S-4453               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6530

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Halsan, Nelson and Garrett; by request of Department of Labor and Industries)

Read first time 2/1/88.

AN ACT Relating to procedures for explosives licensing; amending RCW 70.74.030, 70.74.061, 70.74.110, 70.74.130, 70.74.135, 70.74.137, 70.74.140, and 70.74.142; adding new sections to chapter 70.74 RCW; and repealing RCW 70.74.220 and 70.74.290.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 5, chapter 111, Laws of 1931 as last amended by section 7, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.030 are each amended to read as follows:

          All explosive manufacturing buildings and magazines in which explosives or blasting agents except small arms ammunition and smokeless powder are had, kept, or stored, must be located at distances from inhabited buildings, railroads, highways, and public utility transmission systems in conformity with the ((following quantity and distance tables, and these tables shall be the basis on which applications for license for storage shall be made and license for storage issued, as provided in RCW 70.74.110 and 70.74.120.  All distances prescribed in the following quantity and distance tables are unbarricaded, and, if there is an efficient artificial barricade or a natural barricade between the explosives manufacturing building or magazine and another explosives manufacturing building or magazine, building, railroad, highway, or public utility transmission system, the distance prescribed in the following quantity and distance tables may be reduced by one-half.  Blasting and electric blasting caps in strength through No. 8 must be rated as one and one-half pounds of explosives per one thousand caps.  Blasting and electric blasting caps of strength higher than No. 8 must be computed on the combined weight of explosives.

          The quantity and distance table governing the manufacture, keeping and storage of explosives to be as follows:

