Title 212 WAC — State Patrol (Fire Protection) (See also Titles 204, 446 and 448)

Chapter 212-10 Smoke detection devices in dwelling units.

Wash. Admin. Code § 212-10-010 Administration, authority.

These rules are adopted pursuant to chapter 50, Laws of 1980, entitled smoke detection devices in dwelling units, and to RCW 43.44.110 to provide for the installation and maintenance of smoke detection devices inside all dwelling units:

(1) Occupied by persons other than the owner; or

(2) Built or manufactured in this state.

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-010, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-010, filed 2/4/81.

Wash. Admin. Code § 212-10-015 Application and scope.

(1) The provisions of these rules shall apply to:

(a) All dwelling units occupied by persons other than the owner after December 31, 1981;

(b) All dwelling units built or manufactured in this state after December 31, 1980; and

(c) All dwelling units sold on or after July 1, 2019.

(2) Notwithstanding the provisions of chapter 19.27 RCW, RCW 43.22.340 through 43.22.434 and 43.22.450 through 43.22.490, the provisions of these rules shall also apply to all buildings or structures, mobile homes and factory built housing used as dwelling units.

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-015, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-015, filed 2/4/81.

Wash. Admin. Code § 212-10-020 Definitions.

(1) Smoke detection device. A self-contained alarm for detecting visible or invisible particles of combustion, which consists of an assembly of electrical components including a smoke chamber, alarm sounding appliance, and provision for connection to a power supply source, either by splice leads or a cord and plug arrangement or containing integral batteries. A supplemental heat detector may be included as part of the appliance. Terminals may be included for connection to a remote, audible signaling appliance or accessory. An integral transmitter may also be included to energize a remote audible signaling appliance. The smoke detection device may be of the photoelectric and/or ionization type.

(2) Photoelectric detector. A smoke detection device which activates when visible smoke from a fire enters the detector. Sensitive to smoldering fires as well as smoke generated by an open flame fire.

(3) Ionization detector. A smoke detection device which activates in response to invisible particles created by combustion. Sensitive to open flame fire.

(4) Combination photoelectric/ionization detector. A smoke detection device containing both an ionization and a photoelectric element.

(5) Dwelling unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

(6) Sleeping room. A room or area of the dwelling unit which is ordinarily used for sleeping.

(7) Factory built housing. For the purpose of these rules, factory built housing is considered as any structure designed primarily for human occupancy other than a mobile home, the structure of any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site, and which is subject to regulation by the Washington department of labor and industries pursuant to RCW 43.22.450 through 43.22.490.

(8) Mobile home. For the purpose of these rules, a mobile home is considered as a factory-assembled structure or structures assembled with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without a permanent foundation, and which is subject to regulation by the Washington department of labor and industries pursuant to RCW 43.22.340 through 43.22.434.

(9) New building. For the purpose of these rules, a new building is considered as any structure constructed, erected or moved onto a permanent site on or after December 31, 1980, any portion of which is used or intended for use as a dwelling unit by any person or persons.

(10) Existing building. For the purpose of these rules an existing building is considered as any structure in existence prior to December 31, 1981, any portion of which is used, intended for use or thereafter converted for use as a dwelling unit by any person or persons other than the owner who do not otherwise qualify as a guest or member of the household of the owner.

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-020, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-020, filed 2/4/81.

Wash. Admin. Code § 212-10-025 Conformance with nationally accepted standards.

All smoke detection devices shall be designed, manufactured, and installed in conformance with the requirements of Underwriters Laboratories, Inc. Standard UL 217 or codes adopted by chapter 19.27 RCW, and shall be approved or listed for the purposes for which they are intended.

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-025, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-025, filed 2/4/81.

Wash. Admin. Code § 212-10-045 Installation responsibility.

(1) It is the responsibility of the builder or manufacturer of each new building, mobile home or factory built housing to install smoke detection devices within each dwelling unit.

(2) It is the responsibility of the owner of each existing building, mobile home or factory built housing to install smoke detection devices within each dwelling unit occupied by persons other than the owner.

(3) It is the responsibility of the owner of each new or existing building, mobile home or factory built housing, containing dwelling units occupied by persons other than the owner, to inspect and test all smoke detection devices at the time of vacancy or at time of sale and make the necessary repairs or replacements to insure that the smoke detection devices are operational prior to reoccupancy, and to instruct the occupants of the purpose, operation and maintenance of the smoke detection device(s).

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-045, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-045, filed 2/4/81.

Wash. Admin. Code § 212-10-050 Maintenance responsibility.

It is the responsibility of the occupant of all new or existing dwelling units, owned by other than the occupant, to maintain and test all smoke detection devices installed within the dwelling unit by the owner. Actual costs of maintenance, repair or replacement of smoke detection devices shall be as agreed beforehand by the occupant and owner. However, failure of the owner to abide by the terms of any such agreement does not relieve the occupant of the responsibility to maintain the smoke detection devices in a fully operational condition at all times. Failure to do so can subject the occupant to the penalty provisions of WAC 212-10-055.

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-050, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-050, filed 2/4/81.

Wash. Admin. Code § 212-10-055 Penalties.

Any person who violates any of the provisions of RCW 43.44.110 or these rules shall be punished by a fine as defined in RCW 43.44.110(5).

History

• Statutory Authority: RCW 43.44.110. WSR 21-19-005, § 212-10-055, filed 9/2/21, effective 10/3/21. Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-055, filed 2/4/81.

Wash. Admin. Code § 212-10-060 Severability.

If any provision of these rules or its application to any person is held invalid, the remainder of the rules or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 48.48.140. WSR 81-04-058 (Order FM 81-2), § 212-10-060, filed 2/4/81.

Chapter 212-12 Fire marshal standards.

Wash. Admin. Code § 212-12-001 Statement of authority.

The state director of fire protection is authorized to administer and enforce the provisions of this chapter and in accordance with RCW 43.44.010.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-001, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-001, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-001, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-001, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-005 Definitions.

Unless otherwise provided in this section, definitions in the Washington State Building Code, chapter 19.27 RCW, and 42 C.F.R. Ch. IV § 483.70, National Fire Protection Association, standard 101 "Life Safety Code" current adopted edition by Centers for Medicare/Medicaid Services (CMS) shall apply to this chapter. The following definitions will also apply to this chapter:

(1) "State director of fire protection" means the director of fire protection within the Washington state patrol, the state fire marshal, or authorized deputy or designee.

(2) "New facility" means any facility that is:

(a) Being occupied or licensed for the first time;

(b) Vacated for more than one year and reoccupied;

(c) Closed for more than one year and reopened;

(d) Changes occupancy classification; or

(e) For which the license has expired, will be considered as a new facility and must meet the current codes and standards as adopted.

Exceptions:

• Existing assisted living facilities which may be vacated for more than one hundred eighty days if approved by the director of fire protection and the department of social and health services.

• Existing nursing homes that have been converted to an assisted living facility under provisions of chapter 388-78A WAC.

(3) "Before and after school program" means a program licensed by the department of children, youth, and families that provides early learning experiences for children five years of age through twelve years of age who are attending kindergarten or elementary school.

(4) "Birthing center" or "childbirth center" are defined in chapter 18.46 RCW.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-005, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 18.20.130, 18.46.110, 70.62.290, and 74.15.050. WSR 13-18-066, § 212-12-005, filed 9/3/13, effective 10/4/13. 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. WSR 08-06-050, § 212-12-005, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-005, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-005, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-010 Adoption of codes and standards.

The following administrative codes and regulations are hereby adopted by reference as set forth fully herein:

(1) Chapter 51-50 WAC, State Building Code adoption and amendment of the International Building Code.

(2) Chapter 51-51 WAC, State Building Code adoption and amendment of the International Residential Code.

(3) Chapter 51-52 WAC, State Building Code adoption and amendment of the International Mechanical Code.

(4) Chapter 51-54A WAC, State Building Code adoption and amendment of the International Fire Code.

(5) Chapter 51-56 WAC, State Building Code adoption and amendment of the Uniform Plumbing Code.

(6) 42 C.F.R. Ch. IV § 483.70, National Fire Protection Association, standard 101, "Life Safety Code," current adopted edition by Centers for Medicare/Medicaid Services (CMS) for application in ambulatory surgical centers, hospice care centers, nursing homes and hospitals.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-010, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-010, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-010, filed 7/29/02, effective 8/29/02
• Order FM-77-2, § 212-12-010, filed 11/17/77
• Order F-72-1, § 212-12-010, filed 1/24/72
• Order F-71-1, § 212-12-010, filed 8/10/71
• Order FMR-68-1, § 212-12-010, filed 5/2/68, effective 6/1/68
• filed 3/22/60.

Wash. Admin. Code § 212-12-015 Applicability.

The provisions of this chapter apply to all facilities for which the director of fire protection is responsible for fire protection and enforcement including:

Adult rehabilitation center.

Alcoholism hospital.

Alcoholism intensive inpatient treatment services.

Alcoholism treatment facility.

Assisted living facility.

Before and after school program.

Birthing center.

Child care occupancy.

Criminal prosecution.

Enhanced services facility.

Examination of premises.

Examination of witnesses.

Group care facility.

Group care facility for severely and multiple handicapped children.

Hazardous liquid and gas pipeline accidents—Preparedness of local first responders.

Hospice care center.

Hospital.

Nursing home.

Psychiatric hospital.

Premises with guard animals—Registration, posting—Acts permitted firefighters—Liability for injury to firefighters.

Public buildings.

Record of fires.

Removal of fire hazards—Appeal of order—Penalty.

Reports and investigations of fire—Police powers.

Residential treatment facility.

Standard of safety.

Schools—Standards for fire prevention and safety—Plan review and construction inspection.

Statistical information and reports.

Transient accommodation.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-015, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 18.20.130, 18.46.110, 70.62.290, and 74.15.050. WSR 13-18-066, § 212-12-015, filed 9/3/13, effective 10/4/13. 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. WSR 08-06-050, § 212-12-015, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-015, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-015, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-020 Additional assisted living facility requirements.

This section shall be applicable to existing facilities that do not have fire sprinkler protection and smoke compartmentation on floors in which residents reside.

(1) Resident evacuation capability levels.

(a) Evacuation capability is the ability of the resident of a facility licensed by the department of social and health services under chapter 18.20 RCW to respond to an emergency situation and either evacuate or move to a point of safety.

(b) Residents shall be classified by the facility administration in one of the following evacuation capabilities:

(i) Ambulatory - Persons physically and cognitively capable of walking or traversing a normal pathway to safety, including the ascent and descent of stairs, and capable of self-preservation, without the physical assistance of another person.

(ii) Semiambulatory - Persons physically and cognitively capable of traversing a normal path to safety with the use of mobility aids, but unable to ascend or descend stairs without the physical assistance of another person.

(iii) Nonambulatory - Persons physically or cognitively unable to walk or traverse a normal path to safety without the physical assistance of another person.

(2) Residents with evacuation capabilities of semiambulatory or nonambulatory must reside on the grade level floor unless the facility receives written approval by the director of fire protection to house these residents on other floor levels.

(3) The facility must not admit or retain more than two residents with evacuation capabilities of semiambulatory or nonambulatory unless:

(a) The facility receives written approval by the director of fire protection to care for more than two residents with evacuation capabilities of semiambulatory or nonambulatory; and

(b) The facility is divided into at least two smoke barrier compartments on each floor; and

(c) The facility has an operational automatic sprinkler system throughout the facility, unless the facility was initially licensed prior to July 1, 2007, and is licensed for six or fewer residents.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-020, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-020, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-020, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-020, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-022 Before and after school program requirements.

(1) Before and after school programs that are not located in an existing, operational, public or private school must be inspected as a new facility, as defined in WAC 212-12-005, and must be required to meet the code requirements outlined in chapter 19.27 RCW.

(2) Before and after school programs located in an existing, operational, public or private school wanting to change into a different license category as defined in chapter 43.216 RCW must meet the code requirements outlined in chapter 19.27 RCW.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-022, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 18.20.130, 18.46.110, 70.62.290, and 74.15.050. WSR 13-18-066, § 212-12-022, filed 9/3/13, effective 10/4/13.

Wash. Admin. Code § 212-12-025 Fire reporting requirements.

Any facility licensed by the department of health or the department of social and health services, and inspected by the office of the state fire marshal, shall report within twenty-four hours to the office of the state fire marshal any accidental or unintentional fire, any deliberately set improper fire, any unusual incident that required implementation of the facility disaster plan, including any evacuation of all or part of the resident population to another area within the facility or to another address, and any circumstance which threatened or could have threatened the ability of the facility to ensure continuation of normal services to the residents.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-025, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-025, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-025, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-025, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-030 Right of appeal for state cited facilities.

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 FIREMARSH@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.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-030, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-030, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-030, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-030, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-035 Special requirements.

In addition to the fire and life safety standards listed in WAC 212-12-010, the following shall apply: In all occupancies inspected by the state fire marshal's office, emergency lighting for means of egress shall be provided. Emergency systems shall activate automatically in a power failure and be supplied from storage batteries or an on-site generator set.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-035, filed 10/1/20, effective 11/1/20. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-035, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-035, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-040 Fire safety/evacuation/lockdown plan.

All occupancies inspected by the state fire marshal's office shall develop and maintain a written plan. In addition to the adopted code and standards in WAC 212-12-010, the plan shall include the following:

(1) Action to take by the person discovering a fire.

(2) Method of sounding an alarm on the premises.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-040, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-040, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-040, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-040, filed 2/16/93, effective 3/19/93.

Wash. Admin. Code § 212-12-044 Fire drills.

In all Group I, Group E, and Group R2 Occupancies licensed by the state and inspected by the state fire marshal's office, at least twelve planned and unannounced fire drills shall be held every year.

(1) Drills shall be conducted quarterly on each shift in Group I and Group R2, Occupancies and monthly in Group E Occupancies to familiarize personnel with signals and emergency action required under varied conditions.

(2) A detailed written record of all fire drills shall be maintained and available for inspection.

(3) When drills are conducted between 9:00 p.m. and 6:00 a.m., a coded announcement may be used instead of audible alarms.

History

• Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-044, filed 10/1/20, effective 11/1/20. 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. WSR 08-06-050, § 212-12-044, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-044, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-044, filed 2/16/93, effective 3/19/93.

Chapter 212-17 Fireworks.

Wash. Admin. Code § 212-17-015 Scope.

These rules apply to the manufacture, storage, transportation, sale, importation, possession, classification, and discharge of fireworks of every class or kind in this state. With the exception of importation regulations, this chapter does not apply to tribal fireworks stands operated by an enrolled tribal member on tribal lands or allotted lands within an established Indian reservation pursuant to chapter 37.12 RCW.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-015, filed 11/3/15, effective 1/1/16. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-015, filed 11/2/82.

Wash. Admin. Code § 212-17-021 Adoption of code.

(1) The state fire marshal adopts the following standards in effect on the effective date of this section unless otherwise outlined in this chapter:

(a) National Fire Protection Association (NFPA) codes:

(i) NFPA 140 2013 edition, Standard on motion picture and television production, studio soundstages, approved production facilities, and production locations.

(ii) NFPA 160 2011 edition, Standard for the use of flame effects before an audience.

(iii) NFPA 1123 2014 edition, Code for fireworks display.

(iv) NFPA 1126 2011 edition, Standard for the use of pyrotechnics before a proximate audience.

(b) American Pyrotechnic Association (APA) standard 87-01 2004 edition, Standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics.

(2) If there is a conflict between a standard and rule, the standard will be followed unless the rule is more stringent.

(3) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-021, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-025 Definition and classification—"Fireworks."

(1) Consumer fireworks as defined in RCW 70.77.136 includes the following devices manufactured in accordance with the American Pyrotechnics Association Standards outlined in WAC 212-17-021:

(a) Ground and hand-held sparkling devices;

(i) Wire sparkler/dipped stick;

(ii) Cylindrical fountain;

(iii) Cone fountain;

(iv) Illuminating torch;

(v) Wheel;

(vi) Ground spinner;

(vii) Flitter sparkler;

(viii) Toy smoke device;

(b) Aerial device;

(i) Helicopter, aerial spinner;

(ii) Roman candles;

(iii) Mine and shell devices;

(iv) Aerial shell kit, reloadable tube.

(c) Multiple tube fireworks devices - Cake.

(d) New fireworks items as defined in RCW 70.77.236 may be added to the list of consumer fireworks if approved by the state fire marshal.

(2) "Dangerous fireworks" means:

(a) Any firework in its originally manufactured form that meets the standards for a consumer firework as established in this chapter, that has been altered, modified, enhanced, manipulated, tampered, or disassembled.

(b) Fireworks that are examined or tested for compliance with standards established for consumer fireworks and determined to possess characteristics of design or construction that make such item unsafe for use by any person not specially qualified or trained in the use of fireworks. The determination may be made by:

(i) The consumer product safety commission;

(ii) Bureau of Alcohol, Tobacco, Firearms and Explosives;

(iii) State fire marshal's office; or

(iv) Department of labor and industries.

(c) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user.

(d) Fireworks that explode upon impact or by friction, unless otherwise classified by the state fire marshal pursuant to this chapter.

(3) "Display fireworks" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Types of display fireworks:

(a) Aerial shell that is:

(i) Cylindrical or spherical cartridge containing:

(A) Lift charge;

(B) Burst charge;

(C) Effect composition.

(ii) Commonly sized from two to ten inches in diameter; and

(iii) Fired from metal, high-density polyethylene (HDPE), fiberglass, or heavy cardboard tubes.

(b) Salute that is:

(i) Paper-wrapped, cardboard tube, or sphere containing explosive composition in excess of 130 mg (2 grains); and

(ii) Upon ignition, produces noise and a flash of light.

(c) Consumer fireworks.

(4) "Explosive pest control devices (EPCDs)" means pest control pyrotechnics or agricultural and wildlife fireworks devices used for pest control efforts within the agricultural, aquacultural (commercial fishing operations), horticultural, and aviation industries when wildlife damage agriculture, property, or threaten public safety or health.

Commonly known types of EPCDs are:

(a) "Bird bombs, shell crackers or cracker shells" means 12 gauge shotgun shells containing a sound and flash explosive charge that is designed to explode in air or on the surface of the water at a distance of seventy-five to one hundred yards from the point of discharge.

(b) "Screamer rockets or banger rockets" means units ignited using a hand-held launcher, similar to a .22 short caliber starter pistol, that fly through the air, emitting a loud whistling sound (screamers) similar to other whistling type fireworks, or end in an impulsive report similar to a firecracker.

(c) "Seal bomb" means underwater firecrackers available domestically, similar to "M-80" firecrackers and contain approximately 2.3 grams of "flash and sound" charge mixture in a sealed cardboard tube, fitted with an eight to nine second waterproof fuse. UN0471 Class 1.4E explosives or NA0412 Class 1.4E explosive.

(d) "Rocket nets" means a net that is propelled by regulated explosive materials to capture or scare away pest wildlife.

(e) "Rope firecrackers" or "rope salutes" means the fuses of large firecrackers are inserted through cotton rope. As the rope burns, the fuses are ignited.

(5) "Flame effect" means the combustion of solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience in one of the three methods:

(a) "Automatic flame effect" means a flame effect that is supervised and fired by an automatic control system.

(b) "Manual flame effect" means a flame effect that is operated manually without the use of an automatic control system.

(c) "Portable flame effects" means flame effects that are designed and installed, either in a permanent or temporary installation, and that are designed to move or be moved in the course of operation or installation.

(6) "Forbidden devices" means any device for sale to the public that produces an audible effect (other than a whistle) by a charge of more than 130 mg (2 grains) of explosive composition per report.

(7) "Igniter" means device used for the electrical ignition of fireworks and pyrotechnic articles that contains a small amount of pyrotechnic material that ignites when a specified electric current flows through the leads.

(8) "Prohibited components" means no component of any consumer fireworks device or novelty may upon functioning, project or disperse any metal, glass, or brittle plastic fragments.

(9) "Theatrical pyrotechnics" means pyrotechnics that are approved as:

(a) UN0431, Articles, Pyrotechnic 1.4G;

(b) UN0432, Articles, Pyrotechnic 1.4S;

(c) UN0430, Articles, Pyrotechnic 1.3G; and

(d) Do not bear a warning label that resembles the required wording on a consumer fireworks device.

(10) "Trick and novelty devices" means any small fireworks devices that are not regulated as explosives and are not classified as consumer or display fireworks by the United States Department of Transportation.

(a) These devices must still comply with all labeling requirements of the Consumer Product Safety Commission applicable to consumer fireworks devices as required in WAC 212-17-055 and includes the following items as defined in APA 87-1:

(i) Snakes, glow worm.

(ii) Party popper.

(iii) Snapper.

(iv) Toy smoke devices.

(v) Toy caps.

(b) Trick and novelty devices does not include any kind of sparklers as outlined in subsection (1)(a) of this section.

