WSR 01-16-145

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 1, 2001, 9:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-21-060.

Purpose: Changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives.

Federal-initiated amendments relating to chapter 296-52 WAC, Safety standards for possession and handling of explosives, are being proposed as a result of an Occupational Safety and Health Administration (OSHA) letter dated October 23, 1997. Upon federal review, the state standard was found to be not at least as effective as the federal rule in regard to black powder and blasting caps.

We are also proposing state-initiated amendments to chapter 296-52 WAC in response to industry request. In 1999, workers in the explosive industry formally asked the department to consider updating and revising the worker safety and health rules that regulate the explosive industry. Industry requested the department to establish the rules for air blast and ground vibration to meet the national standards and to rewrite the licensing requirements for better clarity.

The department convened a group of industry stakeholders to undertake the review of chapter 296-52 WAC. The stakeholders addressed the OSHA letter and their concerns, through assisting in the rewriting of the standard. The rule was rewritten by simplifying the language of the rules and organizing them for ease of use. The proposed amendments are at least as effective as the federal standard.

WAC 296-52-401 Scope and application.

The requirements in this section have been moved to WAC 296-52-600.
This section has been repealed.
WAC 296-52-405 Incorporation of standards of national organizations and federal agencies.

The requirements in this section have been moved to WAC 296-52-60125.
This section has been repealed.
WAC 296-52-409 Variance and procedure.

The requirements in this section have been moved to WAC 296-52-60120.
This section has been repealed.
WAC 296-52-413 Equipment approval by nonstate agency or organization.

This section has been repealed.
WAC 296-52-417 Definitions.

The requirements in this section have been moved to WAC 296-52-60130.
This section has been repealed.
WAC 296-52-419 Basic legal obligations.

The requirements in this section have been moved to WAC 296-52-60040.
This section has been repealed.

WAC 296-52-421 Licenses -- Information verification.

The requirements in this section have been moved to WAC 296-52-61010.
This section has been repealed.
WAC 296-52-423 Revoking or suspending licenses.

The requirements in this section have been moved to WAC 296-52-60060.
This section has been repealed.
WAC 296-52-425 Dealer's license.

The requirements in this section have been moved to WAC 296-52-620.
This section has been repealed.
WAC 296-52-429 License for manufacturing.

The requirements in this section have been moved to WAC 296-52-610.
This section has been repealed.
WAC 296-52-433 Purchaser's license.

The requirements in this section have been moved to WAC 296-52-630.
This section has been repealed.
WAC 296-52-437 User's (blaster's) license.

The requirements in this section have been moved to WAC 296-52-640.
This section has been repealed.
WAC 296-52-441 Storage magazine license requirements.

The requirements in this section have been moved to WAC 296-660.
This section has been repealed.
WAC 296-52-445 License and inspections.

The requirements in this section have been moved to WAC 296-52-610 through 296-52-660.
This section has been repealed.
WAC 296-52-449 Storage magazine license fee.

The requirements in this section have been moved to WAC 296-52-61020.
This section has been repealed.
WAC 296-52-453 Construction of magazines.

The requirements in this section have been moved to WAC 296-52-700.
This section has been repealed.
WAC 296-52-457 Storage of caps with other explosives prohibited.
The requirements in this section have been moved to WAC 296-52-690.
This section has been repealed.
WAC 296-52-461 Storage of explosives.

The requirements in this section have been moved to WAC 296-52-690.
This section has been repealed.
WAC 296-52-465 Storage of ammonium nitrate.

The requirements in this section have been moved to WAC 296-52-69095.
This section has been repealed.
WAC 296-52-469 Storage of blasting agents and supplies.

The requirements in this section have been moved to WAC 296-52-69090.
This section has been repealed.
WAC 296-52-477 Quantity and distance table for separation between magazines.

The requirements in this section have been moved to WAC 296-52-69100.
This section has been repealed.
WAC 296-52-481 Recommended separation distances of ammonium nitrate and blasting agents.

The requirements in this section have been moved to WAC 296-52-69115.
This section has been repealed.
WAC 296-52-485 Quantity and distance tables for manufacturing buildings.

The requirements in this section have been moved to WAC 296-52-69120.
This section has been repealed.
WAC 296-52-487 Low explosives.

The requirements in this section have been moved to WAC 296-69125.
This section has been repealed.
WAC 296-52-489 Transportation.

The requirements in this section have been moved to WAC 296-52-680.
This section has been repealed.
WAC 296-52-493 Use of explosives and blasting agents.

The requirements in this section have been moved to WAC 296-52-670.
This section has been repealed.
WAC 296-52-497 Blasting agents.

The requirements in this section have been moved to WAC 296-52-67120.
This section has been repealed.
WAC 296-52-501 Water gel (slurry) explosives and blasting agents.
The requirements in this section have been moved to WAC 296-52-67150.
This section has been repealed.
WAC 296-52-505 Coal mining code unaffected.

This section has been repealed.
WAC 296-52-509 Small arms ammunitions, primers, propellants and other black powder.

The requirements in this section have been moved to WAC 296-52-670.
This section has been repealed.
WAC 296-52-510 Explosives at piers, railways stations, and cars or vessels not otherwise specified in this standards.

The requirements in this section have been moved to WAC 296-52-710.
This section has been repealed.
WAC 296-52-550 Appendix I -- IME two-compartment transportation units (mandatory).

This section has been repealed, the requirements can be found in IME publication number 22. The department does not regulate IME regulations.
WAC 296-52-552 Appendix II -- Radio frequency warning signs (mandatory).
The requirements in this section have been moved to WAC 296-52-67060.
This section has been repealed.
WAC 296-52-555 Appendix III -- ATF regulations.

This section has been repealed.
WAC 296-52-600 Purpose, Scope, and Application.

