HomeMy WebLinkAboutCOW 2009-06-08 Item 4B - Permit - Fireworks for Family 4th Event COUNCIL AGENDA SYNOPSIS
rz �y Initials ITEM NO.
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ITEM INFORMATION
I CAS number 09-077 I ORIGINAL AGENDA DATE: JUNE 8, 2009
AG ITENI TITLE Fireworks Permit for City's Family Fourth at the Fort event.
C.\•I..(.ORY Dis usjion Motion Resolution Ordinance Bid Award Public Hearing Other
lltg Date 06/08/09 111g Date 06/15/09 Altg Date tlltg Date it itg Date Altg Date dltg Date
(SPONSOR E Conrail Major _A dm Svcs E DCD Finance Fire Legal P&R Police 1 I P117
SP( )NSOR'S This is the public display permit for the City Sponsored Fireworks show at the Starfire
SU`IMI.\RY Sports complex for July 4, 2009. This is the same pyrotechnician who has done the show
for the City since the City took over the sponsorship of this event.
RI \'IlWI,D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 6/2/09
RECOMMENDATIONS:
SPONSOR /ADMIN• Consideration of Permit application
COMMITrim', Unanimous Approval; forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE RI ;OuIRI ;D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Continents:
MTG. DATE RECORD OF COUNCIL ACTION
06/08/09
I
I
I MTG. DATE ATTACHMENTS
06/08/09 Informational Memorandums dated 5/28/09
Fireworks Permit Conditions
Two Site Maps
Tukwila Municipal Code Section 8.12
RCW references to the State Fireworks Law
Minutes from the Finance and Safety Committee meeting of 6/2/09
IILA 1,1,
Ail qs
a�y City of Tukwila
Jim Haggerton, Mayor
4. 90;
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Don Tomaso, Fire Marshal
DATE: May 28, 2009
SUBJECT: Tukwila's Family Fourth event on July 4, 2009
ISSUE
The City has received an application for public fire works display at Starfire sports complex in
conjunction with the City sponsored Tukwila's Family Fourth Event. The event is held in the
northwest corner of the complex, with the fireworks being discharged from the northeast corner
of the complex.
BACKGROUND
Tukwila Municipal Code 8.12.20 regulates Fireworks within the City in addition to RCW 70.77.
TMC requires that the City Council approve all Public Displays under TMC 8.12.20.b.
The application was received more than 14 days prior to the proposed display and has been
investigated by the Fire Marshal's Office and found to comply with the requirements listed in
RCW 70.77. This will be the seventh year we have had displays at this location with the same
pyrotechnician.
Given the location of the display, the Fire Marshal's office will require the same safety conditions
as in previous years to mitigate potential fallout and crowd control issues. In addition, this year
we will require two additional fire watch personnel to be on the new Seattle Sounder FC sports
turf field.
ANALYSIS
This event has been very successful for the City and citizens that attended with attendance
increasing each year. There have been no major emergency events in previous years in regard
to fire or aid calls. We have experienced the normal type of minor fire and aid calls typical for
crowds of this size. The one new concern this year is with the newly configured Sounder FC
practice fields in the North end of the complex. We will add two additional fire watch personnel
to ensure that any fireworks debris that falls on the field will be dealt with promptly.
RECOMMENDATION
Approve the proposed public fireworks display and forward this to the Council agenda for
June 8, 2009 and June 15, 2009.
ATTACHMENTS
A copy of the condition's letter and a site map is attached for reference as well as a copy of
TMC 8.12, RCW 70.77.255, 70.77.260, and 70.77.280 through 70.77.295.
f C ity of f Tukwila Jizn Haggerton, Mayor
j ai
ti) A/ 2 Fire Department Nicholas J. Olivas, Fire Chief
1908
Date: May 28, 2009
To: Chief Olivas
From: B/C Tomaso
Re: Public Fire Works Display Permit
I have reviewed the permit application information provided by Mr. Tom Whitacre, who
has applied for the permit for a public fireworks display at the Starfire Sports Complex,
14600 Starfire Way. Mr. Whitacre is a licensed Pyrotechnic Operator with the State of
Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The State
Department of licensing also licenses Mr. Whitacre to transport fire works.
The display will be held in conjunction with the City's planned event on the 4 of July,
"Family Fun at the Fort", being organized by the Parks and Recreation Department. This
will be a 35 to 40 minute show starting at approximately 2200 hours. The fireworks will
be transported to the site in the AM of July 4 and will be under the required supervision
until they are discharged. The mortar tubes and other equipment will be brought to the
location on July 2 3
The application was reviewed to WAC 212 -17 and accepted industry standards, and I
find everything is within these guidelines.
I do have some concerns this year regarding the railroad right of way, Seattle
Sounders FC practice fields and the limited access this allows. In addition, a portion of
the fallout area includes a portion of a commercial property within the City of Renton. I
have contacted Renton Fire Officials and have not received a response at the time of
this memo. Last year the Renton Fire Marshal approved our plan, which is the same as
in previous years.
Crowd control can be a potential issue, as the crowd that assembles to watch the fire
works show has increased each and every year. Last year the traffic leaving the site
was managed with the available Tukwila Police on site and available patrol units. To
mitigate these issues I believe the following measures should be done:
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
City of Tukwila
Page 2
Stage two fire apparatus at the site: one apparatus on each side of the Railroad right
of way. Apparatus shall be out of service during the display and for 30 minutes
following the display.
Stage two firefighters in the Seattle Sounder FC practice fields as fire watch personnel
with portable extinguishers and garden hoses supplied by Starfire staff.
Have Tukwila Police provide crowd control during the public display. A minimum of 4
officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave
intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to
respond to the site if requested.)
Comply with Fire Works Permit Conditions attached.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
qtr 0 Citv of Tukwila Jim Haggerton, Mayor
to iSI Fire Department Nicholas J. Olivas, Fire Chief
FIREWORKS PERMIT CONDITIONS
To: Mr. Tom Whitacre
From: B /C. Tomaso
Re: July 4th Fireworks display
Date: May 28, 2009
1. Notify Washington State Patrol, Contact Lt. Bill Gardner at 425 649 -4658.
2. Notify FAA specialist, Ted Melland at 425 227 -2536 or 425 227 -2500.
3. Notify BNSF railroad resources at 1- 800 832 -5452, 2 hours prior to display time.
4. Establish Safety perimeter a minimum of 30 minutes prior to display start.
5. Have discharge monitors in visible uniform clothing.
6. No Pyrotechnics to be brought to site prior to the day of the display.
7. All personnel inside the safety perimeter shall use Personnel Protective equipment as
outlined in NFPA 1123.
8. Only Pyrotechnician's and Fire Watch personnel will be within the safety perimeter.
9. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from
transport vehicle. (2A 20 BC Minimum Size)
10.4 Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of
the display for crowd control and shall remain for a minimum of 30 minutes past the end
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
City of Tukwila
Page 2
of the display or the crowd disperses. (2 additional Tukwila Police officers shall be
available to respond to the site if requested.)
11. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic
shells.
12.Tukwila Fire Department shall inspect all static displays upon completion of set up.
13. Two Tukwila Fire Department apparatus shall be on location prior to the start of the
display. (One will be an overtime staffed Engine)
14.Two additional overtime firefighters will be the designated fire watch personnel assigned
to the Seattle Sounder FC practice fields.
15.Any breech of the safety perimeter shall suspend the display until the perimeter is
cleared and re established.
16. Upon completion of the display, the fallout area shall be checked for unexploded shells.
Cleaning of debris, if not practical on the night of the event, shall be at first light the next
day.
17. No combustible materials shall be stored inside the safety perimeter.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
Fire Works Discharge and
Restricted Area
Starfire Fort Dent Park Aerial Map
TITLE 8 PUBLIC PEACE, MORALS AND SAFETY
Chapter 8.12 e. The fee for a public display shall be
FIREWORKS X100
f. Permits granted shall be in effect for
the specified single event, date and time specified in
Sections: the permit. Such permit shall not be transferable.
8.12.010 Sale of Fireworks Prohibited g. Any applicant who feels he /she has
8.12.020 Ban on Fireworks Discharge been denied a permit for reasons other than those set
8.12.030 Fireworks Discharge, Enforcement Authority forth in this section, is entitled to appeal the written
8.12.040 Fireworks Discharge, Penalties decision in accordance with procedures set forth in
TMC 8.45.060 relating to appeals from notice and
orders.
8.12.010 Sale of Fireworks Prohibited
No person, firm or corporation shall manufacture,
sell, or store fireworks in the City of Tukwila, except 8.12.030 Fireworks Discharge, Enforcement Authority
that a person granted a permit for a public display of The Chief of Police and Fire Marshal are both
fireworks shall be allowed to buy, possess and store directed to administer and enforce the provisions of this
fireworks according to the permit granted. chapter. Upon request by the Chief of Police or the
Fire Marshal, all other City departments and divisions
are authorized to assist them in enforcing this Chapter
8.12.020 Ban on Fireworks Discharge
No person or persons shall ignite, explode or
discharge any fireworks or firecrackers within the city 8.12.040 Fireworks Discharge, Penalties
limits of Tukwila, except as provided below: Any person who violates any portion of this
1. Use by a group or individual for religious or ordinance shall be subject to having their fireworks
other specific purposes on an approved date an confiscated as provided for in RCW 70.77.435, and
approved location pursuant to a permit issued pursuant shall be guilty of a civil violation and penalty as
to RCW 70.77.311. provided in TMC Chapter 8.45.
2. Use of trick and novelty devices as defined 17h 43 19 9 6
in WAC 212.17.030, and use of agricultural and
wildlife fireworks as defined in WAC 212.17.045.
