HomeMy WebLinkAboutFS 2009-06-02 Item 2B - Permit - Family Fourth Fireworks PermitTO:
FROM: Don Tomaso, Fire Marshal
DATE: May 28, 2009
SUBJECT: Tukwila's Family Fourth event on July 4, 2009
ISSUE
BACKGROUND
ANALYSIS
RECOMMENDATION
Approve the proposed public fireworks display and forward this to the Council agenda for
June 8, 2009 and June 15, 2009.
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance Safety Committee
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.
Jim Haggerton, Mayor
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.
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.
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.
Ci ty of Tukwila Jim Ha'gerton, Mayor
Fire Department
Date: May 28, 2009
To: Chief Olivas
From: B/C Tomaso
Re: Public Fire Works Display Permit
Nicholas J. Olivas, Fire Chief
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 2nd
3rd
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
City of Tukwila Jim Haggerton, Mayor
Fire Department Nicholas J. Olivas, Fire Chief
FIREWORKS PERMIT CONDITIONS
To: Mr. Tom Whitacre
From: B /C. Tomaso
Re: July 4 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
Fireworks Dischrage and Restricted Area Map
Starfire Sports
Spectators
Fall out area
420' to aerial shells
5" & 6" aerial shells
Fireworks Display Aerial photo
Printed July 2006
Chapter 8.12
FIREWORKS
Sections:
8.12.010 Sale of Fireworks Prohibited
8.12.020 Ban on Fireworks Discharge
8.12.030 Fireworks Discharge, Enforcement Authority
8.12.040 Fireworks Discharge, Penalties
8.12.010 Sale of Fireworks Prohibited
No person, firm or corporation shall manufacture,
sell, or store fireworks in the City of Tukwila, except
that a person granted a permit for a public display of
fireworks shall be allowed to buy, possess and store
fireworks according to the permit granted.
8.12.020 Ban on Fireworks Discharge
No person or persons shall ignite, explode or
discharge any fireworks or firecrackers within the city
limits of Tukwila, except as provided below:
1. Use by a group or individual for religious or
other specific purposes on an approved date an
approved location pursuant to a permit issued pursuant
to RCW 70.77.311.
2. Use of trick and novelty devices as defined
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.
TITLE 8 PUBLIC PEACE, MORALS AND SAFETY
$100.
e. The fee for a public display shall be
f. Permits granted shall be in effect for
the specified single event, date and time specified in
the permit. Such permit shall not be transferable.
g. Any applicant who feels he /she has
been denied a permit for reasons other than those set
forth in this section, is entitled to appeal the written
decision in accordance with procedures set forth in
TMC 8.45.060 relating to appeals from notice and
orders.
8.12.030 Fireworks Discharge, Enforcement Authority
The Chief of Police and Fire Marshal are both
directed to administer and enforce the provisions of this
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
8.12.040 Fireworks Discharge, Penalties
Any person who violates any portion of this
ordinance shall be subject to having their fireworks
confiscated as provided for in RCW 70.77.435, and
shall be guilty of a civil violation and penalty as
provided in TMC Chapter 8.45.
I7 $7 S3 1996
Page 8 -13
70.74.400 Title 70 RCW: Public Health and Safety
sives were forfeited, the person from whom the explosives
were seized loses all rights of action against the law enforce-
ment agency or its employees acting within the scope of
their employment, or other governmental entity or employee
involved with the seizure and destruction of explosives.
(10) This section is not.intended to change the seizure
and forfeiture powers, enforcement, and penalties available
to the department of labor and industries pursuant to chapter
49.17 RCW as provided in RCW 70.74.390. [2002 &.370
3; 1993 c 293 8.]
Severability -2002 c 370: See" note following RCW 70.77.126.
Severability -1993 c 293: See note following RCW 70.74.010.
70.74.410. Reporting theft or loss Of explosives. A
person who knows of a theft or loss of explosives for which
that person is responsible under this chapter shall report the
theft or loss to the local law enforcement agency within
twenty -four hours of discovery of the theft or loss. The
local law enforcement agency shall immediately report the
theft or loss to the department of labor and industries. [1993
c293 §9.]
Severability-1993 c 293: See note following RCW 70.74.010.
Chapter 70.75
FIRE FIGHTING EQUIPMENT
STANDARDIZATION
Sections.
70.75.010 Standard thread specified Exceptions.
70.75.020 Duties of chief of the Washington state patrol.
70.75 :030 Duties of chief. of the Washington state patrol— Notification
of industrial establishments and property owners having
equipment.
70.75.040 Sale of nonstandard equipment as misdemeanor
Exceptions.
70.75.900 Severability- 1967.c 152.
70.75.010 Standard thread specified— Exceptions.
All equipment for fire protection purposes, other than for
forest fire fighting, purchased by state and municipal
authorities, or any other authorities having charge of public
property, shall.be.equipped with the standard threads
designated as the national standard thread as adopted by the
American Insurance Association and defined in its pamphlet
No. 194, dated 1963: PROVIDED, That this section shall
not apply to steamer connections on fire hydrants. [1967 c
152 §1.]
70.75.020 Duties of chief of the Washington state
patrol. The standardization of existing fire protection
equipment in this state shall be arranged for and carried out
by or under the direction of the chief of the Washington
state patrol, through the director of fire protection. He or
she 'shall provide the appliances necessary for carrying on
this work, shall proceed with such standardization as rapidly
as possible, and shall require the completion of such work
within a period of five years from June 8, 1967: PROVID-
ED, That the chief of the Washington state patrol, through
the director of fire protection, may exempt special purpose
fire equipment and existing fire protection' equipment from
standardization when it is established that such equipment is
[Title 70 RCW page 120]
not essential to the coordination of public fire protection
operations. [1995 c 369 41; 1986 c 266 96; 1967'c 152
2.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
70.75.030 Duties of chief of the Washington state
patrol— Notification of industrial establishments and
property owners having equipment. The chief of the
Washington state patrol, through the director of fire protec-
tion, shall notify industrial establishments and property
owners having equipment, which may be necessary for fire
department use in protecting the property or putting out fire,
of any changes necessary to bring their equipment up to the
requirements of the standard established by RCW 70.75.020,
and shall render such assistance as may be available for
converting substandard equipment to meet standard specifica-
tions and requirements. [1995 c 369 42; 1986 c 266 97;
1967 c 152 3.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
70.75.040 Sale of nonstandard equipment as
misdemeanor— Exceptions. Any person who, without
approval of the chief of the Washington state patrol, through
the director of fire protection, sells or offers for sale in
Washington any fire hose, fire engine or other equipment for
fire protection purposes which is fitted or equipped with
other than the standard thread is guilty of a misdemeanor:
PROVIDED, That fire equipment for special purposes, re-
search, programs, forest fire fighting, or special features of
fire protection equipment found appropriate for uniformity
within a particular protection area may be specifically
exempted from this requirement by order of the chief of the
Washington state patrol, through the director of fire pro-
tection. [1995 c 369 43; 1986 c 266 98; 1967 c 152
4.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
70.75.900 Severability -1967 c 152. 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. [1967 c 152 5.]
Chapter 70.77
STATE FIREWORKS LAW
Sections
70.77.111 Intent.
70.77.120 Definitions —To govern chapter.
70.77.124 Definitions "City."
70.77.126 Definitions "Fireworks."
70.77.131 Definitions "Display fireworks."
70.77.136 Definitions— "Consumer fireworks."
70.77.138 Definitions "Articles pyrotechnic."
70.77.141 Definitions— "Agricultural and wildlife fireworks."
70.77:146 Definitions- "Special effects."
70.77.160 Definitions "Public display of fireworks."
70.77.165 Definitions —"Fire nuisance."
(2002 Ed.)
70.77.170 Definitions "License."
70.77.175 Definitions "Licensee."
70.77.177 Definitions "Local fire official."
70.77.180 Definitions "Permit.'
70.77.182 Definitions "Permittee."
70.77.190 Definitions— "Person."
70.77.200 Definitions—Importer."
70.77.205 Definitions "Manufacturer."
70.77.210 Definitions "Wholesaler."
70.77.215 Definitions "Retailer."
70.77.230 Definitions "Pyrotechnic operator."
70.77.236 Definitions "New fireworks item."
70.77.241 Definitions— "Permanent storage "Temporary storage."
70.77.250 Chief of the Washington state patrol to enforce and adminis-
ter— Powers and duties.
70.77.252 Civil penalty— Notice Remission, mitigation, review.
70.77.255 Acts prohibited without appropriate licenses and permits
Minimum age for license or permit— Activities permit-
ted without license or permit.
70.77.260 Application for permit.
70.77.265 Investigation, report on permit 'application.
70.77.270 Governing body to grant permits— Statewide standards
Liability insurance.
