All consumer fireworks are banned within the City of Kennewick. The Washington State Fireworks Law at Chapter 70.77 RCW (the State Fireworks Act) authorizes cities under RCW 70.77.395 to adopt local ordinances more restrictive than the state baseline, and Kennewick has used that authority to prohibit the sale, possession, and discharge of consumer fireworks city-wide. Aerial and explosive fireworks are illegal throughout Washington under RCW 70.77.136 and RCW 70.77.401 regardless of local opt-in.
Washington regulates fireworks under Chapter 70.77 RCW (the State Fireworks Law), which is the exclusive authority over fireworks classification, licensing, and statewide minimums. RCW 70.77.136 prohibits Class B (display) and other dangerous fireworks for consumer use, and RCW 70.77.401 prohibits the sale and discharge of consumer fireworks that are not approved by the State Fire Marshal. RCW 70.77.395 sets the statewide consumer-fireworks sale and discharge windows (generally June 28 through July 5 around Independence Day and December 27 through 31 around New Year's Eve) but expressly allows cities and counties to enact ordinances that are more restrictive, including total bans. Any local ordinance more restrictive than state law takes effect at least one year after adoption (RCW 70.77.395). The City of Kennewick has used that authority to ban consumer fireworks city-wide: sale, possession, and discharge of any consumer fireworks within Kennewick city limits is prohibited regardless of date. The ban is enforced by the Kennewick Police Department and the Kennewick Fire Marshal under KMC Chapter 15.30 (Fire Prevention Code), which incorporates the Washington State Fire Code at WAC 51-54A and IFC Chapter 56. The Kennewick prohibition is stricter than the surrounding unincorporated Benton County rule (Benton County Code 7.30.120 allows consumer fireworks during the state windows). Unincorporated Benton County's program also includes a year-by-year ban authority: the County Commissioners may ban fireworks between June 28 and July 5 if the Southeast Washington Region Energy Release Component reaches 17 or higher on or after June 19. Public fireworks displays (commercial / professional) in Kennewick require both a State Fire Marshal license under RCW 70.77.255 (and WAC Chapter 212-17) and a local permit through the Kennewick Fire Marshal at least 15 days in advance under KMC 15.30. Only listed and approved sparklers and novelties are allowed at the discretion of the City, and Kennewick's ban makes even those unlawful in the city.
Discharging or possessing consumer fireworks in violation of state law is a gross misdemeanor under RCW 70.77.488, punishable by up to 364 days in jail and a $5,000 fine. Selling fireworks without a state license under RCW 70.77.255 is a gross misdemeanor under RCW 70.77.510. Local Kennewick fireworks-ordinance violations are enforceable as civil infractions and as criminal misdemeanors under KMC Chapter 15.30 and the Kennewick general penalty section, in addition to the state penalties. Negligent or reckless use that causes a fire may also support charges under RCW 9A.48.040 (Reckless burning in the second degree) or RCW 9A.48.050 (Reckless burning in the first degree, a felony), with restitution for any property damage.
Kennewick, WA
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