title: RCW 70.74.120

text:
All persons engaged in keeping or storing and all persons having in their possession explosives on August 11, 1969, shall within sixty days thereafter, and all persons engaging in keeping or storing explosives or coming into possession thereof after August 11, 1969, shall before engaging in the keeping or storing of explosives or taking possession thereof, make an application in writing subscribed to by such person or his or her agent, to the department of labor and industries stating:
(1) The location of the magazine, if any, if then existing, or in case of a new magazine, the proposed location of such magazine;
(2) The kind of explosives that are kept or stored or possessed or intended to be kept or stored or possessed and the maximum quantity that is intended to be kept or stored or possessed thereat;
(3) The distance that such magazine is located or intended to be located from other magazines, inhabited buildings, explosives manufacturing buildings, railroads, highways, and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to store or possess explosives;
(6) The citizenship of the applicant if the applicant is an individual;
(7) If the applicant is a partnership, the names and addresses of the partners and their citizenship;
(8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship;
(9) And such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.
The department of labor and industries shall, as soon as may be after receiving such application, cause an inspection to be made of the magazine, if then constructed, and, in the case of a new magazine, as soon as may be after same is found to be constructed in accordance with the specification provided in RCW 70.74.025, such department shall determine the amount of explosives that may be kept and stored in such magazine by reference to the quantity and distance tables specified in or adopted under this chapter and shall issue a license to the person applying therefor if the applicant demonstrates that either the applicant or the officers, agents, or employees of the applicant are sufficiently experienced in the handling of explosives and possess suitable storage facilities therefor, and that the applicant meets the qualifications for a license under RCW 70.74.360. Said license shall set forth the maximum quantity of explosives that may be had, kept, or stored by said person. Such license shall be valid until canceled for one or more of the causes hereinafter provided. Whenever by reason of change in the physical conditions surrounding said magazine at the time of the issuance of the license therefor, such as:
(a) The erection of buildings nearer said magazine;
(b) The construction of railroads nearer said magazine;
(c) The opening for public travel of highways nearer said magazine; or
(d) The construction of public utilities transmission systems near said magazine; then the amounts of explosives which may be lawfully had, kept, or stored in said magazine must be reduced to conform to such changed conditions in accordance with the quantity and distance table notwithstanding the license, and the department of labor and industries shall modify or cancel such license in accordance with the changed conditions. Whenever any person to whom a license has been issued, keeps or stores in the magazine or has in his or her possession, any quantity of explosives in excess of the maximum amount set forth in said license, or whenever any person fails for thirty days to pay the annual license fee hereinafter provided after the same becomes due, the department is authorized to cancel such license. Whenever a license is canceled by the department for any cause herein specified, the department shall notify the person to whom such license is issued of the fact of such cancellation and shall in said notice direct the removal of all explosives stored in said magazine within ten days from the giving of said notice, or, if the cause of cancellation be the failure to pay the annual license fee, or the fact that explosives are kept for an unlawful purpose, the department of labor and industries shall order such person to dispossess himself or herself of said explosives within ten days from the giving of said notice. Failure to remove the explosives stored in said magazine or to dispossess oneself of the explosives as herein provided within the time specified in said notice shall constitute a violation of this chapter.
[ 2012 c 117 s 393; 1988 c 198 s 6; 1969 ex.s. c 137 s 14; 1941 c 101 s 2; 1931 c 111 s 12; Rem. Supp. 1941 s 5440-12.]


doc_type: statute

jurisdiction: wa

title: RCW 70.74.130

text:
Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:
(1) The name and address of applicant;
(2) The reason for desiring to engage in the business of dealing in explosives;
(3) Citizenship, if an individual applicant;
(4) If a partnership, the names and addresses of the partners and their citizenship;
(5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and
(6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.
Except as provided in RCW 70.74.370, the department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.
[ 1997 c 58 s 871; 1988 c 198 s 7; 1969 ex.s. c 137 s 16; 1941 c 101 s 3; Rem. Supp. 1941 s 5440-12a.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70.74.135

text:
All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:
(1) The location where explosives are to be used;
(2) The kind and amount of explosives to be used;
(3) The name and address of the applicant;
(4) The reason for desiring to use explosives;
(5) The citizenship of the applicant if the applicant is an individual;
(6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;
(7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and
(8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.
The department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a purchase license. However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored.
[ 1988 c 198 s 8; 1971 ex.s. c 302 s 7; 1970 ex.s. c 72 s 3; 1969 ex.s. c 137 s 18.]
Notes:
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.


title: RCW 70.74.137

text:
Every person applying for a purchaser's license, or renewal thereof, shall pay an annual license fee of twenty-five dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed one hundred dollars.
Said license fee shall accompany the application and shall be transmitted by the department to the state treasurer: PROVIDED, That if the applicant is denied a purchaser's license the license fee shall be returned to said applicant by registered mail.
[ 2008 c 285 s 5; 1988 c 198 s 12; 1972 ex.s. c 88 s 2.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Purchaser's license fee.