70.77.280 Public display permit— Investigation— Governing body to
grant— Conditions.
70.77.285 Public display permit —Bond or insurance for liability.
70.77.290 Public display permit Granted for exclusive purpose.
70.77.295 Public display permit— Amount of bond or insurance.
70.77.305 Chief of the Washington state patrol to issue licenses
Registration of in -state agents.
70.77.311 Exemptions from licensing— Purchase of certain agricultural
and wildlife fireworks by government agencies
Purchase of consumer fireworks by religious or private
organizations.
70.77.315 Application for license.
70.77.320 Application for license to be signed.
70.77.325 Annual application for a license— Dates.
70.77.330 License to engage in particular act to be issued if not con-
trary to public safety or welfare Transportation of
fireworks authorized.
70.77.335 License authorizes activities of sellers, authorized represen-
tatives, employees.
70.77.340 Annual license fees.
70.77.343 License fees Additional.
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
application.
70.77.360 Denial of license for material misrepresentation or if con-
trary to public safety or welfare.
70.77.365 Denial of license for failure to meet qualifications or condi-
tions.
70.77.370 Hearing on denial of license.
70.77.375 Revocation of license.
70.77.381 Wholesalers and retailers Liability insurance requirements.
70.77.386 Retailers— Purchase from licensed wholesalers.
70.77.395 Dates and times consumer fireworks may be sold or dis-
charged —Local governments may limit, prohibit sale or
discharge of fireworks.
70.77.401 Sale of certain fireworks prohibited:
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 Permanent storage permit required— Application-
Investigation —Grant or denial— Conditions.
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.
70.77.440 Seizure of fireworks— Proceedings for forfeiture Disposal
of confiscated fireworks.
70.77.450 Examination, inspection of books and premises.
70 Licensees to mainta]n 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.
State Fireworks Law Chapter 70.77
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 display fireworks— Penalty.
70.77.515 Unlawful sales or transfers of- consumer 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 purposes, forest protection.
70.77.535 Articles pyrotechnic, special effects for entertainment media.
70.77.540 Penalty.
70.77.545 Violation a separate, continuing offense.
70.77.547 Civil enforcement not precluded.
70.77.548 Attorney general may institute civil proceedings— Venue.
70.77:549 Civil penalty— Costs.
70.77.550 Short title.
70.77.555 Local permit and license fees Limits.
70.77.575 Chief of the Washington state patrol to provide list of con-
sumer fireworks that may be sold to the public.
70.77.580 Retailers to post list of consumer 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 Se 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.]
Severability -1995 c 61: "If any provision of this act or its
application to any person or circumstance is held invalid, the iemainder_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, 19 [1995 c 61 33.]
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.
[1961 c 228 1.]
70.77.124 Definitions "City." "City" means any
incorporated city pr town. [1995 c 61 2; 1994 c 133 2.]
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.
70.77.126 Definitions "Fireworks." "Fireworks"
means any composition or device designed to produce a
visible or audible effect by combustion, deflagration, or
detonation; and which meets the definition of articles
pyrotechnic or consumer fireworks or display fireworks.
[2002 c 370 4; 1995 c 61 3; 1984 c 249 1; 1982 c 230
1•]
Severability -2002 c 370: "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." [2002 c 370 50.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
(2002 Ed.) [Title 70 RCW —page 121]
70.77.131 Title 70 RCW:. Public Health and Safety
70.77.131 Definitions "Display fireworks."
"Display fireworks" means large fireworks designed primari-
ly to produce visible or audible effects by combustion,
deflagration, or detonation and-includes, but is not limited to,
salutes containing more than 2 grains (130.mg) of explosive
materials, aerial shells containing more than 40 grams of
pyrotechnic compositions, and other display pieces which
exceed the limits of explosive materials for classification as
"consumer fireworks" and are classified as fireworks
UNO333, UNO334, or UNO335 by the United States depart-
ment of transportation at 49 C.F.R. Sec. 172.101 as of June
13, 2002, and including fused setpieces containing compo-
nents which exceed 50 mg of salute powder. [2002 c 370
5; 1995 c 61 4; 1984 c 249 2; 1982 c 230 2.]
Severability-2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.136 Definitions "Consumer fireworks."
"Consumer fireworks" means any small firework device
designed to produce visible effects by combustion and which
must comply with the construction,. chemical composition,
and labeling regulations of the United States consumer
product safety commission, as set forth. in 16 C,F.R. Parts
1500 and 1507 and including some small. devices designed
to produce audible effects, such as whistling devices, ground
devices containing 50 mg or less of explosive •materials, and
aerial devices containing 130 mg or less of explosive materi-
als and classified as fireworks UNO336,by the United States
department of transportation at 49 C.F.R., Sec. 172.101 as of
June 13,:2002, and not including fused setpieces containing
components which together exceed 50 mg of salute powder.
[2002 c 370 6; 1995 c 61 5; 1984 c 249 3; 1982 c 230
3.]
Severability -2002 c 370: See note .following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.138 Definitions- "Articles pyrotechnic."
"Articles pyrotechnic "means pyrotechnic devices for
professional use similar to consumer fireworks in chemical
composition and construction but not intended for consumer
use which meet the weight limits for consumer fireworks but
which are not labeled as such and which are classified as
UN0431 or UN0432 by the United States department of
transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002.
[2002 c 370 7.]
Severability-2002 c 370: See note following RCW 70.77.126.
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 or an
equivalent state or local governmental agency. [2002 c 370
8; 1982 c 230 4.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.146 Definitions "Special effects." "Special
effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the
[Title 70 RCW —page 122]
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, 1994]." [1994 c 133 18.]
70.77.160 Definitions— "Public display of fire-
works." "Public display of fireworks" means an entertain-
ment feature where the public is or could be admitted or
allowed to view the display or discharge of display fire-
works. [2002 c 370 9; 1997 c 182 1; 1982 c 230 6;
1961 c 228 9.]
Severability -2002 c 370: .See note following RCW 70.77.126.
Severability -1997 c 182: "If ahy 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.]
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, through the director of fire protec-
tion, is authorized to issue under this chapter to allow a
person to engage in the act specifically designated therein.
[2002 c 370 10; 1995 c 369 44; 1986 c 266 99; 1982
c 230 7; 1961 c 228 11.]
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.
70.77.175 Definitions "Licensee." "Licensee"
means any person issued a fireworks license in conformance
with this chapter. [2002 c 370 1961 c 228 12.]
Severability -2002 c 370: See note following RCW 70.77.126.
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
(2002 Ed.)
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 authorization granted by a city or county for the
purpose of establishing and maintaining a place within the
jurisdiction of the city or county where fireworks are
manufactured, constructed, produced, packaged, stored, sold,
or exchanged and the official authorization granted by a city
or county for a public display of fireworks. [2002 c 370
12; 1995 c 61 9; 1984 c 249 5; 1982 c.230 8; 1961 c
228 13.]
Severability -2002 c 370: See note following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.182 Definitions— "Permittee." "Permittee"
means any person issued a fireworks permit in conformance
with this chapter. [2002 c 370 13.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
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.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.205 Definitions "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 consumer fireworks
items or sets or packages containing consumer fireworks
items. [2002 c 370 14; 1995 c 61 11; 1961 c 228 18.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display
fireworks to public display licensees. [2002 c 370 15;
1982 c 230 9; 1961 c 228 19.]
Severability -2002 c 370: See note following RCW 70.77.126.
(2002 Ed.)
State Fireworks Law 70.77.177
70.77.215 Definitions "Retailer." "Retailer"
includes any person who, at a fixed location or place of
business, offers for sale, sells, or exchanges for consideration
consumer fireworks to a consumer or•user. [2002 c 370
16; 1982 c 230 10; 1961 c 228 20.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display
fireworks. [2002 c 370 17; 1982 c 230 11; 1961 c 228
23.]
Severability -2002 c 370: See note following RCW 70.77.126.
70.77.236 Definitions "New fireworks item." (1)
"New fireworks item" means any fireworks initially classi-
fied or reclassified as articles pyrotechnic, display fireworks,
or consumer fireworks by the United States department of
transportation after June 13, 2002, and which comply with
the construction, chemical composition, and labeling regula-
tions of the United States consumer products safety commis-
sion, 16 C.F.R., Parts 1500 and 1507.
(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 department of transportation and the United
States consumer product safety commission. The chief of
the Washington state patrol, through the director of fire pro-
tection, may determine, stating reasonable grounds, that the
item should not be so classified. [2002 c 370 18; 1997 c
182 4; 1995 c 61 6.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
70.77.241 Definitions "Permanent storage"
"Temporary storage." (1) "Permanent storage" means
storage of display fireworks at any time and /or storage of
consumer fireworks at any time other than the periods
allowed under RCW 70.77.420(2) and 70.77.425 and which
shall be in compliance with the requirements of chapter
70.74 RCW.
(2) "Temporary storage" means the storage of consumer
fireworks during the periods allowed under RCW
70.77.420(2) and 70.77.425. [2002 c 370 34.]
