Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-21-067.

     Title of Rule and Other Identifying Information: Chapter 296-52 WAC, Safety standards for possession and handling of explosives, the purpose of this rule making is to correct the inconsistency between chapter 70.74 RCW, Washington State Explosive Act, and chapter 296-52 WAC, Safety standards for possession and handling of explosives. The rule making will change the licensing requirements from two years to one year, in order to be consistent with the RCW. We will also be incorporating recommendations from the FBI regarding bomb technicians, along with housekeeping changes throughout the rule.

     Hearing Location(s): Department of Labor and Industries, Room S117, 7273 Linderson Way S.W., Tumwater, WA, on February 16, 2005, at 1:30 p.m.

     Date of Intended Adoption: April 5, 2005.

     Submit Written Comments to: Sally Elliott, Administrative Regulations Analyst, P.O. Box 44620, Olympia, WA 98504-4620, e-mail yous235@lni.wa.gov, fax (360) 902-5529, by February 23, 2005.

     Assistance for Persons with Disabilities: Contact Sally Elliott by February 1, 2005, at yous235@lni.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to correct the inconsistency between chapter 70.74 RCW, Washington State Explosive Act, and chapter 296-52 WAC, Safety standards for possession and handling of explosives. The rule making will change the licensing requirements from two years to one year, in order to be consistent with the RCW. We will also be incorporating recommendations from the FBI regarding bomb technicians, along with housekeeping changes throughout the rule.

AMENDED SECTIONS:

WAC 296-52-60130 Definitions.

•	The proposal will add definitions for alien and electronic detonator.

WAC 296-52-61020 License fees.

•	The proposal will update license fees. The fees were changed to reflect yearly renewals.

WAC 296-52-61045 License terms.

•	The proposal will change license requirements from two years to one year, in order to be consistent with chapter 70.74 RCW.

WAC 296-52-62010 Dealer applicant information.

•	The proposal will correct a reference to WAC 296-52-61010 License applicants must provide this information.

WAC 296-52-63010 Applicant information.

•	The proposal will correct a reference to WAC 296-52-61010 License applicants must provide this information.

WAC 296-52-64005 Responsibility to obtain a blaster's license.

•	The proposal is updating the license classifications based upon the FBI recommendations for bomb technicians.

WAC 296-52-64040 List C qualifications.

•	The proposal is updating the qualifications for a bomb technician based upon the FBI recommendations.

WAC 296-52-64050 Blaster license applicant information.

•	The proposal will correct a reference to WAC 296-52-61010 License applicants must provide this information.

WAC 296-52-64090 Blaster license renewal.

•	The proposal will change license requirements from two years to one year, in order to be consistent with chapter 70.74 RCW.

WAC 296-52-64095 List A and B renewal qualifications.

•	The proposal will change the basic blaster's classroom training to eight hours instead of sixteen hours and change blasting experience to one year instead of two years. The training was reduced to reflect yearly renewals.

WAC 296-52-64100 List C renewal qualifications.

•	The proposal is updating the qualifications for a bomb technician based upon the FBI recommendations.

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

•	The proposal is updating the wording to say manufacturer's permit instead of user's permit.

WAC 296-52-65010 Manufacturer applicant information.

•	The proposal will correct a reference to WAC 296-52-61010 License applicants must provide this information.

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

•	The proposal is deleting "and a valid user permit or license issued by the ATF" because the ATF does not issue user permits or licenses for storage.

WAC 296-52-66010 Storage applicant information.

•	The proposal will correct a reference to WAC 296-52-61010 License applicants must provide this information.

WAC 296-52-67080 Drilling.

•	The proposal is updating subsection (2), to eliminate confusing wording.

WAC 296-52-67165 Fixed location mixing.

•	The proposal will correct a numbering error.

WAC 296-52-69020 Storage facilities.

•	The proposal is clarifying wording to Note 1 and Note 4, in order to eliminate confusion.

WAC 296-52-70005 Class 1 magazines: Permanent storage facilities.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70010 Building construction for Class 1 magazines.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70015 Igloos, army-type structures, tunnels, and dugouts.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70020 Class 2 magazines: Portable field storage.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70025 Construction for Class 2 magazine.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.
•	The proposal is updating subsection (1), in order to be consistent with the ATF.

WAC 296-52-70030 Class 3 magazines: Indoor storage facilities.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70040 Construction for Class 3 magazines.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70045 Class 4 magazines: Blasting agent, low explosive, or electric detonator storage facilities.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70050 Construction for Class 4 magazines.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70055 Class 5 magazines: Blasting agent storage facilities.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-70060 Construction for Class 5 magazines.

•	The proposal will update "class" to "type," in order to be consistent with the ATF and IME.

WAC 296-52-71020 Storage with Division 1.1, 1.2, or 1.3 explosives.

•	The proposal will delete "Unless the storage facility is adequate for Division 1.1, 1.2, or 1.3 storage, small arms ammunition cannot be stored there" because the sentence is redundant with the previous sentence.

WAC 296-52-725 Appendix B, sample format for a blast record, nonmandatory.

•	The proposal will update the sample format for a blast record to include the blaster's license number and expiration date.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 70.74.020, 70.74.025, 70.74.030, 70.74.061.

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Labor and Industries.

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes made to the following rules correct typographical errors and clarify rule language. As such, they are exempt from the small businesses economic impact statement (SBEIS) requirement of the RFA per RCW 19.85.025(3) that specifically states that rules described in RCW 34.05.310(4) are not subject to the provisions of the RFA. RCW 34.05.310 (4)(d) exempts "rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect."

     WAC 296-52-60130 Definitions, 296-52-64005 Responsibility to obtain a blaster's license, 296-52-64050 Blaster license applicant information, 296-52-64090 Blaster license renewal, 296-52-64095 List A & B renewal qualifications, 296-52-65005 Responsibility to obtain a manufacturer's license, 296-52-65010 Manufacturer applicant information, 296-52-66005 Responsibility to obtain a storage license, 296-52-66010 Storage applicant information, 296-52-67080 Drilling, 296-52-67165 Fixed location mixing, 296-52-69020 Storage facilities, 296-52-70005 Type 1 magazines: Permanent storage facilities, 296-52-70010 Building construction for Type 1 magazines, 296-52-70015 Igloos, army-type structures, tunnels and dugouts, 296-52-70020 Type 2 magazines: Portable field storage, 296-52-70030 Type 3 magazines: Indoor storage facilities, 296-52-70040 Construction for Type 3 magazines, 296-52-70045 Type 4 magazines: Blasting agent, low explosive, or electric detonator storage facilities, 296-52-70050 Construction for Type 4 magazines, 296-52-70055 Type 5 magazines: Blasting agent storage facilities, 296-52-70060 Construction for Type 5 magazines, 296-52-71020 Storage with Division 1.1, 1.2, 1.3 explosives, and 296-52-71080 Storage.

