Washington Administrative Code › Title 212 - State Patrol (Fire Protection) (See also Titles 204, 446 and 448) › Chapter 212-12 - Fire marshal standards › Section 212-12-030 - Right of appeal for state cited facilities

Current through Register Vol. 24-14, July 15, 2024
The following procedure will apply to appeals of orders,
				decisions or citations made by the state fire marshal's office and it does not
				apply to CMS federal surveys:
(1)
			 Administrative appeal (step 1) - A facility will have an opportunity to dispute
			 cited deficiencies with a chief deputy state fire marshal. The purpose of this
			 informal process is to give the facility an opportunity to refute cited
			 deficiencies after an inspection. A written request with an explanation of the
			 specific deficiencies that are being disputed must be submitted within fifteen
			 days of receipt of the correction notice. All submittals must be sent to
			 WSP-Fire Protection Bureau, P.O. Box 42642, Olympia, WA 98504-2642 or via email
			 at FIREMAR SH@wsp.wa.gov. If a facility is successful in demonstrating that a
			 deficiency should not have been cited, the chief deputy state fire marshal will
			 remove or make the appropriate corrections to the citation. If a facility is
			 unsuccessful in demonstrating that a deficiency should not have been cited, the
			 facility will be notified in writing that the citation will remain unchanged.
			 The facility will then have the option to proceed to step #2 in the
			 administrative appeal process.
(2)
			 Administrative appeal (step 2) - If a facility is not satisfied with the
			 decision made during the administrative appeal (step 1), they may appeal the
			 decision in writing within ten days of receipt of the written decision to the
			 prevention division assistant state fire marshal. If a facility is successful
			 in demonstrating that a deficiency should not have been cited, the assistant
			 state fire marshal will remove or make the appropriate corrections to the
			 citation. If a facility is unsuccessful in demonstrating that a deficiency
			 should not have been cited, the facility will be notified in writing that the
			 citation will remain unchanged. The facility will then have the option to
			 proceed to step #3 in the administrative appeal process.
(3) Administrative appeal (step 3) - If a
			 facility is not satisfied with the decision made during the administrative
			 appeal (step 2), they may appeal the decision in writing within ten days of
			 receipt of the written decision to the director of fire protection. If a
			 facility is successful in demonstrating that a deficiency should not have been
			 cited, the director of fire protection will remove or make the appropriate
			 corrections to the citation. If a facility is unsuccessful in demonstrating
			 that a deficiency should not have been cited, the facility will be notified in
			 writing that the citation will remain unchanged.
(4) This is a final agency action.
Note:
This appeal process is not applicable to
						the Life Safety Code inspections.
Statutory Authority:
				  RCW
				     18.20.130,
				  18.46.110,
				  18.51.140, 41.12.485, 48.48.030,
				  48.48.045, 70.62.290,
				  74.15.050. 08-06-050, §
				  212-12-030, filed 2/28/08, effective 3/30/08. Statutory Authority:
				  Chapter
				  19.27 RCW. 02-16-023, §
				  212-12-030, filed 7/29/02, effective 8/29/02. Statutory Authority:
				  Chapters
				  43.63A and 48.48 RCW.
				  93-05-032 (Order 93-02), § 212-12-030, filed 2/16/93, effective
				  3/19/93.