title: RCW 70.74.140

text:
Every person engaging in the business of keeping or storing of explosives shall pay an annual license fee for each magazine maintained, to be graduated by the department of labor and industries according to the quantity kept or stored therein, of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed four hundred dollars.
Said license fee shall accompany the application and shall be transmitted by the department to the state treasurer.
[ 2008 c 285 s 6; 1988 c 198 s 13; 1969 ex.s. c 137 s 15; 1931 c 111 s 13; RRS s 5440-13.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Storage license fee.


title: RCW 70.74.142

text:
Every person applying for a user's license, or renewal thereof, under this chapter shall pay an annual license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
Said license fee shall accompany the application, and be transmitted by the department to the state treasurer: PROVIDED, That if the applicant is denied a user's license the license fee shall be returned to said applicant by registered mail.
[ 2008 c 285 s 7; 1988 c 198 s 14; 1972 ex.s. c 88 s 1.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: User's license or renewal—Fee.


title: RCW 70.74.144

text:
Every person engaged in the business of manufacturing explosives shall pay an annual license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
Businesses licensed to manufacture explosives are not required to have a dealer's license, but must comply with all of the dealer requirements of this chapter when they sell explosives.
The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.
[ 2008 c 285 s 8; 1988 c 198 s 15.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Manufacturer's license fee—Manufacturers to comply with dealer requirements when selling.


title: RCW 70.74.146

text:
Every person engaged in the business of selling explosives shall pay an annual license fee of fifty dollars. The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed two hundred dollars.
Businesses licensed to sell explosives must comply with all of the dealer requirements of this chapter.
The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.
[ 2008 c 285 s 9; 1988 c 198 s 16.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Seller's license fee—Sellers to comply with dealer requirements.


title: RCW 70.74.150

text:
The department of labor and industries shall make, or cause to be made, at least one inspection during every year, of each licensed explosives plant or magazine.
[ 1931 c 111 s 14; RRS s 5440-14.]

catchline: Annual inspection.


title: RCW 70.74.160

text:
No person, except the director of labor and industries or the director's authorized agent, the owner, the owner's agent, or a person authorized to enter by the owner or owner's agent, or a law enforcement officer acting within his or her official capacity, may enter any explosives manufacturing building, magazine or car, vehicle or other common carrier containing explosives in this state. Violation of this section is a gross misdemeanor punishable under chapter 9A.20 RCW.
[ 1993 c 293 s 3; 1969 ex.s. c 137 s 19; 1931 c 111 s 15; RRS s 5440-15.]
Notes:
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Unlawful access to explosives.


title: RCW 70.74.170

text:
No person shall discharge any firearms at or against any magazine or explosives manufacturing buildings or ignite any flame or flame-producing device nearer than two hundred feet from said magazine or explosives manufacturing building.
[ 1969 ex.s. c 137 s 20; 1931 c 111 s 16; RRS s 5440-16.]

catchline: Discharge of firearms or igniting flame near explosives.


title: RCW 70.74.180

text:
Any person who has in his or her possession or control any shell, bomb, or similar device, charged or filled with one or more explosives, intending to use it or cause it to be used for an unlawful purpose, is guilty of a class A felony, and upon conviction shall be punished by imprisonment in a state prison for a term of not more than twenty years.
[ 2003 c 53 s 354; 1984 c 55 s 1; 1969 ex.s. c 137 s 21; 1931 c 111 s 18; RRS s 5440-18.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Explosive devices prohibited—Penalty.


title: RCW 70.74.191

text:
The laws contained in this chapter and regulations prescribed by the department of labor and industries pursuant to this chapter shall not apply to:
(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the Washington state utilities and transportation commission, and the Washington state patrol;
(2) The laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official United States Pharmacopoeia;
(4) The transportation, storage, and use of explosives or blasting agents in the normal and emergency operations of United States agencies and departments including the regular United States military departments on military reservations; arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of, the United States; or the duly authorized militia of any state; or to emergency operations of any state department or agency, any police, or any municipality or county;
(5) A hazardous devices technician when carrying out normal and emergency operations, handling evidence, and operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive material or when conducting training and whose employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous devices work. For purposes of this section, a hazardous devices technician is a person who is a graduate of the federal bureau of investigation hazardous devices school and who is employed by a state, county, or municipality;
(6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices, flares, fuses, and torpedoes;
(7) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries;
(8) The storage of consumer fireworks as defined in chapter 70.77 RCW pursuant to a forfeiture or seizure under chapter 70.77 RCW by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority;
(9) The transportation and storage of explosive actuated tactical devices, including noise and flash diversionary devices, by local law enforcement tactical response teams and officers in law enforcement department-issued vehicles designated for use by tactical response teams and officers, provided the explosive devices are stored and secured in compliance with regulations and rulings adopted by the federal bureau of alcohol, tobacco, firearms and explosives; and
(10) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent than this chapter.
[ 2013 c 140 s 1; 2002 c 370 s 2; 1998 c 40 s 1; 1993 c 293 s 5; 1985 c 191 s 2; 1969 ex.s. c 137 s 5.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.
Purpose—1985 c 191: "It is the purpose of this 1985 act to protect the public by enabling ski area operators to exercise appropriate avalanche control measures. The legislature finds that avalanche control is of vital importance to safety in ski areas and that the provisions of the Washington state explosives act contain restrictions which do not reflect special needs for the use of explosives as a means of clearing an area of serious avalanche risks. This 1985 act recognizes these needs while providing for a system of regulations designed to ensure that the use of explosives for avalanche control conforms to fundamental safety requirements." [ 1985 c 191 s 1.]

