW—page 124] (1998 Ed.) State Fireworks Law injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not available from at least three approved insurance companies. If insurance in this amount is not offered, each wholesale and retail outlet shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies. (2) No wholesaler may knowingly sell or supply fireworks to any retail outlet unless the wholesaler deter- mines that the retail outlet carries liability insurance in the same amount as provided in subsection (1) of this section. [1995c61 §27.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.386 Retailers—Purchase from licensed wholesalers. Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale li- cense issued by the state of Washington. [1995 c 61 § 28.1 Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.395. Dates and times common fireworks may be sold or discharged. It is legal to sell, purchase, use, and discharge common fireworks within this state 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. However, no common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and nine o'clock a.m., except on July 4th from nine o'clock a.m. through twelve o'clock midnight, and except from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year: PROVIDED, That a city or county may prohibit the sale or discharge of common fireworks on December 31, 1995, by enacting an ordinance prohibiting such sale or discharge within sixty days of April 17, 1995. [ 1995 c 61 § 22; 1984 c 249 § 24; 1982 c 230 § 31; 1961c228§56.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.401 Sale of certain fireworks prohibited. 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. [1995 c 61 § 7.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.405 Authorized sales of toy caps, tricks, and novelties. Toy paper caps containing not more than twenty- five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as common fireworks may be sold at all times unless prohibited by local ordinance. [1982 c 230 § 32; 1961 c 228 § 58.] 70.77.410 Public displays not to be hazardous. All public displays of fireworks shall be of such a character and 70.77.381 so located, discharged, or fired as not to be hazardous or dangerous to persons or property. [1961 c 228 § 59.1 70.77.415 Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the chief of the Washing- ton state patrol, through the director of fire protection, under RCW 70.77.255. [1995 c 369 § 52; 1986 c 266 § 109; 1984 c 249 § 25; 1982 c 230 § 33; 1961 c 228 § 60.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.420 Storage permit required—Application— Investigation—Grant or denial—Conditions. (1) It is unlawful for any person to store fireworks of any class without a permit for such storage from the city or county in which the storage is to be made. A person proposing to store fireworks shall apply in writing to a city or county at least ten days prior to the date of the proposed storage. The city or county receiving the application for a storage permit shall investigate whether the character and location of the storage as proposed would constitute a hazard to property or be dangerous to any person. Based on the investigation, the city or county may grant or deny the application. The city or county may place reasonable conditions on any permit granted. (2) For the purposes of this section the temporary storing or keeping of common fireworks when in conjunction with a valid retail sales license and permit shall comply with RCW 70.77.425 and the standards adopted under RCW 70.77.270(2) and not this section. [1997 c 182 § 18; 1984 c 249 § 26; 1982 c 230 § 34; 1961 c 228 § 61.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. 70.77.425 Approved storage facilities required. It is unlawful for any person to store unsold stocks of fire- works remaining unsold after the lawful period of sale as provided in the person's permit except in such places of storage as the local fire official issuing the permit approves. Unsold stocks of common fireworks remaining after the authorized retail sales period from twelve o'clock noon on June 28th to twelve o'clock noon on July 6th shall be returned on or before July 31st of the same year to the approved storage facilities of a licensed fireworks wholesal- er, to a magazine or storage place approved by a local fire official. [1984 c 249 § 27; 1982 c 230 § 35; 1961 c 228 § 62.] 70.77.430 Sale of stock after revocation or expira- tion of license. Notwithstanding RCW 70.77.255, following the revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell such fireworks, but only under supervision of the chief of the Washington state patrol, through the director of fire pro- tection. Any sale under this section shall be solely to persons who are authorized to buy, possess, sell, or use such fireworks. [1995 c 369 § 53; 1986 c 266 § 110; 1984 c 249 § 28; 1982 c 230 § 36; 1961 c 228 § 63.1 Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. (1998 Ed.) [Title 70 RCW—page 1251 a 70.77.435 Title 70 RCW: Public Health and Safety 70.77.435 Seizure of fireworks. Any fireworks which are illegally sold, offered for sale, used, discharged, pos- sessed or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire pro- tection, shall be subject to seizure by the chief of the Washington state patrol, through the director of fire protec- tion, or his or her deputy, or by state agencies or local governments having general Iaw enforcement authority. Any fireworks seized by legal process anywhere in the state may be disposed of by the chief of the Washington state patrol, through the director of fire protection, or the agency con- ducting 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. [1997 c 182 § 20; 1995 c 61 § 23; 1994 c 133 § 11; 1986 c 266 § 111; 1982 c 230 § 37; 1961 c 228 § 64.1 . Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.440 Seizure of fireworks—Proceedings for forfeiture—Disposal of confiscated fireworks. (1) In the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The chief of the Washington state patrol or a designee, through the director of fire protection or the agency conducting the seizure, 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 chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, 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 chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, 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 chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, 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 fire- works. (4) When fireworks are forfeited under this chapter the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, may: (a) Dispose of the fireworks by summary destruction; or (b) Sell the forfeited fireworks and chemicals used to make fireworks, that are legal for use and possession under this chapter, to wholesalers or manufacturers, authorized to possess and use such fireworks or chemicals under a license issued by the chief of the Washington state patrol, 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 may be retained by the agency conducting the seizure and used to offset the costs of seizure and/or storage costs of the seized fireworks. The remaining proceeds, if any, shall be deposited in the fire services trust fund and shall be used for the same purposes and in the same percentages as specified in RCW 70.77.343. [ 1997 c 182 § 21; 1995 c 61 § 24; 1994 c 133 § 12; 1986 c 266 § 112; 1984 c 249 § 29; 1961 c 228 § 65.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.450 Examination, inspection of books and premises. The chief of the Washington state patrol, through the director of fire protection, may make an examination of the books and records of any licensee, or other person rela- tive 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 chief of the Washing- ton state patrol, through the director of fire protection, his or her deputies or salaried assistants, 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. [ 1997 c 182 § 22; 1994 c 133 § 13; 1986 c 266 § 113; 1961 c 228 § 67.1 Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. Severability -1986 c 266: See note following RCW 38.52.005. [Title 70 RCW—page 126] (1998 Ed.) State Fireworks Law 70.77.455 Licensees to maintain and make available complete records—Exemption from public disclosure act. (1) All licensees shall maintain and make available to the chief of the Washington state patrol, through the director of fire protection, full and complete records showing all production, imports, exports, purchases, and sales of fire- works items by class. (2) All records obtained and all reports produced, as required by this chapter, are not subject to disclosure through the public disclosure act under chapter 42.17 RCW. [1997 c 182 § 23. Prior: 1995 c 369 § 54; 1995 c 61 § 25; 1986 c 266 § 114; 1982 c 230 § 38; 1961 c 228 § 68.] Severability—Effective date -1997 c 182: See notes following RCW 70.77.160. Effective date -1995 c 369: See note following RCW 43.43.930. Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.460 Reports, payments deemed made when filed or paid or date mailed. When reports on fireworks transactions or the payments of license fees or penalties are required to be made on or by specified dates, they shall be deemed to have been made at the time they are filed with or paid to the chief of the Washington state patrol, through the director of fire protection, or, if sent by mail, on the date shown by the United States postmark on the envelope containing the report or payment. [1995 c 369 § 55; 1986 c 266 § 115;. 1961 c 228 § 69.1 Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.480 Prohibited transfers of fireworks. The transfer of fireworks ownership whether by sale at wholesale or retail, by gift or other means of conveyance of title, or by delivery of any fireworks to any person in the state who does not possess and present to the carrier for inspection at the time of delivery a valid license, where such license is required to purchase, possess, transport, or use fireworks, is prohibited. [1982 c 230 § 39; 1961 c 228 § 73.1 70.77.485 Unlawful possession of fireworks— Penalties. It is unlawful to possess any class or kind of fireworks in violation of this chapter. A violation of this section is: (1) A misdemeanor if involving less than one pound of fireworks, exclusive of external packaging; or (2) A gross misdemeanor if involving one pound or more of fireworks, exclusive of external packaging. For the purposes of this section, "external packaging" means any materials that are not an integral part of the operative unit of fireworks. [1984 c 249 § 30; 1961 c 228 § 74.] 70.77.488 Unlawful discharge or use of fireworks— Penalty. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor. [1984 c 249 § 37.] 70.77.455 70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc. Nothing in this chapter shall be construed as permitting any person to set off fireworks of any kind in forest, fallows, grass or brush covered land, either on his own land or the property of another, between April 15th and December 1st of any year, unless it is done under a written permit from the department of natural resources or its duly authorized agent, and in strict accor- dance with the terms of the permit and any other applicable law. [ 1988 c 128 § 11; 1961 c 228 § 76.] 70.77.510 Unlawful sales or transfers of special fireworks—Penalty. It is unlawful for any person knowing- ly to sell, transfer, or agree to sell or transfer any special fireworks to any person who is not a fireworks licensee as provided for by this chapter. A violation of this section is a gross misdemeanor. [1984 c 249 § 31; 1982 c 230 § 40; 1961 c 228 § 79.] 70.77.515 Unlawful sales or transfers of common fireworks—Penalty. It is unlawful for any person to sell or transfer any 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. [ 1984 c 249 § 32; 1982 c 230 § 41; 1961 c 228 § 80.] 