Severability -2002 c 370: See note following RCW 70.77.126.
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
[Title.70 RCW —page 123]
70.77.250 Title 70 RCW: Public Health and Safety
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 statewide minimum standards for the
enforcement of this chapter. Counties and cities shall
comply with these state rules. Any ordinances adopted by
a county or city 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 and city, county, or local government agency having
general law enforcement powers from enforcing this. chapter
within the jurisdiction of the agency and city, county, or
local government.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall adopt rules necessary to
enforce the civil penalty provisions for the violations of this
chapter. A civil penalty under this subsection may not
exceed one thousand dollars per day for each violation and
is subject to the procedural. requirements under RCW
70.77.252.
(7) The chief of the Washington state patrol, through the
director of fire protection, may investigate or cause to be
investigated all fires resulting, or suspected of resulting, from
the use of fireworks. [2002 c 370 19; 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.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
70.77.252 Civil penalty Notice Remission,
mitigation, review. (1) The penalty provided for in RCW
70.77:250(6) shall be imposed by a notice in writing to the
person against whom the civil fine is assessed and shall
describe the violation with reasonable particularity. The
notice shall be personally served in the manner of service of
a summons in a civil action or in a manner which shows
proof of receipt. Any penalty imposed by RCW
70.77.250(6) shall become due and payable twenty -eight
days after receipt of notice unless application for remission
or mitigation is made as provided in subsection (2) of this
section or unless application for an adjudicative proceeding
is filed as provided in subsection (3) of this section.
(2) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the
chief of the Washington state patrol, through the director of
fire protection, for the remission or mitigation of the penalty.
Upon receipt of the application; the chief of the Washington
state patrol; through the director of fire protection, may remit
or mitigate the penalty upon whatever taints the chief of the
Washington state patrol, through the director of fire protec-
tion, deems proper, giving consideration to the degree of
hazard associated with the violation. The chief of the
[Title 70 RCW —page •124]
Washington state patrol, through the director of fire pro-
tection, may only grant a remission or mitigation that it
deems to be in the best interests of carrying out the purposes
of this chapter. The chief of the Washington state patrol,
through the director of fire protection, may ascertain the
facts regarding all such applications in a manner it deems
proper. When an application for remission or mitigation is
made, any penalty incurred under RCW 70.77.250(6)
becomes due and payable twenty-eight days after receipt of
the notice setting forth the disposition of the application,
unless an application for an adjudicative proceeding to
contest the disposition is filed as provided in subsection (3)
of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of
the chief of the Washington state patrol, through the director
of fire protection.
(4) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon
service of the final order.
(5) The attorney general may bring an action in the
name of the chief of the Washington state patrol, through the
director of fire protection, in the superior court of Thurston
county or of any county in which the violator may do busi-
ness to collect any penalty imposed under this chapter.
(6) All penalties imposed under this section shall be
paid to the state treasury and credited to the fire services
trust fund and used as follows: At least fifty percent is for
a statewide public education campaign developed by the
chief of the Washington state patrol, through the director of
fire protection, and the licensed fireworks industry emphasiz-
ing the safe and responsible use of legal fireworks; and the
remainder is for statewide efforts to enforce this chapter.
[2002 c 370 20.]
Severability-2002 c 370: See not following RCW 70.77.126.
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 licensee or 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,
as 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 display fireworks at any
place.
(3) No person less than eighteen years of age may apply
for or receive a license or permit under this chapter.
(4) No license or permit is required for the possession
or use of consumer fireworks lawfully purchased at retail.
(2002 Ed.)
[2002 c 370 21; 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 -2002 c 370: See note following RCW 70.77.126.
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 license holders to file 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
Statewide standards Liability insurance. (1) The gov-
erning 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, statewide
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
(2002 Ed.)
State Fireworks Law 70.77.255
property damage liability for each occurrence, unless such
insurance is not readily available from at least three ap-
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 licensee unless the wholesaler
determines that the retail fireworks licensee is covered by
,liability insurance in the. same, or greater, amount as provid-
ed in this subsection. [2002 c 370 22; 1997 c 182 8;
1995 c 61 14; 1994 c 133 6; 1984 c 249 13; 1961 c
228 31.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
[Title 70 RCW —page. 125]
70.77.290 Title 70 RCW: Public Health and Safety
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
c228 §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.]
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,
except as provided in RCW 70.77.311 and 70.77.395. A
person may be licensed as a manufacturer, importer, or
wholesaler under this chapter only if the person has a desig-
nated agent in this state who is registered with the chief of
the Washington state patrol, through the director of fire
protection. [2002 c 370 23; 1995 c 369 46; 1986 c 266
101; 1984 c 249 18; 1982 c 230 18; 1961 c 228 38.]
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.
70.77.311 Exemptions from licensing Purchase of
certain agricultural and wildlife fireworks by government
agencies— Purchase of consumer 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 consumer
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;
[Title 70 RCW —page 126]
(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. [2002 c 370 24; 1995
c 61 17; 1984 c 249 19; 1982 c 230 19.]
Severability-2002 c 370: See note following RCW 70.77.126.
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), 70.77.311, and 70.77.395, 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. [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.]
Severability-2002 c 370: See note following RCW 70.77.126.
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
1 for annual sales commencing on June 28 and on December
27, or no later than November 1 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.
(2002 Ed.)
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 is not
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. [2002 c 370 26; 1995
c 369 48; 1986 c 266 104; 1982 c 230 22; 1961 c 228
§43.]
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.
70.77.335 License authorizes activities of sellers,
authorized representatives, employees. The authorization
to engage in the particular act or acts conferred by a license
to a person shall extend to sellers, authorized representatives,
and other employees of such person. [2002 c 370 27;
1982 c 230 23; 1961 c 228 44.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display fireworks 10.00
Pyrotechnic operator for display fireworks 5.00
[2002 c 370 28; 1982 c 230 24; 1961 c 228 45.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display fireworks 40.00
Pyrotechnic operator for display 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 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
statewide enforcement efforts against the sale and use of
fireworks that are illegal under this chapter. [2002 c 370
29;. 1997 c .182 12; 1995 c 61 19; 1991 c 135 6.]
Severability -2002 c 370: See note following RCW.70.77.126.
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.
(2002 Ed.)
State Fireworks Law 70.77.330
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.]
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 stateof 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 70.7,7.260. [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..
[Title .70.RCW —page 127]
70.77.360 Title 70 RCW: Public Health and Safety
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.]
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.]
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 51; 1995 c 61 21; 1986 c 266 108; 1982
c 230 30; 1961 c 228 52.]
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-
[Title 70 RCW—p age 1281
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 arid 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
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 licensee unless the wholesaler
determines that the retail licensee carries liability insurance
in the same, or greater, amount as provided in subsection (1)
of this section. [2002 c 370 30; 1995 c•61 27.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.395 Dates and times consumer fireworks may
be sold or discharged —Local governments may limit,
prohibit sale or discharge of fireworks. (1) It is legal to
sell and purchase consumer fireworks within this state from
twelve o'clock noon to eleven o'clock p.m. on the twenty-
eighth of June, from nine o'clock a.m. to eleven o'clock
p.m. on each day from the twenty -ninth of June through the
fourth of July, from nine o'clock a.m. to nine o'clock p.m.
on the fifth of July, from twelve o'clock noon to eleven
o'clock p.m. on each day from the twenty seventh of
December through the thirty -first of December of each year,
and as provided in RCW 70.77.311.
(2) Consumer fireworks may be used. or discharged each
day between the hours of twelve o'clock noon and eleven
o'clock p.m. on the twenty- eighth of June and between the
hours of nine o'clock a.m. and eleven o'clock p.m. on the
twenty -ninth of June to the third of July, and on July 4th
between the hours of nine o'clock a.m. and twelve o'clock
midnight, and between the hours of nine o'clock a.m. and
eleven o'clock p.m. on July 5th, and from six o'clock p.m.
on December 31st until one o'clock a.m. on January 1st of
the subsequent year, and as provided in RCW 70.77.311.
(3) A city or county may enact an ordinance within
sixty days of June 13, 2002, to limit or prohibit the sale,
(2002 Ed.)
70.77.435 Title 70 RCW: Public Health and Safety
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 at
any time subsequent to thirty days from such seizure or, ten
days from the final termination of proceedings under this
section, whichever is later; 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
[Title 70 RCW —page 130]
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 as follows: At least
fifty percent is for a statewide public education campaign
developed by the chief of the Washington state patrol,
through the director of fire protection, and the licensed fire-
works industry emphasizing the safe and responsible use of
legal fireworks; and the remainder is for statewide efforts to
enforce this chapter. [2002 c 370 38; 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 -2002 c 370: See note following RCW 70.77.126.