     Changes made to the following rules are intended to bring their language in line with existing state and federal statutes. As such, they are exempt from the SBEIS requirement of the RFA per RCW 19.85.025(3) which specifically states that rules described in RCW 34.05.310(4) are not subject to the provisions of the RFA. RCW 34.05.310 (4)(c) exempts "rules adopting or incorporating by reference without material change federal statutes or regulations as well as Washington state statutes."

     WAC 296-52-70025 Construction for Type 2 magazines and 296-52-61020 License fees.

     The following rules increase requirements on handlers of explosive equipment; however, the cost they impose is minor. Per RCW 19.85.030 (1)(a), a rule must impose more than a minor cost on a business, businesses or an industry in order to require an SBEIS.

     WAC 296-52-64040 List C qualifications and 296-52-64100 List C renewal qualifications.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Trista Zugel, Department of Labor and Industries, P.O. Box 44321, Olympia, WA 98504-4321, phone (360) 902-5122, fax (360) 902-4249, e-mail zugy235@lni.wa.gov.

December 21, 2004

Paul Trause

Director

OTS-7586.2

AMENDATORY SECTION(Amending WSR 03-06-073, filed 3/4/03, effective 8/1/03)

WAC 296-52-60130   Definitions.   Alien means any person who is not a citizen or national of the United States.

     American Table of Distances means the American Table of Distances for Storage of Explosives as revised and approved by Institute of the Makers of Explosives (IME).

     Approved storage facility means a facility for the storage of explosive materials which is in compliance with the following chapter:

     • Storage licensing (WAC 296-52-660)

     • Storage of explosive materials (WAC 296-52-690)

     • Magazine construction (WAC 296-52-700).

     Attend means the physical presence of an authorized person who stays in view of the explosives.

     Authorized, approved, or approval means authorized, approved, or approval by:

     • The department

     • Any other approving agency

     • An individual as specified in this chapter.

     Authorized agent means a person delegated by a licensed purchaser, who possesses a basic knowledge of explosives handling safety, to order and receive explosives on the purchaser's behalf.

     Authorized agent list means a current list of agents the purchaser has authorized to order or receive explosives on their behalf.

     Authorized person means a person approved or assigned by an employer, owner, or licensee to perform a specific type of duty or be at a specific location at the job site.

     Barricades

     • Barricade means effectively screening a building containing explosives by means of a natural or artificial barrier from a magazine, another building, a railway, or highway.

     • Artificial barricade means a barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or other building or to a point twelve feet above the center of a railway or highway shall pass through such barrier, an artificial mound or properly revetted wall of earth with a minimum thickness of three feet.

     • Natural barricade means any natural hill, mound, wall, or barrier composed of earth, rock, or other solid material at least three feet thick.

     BATF means the Bureau of Alcohol, Tobacco, and Firearms.

     Blast area means the area of a blast that is effected by:

     • Flying rock missiles

     • Gases

     • Concussion.

     Blast pattern means the plan of the drill holes laid out and a display of the burden distance, spacing distance, and their relationship to each other.

     Blast site means the area where explosive material is handled during loading and fifty feet in all directions from loaded blast holes or holes to be loaded.

     Blaster means a person trained and experienced in the use of explosives and licensed by the department.

     Blaster in charge means a licensed blaster who is:

     • Fully qualified, by means of training and experience in explosives use

     • Adequately trained, experienced, and capable of recognizing hazardous conditions throughout the blast area

     • In charge of:

     – The blast process

     – All aspects of explosives and blasting agent storage, handling, and use as recommended by the manufacturer and as required by this chapter

     • In a position of authority:

     – To take prompt corrective action in all areas of the blast operation

     – Over all other blasters at the blast area

     Blasting agent means any material or mixture consisting of a fuel and oxidizer:

     • That is intended for blasting

     • Not otherwise defined as an explosive

     • If the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined

     – A number 8 test blasting cap is one containing two grams of a mixture of eighty percent mercury fulminate and twenty percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer

     Blockholing means the breaking of boulders by firing a charge of explosives that has been loaded in a drill hole.

     Competent person means a person who:

     • Is capable of identifying existing hazardous and the forecasting of hazards of working conditions which might be unsanitary or dangerous to personnel or property

     • Has authorization to take prompt corrective action to eliminate such hazards.

     Consumer fireworks means:

     • Any small firework device:

     – Designed to produce visible effects by combustion

     – That must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission (Title 16 CFR, Parts 1500 and 1507),

     • A small device designed to produce audible effects which include, but are not limited to:

     – Whistling devices

     – Ground devices containing 50 mg or less of explosive materials

     – Aerial devices containing 130 mg or less of explosive materials

Note:

Fused set pieces containing components, which, together, exceed 50 mg of salute powder are not included.

     Conveyance means any unit used for transporting explosives or blasting agents, including, but not limited to:

     • Trucks

     • Trailers

     • Rail cars

     • Barges

     • Vessels.

     Day box means a box which:

     • Is a temporary storage facility for storage of explosive materials

     • Is not approved for unattended storage of explosives

     • May be used at the worksite during working hours to store explosive materials, provided the day box is:

     – Constructed as required (WAC 296-52-70065, Explosives day box),

     – Marked with the word "explosives"

     – Used in a manner that safely separates detonators from other explosives

     – Guarded at all times against theft

     Dealer means any person who purchases explosives or blasting agents for the sole purpose of resale and not for use or consumption.

     Detonating cord means a round flexible cord containing a center core of high explosive and used to initiate other explosives.

     Detonator means any device containing any initiating or primary explosive that is used for initiating detonation and includes, but is not limited to:

     • Electric detonators of instantaneous and delay types

     • Detonators for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous delay detonators which use detonating cord, shock tube, or any other replacement for electric leg wires.

     Discharge hose means a hose with an electrical resistance high enough to limit the flow of stray electric currents to safe levels, but not high enough to prevent drainage of static electric charges to the ground. Hose not more than 2 megohms resistance over its entire length and of not less than 5,000 ohms per foot meets the requirement.

     Display fireworks means large fireworks:

     • Designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, and include, but are not limited to:

     – Salutes containing more than 2 grains (130 mg) of explosive materials

     – Aerial shells containing more than 40 grams of pyrotechnic compositions

     – Other display pieces, which exceed the limits of explosive materials for classification as "consumer fireworks"

     – Fused set pieces containing components, which together exceed 50 mg of salute powder

     Electric detonator means a blasting detonator designed for and capable of detonation by means of electric current.

     Electric blasting circuitry consists of these items:

     • Bus wire. An expendable wire used in parallel or series, or in parallel circuits, which are connected to the leg wires of electric detonators.

     • Connecting wire. An insulated expendable wire used between electric detonators and the leading wires or between the bus wire and the leading wires.

     • Leading wire. An insulated wire used between the electric power source and the electric detonator circuit.

     • Permanent blasting wire. A permanently mounted insulated wire used between the electric power source and the electric detonator circuit.

