Current through Register Vol. 24-18, September 15, 2024
(1)
Consumer fireworks as defined
in RCW
70.77.136 includes the following devices
manufactured in accordance with the American Pyrotechnics Association Standards
outlined in WAC 212-17-021:
(a)Ground and
hand-held sparkling devices;
(i) Wire
sparkler/dipped stick;
(ii)
Cylindrical fountain;
(iii) Cone
fountain;
(iv) Illuminating
torch;
(v) Wheel;
(vi) Ground spinner;
(vii) Flitter sparkler;
(viii) Toy smoke device;
(b)Aerial device;
(i) Helicopter, aerial spinner;
(ii) Roman candles;
(iii) Mine and shell devices;
(iv) Aerial shell kit, reloadable
tube.
(c)Multiple tube
fireworks devices - Cake.
(d)New
fireworks items as defined in
RCW
70.77.236 may be added to the list of consumer
fireworks if approved by the state fire marshal.
(2)
"Dangerous fireworks" means:
(a)Any firework in its originally manufactured
form that meets the standards for a consumer firework as established in this
chapter, that has been altered, modified, enhanced, manipulated, tampered, or
disassembled.
(b)Fireworks that are
examined or tested for compliance with standards established for consumer
fireworks and determined to possess characteristics of design or construction
that make such item unsafe for use by any person not specially qualified or
trained in the use of fireworks. The determination may be made by:
(i) The consumer product safety commission;
(ii) Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iii) State
fire marshal's office; or
(iv)
Department of labor and industries.
(c)All fireworks designed and intended by the
manufacturer to create the element of surprise upon the user.
(d) Fireworks that explode upon impact or by
friction, unless otherwise classified by the state fire marshal pursuant to this
chapter.
(3)"Display
fireworks" means pyrotechnic devices for professional use similar to
consumer fireworks in chemical composition and construction but not intended for
consumer use. Types of display fireworks:
(a)Aerial shell that is:
(i) Cylindrical or spherical cartridge
containing:
(A)Lift charge;
(B)Burst charge;
(C)Effect composition.
(ii) Commonly sized from two to ten inches in
diameter; and
(iii) Fired from metal,
high-density polyethylene (HDPE), fiberglass, or heavy cardboard tubes.
(b)Salute that is:
(i) Paper-wrapped, cardboard tube, or sphere
containing explosive composition in excess of 130 mg (2 grains); and
(ii) Upon ignition, produces noise and a flash
of light.
(c)Consumer
fireworks.
(4)
"Explosive pest control devices (EPCDs)" means pest control
pyrotechnics or agricultural and wildlife fireworks devices used for pest control
efforts within the agricultural, aquacultural (commercial fishing operations),
horticultural, and aviation industries when wildlife damage agriculture,
property, or threaten public safety or health.
Commonly known types of EPCDs are:
(a)
"Bird bombs, shell crackers or
cracker shells" means 12 gauge shotgun shells containing a sound and flash
explosive charge that is designed to explode in air or on the surface of the
water at a distance of seventy-five to one hundred yards from the point of
discharge.
(b)"Screamer rockets
or banger rockets" means units ignited using a hand-held launcher, similar
to a .22 short caliber starter pistol, that fly through the air, emitting a loud
whistling sound (screamers) similar to other whistling type fireworks, or end in
an impulsive report similar to a firecracker.
(c)
"Seal bomb" means underwater
firecrackers available domestically, similar to "M-80" firecrackers and contain
approximately 2.3 grams of "flash and sound" charge mixture in a sealed cardboard
tube, fitted with an eight to nine second waterproof fuse. UN0471 Class 1.4E
explosives or NA0412 Class 1.4E explosive.
(d)"Rocket nets" means a net that
is propelled by regulated explosive materials to capture or scare away pest
wildlife.
(e)
"Rope
firecrackers" or "rope salutes" means the fuses of large
firecrackers are inserted through cotton rope. As the rope burns, the fuses are
ignited.
(5)"Flame
effect" means the combustion of solids, liquids, or gases to produce
thermal, physical, visual, or audible phenomena before an audience in one of the
three methods:
(a) "Automatic flame effect"
means a flame effect that is supervised and fired by an automatic control
system.
(b) "Manual flame effect"
means a flame effect that is operated manually without the use of an automatic
control system.
(c)"Portable flame
effects" means flame effects that are designed and installed, either in a
permanent or temporary installation, and that are designed to move or be moved in
the course of operation or installation.
(6)"Forbidden devices" means any
device for sale to the public that produces an audible effect (other than a
whistle) by a charge of more than 130 mg (2 grains) of explosive composition per
report.
(7)"Igniter"
means device used for the electrical ignition of fireworks and pyrotechnic
articles that contains a small amount of pyrotechnic material that ignites when a
specified electric current flows through the leads.
(8)"Prohibited components" means
no component of any consumer fireworks device or novelty may upon functioning,
project or disperse any metal, glass, or brittle plastic fragments.
(9)"Theatrical pyrotechnics" means
pyrotechnics that are approved as:
(a)UN0431,
Articles, Pyrotechnic 1.4G;
(b)UN0432, Articles, Pyrotechnic
1.4S;
(c)UN0430, Articles,
Pyrotechnic 1.3G; and
(d) Do not bear
a warning label that resembles the required wording on a consumer fireworks
device.
(10)"Trick
and novelty devices" means any small fireworks devices that are not
regulated as explosives and are not classified as consumer or display fireworks
by the United States Department of Transportation.
(a) These devices must still comply with all
labeling requirements of the Consumer Product Safety Commission applicable to
consumer fireworks devices as required in WAC
212-17-055 and includes the
following items as defined in APA 87-1:
(i)
Snakes, glow worm.
(ii) Party
popper.
(iii) Snapper.
(iv) Toy smoke devices.
(v) Toy caps.
(b)Trick and novelty devices does not include
any kind of sparklers as outlined in subsection (1)(a) of this section.
(11)For the purpose of this chapter
the following terms will have the same meaning as APA 87-1 adopted under WAC
212-17-021:
(a)Chemical composition.
(b)Explosive composition.
(c)Pyrotechnic composition.
Statutory Authority:
Chapters
43.43 and
70.77 RCW. 05-12-033, §
212-17-025, filed 5/24/05, effective 6/24/05. Statutory Authority:
RCW
70.77.250. 84-23-009 (Order FM 84-05), §
212-17-025, filed 11/9/84. Statutory Authority:
RCW
70.77.250 and chapter 48.48 RCW. 82-22-068
(Order FM 82-10), § 212-17-025, filed
11/2/82.
