Z-182 _______________________________________________
HOUSE BILL NO. 740
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Representatives Crane, Holm and R. King; by request of Department of Labor and Industries
Read first time 2/6/87 and referred to Committee on Judiciary.
AN ACT Relating to explosives; amending RCW 70.74.010, 70.74.030, 70.74.061, 70.74.110, 70.74.130, and 70.74.135; adding new sections to chapter 70.74 RCW; repealing RCW 70.74.137, 70.74.140, 70.74.142, 70.74.220, and 70.74.290; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 111, Laws of 1931 as last amended by section 5, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.010 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
The terms "authorized", "approved" or "approval" shall be held to mean authorized, approved, or approval by the department of labor and industries.
The term "blasting agent" shall be held to mean and include any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, and in which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a No. 8 test blasting cap.
The term "department" means the department of labor and industries.
The term "director" means the director of the department of labor and industries or the director's designee.
The term "explosive" or "explosives" whenever used in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. In addition, the term "explosives" shall include all material which is classified as class A, class B, and class C explosives by the federal department of transportation: PROVIDED, That for the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives.
Classification of explosives shall include but not be limited to the following:
CLASS A EXPLOSIVES: (Possessing detonating hazard) dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder exceeding five pounds, blasting caps in quantities of 1001 or more, and detonating primers.
CLASS B EXPLOSIVES: (Possessing flammable hazard) propellant explosives, including smokeless propellants exceeding fifty pounds.
CLASS C EXPLOSIVES: (Including certain types of manufactured articles which contain class A or class B explosives, or both, as components but in restricted quantities) blasting caps in quantities of 1000 or less.
The term "explosive-actuated power devices" shall be held to mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices.
The term "magazine", shall be held to mean and include any building or other structure, other than a factory building, used for the storage of explosives.
The term "inhabited building", shall be held to mean and include only a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.
The term "explosives manufacturing plant" shall be held to mean and include all lands, with the buildings situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.
The term "explosives manufacturing building", shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.
The term "railroad" shall be held to mean and include any steam, electric, or other railroad which carries passengers for hire.
The term "highway" shall be held to mean and include any public street, public alley, or public road.
The term "efficient artificial barricade" shall be held to mean an artificial mound or properly revetted wall of earth of a minimum thickness of not less than three feet or such other artificial barricade as approved by the department of labor and industries.
The term "person" shall be held to mean and include any individual, firm, copartnership, corporation, company, association, joint stock association, and including any trustee, receiver, assignee, or personal representative thereof.
The term "dealer" shall be held to mean and include any person who purchases explosives or blasting agents for the sole purpose of resale, and not for use or consumption.
The term "forbidden or not acceptable explosives" shall be held to mean and include 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.
The term "handloader" shall be held to mean and include any person who engages in the noncommercial assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder, and projectiles into cartridge cases.
The term "handloader components" means small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as used in muzzle loading firearms not exceeding five pounds.
The term "fuel" shall be held to mean and include a substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion.
The term "motor vehicle" shall be held to mean and include any self-propelled automobile, truck, tractor, semi-trailer or full trailer, or other conveyance used for the transportation of freight.
The term "natural barricade" shall be held to mean and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum thickness of not less than three feet.
The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.
The term "propellant-actuated power device" shall be held to mean and include any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
The term "public conveyance" shall be held to mean and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.
The term "public utility transmission system" shall mean power transmission lines over 10 KV, telephone cables, or microwave transmission systems, or buried or exposed pipelines carrying water, natural gas, petroleum, or crude oil, or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal, or other publicly owned systems.
The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting agents.
The term "pyrotechnics" shall be held to mean and include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks.
The term "small arms ammunition" shall be held to mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, incendiary, tracer, spotting, or pyrotechnic projectiles is excluded from this definition.
The term "small arms ammunition primers" shall be held to mean small percussion-sensitive explosive charges encased in a cup, used to ignite propellant powder and shall include percussion caps as used in muzzle loaders.
The term "smokeless propellants" shall be held to mean and include solid chemicals or solid chemical mixtures in excess of fifty pounds which function by rapid combustion.