QUANTITY AND DISTANCE TABLE

@p1!tm2,1,1,1 !tj3!tcColumn!sc ,0014

!tj3!tcDistance

!tj1!tcColumn !tj1!tcfrom

!tj1!tc2 !tcColumn !tcNearest

!tcColumn!sc ,0011 !tcDistance !tc3 !tcHighway

!tcQuantity!sc ,001that !tcfrom !tcDistance !tcand!sc ,001Public

!tcmay!sc ,001be!sc ,001had, !tcNearest!tcFrom !tcUtility

!tckept!sc ,001or!sc ,001stored !tcInhabited !tcNearest !tcTransmission

!tj1!tcBuilding !tcRailroad !tcSystem

!tcEXPLOSIVES

!tp2,3,3,3,3,1 !trPounds !trPounds

!trOver !trNot!sc ,001Over !trFeet !trFeet !trFeet

!w 

!tr2 !tr5 !tr140 !tr60 !tr60

!tr5 !tr10 !tr180 !tr70 !tr70

!tr10 !tr20 !tr220 !tr90 !tr90

!tr20 !tr30 !tr250 !tr100 !tr100

!tr30 !tr40 !tr280 !tr110 !tr110

!tr40 !tr50 !tr300 !tr120 !tr120

!tr50 !tr75 !tr340 !tr140 !tr140

!tr75 !tr100 !tr380 !tr150 !tr150

!tr100 !tr125 !tr400 !tr160 !tr160

!tr125 !tr150 !tr430 !tr170 !tr170

!tr150 !tr200 !tr470 !tr190 !tr190

!tr200 !tr250 !tr510 !tr210 !tr210

!tr250 !tr300 !tr540 !tr220 !tr220

!tr300 !tr400 !tr590 !tr240 !tr240

!tr400 !tr500 !tr640 !tr260 !tr260

!tr500 !tr600 !tr680 !tr270 !tr270

!tr600 !tr700 !tr710 !tr290 !tr290

!tr700 !tr800 !tr750 !tr300 !tr300

!tr800 !tr900 !tr780 !tr310 !tr310

!tr900 !tr1,000 !tr800 !tr320 !tr320

!tr1,000 !tr1,200 !tr850 !tr340 !tr330

!tr1,200 !tr1,400 !tr900 !tr360 !tr340

!tr1,400 !tr1,600 !tr940 !tr380 !tr350

!tr1,600 !tr1,800 !tr980 !tr390 !tr360

!tr1,800 !tr2,000 !tr1,010 !tr410 !tr370

!tr2,000 !tr2,500 !tr1,090 !tr440 !tr380

!tr2,500 !tr3,000 !tr1,160 !tr470 !tr390

!tr3,000 !tr4,000 !tr1,270 !tr510 !tr420

!tr4,000 !tr5,000 !tr1,370 !tr550 !tr450

!tr5,000 !tr6,000 !tr1,460 !tr590 !tr470

!tr6,000 !tr7,000 !tr1,540 !tr620 !tr490

!tr7,000 !tr8,000 !tr1,600 !tr640 !tr500

!tr8,000 !tr9,000 !tr1,670 !tr670 !tr510

!tr9,000 !tr10,000 !tr1,730 !tr690 !tr520

!tr10,000 !tr12,000 !tr1,750 !tr740 !tr540

!tr12,000 !tr14,000 !tr1,770 !tr780 !tr550

!tr14,000 !tr16,000 !tr1,800 !tr810 !tr560

!tr16,000 !tr18,000 !tr1,880 !tr840 !tr570

!tr18,000 !tr20,000 !tr1,950 !tr870 !tr580

!tr20,000 !tr25,000 !tr2,110 !tr940 !tr630

!tr25,000 !tr30,000 !tr2,260 !tr1,000 !tr680

!tr30,000 !tr35,000 !tr2,410 !tr1,050 !tr720

!tr35,000 !tr40,000 !tr2,550 !tr1,100 !tr760

!tr40,000 !tr45,000 !tr2,680 !tr1,140 !tr800

!tr45,000 !tr50,000 !tr2,800 !tr1,180 !tr840

!tr50,000 !tr55,000 !tr2,920 !tr1,220 !tr880

!tr55,000 !tr60,000 !tr3,030 !tr1,260 !tr910

!tr60,000 !tr65,000 !tr3,130 !tr1,290 !tr940

!tr65,000 !tr70,000 !tr3,220 !tr1,320 !tr970

!tr70,000 !tr75,000 !tr3,310 !tr1,350 !tr1,000

!tr75,000 !tr80,000 !tr3,390 !tr1,380 !tr1,020

!tr80,000 !tr85,000 !tr3,460 !tr1,410 !tr1,040

!tr85,000 !tr90,000 !tr3,520 !tr1,440 !tr1,060

!tr90,000 !tr95,000 !tr3,580 !tr1,460 !tr1,080

!tr95,000 !tr100,000 !tr3,630 !tr1,490 !tr1,090

!tr100,000 !tr110,000 !tr3,670 !tr1,540 !tr1,100

!tr110,000 !tr120,000 !tr3,710 !tr1,580 !tr1,110

!tr120,000 !tr130,000 !tr3,750 !tr1,620 !tr1,120

!tr130,000 !tr140,000 !tr3,780 !tr1,670 !tr1,130

!tr140,000 !tr150,000 !tr3,800 !tr1,700 !tr1,140

!tr150,000 !tr160,000 !tr3,870 !tr1,740 !tr1,160

!tr160,000 !tr170,000 !tr3,930 !tr1,780 !tr1,180

!tr170,000 !tr180,000 !tr3,980 !tr1,810 !tr1,200

!tr180,000 !tr190,000 !tr4,020 !tr1,840 !tr1,210

!tr190,000 !tr200,000 !tr4,060 !tr1,870 !tr1,220

!tr200,000 !tr210,000 !tr4,110 !tr1,910 !tr1,240

!tr210,000 !tr230,000 !tr4,200 !tr1,960 !tr1,270

!tr230,000 !tr250,000 !tr4,310 !tr2,020 !tr1,300

!tr250,000 !tr275,000 !tr4,430 !tr2,080 !tr1,340

!tr275,000 !tr300,000 !tr4,550 !tr2,150 !tr1,380))

@h3!te@p0 quantity and distance tables adopted by the department of labor and industries by rule.  The department of labor and industries shall adopt the quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate.  The tables shall be the basis on which applications for storage license are made and storage licenses issued as provided in RCW 70.74.110 and 70.74.120.