Moved requirements relating to:

Exemptions;
State and local government jurisdictions;
Basic legal obligations;
Drug use;
License revocation, suspension, and surrender;
Basic hazard precautions;
Violation appeals;
Firearms;
Fire; and
Definitions.
The proposal adds:

Requirements extending licensing periods one to two years.
The licensing fees reflect the proposed two-year licensing period.
WAC 296-52-610 Explosive licensing.

Moved requirements relating to:

Types of explosive licenses;
Applicant information;
Fees;
Verification of applicant information;
Applicant participation;
Criminal records;
Applicant disqualifications;
Term of license; and
License renewal.
The proposal adds:

Requirements for licensing.
WAC 296-52-620 Dealer's license.

Moved requirements relating to:

Applicant information;
Conditions of a dealer's license;
Prohibited sale/display areas;
Container labeling;
Authorized agent information;
Verification of customer identity; and
Recordkeeping and reporting.
WAC 296-52-630 Purchaser's license.

Moved requirements relating to:

Applicant information;
Conditions of a purchaser's license;
Authorized agents;
Explosives order deliveries; and
Notification -- Blaster changes.
WAC 296-52-640 Blaster's license.

Moved requirements relating to:

License classifications;
General qualifications;
Classification qualifications;
Applicant information;
License limitations;
Blaster in charge responsibilities; and
License renewal.
The proposal adds:

Requirements for blaster's license classifications, qualification requirements, license renewal for list A and B classifications, and renewal for list C classifications.
WAC 296-52-650 Manufacturer's license.

Moved requirements relating to:

Applicant information;
Application inspection; and
Site plan.
WAC 296-52-660 Storage license.

Moved requirements relating to:

Applicant information;
Application inspection;
Demonstration of handling and storage experience;
Conditions of storage license;
Mobile storage sites;
Moving, altering, or destroying a licensed magazine;
Transfer or lease of a magazine or mobile storage site; and
Reporting changes in conditions.
The proposal adds:

The option to allow a mobile storage "site" to be licensed.
WAC 296-52-670 Use of explosive materials.

Moved requirements relating to:

Blaster in charge responsibilities;
General use requirements;
Extraneous electricity and radio frequency (RF) transmitters;
Vibration and damage control;
Storage at blast sites;
Blast area precautions;
Drilling;
Loading blast holes;
Initiation systems;
Use of safety fuse with detonators;
Use of detonating cord;
Firing the blast;
Precautions after firing;
Excavation work in pressurized air locks;
Blasting agents;
Transportation, storage, and use;
Fixed location mixing;
Bulk delivery/mixing vehicles;
Bulk storage bins;
Transportation of blasting agents;
Water-Gel and emulsion explosives and blasting agents;
Fixed location mixing;
Bulk delivery/mixing vehicles;
Underwater blasting operations;
Underground blasting operations;
Separation distance: Electrical storms;
Electric initiating systems;
High speed tunneling: Central primer house; and
Sample format for a blast record, nonmandatory.
The proposal adds:

The blaster in charge responsibilities by consolidating them into one location. Some new responsibilities are added for clarification purpose only.
Requirements for vibration, flyrock, and air blast from the April 1996 institute of makers of explosives (IME) safety library publication #3 are added.
Requirements from the IME nonelectrical initiation-system requirements.
Requirements for notifying local jurisdictions when storing explosives, this requirements is equal to BATF.
Requirements to limit reporting to misfires "not cleared."
Requirements in a nonmandatory appendix, which contains relevant issues that should be considered by local jurisdictions developing blasting ordinances.
WAC 296-52-680 Transportation of explosives materials.

Moved requirements relating to:

Safety precautions;
Transportation of workers;
Cargo;
Transportation vehicles;
Open top vehicles;
Vehicle placards;
Vehicle fire protection;
Operation of vehicles transporting explosives;
Transporting detonators and explosives in the same vehicle;
Underground blasting operations;
Notification -- Hoist operator; and
Underground transportation.
The proposal adds:

Fire safety requirements for vehicles transporting explosives.
WAC 296-52-690 Storage of explosive material.

Moved requirements relating to:

Detonators;
Exempt explosives;
Storage facilities;
Quantity and distance tables;
Storage within magazines;
Storage limits, notification of fire safety authority;
Magazine repairs;
Inventory;
Inspection;
Surrounding area precautions;
Deteriorated explosives;
Explosives recovered from misfires;
Theft or loss;
Blast site storage;
Multiple magazines;
Blasting agents and supplies; and
Ammonium nitrate.
The proposal amends:

Requirements for Table H-20 to be identical to BATF regulations.
WAC 296-52-700 Magazine construction.

Moved requirements relating to:

Magazine construction;
Class 1 Magazine: Permanent storage facilities;
Class 2 Magazine: Portable field storage;
Class 3 Magazine: Indoor storage facilities;
Storage facilities for detonators;
Class 4 Magazine: Blasting agent, low explosive, or electric detonator storage facilities;
Class 5 Magazine: Blasting agent storage facilities;
Explosives day box;
Detonator day box;
Heating systems;
NFPA heating system requirements; and
Lighting.
WAC 296-52-710 Miscellaneous.

Moved requirements relating to:

Exemptions;
Ammunition;
Small arms smokeless propellants;
Small arms ammunition primers;
Black powder;
Explosives at piers, railway stations, railway cars, and vessels not otherwise specified in this chapter;
Railway cars; and
Appendix A, sample explosives -- Blasting ordinance for local jurisdictions, nonmandatory.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

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

Name of Proponent: Department of Labor and Industries, governmental.

Rule is necessary because of federal law, 29 C.F.R. 1910.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

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

Small Business Economic Impact Statement

Introduction: The Department of Labor and Industries is proposing new requirements for chapter 296-52 WAC, Safety standards for possession and handling of explosives. These requirements were developed as a result of an explosive-industry request to the Governor's Office to update existing blasting requirements due to concerns related to significant population growth in suburban and rural areas where blasting occurs. Industry management, labor representatives, department representatives, and other regulatory agencies (such as the State Fire Marshall) developed the proposal, which primarily updates the standard to current industry practices and national consensus standards. While a number of changes are being proposed the most significant changes are to the blasting record and IME vibration, flyrock and airblast requirements. In addition, licensing requirements for blasters and explosives purchasers are being increased. Finally, the rule will be updated to incorporate clear rule-writing practices. The rule changes are summarized below.