3. Public Display of Fireworks
a. "Public displays of fireworks" are
defined as an entertainment feature where the public is
admitted or permitted to view the display or discharge
of fireworks.
b. Public displays of fireworks shall be
allowed pursuant to the definitions and permit
provisions found in RCW 70.77.255, 70.77.260 (2),
70.77.280 through 70.77.295, and City requirements
in TMC 8.12.020 -3.c, 3.d 3.e below.
c. Applications for public display of
fireworks shall be made in writing at least 14 days
before the proposed display. The Fire Marshal shall
investigate the safety, supervision, responsibility and
preparation for the display, and shall report to the City
Council those findings.
d. The City Council shall review all
permit applications for a public display of fireworks,
and shall have the power, based upon the finding of
their investigation, to grant or deny any application for
a permit, or to subject the same to such reasonable
conditions, if any, as they shall prescribe. Said decision
to grant, deny, or grant subject to conditions shall be in
writing with findings and conclusions provided therein
in support of the City Council's decision.
Printed July 2006 Page 8 -13
70.76.110 Title 70 RCW: Public Health and Safety
exceed one thousand dollars for each violation in the case of 7037.381 Wholesalers and retailers Liability insurance requirements.
70.77.386 Retailers— Purchase from licensed wholesalers.
a first offense. Manufacturers who are repeat violators are 70.77.395 Dates and times consumer fireworks may be sold or dis-
subject to a civil penalty not to exceed five thousand dollars charged —Local governments may limit, prohibit sale or dis-
for each repeat offense. Penalties collected under this section charge of fireworks.
70.77.401 Sale of certain fireworks prohibited.
must be deposited in the state toxics control account created 70.77.405 Authorized sales of toy caps, tricks, and novelties.
in RCW 70.105D.070. [2007 c 65 111 70.77.410 Public displays not to be hazardous.
70.77.415 Supervision of public displays.
70.77.420 Permanent storage permit required— Application— Investiga-
70.76.110 Rules. The department may adopt rules to tion —Grant or denial— Conditions.
fully implement this chapter. [2007 c 65 12.] 70.77.425 Approved permanent storage facilities required.
70.77.430 Sale of stock after revocation or expiration of license.
70.77.435 Seizure of fireworks.
Chapter 70.77 RCW 70 Seizure of fireworks—Proceedings for forfeiture—Disposal of
p confiscated fireworks.
STATE FIREWORKS LAW 70.77.450 Examination, inspection of books and premises.
70.77.455 Licensees to maintain and make available complete records
Sections Exemption from public records act.
70.77.460 Reports, payments deemed made when filed or paid or date
70.77.111 Intent. mailed.
70.77.120 Definitions —To govern chapter. 70.77.480 Prohibited transfers of fireworks.
70.77.124 Definitions— "City." 70.77.485 Unlawful possession of fireworks— Penalties.
70.77.126 Definitions "Fireworks." 70.77.488 Unlawful discharge or use of fireworks Penalty.
70.77.131 Definitions "Display fireworks." 70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc.
70.77.136 Definitions "Consumer fireworks." 70.77.510 Unlawful sales or transfers of display fireworks Penalty.
70.77.138 Definitions— "Articles pyrotechnic." 70.77.515 Unlawful sales or transfers of consumer fireworks Penalty.
70.77.141 Defmitions "Agricultural and wildlife fireworks." 70.77.517 Unlawful transportation of fireworks— Penalty.
70.77.146 Definitions "Special effects." 70.77.520 Unlawful to permit fire nuisance where fireworks kept —Pen-
70.77.160 Definitions "Public display of fireworks." alty.
70.77.165 Definitions —"Fire nuisance." 70.77.525 Manufacture or sale of fireworks for out -of -state shipment.
70.77.170 Definitions "License." 70.77.530 Nonprohibited acts Signal purposes, forest protection.
70.77.175 Definitions "Licensee." 70.77.535 Articles pyrotechnic, special effects for entertainment media.
70.77.177 Definitions— "Local fire official." 70.77.540 Penalty.
70.77.180 Definitions "Permit." 70.77.545 Violation a separate, continuing offense.
70.77.182 Definitions— "Permittee." 70.77.547 Civil enforcement not precluded.
70.77.190 Definitions "Person." 70.77.548 Attorney general may institute civil proceedings— Venue.
70.77.200 Definitions— "Importer." 70.77.549 Civil penalty—Costs.
70.77.205 Definitions "Manufacturer." 70.77.550 Short title.
70.77.210 Definitions "Wholesaler." 70.77.555 Local permit and license fees Limits.
70.77.215 Definitions— "Retailer." p
70.77.575 Chief of the Washington state patrol to provide list of con
70.77230 Definitions "Pyrotechnic operator."
70.77.236 Definitions "New fireworks item." surer fireworks that may be sold to the public.
70.77.241 Definitions "Permanent storage "Temporary storage." 70.77.580 Retailers to post list of consumer fireworks.
70.77.250 Chief of the Washington state patrol to enforce and adminis- 70.77.900 Effective date -1961 c 228.
ter Powers and duties. 70.77.910 Severability -1961 c 228.
70.77.252 Civil penalty— Notice Remission, mitigation, review. 70.77.911 Severability-1982 c 230.
70.77.255 Acts prohibited without appropriate licenses and permits— 70.77.912 Severability-1984 c 249.
Minimum age for license or permit—Activities permitted State building code: Chapter 19.27 RCW.
without license or permit.
70.77.260 Application for permit.
70.77.265 Investigation, report on permit application. 70.77.111 Intent. The legislature declares that fire-
70.77.270 Governing body to grant permits—Statewide standards —Lia-
works, when purchased and used in compliance with the laws
bility insurance.
P P
70.77.280 Public display permit Investigation Governing body to of the state of Washington, are legal. The legislature intends
grant— Conditions. that this chapter is regulatory only, and not prohibitory.
70.77.285 Public display permit—Bond or insurance for liability. [1995 C 61 1.]
70.77.290 Public display permit Granted for exclusive purpose.
70.77.295 Public display permit Amount of bond or insurance. Severability-1995 c 61: "If any provision of this act or its application
70.77.305 Chief of the Washington state patrol to issue licenses— Regis- to any person or circumstance is held invalid, the remainder of the act or the
tration of in -state agents. application of the provision to other persons or circumstances is not
70.77.311 Exemptions from licensing— Purchase of certain agricultural
affected." c 1995 61 32.
and wildlife fireworks by government agencies Purchase 32.]
of consumer fireworks by religious or private organizations. Effective date -1995 c 61: "This act is necessary for the immediate
70.77.315 Application for license. preservation of the public peace, health, or safety, or support of the state gov-
70.77.320 Application for license to be signed. ernment and its existing public institutions, and shall take effect immediately
70.77.325 Annual application for a license— Dates. [April 17, 1995]." [1995 c 61 33.]
70.77.330 License to engage in particular act to be issued if not contrary
to public safety or welfare— Transportation of fireworks
authorized. 70.77.120 Definitions —To govern chapter. The defi-
70.77.335 License authorizes activities of sellers, authorized representa-
tives, employees. nitions set forth in this chapter shall govern the construction
70.77.340 Annual license fees. of this chapter, unless the context otherwise requires. [1961
70.77.343 License fees Additional. c 228 1.]
70.77.345 Duration of licenses and retail fireworks sales permits.
70.77.355 General license for public display —Surety bond or insur-
ance— Filing of license certificate with local permit applica- 70.77.124 Definitions City." "City" means any
tion.
70.77.360 Denial of license for material misrepresentation or if contrary incorporated city or town. 1995 c 61 2; 1994 c 133 2.]
to public safety or welfare. Severability— Effective date -1995 c 61: See notes following RCW
70.77.365 Denial of license for failure to meet qualifications or condi- 70 77,111.
tions.
70.77.370 Hearing on denial of license. Severability— Effective date -1994 c 133: See notes following RCW
70.77.375 Revocation of license. 70.77.146.
[Title 70 RCW —page 148] (2008 Ed.)
State Fireworks Law 70.77.170
70.77.126 Definitions "Fireworks." "Fireworks" 70.77.141 Definitions "Agricultural and wildlife
means any composition or device designed to produce a visi- fireworks." "Agricultural and wildlife fireworks" includes
ble or audible effect by combustion, deflagration, or detona- fireworks devices distributed to farmers, ranchers, and grow
tion, and which meets the definition of articles pyrotechnic or ers through a wildlife management program administered by
consumer fireworks or display fireworks. [2002 c 370 4; the United States department of the interior or an equivalent
1995 c 61 3; 1984 c 249 1; 1982 c 230 1.] state or local governmental agency. [2002 c 370 8; 1982 c
Severability-2002 c 370: "If any provision of this act or its applica- 230 4.]
tion to any person or circumstance is held invalid, the remainder of the act or Severability-2002 c 370: See note following RCW 70.77.126.
the application of the provision to other persons or circumstances is not
affected." [2002 c 370 50.]
Severability— Effective date -1995 c 61: See notes following RCW 70.77.146 Definitions "Special effects." "Special
70.77.111. effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the
70.77.131 Definitions "Display fireworks." "Dis- oxygen of the atmosphere, and designed and intended to pro
play fireworks" means large fireworks designed primarily to duce an audible, visual, mechanical, or thermal effect as an
produce visible or audible effects by combustion, deflagra- integral part of a motion picture, radio, television, theatrical,
tion, or detonation and includes, but is not limited to, salutes or opera production, or live entertainment. [1995 c 61 8;
containing more than 2 grains (130 mg) of explosive materi- 1994 c 133 1; 1984 c 249 4; 1982 c 230 5.]
als, aerial shells containing more than 40 grams of pyrotech- Severability— Effective date -1995 c 61: See notes following RCW
nic compositions, and other display pieces which exceed the 70.77.111.
limits of explosive materials for classification as "consumer Severability-1994 c 133: "If any provision of this act or its applica-
fireworks" and are classified as fireworks UNO333, UNO334, lion 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
or UNO335 by the United States department of transportation affected." [1994 c 133 17.]
at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including Effective date -1994 c 133: "This act is necessary for the immediate
fused setpieces containing components which exceed 50 mg preservation of the public peace, health, or safety, or support of the state gov-
of salute powder. [2002 c 370 5; 1995 c 61 4; 1984 c 249 ernment and its existing public institutions, and shall take effect immediately
2; 1982 c 230 2.] [March 28, 1994]." [1994 c 133 18.]