        Sec. 2.  Section 11, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.061 are each amended to read as follows:

          Magazines containing blasting caps and electric blasting caps shall be separated from other magazines containing like contents, or from magazines containing explosives by distances ((based on the following:

          (1) Blasting caps in strengths through No. 8 should be rated at one and one-half pounds of explosive per one thousand caps;

          (2) For strengths higher than No. 8, use the total combined weight of explosives;

          (3) Magazines in which explosives are kept and stored shall be detached from other structures and separated from other magazines in conformity with the quantity and distance table set forth below:

QUANTITY AND DISTANCE TABLE FOR SEPARATION BETWEEN MAGAZINES CONTAINING EXPLOSIVES

@p1!tm1,1 !tj1!tcSeparation

!tj1!tcDistance!sc ,001in!sc ,001Feet

!tj1!tcBetween!sc ,001Magazines

!tm1,1,1,1 !tcPounds !tcPounds !tcNot

!tcOver !tcNot!sc ,001Over !tcBarricaded !tcBarricaded

!w

!tp4,6,6,6,3 !tr2 !tr5 !tr12 !tr6

!tr5 !tr10 !tr16 !tr8

!tr10 !tr20 !tr20 !tr10

!tr20 !tr30 !tr22 !tr11

!tr30 !tr40 !tr24 !tr12

!tr40 !tr50 !tr28 !tr14

!tr50 !tr75 !tr30 !tr15

!tr75 !tr100 !tr32 !tr16

!tr100 !tr125 !tr36 !tr18

!tr125 !tr150 !tr38 !tr19

!tr150 !tr200 !tr42 !tr21

!tr200 !tr250 !tr46 !tr23

!tr250 !tr300 !tr48 !tr24

!tr300 !tr400 !tr54 !tr27

!tr400 !tr500 !tr58 !tr29

!tr500 !tr600 !tr62 !tr31

!tr600 !tr700 !tr64 !tr32

!tr700 !tr800 !tr66 !tr33

!tr800 !tr900 !tr70 !tr35

!tr900 !tr1,000 !tr72 !tr36

!tr1,000 !tr1,200 !tr78 !tr39

!tr1,200 !tr1,400 !tr82 !tr41

!tr1,400 !tr1,600 !tr86 !tr43

!tr1,600 !tr1,800 !tr88 !tr44

!tr1,800 !tr2,000 !tr90 !tr45

!tr2,000 !tr2,500 !tr98 !tr49

!tr2,500 !tr3,000 !tr104 !tr52

!tr3,000 !tr4,000 !tr116 !tr58

!tr4,000 !tr5,000 !tr122 !tr61

!tr5,000 !tr6,000 !tr130 !tr65

!tr6,000 !tr7,000 !tr136 !tr68

!tr7,000 !tr8,000 !tr144 !tr72

!tr8,000 !tr9,000 !tr150 !tr75

!tr9,000 !tr10,000 !tr156 !tr78

!tr10,000 !tr12,000 !tr164 !tr82

!tr12,000 !tr14,000 !tr174 !tr87

!tr14,000 !tr16,000 !tr180 !tr90

!tr16,000 !tr18,000 !tr188 !tr94

!tr18,000 !tr20,000 !tr196 !tr98

!tr20,000 !tr25,000 !tr210 !tr105

!tr25,000 !tr30,000 !tr224 !tr112

!tr30,000 !tr35,000 !tr238 !tr119

!tr35,000 !tr40,000 !tr248 !tr124

!tr40,000 !tr45,000 !tr258 !tr129

!tr45,000 !tr50,000 !tr270 !tr135

!tr50,000 !tr55,000 !tr280 !tr140

!tr55,000 !tr60,000 !tr290 !tr145

!tr60,000 !tr65,000 !tr300 !tr150

!tr65,000 !tr70,000 !tr310 !tr155

!tr70,000 !tr75,000 !tr320 !tr160

!tr75,000 !tr80,000 !tr330 !tr165

!tr80,000 !tr85,000 !tr340 !tr170

!tr85,000 !tr90,000 !tr350 !tr175

!tr90,000 !tr95,000 !tr360 !tr180

!tr95,000 !tr100,000 !tr370 !tr185

!tr100,000 !tr110,000 !tr380 !tr195

!tr110,000 !tr120,000 !tr410 !tr205

!tr120,000 !tr130,000 !tr430 !tr215

!tr130,000 !tr140,000 !tr450 !tr225

!tr140,000 !tr150,000 !tr470 !tr235

!tr150,000 !tr160,000 !tr490 !tr245

!tr160,000 !tr170,000 !tr510 !tr255

!tr170,000 !tr180,000 !tr530 !tr265

!tr180,000 !tr190,000 !tr550 !tr275

!tr190,000 !tr200,000 !tr570 !tr285

!tr200,000 !tr210,000 !tr590 !tr295

!tr210,000 !tr230,000 !tr630 !tr315

!tr230,000 !tr250,000 !tr670 !tr335

!tr250,000 !tr275,000 !tr720 !tr360

!tr275,000 !tr300,000 !tr770 !tr385))

