Washington Administrative Code › Title 212 - State Patrol (Fire Protection) (See also Titles 204, 446 and 448) › Chapter 212-17 - Fireworks › Part X - FINES AND PENALTIES › Section 212-17-515 - Violation/penalty matrix

Current through Register Vol. 24-14, July 15, 2024
WAC - Literal
Description
1st violation
2nd offense or aggravating factors to
						  increase penalty
3rd offense or aggravating factors to
						  increase penalty
212-17-045 (2) and (3)
Possession of an EPCD without a written management plan.
Warning to $250
$500
$1,000
212-17-045(4)
Improper use of EPCD during a burn ban period.
Warning to $500
$750
Used during a burn ban period or increased fire danger in
						  the area where the device was used.
$1,000
Used during a burn ban period or increased fire danger in
						  the area where the device was used.
Fire caused by item that results in a minor injury or
						  property damage (under $25,000).
Fire caused by item that results in a permanent injury,
						  loss of life or major property damage (excess of $25,000).
212-17-045(5)
Use of EPCD that threatens to injure or kill wildlife or
						  persons.
Warning to $500
$750
Injury occurs to wildlife or persons.
$1,000
Wildlife or person killed by use of the EPCD.
212-17-050 (1) and (2)
Importing, manufacturing, selling or possessing a firework
						  with prohibited components, devices or chemicals.
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
Attempt is made to disguise the item as another product
						  that does not contain prohibited chemicals.
212-17-050 (2)(c)(iii)
Failing to segregate similar devices from inventory of
						  products that can be sold or used until the laboratory test results are known.
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-053(2)
Possess, purchase or discharge dangerous fireworks.
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-053(2)
Offering for sale, storage or manufacturing a dangerous
						  firework.
$50 per item or $500 whichever is greater.
$75 per item or $750 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-053
Altering a firework without a pyrotechnic license.
$250
$500
Conducting a fireworks display for hire.
$1,000
Selling altered fireworks.
212-17-055 (2)(c)(iii)(B)
Importing or manufacturing any firework device without
						  receiving an approval from the U.S. DOT per  49 C.F.R. Part 173.56(b) .
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-055(2)
Importing or manufacturing a firework without the required
						  labeling.
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-060(1)
Purchase or use of fireworks outside of time period or
						  from an unlicensed stand.
$25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
If a permit application was denied for under 212-17-060
						  (2)(i) and (ii).
212-17-065(1)
Fail to obtain a license or permit to manufacture, import
						  and wholesale consumer fireworks. (Includes hobbyist or personal use.)
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-065(1)
Fail to obtain a license or permit to manufacture, import
						  and wholesale fireworks. (Commercial use.)
Warning to $50 per item or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Aware of license and permit requirements as a previous
						  license and permit holder.
$100 per item or $1,000 whichever is greater.
Permit application for activity submitted and denied.
212-17-070
Manufacturing, importing, and wholesaling fireworks after
						  an application has been denied.
Warning to $100 per item or $1,000 whichever is greater.
$100 per item or $1,000 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-080
Violation of license limitations.
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-085(1)
Fail to keep records for the required 3 year period.
Warning to $50 per missing record or $500 whichever is
						  greater.
$75 per missing record or $750 whichever is greater.
$100 per missing record or $1,000 whichever is greater.
212-17-085(1)
Fail to produce records and reports when requested .
Warning to $50 per missing record or $500 whichever is
						  greater.
$75 per missing record or $750 whichever is greater.
Fail to comply after 96 hours from close of business that
						  documents were to be provided.
$100 per missing record or $1,000 whichever is greater.
Fail to comply after 96 hours from close of business that
						  documents were to be provided.
212-17-145(1)
Failing to notify the state fire marshal within 5 days of
						  receiving notice from the CPSC that fireworks imported by the licensee have been
						  laboratory tested and failed to meet the CPSC requirements for consumer
						  fireworks.