The term "user" shall be held to mean and include any natural person, manufacturer, or blaster who acquires, purchases, or uses explosives as an ultimate consumer or who supervises such use.
Words used in the singular number shall include the plural, and the plural the singular.
Sec. 2. Section 5, chapter 111, Laws of 1931 as last amended by section 7, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.030 are each amended to read as follows:
All
explosive manufacturing buildings and magazines in which explosives or blasting
agents except small arms ammunition and smokeless powder are had, kept, or
stored, must be located at distances from inhabited buildings, railroads,
highways, and public utility transmission systems in conformity with the ((following
quantity and distance tables, and these tables shall be the basis on which
applications for license for storage shall be made and license for storage
issued, as provided in RCW 70.74.110 and 70.74.120. All distances prescribed
in the following quantity and distance tables are unbarricaded, and, if there
is an efficient artificial barricade or a natural barricade between the
explosives manufacturing building or magazine and another explosives manufacturing
building or magazine, building, railroad, highway, or public utility
transmission system, the distance prescribed in the following quantity and
distance tables may be reduced by one-half. Blasting and electric blasting
caps in strength through No. 8 must be rated as one and one-half pounds of
explosives per one thousand caps. Blasting and electric blasting caps of
strength higher than No. 8 must be computed on the combined weight of
explosives.
The
quantity and distance table governing the manufacture, keeping and storage of
explosives to be as follows:
QUANTITY AND DISTANCE TABLE
@p1!tm2,1,1,1
!tj3!tcColumn!sc ,0014
!tj3!tcDistance
!tj1!tcColumn
!tj1!tcfrom
!tj1!tc2 !tcColumn
!tcNearest
!tcColumn!sc ,0011
!tcDistance !tc3 !tcHighway
!tcQuantity!sc
,001that !tcfrom !tcDistance !tcand!sc ,001Public
!tcmay!sc ,001be!sc
,001had, !tcNearest!tcFrom !tcUtility
!tckept!sc ,001or!sc
,001stored !tcInhabited !tcNearest !tcTransmission
!tj1!tcBuilding
!tcRailroad !tcSystem
!tcEXPLOSIVES
!tp2,3,3,3,3,1
!trPounds !trPounds
!trOver !trNot!sc
,001Over !trFeet !trFeet !trFeet
!w
!tr2 !tr5 !tr140
!tr60 !tr60
!tr5 !tr10 !tr180
!tr70 !tr70
!tr10 !tr20 !tr220
!tr90 !tr90
!tr20 !tr30 !tr250
!tr100 !tr100
!tr30 !tr40 !tr280
!tr110 !tr110
!tr40 !tr50 !tr300
!tr120 !tr120
!tr50 !tr75 !tr340
!tr140 !tr140
!tr75 !tr100 !tr380
!tr150 !tr150
!tr100 !tr125 !tr400
!tr160 !tr160
!tr125 !tr150 !tr430
!tr170 !tr170
!tr150 !tr200 !tr470
!tr190 !tr190
!tr200 !tr250 !tr510
!tr210 !tr210
!tr250 !tr300 !tr540
!tr220 !tr220
!tr300 !tr400 !tr590
!tr240 !tr240
!tr400 !tr500 !tr640