Severability-2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW 70.77.160 Definitions— "Public display of fire
g
70.77.111. works." "Public display of fireworks" means an entertain-
ment feature where the public is or could be admitted or
70.77.136 Definitions Consumer fireworks." allowed to view the display or discharge of display fireworks.
"Consumer fireworks" means any small firework device [2002 c 370 9; 1997 c 182 1; 1982 c 230 6; 1961 c 228
designed to produce visible effects by combustion and which 9.]
must comply with the construction, chemical composition, Severability -2002 c 370: See note following RCW 70.77.126.
and labeling regulations of the United States consumer prod- Severability -1997 c 182: "If any provision of this act or its applica-
uct safety commission, as set forth in 16 C.F.R. Parts 1500 tion 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
and 1507 and including some small devices designed to pro- affected." [1997 c 182 26.]
duce audible effects, such as whistling devices, ground Effective date -1997 c 182: This act is necessary for the immediate
devices containing 50 mg or less of explosive materials, and preservation of the public peace, health, or safety, or support of the state gov-
aerial devices containing 130 mg or less of explosive materi- ernment and its existing public institutions, and takes effect immediately
als and classified as fireworks UNO336 by the United States [April 23, 1997]." [1997 c 182 27.]
department of transportation at 49 C.F.R. Sec. 172.101 as of
June 13, 2002, and not including fused setpieces containing 70.77.165 Definitions "Fire nuisance." "Fire nui-
components which together exceed 50 mg of salute powder. sance" means anything or any act which increases, or may
[2002 c 370 6; 1995 c 61 5; 1984 c 249 3; 1982 c 230 cause an increase of, the hazard or menace of fire to a greater
3.] degree than customarily recognized as normal by persons in
Severability-2002 c 370: See note following RCW 70.77.126. the public service of preventing, suppressing, or extinguish
Severability— Effective date -1995 c 61: See notes following RCW ing fire; or which may obstruct, delay, or hinder, or may
70.77.111. become the cause of any obstruction, delay, or a hindrance to
the prevention or extinguishment of fire. [1961 c 228 10.]
70.77.138 Definitions "Articles pyrotechnic."
"Articles pyrotechnic" means pyrotechnic devices for profes- 70.77.170 Definitions "License." "License" means a
sional use similar to consumer fireworks in chemical compo- nontransferable formal authorization which the chief of the
sition and construction but not intended for consumer use Washington state patrol, through the director of fire protec-
which meet the weight limits for consumer fireworks but tion, is authorized to issue under this chapter to allow a per
which are not labeled as such and which are classified as son to engage in the act specifically designated therein.
UN0431 or UN0432 by the United States depatttuent of [2002 c 370 10; 1995 c 369 44; 1986 c 266 99; 1982 c
transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002. 230 7; 1961 c 228 11.]
[2002 c 370 7.] Severability -2002 c 370: See note following RCW 70.77.126.
Severability -2002 c 370: See note following RCW 70.77.126. Effective date -1995 c 369: See note following RCW 43.43.930.
(2008 Ed.) [Title 70 RCW page 149]
70.77.175 Title 70 RCW: Public Health and Safety
Severability-1986 c 266: See note following RCW 38.52.005. Severability -2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.175 Definitions "Licensee." "Licensee" 70.77.111.
means any person issued a fireworks license in conformance
with this chapter. [2002 c 370 11; 1961 c 228 12.] 70.77.210 Definitions "Wholesaler." "Wholesaler"
Severability-2002 c 370: See note following RCW 70.77.126. includes any person who sells fireworks to a retailer or any
other person for resale and any person who sells display fire
70.77.177 Definitions "Local fire official." "Local works to public display licensees. [2002 c 370 15; 1982 c
fire official" means the chief of a local fire department or a 230 9; 1961 c 228 19.]
chief fire protection officer or such other person as may be Severability-2002 c 370: See note following RCW 70.77.126.
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.] 70.77.215 Definitions "Retailer." "Retailer"
includes any person who, at a fixed location or place of busi-
Severability— Effective date -1994 c 133: See notes following RCW ness, offers for sale, sells or exchanges for consideration
70.77.146.
consumer fireworks to a consumer or user. [2002 c 370 16;
70.77.180 Definitions "Permit." "Permit" means the 1982 c 230 10; 1961 c 228 20.]
official authorization granted by a city or county for the pur- Severability -2002 c 370: See note following RCW 70.77.126.
pose of establishing and maintaining a place within the juris-
diction of the city or county where fireworks are manufac- 70.77.230 Definitions "Pyrotechnic operator."
tured, constructed, produced, packaged, stored, sold, or "Pyrotechnic operator" includes any individual who by expe-
exchanged and the official authorization granted by a city or rience and training has demonstrated the required skill and
county for a public display of fireworks. [2002 c 370 12; ability for safely setting up and discharging display fire
1995 c 61 9; 1984 c 249 5; 1982 c 230 8; 1961 c 228 works. [2002 c 370 17; 1982 c 230 11; 1961 c 228 23.]
13.] Severability-2002 c 370: See note following RCW 70.77.126.
Severability-2002 c 370: See note following RCW 70.77.126.
Severability— Effective date--1995 c 61: See notes following RCW 70.77.236 Definitions "New fireworks item." (1)
70.77.111.
"New fireworks item" means any fireworks initially classi-
70.77.182 Definitions— "Permittee." "Permittee" fied or reclassified as articles pyrotechnic, display fireworks,
means any person issued a fireworks permit in conformance or consumer fireworks by the United States depailment of
with this chapter. [2002 c 370 13.] transportation after June 13, 2002, and which comply with
the construction, chemical composition, and Iabeling regula-
Severability -2002 c 370: See note following RCW 70.77.126. tions of the United States consumer products safety commis-
sion, 16 C.F.R., Parts 1500 and 1507.
70.77.190 Definitions "Person." "Person" includes (2) The chief of the Washington state patrol, through the
any individual, firm, partnership, joint venture, association, director of fire protection, shall classify any new fireworks
concern, corporation, estate, trust, business trust, receiver, item in the same manner as the item is classified by the
syndicate, or any other group or combination acting as a unit. United States department of transportation and the United
[1961 c 228 15.] States consumer product safety commission. The chief of the
Washington state patrol, through the director of fire protec-
70.77.200 Definitions "Importer." "Importer" lion, may determine, stating reasonable grounds, that the item
includes any person who for any purpose other than personal should not be so classified. [2002 c 370 18; 1997 c 182 4;
use: 1995 c 61 6.]
(1) Brings fireworks into this state or causes fireworks to Severability-2002 c 370: See note following RCW 70.77.126.
be brought into this state;
(2) Procures the delivery or receives shipments of any Severability— Effective date -1997 c 182: See notes following RCW
70.77.160.
fireworks into this state; or
(3) Buys or contracts to buy fireworks for shipment into Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
this state. [1995 c 61 10; 1961 c 228 17.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111. 70.77.241 Definitions "Permanent storage"
"Temporary storage." (1) "Permanent storage" means stor-
70.77.205 Definitions "Manufacturer." Ivianufac- age of display fireworks at any time and/or storage of con
turer" includes any person who manufactures, con- gamer fireworks at any time other than the periods allowed
structs, fabricates, or produces any fireworks article or device under RCW 70.77.420(2) and 70.77.425 and which shall be
but does not include persons who assemble or fabricate sets compliance with the requirements of chapter 70.74 RCW.
or mechanical pieces in public displays of fireworks or per- (2) "Temporary storage" means the storage of consumer
sons who assemble consumer fireworks items or sets or pack- fireworks during the periods allowed under RCW
ages containing consumer fireworks items. [2002 c 370 14; 70.77.420(2) and 70.77.425. [2002 c 370 34.]
1995 c 61 11; 1961 c 228 18.] Severability -2002 c 370: See note following RCW 70.77.126.
(Title 70 RCW —page 1501 (2008 Ed.)
State Fireworks Law 70.77.255
70.77.250 Chief of the Washington state patrol to (2) Within fourteen days after the notice is received, the
enforce and administer— Powers and duties. (1) The chief person incurring the penalty may apply in writing to the chief
of the Washington state patrol, through the director of fire of the Washington state patrol, through the director of fire
protection, shall enforce and administer this chapter. protection, for the remission or mitigation of the penalty.
(2) The chief of the Washington state patrol, through the Upon receipt of the application, the chief of the Washington
director of fire protection, shall appoint such deputies and state patrol, through the director of fire protection, may remit
employees as may be necessary and required to carry out the or mitigate the penalty upon whatever terms the chief of the
provisions of this chapter. Washington state patrol, through the director of fire protec-
(3) The chief of the Washington state patrol, through the tion, deems proper, giving consideration to the degree of haz-
director of fire protection, shall adopt those rules relating to and associated with the violation. The chief of the Washing-
fireworks as are necessary for the implementation of this ton state patrol, through the director of fire protection, may
chapter. only grant a remission or mitigation that it deems to be in the
(4) The chief of the Washington state patrol, through the best interests of carrying out the purposes of this chapter. The
director of fire protection, shall adopt those rules as are nec- chief of the Washington state patrol, through the director of
essary to ensure statewide minimum standards for the fire protection, may ascertain the facts regarding all such
enforcement of this chapter. Counties and cities shall comply applications in a manner it deems proper. When an applica-
with these state rules. Any ordinances adopted by a county or tion for remission or mitigation is made, any penalty incurred
city that are more restrictive than state law shall have an under RCW 70.77.250(6) becomes due and payable twenty
effective date no sooner than one year after their adoption. eight days after receipt of the notice setting forth the disposi-
(5) The chief of the Washington state patrol, through the tion of the application, unless an application for an adjudica-
director of fire protection, may exercise the necessary police tive proceeding to contest the disposition is filed as provided
powers to enforce the criminal provisions of this chapter. in subsection (3) of this section.