(11) For the purpose of this chapter the following terms will have the same meaning as APA 87-1 adopted under WAC 212-17-021:

(a) Chemical composition.

(b) Explosive composition.

(c) Pyrotechnic composition.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-025, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-025, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-025, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-025, filed 11/2/82.

Wash. Admin. Code § 212-17-028 Definitions—General.

(1) "Citation" means a document issued by the office of the state fire marshal pursuant to chapter 70.77 RCW to issue a civil penalty for a violation of RCW 70.77.480 through 70.77.520. A citation may include, but is not limited to, a description of the violation(s) and a notice of civil penalty assessment.

(2) "Building" means any structure used or intended for supporting or sheltering any use or occupancy.

(3) "Consumer fireworks retail sales (CFRS) facility" means a permanent or temporary structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.

(4) "Facility" means a consumer fireworks retail sales facility, distribution facility, or manufacturing facility.

(5) "Formal hearing" is a hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion issued.

(6) "Hazard" means a condition which could result in fire loss, injury, or damage to a person or property.

(7) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(8) "Inhabited building" means a building regularly occupied in whole or in part as a habitation for people, or any place of religious worship, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.

(9) "International Building Code" means the edition currently adopted by chapter 51-50 WAC.

(10) "International Fire Code" means the edition currently adopted by chapter 51-54A WAC.

(11) "Magazine" means a structure, other than an explosives manufacturing building approved for the storage of explosive materials.

(12) "Permanent structure" means an enclosure or shelter erected for a period of thirty days or more used for the sales, at retail or wholesale, of legal fireworks of any kind.

(13) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(14) "Private way" means any privately owned driveway, lane, access way, or similar parcel of land essentially unobstructed from the ground to the sky which serves as access from private property to a public road.

(15) "Public road" means any street or alley essentially unobstructed from the ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.

(16) "Recognized testing laboratory" means a nationally recognized testing laboratory approved by the state fire marshal.

(17) "State fire marshal" means the director of the fire protection bureau of the Washington state patrol as appointed by the chief or his or her designee.

(18) "Temperature overheat protection" means a device which immediately interrupts the power to the heating element of a portable heating unit when the portable heating unit exceeds its designed operating temperature.

(19) "Temporary power drop" means an electrical service connection to a temporary retail fireworks stand.

(20) "Temporary storage" means a structure used for storage of consumer fireworks directly related to a CFRS facility and authorized under WAC 212-17-117.

(21) "Temporary structure" means an enclosure or shelter erected for a period of less than thirty days and not otherwise defined in the International Fire Code as a canopy.

(22) "Tip-over protection" means a device which immediately interrupts the power to the heating element of a portable heating unit when the portable heating unit is tipped or tilted more than forty-five degrees from its designed operating position.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-028, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-045 Explosive pest control devices (EPCDs) or "agricultural and wildlife fireworks."

(1) No state fireworks license is required to purchase or use explosive pest control devices (EPCDs); however, as they are classified explosive devices and regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal explosives permit is required.

(2) In order to purchase or use EPCDs, a federal explosives permit is required unless purchased by a government agency in accordance with RCW 70.77.311.

(3) For commercial fishers and licensed commercial fishing boat owners to receive or purchase EPCDs for use on pinnipeds (seals and sea lions), a written plan is needed to receive a Certificate of Inclusion, issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration.

(a) The marine mammal management plan should describe the wildlife management problem that requires use of such devices.

(b) The frequency and duration of using EPCDs.

(c) The quantity of EPCDs is of a quantity no greater than required to control the problem described.

(4) Unless specifically required to be used, EPCDs are not to be used when a burn ban is in place or there is an increased fire danger.

(5) EPCDs are not to be used in a reckless or malicious manner that is not reasonable or prudent that threatens to injure or kill wildlife or persons.

(6) The state fire marshal will notify the Washington state department of fish and wildlife of any violations.

(7) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-045, filed 11/3/15, effective 1/1/16
• WSR 84-23-009 (Order FM 84-05), § 212-17-045, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-045, filed 11/2/82.

Wash. Admin. Code § 212-17-050 Consumer firework device chemical content, construction.

(1) All consumer fireworks devices must meet the chemical content, design, and construction requirements required by the American Pyrotechnic Association Standard adopted under WAC 212-17-021, and the U.S. DOT regulations and Consumer Product Safety Commission standards.

(2) Consumer fireworks devices will not contain:

(a) Prohibited components.

(b) Forbidden devices.

(c) Any chemicals listed as prohibited in the American Pyrotechnic Association Standard adopted under WAC 212-17-021 and Consumer Product Safety Commission standards.

(i) Any fireworks device that is suspected by an authority having jurisdiction of containing prohibited chemicals will be sent to the Consumer Product Safety Commission for laboratory testing through the state fire marshal's office.

(ii) The manufacturer or importer may send samples for independent testing by a recognized testing laboratory at their own cost.

(iii) For a licensed manufacturer, importer, and wholesaler any similar devices are to be segregated from inventory of products that can be sold or used until the findings of the testing laboratory indicate:

(A) The device(s) meet the chemical content in APA 87-1 and can be put into the owner's inventory for sale or use.

(B) The presence of prohibited chemicals which will result in the owner having the responsibility to make arrangements to destroy the devices.

Any items destroyed will need to be witnessed by the authority having jurisdiction or government official such as a police officer, fire marshal, or federal enforcement agent.

(3) Violations of this section are defined in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-050, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-050, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-050, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-050, filed 11/2/82.

Wash. Admin. Code § 212-17-053 Altered consumer fireworks—Dangerous firework.

(1) It is illegal to alter any firework from its originally manufactured form and intended use except as provided in subsection (3) of this section.

(2) It is illegal to possess, sell, purchase, store, or discharge any dangerous fireworks.

(3) The altering of a consumer or display firework can only be done legally when:

(a) For the purpose of this section a licensed pyrotechnic operator or person(s) under the direct supervision of a licensed pyrotechnic operator altering a fuse as part of a public display for consumer fireworks that are electronically fired is not considered a dangerous fireworks.

(b) A person without a pyrotechnic operator's license cannot alter fireworks.

This would include using an igniter attached to the fuse for electronically firing of the device.

This does not include the use of:

(i) A nonpyrogen type initiator that clips onto the fuse and a heated wire is the source of ignition.

(ii) Other nonregulated initiator approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(c) This section does not apply to law enforcement, government agency, testing laboratory, or designated hazardous material transportation carrier who is transporting dangerous fireworks to a destruction site.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-053, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-055 Firework device, labeling.

(1) Fireworks intended for consumer sale and use must be labeled in conformance with the requirements of the Federal Hazardous Substances Act (FHSA) and regulations promulgated thereunder in Title 16 C.F.R., § 1500.

(2) All outside packaging containing fireworks must be marked and labeled in conformance with Title 49 C.F.R., Part 172.

(a) For consumer fireworks all label wording must be:

(i) Prominently located;

(ii) In the English language; and

(iii) In conspicuous and legible type in contrast by typography, layout, or color with the printed matter on the fireworks device or container.

(b) For display fireworks aerial shells, each shell must bear a label containing the following information:

(i) A description of the size of the shell (e.g., "3 in. (76 mm) shell").

(ii) A description of the type of shell (e.g., "2-break with report").

(iii) A warning statement reading:

"WARNING: DANGEROUS EXPLOSIVE.

IF FOUND, DO NOT HANDLE.

CONTACT LOCAL FIRE OR POLICE DEPARTMENT."

(iv) The name and location of business of the manufacturer, importer, or distributor.

(c) For proximate or theatrical fireworks, articles intended for indoor use:

(i) Must be so marked, and labels must include the following information:

(A) Accurate performance characteristics of the device.

(B) For fountains, gerbs, and other preloads, duration, height, and diameter of the effect, as applicable.

(ii) A warning label providing instructions to a trained operator is permitted for theatrical pyrotechnics that are approved as UN0431, Articles, Pyrotechnic, 1.4G but will not bear a warning label that resembles the required wording on a consumer fireworks device.

(iii) Theatrical pyrotechnics may or may not have an ignition device attached.

(iv) All requests for approval of a device as articles, pyrotechnic must be accompanied by a signed certification stating that the article is intended for professional use in the entertainment industry and will not be offered for sale to the general public.

(A) Approvals for classification as articles, pyrotechnic will be evaluated based on the weight of pyrotechnic composition in the individual article, and compared to the allowable weights for the corresponding category of 1.4G consumer fireworks.

(B) If a 1.4G classification is desired for an article containing more pyrotechnic composition than is permitted for a comparable consumer firework, the DOT approval procedure in Title 49 C.F.R., § 173.56 (b)(1) will be followed.

(3) Any firework that does not conform to the requirements of this section regarding labeling is to be confiscated for destruction as a dangerous firework in accordance with the Consumer Product Safety Commission's timeline. The cost associated with destruction of any firework in violation of this section will be at the possessor's expense.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-055, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-055, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-055, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-055, filed 11/2/82.

Wash. Admin. Code § 212-17-060 Public purchase and use of fireworks.

(1) The public may purchase and use consumer fireworks from licensed CFRS facilities only:

(a) During the periods provided in RCW 70.77.395.

(b) With a permit issued by the local authority having jurisdiction under RCW 70.77.311(2) as follows:

(i) Application must be on forms provided by the state fire marshal (may be attached to any permit application form from a jurisdiction) and will contain the following information:

(A) The name and mailing address of the organization or person desiring to purchase and discharge the fireworks;

(B) The date and time of the proposed discharge;

(C) The location of the proposed discharge;

(D) The quantity and type of fireworks desired to be purchased and discharged;

(E) The reason or purpose of the discharge; and

(F) The signature of the applicant, following a statement that: "The applicant understands and agrees to comply with all provisions of the application and requirements of the approving authority, will discharge the fireworks only in a manner that will not endanger persons or property or constitute a nuisance, and assumes full responsibility for all consequences of the discharge, intended or not."

(ii) Upon approval by the fire official, the applicant will provide a copy of the approval to any licensed wholesaler as proof of authorization to purchase the fireworks listed therein.

(iii) The applicant must retain the approval and have it available for inspection by any public official at the actual discharge of the fireworks.

(2) This section does not apply to public displays of fireworks.

(3) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-060, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-060, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-060, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-060, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-060, filed 11/2/82.

Wash. Admin. Code § 212-17-065 Fireworks general.

(1) Before receiving a state license under RCW 70.77.315 or local permit, persons intending to manufacture, import, or wholesale fireworks in this state must procure a federal and state license where required.

(2) All state license applications must be made on or before January 31 of the year for which the license is desired as provided in RCW 70.77.325.

(3) All facilities and structures used for manufacturing, wholesaling, and storage of fireworks are subject to this chapter and all local ordinances relating to building, design, construction, location, and zoning.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-065, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-065, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-065, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-065, filed 11/2/82.

Wash. Admin. Code § 212-17-070 Fireworks licensing.

(1) Upon receipt of application and license fee, the state fire marshal will cause an investigation to be made. The state fire marshal will grant or deny a license application within ninety days following the receipt of a properly submitted or amended application.

(a) If the investigation discloses compliance with state laws governing the manufacture, import, or wholesale of fireworks and that granting of a license would not be contrary to public safety or welfare, a license will be granted.

(b) If the license is denied, then the applicant will be notified in writing of the reason why the license was denied, and will:

(i) Be given an opportunity to make such alterations and corrections as are deemed necessary.

(ii) Have the right to request a hearing as provided in RCW 70.77.370 and this chapter.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-070, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-070, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-070, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-070, filed 11/2/82.

Wash. Admin. Code § 212-17-080 Fireworks license limitations.

(1) Manufacturer:

(a) A fireworks manufacturer license, together with a permit from local authorities having jurisdiction, authorizes the holder to engage only in the business of manufacturing fireworks of all types and their sale and transportation to licensed wholesalers in Washington.

(b) If the manufacturer desires to engage in other types of fireworks business, the manufacturer must first procure the necessary license.

(c) By virtue of its license, a licensed fireworks manufacturer is permitted to sell fireworks for direct shipment out of this state. Such shipment must be made in accordance with transportation requirements.

(2) Importer:

(a) A fireworks importer's license authorizes the holder to import fireworks into this state. This authorization is limited to:

(i) Procurement, delivery, or receipt of firework shipments into the state;

(ii) Buying or contracting of fireworks for shipment into the state;

(iii) An enrolled tribal member importing fireworks into the state for delivery to the registered member's tribal land;

(iv) Transportation of any type of fireworks licensed for and in compliance with 49 C.F.R., Parts 171 through 183;

(v) Storage of all classes and types of fireworks if there are no restrictions or provisions by the local authority having jurisdiction issuing a permit.

(b) An importer's license does not allow for the distribution or selling of fireworks at retail or wholesale.

(3) Wholesaler:

(a) A fireworks wholesaler's license authorizes the holder to engage only in the sale of fireworks at wholesale.

(b) A fireworks wholesaler's licensee can sell fireworks to:

(i) Licensed retailers;

(ii) Holder of a general display license;

(iii) Other licensed wholesalers;

(iv) Religious organizations, private organizations, or adult persons that have a permit issued by the local authority having jurisdictions to purchase specific fireworks items in accordance with WAC 212-17-061.

(c) A licensed fireworks wholesaler is authorized to sell fireworks for direct shipment out of this state, provided that:

(i) Such shipment is made in accordance with transportation requirements; and

(ii) If the purchaser's state requires a permit to purchase, possess, transport, store, distribute, sell, or otherwise deal with fireworks, the purchaser must possess and present the license to the wholesaler for inspection at the time of sale.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-080, filed 11/3/15, effective 1/1/16. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-080, filed 11/2/82.

Wash. Admin. Code § 212-17-085 Fireworks records and reports.

(1) License holders will maintain written reports on the following information for each license type for a period of three years, and submit reports for each type of license when requested to do so to the state fire marshal:

(a) Manufacturer: Production, sale, and distribution of fireworks and name of the person to whom such fireworks were sold.

(b) Wholesaler: Imports, purchases, sales, and consumption of fireworks items by kind and class.

(c) Importer: Imports, purchases, sales of fireworks items by kind and class.

(d) All licensees:

(i) Third-party testing documentation to show, that if used properly, compliance of any consumer fireworks they distribute, sell, offer for sale, exchange for consideration, or transfer will work. The third-party testing entity must be approved by the Consumer Product Safety Commission.

(ii) Reports of the location and amount in storage of all class and types of fireworks in their possession at the time records are requested.

(e) License holders will have up to ten business days to submit the requested reports to the state fire marshal unless otherwise specified by the state fire marshal due to report of an injury, accident or other safety issue.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-085, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-085, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-085, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-085, filed 11/2/82.

Wash. Admin. Code § 212-17-130 Fireworks restrictions.

The storage, transportation, sale, and transfer of ownership by manufacturers of all classes and types of fireworks will be subject to the restrictions and provisions of chapter 70.77 RCW and this chapter.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-130, filed 11/3/15, effective 1/1/16. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-130, filed 11/2/82.

Wash. Admin. Code § 212-17-145 Fireworks importing requirements.

(1) Any importer whose fireworks have been laboratory tested by the Consumer Product Safety Commission (CPSC) and found not to be in compliance with the standards in 16 C.F.R. Part 1500 and 1507 must notify the state fire marshal within five business days. Notification to the state fire marshal will include:

(a) A copy of the letter of advice and notice of noncompliance from the CPSC that provides the:

(i) Product name, type, and class of firework.

(ii) Requirement(s) the product did not conform to.

(b) Current and proposed storage location of the fireworks.

(2) Upon receiving the notification, the state fire marshal will notify:

(a) The local jurisdiction in which the firework is being stored.

(b) Other state and local agencies that may license or regulate explosives and explosives storage.

(3) The importer will hold such hazardous substance and not distribute it until further notice from CPSC which may be in the form of a "Letter of Advice (LOA)."

(4) Overloaded consumer fireworks described as fireworks, UN0336 1.4G that have a quantity of explosive and/or pyrotechnic composition that exceeds the limits for type of firework will be:

(a) Classified as fireworks, UN0335 1.3G.

(b) Stored in an approved, licensed explosive magazine approved for the storage of UN0335 1.3G fireworks.

(5) The following violations of this section are classified as serious threat to public safety and each day of noncompliance will be considered a separate offense:

(a) Failing to notify the state fire marshal within five business days that imported fireworks sampled and laboratory tested by the CPSC failed to conform to CPSC standards.

(b) Storing fireworks that have been identified as overloaded fireworks in a nonapproved facility.

(6) Notwithstanding the existence or use of any other remedy, any licensed fireworks importer or wholesaler violating this section may have its license suspended or revoked.

(7) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-145, filed 11/3/15, effective 1/1/16. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-145, filed 11/2/82.

Wash. Admin. Code § 212-17-185 Retailer of fireworks—License and permit.

(1) Persons desiring to engage in the business of selling fireworks at retail must:

(a) Secure a license from the state fire marshal.

(b) Obtain a permit from the local governmental officials having jurisdiction.

(2) A license and permit are valid and effective from January 1 of the year in which the application is made and ending January 31 of the following year.

(3) A retailer's license to sell fireworks will not:

(a) Authorize the licensee to engage in any other fireworks activity.

(b) Be used for the purchase of fireworks at wholesale:

(i) If an application for permit of a CFRS facility has not been made in accordance with RCW 70.77.260 for the sale of consumer fireworks to the public; or

(ii) If the intent is for the licensee to use the consumer fireworks for personal use.

(c) Be transferable, except that any license purchased by a licensed wholesaler may have the business or nonprofit group name added in addition to the wholesalers if required by the local authority having jurisdiction issuing the fireworks permit. The wholesaler will need to have a written agreement similar to any other retail license issued through the wholesaler.

(4) If the license is denied, the applicant will be notified in writing of the reason of the denial, and will:

(a) Be given an opportunity to make such alterations and corrections as are deemed necessary.

(b) Have the right to request a hearing as outlined in WAC 212-17-475.

(5) Applications for licenses must include the name of all the wholesaler(s) that consumer fireworks intend to be purchased from.

(6) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-185, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-185, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-185, filed 1/23/98, effective 2/23/98. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-185, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-185, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-185, filed 11/2/82.

Wash. Admin. Code § 212-17-198 Fireworks—List.

(1) Retailers are limited to offering for sale or selling only those consumer fireworks which have been approved for sale to the public and appear on the list of approved types of fireworks published annually by the state fire marshal.

(2) Retailers must post prominently at each retail outlet this list of the approved consumer fireworks.

(3) The state fire marshal will provide the list to the retailers when licenses are issued.

(4) Fireworks prohibited under RCW 70.77.401 will not be used or possessed in the state of Washington except as provided in RCW 70.77.311(1).

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-198, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-198, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-198, filed 11/9/84.

Wash. Admin. Code § 212-17-21504 Retailers—Purchase and sale of fireworks.

(1) A retail licensee must purchase only Division 1.4G consumer fireworks, not otherwise prohibited by chapter 70.77 RCW, this chapter, or local ordinance from state-licensed wholesalers.

(2) Sale of consumer fireworks:

(a) Will occur only from a licensed consumer fireworks retail sales (CFRS) facility. Retail sales of fireworks may occur at a non-CFRS facility when:

(i) An inert sample package of the consumer fireworks is displayed for sale inside a fixed place of business and a CFRS facility meeting all of the requirements in this chapter is placed outside of the fixed place of business.

(ii) The fireworks are paid for inside the business, the customer is provided a receipt of purchase after the sales transaction is complete, and the customer shows proof of purchase and takes possession of the firework package at the CFRS facility.

(b) May occur online as presale from a licensed Washington fireworks wholesaler or retailer provided that the fireworks are delivered to fireworks stand where delivery to the consumer will take place at a CFRS facility during the authorized time periods outlined in RCW 70.77.395 and where the sale, possession, and discharge of fireworks are allowed in the jurisdiction.

(i) Any advertisements for sale of fireworks will contain the fireworks license number and expiration date. Advertising the sale of fireworks by unlicensed persons is prohibited.

(ii) The purchase or receipt of fireworks must be through a Washington licensed fireworks wholesaler or retailer.

(3) Holiday related products incidental but related to these products, may be sold in consumer fireworks retail sales facilities.

(4) Failure to comply at any time with the provisions of this section will constitute a violation of chapter 70.77 RCW and may result in:

(a) The temporary suspension of the license or permit;

(b) Immediate revocation of the license or permit for:

(i) A serious health or public safety violation, if the violation poses an immediate risk to any person, the action will become effective immediately. The duration of the revocation will be based upon the action:

(A) Willful, reckless, or malicious acts will cause the license to be revoked for the license year.

(B) Accidental or negligent acts will cause the license to be revoked until the licensee can show measures to correct and prevent further violations have been put in place (i.e., training).