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; 1961c228 §67:]
'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.
70.77.455 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.
(2002 Ed.)
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.]
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.]
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.]
70.77.495 Forestry permit to set off fireworks in
forest, brush, fallow, etc. It is unlawful for 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
Washington state department of natural resources or its duly
authorized agent, and in 'strict accordance with the terms of
the permit and any other applicable law. [2002 c 370 39;
1988 c 128 11; 1961 c 228 76.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.510 Unlawful sales or transfers of display
fireworks— Penalty. It is unlawful for any person knowing-
(2002 Ed.)
State Fireworks Law 70.77.455
ly to sell, transfer, or agree to sell or transfer any display
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. [2002 c 370 40; 1984 c 249 31;
1982 c 230 40; 1961 c 228 79.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.515 Unlawful sales or transfers of consumer
fireworks Penalty. (1) It is unlawful for any person to
offer for sale, sell, or exchange for consideration, any
consumer 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.
(2) No licensee may sell any fireworks to any person
under the age of sixteen.
(3) A violation of this section is a gross misdemeanor.
[2002 c 370 41; 1984 c 249 32; 1982 c 230 41; 1961
c 228 80.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 United States 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. [2002 c 370 42;
1984 c 249 34.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.520 Unlawful to permit fire nuisance where
fireworks kept Penalty. It is unlawful for any person to
allow any combustibles to accumulate in any premises in
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 misdemeanor. [2002 c 370 43; 1984 c 249
33; 1961 c 228 81.]
Severability -2002 c 370: See note following RCW 70.77.126.
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,
from manufacturing or selling any kind of fireworks for
direct shipment out of this state. [1982 c 230 42; 1961 c
22.8 82.]
[Title 70 RCW —page 131]
70.77.530
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 Articles pyrotechnic, special effects for
entertainment media. The assembling, compounding, use,
and display of articles pyrotechnic or special effects in the
production of motion pictures, radio or television produc-
tions, or live entertainment shall be under the direction and
control of a pyrotechnic operator licensed by the state of
Washington and who possesses a valid permit from the city
or county. [2002 c 370 44; 1994 c 133 14; 1984 c 249
35; 1982 c 230 43; 1961 c 228 84.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 133 151
Severability— Effective date -1994 c 133: See notes following
RCW 70.77.146.
70.77.548 Attorney general may institute civil
proceedings— Venue. Civil proceedings to enforce this
chapter may be brought in the superior court of Thurston
county or the county in which the violation occurred by the
attorney general or the attorney of the city or county in
which the violation occurred on his or her own motion or at
the request of the chief of the Washington state patrol,
through the director of fire protection. [2002 c 370 48.]
Severability -2002 c 370: See note following RCW 70.77.126:
70.77.549 Civil penalty— Costs. In addition to
criminal penalties, a person who violates this chapter is also
liable for a civil penalty and for the costs incurred with
enforcing this chapter and bringing the civil action, including
court costs and reasonable investigative and attorneys' fees.
[2002 c 370 49.]
Severability -2002 c 370: See note following RCW 70.77.126.
70.77.550 Short title. This chapter shall be known
and may be cited as the state fireworks law. [1961 c 228
87.]
[Title 70 RCW —page 132]
Title 70 RCW: Public Health and Safety
70.77.555 Local permit and license fees Limits.
(1) A city or county may provide by ordinance for a fee in
an amount sufficient to cover all legitimate costs for all
needed permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, but in
no case to exceed a total of one hundred dollars for any one
retail sales permit for any one selling season in a year,
whether June 28th through July 5th or December 27th
through December 31st, or a total of two hundred dollars for
both selling seasons.
(2) A city or county may provide by ordinance for a fee
in an amount sufficient to cover all legitimate costs for all
display permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, not to
exceed actual costs and in no case more than a total of five
thousand dollars for any one display permit. [2002 c 370
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 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 consumer fireworks that may be sold to
the public. (1) The chief of the Washington state patrol,
through 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 pursuant to this chapter. The chief of the
Washington state patrol, through the director of fire protec-
tion, 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. [2002 c 370 46; 1995 c 369
57; 1986 c 266 117; 1984 c 249 8.]
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.
70.77.580 Retailers to post list of consumer fire-
works. Retailers required to be licensed under this chapter
shall post prominently at each retail location a list of the
consumer 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 protec-
tion, 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
(2002 Ed.)
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 41.1
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.
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.
70.79.090 Exemptions from certain provisions.
70.79.095 Espresso machines —Local regulation prohibited.
70.79.100 Chief inspector— Qualifications— Appointment, removal.
70.79.110 Chief inspector Duties in general.
70.79.120 Deputy inspectors Qualifications— Employment.
70.79.130 Special inspectors Qualifications— Commission.
70.79.140 Special inspectors Compensation— Continuance of com-
mission.
70.79.150 Special inspectors Inspections Exempts from inspection
fees.
70.79.160 Report of inspection by special inspector— Filing.
70.79.170 Examinations for inspector's appointment or commission
Reexamination.
70.79.180 Suspension, revocation of inspector's commission-
Grounds—Reinstatement.
70.79.190 Suspension, revocation of commission Appeal.
70.79.200 Lost or destroyed certificate or commission.
70.79.210 Inspectors Performance bond required.
70.79.220 Inspections —Who shall make.
70.79.230 Access to premises by inspectors.
70.79.240 Inspection of boilers, unfired pressure vessels Scope—
Frequency.
70.79.250 Inspection Frequency —Grace period.
70.79.260 Inspection— Frequency Modification by rules.
70.79.270 Hydrostatic test.
70.79.280 Inspection during construction.
70.79.290 Inspection certificate— Contents Posting —Fee.
70.79.300 Inspection certificate invalid on termination of insurance:
70.79.310 Inspection certificate— Suspension Reinstatement.
7.0.79.320 Operating without inspection certificate prohibited Penalty.
70.79.330 Inspection fees Expenses Schedules.
70.79.350 Inspection fees Receipts for Pressure systems safety fund.
70.79.360 Appeal from orders or acts.
70.79.900 Severability -1951. c 32.
Excessive steam in boilers, penalty: RCW 70.54:080.
State building code.- Chapter 19.27 RCW.
(2002 Ed.)
State Fireworks Law 70.77.910
70.79.010 Board of boiler rules— Members—
Terms Meetings. There is hereby created within this state
a board of boiler rules, which shall hereafter be referred to
as the board, consisting of five members who shall be
appointed to the board by the governor, one for term of
one year, one. for a term of two years, one for a term of
three years, and two for a term of four years.. At the
expiration of their respective terms of office, they, or their
successors identifiable with the.same interests respectively as
hereinafter provided, shall be appointed for terms of four
years each. The governor may at any time remove any
member of the board for inefficiency or neglect of duty in
office. Upon the death or incapacity of any member the
governor shall fill the vacancy for the remainder of the
vacated term with a representative of the same interests with
which his or her predecessor was identified. Of these five
appointed members, one shall be representative of owners
and users of boilers and unfired pressure vessels within the
state, one shall be representative of the boiler or unfired
pressure vessel manufacturers within the, state, one shall be
a representative of a boiler insurance company licensed to do
business within the state, one shall be a mechanical engineer
on the faculty of a recognized engineering college or a
graduate mechanical engineer having equivalent experience,
and one shall be representative of the boilermakers, station-
ary operating engineers, or pressure vessel operators. The
board shall elect one of its members to serve as chair and,
at the call of the chair, the board 'shall meet at least four
times each year'at the state capitol or other place designated
by the board. [1999 c 183 1; 1951 c 32 l.]
70.79.020 Compensation and travel expenses. The
members of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses in-
curred while in the performance of their duties as members
of the board, in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 105; 1975 -'76 2nd ex.s. c 34
159; 1951 c 32 2.]
Legislative findings Severability— Effective date -1984 c 287:
See notes following RCW 43.03.220.
Effective date— Severability- 1975 -'76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
70.79.030 Duties of board. The board shall formulate
definitions and rules for the safe and proper construction,
installation, repair, use, and operation of boilers and for the
safe and proper construction, installation, and repair of
unfired pressure vessels in this state. The definitions and
rules so formulated shall be based upon, and, at all times,
follow the nationally or internationally accepted engineering
standards, formulae, and practices established and pertaining
to boiler and unfired pressure vessel construction and safety,
and the board may by resolution adopt existing published
codifications thereof, and when so adopted the same shall be
deemed incorporated into, and to constitute a part or the
whole-of the definitions' and rules of the board. Amend-
ments and interpretations to the code shall be enforceable
immediately upon being adopted, to the end that the defini-
tions.and rules shall at all times follow nationally or interna-
tionally accepted engineering standards. However, all rules
adopted by the board shall be adopted in compliance with
[Title '70 RCW —page 133]
Printed July 2006
Chapter 8.12
FIREWORKS
Sections:
8.12.010 Sale of Fireworks Prohibited
8.12.020 Ban on Fireworks Discharge
8.12.030 Fireworks Discharge, Enforcement Authority
8.12.040 Fireworks Discharge, Penalties
8.12.010 Sale of Fireworks Prohibited
No person, firm or corporation shall manufacture,
sell, or store fireworks in the City of Tukwila, except
that a person granted a permit for a public display of
fireworks shall be allowed to buy, possess and store
fireworks according to the permit granted.