!tr260 !tr260
!tr500 !tr600 !tr680
!tr270 !tr270
!tr600 !tr700 !tr710
!tr290 !tr290
!tr700 !tr800 !tr750
!tr300 !tr300
!tr800 !tr900 !tr780
!tr310 !tr310
!tr900 !tr1,000
!tr800 !tr320 !tr320
!tr1,000 !tr1,200
!tr850 !tr340 !tr330
!tr1,200 !tr1,400
!tr900 !tr360 !tr340
!tr1,400 !tr1,600
!tr940 !tr380 !tr350
!tr1,600 !tr1,800
!tr980 !tr390 !tr360
!tr1,800 !tr2,000
!tr1,010 !tr410 !tr370
!tr2,000 !tr2,500
!tr1,090 !tr440 !tr380
!tr2,500 !tr3,000
!tr1,160 !tr470 !tr390
!tr3,000 !tr4,000
!tr1,270 !tr510 !tr420
!tr4,000 !tr5,000
!tr1,370 !tr550 !tr450
!tr5,000 !tr6,000
!tr1,460 !tr590 !tr470
!tr6,000 !tr7,000
!tr1,540 !tr620 !tr490
!tr7,000 !tr8,000
!tr1,600 !tr640 !tr500
!tr8,000 !tr9,000
!tr1,670 !tr670 !tr510
!tr9,000 !tr10,000
!tr1,730 !tr690 !tr520
!tr10,000 !tr12,000
!tr1,750 !tr740 !tr540
!tr12,000 !tr14,000
!tr1,770 !tr780 !tr550
!tr14,000 !tr16,000
!tr1,800 !tr810 !tr560
!tr16,000 !tr18,000
!tr1,880 !tr840 !tr570
!tr18,000 !tr20,000
!tr1,950 !tr870 !tr580
!tr20,000 !tr25,000
!tr2,110 !tr940 !tr630
!tr25,000 !tr30,000
!tr2,260 !tr1,000 !tr680
!tr30,000 !tr35,000
!tr2,410 !tr1,050 !tr720
!tr35,000 !tr40,000
!tr2,550 !tr1,100 !tr760
!tr40,000 !tr45,000
!tr2,680 !tr1,140 !tr800
!tr45,000 !tr50,000
!tr2,800 !tr1,180 !tr840
!tr50,000 !tr55,000
!tr2,920 !tr1,220 !tr880
!tr55,000 !tr60,000
!tr3,030 !tr1,260 !tr910
!tr60,000 !tr65,000
!tr3,130 !tr1,290 !tr940
!tr65,000 !tr70,000
!tr3,220 !tr1,320 !tr970
!tr70,000 !tr75,000
!tr3,310 !tr1,350 !tr1,000
!tr75,000 !tr80,000
!tr3,390 !tr1,380 !tr1,020
!tr80,000 !tr85,000
!tr3,460 !tr1,410 !tr1,040
!tr85,000 !tr90,000
!tr3,520 !tr1,440 !tr1,060
!tr90,000 !tr95,000
!tr3,580 !tr1,460 !tr1,080
!tr95,000 !tr100,000 !tr3,630
!tr1,490 !tr1,090
!tr100,000 !tr110,000
!tr3,670 !tr1,540 !tr1,100
!tr110,000 !tr120,000
!tr3,710 !tr1,580 !tr1,110
!tr120,000 !tr130,000
!tr3,750 !tr1,620 !tr1,120
!tr130,000 !tr140,000
!tr3,780 !tr1,670 !tr1,130
!tr140,000 !tr150,000
!tr3,800 !tr1,700 !tr1,140
!tr150,000 !tr160,000
!tr3,870 !tr1,740 !tr1,160
!tr160,000 !tr170,000
!tr3,930 !tr1,780 !tr1,180
!tr170,000 !tr180,000
!tr3,980 !tr1,810 !tr1,200
!tr180,000 !tr190,000
!tr4,020 !tr1,840 !tr1,210
!tr190,000 !tr200,000
!tr4,060 !tr1,870 !tr1,220
!tr200,000 !tr210,000
!tr4,110 !tr1,910 !tr1,240
!tr210,000 !tr230,000
!tr4,200 !tr1,960 !tr1,270
!tr230,000 !tr250,000 !tr4,310 !tr2,020 !tr1,300
!tr250,000 !tr275,000 !tr4,430 !tr2,080 !tr1,340
!tr275,000 !tr300,000 !tr4,550 !tr2,150 !tr1,380))
@h3!te@p0 quantity and distance tables adopted by the department by rule. The department shall adopt those quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines those tables to be inappropriate. The tables shall be the basis on which applications for storage license are made and storage licenses issued as provided in RCW 70.74.160 and 70.74.120.