(ii) Information provided to obtain a license or permit is subsequently found to be inaccurate or would have prevented the issuance of a license or permit.

(A) The license will be revoked through the remainder of the license year.

(B) The person, group, or business may be denied a future license.

(c) Surrendering the fireworks license to the state fire marshal.

(d) Surrendering the fireworks permit to the issuing jurisdiction.

(e) Temporary closure of the CFRS facility or storage structure, the seizure or forfeiture of some or all of the fireworks, or other criminal penalties as provided by law.

(5) If the license or permit is suspended or denied, the applicant will:

(a) Be notified in writing of the reason why license was denied;

(b) Be given an opportunity to make such alterations and corrections as are deemed necessary by the state fire marshal;

(c) Have the right to request a hearing as outlined in WAC 212-17-475.

(6) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21504, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-21505 CFRS facilities.

(1) Consumer fireworks will only be permitted to be sold at retail in any of the following structures:

(a) Temporary, stable structures made from wood, metal, fiberglass, or other material. Any temporary fireworks retail stand greater than four hundred square feet will meet the requirements of a permanent structure, except tents or canopies as defined in the International Fire Code;

(b) Tents, canopies, or structures utilizing temporary membrane material which must be made from fire retardant material or treated with a fire retardant as identified in the International Fire Code. When those requirements are in conflict with other provisions of these rules, the more restrictive provisions will apply;

(c) Permanent or temporary structures over four hundred square feet constructed in accordance with the building code and local ordinances enforced by the authority having jurisdiction;

(d) Trailers or shipping containers may be used as a CFRS facility only if they comply with the requirements of a CFRS facility.

(2) Vehicles, such as vans, buses, motor homes, travel trailers, trucks, and automobiles will not be allowed to operate as a CFRS facility.

(3) A structure must be permitted through the local authority having jurisdiction to operate as a CFRS facility. The local authority having jurisdiction may prescribe rules regarding CFRS facilities, where there are practical difficulties in the way of carrying out the provisions of these sections if the spirit of the rule is complied with, public safety secured and substantial justice done provided that the particulars of such modification must:

(a) Be registered with the state fire marshal and the fireworks license issued will include a notation as to the modification approved.

(b) Be applied to the retail licensee, not the retail sales location or wholesaler.

(4) Any break in licensing will void any approved modifications.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21505, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21505, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21505, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-21509 Location.

(1) CFRS facilities will be permitted only in the county shown on the license. If the county needs to be changed, or other corrections made, the license will be surrendered to the state fire marshal and the state fire marshal will issue a new license for the new county. Any corrections written on a license will void the license.

(2) CFRS facilities will only be located at the address for which the permit from the local jurisdiction was approved and placed according to the approved site plan.

(3) Activities or uses subject to this rule will not be limited in location except where such activities or uses are prohibited or controlled by local development regulation, traffic safety or road construction standards.

(4) The CFRS facilities will not be located more than one hundred fifty feet from a private way, fire department access road, public road, street or highway as measured by an approved route around the exterior of the stand.

The minimum requirements for a private way will be determined by the local authority having jurisdiction, but will not exceed the requirements of locally adopted street, road and access standards.

(5) Any two CFRS facilities must be at least one hundred feet apart or will be separated by a road, street or highway not less than thirty feet in width.

(6) CFRS facilities must be located as follows:

(a) The minimum required area surrounding the CFRS facility must be marked or flagged, except that flagging and marking CFRS facility will not block a sidewalk or pedestrian pathway.

(b) Flagging need not exceed twenty feet in any direction.

(7) CFRS facilities will not be located closer than:

(a) One hundred feet from any motor vehicle dispensing station, retail propane dispensing station, flammable liquid storage, or combustible liquid storage. Measurements will be taken from the pump, island, or dispensing device above ground tank storage or lids of underground tanks to the CFRS.

(b) Three hundred feet from any bulk storage of flammable or combustible liquid or gas, including bulk plant dispensing areas.

(8) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21509, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21509, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21509, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-21511 Signs around the CFRS facility.

(1) The minimum areas around the CFRS facility specified in WAC 212-17-21509 will be kept free of accumulation of dry grass, dry brush and combustible debris. No parking will be permitted within this minimum area.

(2) No motor vehicle or trailer may be parked within twenty feet of a CFRS facility except when delivering, loading or unloading fireworks.

(3) Fireworks will not be discharged within three hundred feet of a CFRS facility. Signs reading "NO FIREWORKS DISCHARGE WITHIN 300 FEET" will be in letters at least two inches high, with a principal stroke of not less than one-half inch, on contrasting background, will be conspicuously posted on all four sides of the stand.

(4) No smoking will be allowed within the CFRS facility or within the minimum flagged off area. Signs reading "NO SMOKING WITHIN 25 FEET" will be in letters at least two inches high, with principal stroke of not less than one-half inch, on a contrasting background, will be conspicuously posted on all four sides of the stand.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21511, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21511, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21511, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-21513 CFRS facility electrical and heating.

(1) If electrical power is supplied by an extension cord, the size and length of the cord and, the amperage and voltage supplied will be in compliance with the requirements of the current edition of National Electrical Code. The cord must be protected as necessary from "drive-over" and other physical damage.

(2) All heating units must:

(a) Be listed by a recognized testing laboratory; and

(b) Be used in accordance with the listing; and

(c) Have "tip-over" and temperature overheat protection; and

(d) Have sealed type elements (i.e., oil filled or water filled radiator type). Open flame heating devices are prohibited.

(3) Generators which use combustible fuel and which are at least twenty feet from the CFRS facility or the temporary fireworks storage structure will be allowed. Generator fuel will be limited to not more than five gallons and stored at least twenty feet from all CFRS facilities.

(4) Compliance with the National Electrical Code, current edition, will be required for all new, electrical installations, including temporary power drops.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21513, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21513, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21513, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-21515 Operation of CFRS facility.

(1) Licensees must familiarize all persons working in a CFRS facility with the provisions of these rules.

(2) Sleeping inside a CFRS facility or an associated temporary fireworks storage facility is prohibited.

(3) The location of the nearest permanently mounted telephone and address of fireworks stand if using electronic means of contacting 911 must be posted inside the CFRS facility and persons working in the facility must be informed of that location.

(4) The local emergency telephone number will be conspicuously posted inside the CFRS facility.

(5) Each CFRS facility will be equipped with at least two approved, pressurized two and one-half gallon water-type fire extinguishers, located so that a maximum distance of travel required to reach an extinguisher from any point does not exceed thirty-five feet.

(6) No open flames nor any type of open flame equipment will be allowed in any CFRS facility.

(7) At least one adult person, eighteen years of age or older will be present at all times in every CFRS facility during the hours of sale to the public and will be responsible for supervision of the CFRS facility and its operation.

(8) No person, other than customers, under the age of sixteen will be allowed within a CFRS facility when it is open to the public.

(9) Fireworks, except for prepackaged assortments, boxes, or similarly packaged containers of more than one item, whether of the same or different kind, must be displayed in a manner which prevents the fireworks from being handled by the public or a customer without the direct intervention of the licensee or his or her representative who will maintain visual contact.

(10) CFRS facilities may be required to be inspected by the state fire marshal and/or the local jurisdiction issuing the permit prior to opening for business and other inspections may occur on other days as warranted but there will be no additional charge for all such inspections.

(11) Fireworks retailers will:

(a) Not knowingly sell fireworks to persons under the age of sixteen.

(b) Have a sign reading "no sale of fireworks to persons under the age of sixteen years. PHOTO ID REQUIRED" in letters at least two inches high, with a principal stroke of not less than one-half inch, on contrasting background, will be conspicuously posted on the front of each CFRS facility.

(c) Require proof of age by means of display of a driver's license or photo identification card showing date of birth issued by a public or private school, state, federal or foreign government. No other forms of identification will be accepted.

(12) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21515, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21515, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21515, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-21519 Cleanup.

(1) At the end of the legal selling period, all fireworks must remain in the CFRS facility, temporary storage or structure location authorized by the retail permit or another location approved by the local authority having jurisdiction or his or her designee until returned to the suppliers from which they were obtained, or until transferred to an approved location.

(2) Cities and counties may require a clean-up bond, not to exceed five hundred dollars, as a condition of the permit, to ensure the removal of all structures and debris from the site.

(3) In order to obtain return of a clean-up bond, cleanup of debris associated with the retail fireworks activity and the removal of all temporary structures authorized by the license and permit will be completed no later than 11:59 p.m., July 15 for the Fourth of July selling period or no later than 11:59 p.m., January 10 for the New Year's selling season.

(4) Failure of the licensee to comply with subsection (3) of this section will constitute forfeiture of the clean-up bond and the licensee shall be liable for any clean-up costs incurred by the city or county which exceed the amount of the bond.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-21519, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-21519, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-21519, filed 1/23/98, effective 2/23/98.

Wash. Admin. Code § 212-17-220 Pyrotechnic operators—General.

(1) Pyrotechnic operators are licensed to conduct displays of fireworks and articles pyrotechnic.

(2) No public display license will be issued unless at least one licensed pyrotechnic operator is listed on the application as being responsible for conducting the display.

(3) An operator must be at least twenty-one years old and licensed in accordance with any and all applicable federal, state, and local laws.

(4) Penalties for this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-220, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-220, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-220, filed 11/2/82.

Wash. Admin. Code § 212-17-223 Pyrotechnic operator license types.

(1) A pyrotechnic operator is prohibited from conducting a public display of fireworks without a general display license under WAC 212-17-250. Each operator does not need a general display license if he or she is shooting displays for a company that has a general display license.

(2) The license types and displays allowed to be conducted are:

(a) Pyrotechnic operator license - Conducts an outdoor public display of fireworks following the requirements of NFPA 1123.

(b) Proximate display operator license - Conducts a proximate display before a proximate audience following the requirements of NFPA 1126.

(c) Flame effects operator license - Conducts a flame special effects following the requirements of NFPA 160.

(d) Special effects operator license - Conducts a special effects display used in connection with a television, theatrical, or motion picture production which may or may not be presented before a live audience.

(3) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-223, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-225 Application for license.

(1) Application for license must be made on forms prepared by the state fire marshal and must be accompanied by the annual license fee.

(2) Every applicant for a pyrotechnic operators license must:

(a) Take and pass a written examination administered by the state fire marshal or the equivalent out-of-state exam;

(b) Submit evidence attesting to the qualifications and experience of the applicant, including participation in the firing of at least six public displays as an assistant, at least one of which must have been in the current or preceding year, for the type of operator's license they are applying for; and

(c) A name and date of birth background check through the Washington state patrol criminal records division. Costs for the name and date of birth check will be the responsibility of the applicant. A name and date of birth check is not required if:

(i) The person has a valid ATF explosives license; or

(ii) They are employed or contracted to supervise a display for a general display licensee that has an ATF explosives license and the applicant is listed as an approved employee possessor.

(3) All information submitted regarding the experience must be true and accurate.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-225, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-225, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-225, filed 11/2/82.

Wash. Admin. Code § 212-17-230 Examination, investigation and licensing.

(1) Upon receipt of application and license fee, the state fire marshal will cause an investigation to be made as to the experience and competency of the applicant to conduct and supervise a public or proximate display of fireworks in a safe manner. The investigation will include:

(a) Verification of past experience in assisting in displays with the licensed pyrotechnic operator under whose supervision the applicant assisted for the type of license applying for.

(b) A written examination for the applicant, if experience requirements are satisfactory.

(i) A passing score of at least eighty percent must be attained on the written examination.

(ii) An applicant failing the written examination may reapply within thirty days to retake the examination.

(iii) No reexamination will be taken within thirty days of the previous and no more than two examinations may be taken by the applicant in the same ninety calendar day period.

(iv) License fees are forfeited for any applicant who fails:

(A) To appear for the written examination at the time and location established;

(B) The written examination and does not reapply within thirty days or fails the written examination on the second attempt.

(2) The state fire marshal will grant or deny the license on the basis of the successful completion of the investigation and examination.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-230, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-230, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-230, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-230, filed 11/2/82.

Wash. Admin. Code § 212-17-232 License renewals.

(1) Renewal of pyrotechnic operator's licenses begins January 2nd of each calendar year for those operator licenses that will expire January 31st. The renewal application must:

(a) Be on forms provided by the state fire marshal.

(b) Provide evidence of experience within the past thirteen months as an operator or assistant as part of at least one display.

(c) Be signed.

(d) Include the annual license fee.

(2) Persons whose operator license is expired longer than the twelve months will be required to submit his or her application as a new applicant.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-232, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-235 Pyrotechnic operators—Responsibility.

(1) The pyrotechnic operator is responsible for:

(a) Properly setting up the fireworks public display in accordance with the rules and regulations of the state fire marshal.

(b) Determining that all the mortars and set pieces are properly installed and that the proper safety precautions have been taken to ensure the safety of persons and property.

(c) Having charge of all activities directly related to handling, preparing and firing all fireworks at the public display, including fixing lifting charges and quick match as needed to aerial shells.

(d) Refusing to fire any fireworks that are deemed by him/her to be unsafe or where its discharge might jeopardize life or property.

(e) Strictly observing the provisions of chapter 70.77 RCW and this chapter.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-235, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-235, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-235, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-235, filed 11/2/82.

Wash. Admin. Code § 212-17-250 Application, state license.

(1) Application for a general display license must be made on forms provided by the state fire marshal.

(2) The application for a general display license to hold public displays of fireworks will be accompanied by:

(a) The prescribed license fee for a general display license; and

(b) A surety bond or a certificate evidencing public liability insurance required under chapter 70.77 RCW. Such bond and public liability insurance must be noncancellable except upon fifteen days' written notice by the insurer to the state fire marshal as required under RCW 70.77.355.

(3) Failing to submit the license fee, a bond or certificate of liability insurance will be reason to deny a license application.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-250, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-250, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-250, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-250, filed 11/2/82.

Wash. Admin. Code § 212-17-260 General display license.

(1) Persons desiring to hold a public display of fireworks will secure a general display license from the state fire marshal.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-260, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-260, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-260, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-260, filed 11/2/82.

Wash. Admin. Code § 212-17-270 Local permit, application for.

(1) A permit issued by the authority having jurisdiction is required before conducting any type of public fireworks display.

(2) Application for local permit must be made at least ten calendar days before the public fireworks display.

(3) When applying for permit, the applicant must submit information and evidence to local fire authorities covering the following:

(a) The name of the organization sponsoring the display, if other than the applicant.

(b) The date the display is to be held.

(c) The exact location for the display.

(d) The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks and the name of at least one experienced assistant.

(e) The number of set pieces, shells (specify single or multiple break), and other items.

(f) The manner and place of storage of such fireworks prior to the display.

(g) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction.

(h) Documentary proof of procurement of:

(i) Surety bond;

(ii) Public liability insurance; or

(iii) A state fire marshal's general display license for the public display of fireworks.

(4) Permittee will be responsible for compliance with the provisions under which a public display permit has been granted.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-270, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-270, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-270, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-270, filed 11/2/82.

Wash. Admin. Code § 212-17-275 Investigation.

The authority having jurisdiction to whom the application for permit is made must:

(1) Make, or cause to be made, investigation of site of the proposed display for the purpose of determining if the fireworks will be of such a character or so located as to be hazardous to property or dangerous to any person.

(2) Determine whether the provisions of chapter 70.77 RCW and this chapter are complied with in the case of a particular display.

(3) In the exercise of reasonable discretion, grant or deny the application subject to reasonable conditions, if any, as he may prescribe, taking into account locations, parking of vehicles, controlling spectators, storage and firing fireworks, and precautions in general against danger to life and property from fire, explosion, and panic.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-275, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-275, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-275, filed 11/2/82.

Wash. Admin. Code § 212-17-280 Permits may not be granted, when.

No public display of fireworks will be allowed where the discharge, failure to fire, faulty firing, or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests, brush, or other grass covered land. This includes, but may not be limited to, when a burn ban is in effect.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-280, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-280, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-280, filed 11/2/82.

Wash. Admin. Code § 212-17-295 General.

(1) The intent of this part is to provide requirements for clearances upon which the authority having jurisdiction will base its approval of an outdoor fireworks display site.

(2) Where added safety precautions have been taken, or particularly favorable conditions exist, the authority having jurisdiction will be permitted to decrease the required separation distances as it deems appropriate, upon demonstration that the hazard has been reduced or the risk has been properly protected.

(3) Where unusual or safety-threatening conditions exist, the authority having jurisdiction will be permitted to increase the required separation distances as it deems necessary.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-295, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 06-12-010, § 212-17-295, filed 5/26/06, effective 6/26/06
• WSR 05-12-033, § 212-17-295, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-295, filed 11/2/82.

Wash. Admin. Code § 212-17-345 Public display—Reports.

(1) After every public display, it will be the responsibility of the licensed pyrotechnic operator in charge of the display to submit a written report to the state fire marshal, within ten days following the display, covering:

(a) A brief report of any duds, defective shells, with manufacturer's name, and the type and size of shell.

(b) A brief account of the cause of injury to any person(s) from fireworks and such person's name and address.

(c) A brief account of any fires caused by fireworks.

(d) Any violation of the state fireworks law or of these regulations relating to public display fireworks, with special observations on any irregularities on the part of persons present at the firing site.

(e) The names of pyrotechnic assistants who satisfactorily assisted in all phases of the display, if other than those shown on the license.

(2) Failure to file this report will constitute grounds for revocation of the operator's current license and/or rejection of his application for his license renewal.

(3) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-345, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-345, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-345, filed 3/31/88. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-345, filed 11/2/82.

Wash. Admin. Code § 212-17-425 Transportation—General.

(1) Licensees are authorized to transport the class and quantity of fireworks for which they have a license to possess from the point of acceptance from a licensed source to an approved storage facility or use site.

(2) Transportation will be in accordance with the regulations of the United States Department of Transportation and the laws of the state of Washington governing the transportation of Division 1.3G and 1.4G explosives.

(3) Nothing in these rules will restrict the right of any person to transport in a private vehicle, fireworks which have been legally purchased for personal use.

(4) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-425, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-425, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-430 Transportation—By common carrier.

(1) No common carrier, as defined in RCW 81.29.010, will deliver fireworks from an out-of-state shipper to any person or firm within this state without first determining:

(a) That the person or firm possesses an importer's license, issued by the state fire marshal to receive them; or

(b) The shipper has an importer's license, issued by the state fire marshal to ship them into this state.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-430, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-430, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-435 Storage—General.

(1) Storage of fireworks must be free from any condition which increases or may cause an increase of the hazard or menace of fire or explosion or which may obstruct, delay or hinder, or may become the cause of any obstruction, delay or hindrance, to the prevention or extinguishment of fire.

(2) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-435, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-435, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-440 Storage—Explosive safety.

(1) Any person storing fireworks must have a license for the possession (manufacturer, wholesaler, importer, retailer, display) and, in addition, a permit from the authority having jurisdiction for the storage site.

(2) If temporary storage is required outside the authority having jurisdiction issuing the CFRS permit, the authority issuing the permit must notify the appropriate authorities of the jurisdiction in which the temporary storage is to be located.

(3) Storage must be in accordance with requirements of the local authority having jurisdiction in approving the storage permit.

(4) No common carrier will store fireworks while in transit within a facility with the intent to store it there without first obtaining a storage permit from the local fire authority.

(5) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-440, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-440, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-442 Fireworks permanent storage.

(1) Permanent fireworks storage is:

(a) Subject to this chapter when the period of time of storage is other than, or longer than that specified for temporary storage under WAC 212-17-446.

(b) Subject to the International Fire Code, the International Building Code, and local ordinances.

(2) Storage of fireworks in a facility, not authorized by the license and permit is prohibited.

(3) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-442, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-446 Temporary storage associated with CFRS operation.

(1) Temporary storage associated with retail fireworks sales meeting the requirements of this section may only be from June 13th through July 31st and from December 12th through January 10th of the following year.

(2) A temporary storage, structure or location must be authorized as a part of a license and permit and meet the requirements specified herein.

(3) Temporary storage or temporary structures may be inspected prior to use and other inspections may occur on other days as warranted. There will be no additional charge for all such inspections.

(4) Fireworks may be stored:

(a) In a locked or secured CFRS facility; or

(b) In a locked or secured truck, container, trailer, other vehicle or anything similar which is not less than twenty feet from the CFRS facility during hours of retail sales;

(c) In a locked or secured truck, container, trailer, other vehicle or anything similar which is not less than twenty feet from an inhabited building;

(d) In a magazine which meets the minimum standards of Type 4 as prescribed by the International Fire Code, and which is not less than ten feet from an inhabited building; or

(e) In a locked or secured metal or wooden garage, shed, barn or other accessory structure, or anything similar which is not less than:

(i) Twenty feet from an inhabited building for storage of fireworks for one or two retail stands; or

(ii) Thirty feet from an inhabited building for storage of fireworks for three or more stands.

