63rd Legislature
2013 Regular Session

Passed by the Senate March 7, 2013
  YEAS 47   NAYS 0

President of the Senate
Passed by the House April 17, 2013
  YEAS 97   NAYS 0

Speaker of the House of Representatives


I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5264 as passed by the Senate and the House of Representatives on the dates hereon set forth.


Governor of the State of Washington

Secretary of State
State of Washington



Passed Legislature - 2013 Regular Session
State of Washington63rd Legislature2013 Regular Session

By Senate Transportation (originally sponsored by Senators Benton, Mullet, Baumgartner, and Sheldon)

READ FIRST TIME 02/28/13.   

     AN ACT Relating to the transportation and storage of certain explosive devices; and amending RCW 70.74.191.


Sec. 1   RCW 70.74.191 and 2002 c 370 s 2 are each amended to read as follows:
     The laws contained in this chapter and regulations prescribed by the department of labor and industries pursuant to this chapter 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 United States agencies and departments including the regular United States military departments on military reservations; arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of, the United States; or the duly authorized militia of any state; or to emergency operations of any state department or agency, any police, or any municipality or county;
     (5) A hazardous devices technician when carrying out normal and emergency operations, handling evidence, and operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive material or when conducting training and whose employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous devices work. For purposes of this section, a hazardous devices technician is a person who is a graduate of the federal bureau of investigation hazardous devices school and who is employed by a state, county, or municipality;
     (6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices, flares, fuses, and torpedoes;
     (7) 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;
     (8) The storage of consumer fireworks as defined in chapter 70.77 RCW pursuant to a forfeiture or seizure under chapter 70.77 RCW by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority; ((and))
     (9) The transportation and storage of explosive actuated tactical devices, including noise and flash diversionary devices, by local law enforcement tactical response teams and officers in law enforcement department-issued vehicles designated for use by tactical response teams and officers, provided the explosive devices are stored and secured in compliance with regulations and rulings adopted by the federal bureau of alcohol, tobacco, firearms and explosives; and
Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent than this chapter.

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