WAC 212-17-21505
Retailers of fireworks -- General
provisions. (1) The state of Washington hereby fully occupies
the entire field of regulation relating to the construction
and use of temporary and permanent structures for the retail
sale and storage of fireworks including: The location of and
areas surrounding, the operation of and the cleanup after the
use of said structures, pursuant to RCW 70.77.270.
(2) The state of Washington hereby preempts the authority
of local jurisdictions with respect to the retail sale and
associated storage of consumer fireworks from temporary
structures. This rule constitutes the entire and exclusive
authority for regulation of all such matters. Subject to the
limitations imposed by chapter 70.77 RCW, a city or county may
ban fireworks; or a city or county may restrict the dates of
sale, purchase, possession and use of fireworks; or a city or
county may restrict the types of fireworks that may be sold
and purchased within its boundaries. If a city or county
allows the sale of fireworks classified as consumer fireworks
from temporary structures these rules preempt that city's or
that county's authority to enact or enforce any other
regulations.
(3) Except as prescribed by this rule, the use of
permanent structures or temporary structures over four hundred
square feet for fireworks sales and storage shall be subject
to the provisions of the International Fire Code and the
International Building Code, and local ordinances.
(4) The use of temporary structures for the temporary
sale or storage of consumer fireworks are exempt from the
International Building Code, International Fire Code and local
ordinances except that where a city or county ordinance
regulates the sale or use of fireworks as a part of that
city's or that county's building code or fire code, those
provisions of that county's or that city's building code or
fire code which are not in conflict with this rule are not
hereby preempted or affected.
(5) Each license and permit shall be issued and shall
remain valid and effective for the thirteen-month period
beginning on January 1 of the year in which application is
made and ending January 31 of the following year.
(6) Only Division 1.4G consumer fireworks, obtained from
state-licensed wholesalers, not otherwise prohibited by
chapter 70.77 RCW or local ordinance, and holiday related
products incidental but related to these products, may be sold
in retail fireworks stands.
(7) Except as limited by local ordinance, fireworks may
be sold from 12:00 noon to 11:00 p.m. on June 28 through 9:00
p.m. on July 5. Fireworks may not be sold between the hours
of 11:00 p.m. and 9:00 a.m. from June 28 through July 3. Fireworks may not be sold from 12:00 midnight on July 4
through 9:00 a.m. on July 5.
(8) Except as limited by local ordinance, fireworks may
be sold from 12:00 noon to 11:00 p.m. on each day from the
27th of December through the 31st of December of each year.
(9) Licensees shall familiarize all persons working in a
retail fireworks stand with the provisions of these rules.
(10) Failure to comply at any time with the provisions of
this rule or any other applicable regulation shall constitute
a violation of chapter 70.77 RCW and may result in the
temporary suspension or immediate revocation of the license or
permit, closure of the fireworks sales or storage structure,
the seizure and/or forfeiture of some or all of the fireworks,
and other criminal penalties as specified by law.
(11) The local authority having jurisdiction, with the
concurrence of the state fire marshal, is authorized to modify
any of the provisions of WAC 212-17-21509, 212-17-21511,
212-17-21513, 212-17-21515, and 212-17-21517 upon written
application by the licensee or a duly authorized
representative, where there are practical difficulties in the
way of carrying out the provisions of these sections, provided
that the spirit of the rule shall be complied with, public
safety secured and substantial justice done. The particulars
of such modification shall be registered with the state fire
marshal.
[Statutory Authority: Chapters 43.43 and 70.77 RCW. 05-12-033, § 212-17-21505, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. 98-04-007, § 212-17-21505, filed 1/23/98,
effective 2/23/98.]