!te@p0set in the quantity and distance tables adopted by the department of labor and industries by rule.  The department of labor and industries shall adopt the quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate.  The tables shall be the basis on which applications for storage license are made and storage licenses issued as provided in RCW 70.74.110 and 70.74.120.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.74 RCW to read as follows:

          (1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant.  In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries.  In the case of a partnership, fingerprinting and criminal history record information checks shall required of all general partners.  Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted.  The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request.  The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check.  The applicant may be required to pay a fee not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process.

          (2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

          (a) Any person under twenty-one years of age;

          (b) Any person whose license is suspended or whose license has been revoked, except as provided in section 4 of this act;

          (c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency.  However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency.  The director of labor and industries shall require the applicant to provide proof of such participation and control; or

          (d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency.

          (3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.74 RCW to read as follows:

          (1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

          (a) A violent offense as defined in RCW 9.94A.030;

          (b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

          (c) A crime involving bomb threats;

          (d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency.  However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency.  The department of labor and industries shall require the licensee to provide proof of such participation and control;

          (e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

          (2) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

          (3) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

          (4) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.

        Sec. 5.  Section 11, chapter 111, Laws of 1931 as last amended by section 13, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.110 are each amended to read as follows:

          All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on the date when this 1969 amendatory act takes effect, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after this act takes effect shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:

          (1) Location of place of manufacture or processing;

          (2) Kind of explosives manufactured, processed or used;

          (3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;

          (4) The name and address of the applicant;

          (5) The reason for desiring to manufacture explosives;

          (6) The applicant's citizenship, if the applicant is an individual;

          (7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;

          (8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and

          (9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

          There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries.  The superintendent of each plant shall upon demand of said inspector furnish the following information:

          (a) The maximum amount and kind of explosive material which is or will be present in each building at one time.

          (b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.

          The department of labor and industries shall as soon as ((may be)) possible after receiving such application cause an inspection to be made of the explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and RCW 70.74.061, such department shall issue a license to the person applying therefor showing compliance with the provisions of this chapter((, unless)) if the ((department shall find)) applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are ((not)) sufficiently experienced in the manufacture of explosives((, have been convicted of a crime involving moral turpitude, or are disloyal to the United States)) and the applicant meets the qualifications for a license under section 3 of this 1988 act.  Such license shall continue in full force and effect until ((surrendered or canceled, because of failure to comply with any of the conditions necessary for the granting of a license)) expired, suspended, or revoked by the department pursuant to this chapter.

        Sec. 6.  Section 3, chapter 101, Laws of 1941 as amended by section 16, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.130 are each amended to read as follows:

          Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor.  Said application shall state, among other things:

          (1) The name and address of applicant;

          (2) The reason for desiring to engage in the business of dealing in explosives;

          (3) Citizenship, if an individual applicant;

          (4) If a partnership, the names and addresses of the partners and their citizenship;

          (5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

          (6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

          The department of labor and industries shall issue the license ((applied for unless the department finds that either the applicant or any of the officers, agents or employees of the applicant are not sufficiently experienced in the business of dealing in explosives, lack suitable facilities therefor, have been convicted of a crime involving moral turpitude, or are disloyal to the United States.  Said license may be canceled for any cause that would prevent the initial issuance thereof)) if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.

        Sec. 7.  Section 18, chapter 137, Laws of 1969 ex. sess. as last amended by section 7, chapter 302, Laws of 1971 ex. sess. and RCW 70.74.135 are each amended to read as follows:

          All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license.  Said application shall state, among other things:

          (1) The location where explosives are to be used;

          (2) The kind and amount of explosives to be used;

          (3) The name and address of the applicant;

          (4) The reason for desiring to use explosives;

          (5) The citizenship of the applicant if the applicant is an individual;

          (6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;

          (7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

          (8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.

