Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.77.401 Sale of certain fireworks prohibited.
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No fireworks may be sold or offered for sale to the public as consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety c…
RCW 70.77.405 Authorized sales of toy caps, tricks, and novelties.
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Toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as consumer fireworks may be sold at all times unless prohibited by local ordinance.[ 2002 c 370 s 33; 1982 c 230 s 32; 1961 c 228 s…
RCW 70.77.410 Public displays not to be hazardous.
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All public displays of fireworks shall be of such a character and so located, discharged, or fired as not to be hazardous or dangerous to persons or property.[ 1961 c 228 s 59.]
RCW 70.77.415 Supervision of public displays.
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Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the chief of the Washington state patrol, through the director of fire protection, under RCW 70.77.255.[ 1995 c 369 s 52; 1986 c 266 s 109; 1984 c 249 s 25; 1982 c 230 s 33; 196…
RCW 70.77.420 Permanent storage permit required—Application—Investigation—Grant or denial—Conditions.
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(1) It is unlawful for any person to store permanently fireworks of any class without a permit for such permanent storage from the city or county in which the storage is to be made. A person proposing to store permanently fireworks shall apply in writing to a city or county at le…
RCW 70.77.425 Approved permanent storage facilities required.
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It is unlawful for any person to store permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person's permit except in such places of permanent storage as the city or county issuing the permit approves. Unsold stocks of consumer firew…
RCW 70.77.430 Sale of stock after revocation or expiration of license.
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Notwithstanding RCW 70.77.255, following the revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell such fireworks, but only under supervision of the chief of the Washington state patrol, through the director of f…
RCW 70.77.435 Seizure of fireworks.
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Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire protection, are subject to se…
RCW 70.77.440 Seizure of fireworks—Proceedings for forfeiture—Disposal of confiscated fireworks.
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(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 se…
RCW 70.77.450 Examination, inspection of books and premises.
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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 relative to fireworks, and may visit and inspect the premises of any licensee he or she may deem at any time necess…
RCW 70.77.455 Licensees to maintain and make available complete records—Exemption from public records act.
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(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 fireworks items by class.(2) All records obtained …
RCW 70.77.460 Reports, payments deemed made when filed or paid or date mailed.
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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 o…
RCW 70.77.480 Prohibited transfers of fireworks.
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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 lic…
RCW 70.77.485 Unlawful possession of fireworks—Penalties.
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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 fire…
RCW 70.77.488 Unlawful discharge or use of fireworks—Penalty.
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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 s 37.]
RCW 70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc.
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It is unlawful for any person to set off fireworks of any kind in forest, fallows, grass, or brush covered land, either on his or her 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…
RCW 70.77.510 Unlawful sales or transfers of display fireworks—Penalty.
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It is unlawful for any person knowingly 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 s 40; 1984 c 249 s 31; 1982…
RCW 70.77.515 Unlawful sales or transfers of consumer fireworks—Penalty.
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(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 a…
RCW 70.77.517 Unlawful transportation of fireworks—Penalty.
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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 ar…
RCW 70.77.520 Unlawful to permit fire nuisance where fireworks kept—Penalty.
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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 s 43; 1984 c 249 s 33; 1961 c 228 s 81.]…
RCW 70.77.525 Manufacture or sale of fireworks for out-of-state shipment.
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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 s 42; 1961 c 228 s 82…
RCW 70.77.530 Nonprohibited acts—Signal purposes, forest protection.
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This chapter does not prohibit the use of torpedoes, flares, or fusees by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.[ 1961 c 228 s 83.]
RCW 70.77.535 Articles pyrotechnic, special effects for entertainment media.
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The assembling, compounding, use, and display of articles pyrotechnic or special effects in the production of motion pictures, radio or television productions, or live entertainment shall be under the direction and control of a pyrotechnic operator licensed by the state of Washin…
RCW 70.77.540 Penalty.
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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 s 36; 1961 c 228 s 85.]
RCW 70.77.545 Violation a separate, continuing offense.
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A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter.[ 2012 c 117 s 397; 1961 c 228 s 86.]
RCW 70.77.547 Civil enforcement not precluded.
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The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means.[ 1994 c 133 s 15.]Notes:Severability—Effective date—1994 c 133: See notes following RCW 70.77.146.
RCW 70.77.548 Attorney general may institute civil proceedings—Venue.
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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…
RCW 70.77.549 Civil penalty—Costs.
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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 s 49.…
RCW 70.77.550 Short title.
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This chapter shall be known and may be cited as the state fireworks law.[ 1961 c 228 s 87.]
RCW 70.77.555 Local permit and license fees—Limits.