(5) For the purpose of this section the system used to lock or secure the storage structure as outlined under subsection (4)(e) of this section, must include one of the following combinations:

(a) Two mortise locks;

(b) Two padlocks in separate hasps and staples;

(c) A mortise lock and a padlock;

(d) A mortise lock that needs two keys to be opened; or

(e) A three-point lock or an equivalent lock that secures the door to the frame at more than one point.

(6) Padlocks must:

(a) Be made of steel;

(b) Have at least five tumblers;

(c) Have at least a 3/8 inch (9.5 mm) casehardened shackle;

(d) Be protected by steel hoods installed to discourage the insertion of bolt cutters.

(7) The local authority having jurisdiction may reduce the minimum separation requirements of this section provided that safety of life and property is not diminished.

(8) No open flames nor any type of open flame equipment will be allowed in any temporary storage or temporary structure.

(9) No cooking is permitted in a CFRS facility or in a temporary storage or structure.

(10) Penalties for violations of this section are provided in WAC 212-17-515.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-446, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-460 General rules.

(1) These rules establish civil penalty criteria for violations of chapter 70.77 RCW and this chapter.

(2) Each separate instance of noncompliance with chapters 70.77 RCW and/or 212-17 WAC will be considered a separate violation.

(3) For the purpose of determining separate instances, the state of the product at the time of violation can be considered. For example:

(a) An unopened box containing multiple items/packs that are in violation would be considered one violation.

(b) Possession of an open or partial box or multiple individual items in violation would be considered multiple separate violations based on the number of items in violation.

(4) Each day that a violation continues will be considered a separate violation.

(5) The distribution, sale, use, manufacture, or possession of any amount of illegal fireworks is prohibited and subject to citation and penalty.

(6) In addition to the issuance of citations and penalties under these rules, the state fire marshal and local authority having jurisdiction acting in accordance with chapters 70.77 RCW and/or 212-17 WAC may confiscate:

(a) Any amount of illegal fireworks; and

(b) Other fireworks possessed by persons violating chapters 70.77 RCW and/or 212-17 WAC.

(7) In addition to the issuance of citations, penalties, and the confiscation of fireworks, the state fire marshal may also revoke, suspend, or deny any fireworks license provided for under chapter 70.77 RCW to any person who fails to pay a penalty(ies) assessed under these rules.

(8) The penalty for each violation shall range from $0 to $1,000 per violation.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-460, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-460, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-461 Revocation of license.

The state fire marshal may deny, suspend, or revoke a license:

(1) Upon receiving evidence that any appointee has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process must be used:

(a) The state fire marshal must give the licensee notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, before denial, suspension, or revocation of the license.

(b) Upon receiving notice of the action, the licensee may, within twenty days from the date of the notice of action, request in writing to the state fire marshal a hearing on the denial, suspension, or revocation of the letter of appointment. An adjudicative proceeding will be commenced within ninety days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.

(c) Upon receiving a hearing request, the state fire marshal's office may, at the request of the licensee, or on its own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in a mutually agreed upon location at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as provided in chapter 34.05 RCW.

(2) Without prior notification if the state fire marshal finds that there is danger to the public health, safety, or welfare which requires immediate action. In every summary suspension of a license, an order signed by the state fire marshal or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instituted and determined. The state fire marshal must give notice as is practicable to the licensee.

(3) Immediately if the licensee's insurance bond is canceled.

(4) If the licensee voluntarily relinquishes the letter, the state fire marshal will be advised in writing of this voluntary relinquishment. After receiving notice, the state fire marshal will attempt to obtain the licensee's license. If the licensee requests reissuance of the license, the state fire marshal may require a new application.

(5) If the licensee's violations are subject to suspension for the first violation are categorized as major violations any subsequent or continuing major violation may be cause for termination unless the state fire marshal imposes additional suspensions for longer periods, if deemed appropriate.

(a) When considering punitive action for a major violation, the state fire marshal may take into consideration all major and minor violations that occurred within thirty-six months before the date of the current violation.

(b) Terms of disciplinary action - Minor violations of this chapter may be cause for disciplinary action in the following manner:

(i) First violation within a twelve-month period - Letter of written reprimand;

(ii) Second violation within a twelve-month period - Thirty-day suspension;

(iii) Third violation within a twelve-month period - Sixty-day suspension;

(iv) Fourth violation within a twelve-month period - Revocation of the license.

(c) The state fire marshal may increase or decrease the suspension period based on finding aggravating or mitigating factors as provided in WAC 212-17-465.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-461, filed 11/3/15, effective 1/1/16.

Wash. Admin. Code § 212-17-465 Violation types and penalty assessments.

(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.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-465, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-465, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-470 Violation assessment at the local level.

(1) Local fire authorities will have the authority to issue civil penalty citations for violations of chapters 70.77 RCW and/or 212-17 WAC.

(2) A citation may impose a penalty or provide a warning.

(3) After issuing the citation notice, the citation will be forwarded to the state fire marshal within ten days of issuance. Each citation will be accompanied by a copy of the issuing authority's written report, inspection sheets, evidence receipt, or any other forms that are completed during the process of issuing citations.

(4) The state fire marshal will review the information contained in the citation and any accompanying documentation.

(5) If the evidence exists that a violation occurred, the state fire marshal will issue an administrative violation notice which will include:

(a) A brief narrative description of the charged violation(s);

(b) The date(s) of the violation(s);

(c) A copy of the law(s) or regulation(s) allegedly violated;

(d) A summary of the licensee's or permit holder's options as outlined in this chapter; and

(e) The penalty.

(6) The civil penalty will be delivered using registered mail.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-470, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-470, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-475 Hearings for civil penalties.

(1) Any person may request a hearing regarding the assessment of a civil penalty.

(2) Hearings requests will be filed with the office of the state fire marshal within fourteen days from the date of the service of civil penalty.

(3) Any person who requests a hearing will be entitled to a hearing.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-475, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-475, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-480 Informal conference.

(1) The state fire marshal will provide an opportunity for a person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing; however, a formal hearing must be requested within twenty-eight days of the date of service of the notice of civil penalty.

(3) The request for an informal conference may be in any form and must:

(a) Be addressed to the office of the state fire marshal; and

(b) Clearly state the subject to be discussed.

(c) Be requested within fourteen days.

(d) If the parties agree, an informal conference may be held by telephone.

(e) As the result of an informal conference, the state fire marshal may, for good cause, amend, withdraw, or reduce a civil penalty.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-480, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-480, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-485 Formal hearing.

(1) A person may request a formal hearing at any time before or after an informal conference, as long as the twenty-eight day period for requesting a hearing has not lapsed.

(2) The office of the state fire marshal will arrange for a hearings officer to conduct the formal hearing through the office of administrative hearings.

(3) The office of administrative hearings will set a date, time, and location for the formal hearing.

(4) The office of administrative hearings will notify, by letter, the person requesting the hearing (or their designated representative) of the date, time, location and the hearings officer conducting the formal hearing.

(5) The hearings officer will hear the case and render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapter 34.05 RCW.

(6) The formal hearing will be conducted as follows:

(a) The hearings officer will act as an impartial third party.

(b) It is not necessary for the person that requested the hearing to be represented by legal council.

(c) Testimony will be taken under oath.

(d) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.

(e) Hearsay evidence is admissible if it meets statutory standards for being reliable and trustworthy.

(7) The proposed opinion and order will be reviewed by the state fire marshal and, if accepted, finalized and issued as a final order.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-485, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-485, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-490 Penalty adjustment.

(1) The assessment of penalty adjustments for amounts other than those set by chapter 70.77 RCW will be done only by the state fire marshal through a hearings process either formally or informally.

(2) The assessment of penalties for not being in conformance with chapters 70.77 RCW and/or 212-17 WAC may be made only after considering:

(a) The gravity and magnitude of the violation;

(b) The person's previous record;

(c) Such other considerations as the state fire marshal may consider appropriate.

(3) During a formal hearing or informal conference, the state fire marshal may modify or adjust the citation, cited violations, or penalties assessed in order to meet the requirements of these rules and to ensure uniformity and consistency in their application statewide.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-490, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-490, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-495 Payment of civil penalty.

(1) The penalty must be paid to the state fire marshal immediately after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) The attorney general may bring an action in the name of the Washington state patrol, through the state fire marshal, in the superior court of Thurston County or of any county in which the violator may do business to collect any penalty imposed under chapter 70.77 RCW.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-495, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-495, filed 5/24/05, effective 6/24/05.

Wash. Admin. Code § 212-17-515 Violation/penalty matrix.

History

• Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-515, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-515, filed 5/24/05, effective 6/24/05.

Chapter 212-44 Child birth centers—Standards for fire protection.

Wash. Admin. Code § 212-44-001 Purpose.

The purpose of this regulation is to adopt recognized standards for the protection of life against the cause and spread of fire and fire hazards pursuant to RCW 18.46.110, with respect to all facilities to be licensed by the department of social and health services and maintained and operated to provide birth services.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-001, filed 10/20/80
• Order FM-77-3, § 212-44-001, filed 12/8/77.

Wash. Admin. Code § 212-44-005 Definitions.

The following definitions shall apply to this regulation:

(1) "Maternity home" means any home, place, hospital or institution in which facilities are maintained for the care of four or more women, not related by blood or marriage to the operator, during pregnancy or during or within ten days after delivery: Provided, however, That this regulation shall not apply to any hospital approved by the American College of Surgeons, American Osteopathic Association or its successor.

(2) "Licensing agency" means the Washington state department of social and health services.

(3) "Building official" means the person or agency appointed by the governing body of each city, town or county for the administration and enforcement of the Uniform Building Code, adopted by reference by the State Building Code Act.

(4) "Fire official" means the person or agency appointed by the governing body of each city, town or county for the administration and enforcement of the Uniform Fire Code, adopted by reference by the State Building Code Act.

(5) "Fire chief" means the chief of the fire department providing fire protection services to the child birth centers.

(6) "State Building Code Act" means chapter 19.27 RCW, effective January 1, 1975, which establishes statewide building and fire prevention codes and mandates enforcement by each city, town and county.

(7) "Ambulatory" means physically and mentally capable of walking a normal path to safety, including the ascent and descent of stairs.

(8) "Birth center" or "child birth center" means a type of maternity home which is a house, building, or equivalent, organized to provide facilities and staff to support a birth service: Provided, That the birth service includes or is limited to low-risk maternal clients during the intrapartum period.

(9) "Birthing room" means a room designed, equipped and arranged to provide for the care of a woman and newborn and to accommodate her support person(s) during the process of vaginal birth (the three stages of labor and recovery of a woman and newborn).

(10) "Birth service" means the prenatal, intrapartum, and postpartum care provided for individuals with uncomplicated pregnancy, labor, and vaginal birth, to include the newborn care during the recovery period.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-005, filed 10/20/80
• Order FM-77-3, § 212-44-005, filed 12/8/77.

Wash. Admin. Code § 212-44-010 Applicability.

This regulation applies to all facilities licensed or subject to licensure as child birth centers by the department of social and health services.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-010, filed 10/20/80
• Order FM-77-3, § 212-44-010, filed 12/8/77.

Wash. Admin. Code § 212-44-015 Compliance.

All facilities licensed as child birth centers shall comply with the provisions of this regulation.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-015, filed 10/20/80
• Order FM-77-3, § 212-44-015, filed 12/8/77.

Wash. Admin. Code § 212-44-020 Inspection.

The licensing agency, upon receipt of an application for a license or at least thirty days before the expiration date of an existing license, shall submit to the state fire marshal in writing, a request for an inspection. The state fire marshal or his authorized representative shall make an inspection of the facility, and if it is found that the facility does not comply with the standards contained in this regulation, a written report shall be made to the facility listing the violations found, corrective actions necessary and time allowed for correction. As soon as practicable after the expiration date of the time allowed to effect the corrective measures, a reinspection shall be made to determine compliance.

History

• Order FM-77-3, § 212-44-020, filed 12/8/77.

Wash. Admin. Code § 212-44-025 Approval.

Upon the completion of the inspection, if the facility is in reasonable compliance with the applicable standards, a notice of approval for licensing shall be forwarded to the licensing agency.

History

• Order FM-77-3, § 212-44-025, filed 12/8/77.

Wash. Admin. Code § 212-44-030 Right of appeal.

A facility aggrieved by the corrective orders of the state fire marshal or his authorized representative may appeal to the state fire marshal within five days of the order. If the state fire marshal confirms the order, it shall remain in force.

History

• Order FM-77-3, § 212-44-030, filed 12/8/77.

Wash. Admin. Code § 212-44-035 Local codes.

Approvals are issued or denied on the basis of the applicant's compliance with the state fire marshal's minimum fire and life safety standards. The enforcement of local fire and building codes is the responsibility of the respective fire and building officials.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-035, filed 10/20/80
• Order FM-77-3, § 212-44-035, filed 12/8/77.

Wash. Admin. Code § 212-44-040 Standards.

The following standards shall be applicable to all child birth centers built or licensed after the effective date of this regulation.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-040, filed 10/20/80
• Order FM-77-3, § 212-44-040, filed 12/8/77.

Wash. Admin. Code § 212-44-045 Construction requirements.

(1) New construction or major remodeling shall comply with the Group B, Division 2 requirements of the 1976 Uniform Building Code. This classification is advisory, but not binding on local building officials charged with the administration and enforcement of the State Building Code Act.

(2) New and existing buildings not over two stories in height, to be occupied as a child birth center, may be of any recognized construction type: Provided, That the building has been maintained to the extent that the fire and life safety features have not been reduced.

(3) Buildings three stories in height shall be of at least one hour fire-resistive construction.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-045, filed 10/20/80
• Order FM-77-3, § 212-44-045, filed 12/8/77.

Wash. Admin. Code § 212-44-050 Modernization or renovation.

No construction in either modernization or renovation projects shall diminish the fire safety features of the facility below the level of new construction, as required elsewhere in this regulation. Alterations or installations of new building services equipment shall be accomplished as near as possible in conformance with the requirements for new construction.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-050, filed 10/20/80
• Order FM-77-3, § 212-44-050, filed 12/8/77.

Wash. Admin. Code § 212-44-055 Additions.

Any addition shall be separated from any existing nonconforming structure as required in Table 5B of the Uniform Building Code.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-055, filed 10/20/80
• Order FM-77-3, § 212-44-055, filed 12/8/77.

Wash. Admin. Code § 212-44-065 Design, operation.

All child birth centers shall be so designed, constructed, maintained and operated as to minimize the possibility of a fire emergency endangering the residents or patients. The protection of residents or patients from fire shall be provided by appropriate arrangement of facilities, adequate staffing and careful development of operating and maintenance procedures composed of the following: (1) Proper design, construction and separation; (2) provision for detection, alarm and evacuation; and (3) fire prevention and the planning, training and drilling in programs for the notification of fire and the safe evacuation of residents or patients from the building or affected fire area.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-065, filed 10/20/80
• Order FM-77-3, § 212-44-065, filed 12/8/77.

Wash. Admin. Code § 212-44-067 Exiting.

(1) Not less than two exits shall be accessible from every part of each floor being used for birth services or uses incidental thereto, including floor levels below the street floor.

(2) Exits shall be remote from each other and shall be arranged to minimize the possibility that both may be blocked by any emergency.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-067, filed 10/20/80.

Wash. Admin. Code § 212-44-069 Vertical openings.

Every stairway, elevator shaft, light and ventilation shaft, chute, and other opening between stories shall be enclosed or protected to prevent the spread of fire or smoke from one floor to another.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-069, filed 10/20/80.

Wash. Admin. Code § 212-44-072 Fire extinguishers.

At least one approved fire extinguisher suitable for use on fires in ordinary combustibles shall be provided on each floor level. Additional fire extinguishers may also be required due to area, travel distance or special hazards.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-072, filed 10/20/80.

Wash. Admin. Code § 212-44-073 Lighting.

(1) Illumination of the means of egress shall be continuous during the time that conditions of occupancy require that the means of egress be available for use.

(2) Automatic emergency lighting shall be provided and so arranged as to provide the required illumination automatically in the event of any interruption of normal lighting, such as the failure of public utility or other outside electrical power supply, opening of a circuit breaker or fuse, or any manual act(s) including accidental opening of a switch controlling normal lighting facilities.

(3) Electric battery-operated emergency lights shall use only reliable types of storage batteries, provided with suitable facilities for maintenance in properly charged condition. Electric storage batteries used in such lights or units shall be approved for their intended use and shall comply with the National Electrical Code, NFPA 70.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-073, filed 10/20/80.

Wash. Admin. Code § 212-44-077 Protection from hazards.

Any area used for general storage, and boiler or furnace rooms shall be separated from other parts of the building by construction having a fire-resistance rating conforming to the general construction requirements of the building type.

Central heating plants and other fuel-burning appliances shall be properly maintained and cleaned at frequent intervals. The surrounding area shall be kept free of rubbish and combustible storage.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-077, filed 10/20/80.

Wash. Admin. Code § 212-44-080 Fire alarm.

Every child birth center shall have an electrically supervised manual fire alarm system. Operation of any fire alarm activating device shall automatically, without delay, accomplish general alarm indication and sound an audible alarm throughout the building or affected portion thereof.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-080, filed 10/20/80
• Order FM-77-3, § 212-44-080, filed 12/8/77.

Wash. Admin. Code § 212-44-090 Fire and evacuation plan.

The administration of every child birth center shall have in effect and available to all supervisory personnel written copies of a plan for the protection of all persons in the event of fire and for their evacuation to areas of refuge and from the building when necessary. All employees shall be instructed and kept informed respecting their duties under the plan.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-090, filed 10/20/80
• Order FM-77-3, § 212-44-090, filed 12/8/77.

Wash. Admin. Code § 212-44-100 Equipment maintenance.

Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door and other item of equipment required by this regulation or the applicable building and/or fire code shall be continuously maintained in proper operating condition. Equipment shall be tested or operated in accordance with manufacturer's recommendation and/or at sufficient intervals to assure reliability. Records of all tests and inspections shall be maintained for review. Tests and inspections shall be under the supervision of a responsible person.

History

• Order FM-77-3, § 212-44-100, filed 12/8/77.

Wash. Admin. Code § 212-44-105 Severability.

If any provision of this regulation or its application to any person is held invalid, the remainder of the regulation or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 18.46.110. WSR 80-15-077 (Order FM 80-1), § 212-44-105, filed 10/20/80
• Order FM-77-3, § 212-44-105, filed 12/8/77.

Chapter 212-50 Identification for alternative fuel source motor vehicles.

Wash. Admin. Code § 212-50-010 Administration, authority.

These rules are adopted pursuant to chapter 145, Laws of 1984 and RCW 46.37.467 to provide for an identification placard to be issued for vehicles using an alternative fuel source.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-010, filed 10/23/84.

Wash. Admin. Code § 212-50-020 Application and scope.

The provisions of these rules shall apply to every automobile, including buses, truck, motorcycle, motor home or off-road vehicle that is fueled by an alternative fuel source.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-020, filed 10/23/84.

Wash. Admin. Code § 212-50-030 Definitions.

(1) "Alternative fuel source," as used in this chapter, includes: Propane, compressed natural gas, liquid petroleum gas, alcohol, or any chemically similar gas, but does not include gasoline or diesel fuel.

(2) "National Fire Protection Association" means the nationally recognized organization dedicated to fire safety and development of standards for fire protection and safeguarding of hazards, whose headquarters are located at Batterymarch Park, Quincy, MA 02269.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-030, filed 10/23/84.

Wash. Admin. Code § 212-50-040 Placard issuance.

Until such time as the National Fire Protection Association issues a specific placard for a specific alternative fuel source, the placard designed by the state fire marshal, as set out in these rules, shall be required.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-040, filed 10/23/84.

Wash. Admin. Code § 212-50-050 Placard design and size.

The placard shall be a weather resistant, diamond shaped label, 4-3/4 inches long and 3-1/4 inches wide. Lettering shall be a minimum of one inch in height, and centered horizontally across the placard. The label shall be of contrasting reflective luminous material and have a 1/8 inch border.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-050, filed 10/23/84.

Wash. Admin. Code § 212-50-060 Placard designations.

The placard for propane or liquified petroleum gas shall include the lettering "propane." Lettering and border shall be silver on a black background. The placard for compressed natural gas shall include the lettering "CNG" across the center. The border and lettering shall be silver on a blue background.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-060, filed 10/23/84.

Wash. Admin. Code § 212-50-070 Placement on vehicle.

The label shall be placed on an exterior vertical or near-vertical surface on the lower right rear of the vehicle (on the trunk lid of a vehicle so equipped, but not on the bumper of any vehicle) inboard from any other markings. The label shall be provided with a good quality self-adhering adhesive.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-070, filed 10/23/84.

Wash. Admin. Code § 212-50-080 Severability.

