H-4642.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2240

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Sterk, Robertson, L. Thomas, Delvin and Carlson)

Read first time 01/26/96.

Providing additional exemptions from state law for the handling of hazardous devices.

     AN ACT Relating to hazardous devices; and amending RCW 70.74.191.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.74.191 and 1993 c 293 s 5 are each amended to read as follows:

     The laws contained in this chapter and ((the ensuing)) regulations prescribed by the department of labor and industries pursuant to this chapter shall not apply to:

     (1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the Washington state utilities and transportation commission, and the Washington state patrol;

     (2) The laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;

     (3) Explosives in the forms prescribed by the official United States Pharmacopoeia;

     (4) The transportation, storage, and use of explosives or blasting agents in the normal and emergency operations of federal agencies and departments including the regular United States military departments on military reservations, or the duly authorized militia of any state or territory, or to emergency operations of any state department or agency, any police, or any municipality or county;

     (5) A hazardous devices technician when carrying out normal and emergency operations, handling evidence, and operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive material or when conducting training and whose employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous devices work.  For purposes of this section, a hazardous devices technician is a person who is a graduate of the federal bureau of investigation hazardous devices school and who is employed by a state, county, or municipality;

(6) The importation, sale, possession, and use of fireworks, signaling devices, flares, fuses, and torpedoes;

     (((6))) (7) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel.  However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries; and

     (((7))) (8) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent than this chapter.

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