This grant of police powers does not prevent any other state (3) Within twenty-eight days after notice is received, the
agency and city, county, or local government agency having person incurring the penalty may file an application for an
general law enforcement powers from enforcing this chapter adjudicative proceeding and may pursue subsequent review
within the jurisdiction of the agency and city, county, or local as provided in chapter 34.05 RCW and applicable rules of the
government. chief of the Washington state patrol, through the director of
(6) The chief of the Washington state patrol, through the fire protection.
director of fire protection, shall adopt rules necessary to (4) Any penalty imposed by final order following an
enforce the civil penalty provisions for the violations of this adjudicative proceeding becomes due and payable upon ser-
chapter. A civil penalty under this subsection may not exceed vice of the final order.
one thousand dollars per day for each violation and is subject (5) The attorney general may bring an action in the name
to the procedural requirements under RCW 70.77.252. of the chief of the Washington state patrol, through the direc-
(7) The chief of the Washington state patrol, through the tor of fire protection, in the superior court of Thurston county
director of fire protection, may investigate or cause to be or of any county in which the violator may do business to col
investigated all fires resulting, or suspected of resulting, from lect any penalty imposed under this chapter.
the use of fireworks. [2002 c 370 19; 1997 c 182 5. Prior: (6) All penalties imposed under this section shall be paid
1995 c 369 45; 1995 c 61 12; 1986 c 266 100; 1984 c to the state treasury and credited to the fire services trust fund
249 7; 1982 c 230 12; 1961 c 228 27.] and used as follows: At least fifty percent is for a statewide
Severability-2002 c 370: see note following RCW 70.77.126. public education campaign developed by the chief of the
Washington state patrol, through the director of fire protec-
Severability— Effective date -1997 c 182: See notes following RCW tion, and the licensed fireworks industry emphasizing the safe
70.77.160.
and responsible use of legal fireworks; and the remainder is
Effective date -1995 c 369: See note following RCW 43.43.930. for statewide efforts to enforce this chapter. [2002 c 370
Severability— Effective date -1995 c 61: See notes following RCW 20.]
70.77.111.
Severability-1986 c 266: See note following RCW 38.52.005. Severability-2002 c 370: See note following RCW 70.77.126.
70.77.252 Civil penalty—Notice—Remission, mitiga- 70.77.255 Acts prohibited without appropriate
tion, review. (1) The penalty provided for in RCW licenses and permits Minimum age for license or per
70.77.250(6) shall be imposed by a notice in writing to the mit— Activities permitted without license or permit. (1)
person against whom the civil fine is assessed and shall Except as otherwise provided in this chapter, no person, with
describe the violation with reasonable particularity. The out appropriate state licenses and city or county permits as
notice shall be personally served in the manner of service of required by this chapter may:
a summons in a civil action or in a manner which shows proof (a) Manufacture, import, possess, or sell any fireworks at
of receipt. Any penalty imposed by RCW 70.77.250(6) shall wholesale or retail for any use;
become due and payable twenty-eight days after receipt of (b) Make a public display of fireworks;
notice unless application for remission or mitigation is made (c) Transport fireworks, except as a licensee or as a pub
as provided in subsection (2) of this section or unless applica- lic carrier delivering to a licensee; or
tion for an adjudicative proceeding is filed as provided in (d) Knowingly manufacture, import, transport, store,
subsection (3) of this section. sell, or possess with intent to sell, as fireworks, explosives, as
(2008 Ed.) [Title 70 RCW —page 1511
70.77.260 Title 70 RCW: Public Health and Safety
defined under RCW 70.74.010, that are not fireworks, as porary storage of fireworks associated with the retail fire
defined under this chapter. works stands. All cities and counties which allow retail fire
(2) Except as authorized by a license and permit under works sales shall comply with these standards.
subsection (1)(b) of this section or as provided in RCW (3) No retail fireworks permit may be issued to any
70.77.311, no person may discharge display fireworks at any applicant unless the retail fireworks stand is covered by a lia-
place. bility insurance policy with coverage of not less than fifty
(3) No person less than eighteen years of age may apply thousand dollars and five hundred thousand dollars for bodily
for or receive a license or permit under this chapter. injury liability for each person and occurrence, respectively,
(4) No license or permit is required for the possession or and not less than fifty thousand dollars for property damage
use of consumer fireworks lawfully purchased at retail. liability for each occurrence, unless such insurance is not
[2002 c 370 21; 1997 c 182 6; 1995 c 61 13; 1994 c 133 readily available from at least three approved insurance com-
4; 1984 c 249 10; 1982 c 230 14; 1961 c 228 28.] panies. If insurance in this amount is not offered, each fire
Severability-2002 c 370: See note following RCW 70.77.126. works permit shall be covered by a liability insurance policy
Severability— Effective date -1997 c 182: See notes following RCW in the maximum amount offered by at least three different
70.77.160. approved insurance companies.
Severability— Effective date -1995 c 61: See notes following RCW No wholesaler may knowingly sell or supply fireworks
70.77.111. to any retail fireworks licensee unless the wholesaler deter
Severability— Effective date -1994 c 133: See notes following RCW mines that the retail fireworks licensee is covered by liability
70.77.146. insurance in the same, or greater, amount as provided in this
subsection. [2002 c 370 22; 1997 c 182 8; 1995 c 61 14;
70.77.260 Application for permit. (1) Any person 1994 c 133 6; 1984 c 249 13; 1961 c 228 31.]
desiring to do any act mentioned in RCW 70.77.255(1) (a) or Severability -2002 c 370: See note following RCW 70.77.126.
(c) shall apply in writing to a local fire official for a permit. Severability— Effective date -1997 c 182: See notes following RCW
(2) Any person desiring to put on a public display of fire- 70.77.160.
works under RCW 70.77.255(1)(b) shall apply in writing to a Severability— Effective date -1995 c 61: See notes following RCW
local fire official for a permit. Application shall be made at 70.77.111.
least ten days in advance of the proposed display. [1984 c Severability— Effective date -1994 c 133: See notes following RCW
249 11; 1982 c 230 15; 1961 c 228 29.] 70.77.146.
General license holders to file license certificate with application for permit
for public display offireworks: RCW 70.77.355. 70.77.280 Public display permit— Investigation—
Governing body to grant Conditions. The local fire offi
70.77.265 Investigation, report on permit applica- cial receiving an application for a permit under RCW
tion. The local fire official receiving an application for a per- 70.77.260(2) for a public display of fireworks shall investi-
mit under RCW 70.77.260(1) shall investigate the application gate whether the character and location of the display as pro
and submit a report of findings and a recommendation for or posed would be hazardous to property or dangerous to any
against the issuance of the permit, together with reasons, to person. Based on the investigation, the official shall submit a
the governing body of the city or county. [1994 c 133 5; report of findings and a recommendation for or against the
1984 c 249 12; 1961 c 228 30.] issuance of the permit, together with reasons, to the govern-
Severability—Effective date -1994 c 133: See notes following RCW ing body of the city or county. The governing body shall
70.77.146. grant the application if it meets the requirements of this chap-
ter and the ordinance of the city or county. [1995 c 61 15;
70.77.270 Governing body to grant permits State- 1994 c 133 7; 1984 c 249 14; 1961 c 228 33.]
wide standards Liability insurance. (1) The governing Severability— Effective date -1995 c 61: See notes following RCW
body of a city or county, or a designee, shall grant an applica- 70.77.111.
tion for a permit under RCW 70.77.260(1) if the application Severability— Effective date -1994 c 133: See notes following RCW
meets the standards under this chapter, and the applicable 70.77.146.
ordinances of the city or county. The permit shall be granted
by June 10, or no less than thirty days after receipt of an 70.77.285 Public display permit —Bond or insurance
application whichever date occurs first, for sales commenc- for liability. Except as provided in RCW 70.77.355, the
ing on June 28 and on December 27; or by December 10, or applicant for a permit under RCW 70.77.260(2) for a public
no less than thirty days after receipt of an application which- display of fireworks shall include with the application evi-
ever date occurs first, for sales commencing only on Decem- dence of a bond issued by an authorized surety company. The
ber 27. bond shall be in the amount required by RCW 70.77.295 and
(2) The chief of the Washington state patrol, through the shall be conditioned upon the applicant's payment of all dam
director of fire protection, shall prescribe uniform, statewide ages to persons or property resulting from or caused by such
standards for retail fireworks stands including, but not limited public display of fireworks, or any negligence on the part of
to, the location of the stands, setback requirements and siting the applicant of its agents, servants, employees, or subcon-
of the stands, types of buildings and construction material tractors in the presentation of the display. Instead of a bond,
that may be used for the stands, use of the stands and areas the applicant may include a certificate of insurance evidenc-
around the stands, cleanup of the area around the stands, ing the carrying of appropriate liability insurance in the
transportation of fireworks to and from the stands, and tem- amount required by RCW 70.77.295 for the benefit of the
(Title 70 RCW —page 1521 (2008 Ed.)
State Fireworks Law 70.77.325
person named therein as assured, as evidence of ability to (c) It is of no greater quantity than necessary to control
respond in damages. The local fire official receiving the the described problem; and
application shall approve the bond or insurance if it meets the (d) It is limited to situations where other means of con
requirements of this section. [1995 c 61 16; 1984 c 249 trol are unavailable or inadequate.