catchline: Exemptions.


title: RCW 70.74.201

text:
This chapter shall not affect, modify or limit the power of a city, municipality or county in this state to make an ordinance that is more stringent than this chapter which is applicable within their respective corporate limits or boundaries: PROVIDED, That the state shall be deemed to have preempted the field of regulation of small arms ammunition and handloader components.
[ 1970 ex.s. c 72 s 5; 1969 ex.s. c 137 s 6.]

catchline: Municipal or county ordinances unaffected—State preemption.


title: RCW 70.74.210

text:
All acts and parts of acts inconsistent with this act are hereby repealed: PROVIDED, HOWEVER, That nothing in this act shall be construed as amending, limiting, or repealing any provision of chapter 36, session laws of 1917, known as the coal mining code.
[ 1931 c 111 s 22; RRS s 5440-22.]

catchline: Coal mining code unaffected.


title: RCW 70.74.230

text:
If any manufacturer of explosives or dealer therein shall have shipped any explosives into another state, and the laws of such other state shall designate an officer or agency to regulate the possession, receipt or storage of explosives, and such officer or agency shall so require, such manufacturer shall, at least once each calendar month, file with such officer or agency of such other state a report giving the names of all purchasers and the amount and description of all explosives sold or delivered in such other state. Dealers in explosives shall keep a record of all explosives purchased or sold by them, which record shall include the name and address of each vendor and vendee, the date of each sale or purchase, and the amount and kind of explosives sold or purchased. Such records shall be open for inspection by the duly authorized agents of the department of labor and industries and by all federal, state and local law enforcement officers at all times, and a copy of such record shall be furnished once each calendar month to the department of labor and industries in such form as said department shall prescribe.
[ 1941 c 101 s 4; Rem. Supp. 1941 s 5440-23.]

catchline: Shipments out of state—Dealer's records.


title: RCW 70.74.240

text:
No dealer shall sell, barter, give or dispose of explosives to any person who does not hold a license to purchase explosives issued under the provisions of this chapter.
[ 1970 ex.s. c 72 s 4; 1969 ex.s. c 137 s 17; 1941 c 101 s 5; Rem. Supp. 1941 s 5440-24.]

catchline: Sale to unlicensed person prohibited.


title: RCW 70.74.250

text:
Between the dates of January 15th and June 15th of each year it shall be unlawful for any person to do, or cause to be done, any blasting within fifteen hundred feet from any fur farm or commercial hatchery except in case of emergency without first giving to the person in charge of such farm or hatchery twenty-four hours notice: PROVIDED, HOWEVER, That in the case of an established quarry and sand and gravel operations, and where it is necessary for blasting to be done continually, the notice required in this section may be made at the beginning of the period each year when blasting is to be done.
[ 1941 c 107 s 1; Rem. Supp. 1941 s 5440-25.]

catchline: Blasting near fur farms and hatcheries.


title: RCW 70.74.270

text:
A person who maliciously places any explosive or improvised device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, in such manner or under such circumstances as to destroy or injure it if exploded is guilty of:
(1) Malicious placement of an explosive in the first degree if the offense is committed with intent to commit a terrorist act. Malicious placement of an explosive in the first degree is a class A felony;
(2) Malicious placement of an explosive in the second degree if the offense is committed under circumstances not amounting to malicious placement of an explosive in the first degree and if the circumstances and surroundings are such that the safety of any person might be endangered by the explosion. Malicious placement of an explosive in the second degree is a class B felony;
(3) Malicious placement of an explosive in the third degree if the offense is committed under circumstances not amounting to malicious placement of an explosive in the first or second degree. Malicious placement of an explosive in the third degree is a class B felony.
[ 1997 c 120 s 1; 1993 c 293 s 6; 1992 c 7 s 49; 1984 c 55 s 2; 1971 ex.s. c 302 s 8; 1969 ex.s. c 137 s 23; 1909 c 249 s 400; RRS s 2652.]
Notes:
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Malicious placement of an explosive—Penalties.


title: RCW 70.74.272

text:
(1) A person who maliciously places any imitation device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, with the intent to give the appearance or impression that the imitation device is an explosive or improvised device, is guilty of:
(a) Malicious placement of an imitation device in the first degree if the offense is committed with intent to commit a terrorist act. Malicious placement of an imitation device in the first degree is a class B felony;
(b) Malicious placement of an imitation device in the second degree if the offense is committed under circumstances not amounting to malicious placement of an imitation device in the first degree. Malicious placement of an imitation device in the second degree is a class C felony.
(2) For purposes of this section, "imitation device" means a device or substance that is not an explosive or improvised device, but which by appearance or representation would lead a reasonable person to believe that the device or substance is an explosive or improvised device.
[ 1997 c 120 s 2.]

catchline: Malicious placement of an imitation device—Penalties.