     Electric delay detonators means detonators designed to detonate at a predetermined time after energy is applied to the ignition system.

     Electronic detonator means a detonator that utilizes stored electrical energy as a means of powering an electronic timing delay element/module that provides initiation energy for firing the base charge.

     Emulsion means an explosive material containing:

     • Substantial amounts of oxidizer dissolved in water droplets, surrounded by an immiscible fuel

     • Droplets of an immiscible fuel surrounded by water containing substantial amounts of oxidizer.

     Explosives means:

     • Any chemical compound or mechanical mixture:

     – Commonly intended or used for the purpose of producing an explosion

     – That contains any oxidizing and combustible units or other ingredients in proportions, quantities or packing that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause sudden generation of highly heated gases resulting in gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb

     • All material classified as Division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by U.S. DOT

     • For the purposes of public consumer use, the following are not considered explosives unless they are possessed or used for a purpose inconsistent with small arms use or other legal purposes:

     – Small arms ammunition

     – Small arms ammunition primers

     – Smokeless powder, not exceeding fifty pounds

     – Black powder, not exceeding five pounds

     Explosive actuated power devices means any tool or special mechanized device, which is activated by explosives and does not include propellant actuated power devices.

     Explosives classifications. Explosives classifications include, but are not limited to:

     • Division 1.1 and Division 1.2 explosives (possess mass explosion or detonating hazard):

     – Dynamite

     – Nitroglycerin

     – Picric acid

     – Lead azide

     – Fulminate of mercury

     – Black powder (exceeding 5 pounds)

     – Detonators (in quantities of 1,001 or more)

     – Detonating primers

     • Division 1.3 explosives (possess a minor blast hazard, a minor projection hazard, or a flammable hazard):

     – Propellant explosives

     – Smokeless powder (exceeding fifty pounds)

     • Division 1.4 explosives:

     – Explosives that present a minor explosion hazard

     – Includes detonators that will not mass detonate in quantities of 1,000 or less

     • Division 1.5 explosives:

     – Explosives with a mass explosion hazard but are so insensitive that there is little probability of initiation

     – ANFO and most other blasting agents are in this division

     • Division 1.6 explosives:

     – Explosives that are extremely insensitive and do not have a mass explosion hazard

     Explosives exemption. The exemption for small arms ammunition, small arms ammunition primers, smokeless powder, not exceeding fifty pounds, and black powder, not exceeding five pounds:

     • Applies to public consumer use only

     • Does not apply to the employer employee relationship covered under the Washington Industrial Safety and Health Act.

     Explosives international markings.

     • The department will accept U.S. DOT and/or BATF international identification markings on explosives and/or explosives containers or packaging

     • This exception is under the authority of RCW 70.74.020(3) and in lieu of Washington state designated markings (as defined by RCW 70.74.010(4) (Division 1.1, 1.2, and 1.3) and required by RCW 70.74.300).

     Explosives manufacturing building means any building or structure, except magazines:

     • Containing explosives where the manufacture of explosives, or any processing involving explosives, is conducted

     • Where explosives are used as a component part or ingredient in the manufacture of any article or device.

     Explosives manufacturing plant means all lands with buildings used:

     • In connection with the manufacturing or processing of explosives

     • For any process involving explosives

     • For the storage of explosives

     • To manufacture any article or device where explosives are used as a component part or ingredient in the article or device.

     Fireworks means any composition or device:

     • Designed to produce a visible or an audible effect by combustion, deflagration, or detonation

     • Which meets the definition of "consumer fireworks" or "display fireworks."

     Forbidden or not acceptable explosives means explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the Federal Department of Transportation (DOT).

     Fuel means a substance, which may react with oxygen to produce combustion.

     Fuse (safety). See "safety fuse."

     Fuse lighters means special devices used for the purpose of igniting safety fuses.

     Handler means any individual who handles explosives or blasting agents for the purpose of transporting, moving, or assisting a licensed blaster in loading, firing, blasting, or disposal.

Note:

This does not include employees of a licensed manufacturer engaged in manufacturing process, drivers of common carriers, or contract haulers.

     Hand loader means any person who engages in the noncommercial assembly of small arms ammunition for personal use; specifically, any person who installs new primers, powder, and projectiles into cartridge cases.

     Highway means roads, which are regularly and openly traveled by the general public and includes public streets, alleys, roads, or privately financed, constructed, or maintained roads.

     Improvised device means a device, which is:

     • Fabricated with explosives

     • Fabricated with destructive, lethal, noxious, pyrotechnic, or incendiary chemicals, and designed, or has the capacity to disfigure, destroy, distract, and harass.

     Inhabited building means:

     • A building which is regularly occupied, in whole or in part, as a habitat for human beings

     • Any church, schoolhouse, railroad station, store, or other building where people assemble.

Note:

This does not mean any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.

     Low explosives means explosive materials, which can be caused to deflagrate when, confined. This includes:

     • Black powder, safety fuses, igniters, igniter cords, fuse lighters, and display fireworks defined as Division 1.2 or Division 1.3 explosives by U.S. DOT (49 CFR Part 173).

Note:

This does not apply to bulk salutes.

     Magazine means any building, structure, or container approved for storage of explosive materials.

Note:

This does not apply to an explosive manufacturing building.

     Manufacturer means any person, partnership, firm, company, or corporation who manufactures explosives or blasting agents, or use any process involving explosives as a component part in the manufacture of any device, article, or product.

EXEMPTIONS:	The following exemptions are restricted to materials and components, which are not classified (by U.S. ((D0T)) DOT) as explosives until after they are mixed. With this restriction, the definition of manufacturer does not include:
	• Inserting a detonator into a cast booster or a stick of high explosive product to make a primer for loading into a blast hole
	• The act of mixing on the blast site, either by hand or by mechanical apparatus, binary components, ammonium nitrate, fuel oil, and/or emulsion products to create explosives for immediate down blast hole delivery.

     Misfire means the complete or partial failure of an explosive charge to explode as planned.

     Mudcap (also known as bulldozing and dobying) means covering the required number of cartridges that have been placed on top of a boulder with a three or four-inch layer of mud, which is free from rocks or other material that could cause a missile hazard.

     Nonelectric delay detonator means a detonator with an integral delay element in conjunction with and capable of being detonated by a:

     • Detonation impulse

     • Signal from miniaturized detonating cord

     • Shock tube.

     Oxidizer means a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.

     Permanent magazines means magazines that:

     • Are fastened to a foundation

     • Do not exceed permanent magazine capacity limits (RCW 70.74.040)

     • Are approved and licensed

     • Are left unattended.

     Person means any individual, firm, partnership, corporation, company, association, person or joint stock association or trustee, receiver, assignee, or personal representative of that entity.

     Person responsible, for an explosives magazine, means:

     • The person legally responsible for a magazine that actually uses the magazine

     • The person is responsible for the proper storage, protection, and removal of explosives, and may be the owner lessee, or authorized operator.

