WSR 14-08-024 PERMANENT RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed March 24, 2014, 10:48 a.m., effective May 1, 2014] Effective Date of Rule: May 1, 2014.
Purpose: This rule making adopts the amendment to chapter 296-52 WAC, Safety standards for possession and handling of explosives, to permit local law enforcement tactical response teams to store and transport explosive actuated tactical devices in accordance with Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations and rulings.
The Washington state legislature mandates that the division of occupational safety and health enact these rules. SSB 5264 directs the department to amend these rules. During the 2013 session, the legislature amended state law regarding the Washington State Explosives Act to exclude 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 ATF.
Citation of Existing Rules Affected by this Order: Amending WAC 296-52-60020.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and 70.74..020 [70.74.020].
Adopted under notice filed as WSR 13-24-094 on December 3, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 24, 2014.
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 06-19-074, filed 9/19/06, effective 12/1/06)
WAC 296-52-60020 Exemptions.
(1) The following are exempt from this chapter:
(a) Explosives or blasting agents transported by railroad, water, highway, or air under the jurisdiction of the Federal Department of Transportation (DOT), the Washington state utilities and transportation commission, and the Washington state patrol.
(b) Laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if the quantity does not exceed one pound.
(c) Explosives in the forms prescribed by the official United States Pharmacopoeia.
(d) The transportation, storage, and use of explosives or blasting agents in the normal and emergency operations of:
• The 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
• The duly authorized militia of any state
• The emergency operations of any state department or agency, any police, or any municipality or county
(e) A hazardous devices technician when they are carrying out:
• Normal and emergency operations
• Handling evidence
• Operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive materials
• When conducting training and whose employer possesses the minimum safety equipment prescribed by the Federal Bureau of Investigation (FBI) for hazardous devices work
(f) The importation, sale, possession, and use of fireworks, signaling devices, flares, fuses, and torpedoes.
(g) Reserved.
(h) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent.
(i) 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.
(2) Noncommercial military explosives. Storage, handling, and use of noncommercial military explosives are exempt from this chapter while they are under the control of the United States government or military authorities.
(3) Import, sale, possession, or use of:
• Consumer fireworks
• Signaling devices
• Flares
• Fuses
• Torpedoes
(4) Consumer fireworks. Fireworks classified as Division 1.4 explosives by U.S. DOT and regulated through the state fireworks law (chapter 70.77 RCW) and the fireworks administrative code (chapter 212-17 WAC) by the Washington state fire marshal.
(5) Partial exemption—Division 1.1, 1.2, or 1.3 display fireworks. Display fireworks are fireworks classified as Division 1.1, 1.2, or 1.3 explosives by US DOT. Users of Division 1.1, 1.2, or 1.3 display fireworks must comply with all storage or storage related requirements (for example, licensing, construction, and use) of this chapter.
(6) Conditional exemption small arms explosive materials. Public consumers possessing and using:
• Black powder, under five pounds
• Smokeless powder, under fifty pounds
• Small arms ammunition
• Small arms ammunition primers
– Unless these materials are possessed or used illegally or for a purpose inconsistent with small arms use.
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