          The department of labor and industries shall issue the license ((applied for unless)) if the ((department finds)) applicant demonstrates that either the applicant or ((any of)) the officers, agents or employees of the applicant are ((not)) sufficiently experienced in the use of explosives((, lack suitable facilities therefor, have been convicted of a felony involving force or violence, or are disloyal to the United States.  Said license may be canceled for any cause that would prevent the initial issuance thereof; or for any violation of this chapter)) to authorize a purchase license.  However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored.

NEW SECTION. Sec. 8.  A new section is added to chapter 70.74 RCW to read as follows:

          With the exception of storage licenses for permanent facilities, every license issued under the authority of this chapter shall expire after one year from the date issued unless suspended or revoked.  The director of labor and industries may extend the duration of storage licenses for permanent facilities to two years provided the location, distances, and use of the facilities remain unchanged.  The fee for the two-year storage license shall be twice the annual fee.

NEW SECTION. Sec. 9.  A new section is added to chapter 70.74 RCW to read as follows:

          (1) It is unlawful for any person to manufacture, purchase, sell, use, or store any explosive without having a validly issued license from the department of labor and industries, which license has not been revoked or suspended.  Violation of this section is a gross misdemeanor.

          (2) Upon notice from the department of labor and industries or any law enforcement agency having jurisdiction, a person manufacturing, purchasing, selling, using, or storing any explosive without a license shall immediately surrender any and all such explosives to the department or to the respective law enforcement agency.

          (3) At any time that the director of labor and industries requests the surrender of explosives from any person pursuant to subsection (2) of this section, the director may in addition request the attorney general to make application to the superior court of the county in which the unlawful practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.

NEW SECTION. Sec. 10.  A new section is added to chapter 70.74 RCW to read as follows:

          Unless specifically provided otherwise by statute, this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

        Sec. 11.  Section 2, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.137 are each amended to read as follows:

          Every person applying for a purchaser's license, or renewal thereof, shall pay an annual license fee of ((two)) five dollars.  The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department.  The fee shall not exceed fifteen dollars.

           Said license fee shall accompany the application((,)) and shall be transmitted by the department ((turned over)) to the state treasurer:  PROVIDED, That if the applicant is denied a purchaser's license the license fee shall be returned to said applicant by registered mail.

        Sec. 12.  Section 13, chapter 111, Laws of 1931 as amended by section 15, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.140 are each amended to read as follows:

          Every person engaging in the business of keeping or storing of explosives((,)) shall pay an annual license fee for each magazine maintained, to be graduated by the department of labor and industries according to the quantity kept or stored therein, of ((not less than one dollar nor more than fifty)) ten dollars.  The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department.  The fee shall not exceed one hundred dollars.

          Said license fee shall accompany the application((,)) and shall be transmitted by the department ((turned over)) to the state treasurer.

        Sec. 13.  Section 1, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.142 are each amended to read as follows:

          Every person applying for a user's license, or renewal thereof, under this chapter shall pay an annual license fee of ((three)) five dollars.  The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department.  The fee shall not exceed fifteen dollars.

          Said license fee shall accompany the application, and be turned over by the department to the state treasurer:  PROVIDED, That if the applicant is denied a user's license the license fee shall be returned to said applicant by registered mail.

NEW SECTION. Sec. 14.  A new section is added to chapter 70.74 RCW to read as follows:

          Every person engaged in the business of manufacturing explosives shall pay an annual license fee of twenty-five dollars.  The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department.  The fee shall not exceed fifty dollars.

          Businesses licensed to manufacture explosives are not required to have a dealers license, but must comply with all of the dealer requirements of this chapter when they sell explosives.

          The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

NEW SECTION. Sec. 15.  A new section is added to chapter 70.74 RCW to read as follows:

          Every person engaged in the business of selling explosives shall pay an annual license fee of twenty-five dollars.  The director of labor and industries may adjust the amount of the license fee to reflect the administrative costs of the department.  The fee shall not exceed fifty dollars.

          Businesses licensed to sell explosives must comply with all of the dealer requirements of this chapter.

          The license fee shall accompany the application and shall be transmitted by the department to the state treasurer.

NEW SECTION. Sec. 16.  The following acts or parts of acts are each repealed:

                   (1) Section 17, chapter 111, Laws of 1931, section 7, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.220; and

          (2) Section 252, chapter 249, Laws of 1909, section 25, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.290.