     Portable (field) magazines means magazines that are:

     • Designed to be unattended

     • Not permanently fastened to a foundation

     • Constructed or secured to make sure they cannot be lifted, carried, or removed easily by unauthorized persons

     • Limited to the capacity of explosives required for efficient blasting operation

     • Approved and licensed.

     Possess means the physical possession of explosives in one's hand, vehicle, magazine, or building.

     Primary blasting means the blasting operation that dislodged the original rock formation from its natural location.

     Primer means a unit, package, cartridge, or container of explosives inserted into or attached to a detonator or detonating cord to initiate other explosives or blasting agents.

     Propellant actuated power device means any tool, special mechanized device, or gas generator system, which is actuated by a propellant and releases and directs work through a propellant charge.

     Public utility transmission systems means:

     • Any publicly owned systems regulated by:

     – The utilities and transportation commission

     – Municipalities

     – Other public regulatory agencies, which include:

     – Power transmission lines over 10 kV, telephone cables, or microwave transmission systems

     – Buried or exposed pipelines carrying water, natural gas, petroleum, or crude oil or refined products and chemicals

     Purchaser means any person who buys, accepts, or receives explosives or blasting agents.

     Pyrotechnics, commonly referred to as fireworks, means any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects.

     Qualified person means a person who has successfully demonstrated the ability to solve or resolve problems relating to explosives, explosives work, or explosives projects by:

     • Possession of a recognized degree or certificate

     • Professional standing

     • Extensive knowledge, training, and experience.

     Railroad means any type of railroad equipment that carries passengers for hire.

     Safety fuse (for firing detonators) means a flexible cord containing an internal burning medium by which fire is conveyed at a continuous and uniform rate.

     Secondary blasting means using explosives, mudcapping, or blockholing to reduce oversize material to the dimension required for handling.

     Shock tube means a small diameter plastic tube:

     • Used for initiating detonators

     • That contains a limited amount of reactive material so energy, transmitted through the tube by means of a detonation wave, is guided through and confined within the walls of the tube.

     Small arms ammunition means any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant actuated power devices and industrial guns.

Note:

This does not mean military type ammunition containing explosive bursting incendiary, tracer, spotting, or pyrotechnic projectiles.

     Small arms ammunition primers means small percussion sensitive explosive charges encased in a detonator or capsule used to ignite propellant power or percussion detonators used in muzzle loaders.

     Smokeless powder means solid chemicals or solid chemical mixtures that function by rapid combustion.

     Special industrial explosive devices means explosive actuated power devices and propellant-actuated power devices.

     Special industrial explosives materials means shaped materials and sheet forms and various other extrusions, pellets, and packages of high explosives, which include:

     • Dynamite

     • Trinitrotoluene (TNT)

     • Pentaerythritol tetranitrate (PETN)

     • Hexahydro-1, 3, 5-trinitro-s-triazine (RDX)

     • Other similar compounds used for high-energy-rate forming, expanding, and shaping in metal fabrication, and for dismemberment and quick reduction of scrap metal.

     Springing means the creation of a pocket in the bottom of a drill hole by the use of a moderate quantity of explosives so that larger quantities of explosives may be inserted.

     Sprung hole means a drilled hole that has been enlarged by a moderate quantity of explosives to allow for larger quantities of explosives to be inserted into the drill hole.

     Stemming means a suitable inert incombustible material or device used to confine or separate explosives in a drill hole or cover explosives in mudcapping.

     Trailer means semi-trailers or full trailers, as defined by U.S. DOT, which are:

     • Built for explosives

     • Loaded with explosives

     • Operated in accordance with U.S. DOT regulations.

     U.S. DOT means the United States Department of Transportation.

     Vehicle means any car, truck, tractor, semi-trailer, full trailer, or other conveyance used for the transportation of freight.

     Water-gels or emulsion explosives. These explosives:

     • Comprise a wide variety of materials used for blasting. Two broad classes of water-gels are those which:

     – Are sensitized by material classed as an explosive, such as TNT or smokeless powder

     – Contain no ingredient classified as an explosive which are sensitized with metals, such as aluminum, or other fuels

     • Contain substantial proportions of water and high proportions of ammonium nitrate, some ammonium nitrate is in the solution in the water, and may be mixed at an explosives plant, or the blast site immediately before delivery into the drill hole.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-073, § 296-52-60130, filed 3/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-60130, filed 1/23/02, effective 3/1/02.]

Type of License	Fee
Dealer's License	((50.00)) 25.00
Purchaser's License	((10.00)) 5.00
Blaster's License	((10.00)) 5.00
Manufacturer's License	((50.00)) 25.00
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	((Every Two Years)) Permanent Storage License for Two Years
200	133,000	10.00	20.00
1,000	667,000	25.00	50.00
5,000	3,335,000	35.00	70.00
10,000	6,670,000	45.00	90.00
50,000	33,350,000	60.00	120.00
300,000	200,000,000	75.00	150.00

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, and [49.17].050. 02-03-125, § 296-52-61020, filed 1/23/02, effective 3/1/02.]

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-61045, filed 1/23/02, effective 3/1/02.]

     • Give the reason they want to participate in the business of dealing in explosives

     • Provide information required by WAC ((296-52-610, Explosives licensing)) 296-52-61010, License applicants must provide this information

     • Provide other pertinent information required by the department.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-62010, filed 1/23/02, effective 3/1/02.]

     • The reason explosives or blasting agents will be used

     • The location where explosives or blasting agents will be used

     • The kind of explosives or blasting agents to be used

     • The amount of explosives or blasting agents to be used

     • An explosives storage plan:

     – Documenting proof of ownership of a licensed storage magazine

     OR

     – With a signed authorization to use another person's licensed magazine

     OR

     – With a signed statement certifying that the explosives will not be stored

     • An authorized agent list, if the purchaser chooses to authorize others to order or receive explosives on their behalf

     • The identity and current license of the purchaser's blaster

     • Information required by WAC ((296-52-610, Explosives licensing)) 296-52-61010, License applicants must provide this information

     • Any other pertinent information requested by the department.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-63010, filed 1/23/02, effective 3/1/02.]

Note:

A blaster's license is not required for a "hand loader."

     Blaster license classifications table. The following information shows classification for blasting licenses.

     • Classification list assignment. Classification list assignment is determined by the use of single or multiple series charges; and the knowledge, training, and experience required to perform the type of blasting competently and safely.

     • Multiple list applications. When an applicant wants to apply for multiple classifications and the classifications desired are from two or more classification table lists:

     – All classifications must be requested on the application

     – Qualifying documentation for all classifications being applied for must be included in the applicant's resume (WAC 296-52-64050, Applicant information). Training and experience may fulfill qualification requirements in multiple classifications.

     • Request classifications not lists. Applicants must request specific classifications (not list designations) on their blaster application. Licenses are not issued or endorsed for Classification Table lists A, B, or C.