15; 1982 c 230 16; 1961 c 228 34.] (2) No license is required for religious organizations or
Severability Effective date -1995 c 61: See notes following RCW private organisations or persons to purchase or use consumer
70.77.111. fireworks and such audible ground devices as firecrackers,
salutes, and chasers if:
(a) Purchased from a licensed manufacturer, importer, or
70.77.290 Public display permit Granted for exclu- wholesaler;
sive purpose. If a permit under RCW 70.77.260(2) for the (b) For use on prescribed dates and locations;
public display of fireworks is granted, the sale, possession (c) For religious or specific purposes; and
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 (d) A permit is obtained from the local fire official. No
fee may be charged for this permit. [2002 c 370 24; 1995 c
,5.] 61 17; 1984 c 249 19; 1982 c 230 19.]
Severability— Effective date -1997 c 182: See notes following RCW Severability-2002 c 370: See note following RCW 70.77.126.
70.77.160.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.295 Public display permit Amount of bond or
insurance. In the case of an application for a permit under 70.77.315 Application for license. Any person who
RCW 70.77.260(2) for the public display of fireworks, the desires to engage in the manufacture, importation, sale, or use
amount of the surety bond or certificate of insurance required of fireworks, except use as provided in RCW 70.77.255(4),
under RCW 70.77.285 shall be not less than fifty thousand 70.77.311, and 70.77.395, shall make a written application to
dollars and one million dollars for bodily injury liability for the chief of the Washington state patrol, through the director
each person and event, respectively, and not less than twenty- of fire protection, on forms provided by him or her. Such
five thousand dollars for property damage liability for each application shall be accompanied by the annual license fee as
event. [1984 c 249 17; 1982 c 230 17; 1961 c 228 36.] prescribed in this chapter. [2002 c 370 25; 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.]
70.77.305 Chief of the Washington state patrol to Severability-2002 c 370: See note following RCW 70.77.126.
issue licenses— Registration of in -state agents. The chief
of the Washington state patrol, through the director of fire Severability— Effective date -1997 c 182: See notes following RCW
protection, has the power to issue licenses for the manufac-
70.77.160.
ture, importation, sale, and use of all fireworks in this state, Effective date -1995 c 369: See note following RCW 43.43.930.
except as provided in RCW 70.77.311 and 70.77.395. A per Severability— Effective date -1995 c 61: See notes following RCW
son may be licensed as a manufacturer, importer, or whole-
70.77.111.
saler under this chapter only if the person has a designated Severability-1986 c 266: See note following RCW 38.52.005.
agent in this state who is registered with the chief of the
Washington state patrol, through the director of fire protec- 70.77.320 Application for license to be signed. The
tion. [2002 c 370 23; 1995 c 369 46; 1986 c 266 101; application for a license shall be signed by the applicant. If
1984 c 249 18; 1982 c 230 18; 1961 c 228 38.] application is made by a partnership, it shall be signed by
each partner of the partnership, and if application is made by
Severability-2002 c 370: See note following RCW 70.77.126. a corporation, it shall be signed by an officer of the corpora
Effective date -1995 c 369: See note following RCW 43.43.930. tion and bear the seal of the corporation. [1961 c 228 41.]
Severability -1986 c 266: See note following RCW 38.52.005.
70.77.325 Annual application for a license Dates.
(1) An application for a Iicense shall be made annually by
70.77.311 Exemptions from licensing—Purchase of every person holding an existing license who wishes to con
certain agricultural and wildlife fireworks by govern- tinue the activity requiring the license during an additional
ment agencies— Purchase of consumer fireworks by reli- year. The application shall be accompanied by the annual
gious or private organizations. (1) No license is required license fees as prescribed in RCW 70.77.343 and 70.77.340.
for the purchase of agricultural and wildlife fireworks by (2) A person applying for an annual license as a retailer
government agencies if: under this chapter shall file an application no later than May
(a) The agricultural and wildlife fireworks are used for 1 for annual sales commencing on June 28 and on December
wildlife control or are distributed to farmers, ranchers, or 27, or no later than November 1 for sales commencing only
growers through a wildlife management program adminis- on December 27. The chief of the Washington state patrol,
tered by the United States department of the interior or an through the director of fire protection, shall grant or deny the
equivalent state or local governmental agency; license within fifteen days of receipt of the application.
(b) The distribution is in response to a written applica- (3) A person applying for an annual license as a manu-
tion describing the wildlife management problem that facturer, importer, or wholesaler under this chapter shall file
requires use of the devices; an application by January 31 of the current year. The chief of
(2008 Ed.) [Title 70 RCW —page 153]
70.77.330 Title 70 RCW: Public Health and Safety
the Washington state patrol, through the director of fire pro- Public display for display fireworks 40.00
tection, shall grant or deny the license within ninety days of Pyrotechnic operator for display
receipt of the application. [1997 c 182 11; 1994 c 133 8; fireworks 5.00
1991 c 135 4; 1986 c 266 103; 1984 c 249 20; 1982 c
230 21; 1961 c 228 42.] (2) All receipts from the license fees in this section shall
Severability— Effective date -1997 c 182: See notes following RCW be placed in the fire services trust fund and at least seventy-
70.77.160. five percent of these receipts shall be used to fund a statewide
Severabili.ty— Effective date -1994 c 133: See notes following RCW public education campaign developed by the chief of the
70.77.146. Washington state patrol and the licensed fireworks industry
Intent— Effective date—Severability-1991 c 135: See notes follow- emphasizing the safe and responsible use of legal fireworks
ing RCW 43.43.946. and the remaining receipts shall be used to fund statewide
Severability-1986 c 266: See note following RCW 38.52.005. enforcement efforts against the sale and use of fireworks that
are illegal under this chapter. [2002 c 370 29; 1997 c 182
70.77.330 License to engage in particular act to be 12; 1995 c 61 19; 1991 c 135 6.]
issued if not contrary to public safety or welfare— Trans- Severability-2002 c 370: See note following RCW 70.77.126.
portation of fireworks authorized. If the chief of the
Washington state patrol, through the director of fire protec- Severability— Effective date -1997 c 182: See notes following RCW
tion, finds that the granting of such license is not contrary to 70.77.160.
public safety or welfare, he or she shall issue a License autho- Severablity— Effective date -1995 c 61: See notes following RCW
70.77.111.
rizing the applicant to engage in the particular act or acts
upon the payment of the license fee specified in this chapter. Intent Effective date —Severability-1991 c 135: See notes follow
Licensees may transport the class of fireworks for which they mg RCW 43.43.946.
hold a valid license. [2002 c 370 26; 1995 c 369 48; 1986
c 266 104; 1982 c 230 22; 1961 c 228 43.] 70.77.345 Duration of licenses and retail fireworks
Severability c 370: See note following RCW 70.77.126. sales permits. Every license and every retail fireworks sales
Effective date -1995 c 369: See note following RCW 43.43.930. permit issued shall be for the period from January 1st of the
Severability-1986 c 266: See note following RCW 38.52.005.
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
70.77.335 License authorizes activities of sellers, 25; 1961 c 228 46.]
authorized representatives, employees. The authorization
to engage in the particular act or acts conferred by a license to Severability— Effective date -1997 c 182: See notes following RCW
70.77.160.
a person shall extend to sellers, authorized representatives,
and other employees of such person. [2002 c 370 27; 1982 Severability— Effective date -1995 c 61: See notes following RCW
c 230 23; 1961 c 228 44.] 70.77.111.
Severability -2002 c 370: See note following RCW 70.77.126. Intent— Effective date Severability-1991 c 135: See notes follow-
ing RCW 43.43.946.
70.77.340 Annual license fees. The original and annual
license fee shall be as follows: 70.77.355 General license for public display— Surety
bond or insurance Filing of license certificate with local
Manufacturer 500.00 permit application. (1) Any adult person may secure a gen-
Importer 100.00 eral license from the chief of the Washington state patrol,
Wholesaler 1,000.00 through the director of fire protection, for the public display
of fireworks within the state of Washington. A general
Retailer (for each separate retail license is subject to the provisions of this chapter relative to
outlet) 10.00 the securing of local permits for the public display of fire
Public display for display fireworks 10.00 works in any city or county, except that in lieu of filing the
Pyrotechnic operator for display bond or certificate of public liability insurance with the
fireworks 5.00 appropriate local official under RCW 70.77.260 as required
in RCW 70.77.285, the same bond or certificate shall be filed
[2002 c 370 28; 1982 c 230 24; 1961 c 228 45.] with the chief of the Washington state patrol, through the
Severability-2002 c 370: See note following RCW 70.77.126. director of fire protection. The bond or certificate of insur-
ance for a general license in addition shall provide that: (a)
70.77.343 License fees Additional. (1) License fees, The insurer will not cancel the insured's coverage without
in addition to the fees in RCW 70.77.340, shall be charged as fifteen days prior written notice to the chief of the Washing
follows: ton state patrol, through the director of fire protection; (b) the
duly licensed pyrotechnic operator required by law to super
Manufacturer 1,500.00 vise and discharge the public display, acting either as an
Importer 900.00 employee of the insured or as an independent contractor and
Wholesaler 1,000.00 the state of Washington, its officers, agents, employees, and
servants are included as additional insureds, but only insofar
Retailer (for each separate outlet) 30.00 as any operations under contract are concerned; and (c) the
(Title 70 RCW —page 154] (2008 Ed.)