title: RCW 70.74.275

text:
Unless otherwise allowed to do so under this chapter, a person who exhibits a device designed, assembled, fabricated, or manufactured, to convey the appearance of an explosive or improvised device, and who intends to, and does, intimidate or harass a person, is guilty of a class C felony.
[ 1993 c 293 s 4.]
Notes:
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Intimidation or harassment with an explosive—Class C felony.


title: RCW 70.74.280

text:
A person who maliciously, by the explosion of gunpowder or any other explosive substance or material, destroy or damage any building, car, airplane, vessel, common carrier, railroad track, or public utility transmission system or structure is guilty of:
(1) Malicious explosion of a substance in the first degree if the offense is committed with intent to commit a terrorist act. Malicious explosion of a substance in the first degree is a class A felony;
(2) Malicious explosion of a substance in the second degree if the offense is committed under circumstances not amounting to malicious explosion of a substance in the first degree and if thereby the life or safety of a human being is endangered. Malicious explosion of a substance in the second degree is a class A felony;
(3) Malicious explosion of a substance in the third degree if the offense is committed under circumstances not amounting to malicious explosion of a substance in the first or second degree. Malicious explosion of a substance in the third degree is a class B felony.
[ 1997 c 120 s 3; 1992 c 7 s 50; 1971 ex.s. c 302 s 9; 1969 ex.s. c 137 s 24; 1909 c 249 s 401; RRS s 2653.]
Notes:
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.

catchline: Malicious explosion of a substance—Penalties.


title: RCW 70.74.285

text:
For the purposes of RCW 70.74.270, 70.74.272, and 70.74.280 "terrorist act" means an act that is intended to: (1) Intimidate or coerce a civilian population; (2) influence the policy of a branch or level of government by intimidation or coercion; (3) affect the conduct of a branch or level of government by intimidation or coercion; or (4) retaliate against a branch or level of government for a policy or conduct of the government.
[ 1997 c 120 s 4.]

catchline: "Terrorist act" defined.


title: RCW 70.74.295

text:
It shall be unlawful for any person to abandon explosives or improvised devices. Violation of this section is a gross misdemeanor punishable under chapter 9A.20 RCW.
[ 1993 c 293 s 7; 1972 ex.s. c 88 s 3.]
Notes:
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Abandonment of explosives.


title: RCW 70.74.297

text:
Any two components which, when mixed, become capable of detonation by a No. 6 cap must be stored in separate locked containers or in a licensed, approved magazine.
[ 1972 ex.s. c 88 s 4.]

catchline: Separate storage of components capable of detonation when mixed.


title: RCW 70.74.300

text:
Every person who shall put up for sale, or who shall deliver to any warehouse operator, dock, depot, or common carrier any package, cask, or can containing any explosive, nitroglycerin, dynamite, or powder, without having been properly labeled thereon to indicate its explosive classification, shall be guilty of a gross misdemeanor.
[ 2011 c 336 s 840; 1969 ex.s. c 137 s 26; 1909 c 249 s 254; RRS s 2506.]

catchline: Explosive containers to be marked—Penalty.


title: RCW 70.74.310

text:
Any person other than a lawfully constituted peace officer of this state who shall deposit, leave, place, spray, scatter, spread, or throw in any building, or any place, or who shall counsel, aid, assist, encourage, incite, or direct any other person or persons to deposit, leave, place, spray, scatter, spread, or throw, in any building or place, or who shall have in his or her possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading, or throwing, in any building or place, or of counseling, aiding, assisting, encouraging, inciting, or directing any other person or persons to deposit, leave, place, spray, scatter, spread, or throw, any stink bomb, stink paint, tear bomb, tear shell, explosive, or flame-producing device, or any other device, material, chemical, or substance, which, when exploded or opened, or without such exploding or opening, by reason of its offensive and pungent odor, does or will annoy, injure, endanger, or inconvenience any person or persons, shall be guilty of a gross misdemeanor: PROVIDED, That this section shall not apply to persons in the military service, actually engaged in the performance of military duties, pursuant to orders from competent authority nor to any property owner or person acting under his or her authority in providing protection against the commission of a felony.
[ 2012 c 117 s 394; 1969 ex.s. c 137 s 27; 1927 c 245 s 1; RRS s 2504-1.]

catchline: Gas bombs, explosives, stink bombs, etc.


title: RCW 70.74.320

text:
The federal regulations of the United States department of transportation on the transportation of small arms ammunition, of small arms ammunition primers, and of small arms smokeless propellants are hereby adopted in this chapter by reference.
The director of the department of labor and industries has the authority to issue future regulations in accordance with amendments and additions to the federal regulations of the United States department of transportation on the transportation of small arms ammunition, of small arms ammunition primers, and of small arms smokeless propellants.
[ 1969 ex.s. c 137 s 28.]

catchline: Small arms ammunition, primers and propellants—Transportation regulations.


title: RCW 70.74.330

text:
Small arms ammunition shall be separated from flammable liquids, flammable solids and oxidizing materials by a fire-resistant wall of one-hour rating or by a distance of twenty-five feet.
[ 1969 ex.s. c 137 s 29.]