8.12.020 Ban on Fireworks Discharge
No person or persons shall ignite, explode or
discharge any fireworks or firecrackers within the city
limits of Tukwila, except as provided below:
1. Use by a group or individual for religious or
other specific purposes on an approved date an
approved location pursuant to a permit issued pursuant
to RCW 70.77.311.
2. Use of trick and novelty devices as defined
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.
TITLE 8 PUBLIC PEACE, MORALS AND SAFETY
$100.
e. The fee for a public display shall be
f. Permits granted shall be in effect for
the specified single event, date and time specified in
the permit. Such permit shall not be transferable.
g. Any applicant who feels he /she has
been denied a permit for reasons other than those set
forth in this section, is entitled to appeal the written
decision in accordance with procedures set forth in
TMC 8.45.060 relating to appeals from notice and
orders.
8.12.030 Fireworks Discharge, Enforcement Authority
The Chief of Police and Fire Marshal are both
directed to administer and enforce the provisions of this
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
8.12.040 Fireworks Discharge, Penalties
Any person who violates any portion of this
ordinance shall be subject to having their fireworks
confiscated as provided for in RCW 70.77.435, and
shall be guilty of a civil violation and penalty as
provided in TMC Chapter 8.45.
17$1 S; 199 6
Page 8 -13
70.74.400
sives were forfeited, the person from whom the explosives
were seized loses all rights of action against the law enforce-
ment agency or its employees acting within the scope of
their employment, or other governmental entity or employee
involved with the seizure and destruction of explosives.
(10) This section is not .intended_ to change the seizure
and forfeiture powers, enforcement, and penalties available
to the department of labor and industries pursuant to chapter
49.17 RCW as provided in RCW 70.74.390. [2002 c:370
3; 1993 c 293 8.]
Severability -2002 c 370: See note following RCW 70.77.126'.
Severability -1993 c 293: See note following RCW 70.74.010.
70.74.410. Reporting theft or loss 'of explosives. A
person who knows of a theft or loss of explosives for which
that person is responsible under this chapter shall report the
theft or loss to the local law enforcement agency within
twenty -four hours of discovery of the theft or loss. The
local law enforcement agency shall immediately report the
theft or loss to the department of labor and industries. [1993
c293 §9.]
Severability-1993 c 293: See note following RCW 70.74.010.
Chapter 70.75
FIRE FIGHTING EQUIPMENT
STANDARDIZATION
Sections.
70.75.010 Standard thread specified Exceptions.
70.75.020 Duties of chief of the Washington state patrol.
70.75:030 Duties of chief of the Washington state patrol— Notification
of industrial establishments and property owners having
equipment.
70.75.040 Sale of nonstandard equipment as misdemeanor
Exceptions.
70.75.900 Severability -1967 c 152.
70.75.010 Standard thread specified Exceptions.
All equipment for fire protection purposes, other than for
forest fire fighting, purchased by state and municipal
authorities, or any..other authorities having charge of public
property, shall.be•eq'uipped with the standard threads
designated as the national standard thread as adopted by the
American Insurance Association and defined in its pamphlet
No. 194, dated 1963: PROVIDED, That this section shall
not apply to steamer connections on fire hydrants. [1967 c
152 §1.]
70.75.020 Duties of chief of the Washington state
patrol: The standardization of existing fire protection
equipment in this state shall be arranged for and carried out
by or under the direction of the chief of the Washington
state patrol, through the director of fire protection. He or
she shall provide the appliances necessary for carrying on
this work, shall proceed with such standardization as rapidly
as possible, and shall require the completion of such work
within a period of five years from June 8, 1967: PROVID-
ED, That the chief of the Washington state patrol, through
the director of fire protection, may exempt special purpose
fire equipment and existing fire protection equipment from
standardization when it is established that such equipment is
[Title 70 RCW —page 120]
Title 70 RCW: Public Health and Safety
not essential to the coordination of public fire protection
operations. [1995 c 369 41; 1986 c 266 96; 1967 c 152
2.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
70.75.030 Duties of chief of the Washington state
patrol— Notification of industrial establishments and
property owners having equipment. The chief of the
Washington state patrol, through the director of fire protec-
tion, shall notify industrial establishments and property
owners having equipment, which may be necessary for fire
department use in protecting the property or putting out fire,
Of any changes necessary to bring their equipment up to the
requirements of the standard established by RCW 70.75.020,
and shall render such assistance as may be available for
converting substandard equipment to meet standard specifica-
tions and requirements. [1995 c 369 42; 1986 c 266 97;
1967 c 152 3.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
70.75.040 Sale of nonstandard equipment as
misdemeanor— Exceptions. Any person who, without
approval of the chief of the Washington state patrol, through
the director of fire protection, sells or offers for sale in
Washington any fire hose, fire engine or other equipment for
fire protection purposes which is fitted or equipped with
other than the standard thread is guilty of a misdemeanor:
PROVIDED, That fire equipment for special purposes, re-
search, programs, forest fire fighting, or special features of
fire protection equipment found appropriate for uniformity
within a particular protection area may be specifically
exempted from this requirement by order of the chief of the
Washington state patrol, through the director of fire pro-
tection. [1995 c 369 43; 1986 c 266 98; 1967 c 152
4.]
Effective date -1995 c 369: See note following RCW 43.43.930.
Severability -1986 c 266: See note following RCW 38.52.005.
70.75.900 Severability -1967 c 152. 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. [1967 c 152 5.]
Chapter 70.77
STATE FIREWORKS LAW
Sections
70.77.111 Intent.
70.77.120 Definitions —To govern chapter.
70.77.124 Definitions "City."
70.77.126 Definitions "Fireworks."
70.77.131 Definitions "Display fireworks."
70.77.136 Definitions— "Consumer fireworks."
70.77.138 Definitions "Articles pyrotechnic."
70.77.141 Definitions "Agricultural and wildlife fireworks."
70.77:146 Definitions "Special effects."
70.77.160 Definitions "Public display of fireworks."
70.77.165 Definitions —"Fire nuisance."
(2002 Ed.)
70.77.170 Definitions "License."
70.77.175 Definitions "Licensee."
70.77.177 Definitions "Local fire official."
70.77.180 Definitions "Permit."
70.77.182 Definitions— "Permittee."
70.77.190 Definitions— "Person."
70.77.200 Definitions—Importer."
70.77.205 Definitions "Manufacturer."
70.77.210 Definitions "Wholesaler."
70.77.215 Definitions "Retailer."
70.77.230 Definitions "Pyrotechnic operator."
70.77.236 Definitions "New fireworks item."
70.77.241 Definitions "Permanent storage "Temporary storage."
70.77.250 Chief of the Washington state patrol to enforce and'adminis-
ter— Powers and duties.
70.77.252 Civil penalty— Notice Remission, mitigation, review.
70.77.255 Acts prohibited without appropriate licenses and permits
Minimum age for license or permit Activities permit-
ted without license or permit.
70.77.260 Application for permit.
70.77.265 Investigation, report on permit application.
70.77.270 Governing body to grant permits— Statewide standards
Liability insurance.
70.77.280 Public display permit— Investigation Governing body to
grant— Conditions.
70.77.285 Public display permit —Bond or insurance for liability.
70.77.290 Public display permit— Granted for exclusive purpose.
70.77.295 Public display permit Amount of bond or insurance.
70.77.305 Chief of the Washington state patrol to issue licenses
Registration of in -state agents.
70.77.311 Exemptions from licensing— Purchase of certain agricultural
and wildlife fireworks by government agencies
Purchase of consumer fireworks by religious or private
organizations.
70.77.315 Application for license.
70.77.320 Application for license to be signed.
70.77.325 Annual application for a license— Dates.
70.77.330 License to engage in particular act to be issued if not con-
trary to public safety or welfare Transportation of
fireworks authorized.
70.77.335 License authorizes activities of sellers, authorized represen-
tatives, employees.
70.77.340 Annual license fees.
70.77.343 License fees Additional.
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
application.
70.77.360 Denial of license for material misrepresentation or if con-
trary to public safety or welfare.