Summary of the Proposed Explosives Rule:

Licensing Periods/Fees. Licensing periods have been extended from one to two years. The licensing fees specified in the proposal are unchanged, but do reflect the proposed two-year licensing period.

Licensing Requirements for Black Powder. Any person who sells black powder must be a licensed dealer.

BATF Requirements. New BATF final-rule amendments are added.

Blaster Licensing:

(1) Deletion: Remove language indicating firms, partnerships, and corporations may be issued licenses.

(2) Blaster's License Classifications: The new blaster classifications table separates blaster classifications into three distinct qualification groups. These groups are designated List A, B, and C.

List A classifications: Agriculture, avalanche control, explosives disposal, forestry (includes logging, trail building, and tree topping), industrial ordinance, seismographic, transmissions systems, and well drilling.
List B classifications: Demolition, surface blasting (includes construction, quarry, and surface mining), underground blasting, and other.
List C classifications: Law enforcement (bomb disposal and illegal explosives and fireworks disposal) and unlimited (all classifications except law enforcement and underground blasting).
(3) Qualification Requirements:

(a) List A Classification Qualifications. To be considered for a blaster's license limited to one or more classification in List A only, an applicant must have a minimum of forty hours training. The training must be accrued during the previous six years and include either:

Eight hours basic blaster safety classroom training and thirty-two hours specific field experience under a qualified blaster, or
Sixteen hours basic blaster safety classroom training and twenty-four hours specific field training experience under a qualified blaster, or
Twelve months of documented experience in the specific classification(s) being applied for.
(b) List B Classification Qualifications. To be considered for a blaster's license, which includes one or more classification in List B, the applicant must have either:

Eighteen months of documented blasting experience which includes at least twelve months of documented experience in List A and six months documented blasting experience in each classification being applied for in List B, or
Twelve months of documented blasting experience in the last six years in the specific classification being applied for in List B.
Note: List B, up to eighty hours of classroom training may be substituted hour for hour for field experience.

(c) List C Classification Qualifications.

Unlimited. To be considered for an unlimited license, the applicant must submit a detailed resume which documents:
- Experience in the majority of the classifications in Lists A and B.
- At least five years of continuous full-time blasting experience in the explosives industry where blasting has been the applicant's primary responsibility the previous five years.
Law Enforcement. To be considered for a law enforcement classification, the applicant must submit a certificate of graduation from the FBI Redstone Arsenal Training Center at Redstone, Alabama.
(4) License Renewal - List A and B Classifications.

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

Blasting experience by providing at least two blast records accrued during the last two years, OR
Successful completion of sixteen hours of basic-blaster's classroom training. The blasting course instructor must witness the documentation submitted.
(b) List A or B applicants who do not meet the minimum licensing qualifications, experience, or training requirements:

May take a written exam.
Must pass a written department exam to qualify for a blaster's license.
(5) Renewal - List C Classifications.

(a) Unlimited Classification. To be considered for a renewal of an unlimited license, an applicant must submit a detailed resume, which documents:

Experience in the majority of the classifications in List A and List B accrued during the previous two years.
A continuation of full-time blasting experience in the explosives industry, where blasting has been the applicant's primary responsibility during the previous two years.
(b) Law Enforcement Classification. To be considered for a renewal of a law enforcement classification, an applicant must submit a detailed resume, which documents:

Continuous employment as a law enforcement bomb technician during the previous two years OR
Successful completion of sixteen hours of bomb-technician classroom training. The course instructor must witness the documentation submitted.
Blaster-in-Charge Responsibilities. Blaster-in-charge responsibilities are consolidated into one location. Some new responsibilities are added for clarification purposes only.

Blaster-in-charge responsibilities include (but are not limited to) (1) - (8) below. The blaster in charge must:

(1) License: Carry a current license with the appropriate blaster classification for the type of blasting being performed.

(2) Compliance: Comply with all federal, state, and local government regulations.

(3) Reasonable Precautions: Use every reasonable precaution to ensure the safety of the general public and workers. Reasonable precautions include (but are not limited to) the use of blast area surveys, warning signals, flags and barricades, and blasting mats or other suitable protective material.

(4) Professional Judgment: Exercise and apply independent professional judgment regarding blasting activities when compliance with instructions from others could result in an illegal act, or effect of the blast.

(5) Blast Operation: Control blast-area activities during blast operations. Blast-area activities include (but are not limited to) items (a) through (g) below. The blaster in charge must:

(a) Conduct all blast operations regardless of the type of blasting being performed.

(b) Control activities associated with a blast.

(c) Supervise all on-site transportation, storage, loading, and firing of explosives.

(d) Notify nearby jurisdictions when blasting may impact those jurisdictions.

(e) Personnel and observers.

Designate safe locations for personnel during actual blasting.
Designate a method to determine when all personnel are accounted for in designated safe locations.
Ensure blast observers are able to communicate with the blaster in charge.
(f) Means-of-egress: Ensure all potential blast-site area means-of-egress are under observation immediately prior to each blast.

(g) Loading and detonation.

Distribute explosives in the shot.
Be present when a charge is detonated.
Personally detonate the charge or give an order to a designated blaster to detonate the charge.
(6) Notification - Blast Incidents: Notify the department within twenty-four hours when:

(a) A misfire is not cleared.

(b) Vibration and air-blast limits cause injury or property damage.

(c) Flyrock causes injury or property damage.

(7) Blast Records (see below).

(a) Complete and sign a blast record for each blast.

(b) Ensure blast records are available for inspection.

(8) Other Responsibilities: Comply with any other responsibilities identified throughout this chapter.

Blast Record Documentation. Requirements for a blast plan are deleted and replaced with new requirements for maintenance of a blast record. Record retention requirements are increased from three to five years. All blast records must contain the following minimum information:

(1) Name of the company or contractor.