State Fireworks Law 70.77.395
state is not responsible for any premium or assessments on (1) The licensee has violated any provisions of this chap
the policy. ter or any rule made by the chief of the Washington state
(2) The chief of the Washington state patrol, through the patrol, through the director of fire protection, under and with
director of fire protection, may issue such general licenses. the authority of this chapter;
The holder of a general license shall file a certificate from the (2) The licensee has created or caused a fire nuisance;
chief of the Washington state patrol, through the director of (3) Any licensee has failed or refused to file any required
fire protection, evidencing the license with any application reports; or
for a local permit for the public display of fireworks under (4) Any fact or condition exists which, if it had existed at
RCW 70.77.260. [1997 c 182 14; 1994 c 133 9; 1986 c the time of the original application for such license, reason
266 105; 1984 c 249 21; 1982 c 230 26; 1961 c 228 ably would have warranted the chief of the Washington state
48.] patrol, through the director of fire protection, in refusing
Severability— Effective date -1997 c 182: See notes following RCW originally to issue such license. [1997 c 182 16; 1995 c 369
70.77.60. 51; 1995 c 61 21; 1986 c 266 108; 1982 c 230 30; 1961
Severability— Effective date -1994 c 133: See notes following RCW c 228 52.]
70.77.146. Reviser's note: RCW 70.77.375 was amended twice during the 1995
Severability-1986 c 266: See note following RCW 38.52.005. legislative session, each without reference to the other. This section was sub-
sequently amended by 1997 c 182 16, combining the text of the 1995
amendments, but not reenacting those sections. Any subsequent amendments
70.77.360 Denial of license for material misrepresen- to this section should include the 1997 and both 1995 histories in a reenact
tation or if contrary to public safety or welfare. If the meat
chief of the Washington state patrol, through the director of Severability— Effective date -1997 c 182: See notes following RCW
70.77.160.
fire protection, finds that an application for any license under Effective date 1995 c 369: See note following RCW 43.43.930.
this chapter contains a material misrepresentation or that the
77.111. 70.
granting of any license would be contrary to the public safety Severability— Effective date -1995 c 61: See notes following RCW
or welfare, the chief of the Washington state patrol, through Severability -1986 c 266: See note following RCW 38.52.005.
the director of fire protection, may deny the application for
the license. [1995 c 369 49; 1986 c 266 106; 1984 c 249 70.77.381 Wholesalers and retailers Liability
22; 1982 c 230 27; 1961 c 228 49.] insurance requirements. (1) Every wholesaler shall carry
Effective date -1995 c 369: See note following RCW 43.43.930. liability insurance for each wholesale and retail fireworks
Severability-1986 c 266: See note following RCW 38.52.005. outlet it operates in the amount of not less than fifty thousand
dollars and five hundred thousand dollars for bodily injury
70.77.365 Denial of license for failure to meet qualifi- liability for each person and occurrence, respectively, and not
cations or conditions. A written report by the chief of the less than fifty thousand dollars for property damage liability
Washington state patrol, through the director of fire protec- for each occurrence, unless such insurance is not available
tion, or a local fire official, or any of their authorized repre- from at least three approved insurance companies. If insur-
sentatives, disclosing that the applicant for a license, or the ance in this amount is not offered, each wholesale and retail
premises for which a license is to apply, do not meet the quaI- outlet shall be covered by a liability insurance policy in the
ifications or conditions for a license constitutes grounds for maximum amount offered by at least three different approved
the denial by the chief of the Washington state patrol, through insurance companies.
the director of fire protection, of any application for a license. (2) No wholesaler may knowingly sell or supply fire-
[1995 c 369 50; 1986 c 266 107; 1984 c 249 23; 1982 c works to any retail licensee unless the wholesaler determines
230 28; 1961 c 228 50.] that the retail licensee carries liability insurance in the same,
Effective date -1995 c 369: See note following RCW 43.43.930. or greater, amount as provided in subsection (1) of this sec
Severability-1986 c 266: See note following RCW 38.52.005. tion. [2002 c 370 30; 1995 c 61 27.]
Severability -2002 c 370: See note following RCW 70.77.126.
70.77.370 Hearing on denial of license. Any applicant Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
who has been denied a license for reasons other than making
application after the date set forth in RCW 70.77.325 is enti- 70.77.386 Retailers— Purchase from licensed whole-
tied to a hearing in accordance with the provisions of chapter salers. Retail fireworks licensees shall purchase all fire
34.05 RCW, the Administrative Procedure Act. [1994 c 133 works from wholesalers possessing a valid wholesale license
10; 1989 c 175 129; 1982 c 230 29; 1961 c 228 51.] issued by the state of Washington. [1995 c 61 28.]
Severability— Effective date -1994 c 133: See notes following RCW Severability— Effective date -1995 c 61: See notes following RCW
70.77.146. 70.77.111.
Effective date -1989 c 175: See note following RCW 34.05.010.
70.77.395 Dates and times consumer fireworks may
70.77.375 Revocation of license. The chief of the be sold or discharged —Local governments may limit,
Washington state patrol, through the director of fire protec- prohibit sale or discharge of fireworks. (1) It is legal to sell
tion, upon reasonable opportunity to be heard, may revoke and purchase consumer fireworks within this state from
any license issued pursuant to this chapter, if he or she finds twelve o'clock noon to eleven o'clock p.m. on the twenty
that: eighth of June, from nine o'clock a.m. to eleven o'clock p.m.
(2008 Ed.) [Title 70 RCW —page 1551
70.77.401 Title 70 RCW: Public Health and Safety
on each day from the twenty -ninth of June through the fourth 70.77.420 Permanent storage permit required
of July, from nine o'clock a.m. to nine o'clock p.m. on the Application Investigation —Grant or denial— Condi-
fifth of July, from twelve o'clock noon to eleven o'clock p.m. lions. (1) It is unlawful for any person to store permanently
on each day from the twenty- seventh of December through fireworks of any class without a permit for such permanent
the thirty-first of December of each year, and as provided in storage from the city or county in which the storage is to be
RCW 70.77.311. made. A person proposing to store permanently fireworks
(2) Consumer fireworks may be used or discharged each shall apply in writing to a city or county at least ten days prior
day between the hours of twelve o'clock noon and eleven to the date of the proposed permanent storage. The city or
o'clock p.m. on the twenty- eighth of June and between the county receiving the application for a permanent storage per
hours of nine o'clock a.m. and eleven o'clock p.m. on the mit shall investigate whether the character and location of the
twenty -ninth of June to the third of July, and on July 4th permanent storage as proposed meets the requirements of the
between the hours of nine o'clock a.m. and twelve o'clock zoning, building, and fire codes or constitutes a hazard to
midnight, and between the hours of nine o'clock a.m. and property or is dangerous to any person. Based on the investi-
eleven o'clock p.m. on July 5th, and from six o'clock p.m. on gation, the city or county may grant or deny the application.
December 31st until one o'clock a.m. on January 1st of the The city or county may place reasonable conditions on any
subsequent year, and as provided in RCW 70.77.311. permit granted.
(3) A city or county may enact an ordinance within sixty (2) For the purposes of this section the temporary storing
days of June 13, 2002, to limit or prohibit the sale, purchase, or keeping of consumer fireworks when in conjunction with a
possession, or use of consumer fireworks on December 27, valid retail sales license and permit shall comply with RCW
2002, through December 31, 2002, and thereafter as provided 70.77.425 and the standards adopted under RCW
in RCW 70.77.250(4). [2002 c 370 31; 1995 c 61 22; 70.77.270(2) and not this section. [2002 c 370 35; 1997 c
1984 c 249 24; 1982 c 230 31; 1961 c 228 561 182 18; 1984 c 249 26; 1982 c 230 34; 1961 c 228 61.]
Severability-2002 c 370: See note following RCW 70.77.126. Severability-2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW Severability— Effective date -1997 c 182: See notes following RCW
70.77.111. 70.77.160.
70.77.401 Sale of certain fireworks prohibited. No 70.77.425 Approved permanent storage facilities
fireworks may be sold or offered for sale to the public as con- required. It is unlawful for any person to store permanently
sumer fireworks which are classified as sky rockets, or mis- stocks of fireworks remaining unsold after the lawful period
sile -type rockets, firecrackers, salutes, or chasers as defined of sale as provided in the person's permit except in such
by the United States department of transportation and the fed- places of permanent storage as the city or county issuing the
eral consumer products safety commission except as pro-
permit approves. Unsold stocks of consumer fireworks
vided in RCW 70.77.311. [2002 c 370 32 1995 c 61 7.] remaining after the authorized retail sales period from nine
o'clock a.m. on June 28th to twelve o'clock noon on July 5th
Severability-2002 c 370: See note following RCW 70.77.126. shall be retumed on or before July 31st of the same year, or
Severability— Effective date -1995 c 61: See notes following RCW remaining after the authorized retail sales period from twelve
70.77.111. o'clock noon on December 27th to eleven o'clock p.m. on
December 31st shall be returned on or before January 10th of
70.77.405 Authorized sales of toy caps, tricks, and the subsequent year, to the approved permanent storage facil-
novelties. Toy paper caps containing not more than twenty- ities of a licensed fireworks wholesaler or to a magazine or
five hundredths grain of explosive compound for each cap permanent storage place approved by a local fire official.
and trick or novelty devices not classified as consumer fire- [2002 c 370 36; 1984 c 249 27; 1982 c 230 35; 1961 c
works may be sold at all times unless prohibited by local 228 62.]
ordinance. [2002 c 370 33; 1982 c 230 32; 1961 c 228 Severability-2002 c 370: See note following RCW 70.77.126.
58.]