Sec. 3. Section 11, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.061 are each amended to read as follows:
Magazines
containing blasting caps and electric blasting caps shall be separated from
other magazines containing like contents, or from magazines containing
explosives by distances ((based on the following:
(1)
Blasting caps in strengths through No. 8 should be rated at one and one-half
pounds of explosive per one thousand caps;
(2) For
strengths higher than No. 8, use the total combined weight of explosives;
(3)
Magazines in which explosives are kept and stored shall be detached from other
structures and separated from other magazines in conformity with the quantity
and distance table set forth below:
QUANTITY AND DISTANCE TABLE FOR SEPARATION BETWEEN MAGAZINES CONTAINING
EXPLOSIVES
@p1!tm1,1 !tj1!tcSeparation
!tj1!tcDistance!sc ,001in!sc ,001Feet
!tj1!tcBetween!sc ,001Magazines
!tm1,1,1,1 !tcPounds !tcPounds !tcNot
!tcOver !tcNot!sc ,001Over !tcBarricaded !tcBarricaded
!w
!tp4,6,6,6,3 !tr2 !tr5 !tr12 !tr6
!tr5 !tr10 !tr16 !tr8
!tr10 !tr20 !tr20 !tr10
!tr20 !tr30 !tr22
!tr11
!tr30 !tr40 !tr24
!tr12
!tr40 !tr50 !tr28
!tr14
!tr50 !tr75 !tr30
!tr15
!tr75 !tr100 !tr32
!tr16
!tr100 !tr125 !tr36
!tr18
!tr125 !tr150 !tr38
!tr19
!tr150 !tr200 !tr42
!tr21
!tr200 !tr250 !tr46
!tr23
!tr250 !tr300 !tr48
!tr24
!tr300 !tr400 !tr54
!tr27
!tr400 !tr500 !tr58
!tr29
!tr500 !tr600 !tr62
!tr31
!tr600 !tr700 !tr64
!tr32
!tr700 !tr800 !tr66
!tr33
!tr800 !tr900 !tr70
!tr35
!tr900 !tr1,000 !tr72
!tr36
!tr1,000 !tr1,200
!tr78 !tr39
!tr1,200 !tr1,400
!tr82 !tr41
!tr1,400 !tr1,600
!tr86 !tr43
!tr1,600 !tr1,800
!tr88 !tr44
!tr1,800 !tr2,000
!tr90 !tr45
!tr2,000 !tr2,500
!tr98 !tr49
!tr2,500 !tr3,000
!tr104 !tr52
!tr3,000 !tr4,000
!tr116 !tr58
!tr4,000 !tr5,000
!tr122 !tr61
!tr5,000 !tr6,000
!tr130 !tr65
!tr6,000 !tr7,000
!tr136 !tr68
!tr7,000 !tr8,000
!tr144 !tr72
!tr8,000 !tr9,000
!tr150 !tr75
!tr9,000 !tr10,000
!tr156 !tr78
!tr10,000 !tr12,000
!tr164 !tr82
!tr12,000 !tr14,000
!tr174 !tr87
!tr14,000 !tr16,000
!tr180 !tr90
!tr16,000 !tr18,000
!tr188 !tr94
!tr18,000 !tr20,000
!tr196 !tr98
!tr20,000 !tr25,000
!tr210 !tr105
!tr25,000 !tr30,000
!tr224 !tr112
!tr30,000 !tr35,000
!tr238 !tr119
!tr35,000 !tr40,000
!tr248 !tr124
!tr40,000 !tr45,000
!tr258 !tr129
!tr45,000 !tr50,000
!tr270 !tr135
!tr50,000 !tr55,000
!tr280 !tr140
!tr55,000 !tr60,000
!tr290 !tr145
!tr60,000 !tr65,000
!tr300 !tr150
!tr65,000 !tr70,000
!tr310 !tr155
!tr70,000 !tr75,000
!tr320 !tr160
!tr75,000 !tr80,000
!tr330 !tr165
!tr80,000 !tr85,000
!tr340 !tr170
!tr85,000 !tr90,000
!tr350 !tr175
!tr90,000 !tr95,000
!tr360 !tr180
!tr95,000 !tr100,000
!tr370 !tr185
!tr100,000 !tr110,000
!tr380 !tr195
!tr110,000 !tr120,000
!tr410 !tr205
!tr120,000 !tr130,000
!tr430 !tr215
!tr130,000 !tr140,000
!tr450 !tr225
!tr140,000 !tr150,000
!tr470 !tr235
!tr150,000 !tr160,000
!tr490 !tr245
!tr160,000 !tr170,000
!tr510 !tr255
!tr170,000 !tr180,000
!tr530 !tr265
!tr180,000 !tr190,000
!tr550 !tr275
!tr190,000 !tr200,000
!tr570 !tr285
!tr200,000 !tr210,000
!tr590 !tr295
!tr210,000 !tr230,000
!tr630 !tr315
!tr230,000 !tr250,000 !tr670 !tr335
!tr250,000 !tr275,000 !tr720 !tr360
!tr275,000 !tr300,000 !tr770 !tr385))
!te@p0set in the quantity and distance tables adopted by the department by rule. The department shall adopt those quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines those tables to be inappropriate. The tables shall be the basis on which applications for storage license are made and storage licenses issued as provided in RCW 70.74.160 and 70.74.120.