catchline: Small arms ammunition, primers and propellants—Separation from flammable materials.


title: RCW 70.74.340

text:
Quantities of small arms smokeless propellant (class B) in shipping containers approved by the federal department of transportation not in excess of fifty pounds may be transported in a private vehicle.
Quantities in excess of twenty-five pounds but not to exceed fifty pounds in a private passenger vehicle shall be transported in an approved magazine as specified by the department of labor and industries rules and regulations.
Transportation of quantities in excess of fifty pounds is prohibited in passenger vehicles: PROVIDED, That this requirement shall not apply to duly licensed dealers.
Transportation of quantities in excess of fifty pounds shall be in accordance with federal department of transportation regulations.
Small arms smokeless propellant intended for personal use in quantities not to exceed twenty-five pounds may be stored without restriction in residences; quantities over twenty-five pounds but not to exceed fifty pounds shall be stored in a strong box or cabinet constructed with three-fourths inch plywood (minimum), or equivalent, on all sides, top, and bottom.
Black powder as used in muzzle loading firearms may be transported in a private vehicle or stored without restriction in private residences in quantities not to exceed five pounds.
Not more than seventy-five pounds of small arms smokeless propellant, in containers of one pound maximum capacity may be displayed in commercial establishments.
Not more than twenty-five pounds of black powder as used in muzzle loading firearms may be stored in commercial establishments of which not more than four pounds in containers of one pound maximum capacity may be displayed.
Quantities in excess of one hundred fifty pounds of smokeless propellant or twenty-five pounds of black powder as used in muzzle loading firearms shall be stored in magazines constructed as specified in the rules and regulations for construction of magazines, and located in compliance with this chapter.
All small arms smokeless propellant when stored shall be packed in federal department of transportation approved containers.
[ 1970 ex.s. c 72 s 6; 1969 ex.s. c 137 s 30.]

catchline: Small arms ammunition, primers and propellants—Transportation, storage and display requirements.


title: RCW 70.74.350

text:
Small arms ammunition primers shall not be transported or stored except in the original shipping container approved by the federal department of transportation.
Truck or rail transportation of small arms ammunition primers shall be in accordance with the federal regulation of the United States department of transportation.
No more than twenty-five thousand small arms ammunition primers shall be transported in a private passenger vehicle: PROVIDED, That this requirement shall not apply to duly licensed dealers.
Quantities not to exceed ten thousand small arms ammunition primers may be stored in a residence.
Small arms ammunition primers shall be separate from flammable liquids, flammable solids, and oxidizing materials by a fire-resistant wall of one-hour rating or by a distance of twenty-five feet.
Not more than seven hundred fifty thousand small arms ammunition primers shall be stored in any one building except as next provided; no more than one hundred thousand shall be stored in any one pile, and piles shall be separated by at least fifteen feet.
Quantities of small arms ammunition primers in excess of seven hundred fifty thousand shall be stored in magazines in accordance with RCW 70.74.025.
[ 1969 ex.s. c 137 s 31.]

catchline: Small arms ammunition, primers and propellants—Primers, transportation and storage requirements.


title: RCW 70.74.360

text:
(1) The director of labor and industries shall require, as a condition precedent to the original issuance and upon renewal every three years thereafter of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries. In the case of a partnership, fingerprinting and criminal history record information checks shall be required of all general partners. Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant shall be required to pay the current federal and state fee for fingerprint-based criminal history background checks.
(2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;
(c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; or
(d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency.
(3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.
[ 2009 c 39 s 1; 2008 c 285 s 10; 1988 c 198 s 3.]
Notes:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.

catchline: Licenses—Fingerprint and criminal record checks—Fee—Licenses prohibited for certain persons—License fees.


title: RCW 70.74.370

text:
(1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;
(c) A crime involving bomb threats;
(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;
(e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.
(2) The department of labor and industries shall revoke the license of any person adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease. The director shall not renew the license until the person has been restored to competency.
(3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.
(4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.
(5) The department of labor and industries shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
(6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.
[ 1997 c 58 s 872; 1988 c 198 s 4.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: License revocation, nonrenewal, or suspension.


title: RCW 70.74.380

text:
With the exception of storage licenses for permanent facilities, every license issued under the authority of this chapter shall expire after one year from the date issued unless suspended or revoked. The director of labor and industries may extend the duration of storage licenses for permanent facilities to two years provided the location, distances, and use of the facilities remain unchanged. The fee for the two-year storage license shall be twice the annual fee.
[ 1988 c 198 s 9.]

catchline: Licenses—Expiration—Extension of storage licenses.


title: RCW 70.74.390

text:
Unless specifically provided otherwise by statute, this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.
[ 1988 c 198 s 11.]

catchline: Implementation of chapter and rules pursuant to chapter 49.17 RCW.


