Current through Register Vol. 22-07, April 1, 2022
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 FIREMAR SH@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.
| Note: |
This appeal process is not applicable to
the Life Safety Code inspections. |
