WAC 212-17-515. Violation/penalty matrix

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 nonapproved 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 unapproved 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 nonlicensed 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. 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 nonapproved 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 unapproved 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 nonlicensed 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.