(2) Exact location of the blast.

(3) Date and time of detonation.

(4) Name, signature, and license number of the blaster in charge.

(5) Type of material blasted.

(6) Types of explosives used.

(7) Number of holes, burden, and spacing.

(8) Diameter and depth of holes.

(9) Total amount of each type of explosives used.

(10) Maximum amount of explosives per delay period within eight milliseconds.

(11) Maximum number of holes per delay period within eight milliseconds.

(12) Method of firing.

(13) Type of circuit.

(14) Direction, distance in feet, and identification of the nearest dwelling, house, public building, school, church, or commercial/institutional building not owned or leased by the blaster in charge conducting the blasting.

(15) Weather conditions.

(16) Type and height (or length) of stemming.

(17) A statement indicating whether blast mats or other flyrock protection were used.

(18) Type of initiation system used.

(19) Type of delay periods used.

(20) Seismograph records and readings (only if required or used). Seismograph records and readings must accurately identify the:

(a) Name of the person and business analyzing the seismograph record.

(b) Exact location of the seismograph.

(c) Distance of the seismograph from the blast.

(21) Sketch of the blast pattern. The sketch must include the:

(a) Number of holes.

(b) Burden.

(c) Spacing distance delay pattern.

(22) Sketch of the hole profile if decking was used.

(23) General comments, which include (but are not limited to):

(a) Unusual conditions/situations during the blast.

(b) The calculated scale distance number.

(c) Misfires.

Mobile-Storage Site Licensing. An option is added to allow a mobile storage "site" to be licensed. The fee table is amended to include mobile sites. The ability to license a site rather than a mobile facility allows the company to license either one and is an option rather than a new fee.

Transportation Vehicle - Fire Safety. Fire safety requirements for vehicles transporting explosives are updated to current Uniform Fire Code standards.

Vibration and Damage Control. Vibration, flyrock, and airblast requirements from the April 1996 Institute of Makers of Explosives (IME) safety library publication (#3) are added*.

Nonelectrical Initiation Systems. IME non-electrical initiation-system requirements are added*.

Notification Requirements. The following notification requirements are added:

1. Blasting operations must notify nearby jurisdictions when blasting could have an impact on the jurisdiction.

2. Existing BATF fire safety notification requirements for storage of explosive materials are added.

3. Vibration and air-blast (exceeding limits) that can cause injury or property damage must be reported to the department.

4. Flyrock, which causes injury or property damage, must be reported to the department.

Misfires. Misfire notification requirements are amended to limit reporting to misfires "not cleared."

Sample Blasting Ordinance. This new non-mandatory appendix contains relevant issues that should be considered by local jurisdictions developing blasting ordinances.

Quantity and Separation Distance Tables. Table H-20 is amended to be identical to BATF regulations. "Recommended" is deleted from the title of Table H-22 since these distances have historically been required and are not optional.

Appendices. Appendix I (illustrations deleted) and II are incorporated into the standard. Appendix III is deleted since the information exists in BATF regulations.

Small Business Economic Impact Statement (SBEIS): The Regulatory Fairness Act, chapter 19.85 RCW, requires that the economic impact of proposed regulations on small businesses be examined relative to their impact on large businesses. The act outlines the requirements for a small business economic impact statement (SBEIS). For the purposes of an SBEIS the term small business is defined as a business entity that has the purpose of making a profit and has fifty or fewer employees. The agency must prepare an SBEIS when a proposed rule, or rule amendments, have the potential of placing a more than minor economic impact on business. The Guide for Facilitating Regulatory Fairness (1993) lists the minor impact costs thresholds from $50 to $288 (1990 dollars) per business. These values are calculated as 0.1% of profits for a business of fifty employees. The results in Table 5 and 6 below reveal that the total compliance costs created by proposed changes to chapter 296-52 WAC exceed the minor cost threshold, indicating that an SBEIS analysis is necessary.

Employer Survey: To assess the financial impact of the proposed amendments to chapter 296-52 WAC, the agency conducted a mail cost survey of businesses employing personnel that use explosives. A total of two hundred surveys were sent from a mailing list representing the blasting industry. A total of forty-eight surveys were returned, of which forty-seven were useable, giving a response rate of 24%. For a survey of this type, a 24% response rate should be considered excellent. Of those responding 83% were classified as small businesses and 17% as large.

The survey contained a brief description of the proposed rule change and more detailed descriptions of the proposed changes thought to have potential cost impacts on businesses. The survey questions focused on time and cost for current blaster qualification/training anticipated qualification/training under the proposed rule changes and costs to comply with the blast record and IME requirements. Table 1 below summarizes the respondent population and the current number of hours spent in class and field training.


Table 1: Survey Response Information

Category All Business Small Business Large Business
Response rate 24% -- --
Number 47 39 8
Number Blasters 110 52 58
Number Purchasers 95 52 43
Class training time (hr) 9.6 9.5 9.6
Field training time (hr) 12.9 17.1 9.0
Current training cost (per emp) $905 $612 $1,168
*Weighted averages for training time and cost.
Even though small businesses dominate in numbers (39 vs. 8), the large businesses employ nearly the same number (101 vs. 104 explosives employees) of blasters and explosive purchasers. Large businesses report slightly more class training time (9.6 vs. 9.5) and significantly less field training time (9.0 vs. 17.0) than small businesses. The (weighted) average training cost per employee is significantly higher for large businesses at $1,168 versus $612 for small businesses.


Businesses were surveyed about meeting the new training/qualification, blast record, and IME requirements. Table 2 below summarizes these results.