title: RCW 70.74.400

text:
(1) Explosives, improvised devices, and components of explosives and improvised devices that are possessed, manufactured, delivered, imported, exported, stored, sold, purchased, transported, abandoned, detonated, or used, or intended to be used, in violation of a provision of this chapter are subject to seizure and forfeiture by a law enforcement agency and no property right exists in them.
(2) The law enforcement agency making the seizure shall notify the Washington state department of labor and industries of the seizure.
(3) Seizure of explosives, improvised devices, and components of explosives and improvised devices under subsection (1) of this section may be made if:
(a) The seizure is incident to arrest or a search under a search warrant;
(b) The explosives, improvised devices, or components have been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to believe that the explosives, improvised devices, or components are directly or indirectly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the explosives, improvised devices, or components were used or were intended to be used in violation of this chapter.
(4) A law enforcement agency shall destroy explosives seized under this chapter when it is necessary to protect the public safety and welfare. When destruction is not necessary to protect the public safety and welfare, and the explosives are not being held for evidence, a seizure pursuant to this section commences proceedings for forfeiture, which proceedings are governed by chapter 7.120 RCW.
(5) If the items seized are forfeited under this statute, the seizing agency shall dispose of the explosives by summary destruction. However, when explosives are destroyed either to protect public safety or because the explosives were forfeited, the person from whom the explosives were seized loses all rights of action against the law enforcement 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.
(6) 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.
[ 2025 c 306 s 12; 2002 c 370 s 3; 1993 c 293 s 8.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Seizure and forfeiture.


title: RCW 70.74.410

text:
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 c 293 s 9.]
Notes:
Severability—1993 c 293: See note following RCW 70.74.010.

catchline: Reporting theft or loss of explosives.


title: RCW 70.75.010

text:
All equipment for fire protection purposes, other than for forest firefighting, 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 s 1.]

catchline: Standard thread specified—Exceptions.


title: RCW 70.75.020

text:
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: PROVIDED, 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 not essential to the coordination of public fire protection operations.
[ 1995 c 369 s 41; 1986 c 266 s 96; 1967 c 152 s 2.]
Notes:
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 43.44 RCW.

catchline: Duties of chief of the Washington state patrol.


title: RCW 70.75.030

text:
The chief of the Washington state patrol, through the director of fire protection, 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 specifications and requirements.
[ 1995 c 369 s 42; 1986 c 266 s 97; 1967 c 152 s 3.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Duties of chief of the Washington state patrol—Notification of industrial establishments and property owners having equipment.


title: RCW 70.75.040

text:
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, research, programs, forest firefighting, 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 protection.
[ 1995 c 369 s 43; 1986 c 266 s 98; 1967 c 152 s 4.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Sale of nonstandard equipment as misdemeanor—Exceptions.


title: RCW 70.77.111

text:
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 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." [ 1995 c 61 s 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 s 33.]

catchline: Intent.


title: RCW 70.77.120

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

catchline: Definitions—To govern chapter.


title: RCW 70.77.124

text:
"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.


title: RCW 70.77.126

text:
"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 1; 1982 c 230 s 1.]
Notes:
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 s 50.]
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.


title: RCW 70.77.131

text:
"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 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 UN0333, UN0334, or UN0335 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder.
[ 2002 c 370 s 5; 1995 c 61 s 4; 1984 c 249 s 2; 1982 c 230 s 2.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Definitions—"Display fireworks."


title: RCW 70.77.136

text:
"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 materials and classified as fireworks UN0336 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 s 6; 1995 c 61 s 5; 1984 c 249 s 3; 1982 c 230 s 3.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Definitions—"Consumer fireworks."


title: RCW 70.77.138

text:
"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 s 7.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Definitions—"Articles pyrotechnic."


title: RCW 70.77.141

text:
"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; 1982 c 230 s 4.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Definitions—"Agricultural and wildlife fireworks."


title: RCW 70.77.146

text:
"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, radio, television, theatrical, or opera production, or live entertainment.
[ 1995 c 61 s 8; 1994 c 133 s 1; 1984 c 249 s 4; 1982 c 230 s 5.]
Notes:
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 s 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 s 18.]

catchline: Definitions—"Special effects."


title: RCW 70.77.160

text:
"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 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 s 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 s 27.]

catchline: Definitions—"Public display of fireworks."


title: RCW 70.77.165

text:
"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 hindrance to the prevention or extinguishment of fire.
[ 1961 c 228 s 10.]

catchline: Definitions—"Fire nuisance."


title: RCW 70.77.170

text:
"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 c 369 s 44; 1986 c 266 s 99; 1982 c 230 s 7; 1961 c 228 s 11.]
Notes:
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.


title: RCW 70.77.175

text:
"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.


title: RCW 70.77.177

text:
"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:
Severability—Effective date—1994 c 133: See notes following RCW 70.77.146.

catchline: Definitions—"Local fire official."


title: RCW 70.77.180

text:
"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 s 12; 1995 c 61 s 9; 1984 c 249 s 5; 1982 c 230 s 8; 1961 c 228 s 13.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.


title: RCW 70.77.182

text:
"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.


title: RCW 70.77.190

text:
"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.]


title: RCW 70.77.200

text:
"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 s 10; 1961 c 228 s 17.]
Notes:
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.


title: RCW 70.77.205

text:
"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 fireworks items or sets or packages containing consumer fireworks items.
[ 2002 c 370 s 14; 1995 c 61 s 11; 1961 c 228 s 18.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.


title: RCW 70.77.210

text:
"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 70.77.126.