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Two products imported at the same time failed to CPSC
						  standards.
$100 per item or $1,000 whichever is greater.
More than three products imported at the same time failed
						  to CPSC standards.
212-17-145(4)
Storing imported fireworks that are overloaded (laboratory
						  tested by the CPSC) in a nonap-proved facility.
Warning to $50 per item or $500 whichever is greater.
$75 per item or $750 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-185 (1)(a)
Conducting retail sales of fireworks without a license.
Warning to $250
$500
Aware of license and permit requirements as a previous
						  license and permit holder.
$1,000
Permit application for activity submitted and denied.
212-17-185 (1)(b)
Conducting retail sales of fireworks without a permit
						  issued from the local jurisdiction having authority.
Warning to $250
$500
Fireworks license issued but no permit.
$1,000
Permit application for activity submitted and denied.
212-17-185 (3)(b)
Obtaining a license only to purchase fireworks at
						  wholesaler for personal use.
Warning to $250
$500
Fireworks license issued but no permit.
$1,000
Permit application for activity submitted and denied.
212-17-198(1)
Selling or offering for sale of unap-proved consumer
						  fireworks to the public.
Warning to $50 per item or $500 whichever is greater.
$75 per item or $750 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-198(2)
Retail sales licensee failing to display the list of
						  approved consumer fireworks.
Warning to $250
$500
$1,000
212-17-198(4)
Possession of prohibited fireworks (rockets, firecrackers,
						  missiles, salutes or chasers).
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Net explosive weight of prohibited firework in excess of
						  10 gross pounds.
$150 per item or $1,000 whichever is greater.
Net explosive weight of prohibited firework in excess of
						  25 gross pounds.
212-17-198(4)
Use of prohibited fireworks (missiles, rockets,
						  firecrackers, salutes or chasers).
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Fire caused by item that results in an injury requiring
						  treatment on-site or property damage (under $25,000).
$150 per item or $1,000 whichever is greater.
Fire caused by item that results in an injury requiring
						  treatment at a hospital, loss of life or major property damage (excess of
						  $25,000).
212-17-21504(1)
Retailer purchasing any consumer fireworks from a
						  nonli-censed wholesaler.
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-21504(2)
Retailer selling or delivering fireworks from location
						  other than in a manner authorized.
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
$100 per item or $1,000 whichever is greater.
212-17-21504 (2)(b)(i)
Advertisement violation.
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Aware of license and permit requirements as a previous
						  license and permit holder.
$100 per item or $1,000 whichever is greater.
License or permit application for activity submitted and
						  denied.
212-17-21504 (2)(b)(ii)
Purchase of consumer fireworks from unlicensed wholesaler
						  in Washington .
Warning to $25 per item or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Fireworks ordered in excess of 125 pounds gross net
						  explosive weight.
$100 per item or $1,000 whichever is greater.
Fireworks ordered in excess of 300 pounds of gross net
						  explosive weight.
212-17-21505
Violation of local permit or rules for CFRS facility
						  requirements.
Warning to $250
$500
Aware of license and permit requirements as a previous
						  license and permit holder.
$1,000
Permit application for activity submitted and denied.
212-17-21505
Conducting retail sales from an unapproved CFRS facility.
Warning to $500
$750
Aware of license and permit requirements as a previous
						  license and permit holder.
$1,000
Permit application for activity submitted and denied.
212-17-21511
Discharge of fireworks within 300 feet of the CFRS
						  facility.
Warning to $250
$500
$1,000
212-17-21519
Fail to cleanup and remove CFRS facility.
Warning to $250
$500
$1,000
212-17-220
Unlicensed/underaged pyrotechnic operator conducting a
						  fireworks display.
Warning to $250
$500
Pyrotechnic operator's license expired no more than 6
						  months (July 31st).
$1,000
Licensed pyrotechnic operator's information submitted for
						  permit is different than person conducting display.
212-17-223(2)
Conducting a fireworks display without a general display
						  license.