Table 2: Percent Requiring Training or Meeting Blast Record and IME Requirements

Category All Business Small Business Large Business
Business requiring addl. training 23 17 6
Percent bus. need addl. training 50% 44% 75%
Individuals need training 56 22 34
Percent ind. requiring addl. training 27% 21% 34%
Meet blast record req. 16 13 3
Percent meet blast record req. 38% 38% 38%
Meet IME req. 31 26 5
Percent meet IME req. 79.5% 78.8% 83.3%

Half of the businesses surveyed felt that they would need to supply additional training in order to meet the qualification requirements of the proposed rules. However, only 27% (21% for small and 34% for large) of individual blasters/purchasers actually need additional training to meet the new qualification requirements. Less than half of businesses surveyed (38%) meet the blast record requirement, while 80% businesses meet the IME requirements.

Data: As is often the case with survey data of this type, compliance costs estimates for a select item (explosives training for an individual) can vary widely. Some of this variance reflects real differences in perceived compliance costs, but misinformed responses or strategic responses often cloud survey data. In the explosives survey estimates of new training costs (those reporting new costs) for blasters ranged from $500 to $5,000. Estimates for current training costs (those reporting training costs) were even more varied, ranging from $175 to $25,000. Compliance cost estimates for the other two requirements of the proposed rule (blast record and IME requirements) also varied widely. Two techniques are frequently used to adjust data when misinformed or strategic responses are in evidence. The first approach is to make an upper bound estimate for the question at hand. The other approach is referred to as alpha-trimming and involves removing an equal number of high and low responses from the data set prior to analysis. Both techniques were utilized in the analysis of the cost data from the explosive users survey. The results derived from using an upper bound are referred to as "adjusted results"; results from the alpha-trimming approach are referred to as "trimmed results."

For the adjusted results upper bound limits for training costs were established by surveying the costs of current training courses: See Appendix A. Additional costs for travel and meals were included in the estimate. The upper bound (maximum) training cost was determined to be $2,000. All values in excess of this amount were replaced with the upper bound value of $2,000. In the case of the alpha trimming, three high and three low values were excluded from the data set prior to analysis.

The adjusted result compliance costs for the components of the proposed rule are shown in Table 3 below.


Table 3: Component Compliance Costs Using Adjusted Results

Category All

Business

 Small Business Large Business
Current training cost (per blaster) $905 $612 $1,168
Business w/new training expenditures 34% 28% 63%
Net new training cost (per blaster) $512 $391 $620
Blast record compliance cost $965 $432 $3,444
IME compliance cost $180 $182 $150

Table 3 reveals that both current and anticipated additional new training costs, on a per blaster basis, are greater for large businesses. Maintaining blast records will be significantly more expensive for large business ($3,444 vs. $432), although this is likely to be due to the greater number of blasts carried out by these businesses. Complying with the IME requirements will be approximately the same for large and small businesses ($150 vs. $182).

The trimmed result compliance costs for the components of the proposed rule are shown in Table 4 below.


Table 4: Component Compliance Costs Using Trimmed Results

Category All

Business

 Small Business Large Business
Current training cost (per blaster) $740 $648 $841
Business w/new training expenditures 28% 23% 57%
Net new training cost (per blaster) $395 $327 $461
Blast record compliance cost $826 $233 $3,929
IME compliance cost $141 $132 $171

The results of the trimmed data analysis in Table 4 are very similar to the adjusted data analysis in Table 3 above. Net new training costs and blast record compliance costs are higher for large businesses, while IME costs are roughly the same for the two size categories. Comparing Tables 3 and 4 we can see that the estimated net new training costs are lower using the data trimming approach ($395 vs. $512).

Total compliance costs for the proposed rule consist of the individual compliance cost for qualification and training requirements, compliance costs for meeting the blast record requirements, and the costs for meeting the IME requirements. Qualification and training costs are anticipated to occur once every several years. As a conservative measure these costs were distributed over a four year time period. Total compliance costs were determined on per business, per employee, per blaster, and a per blast basis. The total compliance costs as determined using the adjusted data set are shown in Table 5 below.


Table 5: Estimated Total Compliance Costs Using Adjusted Data Set

Category All Business Small Business Large Business
Cost per business $1,646 $866 $5,446
Cost per employee $20 $156 $12
Cost per blaster $377 $325 $431
Cost per blast $34 $28 $42
Cost per blast - imputed $29 $21 $42

As expected average total compliance costs are significantly higher for large businesses ($5,446 vs. $866). When examined on a per employee basis the relationship changes and costs are much higher for small businesses ($156 vs. $12), which is most probably the result of the larger businesses having a significant number of employees that are not involved in explosives work. If compliance costs are determined on the basis of those involved in working directly with explosives, compliance is somewhat more expensive for the larger businesses ($431 vs. $325). Expressing the estimated compliance cost on a per blast basis reveals higher costs for large business ($42 vs. $28). Because three respondents did not report the number of blasts per year, the cost per blast estimate in Table 5 is high. To more accurately assess the cost per blast, the number of blasts for the three respondents was imputed based on the reported number of blasters and explosive purchasers. The cost per blast, inclusive of the imputed blast events, is $42 for large business and $21 for small business.

The total compliance costs as determined using the trimmed data approach are shown in Table 6 below.


Table 6: Estimated Total Compliance Costs Using Trimmed Data Set

Category All Business Small Business Large Business
Cost per business $1,281 $542 $5,503
Cost per employee $16 $115 $10
Cost per blaster $294 $194 $414
Cost per blast $27 $18 $38
Imputed cost per blaster $21 $12 $38

Assessing total compliance costs using the trimmed data set approach provides much the same pattern as seen in Table 5. It should be noted that total estimated compliance costs determined using the data trimming approach are somewhat lower than using the adjusted data set approach: Cost per blaster $294 vs. $377, cost per blast $21 vs. $29.

Conclusions: The results presented in the previous section indicate that anticipated compliance cost for the proposed explosive safety standard rule will impose a more than minor impact on businesses. The survey reveals compliance costs of $194 for small business and $414 for large business expressed on per blaster basis: See Table 6. The survey results allow the department to conclude that there will not be a disproportionate impact on small business, and that mitigation steps are not required.

A copy of the statement may be obtained by writing to Greg Nothstein, Economic Analyst, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, phone (360) 902-6805, fax (360) 902-4202.

RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does apply to these rule amendments because they increase requirements and it does not meet the exempt criteria outlined in RCW 34.05.328(5).

Hearing Location: Department of Labor and Industries Building, 7273 Linderson Way S.W., Tumwater, WA 98501, on September 25, 2001, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Sally Elliott by September 5, 2001, at (360) 902-5484.

Submit Written Comments to: Sally Elliott, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on October 2, 2001.

In addition to written comments, the department will accept comments submitted to fax (360) 902-5529 and e-mail yous235@lni.wa.gov. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: November 7, 2001.

August 1, 2001

Gary Moore

Director

OTS-4920.3

Chapter 296-52 WAC

SAFETY STANDARDS FOR POSSESSION, HANDLING, AND USE OF EXPLOSIVES

PART A

PURPOSE, SCOPE, AND APPLICATION
NEW SECTION
WAC 296-52-600   Purpose, scope, and application.  

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NEW SECTION
WAC 296-52-60005   Implementation of the Washington State Explosives Act.   Chapter 296-52 WAC (Washington Administrative Code), Safety standards for possession, handling, and use of explosives, implements the Washington State Explosives Act (chapter 70.74 RCW (Revised Code of Washington)).

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NEW SECTION
WAC 296-52-60010   Purpose and intent.   The purpose and intent of the RCW and WAC is to define minimum requirements for the prevention and control of hazards relating to possession, handling, and use of explosives to:

Protect the safety and health of the general public;

Protect the safety and health of explosive industry employees covered under the Washington Industrial Safety and Health Act (chapter 49.17 RCW); and

Assist, support, and promote development, achievement, and maintenance of a safe and healthy explosives use environment in the state of Washington.

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NEW SECTION
WAC 296-52-60015   Coverage.   The Washington State Explosives Act and administrative code applies to:

Any person, partnership, company, corporation, government agency, or other entity;

All aspects of explosives, blasting agents, and pyrotechnics:

Manufacture;

Sale;

Possession;

Purchase;

Use;

Storage; and

Transportation; and

Display fireworks.

Note: Class A and B display fireworks are partially exempt from the requirements of this chapter (WAC 296-52-60020(5)).

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NEW SECTION
WAC 296-52-60020   Exemptions.   (1) Exemptions specified in RCW 70.74.191. RCW 70.74.191 identifies those instances and actions exempt from the requirements of the Washington State Explosives Act.

(2) Noncommercial military explosives. Storage, handling, and use of noncommercial military explosives are exempt from the requirements of 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; and

Torpedoes.

(4) Class C consumer fireworks.

(a) Exempt from the requirements of this chapter.

(b) Fireworks classified as Class C explosives by U.S. DOT (International Designation 1.4) 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.

Note: Consumer fireworks are classified as fireworks UN0336 and UN0337 by U.S. DOT (49 CFR 72.101).
(5) Partial exemption - Class A and B display fireworks. Display fireworks are fireworks classified as Class A or B explosives by U.S. DOT (International Designations 1.1, 1.2, or 1.3). Users of Class A and B display fireworks must comply with all storage or storage related (e.g., licensing, construction, and use) requirements of this chapter.

Note: Display fireworks are classified as fireworks UN0333, UN0334, or UN0335 by U.S. DOT (49 CFR 172.101).
(6) Conditional exemption small arms explosive materials. Public consumers possessing and using:

Back powder, under five pounds;

Smokeless powder, under fifty pounds;

Small arms ammunition; and

Small arms ammunition primers:

Are exempt from the requirements of this chapter, unless these materials are possessed or used illegally or for a purpose inconsistent with small arms use.

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NEW SECTION
WAC 296-52-60025   State and local government jurisdictions.  

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NEW SECTION
WAC 296-52-60030   The department.   (1) Administration and enforcement. Pursuant to chapter 70.74 RCW, the director of labor and industries administers and enforces all activities governed by the Washington State Explosives Act through chapter 296-52 WAC with the full resources of the department.

(2) Authority to enter, inspect, and issue penalties. Pursuant to chapter 70.74 RCW, whenever the director has reasonable cause to expect:

Explosives;

Blasting agents; or

Explosive materials to be found or to exist, the department has the right to:

Enter and inspect any location, facility, or equipment; and

Issue penalties for any violation of this chapter.

(3) Unlicensed activities. Whenever the director requests an unlicensed person to surrender:

Explosives;

Improvised devices; or

Components of explosives or improvised devices, the director may request the attorney general make application to the county superior court in which the illegal practice exists for:

A temporary restraining order; or

Any other relief that appears to be appropriate under the circumstances.

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NEW SECTION
WAC 296-52-60035   Other government entities.   (1) Law enforcement authorities. The department:

Acknowledges the legal obligation of other law enforcement agencies to enforce specific aspects or sections of the Washington State Explosives Act under local ordinances and with joint and shared authority granted by RCW 70.74.201; and

Will cooperate with all other law enforcement agencies in carrying out the intent of the Washington State Explosives Act and chapter 296-52 WAC.

(2) Local government authorities.

(a) This chapter does not prevent local jurisdictions from adopting and administering local regulations relating to explosives. Examples of local jurisdictions/regulations include:

City or county government explosive ordinances; or

Other government authority (e.g., Washington utilities and transportation commission, the Washington state patrol, or Washington Administrative Codes.)

(b) Local regulations must not diminish or replace any regulation of this chapter.

Note: A nonmandatory sample blasting ordinance for local jurisdictions is included in WAC 296-52-720.

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NEW SECTION
WAC 296-52-60040   Basic legal obligations.  

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NEW SECTION
WAC 296-52-60045   Responsibility to obtain an explosives license.   Anyone manufacturing, purchasing, selling, offering for sale, using, possessing, transporting, or storing any explosive, improvised device, or components intended to be assembled into an explosive or improvised device must have a valid license issued by the department.

