Cities and counties may, by ordinance, further restrict the days and times on which fireworks can be sold and unloaded, or even ban the sale and unloading of fireworks altogether, but local regulations cannot be less restrictive than state law. Some jurisdictions have issued orders that come into effect after the one-year legal waiting period in RCW 70.77.250 (4) allowing certain officials (such as the mayor, county council, sheriff or fire marshal) to ban fireworks in emergency conditions such as high fire risk. Permitted fireworks include: cylindrical and conical fountains, flares, wheels, moths, sparkling candles, sparkles on the ground. The sale of licensed fireworks in temporary tents over 800 square feet requires a fire tent permit. State law requires signage at the point of sale and exhibition that prohibits anyone under the age of 16 from purchasing authorized fireworks for consumers. Additional permits and zoning permits may be required by the Zoning Planning and Development Division. This list is not exhaustive and is intended only to include political examples. The Washington State Fire Marshal`s Office used to keep a list of cities and counties with restrictions and bans on fireworks, but dropped that list. It is not clear whether local governments have the authority to impose an immediate ban on fireworks during times of high fire risk. In addition, it can be argued that RCW 70.77.250(4) does not affect the ability of local governments to impose emergency restrictions or prohibitions in response to extreme heat, drought or other circumstances that would render the firing of fireworks unreasonably dangerous. There are licensing exceptions for the purchase and use of certain agricultural and wildlife fireworks by government agencies and for the purchase of fireworks for consumer use by religious or private organizations for “religious or specific purposes”, subject to the approval of the local fire officer (RCW 70.77.311).
There is no clear law on this issue, so local governments must assess the potential legal risks of an emergency response that restricts or prohibits the firing of fireworks. Important: According to RCW 70.77.250(4), local ordinances restricting the sale or dumping of fireworks or prohibiting their sale and discharge cannot come into force until one year after they are passed. However, some jurisdictions have also implemented emergency fireworks bans during periods of high fire risk, as explained below. All local fireworks ordinances that are more restrictive than state law may take effect no earlier than one year after they are passed. RCW 70.77.401 prohibits the sale or offer for sale of the following types of fireworks: [C]Consumer fireworks classified as celestial or flares, fireworks, firearm salvos, or pursuers as defined by the U.S. Department of Transportation and the Federal Consumer Products Safety Commission, except as provided in RCW 70.77.311. This law may be updated from time to time, so please check www.azleg.gov/ars/36/01606.htm for current requirements and dates. Below are references based solely on state law at the time of publication on this page. This page provides an overview of Washington State local government authority to regulate fireworks, including relevant state laws, permits, and licenses, the date and time fireworks can be sold or unloaded, emergency fireworks bans, and examples of local ordinances and advisory votes.
The Washington State Fire Marshal`s Office has two documents that can help identify legal and illegal fireworks: The Phoenix Fire Code prevents the sale and use of fireworks in the city of Phoenix. On certain dates, however, Arizona state law replaces this requirement and allows its sale and use. Section 36-1606 of the Revised Laws of Arizona governs when authorized fireworks may be purchased, sold, and used in Arizona. The law does not apply to novelties: snappers, caps, fireflies, snakes, party poppers and sparklers. In addition to obtaining a state license, RCW 70.77.260(1) states that anyone wishing to manufacture, import, sell, or transport fireworks must also obtain a local permit issued by a city or county before engaging in these activities. The Washington State Patrol (WSP) enforces state fireworks laws (see Chapter 70.77 RCW and Chapter 212-17 WAC). For general information on fireworks, licensing and fireworks laws for emergency services, visit WSP`s Fireworks page. Some jurisdictions have used non-binding consultation votes to get citizen feedback on whether or not to ban consumer fireworks.
Current examples can be found in our Local Voting Measures Database. (Click Search by Keyword and enter Fireworks.) RCW 70.77.395 specifies the authorized dates and times for the sale or dumping of fireworks, as shown in the table below. However, this does not apply to tribal areas. Similarly, the town of Snoqualmie produced a document that showed which fireworks are considered illegal within the city limits. However, state law leaves some leeway for local regulations, such as when fireworks can be sold or unloaded. Cities and counties can even ban the sale and firing of fireworks altogether. Fire personnel are given illegal fireworks, which are voluntarily returned to fire station sites. To report the use of illegal fireworks, contact the Phoenix Police Department @602-262-6151. Below are selected examples of cities or counties that have enacted ordinances that are more restrictive than state fireworks laws, including those that completely ban fireworks. Fireworks authorized for sale under state law may not be sold to persons under the age of 16.
The penalty for selling, buying or using fireworks outside the permitted dates is a fine of $1,000. The use of fireworks on City of Phoenix preservation properties is prohibited and is a Class 1 offence punishable by a $1,000 fine. The following ordinances completely prohibit fireworks with exceptions such as public displays, religious activities, private events, and agricultural and wildlife uses. Cities and counties may charge a fee for the sale of fireworks and shows sufficient to cover all legitimate costs up to the maximum amounts prescribed in RCW 70.77.555. State law governs the regulation of fireworks, including the licensing of fireworks for public fireworks and fireworks vendors, and when fireworks can be fired. The sale of fireworks for use by authorized consumers is permitted: here are examples of jurisdictions that have taken emergency measures. In the case of a public issuance permit, only the city or county authority (but not a commissioner) can grant the permit based on an investigation by the local fire officer (RCW 70.77.280). Use may be restricted if a federal or state agency implements Level One fire restrictions. An application must be made to the local fire officer (RCW 70.77.260), who must submit a report of findings and a reasoned recommendation for or against the granting of the permit to the board of directors (RCW 70.77.265).
