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"FIREWORKS" is repealed except as to 8.24.080 entitled "PUBLIC DISPLAY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"
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.)
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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