If any provision of these rules or its application to any person is held invalid, the remainder of the rules or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 46.37.467(3). WSR 84-21-109 (Order FM 84-04), § 212-50-080, filed 10/23/84.

Chapter 212-51 Standards for above-ground used oil tanks.

Wash. Admin. Code § 212-51-001 Purpose.

The purpose of this chapter is to adopt recognized standards for the design, construction, and placement of above-ground tanks to collect used oil from private individuals for recycling purposes pursuant to RCW 19.114.040.

These standards are designed to fulfill the legislative intent as stated in RCW 19.114.010 which states "Improper disposal of used oil creates leaching problems within landfills, is a significant source of water pollution, has a detrimental impact on the fisheries industry, and contributes toward the overall shortage of energy resources. In light of these harmful consequences and the ease with which used oil can be recycled, the legislature declares that it is the policy of this state to collect and recycle used oil."

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-001, filed 3/4/87.

Wash. Admin. Code § 212-51-005 Definitions.

The following definitions shall apply to this chapter:

(1) "Approved" means approved by the state director of fire protection as the result of investigation and tests conducted by him/her, or by reasons of principles, tests by national, technical, or scientific organizations accepted by the director as valid.

(2) "Director" means state director of fire protection.

(3) "Department" means the department of community development, fire protection services division.

(4) "Fire official" means the person or other designated authority, appointed by the city, town, or county, for administration and enforcement of the Uniform Fire Code adopted by reference in the State Building Code Act, chapter 19.27 RCW.

(5) "Person" means an individual, private or public corporation, partnership, cooperative, association, estate, municipality, political subdivision, or governmental agency or instrumentality. (RCW 19.114.020.)

(6) "Recycle" means to prepare used oil for re-use as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means or to use used oil as a substitute for a petroleum product made from new oil, provided that the preparation or use is operationally safe, environmentally sound, and complies with all laws and rules.

(7) "Used oil" means automotive oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-005, filed 3/4/87.

Wash. Admin. Code § 212-51-010 Applicability.

This chapter applies to all facilities placed for the collection of used oil from the public for the purpose of recycling.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-010, filed 3/4/87.

Wash. Admin. Code § 212-51-015 Application.

Prior to the placement of a collection facility, the installer shall make application to the local fire official. All equipment shall comply with the provision of this chapter. Permits will be issued or denied upon the basis of the applicant's compliance with the state fire protection services division, and the Uniform Fire Code as adopted by reference in the State Building Code Act, chapter 19.27 RCW. (See also UFC Sec. 4.101.) The installer shall provide, if required by the local fire official, a plot plan of the proposed location showing required set back from buildings or property lines.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-015, filed 3/4/87.

Wash. Admin. Code § 212-51-020 Alternate materials and methods.

The director of fire protection may modify any of the provisions of this code upon application in writing where there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be complied with, public safety secured. The particulars of such modification may be allowed and the decision of the director of fire protection shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

The director may require tests as proof of compliance with the intent of this code. Such tests shall be made by an approved agency at the expense of the person requesting approval of the alternate material or method of construction.

If technical expertise is unavailable within the department because of new technology, process, products, facilities, materials and uses attending the design of the proposed alternate, the director may require the person in possession or control to provide, without charge to the department, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire-safety speciality organization acceptable to the director and the owner, and shall analyze the fire-safety properties of the design, operation or use of the proposed alternate, and prescribe the necessary recommended changes.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-020, filed 3/4/87.

Wash. Admin. Code § 212-51-025 Minimum design standards.

Used oil collection facilities for the collection of used oil from the public shall comply with the Uniform Fire Code and the following:

(1) A funnel-shaped fill area to reduce spills.

(2) A suitable port for emptying storage tank by suction. No pressurization of the tank shall be permitted.

(3) A nearby suitable covered litter receptacle for disposal of contaminated oil containers.

(4) There shall be a suitable sticker affixed to the tank that states approval of the director of fire protection and department of ecology.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-025, filed 3/4/87.

Wash. Admin. Code § 212-51-030 Location.

Used oil collection facilities shall be located in accordance with the Uniform Fire Code, as adopted by chapter 19.27 RCW.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-030, filed 3/4/87.

Wash. Admin. Code § 212-51-035 Environmental impact of placement of above-ground used oil tanks.

As stated in RCW 90.48.320, "It shall be unlawful ... for oil to enter the waters of the state from ... any fixed or mobile facility or installation ... ." Above-ground used oil tanks should be placed to avoid discharge of spilled oil into the surface waters or groundwaters of the state pursuant to RCW 90.48.315 through 90.48.410.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-035, filed 3/4/87.

Wash. Admin. Code § 212-51-040 Portable fire extinguishers.

Fire extinguisher coverage shall be in accordance with the Uniform Fire Code.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-040, filed 3/4/87.

Wash. Admin. Code § 212-51-045 Signs.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-045, filed 3/4/87.

Wash. Admin. Code § 212-51-050 Severability.

If any provision of this chapter or its application to any person is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

• Statutory Authority: RCW 19.114.040. WSR 87-06-044 (Order 87-05), § 212-51-050, filed 3/4/87.

Chapter 212-75 Posting premises protected by guard animals.

Wash. Admin. Code § 212-75-005 Minimum specifications for approved signs.

To be approved by the state fire marshal, a sign warning of the presence of guard animals as required by RCW 43.44.120 must:

(1) Be at least three inches in height by five inches in length; and

(2) Bear the following caption in bold print at least one-half inch high: "caution! premises protected by guard animals."

History

• Statutory Authority: RCW 43.44.120. WSR 15-16-126, § 212-75-005, filed 8/5/15, effective 9/5/15. Statutory Authority: RCW 48.48.150(1). WSR 84-08-018 (Order FM 84-01), § 212-75-005, filed 3/27/84.

Chapter 212-80 Fire protection sprinkler system contractors.

Wash. Admin. Code § 212-80-001 Purpose.

The purpose of this chapter is to adopt rules to a single statewide standard of performance and compliance for the licensing of fire protection sprinkler system contractors, the issuance of certificates of competency, and the issuance of civil fines for violations of any provision of chapter 18.160 RCW or any provision of this chapter.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-001, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-001, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-001, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-001, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-001, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-005 Applicability.

This chapter applies to any person performing as a fire protection sprinkler system contractor or certificate of competency holder as defined in chapter 18.160 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-005, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-005, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-005, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-005, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-005, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-010 Definitions.

The following definitions will apply throughout this chapter:

(1) "Authority having jurisdiction (AHJ)" means the organization, office, or individual responsible for issuing permits, approving layout drawings, enforcing the requirements of a code or standard or approving materials, an installation, or a procedure. Usually, the AHJ is the building or fire official of the city or county in which the job site is located. In certain cases, such as health care facilities, transient accommodations, and day care facilities, the AHJ is the city or county building or fire official and the director.

(2) "Certificate" means a certificate of competency granted by the director under chapter 18.160 RCW, and is valid within the state and all political subdivisions, and meets all of the requirements for license or certification that may be applied by the political subdivision.

(3) "Citation" means written notification issued by the director pursuant to RCW 18.160.120 of a civil penalty for a violation of any provision of chapter 18.160 RCW or this chapter. A citation may include, but is not limited to, a description of the violation(s) and a notice of civil penalty assessment.

(4) "Contractor" means any person that offers to contract for the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such system under chapter 18.160 RCW.

(5) "Digital signature" means a secure signature in electronic form attached to an electronic record. Examples of electronic signatures include a digitized image of a "wet" signature, a graphical representation of a handwritten signature (constructed using graphics software or special fonts), or other icons or representations adopted by the person with the intent to sign the document. The digital signature must:

(a) Be unique to the certificate of competency holder;

(b) Be capable of independent verification;

(c) Be under the exclusive control of the certificate of competency holder;

(d) Transform the electronic record such that a recipient can determine that the record was signed by the certificate of competency holder; and

(e) Transform the electronic record such that a recipient can determine if the initial record was altered since the transformation was made.

(6) "Direct supervision" means the person providing direction, oversight, inspection, and observation of the work performed on the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system. Supervision requirements are met when the supervisor is on the premises for the duration of the working day.

(7) "Director" means the chief of the Washington state patrol through the director of fire protection or his or her designee.

(8) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that involves similar capabilities.

(9) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.

(10) "Fire protection sprinkler system" means an assembly of underground or overhead piping beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire or other products of combustion.

(11) "Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.

(12) "General contractor" means a contractor whose business operations require the use of more than one building trade or craft for a single job, project, or building permit. A general contractor includes a person who superintends, or consults on, in whole or in part, work that falls within the definition of a contractor.

(13) "Hazard" means a condition which could result in injury or death to a person or damage to property.

(14) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(15) "Inspection" means a visual examination of a fire protection sprinkler system, or portion of the system, to verify that the system appears to be in operating condition, is free from physical damage, and complies with the applicable statutes and regulations adopted by the state.

(16) "Licensed contractor" means a contractor issued a license to perform fire protection sprinkler system work by the director pursuant to WAC 212-80-053 of this chapter.

(17) "Maintenance" means in water-based fire protection systems, work performed to keep equipment operable.

(18) "Mitigation or hearing officer" is the state fire marshal or his or her designee who will preside over an informal, mitigation conference to discuss a civil penalty that has been assessed against a person for a violation of this chapter.

(19) "Multipurpose piping sprinkler system" means a piping system intended to serve both domestic needs in excess of a single fixture and fire protection needs from one common piping system throughout the dwelling unit(s).

(20) "Network sprinkler system" means a type of multipurpose system utilizing a common piping system supplying domestic fixtures and fire sprinklers where each sprinkler is supplied by a minimum of three separate paths.

(21) "Passive purge system" means a type of sprinkler system that serves a single toilet in addition to the fire sprinklers.

(22) "Stand-alone sprinkler system" means a sprinkler system where the above ground piping serves only fire sprinklers.

(23) "Antifreeze sprinkler system" means a wet pipe system using automatic sprinklers that contains a liquid solution to prevent freezing of the system, and is intended to discharge the solution upon sprinkler operation, followed immediately by water from a water supply.

(24) "Dry pipe sprinkler system" means a sprinkler system employing automatic sprinklers that are attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) permits the water pressure to open a valve known as a dry pipe valve, and the water then flows into the piping system and out the opened sprinkler.

(25) "Preaction sprinkler system" means a sprinkler system employing automatic sprinklers that are attached to a piping system that contains air with a supplemental detection system installed in the same areas as the sprinklers.

(26) "NFPA 20" means the selection and installation of pumps, both centrifugal and positive displacement, that supply liquid for a private fire protection system.

(27) "NFPA 24" means the installation of the dedicated underground fire service main of a water based fire protection system.

(28) "NFPA 25" means the inspection, testing, and maintenance of water based fire protection systems.

(29) "NICET" means the National Institute for Certification in Engineering Technologies.

(30) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of individuals and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(31) "Qualified" means an individual who has demonstrated through education, training, examination, or national certifications the competency, skill, and ability necessary to perform any work covered or defined by this chapter and chapter 18.160 RCW to the satisfaction of a relevant jurisdiction. In matters of compliance with the licensing and certification requirements of this chapter and chapter 18.160 RCW, the relevant jurisdiction shall be the director.

(32) "Repair" means to restore by replacing a part of or putting together what is torn or broken on the fire protection sprinkler system.

(33) "Revoke" means the director will rescind a company's license or an individual's certificate. This action causes the company or individual to cease any work in the fire protection sprinkler system field in Washington state.

(34) "Suspend" means the director holds a company's license or individual's certificate inactive until such time as the director determines that the company or individual is in compliance with the requirements of this chapter and chapter 18.160 RCW.

(35) "Testing" means a procedure used to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as water flow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original acceptance test at intervals specified in the appropriate chapter of NFPA 25.

(36) "Underground" means the portion of the fire protection sprinkler system that starts at the point where the last nonfire water use is taken from the supply mains. For the purpose of this subsection, "point where the last nonfire water use is taken from the supply mains" means the last valve, furthest from the riser, where water becomes nonflowing, which if shut off shuts off only the fire protection sprinkler system. This subsection does not apply to residential multipurpose piping fire protection sprinkler systems.

(37) "Violation" means any action, general or specific, inconsistent with the intent and letter of chapter 18.160 RCW and shall be further defined as:

(a) "Level 1 violation" means a violation which poses a minimal hazard or threat to life and property in the event of a fire.

(b) "Level 2 violation" means a violation which poses a significant hazard or threat to life or property in the event of a fire.

(c) "Level 3 violation" means a violation which poses a substantial hazard or threat to life or property in the event of a fire.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-010, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-010, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-010, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-010, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, § 212-80-010, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 92-20-070 (Order 92-08), § 212-80-010, filed 10/5/92, effective 11/5/92
• WSR 91-14-086 (Order 91-06), § 212-80-010, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-015 Compliance.

(1) All fire protection sprinkler system contractors, certificate of competency holders, and persons who design, install, inspect, test, or repair, fire protection sprinkler systems or any part of such a system will comply with the provisions of this chapter.

(2) Exceptions to subsection (1) of this section:

(a) Federal, state, and local government employees, or insurance inspectors when acting in their official capacities.

(b) A person acting under court order.

(c) A person who sells or supplies products or materials to a licensed contractor.

(d) A registered professional engineer in the state of Washington acting solely in a professional capacity.

(e) A person issued a certificate of competency by the Washington state department of labor and industries, under chapter 18.106 RCW, as a journey-level or residential specialty plumber or supervised plumber trainee installing a residential network fire protection sprinkler system connected to potable water who works for a contractor as defined by WAC 212-80-010(4) of this chapter.

(f) An owner or occupier of a single-family residence performing his or her own installation in that residence. It is the intent of this subsection that builders or contractors will not install their own sprinkler systems in single-family residences under their ownership that they plan to sell, lease, or rent.

(g) Full-time employee, or owner of a facility who is qualified to the satisfaction of the authority having jurisdiction to perform fire protection sprinkler work in said facility.

(h) An employee of a licensed electrical contractor installing or testing only the electronic signaling devices of a fire sprinkler system.

(i) A person who inspects, field tests, maintains, or repairs backflow prevention assemblies installed on potable water supplies to fire sprinkler systems and who is certified as a:

(i) Backflow assembly tester by the Washington state department of health, under chapters 70.119 RCW and 246-292 WAC; or

(ii) Backflow specialty plumber by the Washington state department of labor and industries, under chapters 18.106 RCW and 296-400A WAC, when repairing backflow prevention assemblies within a building.

(j) Work performed by companies or individuals under these exemptions must still comply with all relevant standards, codes, and local ordinances relevant to the work being performed. This includes evidencing any and all necessary competency and experience to the local fire code authority.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-015, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-015, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-015, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-015, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, § 212-80-015, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-015, filed 12/1/94, effective 1/1/95
• WSR 92-20-070 (Order 92-08), § 212-80-015, filed 10/5/92, effective 11/5/92
• WSR 91-14-086 (Order 91-06), § 212-80-015, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-018 License and certification requirements.

(1) Fire protection sprinkler contractors, only a licensed contractor, who has at least one certificate of competency holder on staff certified to license level consistent with the contractor's license, by the director, can bid, offer to bid, contract, or perform the designing, installation, inspection, testing, maintenance, or repair of a NFPA fire protection sprinkler system or any part of such a system based on the level of the contractor license. The following levels will apply to contractor licenses issued by the director:

(a) Level 1 contractor license - Residential structures consistent with the definitions found within NFPA 13D.

(b) Level 2 contractor license - Residential structures consistent with the definitions found within NFPA 13D, NFPA 13R, and NFPA 25. NFPA 24 is applicable only when the water main supplying the fire sprinkler system is equal to or greater than four inches in size.

(c) Level 3 contractor license - Includes work defined by Levels 1 and 2. This license is applicable to structures and fire protection sprinkler systems defined in NFPA 13, NFPA 24, and NFPA 25.

(d) Level U contractor license - Specialized license for underground work (NFPA 24) only.

(e) Level I&T (inspection and testing) contractor license - Specialized license for inspection and testing work (NFPA 25). This license level allows for inspection or testing of a NFPA 13R or NFPA 13, wet and dry pipe fire protection sprinkler system, provided that the:

(i) Inspection and testing technician must limit his or her work on the fire protection sprinkler system to the contractor's license level; and

(ii) Testing and maintenance of fire protection sprinkler systems such as preaction, deluge, foam or fire pumps, will be performed only by contractors who are also qualified and licensed to design and install that type of system or fire pump.

Chart 1: Fire Protection Sprinkler Contractors

(2) Fire protection sprinkler system certification - Only a certificate of competency holder may prepare layout drawings or install, inspect, test, maintain, or repair a fire protection sprinkler system or any part of such a system based on his or her certification level.

(a) Design certification - The following levels will apply to design certifications issued by the director:

(i) Level 1 design certification - NFPA 13D.

(ii) Level 2 design certification - NFPA 13D or NFPA 13R, and underground work (NFPA 24) when the designed and installed underground main is four inches or greater in size for NFPA 13R.

(iii) Level 3 design certification - NFPA 13, NFPA 13R, or NFPA 13D, and underground work (NFPA 24) for NFPA 13D, NFPA 13R, and NFPA 13.

(b) Specialized certifications - The following level will apply to specialized certifications issued by the director:

(i) Level U certification - NFPA 24; perform and supervise the installation, inspection, maintenance, repair, and testing of the underground fire protection sprinkler underground piping.

(ii) Level ITT - Inspection and testing technician - NFPA 25 for inspection or testing of a NFPA 13R or NFPA 13. The inspection and testing technician must limit his or her work to the employing contractor's license level.

Chart 2: Fire Protection Sprinkler Certifications

Chart 3: Certificate Level Required for Level of License

(3) RCW 18.160.040(10) prohibits a certificate of competency holder from working for more than one licensed contractor at any one time.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-018, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 17-10-031, § 212-80-018, filed 4/26/17, effective 5/27/17
• WSR 14-03-019, § 212-80-018, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-018, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-018, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, § 212-80-018, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-023 Authority having jurisdiction.

(1) The fire protection sprinkler systems contractor must obtain approval from the authority having jurisdiction. The authority having jurisdiction must approve plans, specifications, calculations, contractor's materials and test certificates, and final approval. The authority having jurisdiction may conduct an approved flow test of heads as part of the approval for 13D fire protection sprinkler systems.

(2) In certain types of occupancies the authority having jurisdiction may be the director and the building or fire official of the city or county in which the installation is located. Generally, these dual responsibilities occur in health care facilities, transient accommodations, and day care facilities. In matters concerning compliance with chapter 18.160 RCW, or this chapter, the director will be considered the authority having jurisdiction.

(3) It is the responsibility of the licensed contractor or certificate of competency holder to ascertain which agency or agencies have jurisdiction. If there is a question of which agency is the authority having jurisdiction, the licensed contractor or certificate of competency holder should contact the director.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-023, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-023, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-023, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-023, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-025, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-033 Posting requirements—License, certificates, and license number.

(1) All licenses and certificates must be posted as follows:

(a) Each license and certificate issued under chapter 18.160 RCW must be posted in a conspicuous place in the licensed contractor's place of business.

(b) All bids, advertisements, proposals, offers, and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor's license number.

(c) All inspection and testing certificates, documentation, or other such records of work must have affixed to them:

(i) The inspection and testing technician certificate number;

(ii) The signature of the inspection and testing technician; and

(iii) The date of signature.

(2)(a) Every certificate of competency holder must be in possession of his or her wallet card and display it upon request to the authority having jurisdiction.

(b) The wallet card must either be on the certificate of competency holder (wallet, lanyard, article of clothing, etc.) or readily accessible.

(3) Failure to comply with this section constitutes a Level 1 violation for each occurrence.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-033, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-033, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, recodified as § 212-80-033, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-100, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-038 Municipality, county, or state regulations.

(1) Nothing in this chapter or chapter 18.160 RCW limits the power of a municipality, county, or state to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections which are designed to assure compliance with and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety.

(2) Nothing in this chapter or chapter 18.160 RCW limits the authority of the municipality, county, or state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state of layout drawings and specifications for work to be performed by contractors before commencement of the work.

(3) A municipality, county, or state may not enact a regulation or requirement to require any licensing or certification apart from the requirements provided by chapter 18.160 RCW and this chapter unless the program was in place before 1991.

(4) Licensed contractors and certificate of competency holders must comply with the authority having jurisdiction's requirements to obtain permits or permission before the installation, repair, alteration, or addition of a fire protection sprinkler system. Failure to comply with this section constitutes a Level 2 violation.

(a) Except as provided by (b) of this subsection, when a licensed contractor submits a bid to work on a fire protection sprinkler system, the licensed contractor does not need to obtain permits or permission from the authority having jurisdiction.

(b) The licensed contractor or certificate of competency holder must verify whether a permit or permission is required from the authority having jurisdiction before installing, repairing, altering, adding, or removing any fire protection sprinkler system.