Severability-2002 c 370: See note following RCW 70.77.126. 70.77.430 Sale of stock after revocation or expiration
of license. Notwithstanding RCW 70.77.255, following the
70.77.410 Public displays not to be hazardous. All revocation or expiration of a license, a licensee in lawful pos-
public displays of fireworks shall be of such a character and session of a lawfully acquired stock of fireworks may sell
so located, discharged, or fired as not to be hazardous or dan- such fireworks, but only under supervision of the chief of the
gerous to persons or property. [1961 c 228 59.] Washington state patrol, through the director of fire protec-
tion. Any sale under this section shall be solely to persons
70.77.415 Supervision of public displays. Every pub- who are authorized to buy, possess, sell, or use such fire
lic display of fireworks shall be handled or supervised by a works. [1995 c 369 53; 1986 c 266 110; 1984 c 249 28;
pyrotechnic operator licensed by the chief of the Washington 1982 c 230 36; 1961 c 228 63.]
state patrol, through the director of fire protection, under Effective date -1995 c 369: See note following RCW 43.43.930.
RCW 70.77.255. [1995 c 369 52; 1986 c 266 109; 1984 Severability -1986 c 266: See note following RCW 38.52.005.
c 249 25; 1982 c 230 33; 1961 c 228 60.]
Effective date -1995 c 369: See note following RCW 43.43.930. 70.77.435 Seizure of fireworks. Any fireworks which
Severability-1986 a 266: See note following RCW 38.52.005. are illegally sold, offered for sale, used, discharged, pos-
[Title 70 RCW—page 156] (2008 Ed.)
State Fireworks Law 70.77.450
sensed, or transported in violation of the provisions of this nation by the administrative law judge or court that the claim
chapter or the rules or regulations of the chief of the Wash- ant is lawfully entitled to possession of the fireworks.
ington state patrol, through the director of fire protection, are (4) When fireworks are forfeited under this chapter the
subject to seizure by the chief of the Washington state patrol, chief of the Washington state patrol, through the director of
through the director of fire protection, or his or her deputy, or fire protection or the agency conducting the seizure, may:
by state agencies or local governments having general law (a) Dispose of the fireworks by summary destruction at
enforcement authority. [2002 c 370 37; 1997 c 182 20; any time subsequent to thirty days from such seizure or ten
1995 c 61 23; 1994 c 133 11; 1986 c 266 111; 1982 c days from the final termination of proceedings under this sec
230 37; 1961 c 228 64.] tion, whichever is later; or
Severability-2002 c 370: See note following RCW 70.77.126. (b) Sell the forfeited fireworks and chemicals used to
Severability— Effective date -1997 c 182: See notes following RCW make fireworks, that are legal for use and possession under
70.77.160. this chapter, to wholesalers or manufacturers, authorized to
Severability Effective date -1995 c 61: See notes following RCW possess and use such fireworks or chemicals under a license
70.77.111.
issued by the chief of the Washington state patrol, through
Severability— Effective date -1994 c 133: See notes following RCW th e director of fire protection. Sale shall be by public auction
70.77.146. p y p
Severability-1986 c 266: See note following RCW 38.52.005. after publishing a notice of the date, place, and time of the
auction in a newspaper of general circulation in the county in
70.77.440 Seizure of fireworks— Proceedings for for- which the auction is to be held, at least three days before the
feiture— Disposal of confiscated fireworks. (1) In the date of the auction. The proceeds of the sale of the seized fire
event of seizure under RCW 70.77.435, proceedings for for works under this section may be retained by the agency con-
ducting the seizure and used to offset the costs of seizure
feiture shall be deemed commenced by the seizure. The chief and/or storage costs of the seized fireworks. The remaining
of the Washington state patrol or a designee, through the proceeds, if any, shall be deposited in the fire services trust
director of fire protection or the agency conducting the sei- fund and shall be used as follows: At least fifty percent is for
zure, under whose authority the seizure was made shall cause a statewide public education campaign developed by the
notice to be served within fifteen days following the seizure chief of the Washington state patrol, through the director of
on the owner of the fireworks seized and the person in charge fire protection, and the licensed fireworks industry emphasiz-
thereof and any person having any known right or interest the safe and responsible use of le al fireworks; and the
therein, of the seizure and intended forfeiture of the seized g p g
property. The notice may be served by any method autho- remainder is for statewide efforts to enforce this chapter.
rized by law or court rule including but not limited to service [2002 c 370 38; 1997 c 182 21; 1995 c 61 24; 1994 c 133
by certified mail with return receipt requested. Service by 12; 1986 c 266 112; 1984 c 249 29; 1961 c 228 65.]
mail shall be deemed complete upon mailing within the fif- Severability -2002 c 370: See note following RCW 70.77.126.
teen -day period following the seizure. Severability— Effective date -1997 c 182: See notes following RCW
(2) If no person notifies the chief of the Washington state 70.77.160.
patrol, through the director of fire protection or the agency Severability— Effective date -1995 c 61: See notes following RCW
conducting the seizure, in writing of the person's claim of 70.77.111.
lawful ownership or right to lawful possession of seized fire- Severability— Effective date -1994 c 133: See notes following RCW
works within thirty days of the seizure, the seized fireworks 70.77.146.
shall be deemed forfeited. Severability-1986 c 266: See note following RCW 38.52.005.
(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 70.77.450 Examination, inspection of books and pre
claim of lawful ownership or possession of the fireworks mines. The chief of the Washington state patrol, through the
within thirty days of the seizure, the person or persons shall director of fire protection, may make an examination of the
be afforded a reasonable opportunity to be heard as to the books and records of any licensee, or other person relative to
claim or right. The hearing shall be before an administrative fireworks, and may visit and inspect the premises of any lic-
law judge appointed under chapter 34.12 RCW, except that ensee he may deem at any time necessary for the purpose of
any person asserting a claim or right may remove the matter enforcing the provisions of this chapter. The licensee, owner,
to a court of competent jurisdiction if the aggregate value of lessee, manager, or operator of any such building or premises
the seized fireworks is more than five hundred dollars. The shall permit the chief of the Washington state patrol, through
hearing before an administrative law judge and any appeal the director of fire protection, his or her deputies or salaried
therefrom shall be under Title 34 RCW. In a court hearing assistants, the local fire official, and their authorized repre-
between two or more claimants to the article or articles sentatives to enter and inspect the premises at the time and for
involved, the prevailing party shall be entitled to a judgment the purpose stated in this section. [1997 c 182 22; 1994 c
for costs and reasonable attorneys' fees. The burden of pro- 133 13; 1986 c 266 113; 1961 c 228 67.]
ducing evidence shall be upon the person claiming to have Severability— Effective date -1997 c 182: See notes following RCW
the lawful right to possession of the seized fireworks. The 70.77.160.
chief of the Washington state patrol, through the director of Severability— Effective date -1994 c 133: See notes following RCW
fire protection or the agency conducting the seizure, shall 70.77.146.
promptly return the fireworks to the claimant upon a determi- Severability-1986 c 266: See note following RCW 38.52.005.
(2008 Ed.) [Title 70 RCW —page 157]
70.77.455 Title 70 RCW: Public Health and Safety
70.77.455 Licensees to maintain and make available 70.77.495 Forestry permit to set off fireworks in for
complete records Exemption from public records act. est, brush, fallow, etc. It is unlawful for any person to set off
(1) All licensees shall maintain and make available to the fireworks of any kind in forest, fallows, grass or brush cov-
chief of the Washington state patrol, through the director of ered land, either on his own land or the property of another,
fire protection, full and complete records showing all produc- between April 15th and December 1st of any year, unless it is
tion, imports, exports, purchases, and sales of fireworks items done under a written permit from the Washington state
by class. department of natural resources or its duly authorized agent,
(2) All records obtained and all reports produced, as and in strict accordance with the terms of the permit and any
required by this chapter, are not subject to disclosure through other applicable law. [2002 c 370 39; 1988 c 128 11;
the public records act under chapter 42.56 RCW. [2005 c 274 1961 c 228 76.]
337; 1997 c 182 23. Prior: 1995 c 369 54; 1995 c 61 Severability -2002 c 370: See note following RCW 70.77.126.
25; 1986 c 266 114; 1982 c 230 38; 1961 c 228 68.]
Part headings not law— Effective date -2005 c 274: See RCW 70.77.510 Unlawful sales or transfers of display fire
42.56.901 and 42.56.902.
Severability— Effective date -1997 c 182: See notes following RCW Forks— Penalty. It is unlawful for any person knowingly to
70.77.160. sell, transfer, or agree to sell or transfer any display fireworks
Effective date -1995 c 369: See note following RCW 43.43.930. to any person who is not a fireworks licensee as provided for
Severability— Effective date -1995 c 61: See notes following RCW by this chapter. A violation of this section is a gross misde-
70.77.111. meanor. [2002 c 370 40; 1984 c 249 31; 1982 c 230 40;
Severability-1986 c 266: See note following RCW 38.52.005. 1961 c 228 79.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.460 Reports, payments deemed made when
filed or paid or date mailed. When reports on fireworks 70.77.515 Unlawful sales or transfers of consumer
transactions or the payments of license fees or penalties are fireworks— Penalty. (1) It is unlawful for any person to
required to be made on or by specified dates, they shall be offer for sale, sell, or exchange for consideration, any con
deemed to have been made at the time they are filed with or sumer fireworks to a consumer or user other than at a fixed
paid to the chief of the Washington state patrol, through the place of business of a retailer for which a license and permit
director of fire protection, or, if sent by mail, on the date have been issued.
shown by the United States postmark 011 the envelope con- (2) No licensee may sell any fireworks to any person
taining the report or payment. [1995 c 369 55; 1986 c 266 under the age of sixteen.
115; 1961 c 228 69.] (3) A violation of this section is a gross misdemeanor.
Effective date -1995 c 369: See note following RCW 43.43.930. [2002 c 370 41; 1984 c 249 32; 1982 c 230 41; 1961 c
Severability-1986 c 266: See note following RCW 38.52.005. 228 80.]
Severability-2002 c 370: See note following RCW 70.77.126.
