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Subjects › Public Safety › Regulation of Fireworks
Updated 05/2011

Regulation of Fireworks

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About Fireworks Regulation in Washington

The State of Washington has not completely preempted local government regulation of fireworks, but fireworks regulation is largely governed by the state fireworks law, Chapter 70.77 RCW and the administrative regulations adopted by the Washington State Patrol, Chapter 212-17 WAC.

RCW 70.77.250(1) provides that "the chief of the Washington state patrol, through the director of fire protection, shall enforce and administer this chapter." Additionally, though federal law does not directly cover local use of fireworks, the Washington statutes defining various classifications of fireworks incorporate classifications adopted by the United States Department of Explosives - see RCW 70.77.136. In short, this is an area where local governments need to be careful concerning what they can and cannot regulate.

State Licenses and Local Government Permits

Any individual or company wanting to manufacture, import or sell fireworks, or make a public display of fireworks, needs a state license and a permit from the appropriate local government jurisdiction (city or county) where the action is to take place. See RCW 70.77.255 and 70.77.315. There are bonding and insurance requirements for any individual or company putting on a public fireworks display - see RCW 70.77.355. There are also insurance requirements for retail fireworks stands - see RCW 70.77.270(3).

Retail Stands for Sale of Fireworks

The state regulates temporary or permanent structures where fireworks are sold or stored:

WAC 212-17-21505 - 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 common 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 common fireworks from temporary structures these rules preempt that city's or that county's authority to enact or enforce any other regulations.

There are state regulations dealing with the siting and setbacks required of retail fireworks stands - see RCW 70.77.270.

Dates and Times Fireworks May Be Sold or Discharged

State law sets the allowable times for sale or discharge of fireworks. Fireworks may be sold and purchased: (1) from noon to 11 p.m. on June 28; (2) from 9 a.m. to 11 p.m. on June 29 through July 4; (3) from 9 a.m. to 9 p.m. on July 5; and (4) from noon to 11 p.m. on December 27 through December 31. Fireworks may be used and discharged: 1) from noon to 11 p.m. on June 28; (2) from 9 a.m. to 11 p.m. on June 29 through July 3; (3) from 9 a.m. to midnight on July 4; (4) from 9 a.m. to 11 p.m. on July 5; and (4) from 6 p.m. on December 31 to 1 a.m. on January 1. RCW 70.77.395.

Counties and cities can be more restrictive that state restrictions and can even ban all sale and discharge of fireworks, but they cannot be more liberal. See the state supreme court decision Brown v. Yakima, 116 Wn.2d 556 (1991), which held that the state fireworks law does not prevent a local government from enacting an ordinance more restrictive than state law.
Any local rules that are more restrictive may be effective no sooner than one year from their adoption. RCW 70.77.250(4).

Local Government Regulatory Ordinances

Below are samples of fireworks ordinances from several jurisdictions. The Washington State Patrol website lists Jurisdictions in Washington with Ordinances Restricting or Banning Fireworks (Adobe Acrobat Document). Cities and counties should carefully review any proposed ordinance to make sure that the provisions are not in conflict with the state law and the current WAC regulations. Many fire departments and fire districts have staff with some knowledge of fireworks regulations, and the Washington State Patrol director of fire protection may be able to provide assistance.

Statutes and Regulations

Emergency Provisions for Fire Danger

  • Douglas County Code  Section 8.20.160 - Fireworks Sale Restrictions During Certain Emergencies
  • San Juan County Code Section 9.20.080 - Prohibition Due to Extreme Fire Danger

Provisions Allowing Sale and Use of Fireworks

Provisions Prohibiting Sale and Use of Fireworks Except for Public Displays and Religious Activities

Provisions Relating to the Public Display of Fireworks

Public Information

Information Resources