70.77.517 Unlawful transportation of fireworks— Penalty. It is unlawful for any person, except in the course of continuous interstate transportation through any state, to transport fireworks from this state into any other state, or deliver them for transportation into any other state, or attempt so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such other state specifically prohibiting or regulating the use of fireworks. A violation of this section is a gross misdemeanor. This section does not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a state for the use of federal agencies in the carrying out or the furtherance of their operations. In the enforcement of this section, the definitions of fireworks contained in the laws of the respective states shall be applied. As used in this section, the term "state" includes the several states, territories, and possessions of the United States, and the District of Columbia. [1984 c 249 § 34.1 70.77.520 Unlawful to permit fire nuisance where fireworks kept—Penalty. It is unlawful for any person to allow any rubbish to accumulate in any premises in which fireworks are stored or sold or permit a fire nuisance to exist in such a premises. A violation of this section is a misde- meanor. [1984 c 249 § 33; 1961 c 228 § 81.1 70.77.525 Manufacture or sale of fireworks for out- of-state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license and a permit secured under the provisions of this chapter, (1998 Ed.) [Title 70 RCW—page 1271 70.77.525 Title 70 RCW: Public Health and Safety from manufacturing or selling any kind of fireworks for direct shipment out of this state. [1982 c 230 § 42; 1961 c 228 § 82.] 70.77.530 Nonprohibited acts—Signal purposes, forest protection. This chapter does not prohibit the use of torpedoes, flares, or fusees by motor vehicles, railroads, or other transportation agencies for signal purposes or illumina- tion or for use in forest protection activities. [1961 c 228 § 83.] 70.77.535 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use, and display of special effects by any person engaged in the production of motion pictures, radio or television productions, or live entertainment when such use and display is an integral part of the production and such person possess- es a valid permit from the local fire official. [1994 c 133 § 14; 1984 c 249 § 35; 1982 c 230 § 43; 1961 c 228 § 84.] Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.540 Penalty. Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter or any rules issued thereunder is guilty of a misdemeanor. [1984 c 249 § 36; 1961 c 228 § 85.] 70.77.545 Violation a separate, continuing offense. A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter. [1961 c 228 § 86.] 70.77.547 Civil enforcement not precluded. The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. [1994 c 133 § 15.1 Severability—Effective date -1994 c 133: See notes following RCW 70.77.146. 70.77.550 Short title. This chapter shall be known and may be cited as the state fireworks law. [1961 c 228 § 87.] 70.77.555 Local permit and license fee—Limit. A local public agency may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for 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. [1995 c 61 § 26; 1982 c 230 § 44; 1961 c 228 § 88.] Severability—Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.575 Chief of the Washington state patrol to provide list of fireworks which may be sold to public. (1) The chief of the Washington state patrol, through the director of fire protection, shall adopt by rule a list of the fireworks that may be sold to the public in this state pursuant to this chapter. The chief of the Washington state patrol, through the director of fire protection, shall file the list by October 1st of each year with the code reviser for publication, unless the previously published list has remained current. (2) The chief of the Washington state patrol, through the director of fire protection, shall provide the list adopted under subsection (1) of this section by November 1st of each year to all manufacturers, wholesalers, and importers licensed under this chapter, unless the previously distributed list has remained current. [1995 c 369 § 57; 1986 c 266 § 117; 1984 c 249 § 8.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.580 Retailers to post list of fireworks. Retailers required to be licensed under this chapter shall post prominently at each retail outlet a list of the fireworks that may be sold to the public in this state pursuant to this chapter. The posted list shall be in a form approved by the chief of the Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the director of fire protection, shall make available the list. [1995 c 369 § 58; 1986 c 266 § 118; 1984 c 249 § 9.] Effective date -1995 c 369: See note following RCW 43.43.930. Severability -1986 c 266: See note following RCW 38.52.005. 70.77.900 Effective date -1961 c 228. This act shall take effect on January 1, 1962. [1961 c 228 § 90.] 70.77.910 Severability -1961 c 228. 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. [1961 c 228 § 91.] 70.77.911 Severability -1982 c 230. 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. [1982 c 230 § 45.] 70.77.912 Severability -1984 c 249. 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. [1984 c 249 § 41.] Chapter 70.79 BOILERS AND UNFIRED PRESSURE VESSELS Sections 70.79.010 Board of boiler rules—Members—Terms—Meetings. 70.79.020 Compensation and travel expenses. 70.79.030 Duties of board—Make definitions, rules and regulations— Boiler construction code. 70.79.040 Rules and regulations—Scope. 70.79.050 Rules and regulations—Effect. 70.79.060 Construction, installation must conform to rules -Special installation and operating permits. 70.79.070 Existing installations --Conformance required—Miniature hobby boilers. 70.79.080 Exemptions from chapter. [Title 70 RCW—page 1281 (1998 611-1