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NEW SECTION
WAC 296-52-60050   Unlicensed activities.   Upon notice from the department or any law enforcement agency having jurisdiction, an unlicensed person manufacturing, offering for sale, selling, possessing, purchasing, using, storing, or transporting any explosives, improvised device, or components of explosives or improvised devices must immediately surrender those explosive materials to the department or the law enforcement agency having jurisdiction.

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NEW SECTION
WAC 296-52-60055   Drug use.   (1) Explosives must not be handled by anyone under the influence of:

Alcohol;

Narcotics;

Prescription drugs and/or narcotics that endanger the worker or others; or

Other dangerous drugs.

(2) This rule does not apply to persons taking prescription drugs and/or narcotics as directed by a physician provided their use will not endanger the blaster, workers, or other people.

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NEW SECTION
WAC 296-52-60060   License revocation, suspension, and surrender.   (1) Revocation. The department:

(a) Will revoke and not renew the manufacturer, dealer, purchaser, blaster, or storage license of any person as a result of a disqualifying condition identified in WAC 296-52-61040.

(b) May revoke the license of any person who has:

(i) Repeatedly violated the requirements of this chapter; or

(ii) Had a license suspended twice under this chapter.

(2) Suspension. The department will suspend the license of any person for a period up to six months for a violation of the requirements of this chapter.

(3) Surrender. Revoked or suspended licenses must be surrendered immediately to the department upon receipt of notice.

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NEW SECTION
WAC 296-52-60065   Violation appeals.   An appeal of a citation, issued for a violation of a requirement of this chapter, which results in a license suspension or revocation (WAC 296-52-60060) may be filed with the department pursuant to RCW 49.17.390.

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NEW SECTION
WAC 296-52-60070   Basic hazard precautions.  

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NEW SECTION
WAC 296-52-60075   Hazards to life.   Explosives or blasting agents must not be stored, handled, or transported when it could create a hazard to life.

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NEW SECTION
WAC 296-52-60080   Entry and access to explosive areas.   No one may enter any:

Explosives manufacturing building;

Magazine;

Vehicle; or

Other common carrier containing explosives except:

The owner;

The owner's authorized agent;

The director; or

A law enforcement officer acting within official capacity.

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NEW SECTION
WAC 296-52-60085   Abandonment of explosives.   Explosives or improvised devices must not be abandoned.

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NEW SECTION
WAC 296-52-60090   Firearms.   Firearms must not be discharged at or against any:

(1) Magazine.

(2) Explosives manufacturing building.

(3) Explosives material.

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NEW SECTION
WAC 296-52-60095   Fire.   (1) Magazines/buildings. Flame or flame producing devices must not be ignited within fifty feet of any magazine or explosives manufacturing building.

(2) Explosives handling.

(a) Prohibited fire sources. All sources of fire or flame, including smoking and matches, are prohibited within one hundred feet of the blast site while explosives are being handled or used.

(b) Handling near fire hazards. Explosives must not be handled near:

(i) Open flames;

(ii) Uncontrolled sparks; or

(iii) Energized electric circuits.

(3) Fire incident precautions. In the event of a fire:

(a) All employees must be removed to a safe area;

(b) The fire area must be guarded against intruders; and

(c) Fire must not be fought where the fire is in imminent danger of contact with explosives.

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NEW SECTION
WAC 296-52-60100   Daylight blasting.   Blasting operations must be conducted during daylight hours whenever possible.

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NEW SECTION
WAC 296-52-60105   Notification -- Blasting near utilities.   Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph, and steam utilities, the blaster in charge must notify appropriate utility representatives:

(1) At least twenty-four hours in advance of blasting.

(2) Of the specific location and intended time of blasting.

(3) Confirm verbal notice with written notice.

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NEW SECTION
WAC 296-52-60110   Miscellaneous.  

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NEW SECTION
WAC 296-52-60115   Explosive industry employers.   In addition to the requirements of this chapter:

(1) Explosive industry employers must comply with other applicable requirements of the WISHA:

Chapter 296-800 WAC, Safety and health core rules;

Chapter 296-24 WAC, General safety and health standards;

Chapter 296-62 WAC, General occupational health standards;

Chapter 296-155 WAC, Safety standards for construction; and

Other industry specific standards that may be applicable.

(2) Manufacturers of explosives or pyrotechnics must also comply with WISHA safety standards for process safety management of highly hazardous chemicals.

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NEW SECTION
WAC 296-52-60120   Variance from a chapter requirement.   The director may approve a variance from a chapter requirement pursuant to RCW 49.17.080 or 49.17.090:

After an application for a variance is received;

After the department has conducted an investigation;

When conditions exist that make the requirement impractical to use; and

When equivalent means of protection are provided.

Note: Variance application forms may be obtained from and should be submitted to: Department of Labor and Industries, WISHA Services Division, Post Office Box 44650, Olympia, WA 98504-4650.

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NEW SECTION
WAC 296-52-60125   Using standards from national organizations and federal agencies.   To be in compliance with WISHA rules, the information provided in this section must be followed when safety and health standards from national organizations and federal agencies are referenced in WISHA rules.

The edition of the standard specified in the WISHA rule must be used.

Any edition published after the edition specified in the WISHA rule may be used.

Note: The federal and national consensus standards referenced in the WISHA rules are available through the issuing organization and the local or state library.

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NEW SECTION
WAC 296-52-60130   Definitions.   American Table of Distances means the American Table of Distances for Storage of Explosives as revised and approved by the 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 requirements:

Storage licensing (WAC 296-52-660);

Storage of explosive materials (WAC 296-52-690); and

Magazine construction (WAC 296-52-700).

Attend means the physical presence of an authorized person within the field of vision of explosives.

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

The department; or

Any other approving agency; or

Individual as specified in this chapter.

Authorized agent means a person:

Possessing a basic knowledge of explosives handling safety; and

Has been delegated the authority, by a licensed purchaser, 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 the purchaser's 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 effective screening of a building containing explosives by means of a natural or artificial barrier from:

A magazine.

Another building.

