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ENGROSSED HOUSE BILL NO. 787
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C 191 L 85
State of Washington 49th Legislature 1985 Regular Session
By Representatives Tilly, Wang, Betrozoff, Crane, J. Williams and Bond
Read first time 2/8/85 and referred to Committee on Commerce & Labor.
AN ACT Relating to explosives; amending RCW 70.74.191; and adding a new section to chapter 70.74 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.74 RCW to read as follows:
It is the purpose of this 1985 act to protect the public by enabling ski area operators to exercise appropriate avalanche control measures. The legislature finds that avalanche control is of vital importance to safety in ski areas and that the provisions of the Washington state explosives act contain restrictions which do not reflect special needs for the use of explosives as a means of clearing an area of serious avalanche risks. This 1985 act recognizes these needs while providing for a system of regulations designed to ensure that the use of explosives for avalanche control conforms to fundamental safety requirements.
Sec. 2. Section 5, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.191 are each amended to read as follows:
The laws contained in this chapter and the ensuing regulations prescribed by the department of labor and industries shall not apply to:
(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the Washington state utilities and transportation commission and the Washington state patrol;
(2) The laboratories of schools, colleges and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official United States Pharmacopoeia;
(4) The transportation, storage and use of explosives or blasting agents in the normal and emergency operations of federal agencies and departments including the regular United States military departments on military reservations, or the duly authorized militia of any state or territory, or to emergency operations of any state department or agency, any police, or any municipality or county;
(5) The sale and use of fireworks, signaling devices, flares, fuses, and torpedoes;
(6) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries; and
(7) Any violation under this chapter if any existing ordinance of any city, municipality or county is more stringent than this chapter.