title: RCW 70.77.215

text:
"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 70.77.126.


title: RCW 70.77.230

text:
"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 following RCW 70.77.126.

catchline: Definitions—"Pyrotechnic operator."


title: RCW 70.77.236

text:
(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, and labeling regulations of the United States consumer products safety commission, 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 protection, may determine, stating reasonable grounds, that the item should not be so classified.
[ 2002 c 370 s 18; 1997 c 182 s 4; 1995 c 61 s 6.]
Notes:
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.

catchline: Definitions—"New fireworks item."


title: RCW 70.77.241

text:
(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 s 34.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.


title: RCW 70.77.250

text:
(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 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 s 19; 1997 c 182 s 5. Prior: 1995 c 369 s 45; 1995 c 61 s 12; 1986 c 266 s 100; 1984 c 249 s 7; 1982 c 230 s 12; 1961 c 228 s 27.]
Notes:
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.

catchline: Chief of the Washington state patrol to enforce and administer—Powers and duties.


title: RCW 70.77.252

text:
(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 terms the chief of the Washington state patrol, through the director of fire protection, deems proper, giving consideration to the degree of hazard associated with the violation. The chief of the Washington state patrol, through the director of fire protection, 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 business 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 emphasizing the safe and responsible use of legal fireworks; and the remainder is for statewide efforts to enforce this chapter.
[ 2002 c 370 s 20.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Civil penalty—Notice—Remission, mitigation, review.


title: RCW 70.77.255

text:
(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 c 370 s 21; 1997 c 182 s 6; 1995 c 61 s 13; 1994 c 133 s 4; 1984 c 249 s 10; 1982 c 230 s 14; 1961 c 228 s 28.]
Notes:
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.

catchline: Acts prohibited without appropriate licenses and permits—Minimum age for license or permit—Activities permitted without license or permit.


title: RCW 70.77.260

text:
(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 s 11; 1982 c 230 s 15; 1961 c 228 s 29.]
Notes:
General license holders to file license certificate with application for permit for public display of fireworks: RCW 70.77.355.

catchline: Application for permit.


title: RCW 70.77.265

text:
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 county.
[ 1994 c 133 s 5; 1984 c 249 s 12; 1961 c 228 s 30.]
Notes:
Severability—Effective date—1994 c 133: See notes following RCW 70.77.146.

catchline: Investigation, report on permit application.


title: RCW 70.77.270

text:
(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 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 commencing 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 property damage liability for each occurrence, unless such insurance is not readily available from at least three approved 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 provided in this subsection.
[ 2002 c 370 s 22; 1997 c 182 s 8; 1995 c 61 s 14; 1994 c 133 s 6; 1984 c 249 s 13; 1961 c 228 s 31.]
Notes:
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.

catchline: Governing body to grant permits—Statewide standards—Liability insurance.


title: RCW 70.77.280

text:
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 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 s 15; 1994 c 133 s 7; 1984 c 249 s 14; 1961 c 228 s 33.]
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.

catchline: Public display permit—Investigation—Governing body to grant—Conditions.


title: RCW 70.77.285

text:
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 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 appropriate 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 s 16; 1984 c 249 s 15; 1982 c 230 s 16; 1961 c 228 s 34.]
Notes:
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Public display permit—Bond or insurance for liability.


title: RCW 70.77.290

text:
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: See notes following RCW 70.77.160.

catchline: Public display permit—Granted for exclusive purpose.


title: RCW 70.77.295

text:
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 liability for each event.
[ 1984 c 249 s 17; 1982 c 230 s 17; 1961 c 228 s 36.]

catchline: Public display permit—Amount of bond or insurance.


title: RCW 70.77.305

text:
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 manufacturer, importer, or wholesaler under this chapter only if the person has a designated agent in this state who is registered with the chief of the Washington state patrol, through the director of fire protection.
[ 2002 c 370 s 23; 1995 c 369 s 46; 1986 c 266 s 101; 1984 c 249 s 18; 1982 c 230 s 18; 1961 c 228 s 38.]
Notes:
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.

catchline: Chief of the Washington state patrol to issue licenses—Registration of in-state agents.


title: RCW 70.77.311

text:
(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 administered 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 application 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;
(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 s 24; 1995 c 61 s 17; 1984 c 249 s 19; 1982 c 230 s 19.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Exemptions from licensing—Purchase of certain agricultural and wildlife fireworks by government agencies—Purchase of consumer fireworks by religious or private organizations.


title: RCW 70.77.315

text:
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 s 25; 1997 c 182 s 10. Prior: 1995 c 369 s 47; 1995 c 61 s 18; 1986 c 266 s 102; 1982 c 230 s 20; 1961 c 228 s 40.]
Notes:
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.

catchline: Application for license.


title: RCW 70.77.320

text:
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 the corporation.
[ 1961 c 228 s 41.]

catchline: Application for license to be signed.


title: RCW 70.77.325

text:
(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 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 s 11; 1994 c 133 s 8; 1991 c 135 s 4; 1986 c 266 s 103; 1984 c 249 s 20; 1982 c 230 s 21; 1961 c 228 s 42.]
Notes:
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.

catchline: Annual application for a license—Dates.


