PERMANENT RULES
LABOR AND INDUSTRIES
Effective Date of Rule: December 1, 2008.
Purpose: This rule making is in response to chapter 285, Laws of 2008 (EHB 3381) which gave the department the authority to increase the fees associated with the explosives program.
Why was this rule making proposed? Labor and industries (L&I) is required by RCW 70.74.360 to process and issue all explosive licenses. On July 1, 2007, the Washington state patrol (WSP) began charging the department for fees associated with processing state and Federal Bureau of Investigation (FBI) fingerprint and background records checks needed for L&I to issue the explosives license. Up to this point, the department had access to a federal and state database allowing us to conduct these fingerprint and background checks, also revoked by the WSP and the FBI prior to July 1, 2007.
It is anticipated that the annual cost to L&I to have the Washington state patrol process two thousand four hundred new applications and renewals will be $100,000 per year. This cost is currently unfunded for the explosives licensing program within the division of occupational safety and health (DOSH) at L&I. Funding to pay the Washington state patrol for these services is essential to meeting a statutory mandate and to the success of the explosives licensing program.
What change was proposed? Amended the rule to:
| ▪ | Require license applicants to pay the current federal and state fees for processing fingerprinting and background checks. |
| ▪ | Increase the license fee paid: |
| - | For explosives' purchases. |
| - | By businesses' storing explosives. |
| - | By explosives' users. |
| - | By explosives' manufacturers. |
| - | By businesses selling explosives. |
| • | Amended this section -- took out the wording "Meet the requirements of WAC 296-52-610 Explosives licensing." |
| • | Amended this section -- took out the wording "May be required to pay a fee to the law enforcement agency providing fingerprint research services (RCW 70.74.360) and replaced it with "Must pay the fee to the department for processing the fingerprint card (RCW 703.74.360(1) [70.74.360(1)]). |
Citation of Existing Rules Affected by this Order: Amending WAC 296-52-61010, 296-52-61020, and 296-52-61030.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 70.74.137, 70.74.140, 70.74.142, 70.74.144, 70.74.146, 70.74.360, and chapter 285, Laws of 2008.
Adopted under notice filed as WSR 08-11-104 on May 20, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: July 22, 2008.
Judy Schurke
Director
OTS-1523.1
AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02,
effective 3/1/02)
WAC 296-52-61010
License applicants must provide this
information.
(1) Applicants must provide the following
information to the department:
• An individual must provide:
– Their name, address, and citizenship.
• A partnership must provide:
– The name, address, and citizenship for each partner
– The name and address of the applicant.
• An association or corporation must provide:
– The name, address, and citizenship for each officer and director
– The name and address of the applicant.
(2) Applicants must:
((• Meet the requirements of WAC 296-52-610, Explosives
licensing))
• Meet any license specific requirements
• Provide their Social Security number (RCW 26.23.150)
• Provide any information requested by the department before a new or renewal license will be issued.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-61010, filed 1/23/02, effective 3/1/02.]
| Type of License | Fee |
| Dealer's License | (( |
| Purchaser's License | (( |
| Blaster's License | (( |
| Manufacturer's License | (( |
| Storage License | (See table below) |
| Explosive Materials STORAGE LICENSE FEES RCW 70.74.140 applies |
|||
| EXPLOSIVES | DETONATORS | FEE (for each magazine or mobile site) |
|
| Maximum Weight (pounds) of explosives permitted in each magazine or mobile site. | Maximum Number of detonators permitted in each magazine or mobile site. | Annual | Permanent Storage License for Two Years |
| 200 | 133,000 | (( |
(( |
| 1,000 | 667,000 | (( |
(( |
| 5,000 | 3,335,000 | (( |
(( |
| 10,000 | 6,670,000 | (( |
(( |
| 50,000 | 33,350,000 | (( |
(( |
| 300,000 | 200,000,000 | (( |
(( |
| Note: | License fees will not be refunded when a license is revoked or suspended for cause. |
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-08-110, § 296-52-61020, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-61020, filed 1/23/02, effective 3/1/02.]
• Must cooperate and assist the department in all aspects of the application review
• Must provide all information requested by the department to:
– Verify application statements
– Help with any questions
• Must furnish their fingerprints to the department on department forms
– Fingerprinting and criminal history record information checks are required for management officials directly responsible for explosives operations
• ((May be required to pay a fee to the law enforcement
agency providing fingerprint research services (RCW 70.74.360).)) Must pay the fee to the department for
processing the fingerprint card (RCW 70.74.360(1)).
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-61030, filed 1/23/02, effective 3/1/02.]