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 212-17-465 - Violation types and penalty assessments
Universal Citation: WA Admin Code 212-17-465
Current through Register Vol. 24-18, September 15, 2024
(1) The state fire marshal may impose a different penalty than the standard penalties outlined in WAC 212-17-515 based on the following mitigating or aggravating circumstances:
(a)Mitigating circumstances are those that may
result in fewer days of suspension or a lower monetary penalty assessed. A
licensee may demonstrate by implementation of safety or business policies or
practices that reduce the risk of future violations. Examples include, but are
not limited to:
(i) Having a signed
acknowledgment of the practice on file for each employee;
(ii) Having an employee training plan that
includes annual training on fireworks laws.
(b)Aggravating circumstances are those that
will result in increased days of suspension, increased monetary penalties, or
revocation of a fireworks license. Examples include, but are not limited to:
(i) Business operations or behaviors that
create an increased risk for a violation;
(ii) Repeated importation of fireworks that do
not meet the standards when inspected by the U.S. Consumer Product Safety
Commission;
(iii) Intentional
commission of a violation;
(iv)
Disregard for the safety of others that may or may not have resulted in an actual
injury; or
(v) Repeated offenses
where citations have been issued for the same violation during a given time
period.
(c)In addition to
the examples in (a) and (b) of this subsection, the state fire marshal will
provide and maintain a list of business practices for reference as examples where
business policies or practices may constitute mitigating or aggravating
circumstances. This list will not be all inclusive for determining mitigating or
aggravating circumstances, and may be modified by the state fire marshal. The
list will be accessible to all stakeholders and the general public via the
internet.
(2) The state fire marshal may offer a monetary option in lieu of suspension based on mitigating circumstances during a settlement conference as outlined in this chapter.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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