(1) The director may at his or her discretion issue either a monetary penalty 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:
Violation Level | Monetary Penalty Issued | Action Taken Against License and/or Certificate |
1 | Warning to $500 | License: No action |
Certificate: No action |
2 | $500 to $1,000 | License: Suspended immediately for remainder of the license year or 30 calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or 30 calendar days, whichever is longer. |
Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate of competency holder has a new employer. |
3 | $1,000 to $5,000 | License: Suspended immediately for remainder of the license year or 90 calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or 90 calendar days, whichever is longer. |
Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate of competency holder has a new employer. |
(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:
Violation Level | Monetary Penalty Issued | Violation Level and Action Taken Against License and/or Certificate |
1 | $1,000 | Evidence of three or more Level 1 violations without compliance over a period of two calendar years constitutes an increase to a Level 2 violation. |
2 | $2,500 per violation | Evidence of three or more Level 2 violations without compliance over a period of two calendar years constitutes an increase to a Level 3 violation. License: Suspended immediately for remainder of the license year or 60 calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or 60 calendar days, whichever is longer. Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate of competency holder has a new employer. |
3 | $5,000 per violation | Evidence of two or more violations without compliance over a period of three calendar years constitutes an increase to a Level 3 violation. License: Suspended immediately for remainder of the license year or 180 calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or 180 calendar days, whichever is longer. Certificate: If individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate of competency holder has a new employer. |
(3) 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.
(4) 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).
(5) 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.
(6) 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.
[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.]