     • License additions. To add a classification to an existing license, see WAC 296-52-64085, Changes to a blaster's license classification.

License Classifications Table
LIST A		LIST B		LIST C
AG	Agriculture	DE	Demolition	((LE)) BT	((Law Enforcement*)) Bomb Technician*
AV	Avalanche Control	SB	Surface Blasting*	UL	Unlimited*
ED	Explosives Disposal*	UB	Underground Blasting
FO	Forestry*	UW	Underwater Blasting
LE	Law Enforcement*
IO	Industrial Ordnance
SE	Seismographic
TS	Transmission Systems
WD	Well Drilling

     * Detailed classification information.

     • Bomb technician. Disposal of bombs, illegal fireworks and explosive devices.

     • Explosives disposal. Disposal of explosive materials by licensed blasters.

     • Forestry. Includes logging, trail building, and tree topping.

     • Law enforcement. ((Law enforcement bomb disposal and illegal fireworks and explosives disposal.)) Diversionary devices, explosive detection K-9 dog handlers, crowd control devices (stingers) and tactical entry.

     • Surface blasting. Includes construction, quarries, and surface mining.

     • Unlimited. Includes all classifications except underground blasting and law enforcement.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64005, filed 1/23/02, effective 3/1/02.]

     • Experience in the majority of the classifications in Lists A and B

     • A minimum of five years of continuous full time blasting experience in the explosives industry where blasting has been the applicant's primary responsibility during the previous five years.

     (2) ((Law enforcement.)) Bomb technician. To be considered for a ((law enforcement)) bomb technician classification, the applicant must ((submit a certificate of graduation from the FBI Redstone Arsenal Training Center at Redstone, Alabama.)):

     • Submit a copy of the certificate of graduation from the FBI Hazardous Devices School (HDS) basic course in Redstone, Alabama.

     • Submit a copy of the applicant's FBI Bomb Technician Certification identification card. The FBI Bomb Technician Certification card must bear a date that indicates that it is current at the time of application.

     • Submit a letter from the applicant's law enforcement agency's head (chief or sheriff) stating that the applicant is a full-time employee assigned to perform bomb technician duties as part of an FBI accredited bomb squad.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64040, filed 1/23/02, effective 3/1/02.]

     • The application must be signed by the blasting course instructor and the qualified blaster the applicant trained under

     • A detailed resume of blasting training and experience

     • Satisfactory evidence of competency in handling explosives

     • Information required by WAC ((296-52-610, Explosive licensing)) 296-52-61010, License applicants must provide this information.

Note:

The department may request additional information for the classification being applied for upon review of a blaster's resume.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64050, filed 1/23/02, effective 3/1/02.]

     • General applicant qualifications, WAC 296-52-64020, General qualifications, apply.

     • Renewal qualifications include the requirements of WAC 296-52-64090 License renewal, through WAC 296-52-64100, List C renewal qualifications.

     • Training, experience, and responsibility requirements must be accrued during the ((two)) one year((s)) before the application is submitted.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64090, filed 1/23/02, effective 3/1/02.]

     (1) An application for a license renewal must include documentation of:

     • Blasting experience, by providing a minimum of ((two)) one blast record((s))

     OR

     • Successful completion of ((sixteen)) eight hours of basic blaster's classroom training. The blasting course instructor must witness the submitted documentation.

     (2) List A or B applicants who do not meet the minimum classification qualifications must pass a written exam administered by the department.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64095, filed 1/23/02, effective 3/1/02.]

     (1) Unlimited classification. To be considered for a renewal of an unlimited license, an applicant must submit a detailed resume documenting:

     • Experience in the majority of classification in List A and B

     • Full-time blasting experience in the explosives industry, where blasting has been the applicant's primary responsibility.

     (2) ((Law enforcement classification. To be considered for a renewal of the law enforcement classification, an applicant must submit a detailed resume documenting:)) Bomb technician. To be considered for a renewal of the bomb technician classification, an applicant must:

     • Have continuous employment as a law enforcement bomb technician accrued during the previous ((two)) year((s))

     ((• Successful completion of sixteen hours of bomb technician classroom training. The course instructor must sign the submitted documentation.)) • Submit a copy of their FBI Bomb Technician Certification identification card bearing the name of the person making application and an expiration date that indicates that the card is current and valid as of the date of renewal

     • Submit a letter from the applicant's law enforcement agency's head (chief or sheriff) stating that the applicant is a full-time employee assigned to perform bomb technician duties as part of an FBI accredited bomb squad.

Note:

• If the applicant's card has expired at the time of renewal, they need to show that they are enrolled in the next available course at Redstone, Alabama.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-64100, filed 1/23/02, effective 3/1/02.]

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-037, § 296-52-65005, filed 4/30/03, effective 5/24/03. 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.]

     • The reason the applicant wants to manufacture explosives

     • The manufacturing or processing location

     • The kind of explosives manufactured, processed, or used

     • The distance that the explosives manufacturing building is located, or intended to be located, from other buildings, magazines, inhabited buildings, railroads, highways, and public utility transmission systems

     • A site plan. The site plan must:

     – Include the distance each manufacturing building is located from:

     ♦ Other buildings on the premises where people are employed

     ♦ Other occupied buildings on adjoining property

     ♦ Buildings where customers are served

     ♦ Public highways

     ♦ Utility transmission systems

     – Demonstrate compliance with:

     ♦ Applicable requirements of the Washington State Explosives Act

     ♦ The separation distance requirements of this chapter

     – Identify and describe all natural or artificial barricades used to influence minimum required separation distances

     – Identify the nature and kind of work being performed in each building

     – Specify the maximum amount and kind of explosives or blasting agents to be permitted in each building or magazine at any one time

     • Information required by WAC ((296-52-610, Explosive licensing)) 296-52-61010, License applicants must provide this information

     • Other pertinent information required by the department.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-65010, filed 1/23/02, effective 3/1/02.]

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-10-037, § 296-52-66005, filed 4/30/03, effective 5/24/03. 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.]

     • The address or a legal description of the existing or proposed magazine or mobile storage site must be clearly identified

     • The reason explosive materials will be stored

     • The kind of explosives or blasting agents that will be stored

     • The maximum quantity of explosive materials that are or will be stored

     • Identify the total weight, in pounds, of all explosive materials to be stored on site

     • The distance that the magazine is located or intended to be located from other magazines, inhabited buildings, explosives manufacturing buildings, railroads, highways, and public utility transmission systems

     • How long the storage license is needed

     • Information required by WAC ((296-52-610, Explosive licensing)) 296-52-61010, License applicants must provide this information

     • Any other pertinent information requested by the department.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-66010, filed 1/23/02, effective 3/1/02.]

     (a) Drilling cannot begin:

     (i) When there is danger of drilling into a charged or misfired hole.

     (ii) Until all remaining butts of old holes are examined for unexploded charges.