(5) The authority having jurisdiction's official authorized to issue building or other related permits must ascertain that the fire protection sprinkler system contractor is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor's license and a valid certificate of competency stamp consistent with the contractor's license.

(6) Officials of any municipality, county, or the state are required to determine compliance with this chapter before awarding any contracts for the installation, inspection, testing, maintenance, repair, service, alteration, fabrication, or addition of a fire protection sprinkler system.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-038, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-038, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-038, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-038, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-130, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-048 Subcontracting.

(1) Subcontracting work on a fire protection sprinkler system is not permitted:

(a) If the subcontractor does not have a current fire protection sprinkler system contractor's license consistent with the level of work preformed on the fire protection sprinkler system; or

(b) If the inspection and testing work is contracted to a contractor licensed by the department of labor and industries, but not a licensed fire protection sprinkler system contractor.

(c) Failure to comply with this section constitutes a Level 3 violation.

(2) Subcontracting of any fire sprinkler protection system work is permissible:

(a) When a licensed general contractor bids on a project that involves a fire protection sprinkler system. All subcontracting by a licensed general contractor for fire sprinkler work must be performed by a licensed fire protection sprinkler system contractor; or

(b) When the subcontractor is a licensed fire protection sprinkler system contractor and licensed at a level consistent with the work performed on the fire protection sprinkler system.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-048, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-048, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-048, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-053 Application for licensed fire protection sprinkler system contractor.

(1) Applicants seeking a fire protection sprinkler system contractor's license must:

(a) Register the company structure with the secretary of state (www.sos.wa.gov), RCW 23B.01.200;

(b) Submit a master business application with the department of licensing (www.dol.wa.gov) or through the department of labor and industries (www.lni.wa.gov) and receive a unified business identifier number and 12 digit contractor number;

(c) Obtain a federal tax number from the Internal Revenue Service (www.irs.gov); and

(d) Register as a general or specialty contractor with the department of labor and industries under chapter 18.27 RCW.

(2) To become a licensed contractor under this chapter, a person must:

(a) Be or have in his or her full-time employ a holder of a valid certificate of competency whose level is consistent with the license level the contractor is applying for as provided by WAC 212-80-018. If the certificate of competency holder is not certified when the fire protection sprinkler system contractor submits an application for licensing, the certificate of competency holder's application must be submitted at the same time.

(b) Submit an application to the director on forms provided for the level of fire protection sprinkler system contractor license. The applicant must complete and provide to the director:

(i) Initial application;

(ii) Contractor license background;

(iii) Affidavit of compliance for licensing; and

(iv) Bond or assignment of deposit.

(c) Pay the fees required under WAC 212-80-073 for the applicable level of license.

(d) Meet the bonding requirements of WAC 212-80-078.

(e) Provide the business name registered with the department of labor and industries and provide the 12 digit alphanumeric business license number assigned by that agency.

(3) All information submitted for a fire protection sprinkler system contractor license must be true and accurate.

(4) Failure to comply with this section constitutes a Level 3 violation.

(5) If the director finds that information or documents submitted by an applicant is false, misleading or has been altered in an effort to meet the requirements, the director will revoke the license pursuant to WAC 212-80-205.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-053, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-053, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-053, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-053, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-090, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-058 Fire protection sprinkler system contractor license not transferable.

(1) A license issued under this chapter is not transferable.

(2) If a currently licensed contractor merges or forms another company, that license can be reissued to the newly formed or incorporated company provided:

(a) The principal officers of the licensed company remain the same;

(b) The company continues, takes over, or otherwise reestablishes the bond required by chapter 18.160 RCW for licensing;

(c) The company continues to perform fire protection sprinkler system contractor work as defined by chapter 18.160 RCW;

(d) The company employs certificate of competency holders of the appropriate levels; and

(e) The company meets the criteria necessary for licensing as a fire protection sprinkler contracting company as defined by chapter 18.160 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-058, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-058, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-058, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-058, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-105, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-063 Contractor responsibilities, certificate of competency holder employment.

(1) Any fire protection sprinkler system contractor must have at least one full-time certificate of competency holder, consistent with the license level as provided by WAC 212-80-018, employed to conduct business.

(2) If a certificate of competency holder leaves the employment of the fire protection sprinkler system contractor, the contractor must comply with the following:

(a) From the date of separation of the design-only certificate of competency holder, the contractor will have six months or until the expiration of the current license, whichever occurs last, to come into compliance. In order to be issued a new license, the contractor must employ a new person (either as owner or full-time employee) with the appropriate certificate level consistent with the contractor's license level as provided by WAC 212-80-018.

(b) The licensed contractor must notify the director of the loss of the primary design certificate of competency holder within 30 calendar days. For the purposes of this subsection, 30 calendar days commence on the certificate of competency holder's last day of employment for compensation. The licensed contractor's failure to notify the director:

(i) Within 30 calendar days is a Level 1 violation.

(ii) Within 60 calendar days is a Level 2 violation.

(iii) After 180 calendar days is a Level 3 violation.

(c) A fire protection sprinkler system contractor may renew a license without employing a design certificate of competency holder if the six-month period crosses into a new license year and all appropriate fees are paid at the time of renewal. During the period in which the licensed contractor does not have a design certificate of competency holder, the licensed contractor must limit work on fire protection sprinkler systems to:

(i) Completing the active phase of existing work in progress which has been approved by the authority having jurisdiction, and may not receive new approvals from the authority having jurisdiction without a design certificate of competency holder's number on the documents; or

(ii) Continuing installation on approved design plans, however, the contractor's material and test certificate for the system must be stamped by a certificate of competency holder in the full-time employ of the installing contractor.

(d) If a contractor fails to employ a design certificate of competency holder as required in this chapter, and the director has renewed the license, the director will suspend the contractor's license pursuant to WAC 212-80-205. The suspension will remain in effect until the contractor has a full-time design certificate of competency holder or a hearings officer denies the director's petition to suspend the license.

(e) When a licensed contractor no longer employs a design certificate of competency holder, and the contractor has not hired another design certificate of competency holder, the contractor may not bid on the design, installation, or repair of a fire protection sprinkler system, or any part of such system, that requires work inconsistent with the previously employed design certificate of competency holder's level.

(f) Any contractor that uses a current or former employee's certification stamp on any technical drawings not prepared by the design certificate of competency holder is in violation of this chapter.

(g) Failure to comply with (c) through (f) of this subsection constitutes a Level 3 violation.

(3) If a certificate of competency holder leaves the employment of a Level U or I&T fire protection sprinkler system contractor, the contractor must comply with the following:

(a) The licensed contractor is prohibited from continuing the supervision of underground fire sprinkler pipe installation and inspection, testing, and maintenance, of fire protection sprinkler systems. Failure to comply with this subsection constitutes a Level 3 violation and the director may summarily revoke the contractor's license.

(b) The contractor must immediately cease bidding on or starting any sprinkler work without the appropriate specialty certificate of competency holder.

(c) The contractor must notify the director within 30 days after the specialty certificate of competency holder's last day of employment for compensation. Failure to comply with this subsection constitutes a Level 2 violation and the director may suspend the contractor's license pursuant to WAC 212-80-205.

(4) The contractor is responsible for the work and actions of its employees regardless of the contractor's knowledge of any wrongdoing. The director may refuse to issue or renew a license to engage in the fire protection sprinkler system business for any of the reasons listed in WAC 212-80-205. The director may suspend or revoke the license or the certificate of competency holder's certificate to engage in the fire protection sprinkler system business for any of the reasons listed in WAC 212-80-205.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-063, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-063, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-063, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-063, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-110, filed 12/1/94, effective 1/1/95
• WSR 91-14-086 (Order 91-06), § 212-80-110, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-068 License renewals.

(1) All licensed fire protection sprinkler system contractors desiring to continue to be licensed must renew their license before January 1 of each year. The application for renewal must be made upon a form prescribed by the director. Any contractor not wishing to renew their license at the beginning of the year should notify the director of the intention not to renew.

(2) A licensed contractor that fails to secure renewal of the license by the expiration date will:

(a) Not execute contracts for the design, installation, inspection, testing, maintenance or repair of fire protection sprinkler systems or any part of such a system in the state of Washington.

(b) Submit a license reinstatement application pursuant to WAC 212-80-053 to obtain a fire sprinkler protection system contractor license.

(3) The director will not renew a license that has been suspended by the director, or if the general or specialty license issued by the department of labor and industries has been suspended or revoked.

(4) In addition to other provisions of this chapter, any of the following will constitute cause for the director, not to restore a license that has been suspended:

(a) Nonreceipt of payment of all delinquent fees;

(b) Nonreceipt of a late charge and/or application fee;

(c) Failure to comply with the bonding requirements of chapter 18.160 RCW; or

(d) Failure to obtain or show evidence of having a full-time employee certified as a certificate of competency holder of the appropriate level as defined by chapter 18.160 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-068, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-068, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-068, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-068, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-115, filed 12/1/94, effective 1/1/95
• WSR 92-20-070 (Order 92-08), § 212-80-115, filed 10/5/92, effective 11/5/92
• WSR 91-14-086 (Order 91-06), § 212-80-115, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-073 Fire protection sprinkler system contractor license fees.

(1) Initial application fee is $100 only charged once when a person makes the initial application for any fire protection sprinkler system contractor license.

(2) Annual license fee is paid by the contractor when:

(a) Submitting the application for a license; or

(b) Renewing the fire sprinkler system license. The annual license fees for each contractor license level are:

(3) Except as provided by (b) of this subsection, the annual license fee as provided by subsection (2)(a) of this section will be prorated based upon the portion of the year such license is in effect, provided that:

(a) The annual license fee is allowed to be prorated only once in the history of the company.

(b) When the director finds that a contractor performed work covered by this chapter and chapter 18.160 RCW, the contractor must pay the full annual licensing fees, in addition to any penalties assessed by the director for unlicensed operation(s).

(c) The prorated fees are as follows:

(4) License fees are nonrefundable once the director has issued the license.

(5) The director will invoice the annual license and certification fees for renewal to the contractor and the certificate of competency holders. Contractors may receive invoices for the certificate of competency holders they employ.

History

• Statutory Authority: RCW 18.160.030. WSR 24-08-004, § 212-80-073, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-073, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-073, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-073, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-073, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-120, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-078 Contractor surety bonds.

(1) A fire protection sprinkler system contractor must have a separate bond conditioned to compensate third-party losses caused by the acts of the contractor's principal or the principal's servant, officer, agent, or employees, in conducting the business registered or licensed under this chapter as follows:

(a) Level 3 or Level "U" fire protection sprinkler system contractor, must file with the director a surety bond executed by a surety company authorized to do business in the state of Washington, in the sum of $10,000; or

(b) Level 1 or Level 2 systems or a contractor to be licensed as an inspection and testing contractor, must file with the director a surety bond executed by a surety company authorized to do business in the state of Washington, in the sum of $6,000.

SURETY BOND REQUIREMENT CHART

(2) Upon approval by the director, cash or other security may substitute for a surety bond provided the value matches the appropriate level of bonding required under subsection (1) of this section and the following conditions are met:

(a) The value of property must be determined by an appraiser selected by the director and all appraisal fees will be paid by the fire protection sprinkler system contractor.

(b) The cash or other security substitute will be released one year after the expiration of the fire protection system contractor license issued by the director provided that there are no claims against the bond.

(3) A cancellation of a surety bond or insurance policy is effective 30 days after the director receives the cancellation notice or upon the cancellation date as specified by the surety company whichever occurs first. The cancellation notice must be sent to the director by certified or registered mail and contain the following information in this order:

(a) The name of the contractor, exactly as it appears on the contractor's license;

(b) The contractor's license number (as issued by the department of labor and industries);

(c) The contractor's business address;

(d) The number of the bond or insurance policy that is to be canceled; and

(e) The effective date of the bond that is to be canceled.

(4) If the surety company cancels or revokes the bond or a withdrawal of the surety company from the bond occurs, the director will suspend both the fire protection sprinkler system contractor license issued to the contractor, and the certifications of employee(s) employed by the contractor pursuant to WAC 212-80-205. The director may rescind the suspension action when the contractor files a new bond or reinstatement notice. The director will provide written notice to both the contractor and certificate of competency holders of the suspension action.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-078, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-078, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-078, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-078, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-078, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 92-20-070 (Order 92-08), § 212-80-125, filed 10/5/92, effective 11/5/92.

Wash. Admin. Code § 212-80-083 Stamps for NFPA 13D, 13R, and 13 systems certificate of competency holders.

Certificate of competency holders for Level 1, Level 2, Level 3, and Level U will obtain a stamp each certification year to affix on all sprinkler related documents as provided by this chapter.

(1) Will the stamp come with my certification? When the director issues a certificate, the director will provide a Level 1, Level 2, Level 3, and Level U certificate of competency holder the information necessary to order a stamp. The cost of the stamp and obtaining a stamp will be the responsibility of the certificate of competency holder.

(2) What is required on the stamp? The stamp will conform to the following appearance specifications:

(a) The name and certification number of the certificate of competency holder;

(b) The name and license number of the certificate of competency holder's employer;

(c) The expiration date of the current certificate; and

(d) A place for the signature of the design certificate of competency holder and the date of the signature.

(3) When is the stamp required to be used? An original stamp and signature must appear in an easily recognizable manner on:

(a) Sprinkler system plans, calculations, and contractors' materials and test certificates submitted to the authority having jurisdiction.

(b) At least one set of approved plans and calculations, containing information as specified in subsection (1) of this section, must be maintained on the job site while the work is being performed.

(c) The cover sheet of hydraulic calculations.

(d) On all test certificates for fire protection sprinkler systems submitted to the authority having jurisdiction.

(4) Plans and calculations for "underground only" portions of fire protection sprinkler systems submitted to the authority having jurisdiction by a Level U licensed fire protection sprinkler contractor must be stamped by both the system designer and the certificate of competency holder for the licensed installing contractor seeking the permit. The Level U certification seal will only address matters of installation while the stamp for design must be either:

(a) A licensed professional engineer registered in the state of Washington; or

(b) A government employee acting in their official capacity; or

(c) The appropriate level certificate of competency holder and the Level U certificate of competency holder employed by the submitting contractor.

(5) What are the documentation requirements for inspection and testing technicians? Inspection and testing technicians must affix the certificate number and signature on all bids or documents related to the inspection and testing of a fire protection sprinkler system. The inspection and testing technician may affix the certificate number by handwriting or digital signature.

(6) Can documentation be provided using an electronic record?

(a) Yes. Electronic records may be submitted provided that:

(i) The electronic record must meet the applicable requirements of chapter 18.160 RCW and this chapter; and

(ii) The signature is an original "wet" signature, written by hand and applied by the identified registrant or a digital signature.

(b) The following guidelines will be used when submitting electronic records:

(i) An electronic stamp may be embedded in an electronic document as part of a template, drawing border, or cover sheet.

(ii) The certificate of competency holder is responsible for ensuring that the stamp is only affixed to documents personally prepared by or under his or her direct supervision.

(iii) If the stamp is combined with a digital signature into a single graphic entity, then it must:

(A) Be affixed by the certificate of competency holder in conjunction with the certificate of competency holder applying his or her digital signature to the document;

(B) Include a scanned image of a "wet" signature; and

(C) Be affixed only to the final documents.

(iv) A digital signature must be affixed by the certificate of competency holder to final documents that are distributed as an electronic record to meet the requirements of this section. The certificate of competency holder must maintain exclusive control to his or her digital signature.

(7) Violations of this section includes:

(a) A certificate of competency holder altering, forging, or falsifying a certification stamp in order to submit bids or documents related to fire protection sprinkler system plans, calculations, permits, or any other documents that show the stamp being valid, constitutes a Level 3 violation.

(b) A certificate of competency holder using a stamp from previous employment with a licensed contractor while employed by another licensed contractor will constitute a Level 2 violation.

(c) A certificate of competency holder using an issued stamp from previous employment with a licensed contractor while not currently employed by a licensed contractor will constitute a Level 3 violation.

(d) A certificate of competency holder using an expired stamp will constitute a Level 3 violation.

(e)(i) A certificate of competency holder stamping documents that have been forwarded to the authority having jurisdiction for approval that were not prepared by the certificate of competency holder or an individual under his or her direct supervision constitutes a Level 3 violation.

(ii) Stamped documents submitted to the authority having jurisdiction for work other than design that does not clearly bear the seal of the designer shall constitute a Level 2 violation.

(f) A certificate of competency holder failing to affix the certificate stamp or inspection testing technician's number and signature on inspection forms constitutes a Level 1 violation.

(g) A certificate of competency holder obtaining a certification stamp while not holding a current and valid certificate of competency holder constitutes a Level 3 violation.

(h) Anyone who uses a certification seal and/or number that was not issued to them by the direction on any fire protection sprinkler system work for any reason constitutes a Level 3 violation.

(8) A licensed contractor hired by a person who has obtained a building, structure, or property through a foreclosure process may not use a previous licensed fire protection sprinkler system contractor's design, uncompleted installation, or permit. The licensed contractor must submit new plans with the certificate of competency stamp affixed and obtain a new permit from the authority having jurisdiction for work that will be done under the licensed contractor's supervision. The decision to remove piping must be made in consultation with the authority having jurisdiction. The licensed contractor must obtain approval from the authority having jurisdiction for any portion of the fire protection sprinkler system that was not previously inspected and approved by the authority having jurisdiction.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-083, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-083, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-083, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-083, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-083, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-035, filed 12/1/94, effective 1/1/95
• WSR 92-20-070 (Order 92-08), § 212-80-035, filed 10/5/92, effective 11/5/92
• WSR 91-14-086 (Order 91-06), § 212-80-035, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-088 Contractor's materials and test certificates.

(1) The certificate of competency holder must complete the contractor's material and test certificate(s), affix his or her certificate stamp, and forward the certificate(s) to the authority having jurisdiction.

(2) Contractor's material and test certificate forms must be of such form as accepted or approved by the authority having jurisdiction.

(3) The authority having jurisdiction and the building owner must retain copies of the contractor's materials and test certificate for a minimum of five years.

(4) The certificate of competency holder will not allow his or her stamp to be used to complete the contractor's materials and test certificate(s) that were not prepared personally by the certificate of competency holder or under his or her direct supervision. Failure to comply with this subsection constitutes a Level 2 violation.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-088, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-088, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-088, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-088, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-040, filed 12/1/94, effective 1/1/95
• WSR 91-14-086 (Order 91-06), § 212-80-040, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-093 Certificate of competency holder certification.

(1) The issuance of a certificate of competency is dependent on employment with a licensed contractor. All applications for a certificate of competency must be submitted with the fire protection sprinkler system contractor's license application or under an existing license. A certificate application will not be processed without the fire protection sprinkler system contractor's license application unless they are currently licensed. All applications must be made on the forms provided by the director and include the required fees provided by WAC 212-80-098 and documentation for the required level of certification as provided by this section.

(a) For Level 1 design certification, the applicant must:

(i) Have satisfactorily passed with a final score of 80 percent or better an examination administered by the director, or present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved Level 2 certification in the field of water-based fire protection system layout; or

(ii) Be a Washington licensed professional engineer.

(b) For Level 2 design certification, the applicant must:

(i) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved a Level 2 in the field of water-based fire protection systems layout; or

(ii) Be a Washington licensed professional engineer.

(c) For Level 3 design certification, the applicant must either:

(i) Present a copy of a current certificate from the National Institute for Certification in Engineering Technologies showing that the applicant has achieved a Level 3 in the field of water-based fire protection systems layout; or

(ii) Be a Washington licensed professional engineer.

(d) For Level U certification, the applicant must have satisfactorily passed with a final score of 80 percent or better an examination administered by the director.

(e) For inspection and testing technician certification, the applicant must:

(i) Possess a National Institute for Certification and Engineering Technologies Inspection, Testing and Maintenance Level 2 or Level 3 certification; or

(ii) Possess the American Society of Sanitary Engineers 15010 Field Technician Certification; and

(iii) Perform work consistent with the employing contractor's licensing level.

(f) For a professional engineer to act as a Level 1, 2, or 3 certificate of competency holder and be issued a stamp, the professional engineer must:

(i) Be licensed by the department of licensing;

(ii) Obtain a Level 1, Level 2, or Level 3 certificate;

(iii) Properly register with the department of licensing;

(iv) Complete the application process for certification provided by WAC 212-80-093;

(v) Pay fees provided by WAC 212-80-073;

(vi) Supply the director with proof that he or she holds a current, valid state of Washington registration as a professional engineer; and

(vii) Otherwise the professional engineer is exempt from certification when acting solely in a professional capacity as an engineer.

(2) Proof of competency to the satisfaction of the director is mandatory.

(3) All information submitted by an applicant to the director to apply for a certificate must be true and accurate. If the director finds that information or documents submitted by an applicant is false, misleading, or has been altered in an effort to meet the requirements provided by this chapter, the finding will constitute a Level 3 violation.