NEW SECTION. Sec. 4. A new section is added to chapter 70.74 RCW to read as follows:
(1) The director shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks may be required of its present and any subsequent officers, managers, and stockholders who hold ten percent or more of the total issued and outstanding stock of the applicant corporation if such persons have not previously had their fingerprints recorded with the department. In the case of a partnership, fingerprinting and criminal history record information checks may be required of all general partners. Such fingerprints as are required by the department shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director such criminal record information as the director may request. The applicant shall give full cooperation to the department and shall assist the department in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a minimal fee to the agency which performs the fingerprinting and criminal history process.
(2) The director shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license has been suspended during such suspension nor to any person whose license has been revoked, except as provided in section 5 of this act;
(c) Any person who has been convicted in this state or elsewhere of a crime involving violence or moral turpitude, or a drug or alcohol related offense, unless the drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director may issue a license if the person suffering a drug or alcohol related dependency is participating in an alcoholism or drug recovery program acceptable to the department and has established control of their alcohol or drug dependency. The director shall require the applicant to provide proof of such participation and control; or
(d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency.
(3) The director may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.
NEW SECTION. Sec. 5. A new section is added to chapter 70.74 RCW to read as follows:
(1) The department shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:
(a) A crime involving violence;
(b) A crime involving moral turpitude, especially perjury or the making of a false affidavit or statement under oath to the department in an application or report made pursuant to this title;
(c) A drug or alcohol related offense, unless such drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department and has established control of their alcohol or drug dependency. The department shall require the licensee to provide proof of such participation and control.
(2) The department is authorized to suspend, for a period of time not to exceed six months, and/or impose a civil penalty of up to five thousand dollars, the license of any person who the department reasonably believes unlawfully manufactured, purchased, sold, used, or stored explosives.
(3) Upon receipt of notification by the department of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.
Sec. 6. Section 11, chapter 111, Laws of 1931 as last amended by section 13, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.110 are each amended to read as follows:
All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on the date when this 1969 amendatory act takes effect, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after this act takes effect shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:
(1) Location of place of manufacture or processing;
(2) Kind of explosives manufactured, processed or used;
(3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to manufacture explosives;
(6) The applicant's citizenship, if the applicant is an individual;
(7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;
(8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and
(9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.
There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of said inspector furnish the following information:
(a) The maximum amount and kind of explosive material which is or will be present in each building at one time.
(b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.
The
department of labor and industries shall as soon as may be after receiving such
application cause an inspection to be made of the explosives manufacturing
plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and
RCW 70.74.061, such department ((shall)) may issue a license to
the person applying therefor showing compliance with the provisions of this
chapter((, unless)) if the department ((shall)) finds
that the applicant or the officers, agents or employees of the applicant are ((not))
sufficiently experienced in the manufacture of explosives((, have been
convicted of a crime involving moral turpitude, or are disloyal to the United
States)) and the applicant meets the qualifications for a license under
section 4 of this 1987 act. Such license shall continue in full force and
effect until ((surrendered or canceled, because of failure to comply with
any of the conditions necessary for the granting of a license)) expired
or revoked by the department pursuant to this chapter.