title: RCW 70.77.330

text:
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 s 26; 1995 c 369 s 48; 1986 c 266 s 104; 1982 c 230 s 22; 1961 c 228 s 43.]
Notes:
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.

catchline: License to engage in particular act to be issued if not contrary to public safety or welfare—Transportation of fireworks authorized.


title: RCW 70.77.335

text:
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 following RCW 70.77.126.

catchline: License authorizes activities of sellers, authorized representatives, employees.


title: RCW 70.77.340

text:
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 s 28; 1982 c 230 s 24; 1961 c 228 s 45.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Annual license fees.


title: RCW 70.77.343

text:
(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 statewide 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 s 29; 1997 c 182 s 12; 1995 c 61 s 19; 1991 c 135 s 6.]
Notes:
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.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.

catchline: License fees—Additional.


title: RCW 70.77.345

text:
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; 1982 c 230 s 25; 1961 c 228 s 46.]
Notes:
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.

catchline: Duration of licenses and retail fireworks sales permits.


title: RCW 70.77.355

text:
(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 certificate 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 70.77.260.
[ 1997 c 182 s 14; 1994 c 133 s 9; 1986 c 266 s 105; 1984 c 249 s 21; 1982 c 230 s 26; 1961 c 228 s 48.]
Notes:
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.

catchline: General license for public display—Surety bond or insurance—Filing of license certificate with local permit application.


title: RCW 70.77.360

text:
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 application for the license.
[ 1995 c 369 s 49; 1986 c 266 s 106; 1984 c 249 s 22; 1982 c 230 s 27; 1961 c 228 s 49.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Denial of license for material misrepresentation or if contrary to public safety or welfare.


title: RCW 70.77.365

text:
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 s 50; 1986 c 266 s 107; 1984 c 249 s 23; 1982 c 230 s 28; 1961 c 228 s 50.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Denial of license for failure to meet qualifications or conditions.


title: RCW 70.77.370

text:
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; 1982 c 230 s 29; 1961 c 228 s 51.]
Notes:
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.

catchline: Hearing on denial of license.


title: RCW 70.77.375

text:
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 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 Washington state patrol, through the director of fire protection, in refusing originally to issue such license.
[ 1997 c 182 s 16; 1995 c 369 s 51; 1995 c 61 s 21; 1986 c 266 s 108; 1982 c 230 s 30; 1961 c 228 s 52.]
Notes:
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 s 16, combining the text of the 1995 amendments, but not reenacting those sections. Any subsequent amendments 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.

catchline: Revocation of license.


title: RCW 70.77.381

text:
(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 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 s 30; 1995 c 61 s 27.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Wholesalers and retailers—Liability insurance requirements.


title: RCW 70.77.386

text:
Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license issued by the state of Washington.
[ 1995 c 61 s 28.]
Notes:
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Retailers—Purchase from licensed wholesalers.


title: RCW 70.77.395

text:
(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, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250(4).
[ 2002 c 370 s 31; 1995 c 61 s 22; 1984 c 249 s 24; 1982 c 230 s 31; 1961 c 228 s 56.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Dates and times consumer fireworks may be sold or discharged—Local governments may limit, prohibit sale or discharge of fireworks.


title: RCW 70.77.401

text:
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 commission except as provided in RCW 70.77.311.
[ 2002 c 370 s 32; 1995 c 61 s 7.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW 70.77.111.

catchline: Sale of certain fireworks prohibited.


title: RCW 70.77.405

text:
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 58.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Authorized sales of toy caps, tricks, and novelties.


title: RCW 70.77.410

text:
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.]

catchline: Public displays not to be hazardous.


title: RCW 70.77.415

text:
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; 1961 c 228 s 60.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Supervision of public displays.


title: RCW 70.77.420

text:
(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 least ten days prior to the date of the proposed permanent storage. The city or county receiving the application for a permanent storage permit shall investigate whether the character and location of the permanent storage as proposed meets the requirements of the zoning, building, and fire codes or constitutes a hazard to property or is dangerous to any person. Based on the investigation, the city or county may grant or deny the application. The city or county may place reasonable conditions on any permit granted.
(2) For the purposes of this section the temporary storing or keeping of consumer fireworks when in conjunction with a valid retail sales license and permit shall comply with RCW 70.77.425 and the standards adopted under RCW 70.77.270(2) and not this section.
[ 2002 c 370 s 35; 1997 c 182 s 18; 1984 c 249 s 26; 1982 c 230 s 34; 1961 c 228 s 61.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW 70.77.160.

catchline: Permanent storage permit required—Application—Investigation—Grant or denial—Conditions.


title: RCW 70.77.425

text:
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 fireworks remaining after the authorized retail sales period from nine o'clock a.m. on June 28th to twelve o'clock noon on July 5th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from twelve o'clock noon on December 27th to eleven o'clock p.m. on December 31st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or permanent storage place approved by a local fire official.
[ 2002 c 370 s 36; 1984 c 249 s 27; 1982 c 230 s 35; 1961 c 228 s 62.]
Notes:
Severability—2002 c 370: See note following RCW 70.77.126.

catchline: Approved permanent storage facilities required.