(4) A violation of this section that involves a contractor allowing an employee to engage in performing fire protection sprinkler system work:

(a) Without a license or certificate, or with a license or certificate that has been expired for one or more years is a Level 3 violation.

(b) With a license or certificate that has been expired for more than 90 days and less than one year is a Level 2 violation.

(c) With a license or certificate that has been expired less than 90 days is a Level 1 violation.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-093, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 19-24-059, § 212-80-093, filed 11/27/19, effective 12/28/19
• WSR 17-10-031, § 212-80-093, filed 4/26/17, effective 5/27/17
• WSR 14-03-019, § 212-80-093, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-093, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-093, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-093, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-045, filed 12/1/94, effective 1/1/95
• WSR 91-14-086 (Order 91-06), § 212-80-045, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-098 Fees for certificate of competency holder.

There are four separate fees that may apply:

(1) Application fee is $100 only charged once when a person makes the initial application for any of the certificates specified in this section. As long as the certificate of competency holder maintains continuous certification, the certificate of competency holder is not required to pay a subsequent application fee.

Application fees are nonrefundable.

(2) Annual certification fee is $100 paid each year the certificate of competency holder applies for certification renewal. The annual renewal fee:

(a) Is in addition to the initial application fee paid for the initial application; and

(b) Is nonrefundable once the certificate has been issued.

(3) Prorated fee is the initial certification fee prorated based on the portion of the year the certification is in effect before renewal on January 1st.

(a) Prorated fees are allowed only for the initial certificate.

(b) Renewals or reinstatements will not be prorated.

The prorated fees are as follows:

(4) Examination fee is $150, charged per examination, including retests.

Examination fees are nonrefundable.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-098, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-098, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-098, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-098, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-050, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-108 Certificate not transferable.

(1) A certificate issued under this regulation is not transferable to another person.

(2) The certificate can follow a certificate of competency holder to another employer provided that employer is currently licensed at the appropriate level.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-108, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-108, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-108, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-060, filed 12/1/94, effective 1/1/95
• WSR 91-14-086 (Order 91-06), § 212-80-060, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-113 Certificate of competency holder employment.

(1) All certificate of competency holders must be employed by a licensed fire protection sprinkler system contractor.

(a) In no case will a certificate of competency holder be employed full time by more than one licensed contractor at the same time.

(b) If the certificate of competency holder should leave the employment of the licensed contractor, he or she will notify the director within 30 days of his or her last day of employment. Failure to do so constitutes a Level 2 violation.

(2) The following exceptions may apply:

(a) Any current certificate of competency holder for the license and certification year who is no longer employed by a licensed contractor will become "INACTIVE." An "INACTIVE" certificate will:

(i) Not be issued a physical certificate;

(ii) Not allow the certificate of competency holder to perform any work in the fire protection sprinkler system trade as a certificate of competency holder until the certificate of competency holder is employed by a licensed contractor licensed by the director. When an "INACTIVE" certificate of competency holder is employed by a licensed contractor the director will reissue a certificate to the certificate of competency holder;

(iii) Expire at the end of the current licensing and certification cycle and cannot be renewed as "INACTIVE."

(b) The "QUALIFIED EXEMPT" certification allows persons who are considered exempt from the licensing and certification requirements of chapter 18.160 RCW and this chapter and not currently working for a licensed contractor, to obtain evidence of qualification while working for an employer who requires a knowledge and skill base of fire protection sprinkler systems.

(i) A "QUALIFIED EXEMPT" certificate:

(A) Will not be used for work under contract.

(B) May be issued to:

(I) An employee of the United States, state or local government, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities.

(II) A person who performs maintenance or other duties for an employer, and performs work on only his or her employer's fire protection sprinkler system.

(III) A person who works for an industry ancillary to the fire protection sprinkler system contracting trade that is regulated by chapter 18.160 RCW.

(ii) A "QUALIFIED EXEMPT" certificate of competency holder will:

(A) Bear "QUALIFIED EXEMPT" on the certificate and listing post on the internet and the person's level of certification.

(B) Be issued a physical certificate.

(C) Not be issued a stamp.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-113, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-113, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-113, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-113, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-113, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-070, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-118 Certificate renewals.

(1) A certificate must be renewed by January 1st of each calendar year.

(2) Failure of a certificate of competency holder to renew his or her certificate by the expiration date will constitute a break in certification. For certificates that are expired for:

(a) Less than two consecutive calendar years, the certificate of competency holder may reinstate by submitting a reinstatement application provided by the director and paying applicable fees.

(b) Two or more calendar years, the certificate of competency holder must submit a new application with evidence of qualification, including any required exam, and applicable fees for a new certificate.

Those who were qualified under the grandfathering process will need to apply for certification as a new applicant and meet the current requirements.

(3) The director will not renew a certificate if:

(a) The certificate of competency holder is employed by a fire protection sprinkler system contractor who has not submitted for a renewal of its license; or

(b) The certificate of competency holder is employed by an unlicensed fire protection sprinkler system contractor or anyone who is not otherwise considered exempt from chapter 18.160 RCW; or

(c) The certificate is in a revoked or suspended status.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-118, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-118, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-118, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-118, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-075, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-123 Voluntary relinquishment of certificates.

(1) A certificate of competency holder may voluntarily relinquish his or her certificate to the director.

(2) The relinquishment is effective when the certificate is received by the director.

(3) After relinquishing the certificate, he or she will not be known as a certificate of competency holder or trainee and will desist from the practice thereof.

(4) Within two years from the time of relinquishment of the certificate, he or she may again qualify for a certificate, with the approval of the director by submission of a reinstatement application and the payment of any required fee.

(5) If two or more years have elapsed, he or she will return to the status of a new applicant.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-123, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-123, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-123, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, amended and recodified as § 212-80-123, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 91-14-086 (Order 91-06), § 212-80-080, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-165 Certificate of competency holder requirements and limitations.

(1) The director issues a wallet card to a person issued a certificate of competency. The card will be kept by the certificate of competency holder. The certificate of competency holder must make the card available for review at any time.

(2) The authority having jurisdiction or director may request a certificate of competency holder to display his or her wallet card. Failure to display a wallet card upon request constitutes a Level 1 violation.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-165, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-165, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-165, filed 8/16/05, effective 9/16/05.

Wash. Admin. Code § 212-80-205 Suspension or revocation of licenses or certificates.

(1) The director may refuse to issue or renew or may suspend or revoke the privilege of any individual acting as a certificate of competency holder, certified or not, or a licensed or unlicensed fire protection sprinkler system contractor to engage in the fire protection sprinkler system business. The director may establish penalties against a person or company who violates any provision of chapter 18.160 RCW or any provision of this chapter while he or she is engaged in the design, installation, inspection, testing, maintenance, or repair, of a fire sprinkler system or any part of such system.

(2) The following actions will result in suspension, revocation, or civil penalties against a fire protection sprinkler system contractor and suspension or revocation for certificate of competency holder:

(a) Gross incompetence - The licensed contractor and/or certificate of competency holder demonstrated he or she does not have the qualifications or ability to perform at the level of license or certificate required to contract or offer to bid on the design, installation, inspection, testing, maintenance, or repair, of a fire protection sprinkler system or any part of such system. For the purpose of this subsection, qualifications mean that the person did not possess or has not possessed a valid certificate to the level required for the work performed.

(b) Gross negligence - The licensed contractor and/or certificate of competency holder has demonstrated a habitual failure in the preparation of layout drawings, installation, repair, alteration, testing, maintenance, inspection, or addition to fire protection sprinkler systems in accordance with plans, specifications, building codes, or the publications of the National Fire Protection Association. For the purpose of this subsection, "habitual failure" means that the person has over a period of time committed five violations of chapter 18.160 RCW, or this chapter in separate offenses, or has failed to design or install sprinkler systems in accordance with plans, specifications, building codes, or the publications of the National Fire Protection Association. Violations for gross negligence identified and enforced by the authority having jurisdiction must:

(i) Show a pattern of performance issues or repetitive violations of chapter 18.160 RCW, and/or this chapter by the company or those it employs to the director;

(ii) Demonstrate that the pattern of performance issues or repetitive violations have occurred in any jurisdiction within the state of Washington beginning no more than five years from the date the authority having jurisdiction's investigation commences; and

(iii) Provide documentation to show the licensed contractor and/or certificate of competency holder's gross negligence including, but not limited to:

(A) Correspondence between the licensed contractor or certificate of competency holder and the local authority having jurisdiction that identifies violations of work that do not comply with the applicable standards;

(B) Failed permit or work inspections;

(C) Issued stop work order;

(D) Investigations resulting from a complaint;

(E) Violation notices; or

(F) Issued citations or infractions.

(c) Dishonest practices - The licensed contractor and the certificate of competency holder will not engage in dishonest fire protection sprinkler systems business practices that include, but are not limited to:

(i) Charging customers for work not performed. When a licensee is suspended, revoked, or denied, as part of a complaint investigation where the licensed contractor or certificate of competency holder received payment for supplies or work not performed and did not return the funds to the person contracting for the service, the director may upon receipt of a renewal application require that the licensed contractor or certificate of competency holder pay restitution as a condition to renew the license.

(ii) Receiving any payments on work that the licensed contractor or the certificate of competency holder is not licensed or certified to perform.

(iii) Implying either verbally or in writing that either the licensed contractor or the certificate of competency holder possesses the appropriate license or certificate to bid on or complete fire sprinkler work when he or she does not have that fire protection sprinkler system contractor license or certification level.

(iv) Performing certification, installation, inspection, testing, or maintenance for a water based fire protection sprinkler system or equipment contrary to the National Fire Protection Association codes, National Fire Protection Association standards, or manufacturer's specifications.

(v) Performing certification, installation, inspection, testing, or maintenance for a water based fire protection sprinkler system or equipment beyond that which the contractor is licensed and/or certificate of competency holder is certified, regardless of whether or not the work done was in compliance with the National Fire Protection Association codes, National Fire Protection Association standards, or manufacturer's specifications.

(d) Actions showing an indifference to comply with the fire protection sprinkler system business practices that include, but are not limited to a licensed contractor:

(i) Offering to contract for fire protection sprinkler system work without currently employing a certificate of competency holder.

(ii) Requiring or allowing employees to falsify any sprinkler tags, labels, or inspection reports.

(iii) Permitting or requiring a certificate of competency holder to use his or her certificate in connection with the preparation of any technical drawings that have not been prepared personally by the certificate of competency holder or under his or her direct supervision, or in violation of this chapter.

(e) Any violation of this section constitutes a Level 3 violation.

(3) The licensed contractor or certificate of competency holder will be notified in writing of the denial, suspension, or revocation action.

(4) The director may deny, suspend, or revoke a license or certificate under the following process:

(a) The director must give the licensed contractor or certificate of competency holder notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW before the denial, suspension, or revocation of the license or certificate.

(b) Upon receiving notice of the denial, suspension, or revocation action, the licensed contractor or certificate of competency holder may, within 30 days from the date of the notice of action, request in writing to the director a hearing on the denial, suspension, or revocation of the license or certificate. An adjudicative proceeding will be commenced within 90 days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.

(c) Upon receiving a hearing request, the director may, at the request of the licensed contractor or certificate of competency holder, or on his or her own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in Thurston County at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as outlined in chapter 34.05 RCW.

(d) The director may, without prior notification to the licensed contractor or certificate of competency holder, deny, suspend, or revoke a license or certificate if the director finds that there is a danger to the public health, safety, or welfare that requires immediate action. In every summary suspension of a license or certificate, an order signed by the director or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instated and determined. The director must give notice as is practicable to the licensed contractor or certificate of competency holder.

(5) The following penalties are associated with performing fire protection sprinkler system work while a license and/or certificate is denied, suspended, or revoked:

(a) Any person engaged in the trade of designing, installing, inspecting, testing, maintaining, or repairing a fire protection sprinkler systems or any part of such system while his or her license and/or certificate is denied, suspended, or revoked, will be issued a Level 3 violation.

(b) Any licensed or unlicensed fire protection sprinkler system contractor that allows an employee to engage in the trade designing, installing, inspecting, testing, maintaining, and/or repairing a fire protection sprinkler system or any part of such a system while his or her license or certificate has been denied, suspended, or revoked, will be issued a Level 3 violation.

History

• Statutory Authority: RCW 18.160.030. WSR 24-08-004, § 212-80-205, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-205, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-205, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-205, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-17-099, § 212-80-205, filed 8/16/05, effective 9/16/05
• WSR 05-05-006, amended and recodified as § 212-80-205, filed 2/4/05, effective 3/7/05. Statutory Authority: Chapters 43.63A and 18.160 RCW. WSR 94-24-032, § 212-80-065, filed 12/1/94, effective 1/1/95
• WSR 92-20-070 (Order 92-08), § 212-80-065, filed 10/5/92, effective 11/5/92
• WSR 91-14-086 (Order 91-06), § 212-80-065, filed 7/1/91, effective 8/1/91.

Wash. Admin. Code § 212-80-210 Imposing citations and civil penalties.

(1) The director may impose civil penalties or fines to any licensed contractor for their actions and/or their employees/certificate of competency holder that violates any provision of chapter 18.160 RCW, or this chapter. The director may impose the civil penalties and/or fines listed herein to any unlicensed contractor who operates in the state of Washington as a licensed fire protection sprinkler system contractor and/or employees of same acting as a certificate of competency holder. The director will record all violations.

(2) The director may issue a citation when an investigation verifies that the fire protection sprinkler system contractor or certificate of competency holder was not in compliance with or otherwise in violation of chapter 18.160 RCW, or this chapter.

(3) A violation is an action by a person or company who engages in the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such a system, and fails to comply with chapter 18.160 RCW, or this chapter.

(4) The director must take action on a license or certificate within five years after the violation is reported to the director.

History

• Statutory Authority: RCW 18.160.030. WSR 24-08-004, § 212-80-210, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-210, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-210, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-210, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-210, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-215 Citations and penalties.

(1) The director may at his or her discretion issue either a monetary penalty and/or take an action against a license or certificate depending on the severity of the violation(s) evidenced in the investigation. Each violation is classified and penalties assessed according to the violation type as provided by the chart below:

(2) If a licensed contractor or certificate of competency holder has incurred multiple findings of the same violation over a period of time, the director may classify the licensed contractor or certificate of competency holder as a habitual offender and issue either an increased monetary penalty or the action against the license or certificate depending on the severity of the violation(s) evidenced in multiple investigations as provided by the chart below:

(3) Any fire protection sprinkler system contractor found to engage in the sprinkler trade using individuals not certified as a certificate of competency holder consistent with RCW 18.160.040 or this rule shall be assessed additional penalties based upon severity as follows:

(4) Level 1 violations include, but are not limited to:

(a) Failing to inform the director of the loss of their primary certificate of competency holder, as required by RCW 18.160.040.

(b) Failing to have the certificate of competency holder stamp plans, calculations, and/or test certificates.

(c) Allowing an employee to certify, install, inspect, maintain, and/or service water-based fire sprinkler systems or equipment contrary to NFPA codes, standards, or manufacturers' specifications without specific written permission from the location authority having jurisdiction.

(d) Working without a permit, or permission to do so, by the local authority having jurisdiction.

(5) Level 2 violations include, but are not limited to:

(a) Performing work on a sprinkler system where the employee's certificate of competency holder under RCW 18.160.040 does not have a current or valid license.

(b) Working without the appropriate level of license or certificate of competency.

(c) Permitting his or her license to be used in connection with the preparation of any technical drawings that have not been prepared by him or her personally, or under their direct supervision.

(d) Working with an expired license or permit (more than 90 days).

(6) Level 3 violations include, but are not limited to:

(a) Demonstrating gross incompetency or gross negligence in the preparation of technical drawings, the installation, inspection, testing, maintenance, repair, alteration, service, and/or addition to a fire sprinkler system.

(b) Allowing an employee to demonstrate gross incompetency or gross negligence in the installation, inspection, testing, maintenance, repair, alteration, service and/or addition to a fire sprinkler system.

(c) Charging a customer for fire sprinkler work not performed.

(d) Offering to contract for fire sprinkler work without a certificate of competency holder, as described in RCW 18.160.040.

(e) Allowing an employee to falsify any fire sprinkler tags, labels, or inspection reports.

(f) Working without a certified full-time certificate of competency holder on staff, or, in the case of an inspection and testing contractor, allowing any employee not certified by the chief of the Washington state patrol, through the director of fire protection, as an inspection and testing technician.

(g) Falsifying an application or document submitted to the chief of the Washington state patrol, through the director of fire protection, to obtain a sprinkler contractor license or certificate of competency.

(h) Committing three or more level II offenses within a three year period either as a company, through an employee of the company, through an employee acting as a certificate of competency holder for the company, and/or any combination thereof.

(i) Permitting his or her license to be used in connection with the stamping of any test certificates for work performed by someone other than his or her full-time employees.

(7) Civil penalties shall be resolved through the following:

(a) Pay the penalty by returning the notice and payment to the director at State Fire Marshal's Office, P.O. Box 42642, Olympia, WA 98504-2642 within 30 days from the date the penalty was issued. Payments must be made by check or money order payable to the Washington state patrol.

(b) Request an informal conference as outlined in WAC 212-80-235.

(c) Request a formal hearing as outlined in WAC 212-80-205 or 212-80-240.

History

• Statutory Authority: RCW 18.160.030. WSR 24-08-004, § 212-80-215, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-215, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-215, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-215, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-215, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-235 Informal conference.

(1) The director will provide an opportunity for any person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing. However, it will not exceed nor extend the thirty-day timeline allotted for the request of a formal hearing - Regardless of the outcome.

(3) The request for an informal hearing may be in any form and:

(a) Must be addressed to the mitigation officer;

(b) Be received by the director no more than thirty days from the issue date of the civil penalty; and

(c) Clearly state the subject to be discussed.

(4) Depending on the availability and time constraints of the person making the request and the hearings officer, the informal conference may be a personal meeting or conference call depending on the availability of the parties and the available technology.

(5) The director may for good cause choose to amend, withdraw, or reduce the civil penalty as a result of an informal conference.

History

• Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-235, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-235, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-240 Formal hearing.

(1) Any person may request a formal hearing to appeal a civil penalty issued under this chapter at any time before or after the request of an informal conference, as long as the thirty day period from the date of issue listed on the citation has not elapsed. If requesting a formal hearing by mail, the request must be post marked by midnight on the day the request is due.

(2) The director will arrange for a hearings officer to conduct the formal hearing and will notify by letter the person requesting the hearing (or their designated representative) of the date, time, location, and hearings officer conducting the formal hearing.

(3) The hearings officer will hear the case and, within ninety days of the hearing, render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapters 34.05 RCW and 10.08 WAC.

(4) The formal hearing will be conducted as follows:

(a) The hearings officer will act as an impartial third party.

(b) It is not necessary for the person who requested the hearing to be represented by legal counsel.

(c) An official record will be made through a scribe.

(d) Testimony will be taken under oath.

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.

(f) Hearsay evidence is admissible if it meets the statutory standards for being reliable and trustworthy.

(g) A proposed opinion and order will be provided.

(5) The proposed opinion and order shall be reviewed by the director and if accepted be finalized and issued as a final order.

History

• Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-240, filed 1/7/14, effective 2/7/14. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-240, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-245 Penalty adjustments.

(1) The assessment of adjustment of penalties for amounts other than those set by chapter 18.160 RCW will be done only by the director through a hearings process either formally or informally.

(2) The assessment of penalties for not being in conformance with chapter 18.160 RCW, or this chapter may be made only after considering:

(a) The gravity and magnitude of the violation.

(b) The person's previous record.

(c) Such other considerations as the director may consider appropriate.

(d) The uniformity and consistency in the application of violations or penalties statewide.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-245, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-245, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-245, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-245, filed 2/4/05, effective 3/7/05.

Wash. Admin. Code § 212-80-250 Payment of civil penalty.

(1) The penalty must be paid to the director within 30 days after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) A request can be made through an informal or formal conference to make installment payments on a civil penalty. If the mitigation officer authorizes installment payments during an informal or formal hearing, the payment plan will be developed and agreed upon at the hearing. Failure to comply with the payment plan will void the payment plan and the remaining balance must be paid by the next business day.

(3) If the licensed contractor or certificate of competency holder fails to pay the full penalty or comply with the payment plan as provided by subsection (2) of this section:

(a) The license or certificate of competency will be revoked for the remainder of the current license or certificate year and will not be reinstated or renewed until the penalty is paid in full.

