WSR 10-18-080

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 31, 2010, 3:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-14-104.

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

Hearing Location(s): Department of Labor and Industries Building, Room S117, 7273 Linderson Way S.W., Tumwater, WA, on October 18, 2010, at 10 a.m.

Date of Intended Adoption: November 30, 2010.

Submit Written Comments to: Devin Proctor, Project Manager, Department of Labor and Industries, P.O. Box 44620, Olympia, WA 98507-4620, e-mail prof235@lni.wa.gov, fax (360) 902-5529, by October 18, 2010.

Assistance for Persons with Disabilities: Contact Beverly Clark by October 4, 2010, TTY (360) 902-5516 or clah235@lni.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is adding language to require those who store explosives to notify their local fire safety authority every year. Currently, notification is required on the first day that the explosive materials are stored. Notification to the local fire safety authority is not required until the explosives are moved. This rule making would make notification an annual event. Prior to this change, explosives could be left in one location for years and only one notification to local fire safety authorities was required.

Language will be added to chapter 296-52 WAC that requires those who store explosives to notify their local fire authority every year.

Amending WAC 296-52-69040, added the requirement to notify your local fire safety authority "In writing when an explosive storage license is renewed."

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 70.74.020.

Statute Being Implemented: Chapters 49.17 and 70.74 RCW.

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

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

ECONOMIC ANALYSES REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURE ACT: This cost-benefit analysis, prepared in compliance with the Administrative Procedure Act (APA), chapter 34.05 RCW, covers the assumed benefits and costs of the proposed rule changes set forth under chapter 296-52 WAC.

DESCRIPTION OF THE PROPOSED RULE CHANGE: This rule making updates the requirement of annual notification for explosives storage. Under the proposed rule, any person who stores explosives is required to notify the local fire safety authority in writing, when an explosive storage license is renewed.

PROBABLE COSTS OF THE PROPOSED RULE CHANGE: There is only one change being proposed in this rule making: The rule requires any person who stores explosives notify the local fire safety authority in writing each year at the time of license renewal. To meet this requirement, these persons only need to make a copy of the written material they already have and send it to the authority, by mail or fax. Besides, this document is supposed to be very short, one page in most cases, as it is required to contain three pieces of basic information only. Therefore, the total annual costs relating to the printing and sending of this document are expected to be very minimal and negligible.

PROBABLE BENEFITS OF THE PROPOSED RULE CHANGE: The purpose of this rule change is to help fire safety authority keep good track of the explosives storage and raise the awareness of securing explosives. This annual notification is necessary to prevent or reduce the possibility of any potential explosives accidents that will pose great danger to public safety.

COST-BENEFIT DETERMINATION: The proposed rule change imposes very minimal costs on the persons it affects. At the same time, the new requirement helps promote public safety relating to explosives storage. For these reasons, the probable benefits of this rule change exceed the very minimal costs.

A copy of the statement may be obtained by contacting Devin Proctor, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5541, fax (360) 902-5619, e-mail prof235@lni.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. There are no costs to assess within these rule amendments.

August 31, 2010

Judy Schurke

Director

OTS-3487.1


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

WAC 296-52-69040   Notification of fire safety authority.   Any person who stores explosive material must notify the local fire safety authority, who has jurisdiction over the area where the explosive material is stored.

(1) The local fire safety authority must be notified:

Orally, on the first day explosive materials are stored

In writing, within forty-eight hours, from the time the explosive material was stored

In writing when an explosive storage license is renewed.

(2) The notification must include the following for each site where explosive material is stored:

Type of explosives

Magazine capacity

Location.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-69040, filed 1/23/02, effective 3/1/02.]

Washington State Code Reviser's Office