Revised Code of Washington - RCW Title 70 Public Health And Safety - Chapter 70.77 State Fireworks Law

• 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 ...
• 70.77.120 Definitions -- To govern chapter
  The definitions set forth in this chapter shall govern the construction of this chapter, unless the context otherwise requires.[1961 c 228 § 1.] ...
• 70.77.124 Definitions -- "City.
  "City" means any incorporated city or town.[1995 c 61 § 2; 1994 c 133 § 2.]Notes:      Severability -- Effective date -- 1995 c 61: See ...
• 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 ...
• 70.77.131 Definitions -- "Display fireworks.
  "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, ...
• 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 ...
• 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 ...
• 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 administered by the United States department of ...
• 70.77.146 Definitions -- "Special effects.
  "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended ...
• 70.77.160 Definitions -- "Public display of fireworks.
  "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 ...
• 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 ...
• 70.77.170 Definitions -- "License.
  "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 ...
• 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.]Notes:      Severability -- 2002 ...
• 70.77.177 Definitions -- "Local fire official.
  "Local fire official" means the chief of a local fire department or a chief fire protection officer or such other person as may be designated ...
• 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 ...
• 70.77.182 Definitions -- "Permittee.
  "Permittee" means any person issued a fireworks permit in conformance with this chapter.[2002 c 370 § 13.]Notes:      Severability -- 2002 c 370: See note following ...
• 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 ...
• 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 ...
• 70.77.205 Definitions -- "Manufacturer.
  "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 ...
• 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 ...
• 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 ...
• 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 ...
• 70.77.236 Definitions -- "New fireworks item.
  (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 ...
• 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 ...
• 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 ...
• 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 ...
• 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: ...
• 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 ...
• 70.77.265 Investigation, report on permit application
  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 ...
• 70.77.270 Governing body to grant permits -- Statewide standards -- Liability insurance
  (1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application ...
• 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 investigate whether the character and ...
• 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 ...
• 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, possession and use of fireworks for the public display ...
• 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 ...
• 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 manufacture, importation, sale, and ...
• 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 government agencies if: (a) The agricultural and wildlife fireworks are used ...
• 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, ...
• 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 ...
• 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 ...
• 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 ...
• 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 ...
• 70.77.340 Annual license fees
  The original and annual license fee shall be as follows:

  Manufacturer . . . . . . . . ... 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 . . ... 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 ... 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 ... 70.77.360 Denial of license for material misrepresentation 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 ... 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 ... 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 ... 70.77.375 Revocation of license 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 ... 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 thousand ... 70.77.386 Retailers -- Purchase from licensed wholesalers Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license issued by the state of Washington.[1995 c 61 § 28.]Notes:      Severability ... 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 ... 70.77.401 Sale of certain fireworks prohibited 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, ... 70.77.405 Authorized sales of toy caps, tricks, and novelties Toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as consumer ... 70.77.410 Public displays not to be hazardous 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 ... 70.77.415 Supervision of public displays Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the chief of the Washington state patrol, through the ... 70.77.420 Permanent storage permit required -- Application -- Investigation -- Grant or denial -- Conditions (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 ... 70.77.425 Approved permanent storage facilities required 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 ... 70.77.430 Sale of stock after revocation or expiration of license Notwithstanding RCW 70.77.255, following the revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell ... 70.77.435 Seizure of fireworks 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 ... 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 ... 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, ... 70.77.455 Licensees to maintain and make available complete records -- Exemption from public records 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 70.77.510 Unlawful sales or transfers of display fireworks -- Penalty 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 ... 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 ... 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 ... 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 ... 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 ... 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 illumination ... 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 productions, or live entertainment ... 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 ... 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 ... 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.]Notes:      Severability -- Effective ... 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 ... 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 ... 70.77.550 Short title This chapter shall be known and may be cited as the state fireworks law.[1961 c 228 § 87.] ... 70.77.555 Local permit and license 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, ... 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 ... 70.77.580 Retailers to post list of consumer fireworks 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 ... 70.77.900 Effective date -- 1961 c 228 This act shall take effect on January 1, 1962.[1961 c 228 § 90.] ... 70.77.910 Severability -- 1961 c 228 If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application ... 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 ... 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 ... Last modified: April 7, 2009