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 70.77.517 Unlawful transportation of fireworks
delivery of any fireworks to any person in the state who does Penalty. It is unlawful for any person, except in the course of
not possess and present to the carrier for inspection at the continuous interstate transportation through any state, to
time of delivery a valid license, where such license is transport fireworks from this state into any other state, or
required to purchase, possess, transport, or use fireworks, is deliver them for transportation into any other state, or attempt
prohibited. [1982 c 230 39; 1961 c 228 73.] so to do, knowing that such fireworks are to be delivered,
possessed, stored, transshipped, distributed, sold, or other
70.77.485 Unlawful possession of fireworks— Penal- wise dealt with in a manner or for a use prohibited by the laws
ties. It is unlawful to possess any class or kind of fireworks of such other state specifically prohibiting or regulating the
in violation of this chapter. A violation of this section is: use of fireworks. A violation of this section is a gross misde-
(1) A misdemeanor if involving less than one pound of meanor.
fireworks, exclusive of external packaging; or This section does not apply to a common or contract car
(2) A gross misdemeanor if involving one pound or more rier or to international or domestic water carriers engaged in
of fireworks, exclusive of external packaging. interstate commerce or to the transportation of fireworks into
For the purposes of this section, "external packaging" a state for the use of United States agencies in the carrying
means any materials that are not an integral part of the oper- out or the furtherance of their operations.
alive unit of fireworks. [1984 c 249 30; 1961 c 228 74.] In the enforcement of this section, the definitions of fire-
works contained in the laws of the respective states shall be
70.77.488 Unlawful discharge or use of fireworks— applied.
Penalty. It is unlawful for any person to discharge or use As used in this section, the term "state" includes the sev-
fireworks in a reckless manner which creates a substantial eral states, territories, and possessions of the United States,
risk of death or serious physical injury to another person or and the District of Columbia. [2002 c 370 42; 1984 c 249
damage to the property of another. A violation of this section 341
is a gross misdemeanor. [1984 c 249 37.] Severability-2002 c 370: See note following RCW 70.77.126.
[Title 70 RCW —page 158] (2008 Ed.)
State Fireworks Law 70.77.580
70.77.520 Unlawful to permit fire nuisance where the chief of the Washington state patrol, through the director
fireworks kept Penalty. It is unlawful for any person to of fire protection. [2002 c 370 48.]
allow any combustibles to accumulate in any premises in Severability -2002 c 370: See note following RCW 70.77.126.
which fireworks are stored or sold or to permit a fire nuisance
to exist in such a premises. A violation of this section is a 70.77.549 Civil penalty— Costs. In addition to crimi-
misdemeanor. [2002 c 370 43; 1984 c 249 33; 1961 c 228 nal penalties, a person who violates this chapter is also liable
81.] for a civil penalty and for the costs incurred with enforcing
Severability-2002 c 370: See note following RCW 70.77.126. this chapter and bringing the civil action, including court
costs and reasonable investigative and attorneys' fees. [2002
70.77.525 Manufacture or sale of fireworks for out- c 370 49.]
of -state shipment. This chapter does not prohibit any man- Severability-2002 c 370: See note following RCW 70.77.126.
ufacturer, wholesaler, dealer, or jobber, having a license and
a permit secured under the provisions of this chapter, from 70.77.550 Short title. This chapter shall be known and
manufacturing or selling any kind of fireworks for direct may be cited as the state fireworks law. [1961 c 228 87.]
shipment out of this state. [1982 c 230 42; 1961 c 228
82.]
70.77.555 Local permit and license fees Limits. (1)
A city or county may provide by ordinance for a fee in an
70.77.530 Nonprohibited acts Signal purposes, for- amount sufficient to cover all legitimate costs for all needed
est protection. This chapter does not prohibit the use of tor- permits, licenses, and authorizations from application to and
pedoes, flares, or fusees by motor vehicles, railroads, or other through processing, issuance, and inspection, but in no case
transportation agencies for signal purposes or illumination or to exceed a total of one hundred dollars for any one retail
for use in forest protection activities. [1961 c 228 83.] sales permit for any one selling season in a year, whether
June 28th through July 5th or December 27th through
70.77.535 Articles pyrotechnic, special effects for December 31st, or a total of two hundred dollars for both sell
entertainment media. The assembling, compounding, use, ing seasons.
and display of articles pyrotechnic or special effects in the (2) A city or county may provide by ordinance for a fee
production of motion pictures, radio or television produc- in an amount sufficient to cover all legitimate costs for all
tions, or live entertainment shall be under the direction and display permits, licenses, and authorizations from application
control of a pyrotechnic operator licensed by the state of to and through processing, issuance, and inspection, not to
Washington and who possesses a valid permit from the city exceed actual costs and in no case more than a total of five
or county. [2002 c 370 44; 1994 c 133 14; 1984 c 249 thousand dollars for any one display permit. [2002 c 370
35; 1982 c 230 43; 1961 c 228 84.] 45; 1995 c 61 26; 1982 c 230 44; 1961 c 228 88.]
Severability-2002 c 370: See note following RCW 70.77.126. Severability-2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1994 c 133: See notes following RCW Severability— Effective date -1995 c 61: See notes following RCW
70.77.146. 70.77.111.
70.77.540 Penalty. Except as otherwise provided in this 70.77.575 Chief of the Washington state patrol to
chapter, any person violating any of the provisions of this provide list of consumer fireworks that may be sold to the
chapter or any rules issued thereunder is guilty of a misde- public. (1) The chief of the Washington state patrol, through
meanor. [1984 c 249 36; 1961 c 228 85.] the director of fire protection, shall adopt by rule a list of the
consumer fireworks that may be sold to the public in this state
70.77.545 Violation a separate, continuing offense. A pursuant to this chapter. The chief of the Washington state
person is guilty of a separate offense for each day during patrol, through the director of fire protection, shall file the list
which he commits, continues, or permits a violation of any by October 1st of each year with the code reviser for publica-
provision of, or any order, rule, or regulation made pursuant tion, unless the previously published list has remained cur
to this chapter. [1961 c 228 86.] rent.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall provide the list adopted under
70.77.547 Civil enforcement not precluded. The
inclusion in this chapter of criminal penalties does not pre- subsection (1) of this section by November 1st of each year to
clude enforcement of this chapter through civil means. [1994 all manufacturers, wholesalers, and importers licensed under
c 133 15.] this chapter, unless the previously distributed list has
Severability— Effective date -1994 e 133: See notes following RCW remained current. [2002 c 370 46; 1995 c 369 57; 1986 c
70.77.146. 266 117; 1984 c 249 8.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.548 Attorney general may institute civil pro- Effective date -1995 c 369: See note following RCW 43.43.930.
ceedings— Venue. Civil proceedings to enforce this chapter Severability -1986 c 266: See note following RCW 38.52.005.
may be brought in the superior court of Thurston county or
the county in which the violation occurred by the attorney 70.77.580 Retailers to post list of consumer fire
general or the attorney of the city or county in which the vio- works. Retailers required to be licensed under this chapter
lation occurred on his or her own motion or at the request of shall post prominently at each retail location a list of the con
(2008 Ed.) [Title 70 RCW —page 159]
70.77.900 Title 70 RCW: Public Health and Safety
sumer 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
the list available. [2002 c 370 47; 1995 c 369 58; 1986 c
266 118; 1984 c 249 9.]
Severability-2002 c 370: See note following RCW 70.77.126.
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.]
�11LA
4 _M, 4 City of Tukwila
J .gig
a, Finance and Safety Committee
90•
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
June 2, 2009, 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Verna Griffin (sitting in for Joe Duffle) and De' Sean Quinn
Staff: Shawn Hunstock, Jim Morrow, Nick Olivas, Don Tomaso, Mary Miotke, and Kimberly Matej
CALL TO ORDER: Chair Linder called the meeting to order at 5:01 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Bid Award for Repair of Fire Truck
Staff is seeking Council approval to award a bid in the amount of $31,922.75 to Geo Heiser Body Co. Inc. for
repair work needed on Fire Truck #1355.
The damage was caused by a drunk driver who failed to yield to emergency lights on May 3, while the truck
was stopped at an incident response. Another bid was received for the repair work; however, Heiser is the
preferred bidder due to locality and the quality of past City repair work. All repairs will be reimbursed
through insurance. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION.
B. Fireworks Permit: Annual 4 of July Celebration
Staff is seeking full Council approval of a Fireworks Permit Application submitted by Mr. Tom Whitacre for
the fireworks display at the City's annual 4 of July celebration at Fort Dent. Mr. Whitacre has provided the
fireworks display for the past several years without incident. The Fire Department will add two additional fire
watch personnel to this year's event to ensure any fireworks debris that falls on the Sounder FC practice fields
at the north end of the complex is dealt with promptly. UNANIMOUS APPROVAL. FORWARD TO
JUNE 8 COW FOR DISCUSSION.
C. Sales Tax Report: March 2009
Shawn Hunstock reviewed the March Sales Tax Report, noting that receipts are down 24.4% compared to
budget estimates and 21.7% compared to the same time period last year (both are YTD). Council reviewed
these actual receipts for the entire first quarter at the Budget Workshop on May 28. Shawn commented that
between the current 3% reduction and CIP delays, the City should recognize a $3.5 million in savings.
INFORMATION ONLY.
D. 2009 1' Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2009 1s` Quarter Report, and there
were no clarifying questions. INFORMATION ONLY.
M. MISCELLANEOUS
As a resulting discussion from Item A above, Committee members requested that staff work on drafting
proposed policies regarding raising the approval funding limits that go to Council as well as defining processes
for emergency procurements and declarations. Administration is aware of the need for updating the appropriate
policies and it is currently on the work schedule.
Meeting adjourned at 5:37 p.m.
Next meeting: Tuesday, June 16, 2009 5:00 p.m. Conference Room #3
P S L Committee Chair Approval
Minutes by KAM.