Warning to $250
$500
Expired license, aware of license requirements as a
						  previous license holder.
$1,000
Denied or failed to qualify for the level of pyrotechnic
						  license needed.
212-17-225(3)
Submitting an application for a pyrotechnic operator's
						  license with false or inaccurate information.
Warning to $500
$750
Information provided was for a higher level license, i.e.,
						  proximate or special effects.
$1,000
Person is disqualified by the ATF from being a user/
						  possessor.
212-17-235(1)
Failing to supervise personnel or the handling, preparing
						  and firing of a fireworks display.
Warning to $250
$500
Results in an injury requiring treatment on-site or a fire
						  causing property damage (under $25,000).
$1,000
Pyrotechnic operator listed on the permit is absent when
						  the display is being setup/inspected. Results in an injury requiring treatment at
						  a hospital, loss of life or a fire causing major property damage (excess of
						  $25,000).
212-17-260
Conducting a fireworks display without a general display
						  license.
Warning to $250
$500
Aware of license requirements as a previous license
						  holder.
$1,000
Application for a general display license was denied or
						  license was suspended or revoked.
212-17-270(1)
Conducting a fireworks display without obtaining a permit
						  from the local authority having jurisdiction.
Warning to $500
$750
Aware of permit requirements as a previous permit holder.
$1,000
212-17-270(4)
Public display permittee failed to comply with the
						  provisions of a public display permit.
Warning to $250
$500
Display starting later than allowed by permit.
$1,000
212-17-345
Failure to submit a report to the state fire marshal for
						  any public display conducted.
Warning to $25 per report or $250 whichever is greater.
$50 per item or $500 whichever is greater.
Display had a fire causing an injury requiring treatment
						  on-site or property damage (under $25,000).
$1,000
Display had a fire causing an injury requiring treatment
						  at a hospital, loss of life or major property damage (excess of $25,000).
212-17-425
Carrier delivering fireworks without having the proper
						  license to transport such class and quantity of fireworks.
Warning to $50 per report or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Fireworks delivery in excess of 125 pounds net weight of
						  explosive, but less than 500 net weight of explosive.
$100 per item or $1,000 whichever is greater.
Fireworks delivery in excess of 501 pounds net weight of
						  explosive.
212-17-430
Common carrier delivering fireworks to a person or firm
						  within Washington state without a valid importer's license.
Warning to $50 per report or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Fireworks delivery in excess of 125 pounds net weight of
						  explosive, but less than 500 net weight of explosive.
$100 per item or $1,000 whichever is greater.
Fireworks delivery in excess of 501 pounds net weight of
						  explosive.
212-17-435
Storage of fireworks that present an increased hazard or
						  menace of fire or explosion.
Warning to $50 per report or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Fireworks storage in excess of 125 pounds net weight of
						  explosive, but less than 500 net weight of explosive.
$100 per item or $1,000 whichever is greater.
Fireworks storage in excess of 501 pounds net weight of
						  explosive.
212-17-440
Common carrier storage without a fireworks license or
						  permit.
Warning to $50 per report or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Fireworks storage in excess of 125 pounds net weight of
						  explosive, but less than 500 net weight of explosive.
$100 per item or $1,000 whichever is greater.
Fireworks storage in excess of 501 pounds net weight of
						  explosive.
212-17-442
Permanent storage of any fireworks by a licensed person in
						  an unapproved facility without proper license/permit/approval.
Warning to $50 per item or $500 whichever is greater.
$75 per item or $750 whichever is greater.
Aware of license and permit requirements as a previous
						  license and permit holder.
$100 per item or $1,000 whichever is greater.
Permit application for storage submitted and denied by
						  local AHJ.
212-17-446 (2) and (4)
No permit for temporary storage or in violation of the
						  requirements.
Warning to $250.
$500
Aware of license and permit requirements as a previous
						  license and permit holder.
$1,000
Permit application for activity submitted and denied.