70.77.365 Denial of license for failure to meet qualifications or condi-
tions.
70.77.370 Hearing on denial of license.
70.77.375 Revocation of license.
70.77.381 Wholesalers' and retailers Liability insurance requirements.
70.77.386 Retailers— Purchase from licensed wholesalers.
70.77.395 Dates and tunes consumer fireworks may be sold or dis-
charged —Local governments may limit, prohibit sale or
discharge of fireworks.
70.77.401 Sale of certain fireworks prohibited:
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 Permanent storage permit required— Application—
Investigation —Grant or denial Conditions.
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.
70.77.440 Seizure of fireworks— Proceedings for forfeiture Disposal
of confiscated fireworks.
70.77.450 Examination, inspection of books and premises.
70 Licensees to maintain and make available complete re-
cords— Exemption from 'public disclosure act.
70.77A60 Reports, payments deemed made when filed or paid or date
mailed.
70.77.480 Prohibited transfers of fireworks.
(2002 Ed.)
State Fireworks Law Chapter 70.77
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 display fireworks Penalty.
70.77.515 Unlawful sales or transfers of•consumer 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 purposes, forest protection.
70.77.535 Articles pyrotechnic, special effects for entertainment media.
70.77.540 Penalty.
70.77.545 Violation a separate, continuing offense.
70.77.547 Civil enforcement not precluded.
70.77.548 Attorney general may institute civil proceedings— Venue.
70.77:549 Civil penalty— Costs.
70.77.550 Short title.
70.77.555 Local permit and license fees Limits.
70.77.575 Chief of the Washington state patrol to provide list of con-
sumer fireworks that may be sold to the public.
70.77.580 Retailers to post list of consumer 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 'l.]
Severability -1995 c 61: "If any provision of this act or its
application to any person or circumstance is held invalid,. the iemainder_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.]
70.77.120 Definitions —To govern chapter. The
definitions set forth in this chapter shall the construc-
tion of this chapter, 'unless the context otherwise requires.
[1961 c 228 1.]
70.77.124 Definitions "City." "City" means any
incorporated city pr,town. [1995 c 61 2; 1994 c 133 2.]
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.
70.77.126 Definitions "Fireworks." "Fireworks"
means any composition or device designed to produce a
visible or 'addible effect by combustion, deflagration, or
detonation; and which meets 'the definition of articles
pyrotechnic or consumer fireworks or display fireworks.
[2002 c 370 4; 1995 c 61 3; 1984 c 249 1; 1982 c 230
§1.]
Severability -2002 c 370: "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." [2002 c 370 50.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
[Title 70 RCW —page 121]
70.77.131 Title 70 R.CW Public Health and Safety
70.77.131 Definitions "Display fireworks."
"Display fireworks" means large fireworks designed primari-
ly to produce visible or audible effects by combustion,
deflagration, or detonation. and- includes, but is not limited to,
salutes containing more than 2 grains (130.mg) of explosive
materials, aerial shells containing more than 40 grams of
pyrotechnic compositions, and other display' pieces which
exceed the limits of explosive materials for classification as
"consumer fireworks" and are classified as fireworks
UNO333, UNO334, or UNO335 by the United States depart-
ment of transportation at 49 C.F.R. Sec. 172.101 as of June
13, 2002, and including fused setpieces containing compo-
nents which exceed 50 mg of salute powder. [2002 c 370
5; 1995 c 61 4; 1984 c 249 2; 1982 c 230 2.]
Severability-2002 c 370: See note following RCW 70.77.126.
Severability Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.136 Definitions "Consumer fireworks."
"Consumer fireworks" means any small firework device
designed to produce visible effects by combustion and which
must comply with the construction,. chemical composition,
and labeling regulations of the United States consumer
product safety commission, as set forth in 16 .C Parts
1500 and 1507 and including some small devices designed
to produce audible effects, such as whistling devices, ground
devices 'containing 50 mg or less of explosive. materials, and
aerial devices containing 130 mg or less of explosive materi-
als and classified as fireworks UNO336.by the United States
department of transportation at 49 C.F.R.. Sec. 172.101 as of
June 13,:2002, and not including fused setpieces containing
components which together exceed 50 mg of salute powder.
[2002 c 370 6; 1995 c 61 5; 1984 c 249 3; 1982 c 230
3.]
Severability -2002 c 370: See note .following RCW 70.77.126.
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.138 Definitions "Articles pyrotechnic."
"Articles pyrotechnic" means pyrotechnic devices for
professional use similar to consumer fireworks in chemical
composition and construction but not intended for consumer
use which meet the weight limits for consumer fireworks but
which are not labeled as such and which are classified as
UN0431 or UN0432 by the United States department of
transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002.
[2002 c 370 7.]
Severability-2002 c 370: See note following RCW 70.77.126.
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 or an
equivalent state or local governmental agency. [2002 c 370
8; 1982 c 230 4.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.146 Definitions "Special effects." "Special
effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the
[Title 70 RCW —page 122]
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, 1994]." (1994 c 133 18.]
70.77.160 Definitions "Public display of fire-
works." "Public display of fireworks" means an entertain-
ment feature where the public is or could be admitted or
allowed to view the display or discharge of display fire-
works. [2002'c 370 9; 1997 c 182 1; 1982 c 230 6;
1961 c 228 9.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
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, through the director of fire protec-
tion, is authorized to issue under this chapter to allow a
person to engage in the act specifically designated therein.
[2002 c 370 10; 1995 c 369 44; 1986 c 266 99; 1982
c 230 7; 1961 c 228 11.]
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.
70.77.175 Definitions "Licensee." "Licensee"
means any person issued a fireworks license in conformance
with this chapter. [2002 c 370 11; 1961 c 228 12.]
Severability-2002 c 370: See note following RCW 70.77.126.
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
(2002.Ed.)
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 authorization granted by a city or county for the
purpose of establishing and maintaining a place within the
jurisdiction of the city or county where fireworks are
manufactured, constructed, produced, packaged, stored, sold,
or exchanged and the official authorization granted by a city
or county for a public display of fireworks. [2002 c 370
12; 1995 c 61 9; 1984 c 249 5; 1982 c 230 8; 1961 c
228 13.]
Severability -2002 c 370: See note following RCW 70.77.126.
Severability Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.182 Definitions "Permittee." Permittee"
means any person issued a fireworks permit in conformance
with this chapter. [2002 c 370 13.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
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.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.205 Definitions "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 consumer fireworks
items or sets or packages containing consumer fireworks
items. [2002 c 370 14; 1995 c 61 11; 1961 c 228 18.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display
fireworks to public display licensees. [2002 c 370 15;
1982 c 230.§ 9; 1961 c 228 19.]
Severability -2002 c 370: See note following RCW 70.77.126.
(2002 Ed.)
State Fireworks Law 70.77.177
70.77.215 Definitions "Retailer." "Retailer"
includes any person who, at a fixed location or place of
business, offers for sale, sells, or exchanges for consideration
consumer fireworks to a consumer or user. [2002 c 370
16; 1982 c 230 10; 1961 c 228 20.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display
fireworks. [2002 c 370 17; 1982 c 230 11; 1961 c 228
23.]
Severability -2002 c 370: See note following RCW 70.77.126.
70.77.236 Definitions "New fireworks item." (1)
"New fireworks item" means any fireworks initially classi-
fied or reclassified as articles pyrotechnic, display fireworks,
or consumer fireworks by the United States department of
transportation after June 13, 2002, and which comply with
the construction, chemical composition, and labeling regula-
tions of the United States consumer products safety commis-
sion, 16 C.F.R., Parts 1500 and 1507.
(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 department of transportation and the United
States consumer product safety commission. The chief of
the Washington state patrol, through the director of fire pro-
tection, may determine, stating reasonable grounds, that the
item should not be so classified. [2002 c 370 18; 1997 c
182 4; 1995 c 61 6.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
70.77.241 Definitions "Permanent storage"
"Temporary storage." (1) "Permanent storage" means
storage of display fireworks at any time and/or storage of
consumer fireworks at any time other than the periods
allowed under RCW 70.77.420(2) and 70.77.425 and which
shall be in compliance with the requirements of chapter
70.74 RCW.
(2) "Temporary storage" means the storage of consumer
fireworks during the periods allowed under RCW
70.77.420(2) and 70.77.425. [2002 c 370 34.]
Severability -2002 c 370: See note following RCW 70.77.12.6.
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
[Title 70 RCW —page 123]
70.77.250
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 statewide minimum standards for the
enforcement of.this chapter. Counties and cities shall
comply with these state rules. Any ordinances adopted by
a county or city 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 and city, county, or local government agency having
general law enforcement powers from enforcing this. chapter
within the jurisdiction of the agency and city, county, or
local government.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall adopt rules necessary to
enforce the civil penalty provisions for the violations of this
chapter. A civil penalty under this subsection may not
exceed one thousand dollars per day for each violation and
is subject to the procedural. requirements under RCW
70.77.252.
