"Fireworks"  Fireworks are any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or continued in the regulations of the United States Department of Transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G as of April 1975.

"Fire Nuisance"  "Fire Nuisance" means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or a hindrance to the prevention or extinguishment of fire. (WAC 70.77.165)

Seizure of fireworks.  Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or the rules or regulations of the *director of community, trade, and economic development, through the director of fire protection, shall be subject to seizure by the *director of community, trade, and economic development through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority. Any fireworks seized by legal process anywhere in the state may be disposed of by the *director of community, trade, and economic development, through the director of fire protection, or the agency conducting the seizure, by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of R.W. 70.77.440, whichever is later.

Unlawful possession of fireworks - penalties. It is unlawful to possess any class or kind of fireworks in violation of this chapter. A violation of this section is:

A misdemeanor if involving less than one pound of fireworks, exclusive of external packaging; or

A gross misdemeanor if involving one pound or more of fireworks, exclusive of external packaging. "External packaging" means any materials that are not an integral part of the operative unit of fireworks.

Unlawful discharge or use of fireworks - penalty. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor.

Dates and times common fireworks may be sold or discharged. It is legal to sell, purchase, use, and discharge common fireworks within this state from twelve o’clock noon on the twenty-eighth of June to twelve o’clock noon on the sixth of July of each year and as provided in R.C.W. 70.77.311. However, no common fireworks may be sold or discharged between the hours of eleven o’clock p.m. and nine o’clock a.m., except on July 4th from nine o’clock a.m. though twelve o’clock midnight, and except from six o’clock p.m. on December 31st until one o’clock a.m. on January 1st of the subsequent year: PROVIDED, That a city or county may prohibit the sale or discharge of common fireworks on December 31, 1995, by enacting an ordinance prohibiting such sale or discharge within sixty days of April 17, 1995.

Sale of certain fireworks prohibited. No fireworks may be sold or offered for sale to the public as common fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States Department of Transportation and the federal consumer products safety commission except as provided in R.C.W. 70.77.311.