Title 70 — Title 70 PUBLIC HEALTH AND SAFETY

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 prohibitory.[ 1995 c 61 s 1.]Notes:Severability—1995 c 61: "If any provision o…

The definitions set forth in this chapter shall govern the construction of this chapter, unless the context otherwise requires.[ 1961 c 228 s 1.]

"City" means any incorporated city or town.[ 1995 c 61 s 2; 1994 c 133 s 2.]Notes: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.

"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 s 4; 1995 c 61 s 3; 1984 c 249 s …

"Display fireworks" means large fireworks designed primarily 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 …

"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. Pa…

"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 class…

"Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency.[ 2002 c 370 s 8; …

"Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, rad…

"Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.[ 2002 c 370 s 9; 1997 c 182 s 1; 1982 c 230 s 6; 1961 c 228 s 9.]Notes:Severability—2002 c 370: See note followi…

"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…

"License" means a nontransferable formal authorization which the chief of the Washington state patrol, through the director of fire protection, is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.[ 2002 c 370 s 10; 1995…

"Licensee" means any person issued a fireworks license in conformance with this chapter.[ 2002 c 370 s 11; 1961 c 228 s 12.]Notes:Severability—2002 c 370: See note following RCW 70.77.126.

"Local fire official" means the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to act as a local fire official under this chapter.[ 1994 c 133 s 3; 1984 c 249 s 6.]Notes:Sever…

"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 offici…

"Permittee" means any person issued a fireworks permit in conformance with this chapter.[ 2002 c 370 s 13.]Notes:Severability—2002 c 370: See note following RCW 70.77.126.

"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 s 15.]

"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 firew…

"Manufacturer" 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 firewo…

"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 s 15; 1982 c 230 s 9; 1961 c 228 s 19.]Notes:Severability—2002 c 370: See note following RCW 70.77…

"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 s 16; 1982 c 230 s 10; 1961 c 228 s 20.]Notes:Severability—2002 c 370: See note following RCW…

"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 s 17; 1982 c 230 s 11; 1961 c 228 s 23.]Notes:Severability—2002 c 370: See note follo…

(1) "New fireworks item" means any fireworks initially classified 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,…

(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 s…

(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 an…

(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 summo…

(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 firew…

(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 fo…

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 recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city or count…

(1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The permit shall be granted by June 10, or no …

The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investiga…

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 evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by RCW 70.77.295 and sha…

If a permit under RCW 70.77.260(2) for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only.[ 1997 c 182 s 9; 1984 c 249 s 16; 1961 c 228 s 35.]Notes:Severability—Effective date—1997 c 182: Se…

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 li…

The chief of the Washington state patrol, through the director of fire protection, has the power to issue licenses for the manufacture, 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 manu…

(1) No license is required for the purchase of agricultural and wildlife fireworks by government 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…

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…

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 corporation and bear the seal of th…

(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 additional year. The application shall be accompanied by the annual license fees as prescribed in RCW 70.77.343 …

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 pa…

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 s 27; 1982 c 230 s 23; 1961 c 228 s 44.]Notes:Severability—2002 c 370: See note follow…

The original and annual license fee shall be as follows:Manufacturer . . . .$500.00Importer . . . .100.00Wholesaler . . . .1,000.00Retailer (for each separate retail outlet) . . . .10.00Public display for display fireworks . . . .10.00Pyrotechnic operator for display fireworks . …

(1) License fees, in addition to the fees in RCW 70.77.340, shall be charged as follows:Manufacturer . . . .$1,500.00Importer . . . .900.00Wholesaler . . . .1,000.00Retailer (for each separate outlet) . . . .30.00Public display for display fireworks . . . .40.00Pyrotechnic operat…

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 s 13; 1995 c 61 s 20; 1991 c 135 s 5; 198…

(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…

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 chie…

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 t…

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 s 10; 1989 c 175 s 129; 1…

The chief of the Washington state patrol, through the director of fire protection, 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 mad…

(1) Every wholesaler shall carry liability insurance for each wholesale and retail fireworks outlet it operates in the amount of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and no…