(7) The chief of the Washington state patrol, through the
director of fire protection, may investigate or cause to be
investigated all fires resulting, or suspected of resulting, from
the use of fireworks. [2002 c 370 19; 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.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
70.77.252 Civil penalty Notice— Remission,
mitigation, review. (1) The penalty provided for in RCW
70.77.250(6) shall be imposed by a notice in writing to the
person against whom the civil fine is assessed and shall
describe the violation with reasonable particularity. The
notice shall be personally served in the manner of service of
a summons in a civil action or in sa. manner which shows
proof of receipt. Any penalty imposed by RCW
70.77.250(6) shall become due and payable twenty -eight
days after receipt of notice unless application for remission
or mitigation is made as provided in subsection (2) of this
section or unless application for an adjudicative proceeding
is filed as provided in subsection (3) of this section.
(2) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the
chief of the Washington state patrol, through the director of
fire protection, for the remission or mitigation of the penalty.
Upon receipt of the application; the chief of the Washington
state patrol; through the director of fire protection, may remit
or mitigate the penalty upon whatever terms the chief of the
Washington state patrol, through the director of fire protec-
tion, deems proper, giving consideration to the degree of
hazard associated with the violation. The chief of the
[Title 70 RCW —page 124]
Title 70 RCW: Public Health and Safety
Washington state patrol, through the director of fire pro-
tection, may only grant a remission or mitigation that it
deems to be in the best interests of carrying out the purposes
of this chapter. The chief of the Washington state patrol,
through the director of fire protection, may ascertain the
facts regarding all such applications in a manner it deems
proper. When an application for remission or mitigation is
made, any penalty incurred under RCW 70.77.250(6)
becomes due and payable twenty-eight days after receipt of
the notice setting forth the disposition of the application,
unless an application for an adjudicative proceeding to
contest the disposition is filed as provided in subsection (3)
of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of
the chief of the Washington state patrol, through the director
of fire protection.
(4) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon
service of the final order.
(5) The attorney general may bring an action in the
name of the chief of the Washington state patrol, through the
director of fire protection, in the superior court of Thurston
county or of any county in which the violator may do busi-
ness to collect any penalty imposed under this chapter.
(6) All penalties imposed under this section shall be
paid to the state treasury and credited to the fire services
trust fund and used as follows: At least fifty percent is for
a statewide public education campaign developed by the
chief of the Washington state patrol, through the director of
fire protection, and the licensed fireworks industry emphasiz-
ing the safe and responsible use of legal fireworks; and the
remainder is for statewide efforts to enforce this chapter.
[2002 c 370 20.]
Severability-2002 c 370: See note following RCW 70.77.126.
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 licensee or 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,
as 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 display fireworks at any
place.
(3) No person less than eighteen years of age may apply
for or receive a license or permit under this chapter.
(4) No license or permit is required for the possession
or use of consumer fireworks lawfully purchased at retail.
(2002 Ed.)
[2002 c 370 21; 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 -2002 c 370: See note following RCW 70.77.126.
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 license holders to file 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
Statewide standards Liability insurance. (1) The gov-
erning 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, statewide
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
(2002 Ed.)
State Fireworks Law 70.77.255
property damage liability for each occurrence, unless such
insurance is not readily available from at least three ap-
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 licensee unless the wholesaler
determines that the retail fireworks licensee is covered by
,liability insurance in the same, or greater, amount as provid-
ed in this subsection. [2002 c 370 22; 1997 c 182 8;
1995 c 61 14; 1994 c 133 6; 1984 c 249 13; 1961 c
228 31.]
Severability-2002 c 370: See note following RCW 70.77.126.
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 peron. 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.
[Title 70 RCW —page. 125]
70.77.290 Title 70 RCW: Public Health and Safety
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.]
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,
except as provided in RCW 70.77.311 and 70.77.395. A
person may be licensed as a manufacturer, importer, or
wholesaler under this chapter only if the person has a desig-
nated agent in this state who is registered with the chief of
the Washington state patrol, through the director of fire
protection. [2002 c 370 23; 1995 c 369 46; 1986 c 266
101; 1984 c 249 18; 1982 c 230 18; 1961 c 228 38.]
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.
70.77.311 Exemptions from licensing— Purchase of
certain agricultural and wildlife fireworks by government
agencies— Purchase of consumer 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 consumer
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;
[Title 70 RCW —page 126]
(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. [2002 c 370 24; 1995
c 61 17; 1984 c 249 19; 1982 c 230 19.]
Severability -2002 c 370: See note following RCW 70.77.126.
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), 70.77.311, and 70.77.395, 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. [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.]
Severability-2002 c 370: See note following RCW 70.77.126.
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
1 for annual sales commencing on June 28 and on December
27, or no later than November 1 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.
(2002 Ed.)
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 is not
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. [2002 c 370 26; 1995
c 369 48; 1986 c 266 §'•104; 1982 c 230 22; 1961 c 228
§43.]
'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.
70.77.335 License authorizes. activities of sellers,
authorized representatives, employees. The authorization
to engage in the particular act or acts conferred by a license
to a person shall extend to sellers, authorized representatives,
and other employees of such person. [2002 c 370 27;
1982 c 230 23; 1961 c 228 44.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display fireworks 10.00
Pyrotechnic operator for display fireworks 5.00
[2002 c 370 28; 1982 c 230 24; 1961 c 228 45.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 display fireworks 40.00
Pyrotechnic operator for display 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
statewide enforcement efforts against the sale and use of
fireworks that are illegal under this chapter. [2002 c 370
29; 1997 c .182 12; 1995 c 61 19; 1991 c 135 6.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.
(2002 Ed.)
State Fireworks Law 70.77.330
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.]
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 Iicense 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 70.7,7.260. [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..
[Title. 70 .RCW —page 127]
70.77.360 Title 70 RCW': Public Health and Safety
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 slate 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.]
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.]
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;1.982
c 230 30; 1961 c 228 52.]
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-
[Title 70 RCW page 128]
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
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 licensee unless the wholesaler
determines that the retail licensee carries liability insurance
in the same, or greater, amount as provided in subsection (1)
of this section. [2002 c 370 30; 1995 c'61 27.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
Severability— Effective date -1995 c 61: See notes following RCW
70.77.111.
70.77.395 Dates and times consumer fireworks may
be sold or discharged —Local governments may limit,
prohibit sale or discharge of fireworks. (1) It is legal to
sell and purchase consumer fireworks within this state from
twelve o'clock noon to eleven o'clock p.m. on the twenty-
eighth of June, from nine o'clock a.m. to eleven o'clock
p.m. on each day from the twenty -ninth of June through the
fourth of July, from nine o'clock a.m. to nine o'clock p.m.
on the fifth of July, from twelve o'clock noon to eleven
o'clock p.m. on each day from the twenty-seventh of
December through the thirty -first of December of each year,
and as provided in RCW 70.77.311.
(2) Consumer fireworks may be used. or discharged each
day between the hours of twelve o'clock noon and eleven
o'clock p.m. on the twenty- eighth of June and between the
hours of nine o'clock a.m. and eleven o'clock p.m. on the
twenty -ninth of June to the third of July, and on July 4th
between the hours of nine o'clock a.m. and twelve o'clock
midnight, and between the hours' of nine o'clock a.m. and
eleven o'clock'p.m. on July 5th, and from six o'clock p.m.
on December 31st until one o'clock a.m. on January 1st of
the subsequent year, and as provided in RCW 70.77.311.
(3) A city or county may enact an ordinance within
sixty days of June 13, 2002, to limit or prohibit the sale,
(2002 Ed.)
70.77.435 Title 70 RCW: Public Health and Safety
Severability-1986 c 266:. See note following RCW 38.52.005.
70.77.440 Seizure of fireworks Proceedings for
forfeiture Disposal of confiscated fireworks. (I) 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 ROW, 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 at
any time subsequent to thirty days from such seizure or ten
days froth the final termination of proceedings under this
section, whichever is later; 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
[Title 70. RCW —page 130]
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 as follows: At least
fifty percent is for a statewide public education campaign
developed by the chief of the Washington state patrol,
through the director of fire protection, and the licensed fire-
works industry emphasizing the safe and responsible use of
legal fireworks; and the remainder is for statewide efforts to
enforce this chapter. [2002 c 370 38; 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 -2002 c 370: See note following RCW 70.77.126.
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; 1961c228 §67:]
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.
70.77.455 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.
(2002 Ed.)
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.]
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.]
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.]