Sec. 7. Section 3, chapter 101, Laws of 1941 as amended by section 16, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.130 are each amended to read as follows:
Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:
(1) The name and address of applicant;
(2) The reason for desiring to engage in the business of dealing in explosives;
(3) Citizenship, if an individual applicant;
(4) If a partnership, the names and addresses of the partners and their citizenship;
(5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and
(6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.
The
department of labor and industries ((shall)) may issue the
license applied for ((unless)) if the department finds that
either the applicant or any of the officers, agents or employees of the
applicant are ((not sufficiently)) experienced in the business of
dealing in explosives((, lack)) and possess suitable facilities
therefor((, have been convicted of a crime involving moral turpitude, or are
disloyal to the United States. Said license may be canceled for any cause that
would prevent the initial issuance thereof)).
Sec. 8. Section 18, chapter 137, Laws of 1969 ex. sess. as last amended by section 7, chapter 302, Laws of 1971 ex. sess. and RCW 70.74.135 are each amended to read as follows:
All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:
(1) The location where explosives are to be used;
(2) The kind and amount of explosives to be used;
(3) The name and address of the applicant;
(4) The reason for desiring to use explosives;
(5) The citizenship of the applicant if the applicant is an individual;
(6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;
(7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and
(8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.
The
department ((of labor and industries shall)) may issue the
license applied for ((unless)) if the department finds that
either the applicant or ((any of)) the officers, agents or employees of
the applicant are ((not)) sufficiently experienced in the use of
explosives((, lack suitable facilities therefor, have been convicted of a
felony involving force or violence, or are disloyal to the United States. Said
license may be canceled for any cause that would prevent the initial issuance
thereof; or for any violation of this chapter)) to authorize a purchase
license. However, no purchaser's license may be issued to any person who
cannot document proof of possession or right to use approved and licensed
storage facilities unless the person signs a statement certifying that
explosives will not be stored.
NEW SECTION. Sec. 9. A new section is added to chapter 70.74 RCW to read as follows:
Every person applying for a manufacturer's, dealer's, purchaser's, user's, or storage license, or renewal of such a license, shall pay a fee as set by the director. No license may be effective longer than one year unless designated to have a longer duration by the department. The license fees shall accompany the application and shall be transmitted by the department to the state treasurer.
NEW SECTION. Sec. 10. A new section is added to chapter 70.74 RCW to read as follows:
(1) It is unlawful for any person to manufacture, purchase, sell, use, or store any explosive without having a validly issued license from the department, which license has not been revoked or suspended. Violation of this section is a gross misdemeanor.
(2) Upon notice from the department or any law enforcement agency having jurisdiction, a person manufacturing, purchasing, selling, using, or storing any explosive without a license shall immediately surrender any and all such explosives to the department or to the respective law enforcement agency.
(3) At any time that the director requests the surrender of explosives from any person pursuant to subsection (2) of this section, the director may in addition request the attorney general to make application to the superior court of the county in which the unlawful practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
NEW SECTION. Sec. 11. A new section is added to chapter 70.74 RCW to read as follows:
The director shall make, adopt, modify, and repeal such rules as are necessary to effect the provisions of this chapter after a public hearing in conformance with this chapter and the administrative procedure act, chapter 34.04 RCW. Appeals from the enforcement of any revocation, suspension, or civil penalty imposed by the department pursuant to this chapter shall be to the board of industrial insurance appeals through the procedures set forth in chapter 49.17 RCW.
NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:
(1) Section 2, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.137;
(2) Section 13, chapter 111, Laws of 1931, section 15, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.140;
(3) Section 1, chapter 88, Laws of 1972 ex. sess. and RCW 70.74.142;
(4) Section 17, chapter 111, Laws of 1931, section 7, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.220; and
(5) Section 252, chapter 249, Laws of 1909, section 25, chapter 137, Laws of 1969 ex. sess. and RCW 70.74.290.