     (b) Unexploded charges must be refired before work proceeds.

     (2) Distance limits during drilling. Blasters cannot load or use explosives closer than:

     (a) The length of the steel being used for drilling((.))

     OR

     (b) Within fifty feet of drilling operations, whichever is greater.

     (3) Prior to loading drill holes.

     (a) Holes must be checked prior to loading to determine depth and conditions.

     (b) Drill holes that have contained explosives or blasting agents cannot be deepened.

     (c) Drill holes must be large enough to allow unobstructed or free insertion of explosive cartridges.

     (4) Enlarging or springing a drill hole.

     (a) A drill hole cannot be sprung when it is near a loaded hole.

     (b) A minimum of two hours must pass after a charge has exploded in a drill hole that was enlarged or "sprung," before loading another charge of explosives into the hole.

Note:

You do not have to wait two hours if the sprung hole is thoroughly wet down with water before it is loaded.

     (c) Flashlight batteries cannot be used as a power source for springing holes.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-67080, filed 1/23/02, effective 3/1/02.]

     (a) Locations.

     (i) Separation distance tables. Buildings or other facilities used for manufacturing emulsions and water-gels must meet the separation distance requirements of Table H-21 for:

     (A) Inhabited buildings

     (B) Passenger railroads

     (C) Public highways

     (ii) Determining distance. When determining the distances separating highways, railroads, and inhabited buildings from potential explosions (Table H-20), the sum of all masses that may propagate (i.e., lie at distances less than specified in Table H-22) from either individual or combined donor masses are included in the sum. However, when ammonium nitrate must be included, only fifty percent of its weight must be used because of its reduced blast effects.

     (b) Construction. Buildings used for the manufacture of water-gels or emulsions must:

     (i) Be constructed of noncombustible material or sheet metal on wood studs.

     (ii) Have mixing plant floors made of nonabsorbent materials, such as concrete.

     (iii) Be well ventilated.

     (c) Heat sources. Heating units that are designed to be independent of the combustion process within the heating unit, may be used within processing buildings or compartments if they:

     (i) Have temperature and safety controls

     AND

     (ii) Are located away from combustible materials and the finished product.

     (d) Internal combustion engines.

     (i) Location. All internal combustion engines used for electric power generation must be:

     (A) Located outside the mixing plant building

     OR

     (B) Properly ventilated and isolated by a firewall

     (ii) Exhaust systems. Engine exhaust systems must be located to prevent spark emissions from becoming a hazard to any materials, in or near the plant.

     (((f))) (e) Fuel oil storage.

     (i) Facilities. Fuel oil storage facilities must be:

     (A) Independent structures

     (B) Located away from the manufacturing building

     (ii) Surrounding area. In order to prevent oil from draining toward a manufacturing building in the event of a tank rupture, the surrounding grounds must slope away from the building.

     (2) Storage of water-gel and emulsion ingredients.

     (a) Explosive ingredients. Ingredients must be stored with compatible materials.

     (b) Nitrate water solutions.

     (i) Nitrate water solutions can be stored in tank cars, tank trucks, or fixed tanks without quantity or distance limitations.

     (ii) Spills or leaks which may contaminate combustible materials must be cleaned up immediately.

     (c) Metal powders. Metal powders, for example, aluminum, must be:

     (i) Kept dry

     AND

     (ii) Stored in containers or bins that are moisture resistant or weather tight.

     (d) Solid fuels. Solid fuels must be used in a way that minimizes dust explosion hazards.

     (e) Peroxides and chlorates. Peroxides and chlorates cannot be used.

     (3) Mixing equipment. Mixing equipment must comply with these requirements:

     (a) Design. The design of processing equipment, including mixers, pumps, valves, conveying, and other related equipment, must:

     (i) Be compatible with the relative sensitivity of other materials being handled.

     (ii) Minimize the possibility of frictional heating, compaction, overloading, and confinement.

     (iii) Prevent the introduction of foreign objects or materials.

     (iv) Be designed to permit regular and periodic flushing, cleaning, dismantling, and inspection.

     (b) Handling procedures. Equipment handling procedures must be designed to prevent the introduction of foreign objects or materials.

     (c) Housekeeping.

     (i) A cleaning and collection system for dangerous residues must be provided.

     (ii) The mixing, loading, and ingredient transfer areas, where residues or spilled materials may accumulate, must be cleaned periodically.

     (d) Electrical equipment. Electrical equipment must:

     (i) Comply with the requirements of WAC 296-800-280, Basic electrical rules, including wiring, switches, controls, motors, and lights.

     (ii) Have appropriate overload protection devices for all electric motors and generators.

     (iii) Be electrically bonded with electrical generators, motors, proportioning devices, and all other electrical enclosures.

     (iv) Have grounding conductors effectively bonded to:

     (A) The service entrance ground connection

     OR

     (B) All equipment ground connections in a manner to provide a continuous path to ground

     (4) Mixing facility fire prevention. Mixing facilities must comply with these fire prevention requirements:

     (a) All direct sources of heat must only come from units located outside of the mixing building.

     (b) A daily visual inspection must be made of the mixing, conveying, and electrical equipment to make sure they are in good operating condition.

     (c) A systematic maintenance program must be conducted on a regular schedule.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-67165, filed 1/23/02, effective 3/1/02.]

Note 1:

Components storage.

((Any two components when mixed, and become capable of detonation by a #6 detonator, must be stored in separate locked containers or a licensed, approved magazine.)) Any two components which when mixed and become capable of detonation by a #8 detonator must be stored in a licensed approved magazine. Each component of two component explosives when unmixed must be stored in separate locked containers.

Note 2:

Electro magnetic radiation precautions.

Blasting operations or storage of electrical detonators are prohibited in the area of operation radio frequency (RF) transmitter stations except where the clearances (WAC 296-52-67060, Extraneous electricity and radio frequency (RF) transmitters) can be observed.

Note 3:

Detonators, electric detonators, detonating primers, and primed cartridges.

Detonators, electric detonators, detonating primers, and primed cartridges cannot be stored together or in the same magazine with other explosives.

Note 4:

Ammonium perchlorate rocket motors.

((Ammonium perchlorate rocket motors in weighing more than 62.5 grams but not more than 50 pounds total weight explosives, may be stored in an attached garage of a single family residence if the living area is separated by a fire wall with a one-hour minimum fire resistance.)) Ammonium perchlorate rocket motors in 62.5 grams amounts or greater, but not to exceed fifty pounds in total weight of explosives, may be stored in an attached garage of a single-family residence if the living area is separated by a fire wall with one-hour minimum fire resistance.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69020, filed 1/23/02, effective 3/1/02.]

     • A permanent structure such as:

     – A building

     – An igloo

     – An army-type structure

     – A tunnel

     OR

     – A dugout

     • Bullet resistant, fire resistant, weather resistant, theft resistant, and well ventilated.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70005, filed 1/23/02, effective 3/1/02.]