70.77.495 Forestry permit to set off fireworks in
forest, brush, fallow, etc. It is unlawful for 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
Washington state department of natural resources or its duly
authorized agent, and in strict accordance with the terms of
the permit and any other applicable law. [2002 c 370 39;
1988 c 128 11; 1961 c 228 76.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.510 Unlawful sales or transfers of display
fireworks— Penalty. It is unlawful for any person knowing-
(2002 Ed.)
State Fireworks Law 70.77.455
ly to sell, transfer, or agree to sell or transfer any display
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. [2002 c 370 40; 1984 c 249 31;
1982 c 230 40; 1961 c 228 79.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.515 Unlawful sales or transfers of consumer
fireworks— Penalty. (1) It is unlawful for any person to
offer for sale, sell, or exchange for consideration, any
consumer 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.
(2) No licensee may sell any fireworks to any person
under the age of sixteen.
(3) A violation of this section is a gross misdemeanor.
[2002 c 370 41; 1984 c 249 32; 1982 c 230 41; 1961
c 228 80.]
Severability -2002 c 370: See note following RCW 70.77.126.
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 United States 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. [2002 c.370 42;
1984 c 249 34.]
Severability-2002 c 370: See note following RCW 70.77.126.
70.77.520 Unlawful to permit fire nuisance where
fireworks kept Penalty. It is unlawful for any person to
allow any combustibles to accumulate in any premises in
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 misdemeanor. [2002 c 370 43; 1984 c 249
33; 1961 c 228 81.]
Severability -2002 c 370: See note following RCW 70.77.126.
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,
from manufacturing or selling any kind of fireworks for
direct shipment out of this state. [1982 c 230 42; 1961 c
228 82.].
[Title 70 RCW —page 131]
70.77.530 Title 70 RCW:
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. [1.961.c 228
83.]
70.77.535 Articles pyrotechnic, special effects for
entertainment media. The assembling, compounding, use,
and display of articles pyrotechnic or special effects in the
production of motion pictures, radio or television produc-
tions, or live entertainment shall be under the direction and
control of a pyrotechnic operator licensed by the state of
Washington and who possesses a valid permit from the city
or county. [2002 c 370 44; 1994 c 133 14; 1984 c 249
35; 1982 c 230 43; 1961 c 228 84.]
Severability -2002 c 370: See note following RCW 70.77.126.
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.]
Severability— Effective date -1994 c 133: See notes following
RCW 70.77.146.
70.77.548 Attorney general may institute civil
proceedings— Venue. Civil proceedings to enforce this
chapter may be brought in the superior court of Thurston
county or the county in which the violation occurred by the
attorney general or the attorney of the city or county in
which the violation occurred on his or her own motion or at
the request of the chief of the Washington state patrol,
through the director of fire protection. [2002 c 370 48.]
Severability -2002 c 370: See note following RCW 70.77.126:
70.77.549 Civil penalty— Costs. In addition to
criminal penalties, a person who violates this chapter is also
liable for a civil penalty and for the costs incurred with
enforcing this chapter and bringing the civil action, including
court costs and reasonable investigative and attorneys' fees.
[2002 c 370 49.]
Severability -2002 c 370: See note following RCW 70.77.126.
70.77.550 Short title. This chapter shall be known
and may be cited as the state fireworks law. [1961 c 228
87.]
[Title 70 RCW —page 132]
Public Health and Safety
70.77.555 Local permit and license fees Limits.
(1) A city or county may provide by ordinance for a fee in
an amount sufficient to cover all legitimate costs for all
needed permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, but in
no case to exceed a total of one hundred dollars for any one
retail sales permit for any one selling season in a year,
whether June 28th through July 5th or December 27th
through December 31st, or a total of two hundred dollars for
both selling seasons.
(2) A city or county may provide by ordinance for a fee
in an amount sufficient to cover all legitimate costs for all
display permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, not to
exceed actual costs and in no case more than a total of five
thousand dollars for any one display permit. [2002 c 370
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— 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 consumer fireworks that may be sold to
the public. (1) The chief of the Washington state patrol,
through 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 pursuant to this chapter. The chief of the
Washington state patrol, through the director of fire protec-
tion, 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. [2002 c 370 46; 1995 c 369
57; 1986 c 266 117; 1984 c 249 8.]
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.
70.77.580 Retailers to post list of consumer fire-
works. Retailers required to be licensed under this chapter
shall post prominently at each.retail location a list of the
consumer 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 protec-
tion, 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
(2002 Ed.)
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 b oard.
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.
70.79.090 Exemptions from certain provisions.
70.79.095 Espresso machines —Local regulation prohibited.
70.79.100 Chief inspector Qualifications— Appointment, removal.
70.79.110 Chief inspector Duties in general.
70.79.120 Deputy inspectors Qualifications— Employment.
70.79.130 Special inspectors Qualifications— Commission.
70.79.140 Special inspectors Compensation— Continuance of com-
mission.
70.79.150 Special inspectors— Inspections— Exempts from inspection
fees.
70.79.160 Report of inspection by special inspector Filing.
70.79.170 Examinations for inspector's appointment or commission
Reexamination.
70.79.180 Suspension, revocation of inspector's commission
Grounds— Reinstatement.
70.79.190 Suspension, revocation of commission— Appeal.
70.79.200 Lost or destroyed certificate or commission.
70.79.210 Inspectors— Performance bond required.
70.79.220 Inspections —Who shall make.
70.79.230 Access to premises by inspectors.
70.79.240 Inspection of boilers, unfired pressure vessels— Scope—
Frequency.
70.79.250 Inspection— Frequency —Grace period.
70.79.260 Inspection Frequency— Modification by rules.
70.79.270 Hydrostatic test.
70.79.280 Inspection during construction.
70.79.290 Inspection certificate— Contents— Posting —Fee.
70.79.300 Inspection certificate invalid on termination of insurance:
70.79.310 Inspection certificate— Suspension Reinstatement.
7.0.79.320 Operating without inspection certifrcate.prohibited— Penalty.
70.79.330 Inspection fees Expenses Schedules.
70.79.350 Inspection fees Receipts for Pressure systems safety fund.
70.79.360 Appeal from orders or acts,
70.79.900 Severability -1951. c.32.
Excessive steam in boilers, penalty: RCW 70.54.080.
State building code: Chapter 19.27 RCW.
(2002 Ed.)
State Fireworks Law 70.77.910
70.79.010 Board of boiler rules— Members—
Terms Meetings. There is hereby created within this state
a board of boiler rules, which shall hereafter be referred to
as the board, consisting of five members who shall be
appointed to the board by the governor, one for a term of
one year, one. for a term of two years, one for a term of
three years, and two for a term of four years.. At the
expiration of their respective terms of office, they, or their
successors identifiable with the,same interests respectively as
hereinafter provided, shall be appointed for terms of four
years each. The governor may at any time remove any
member of the board for inefficiency or neglect of duty in
office. Upon the death or incapacity of any member the
governor shall fill the vacancy for the remainder of the
vacated term with a representative of the same interests with
which his or her predecessor was identified. Of these five
appointed members, one shall be representative of owners
and users of boilers and unfired pressure vessels within the
state, one shall be representative of the boiler or unfired
pressure vessel manufacturers within the, state, one shall be
a representative of a boiler insurance company licensed to do
business within the state, one shall be a mechanical engineer
on the faculty of a recognized engineering college or a
graduate mechanical engineer having equivalent experience,
and one shall be representative of the boilermakers, station-
ary operating engineers, or pressure vessel operators. The
board shall elect one of its members to serve as chair and,
at the call of the chair, the board'shall meet at least four
times each year'at the state capitol or other place designated
by the board. [1999 c 183 1; 1951 c 32 1.]
70.79.020 Compensation and travel expenses. The
members of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses in-
curred while in the performance of their duties as members
of the board, in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 105; 1975 -'76 2nd ex.s. c 34
159; 1951 c 32 2.]
Legislative findings Severability— Effective date -1984 c 287:
See notes following RCW 43.03.220.
Effective date— Severability- 1975 -'76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
70.79.030 Duties of board. The board shall formulate
definitions and rules for the safe and proper construction,
installation, repair, use, and operation of boilers and for the
safe and proper construction, installation, and repair of
unfired pressure vessels in this state. The definitions and
rules so formulated shall be based upon, and, at all times,
follow the nationally or internationally accepted engineering
standards, fonuulae, and practices established and pertaining
to boiler and unfired pressure vessel construction and safety,
and the board may by resolution adopt existing published
codifications thereof, and when so adopted the same shall be
deemed incorporated into, and to constitute a part or the
whole•of the definitions' and rules of the board. Amend-
ments and interpretations *to the code shall be enforceable
immediately upon being adopted, to' the end that the defini-
tions and rules shall at all times follow nationally or interna-
tionally accepted engineering standards. However, all rules
adopted by the board shall be adopted in compliance with
[Title 70 RCW —page 133]