Wash. Admin. Code § 212-17-515
Current through Register Vol. 24-23, December 1, 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. |
Wash. Admin. Code § 212-17-515