     • Be constructed of masonry, wood, metal, or a combination of these materials

     • Have no openings except for entrances and ventilation

     • Have the ground around the facility slope away for drainage

     (1) Wall construction.

     (a) Masonry wall construction. Masonry wall construction must:

     • Consist of brick, concrete, tile, cement block, or cinder block

     • Be at least eight inches thick

     (b) Hollow masonry construction. Hollow masonry construction must:

     • Have all hollow spaces filled with well tamped coarse dry sand

     OR

     • Have weak concrete (a mixture of one part cement to eight parts sand with enough water to dampen the mixture) while tamping in place

     AND

     • Have interior walls covered with a nonsparking material

     (c) Fabricated metal wall construction.

     • Metal wall construction must be securely fastened to a metal framework and consist of one of the following types of metal:

     – Sectional sheets of steel (at least number 14 gauge)

     OR

     – Aluminum (at least number 14 gauge)

     • Metal wall construction must:

     – Be lined with brick, solid cement blocks, and hardwood at least four inches thick or material of equivalent strength

     – Have a minimum of six-inch sand fill between interior and exterior walls

     – Have interior walls constructed of or covered with a nonsparking material

     (d) Wood frame wall construction.

     • Exterior wood walls must be covered with iron or aluminum at least number 26 gauge

     • Inner walls, made of nonsparking materials must be constructed with a space:

     – A minimum of six inches between the outer and inner walls

     AND

     – Filled with coarse dry sand or weak concrete

     (2) Floors. Floors must be:

     (a) Constructed of a nonsparking material.

     (b) Strong enough to hold the weight of the maximum quantity to be stored.

     (3) Foundation.

     • Foundations must be constructed of brick, concrete, cement block, stone, or wood posts

     • If piers or posts are used instead of a continuous foundation, the space under the building must be enclosed with metal

     (4) Roof.

     (a) Roofs must be covered with no less than number 26 gauge iron or aluminum fastened to a 7/8-inch sheathing, except for buildings with fabricated metal roofs.

     (b) If it is possible for a bullet to be fired directly through the roof at such an angle that it would strike a point below the top of the inner walls, storage facilities must be protected by one of the following two methods:

     • A sand tray must be:

     – Located at the top of the inner wall covering the entire ceiling area, except the area necessary for ventilation.

     – Lined with a layer of building paper.

     – Filled with at least four inches of coarse dry sand.

     • A fabricated metal roof must be constructed of 3/16-inch plate steel lined with four inches of hardwood or material of equivalent strength. For each additional 1/16-inch of plate steel, the hardwood or material of equivalent strength lining may be decreased one inch.

     (5) Doors and hinges.

     (a) All doors must be constructed of 1/4-inch plate steel and lined with two inches of hardwood or material of equivalent strength.

     (b) Hinges and hasps must be installed so they cannot be removed when the doors are closed and locked by:

     • Welding

     • Riveting

     OR

     • Bolting nuts on the inside of the door

     (6) Locks.

     (a) Each door must be equipped with:

     • Two mortise locks

     • Two padlocks fastened in separate hasps and staples

     • A combination of a mortise lock and a padlock

     • A mortise lock that requires two keys to open

     OR

     • A three-point lock

     (b) Padlocks must:

     • Have a minimum of five tumblers

     • Have a case hardened shackle at least 3/8 inches in diameter

     • Be protected with a minimum of 1/4-inch steel hoods, constructed to prevent sawing or lever action on the locks, hasps, and staples

Note:

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be operated from the outside.

     (7) Ventilation.

     • A two-inch air space must be left around ceilings and the perimeter of floors, except in doorways

     • Foundation ventilators must be at least four inches by six inches

     • Vents in the foundation, roof, or gables must be screened and offset

     (8) Exposed metal.

     • Sparking metal construction cannot be exposed below the tops of walls in storage facilities

     • All nails must be blind nailed, countersunk, or nonsparking.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-073, § 296-52-70010, filed 3/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70010, filed 1/23/02, effective 3/1/02.]

     • Be constructed of reinforced concrete, masonry, metal, or a combination of these materials

     • Have an earth mound covering of at least twenty-four inches on the top, sides, and rear unless the magazine meets the requirements of WAC 296-52-70010 (4)(b), Building construction for roofs

     • Have interior walls and floors covered with a nonsparking material

     • Be constructed according to the requirements of WAC 296-52-70005, ((Class)) Type 1 magazines: Permanent storage facilities, through WAC 296-52-70060, Construction.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70015, filed 1/23/02, effective 3/1/02.]

     • Be a box, trailer, semi-trailer, or other mobile facility. When an unattended vehicular magazine is used, the wheels must be removed or it must be effectively immobilized by kingpin locking devices or other methods approved by the department

     • Be bullet resistant, fire resistant, weather resistant, theft resistant, and well ventilated

     • Be a minimum of one cubic yard

     • Be supported to prevent direct contact with the ground

     • Have the ground around the magazine slope away for drainage or provide for other adequate drainage.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70020, filed 1/23/02, effective 3/1/02.]

     (a) The exterior and doors must be constructed of at least 1/4-inch steel and lined with a minimum of ((two)) three-inch hardwood.

     (b) Magazines with top openings must have lids with water resistant seals or lids that overlap the sides by a minimum of one inch when closed.

     (2) Hinges and hasps. Hinges and hasps must be installed so they cannot be removed when the doors are closed and locked by:

     • Welding

     • Riveting

     OR

     • Bolting nuts on the inside of the door

     (3) Locks.

     (a) Each door must be equipped with:

     • Two mortise locks

     • Two padlocks fastened in separate hasps and staples

     • A combination of mortise lock and a padlock

     • A mortise lock that requires two keys to open

     OR

     • A three-point lock

     (b) Padlocks must have:

     • A minimum of five tumblers and a case hardened shackle with a minimum of 3/8-inch diameter

     • A minimum of 1/4-inch steel hoods constructed to prevent sawing or lever action on the locks, hasps, and staples

Note:

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be operated from the outside.

     (4) Ventilation.

     • A two-inch air space must be left around ceilings and the perimeter of floors, except at doorways

     • Foundation ventilators must be at least four inches by six inches

     • Vents in the foundation, roof, or gables must be screened and offset

     (5) Exposed metal.

     • Sparking metal cannot be exposed below the top of walls in the storage facilities

     • All nails must be blind nailed, countersunk, or nonsparking

Note:	The following are nonmandatory construction alternatives for magazine exteriors:
	– All steel and wood dimensions shown are actual thickness
	– The manufacturer's represented thickness may be used to meet the concrete block and brick dimensions.

     • 3/16-inch steel lined with an interior of 4-inch hardwood.

     • 3/16-inch steel lined with:

     An interior of 7 inches of softwood

     OR

     6 3/4 inches of plywood.

     • 3/16-inch steel lined with:

     An intermediate layer of 3-inch hardwood

     AND

     An interior lining of 3/4-inch plywood.