(b) The attorney general may bring an action in the name of the director in the superior court of Thurston County or of any county in which the violator may do business to collect any penalty imposed under chapter 18.160 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-80-250, filed 10/31/22, effective 1/1/23. Statutory Authority: RCW 18.270.900 and 18.160.030. WSR 14-03-019, § 212-80-250, filed 1/7/14, effective 2/7/14. Statutory Authority: RCW 18.270.900. WSR 09-01-114, § 212-80-250, filed 12/19/08, effective 1/19/09. Statutory Authority: Chapters 43.43 and 18.160 RCW. WSR 05-05-006, § 212-80-250, filed 2/4/05, effective 3/7/05.

Chapter 212-90 Fire protection sprinkler fitting.

Wash. Admin. Code § 212-90-001 Purpose.

The purpose of this chapter is to adopt rules to a single statewide standard of performance and compliance for the issuance of certificates to sprinkler fitters, and the issuance of civil fines for violations of any provision of chapter 18.270 RCW or any provision of this chapter.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-001, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-005 Applicability.

This chapter applies to any person performing as a fire protection sprinkler system contractor or certificate holder as defined in chapter 18.270 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-005, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-010 Definitions.

The following definitions will apply throughout this chapter:

(1) "Authority having jurisdiction (AHJ)" means the organization, office, or individual responsible for issuing permits, approving layout drawings, enforcing the requirements of a code or standard or approving materials, an installation, or a procedure. Usually, the AHJ is the building or fire official of the city or county in which the job site is located. In certain cases, such as health care facilities, transient accommodations, and day care facilities, the AHJ is the city or county building or fire official and the director.

(2) "Certificate" means a certificate granted by the director under chapter 18.270 RCW, and is valid within the state and all political subdivisions, and meets all of the requirements for certification that may be applied by the political subdivision.

(3) "Citation" means written notification issued by the director pursuant to RCW 18.270.020 of a civil penalty for a violation of any provision of chapter 18.270 RCW or this chapter. A citation may include, but is not limited to, a description of the violation(s) and a notice of civil penalty assessment.

(4) "Contractor" means any person that submits a bid or offers to contract for the design, installation, inspection, testing, maintenance, or repair of a fire protection sprinkler system or any part of such system under chapter 18.160 RCW.

(5) "Direct supervision" means the person providing direction, oversight, inspection, and observation of the work performed on the installation, maintenance, alteration, or repair of a fire protection sprinkler system. Supervision requirements are met when the supervisor is on the premises for the duration of the working day.

(6) "Director" means the chief of the Washington state patrol through the director of fire protection or his or her designee.

(7) "Fire protection sprinkler system" means an assembly of underground or overhead piping beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire or other products of combustion.

(8) "Formal hearing" means a hearing before a hearings officer where laws, rules, and evidence are presented, considered, and a decision is rendered.

(9) "Hazard" means a condition which could result in injury or death to a person or damage to property.

(10) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(11) "Licensed contractor" means a contractor issued a license to perform fire protection sprinkler system work by the director pursuant to WAC 212-90-053.

(12) "Maintenance" means work performed to keep the equipment operable in water-based fire protection systems.

(13) "Mitigation or hearing officer" is the state fire marshal or his or her designee who will preside over an informal, mitigation conference to discuss a civil penalty that has been assessed against a person for a violation of this chapter.

(14) "NFPA" means the National Fire Protection Association. The following national standards adopted by the NFPA apply to fire sprinkler suppression systems:

(a) "NFPA 13D" means, in addition to the definition contained in chapter 18.160 RCW, the inclusion of minor accessory uses such as garages normally found in residential occupancies.

(b) "NFPA 13R" means the installation and design of fire suppression sprinkler systems in residential occupancies up to and including four stories in height in buildings not exceeding 60 ft (18 m) in height above grade plane.

(c) "NFPA 13" means the installation and design of fire suppression sprinkler systems in commercial or high occupancy facilities.

(d) "NFPA 14" means the installation of standpipe and hose systems.

(e) "NFPA 15" means the standard for water spray fixed systems.

(f) "NFPA 16" means the standard for the installation of foam-water sprinkler and foam-water spray systems.

(g) "NFPA 20" means the selection and installation of pumps, both centrifugal and positive displacement, that supply liquid for a private fire protection system.

(h) "NFPA 24" means the installation of the dedicated underground fire service main of a water-based fire protection system.

(i) "NFPA 25" means the inspection, testing, and maintenance of water-based fire protection systems.

(15) Multipurpose piping sprinkler system: A piping system intended to serve both domestic needs in excess of a single fixture and fire protection needs from one common piping system throughout the dwelling unit(s).

(16) Network sprinkler system: A type of multipurpose system utilizing a common piping system supplying domestic fixtures and fire sprinklers where each sprinkler is supplied by a minimum of three separate paths.

(17) Passive purge system: A type of sprinkler system that serves a single toilet in addition to the fire sprinklers.

(18) Stand-alone sprinkler system: A sprinkler system where the above ground piping serves only fire sprinklers.

(19) Antifreeze sprinkler system: A wet pipe system using automatic sprinklers that contains a liquid solution to prevent freezing of the system, and is intended to discharge the solution upon sprinkler operation, followed immediately by water from a water supply.

(20) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of individuals and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(21) "Qualified" means an individual who has demonstrated through education, training, examination, or national certifications the competency, skill, and ability necessary to perform any work covered or defined by chapter 18.270 RCW to the satisfaction of a relevant jurisdiction. In matters of compliance with the licensing and certification requirements of this chapter and chapter 18.270 RCW, the relevant jurisdiction shall be the director.

(22) "Repair" means to restore by replacing a part of or putting together what is deficient or broken on the fire protection sprinkler system.

(23) "Revoke" means the director will rescind a company's license or an individual's certificate. This action causes the company or individual to cease any work in the fire protection sprinkler system field in Washington state.

(24) "Suspend" means the director holds a company's license or individual's certificate inactive until such time as the director determines that the company or individual is in compliance with the requirements of this chapter and chapter 18.270 RCW.

(25) "Trainee" means a person who:

(a) Has been issued a training certificate by the director; and

(b) Is learning the fire protection sprinkler fitting trade under the supervision of a journey-level sprinkler fitter or residential sprinkler fitter working in his or her specialty.

(26) "Violation" means any action, general or specific, inconsistent with the intent and letter of chapter 18.270 RCW and shall be further defined as:

(a) "Level 1 violation" means a violation which poses a minimal hazard or threat to life and property in the event of a fire.

(b) "Level 2 violation" means a violation which poses a significant hazard or threat to life or property in the event of a fire.

(c) "Level 3 violation" means a violation which poses a substantial hazard or threat to life or property in the event of a fire.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-010, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-015 Compliance.

All fire protection sprinkler system contractors, fitter certificate holders, or trainees, who install, alter, or repair, fire protection sprinkler systems or any part of such a system will comply with the provisions of this chapter.

Exceptions:

(1) A person issued a certificate of competency by the Washington state department of labor and industries, under chapter 18.106 RCW, as a journey-level or residential specialty plumber or supervised plumber trainee installing a residential network fire protection sprinkler system connected to potable water who works for a contractor as defined by WAC 212-90-010(4) of this chapter.

(2) A person who inspects, field tests, maintains, or repairs backflow prevention assemblies installed on potable water supplies to fire sprinkler systems and who is certified as a:

(a) Backflow assembly tester by the Washington state department of health, under chapters 70A.120 RCW and 246-292 WAC; or

(b) Backflow specialty plumber by the Washington state department of labor and industries, under chapters 18.106 RCW and 296-400A WAC, when repairing backflow prevention assemblies within a building.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-015, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-018 Certification requirements.

Sprinkler fitter certifications - The following levels will apply to sprinkler fitter certifications issued by the director:

(1) Journey-level sprinkler fitter certification - Installs, dismantles, alters, maintains, repairs, and corrects all types of sprinkler, standpipe, hose, or other hazard systems for fire protection purposes that are an assembly of piping, conduit, tubing, or hose regardless of the material composition beginning at the connection to the primary water supply. Also includes sprinkler tank heater, air lines tanks, pumps, equipment, appurtenances and all other related components attached thereto inside.

(2) Residential-level sprinkler fitter certification - Limited to installation, maintenance, and repair of the fire protection sprinkler system of residential occupancies as defined by NFPA 13D and NFPA 13R. A residential level sprinkler fitter certification may also perform installation and repair of NFPA 13 fire protection sprinkler systems and components while under the direct supervision of a certified journey-level sprinkler fitter.

(3) Trainee-level sprinkler fitter certification - Limited to performing sprinkler fitter work under the direct supervision of a sprinkler fitter certified to perform the type of work the trainee-level sprinkler fitter is performing.

Chart 1: Sprinkler Fitter Certifications

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-018, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-038 Municipality, county, or state regulations.

(1) Licensed contractors and certificate holders must comply with the authority having jurisdiction's requirements to obtain permits or permission before the installation, repair, alteration, or addition of a fire protection sprinkler system. Failure to comply with this section constitutes a Level 2 violation.

(2) The licensed contractor or certificate holder must verify whether a permit or permission is required from the authority having jurisdiction before installing, repairing, altering, adding, or removing any fire protection sprinkler system.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-038, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-093 Fitter certificate holder certification.

(1) All applications must be made on the forms provided by the director and include the required fees provided by WAC 212-90-098 and documentation for the required level of experience as provided by this section.

(a) For journey-level sprinkler fitter certification, the applicant must:

(i) Provide evidence on the forms provided by the director of at least 8,000 hours of trade related fire protection sprinkler system experience in installation, alteration, and repair;

(ii) Not have more than 3,000 hours of the required 8,000 hours of experience in residential sprinkler fitting; and

(iii) Satisfactorily pass an examination provided by the director with a final score of 80 percent.

(b) For residential level sprinkler fitter certification, the applicant must:

(i) Provide evidence on the forms provided by the director, of at least 4,000 hours of trade related fire protection sprinkler system experience in installation, repair, and maintenance;

(ii) Satisfactorily pass an examination provided by the director with a final score of 80 percent; and

(iii) Be considered and acts as a trainee level fitter certification when working on journey level work.

(c) For trainee level sprinkler fitter certification, the applicant must:

(i) Provide evidence to the director, on the forms provided by the director, of trade related employment by a licensed contractor;

(ii) Remain employed by a licensed contractor to maintain trainee status; and

(iii) Only engage in the fire protection sprinkler system trade when under the supervision of a certified journey level or residential installer.

(A) All trainee level fitters must be supervised under the proper ratio prescribed by law of:

(I) Residential level work: A residential or journey level fitter can supervise not more than two trainee level fitters at any one time.

(II) Journey level work: A journey level fitter can supervise not more than one residential or trainee level fitter at any one time.

(B) Any sprinkler contractor, certificate holder, company, or individual found in operation without proper supervision will constitute a Level 1 violation.

(2) All information submitted by an applicant to the director to apply for a certificate must be true and accurate. If the director finds that information or documents submitted by an applicant is false, misleading, or has been altered in an effort to meet the requirements provided by this chapter, the finding will constitute a Level 3 violation.

(3) A violation of this section that involves a contractor allowing an employee to engage in performing fire protection sprinkler fitting work:

(a) By engaging in the trade of fire sprinkler fitting without having a valid sprinkler fitter certificate of competency issued for the work being conducted is a Level 3 violation.

(b) By a trainee sprinkler fitter engaging in the trade of fire sprinkler fitting without the direct supervision of a certified residential or journey sprinkler fitter is a Level 3 violation.

(c) As a trainee without a trainee certificate but with the direct supervision of a certified residential or journey sprinkler fitter is a Level 1 violation.

(d) Any individual using a certification and/or certification number not issued to them by the director.

History

• Statutory Authority: Chapter 18.270 RCW. WSR 24-08-005, § 212-90-093, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-093, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-098 Fees for certificate holder.

There are three separate fees that may apply:

(1) Application fee is $100 only charged once when a person makes the initial application for any of the certificates specified in this section. As long as the certificate holder maintains continuous certification, the certificate holder is not required to pay a subsequent application fee. Application fees are nonrefundable.

(2) Biennial certification fee is $200 paid each odd calendar year the certificate holder applies for certification renewal. The bi-annual renewal fee:

(a) Is in addition to the initial application fee paid for the initial application;

(b) Is nonrefundable once the certificate has been issued;

(c) Trainee sprinkler fitter certifications are exempt from the biennial certification fee.

(3) Examination fee is $150, charged per examination, including retests. Examination fees are nonrefundable.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-098, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-108 Certificate not transferable.

A certificate issued under this regulation is not transferable to another person.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-108, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-113 Certificate holder employment.

If the certificate holder should leave the employment of the licensed contractor, he or she will notify the director within 30 days of his or her last day of employment. Failure to do so constitutes a Level 1 violation.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-113, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-118 Certificate renewals.

(1) Certificates for journey, residential, and trainee fitters must be renewed by January 1st of every odd-numbered year. A sprinkler fitter certificate holder will be provided a renewal form by the director to renew the certificate.

For trainees, the certificate will not be renewed if the trainee is not currently employed by a licensed contractor.

(2) Failure of any fitter certificate holder to renew his or her certificate by the expiration date will constitute a break in certification.

(a) For residential and journey level fitters expired less than two consecutive calendar years, the certificate holder may reinstate by submitting a reinstatement application provided by the director, passing a certification exam, and pay all applicable fees.

(b) For residential and journey level fitters expired two or more calendar years, the certificate holder must submit a new application with evidence of qualification, pass a certification exam, and pay all applicable fees.

(c) For trainee level fitters expired for any period of time the certificate holder must complete the initial application form and pay the applicable fees.

(d) Those who were qualified under the grandfathering process must complete the applicable initial application process meeting the current requirements.

(3) The director will not renew a certificate if the certificate is in a revoked or suspended status.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-118, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-165 Fitter certificate holder requirements and limitations.

(1) The director issues a wallet card to a person issued a sprinkler fitter certificate. The card will be kept by the sprinkler fitter certificate holder. The certificate holder must make the card available for review at any time.

(2) The wallet card must either be on the certificate holder (wallet, lanyard, article of clothing, etc.,) or readily accessible.

(3) Failure to comply with this section constitutes a Level 1 violation.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-165, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-205 Suspension or revocation of certificates.

(1) The director may refuse to issue or renew or may suspend or revoke the privilege of a certificate holder to engage in the fire protection sprinkler system business. The director may establish penalties against a person or company who violates any provision of chapter 18.270 RCW or any provision of this chapter while he or she is engaged in the trade of sprinkler fitting.

(2) The licensed contractor or certificate holder will be notified in writing of the action.

(3) The director may deny, suspend, or revoke a certificate under the following process:

(a) The director must give the licensed contractor or certificate holder notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW before the denial, suspension, or revocation of the certificate.

(b) Upon receiving notice of the denial, suspension, or revocation action, the licensed contractor or certificate holder may, within 30 days from the date of the notice of action, request in writing to the director a hearing on the denial, suspension, or revocation of the certificate. An adjudicative proceeding will be commenced within 90 days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.

(c) Upon receiving a hearing request, the director may, at the request of the licensed contractor or certificate holder, or on his or her own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in Thurston County at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as outlined in chapter 34.05 RCW.

(d) The director may, without prior notification to the licensed contractor or certificate holder, deny, suspend, or revoke a certificate if the director finds that there is a danger to the public health, safety, or welfare that requires immediate action. In every summary suspension of a certificate, an order signed by the director or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instated and determined. The director must give notice as is practicable to the licensed contractor or certificate holder.

(4) The following penalties are associated with performing fire protection sprinkler system fitter work while a certificate is denied, suspended, or revoked:

(a) Any person engaged in the trade of sprinkler fitting while his or her certificate is denied, suspended, or revoked, will be issued a Level 3 violation.

(b) Any licensed or unlicensed fire protection sprinkler system contractor that allows an employee or trainee to engage in the trade of sprinkler fitting while his or her license or certificate has been denied, suspended, or revoked, will be issued a Level 3 violation.

History

• Statutory Authority: Chapter 18.270 RCW. WSR 24-08-005, § 212-90-205, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-205, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-210 Imposing citations and civil penalties.

(1) The director may impose civil penalties or fines to any licensed contractor, certificate holder, or individual that violates any provision of chapter 18.270 RCW, or this chapter. The director may impose the civil penalties or fines listed herein to any uncertified person who operates in the state of Washington as certificate holder. The director will record all violations.

(2) A violation is an action by a person who engages in the installation, maintenance, alteration, or repair of a fire protection sprinkler system or any part of such a system, and fails to comply with chapter 18.270 RCW, or this chapter.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-210, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-215 Citations and penalties.

(1) The director may at his or her discretion issue either a monetary penalty and/or take an action against a certificate depending on the severity of the violation(s) evidenced in the investigation. Each violation is classified and penalties assessed according to the violation type as provided by the chart below:

(2) If a licensed contractor or certificate holder has incurred multiple findings of the same violation over a period of time, the director may classify the licensed contractor or certificate holder as a habitual offender and issue either an increased monetary penalty or the action against the license or certificate depending on the severity of the violation(s) evidenced in multiple investigations as provided by the chart below:

(3) Civil penalties shall be resolved through the following:

(a) Pay the penalty by returning the notice and payment to the director at State Fire Marshal's Office, P.O. Box 42642, Olympia, WA 98504-2642 within 30 days from the date the penalty was issued. Payments must be made by check or money order payable to the Washington state patrol.

(b) Request an informal conference as outlined in WAC 212-90-235.

(c) Request a formal hearing as outlined in WAC 212-90-205 or 212-90-240.

History

• Statutory Authority: Chapter 18.270 RCW. WSR 24-08-005, § 212-90-215, filed 3/21/24, effective 4/21/24. Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-215, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-235 Informal conference.

(1) The director will provide an opportunity for any person to informally discuss a civil penalty that has been assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing. However, it will not exceed nor extend the 30-day timeline allotted for the request of a formal hearing - Regardless of the outcome.

(3) The request for an informal hearing may be in any form and:

(a) Must be addressed to the mitigation officer;

(b) Be received by the director no more than 30 days from the issue date of the civil penalty; and

(c) Clearly state the subject to be discussed.

(4) Depending on the availability and time constraints of the person making the request and the hearings officer, the informal conference may be a personal meeting or conference call depending on the availability of the parties and the available technology.

(5) The director may, for good cause, choose to amend, withdraw, or reduce the civil penalty as a result of an informal conference.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-235, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-240 Formal hearing.

(1) Any person may request a formal hearing to appeal a civil penalty issued under this chapter at any time before or after the request of an informal conference, as long as the 30-day period from the date of issue listed on the citation has not elapsed. If requesting a formal hearing by mail, the request must be post marked by midnight on the day the request is due.

(2) The director will arrange for a hearings officer to conduct the formal hearing and will notify by letter the person requesting the hearing (or their designated representative) of the date, time, location, and hearings officer conducting the formal hearing.

(3) The hearings officer will hear the case and, within 90 days of the hearing, render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapters 34.05 RCW and 10-08 WAC.

(4) The formal hearing will be conducted as follows:

(a) The hearings officer will act as an impartial third party.

(b) It is not necessary for the person who requested the hearing to be represented by legal counsel.

(c) An official record will be made through a scribe.

(d) Testimony will be taken under oath.

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.

(f) Hearsay evidence is admissible if it meets the statutory standards for being reliable and trustworthy.

(g) A proposed opinion and order will be provided.

(5) The proposed opinion and order shall be reviewed by the director and, if accepted, be finalized and issued as a final order.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-240, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-245 Penalty adjustments.

(1) The assessment of adjustment of penalties for amounts other than those set by chapter 18.270 RCW will be done only by the director through a hearings process either formally or informally.

(2) The assessment of penalties for not being in conformance with chapter 18.270 RCW, or this chapter may be made only after considering:

(a) The gravity and magnitude of the violation.

(b) The person's previous record.

(c) Such other considerations as the director may consider appropriate.

(d) The uniformity and consistency in the application of violations or penalties statewide.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-245, filed 10/31/22, effective 1/1/23.

Wash. Admin. Code § 212-90-250 Payment of civil penalty.

(1) The penalty must be paid to the director within 30 days after an order assessing a civil penalty becomes final by operation of law or on an appeal.

(2) A request can be made through an informal or formal conference to make installment payments on a civil penalty. If the mitigation officer authorizes installment payments during an informal or formal hearing, the payment plan will be developed and agreed upon at the hearing. Failure to comply with the payment plan will void the payment plan and the remaining balance must be paid by the next business day.

(3) If the licensed contractor or certificate holder fails to pay the full penalty or comply with the payment plan as provided by subsection (2) of this section:

(a) The license or certificate of competency will be revoked for the remainder of the current license or certificate year and will not be reinstated or renewed until the penalty is paid in full.

(b) The attorney general may bring an action in the name of the director in the superior court of Thurston County or of any county in which the violator may do business to collect any penalty imposed under chapter 18.270 RCW.

History

• Statutory Authority: Chapters 18.160 and 18.270 RCW. WSR 22-22-072, § 212-90-250, filed 10/31/22, effective 1/1/23.