Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-104 - Board of boiler rules-Substantive › Section 296-104-701 - What are the civil penalties?

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 installer, owner, user, operator, or repair organization of a boiler or
			 pressure vessel that violates a provision of chapter 70.79 RCW, or of the rules
			 adopted under that chapter, is liable for a civil penalty based on the
			 following schedule.
Operating under pressure a boiler or pressure vessel which the
				department has condemned, has issued a red tag or has suspended the inspection
				certificate:
First offense . . . . . . . . . . . . . . . . . . . .
						  . . . . . .
$150.0
Second offense . . . . . . . . . . . . . . . . . . . .
						  . . . .
$300.00
Each additional offense . . . . . . . . . . . . . . .
						  . .
$500.00
Each day of such unlawful operation shall be deemed a separate
				offense.
Operating under pressure a boiler or pressure vessel without a
				valid inspection certificate:
First offense ..........................
$50.00
Second offense ........................
$100.00
Each additional offense .................
$200.00
Each day of such unlawful operation shall be deemed a separate
				offense.
Installation of a boiler or pressure vessel without meeting
				prior filing requirements of WAC
				296-104-020:
First offense ..........................
$100.00
Second offense ........................
$200.00
Each additional offense .................
$500.00
Performing a welded repair or alteration to a boiler or unfired
				pressure vessel, without meeting the filing and procedural requirements of WAC
				296-104-503:
First offense ..........................
$150.00
Second offense ........................
$300.00
Each additional offense .................
$500.00
A violation will be a second or additional offense only if it
				occurs within one calendar year from the first violation.
Performing resetting, repair or restamping of safety valves,
				safety relief valves, or rupture discs, without meeting requirements of WAC
				296-104-520:
First offense ..........................
$150.00
Second offense ........................
$300.00
Each additional offense .................
$500.00
Failure of owner to notify chief inspector in case of accident
				which serves to render a boiler or unfired pressure vessel inoperative, as
				required by WAC
				296-104-025:
Each offense .........................
$100.00
Failure to comply with a noncompliance report
				requirement:
Within 90 days ........................
$100.00
Within 91-180 days ....................
$250.00
Within 181-270 days ...................
$400.00
Within 271-360 days ...................
$500.00
(2)
			 The inspection agency responsible for the in-service inspector of a boiler or
			 unfired pressure vessel that violates a provision of chapter 296-104 WAC, or
			 the rules adopted under that chapter, is liable for a civil penalty based on
			 the following schedule.
Failure to file a report of inspection per WAC
						  296-104-040:
Each offense .........................
$50.00
Failure to apply a state serial number per WAC
						  296-104-140:
Each offense .........................
$50.00
Failure to attach a "Red TAG" per WAC
						  296-104-110:
Each offense .........................
$50.00
Each object (boiler or unfired pressure vessel) is considered a
				separate offense.
(3) The
			 department shall by certified mail notify a person of its determination that
			 the person has violated this section.
(4) Any person aggrieved by an order or act
			 under the boiler and unfired pressure vessels law or under the rules and
			 regulations may appeal to the board of boiler rules. This appeal shall be filed
			 within twenty days after service of the notice of the penalty to the assessed
			 party by filing a written notice of appeal with the chief boiler inspector per
			 RCW
			 70.79.361.
(5) Each day that a violation occurs will be
			 a separate offense. A violation will be a second or additional offense only if
			 it occurs within one year from the first violation.
Statutory Authority:
				  RCW
				  70.79.030,
				  70.79.040,
				  70.79.150,
				  70.79.290,
				  70.79.330, and
				  70.79.350. 05-22-092, §
				  296-104-701, filed 11/1/05, effective 1/1/06. Statutory Authority:
				  Chapter
				  70.79 RCW. 04-21-069,
				  § 296-104-701, filed 10/19/04, effective 1/1/05. Statutory Authority:
				  RCW
				  70.79.030,
				  70.79.040 and
				  chapter
				  70.79 RCW. 00-21-024,
				  § 296-104-701, filed 10/10/00, effective 11/13/00. Statutory Authority:
				  Chapter
				  70.79 RCW. 87-12-003
				  (Order 87-10), § 296-104-701, filed
				  5/21/87.