WSR 03-05-073

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 18, 2003, 12:34 p.m. ]

     Title of Rule: Chapter 296-52 WAC, Safety standards for possession and handling of explosives.

     Purpose: On November 25, 2002, the Homeland Security Bill was signed, which restricts the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. The department must be updated to comply with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE).


Amended Sections:


WAC 296-52-61040 Reasons why applicants may be disqualified.

•     The proposal will disqualify applicants who:

     -     Do not provide proof of an explosive license or permit issued by the BATFE.

     -     Have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.

     -     Is fugitive from justice.

     -     Have been dishonorably discharged from the United States armed forces.

     -     Have renounced their citizenship from the United States from receiving an explosive license.

     -     Are aliens.

     -     Have been committed to a mental institution.


WAC 296-52-62005 Responsibility to obtain a dealer's license.

•     The proposal will require dealers to first obtain a license from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.


WAC 296-52-63005 How to obtain a purchaser's license.

•     The proposal will require purchasers to first obtain a license from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.


WAC 296-52-65005 Responsibility to obtain a manufacturer's license.

•     The proposal will require manufacturers to first obtain a license from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.


WAC 296-52-66005 Responsibility to obtain a storage license.

•     The proposal will require licensee to first obtain a license from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, chapter 70.74 RCW.

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: The proposed changes to chapter 296-52 WAC are a result of the Homeland Security Bill. The changes will restrict the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism.

     Reasons Supporting Proposal: The expedited proposal is a result of the Homeland Security Bill that was signed November 25, 2002.

     Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is necessary because of federal law, HR 5710 EH.

     Explanation of Rule, its Purpose, and Anticipated Effects: On November 25, 2002, the Homeland Security Bill was signed, which restricts the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. The department must update chapter 296-52 WAC to comply with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE).

     Proposal Changes the Following Existing Rules: The proposal will:

•     Prohibit aliens, persons dishonorably discharged from the armed forces, and citizens of the United States who have renounced their citizenship from obtaining a license.

•     Require people to first obtain a federal permit issued by the BATFE.


NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY April 21, 2003.


February 18, 2003

Paul Trause

Director

OTS-6176.2


AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02, effective 3/1/02)

WAC 296-52-61040   Reasons why applicants may be disqualified.   Licenses will not be issued for the manufacture, retail sale, purchase, storage, or use of explosives to any applicant, who is any of the following:

     • Who does not provide proof of a valid explosive license or permit issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE)

     • Under twenty-one years of age

     • Whose license is suspended or revoked, except as provided in this section

     • Convicted in ((this state or elsewhere of:

     – A violent offense (RCW 9.94A.030)

     – Perjury

     – Providing false information (false swearing)

     – Bomb threats

     – A crime involving a Schedule I or II Controlled Substance (chapter 69.50 RCW)

     – Any other drug or alcohol related offense (unless the offense is not related to drug or alcohol dependency).

Note: A license may be issued to an applicant with a drug or alcohol dependency history:
• Who is participating in, or has completed, treatment in an alcohol or drug recovery program
• Has established control of their alcohol or drug dependency
• Provides proof to the department of participation in a recovery program and control over their dependency))
any court of a crime punishable by imprisonment for a term exceeding one year

     • Legally determined at the time of application to be:

     – Mentally ill

     – Insane

     – Committed to a mental institution

     – Incompetent due to any mental disability or disease at the time of application.

Note: The department will not reissue a license until competency has been legally restored.
     • Physically ill or disabled, and cannot use explosives safely. Disqualifying disabilities may include, but are not limited to:

     – Blindness

     – Deafness

     – Epileptic or diabetic seizures or coma.

Note: The department will not reissue a license until the applicant's physical ability is verified by a qualified physician through the appeal process (WAC 296-52-60065, Violation appeals).
     • Who is an alien, unless:

     – They are lawfully admitted for permanent residence

     – They are in lawful nonimmigrant status

     • Who has been dishonorably discharged from the United States armed forces

     • Who has renounced their citizenship from the United States.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-61040, filed 1/23/02, effective 3/1/02.]


AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02, effective 3/1/02)

WAC 296-52-62005   Responsibility to obtain a dealer's license.   Any person, firm, partnership, corporation, or public agency wanting to purchase explosives (including black powder and blasting agents) for resale, must have a valid dealer's license issued by the department and a valid license issued by the BATFE.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-62005, filed 1/23/02, effective 3/1/02.]


AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02, effective 3/1/02)

WAC 296-52-63005   ((How)) Responsibility to obtain a purchaser's license.   Any person, firm, partnership, corporation, or public agency wanting to purchase explosives or blasting agents must have a valid purchaser's license issued by the department and a valid license issued by the BATFE.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-63005, filed 1/23/02, effective 3/1/02.]


AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02, effective 3/1/02)

WAC 296-52-65005   Responsibility to obtain a manufacturer's license.   Any person, firm, partnership, corporation, or public agency wanting to manufacture explosives or blasting agents, or use any process involving explosives as a component part in the manufacture of any device, article, or product must have a valid manufacturer's license from the department and a valid use permit or license issued by the BATFE.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-65005, filed 1/23/02, effective 3/1/02.]


AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02, effective 3/1/02)

WAC 296-52-66005   Responsibility to obtain a storage license.   Any person, firm, partnership, corporation, or public agency wanting to store explosive materials must have a valid license from the department and a valid use permit or license issued by the BATFE.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-66005, filed 1/23/02, effective 3/1/02.]

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