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
Universal Citation: WA Admin Code 212-17-515
Current through Register Vol. 24-18, September 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. |
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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