     1/8

     • 1/8-inch steel lined with an interior of 5-inch hardwood.

     • 1/8-inch steel lined with an interior of 9-inch softwood.

     • 1/8-inch steel lined with:

     An intermediate layer of 4-inch hardwood

     AND

     An interior lining of 3/4-inch plywood.

     • 1/8-inch steel lined with:

     A first intermediate layer of 3/4-inch plywood.

     A second intermediate layer of 3 5/8 inches well-tamped dry sand

     OR

     Sand/cement mixture.

     An interior lining of 3/4-inch plywood.

     • 5/8-inch steel lined with an interior of any type of nonsparking material.

     • 1/2-inch steel lined with an interior of at least 3/8-inch plywood.

     • 3/8-inch steel lined with an interior of 2-inch hardwood.

     • 3/8-inch steel lined with an interior of:

     3 inches softwood

     OR

     2 1/4 inches of plywood.

     • 1/4-inch steel lined with:

     An interior of 5 inches of softwood

     OR

     5 1/4 inches of plywood.

     • Any type of structurally sound fire resistant material lined with:

     An intermediate layer of 4-inch solid concrete block

     OR

     4-inch solid brick or concrete

     AND

     An interior lining of 1/2-inch plywood placed securely against the masonry lining.

     • Standard 8-inch concrete block with voids filled with well tamped sand/cement mixture.

     • Standard 8-inch solid brick.

     • Any type of structurally sound fire resistant material lined with an intermediate 6-inch space filled with:

     Well tamped dry sand

     OR

     Well tamped sand/cement mixture.

     • Any type of fire resistant material lined with:

     A first intermediate layer of 3/4-inch plywood,

     A second intermediate layer of 3 5/8-inch well tamped dry sand

     OR

     Sand/cement mixture,

     A third intermediate layer of 3/4-inch plywood,

     A fourth intermediate layer of 2-inch hardwood

     OR

     14 gauge steel and an interior lining of 3/4-inch plywood,

     8-inch thick solid concrete.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70025, filed 1/23/02, effective 3/1/02.]

     • Detonators in quantities of one thousand or less

     • Ammonium perchlorate rocket motors in 62.5 gram amounts or greater, but not to exceed fifty pounds in total weight of explosives.

     OR

     • Diversionary devices intended for law enforcement use only, but not to exceed fifty pounds in total weight of explosives.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70030, filed 1/23/02, effective 3/1/02.]

     (2) Hinges and hasps must be attached so they cannot be removed from the outside.

     (3) One steel padlock, which does not need to be protected by a steel hood, having a minimum of five tumblers and a case hardened shackle of a minimum of 3/8-inch diameter is sufficient for locking purposes.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70040, filed 1/23/02, effective 3/1/02.]

     • Be a building, an igloo, an army-type structure, a tunnel, a dugout, a box, a trailer, semi-trailer, or other mobile facility

     • Be fire resistant, weather resistant, and theft resistant

     • Have the ground around the facility slope away for drainage

     • Have the wheels removed or effectively immobilized by kingpin locking devices or other methods approved by the department, when an unattended vehicular magazine is used.

Note:

Test results show that electric detonators are not affected by sympathetic detonation. Therefore, a ((Class)) Type 4 storage facility meets the necessary requirements for storage of electric detonators.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70045, filed 1/23/02, effective 3/1/02.]

     (2) Foundations. Foundations must be constructed of:

     • Brick

     • Concrete

     • Cement block

     • Stone

     • Metal

     OR

     • Wood posts

     (3) The space under the building must be enclosed with fire resistant material, if piers or posts replace continuous foundation.

     (4) The walls and floors must be made or covered with a nonsparking material or lattice work.

     (5) Doors must be metal or solid wood covered with metal.

     (6) Hinges and hasps must be installed so they cannot be removed when the doors are closed and locked by:

     • Welding

     • Riveting

     OR

     • Bolting nuts on the inside of the door

     (7) Locks.

     (a) Each door must be equipped with:

     • Two mortise locks

     • Two padlocks fastened in separate hasps and staples

     • A combination of a mortise lock and a padlock

     • A mortise lock that requires two keys to open

     OR

     • A three-point lock

     (b) Padlocks must:

     • Have a minimum of five tumblers

     • Have a case hardened shackle of a minimum of 3/8-inch diameter

     • Be protected with a minimum of 1/4-inch steel hoods constructed to prevent sawing or lever action on the locks, hasps, and staples.

Note:

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be operated from the outside.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70050, filed 1/23/02, effective 3/1/02.]

     • Be a building, an igloo, an army-type structure, a tunnel, a dugout, a box, or a trailer, semi-trailer, or other mobile facility

     • Be weather resistant and theft resistant

     • Have the ground around the facility slope away for drainage

     • Have the wheels removed or be effectively immobilized by kingpin locking devices or other methods approved by the department, when the unattended vehicular magazine is used.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70055, filed 1/23/02, effective 3/1/02.]

     (2) Hinges and hasps must be installed so they cannot be removed when the doors are closed and locked by:

     • Welding

     • Riveting

     OR

     • Bolting nuts on the inside of the door

     (3) Locks.

     (a) Each door must be equipped with:

     • Two mortise locks

     • Two padlocks fastened in separate hasps and staples

     • A combination of a mortise lock and a padlock

     • A mortise lock that requires two keys to open

     OR

     • A three-point lock

     (b) Padlocks must have:

     • A minimum of five tumblers

     • A case hardened shackle of a minimum of 3/8-inch diameter

     • Padlocks must be protected with a minimum of 1/4-inch steel hoods constructed to prevent sawing or lever action on the locks, hasps, and staples.

Note:

Trailers, semi-trailers, and similar vehicular magazines. Each door may be locked with one 3/8-inch diameter steel padlock and does not need to be protected by a steel hood, if the door hinges and lock hasp are securely fastened to the magazine and to the doorframe. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be operated from the outside.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70060, filed 1/23/02, effective 3/1/02.]

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-06-073, § 296-52-71020, filed 3/4/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-71020, filed 1/23/02, effective 3/1/02.]

     (2) Private car. No more ((then)) than five pounds of black powder is permitted. No restrictions apply.

     (3) Dealer's warehouse. No more ((then)) than twenty-five pounds of black powder is permitted. Black powder must be stored in an appropriate container or cabinet, which is securely locked.

     (4) Magazine. Quantities of black powder, as used in muzzleloading firearms, in excess of twenty-five pounds must be stored in licensed magazines (see Storage licensing, WAC 296-52-660, Storage of explosive materials, WAC 296-52-690, and Magazine construction, WAC 296-52-700).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-71080, filed 1/23/02, effective 3/1/02.]

Note:

The sample blast record format is nonmandatory, but the information shown in the sample is required per WAC 296-52-67010(8), Blast records.

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-725, filed 1/23/02, effective 3/1/02.]

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