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(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…
RCW 70.77.575 Chief of the Washington state patrol to provide list of consumer fireworks that may be sold to the public.
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(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 fir…
RCW 70.77.580 Retailers to post list of consumer fireworks.
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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 s…
RCW 70.77.900 Effective date—1961 c 228.
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This act shall take effect on January 1, 1962.[ 1961 c 228 s 90.]
RCW 70.79.010 Board of boiler rules—Members—Terms—Meetings.
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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 y…
RCW 70.79.020 Compensation and travel expenses.
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The members of the board shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses incurred 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 s 105; 1975-'76 2nd ex.s. c 34 s…
RCW 70.79.030 Duties of board.
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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 for…
RCW 70.79.040 Rules and regulations—Scope.
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The board shall promulgate rules and regulations for the safe and proper installation, repair, use and operation of boilers, and for the safe and proper installation and repair of unfired pressure vessels which were in use or installed ready for use in this state prior to the dat…
RCW 70.79.050 Rules and regulations—Effect.
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(1) The rules and regulations formulated by the board shall have the force and effect of law, except that the rules applying to the construction of new boilers and unfired pressure vessels shall not be construed to prevent the installation thereof until twelve months after their …
RCW 70.79.060 Construction, installation must conform to rules—Inspection certificate.
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(1) Except as provided in subsection (2) of this section, no power boiler, low pressure boiler, or unfired pressure vessel which does not conform to the rules and regulations formulated by the board governing new construction and installation shall be installed and operated in th…
RCW 70.79.070 Existing installations—Conformance required.
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(1) All boilers and unfired pressure vessels which were in use, or installed ready for use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations became effective, or during the twelve months period immed…
RCW 70.79.080 Exemptions from chapter.
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This chapter shall not apply to the following boilers, unfired pressure vessels and domestic hot water tanks:(1) Boilers and unfired pressure vessels under federal regulation or operated by any railroad subject to the provisions of the interstate commerce act;(2) Unfired pressure…
RCW 70.79.090 Exemptions from certain provisions.
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The following boilers and unfired pressure vessels shall be exempt from the requirements of RCW 70.79.220 and 70.79.240 through 70.79.330:(1) Boilers or unfired pressure vessels located on farms and used solely for agricultural purposes;(2) Unfired pressure vessels that are part …
RCW 70.79.095 Espresso machines—Local regulation prohibited.
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A county, city, or other political subdivision of the state may not enforce any law specifically regulating the manufacture, installation, operation, maintenance, or inspection of any electric boiler exempt from this chapter by RCW 70.79.080(10).[ 1994 c 64 s 3.]Notes:Finding—Int…
RCW 70.79.100 Chief inspector—Qualifications—Appointment, removal.
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(1) Within sixty days after the effective date of this chapter, and at any time thereafter that the office of the chief inspector may become vacant, the director of the department of labor and industries shall appoint a chief inspector who shall have had at the time of such appoi…
RCW 70.79.110 Chief inspector—Duties in general.
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The chief inspector, if authorized by the director of the department of labor and industries is hereby charged, directed and empowered:(1) To cause the prosecution of all violators of the provisions of this chapter;(2) To issue, or to suspend, or revoke for cause, inspection cert…
RCW 70.79.120 Deputy inspectors—Qualifications—Employment.
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The director shall employ deputy inspectors who have met at the time of appointment the qualification requirements for a commission as set forth by the national board of boiler and pressure vessel inspectors, and who shall have passed the examination provided for in RCW 70.79.170…
RCW 70.79.130 Special inspectors—Qualifications—Commission.
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In addition to the deputy boiler inspectors authorized by RCW 70.79.120, the chief inspector shall, upon the request of any company authorized to insure against loss from explosion of boilers and unfired pressure vessels in this state, or upon the request of any company operating…
RCW 70.79.140 Special inspectors—Compensation—Continuance of commission.
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Special inspectors shall receive no salary from, nor shall any of their expenses be paid by the state, and the continuance of a special inspector's commission shall be conditioned upon his or her continuing in the employ of a boiler insurance company duly authorized as aforesaid …
RCW 70.79.150 Special inspectors—Inspections—Exempts from inspection fees.
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Special inspectors shall inspect all boilers and unfired pressure vessels insured or operated by their respective companies and, when so inspected, the owners and users of such insured boilers and unfired pressure vessels shall be exempt from the payment to the state of the inspe…
RCW 70.79.160 Report of inspection by special inspector—Filing.
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Each company employing special inspectors shall, within thirty days following each internal or external boiler or unfired pressure vessel inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms.[ 2005 c 22 s 3; 1999 c 1…