Current through Register Vol. 24-18, September 15, 2024
(1) A retail licensee must purchase only
Division 1.4G consumer fireworks, not otherwise prohibited by
chapter
70.77 RCW, this chapter, or
local ordinance from state-licensed wholesalers.
(2) Sale of consumer fireworks:
(a)Will occur only from a licensed consumer
fireworks retail sales (CFRS) facility. Retail sales of fireworks may occur at a
non-CFRS facility when:
(i) An inert sample
package of the consumer fireworks is displayed for sale inside a fixed place of
business and a CFRS facility meeting all of the requirements in this chapter is
placed outside of the fixed place of business.
(ii) The fireworks are paid for inside the
business, the customer is provided a receipt of purchase after the sales
transaction is complete, and the customer shows proof of purchase and takes
possession of the firework package at the CFRS facility.
(b)May occur online as presale from a licensed
Washington fireworks wholesaler or retailer provided that the fireworks are
delivered to fireworks stand where delivery to the consumer will take place at a
CFRS facility during the authorized time periods outlined in
RCW
70.77.395 and where the sale, possession, and
discharge of fireworks are allowed in the jurisdiction.
(i) Any advertisements for sale of fireworks
will contain the fireworks license number and expiration date. Advertising the
sale of fireworks by unlicensed persons is prohibited.
(ii) The purchase or receipt of fireworks must
be through a Washington licensed fireworks wholesaler or retailer.
(3) Holiday related
products incidental but related to these products, may be sold in consumer
fireworks retail sales facilities.
(4)Failure to comply at any time with the
provisions of this section will constitute a violation of
chapter
70.77 RCW and may result in:
(a)The temporary suspension of the license or
permit;
(b)Immediate revocation of
the license or permit for:
(i) A serious health
or public safety violation, if the violation poses an immediate risk to any
person, the action will become effective immediately. The duration of the
revocation will be based upon the action:
(A)
Willful, reckless, or malicious acts will cause the license to be revoked for the
license year.
(B)Accidental or
negligent acts will cause the license to be revoked until the licensee can show
measures to correct and prevent further violations have been put in place (i.e.,
training).
(ii) Information
provided to obtain a license or permit is subsequently found to be inaccurate or
would have prevented the issuance of a license or permit.
(A)The license will be revoked through the
remainder of the license year.
(B)
The person, group, or business may be denied a future license.
(c) Surrendering the
fireworks license to the state fire marshal.
(d) Surrendering the fireworks permit to the
issuing jurisdiction.
(e) Temporary
closure of the CFRS facility or storage structure, the seizure or forfeiture of
some or all of the fireworks, or other criminal penalties as provided by
law.
(5)If the license or
permit is suspended or denied, the applicant will:
(a)Be notified in writing of the reason why
license was denied;
(b)Be given an
opportunity to make such alterations and corrections as are deemed necessary by
the state fire marshal;
(c) Have the
right to request a hearing as outlined in WAC
212-17-475.
(6)Penalties for violations of this section are
provided in WAC
212-17-515.