A railway.

A highway.

Artificial barricade means:

An artificial mound or properly revetted wall of earth with a minimum thickness of at least three feet; or

Any other artificial barricade approved by the department.

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

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.

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

Blast area means the area of a blast within the influence of:

Flying rock missiles;

Gases; and

Concussion.

Blast pattern means:

The plan of the drill holes laid out on a bench; and

An expression 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 explosives use; 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;

Is adequately trained, experienced, and capable of recognizing hazardous conditions throughout the blast area;

In charge of:

The blast process to be used;

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

Has 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:

Which is intended for blasting;

Which is not otherwise classified as an explosive; and

In which none of the ingredients are classified as an explosive;

Provided, the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a Number 8 test detonator.

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 and predictable hazards in working conditions or the surroundings which are unsanitary, hazardous, or dangerous to personnel or property; and

Has authorization to take prompt corrective action to eliminate hazards.

Consumer fireworks means:

Any small firework device:

Designed to produce visible effects by combustion; and

Which 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);

Some small devices designed to produce audible effects are, but are not limited to:

Whistling devices;

Ground devices containing 50 mg or less of explosive materials; or

Aerial devices containing 130 mg or less of explosive materials; and

Does not include fused set pieces containing components, which, together, exceed 50 mg of salute powder.

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

Trucks;

Trailers;

Rail cars;

Barges; and

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; and

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

Constructed as required (WAC 296-52-70065);

Marked with the word "explosives";

Used in a manner that safely separates detonators from other explosives; and

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; or

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 of 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 two 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"; or

Fused set pieces containing components, which together exceed 50 mg of salute paper.

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

Electric blasting circuitry means:

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.

Emulsion means an explosive material containing:

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

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 Class A, Class B, and Class C 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; and

Black powder, not exceeding five pounds.

Note 1: 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 Chapter 49.17 RCW.
Note 2: Explosives classifications. Per RCW 70.74.010(4), explosives classifications include, but are not limited to:
Class A (1.1) explosives (possessing detonating hazard):
Dynamite;
Nitroglycerin;
Picric acid;
Lead azide;
Fulminate of mercury;
Black powder (exceeding five pounds);
Detonators (in quantities of 1001 or more); and
Detonating primers.
Class B (1.2) explosives (possessing flammable hazard):
Propellant explosives.
Smokeless propellants (exceeding fifty pounds).
Class C (1.3) explosives.
Certain types of manufactured articles, which contain Class A and/or Class B explosives as compounds (but in restricted quantities).
Detonators (in quantities of 1,000 or less).
Note 3: 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) (Class A, B, or C) and required by RCW 70.74.300).
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 manufacturing building means any building or structure, except magazines:

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

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; or

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; and

Which meets this section's 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.

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

Fuse (safety). See the definition for "safety fuse."

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

Handler means:

Any person or individual who handles explosives or blasting agents for the purpose of transporting, moving, or assisting a licensed blaster in loading, firing, blasting, or disposal; and

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, or roads; or

Privately financed, constructed, or maintained roads.

Improvised device means a device, which is:

Fabricated with explosives; or

Fabricated with destructive, lethal, noxious, pyrotechnic, or incendiary chemicals; and

Designed to disfigure, destroy, distract, or 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 are accustomed to assemble; and

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 term:

Includes black powder, safety fuses, igniters, igniter cords, fuse lighters, and display fireworks defined as Class B explosives by U.S. DOT (49 CFR Part 173); and

Does not apply to bulk salutes.

Magazine means:

Any bunging, structure, or container approved for storage of explosive materials; and

Does not mean an explosive manufacturing building.

Manufacturer means any person engaged in the business of manufacturing explosive materials for purpose of sale, distribution, or use.

EXEMPTIONS: The following exemptions are restricted to materials area components which are not classified (by U.S. 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; or
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, 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; or

Shock tube.

Oxidizer means a substance that yields oxygen readily to stimulate the combustion of organic maser 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, 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;

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 ensure they can not be lifted, carried, or removed easily by unauthorized persons;

Limited to the capacity of explosives required for efficient blasting operation; and

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; or

Other public regulatory agencies; and

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; or

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; and

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; and

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 powder; or

Percussion detonators used in muzzleloaders.

Smokeless propellants means solid chemicals or solid chemical mixtures which 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); and

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 in order that larger quantities of explosives may be inserted.

Sprung hole means a drilled hole that has been enlarged by a moderate amount of explosives which allows larger quantities of explosives to be inserted in 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, that are:

Built for explosives;

Loaded with explosives; and

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; or

Contain no ingredient classified as an explosive which is 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 premixed at:

An explosives plant; or

The blast site immediately before delivery into the drill hole.

[]

PART B

EXPLOSIVE LICENSING

Note: RCW 70.74.022 applies.


NEW SECTION
WAC 296-52-61005   Types of explosive licenses.  

License Section Location
Dealer's WAC 296-52-602
Purchaser's WAC 296-52-603
Blaster's WAC 296-52-604
Manufacturer's WAC 296-52-605
Storage WAC 296-52-606

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NEW SECTION
WAC 296-52-61010   Applicant information.   (1) Applicants must provide the following information to the department (except as indicated):

An individual:

The name, address, and citizenship of the applicant.

A partnership:

The name, address, and citizenship of each partner.

The name and address of the applicant.

An association or corporation:

The name, address, and citizenship of each officer and director.

The name and address of the applicant.

(2) Applicants must:

Meet the requirements of WAC 296-52-610;

Meet any license specific requirements;

Provide the Social Security number at the time of application (RCW 26.23.150); and

Provide any information requested by the department before a new or renewal license will be issued.

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NEW SECTION
WAC 296-52-61015   Forms.   Applications must be completed on department forms.

Notes: Application forms may be obtained from and submitted to: Department of Labor and Industries, WISHA Services Division, Post Office Box 44655, Olympia, WA 98504-4655.
Purchaser and blaster license applications may also be obtained from explosive dealers or department service locations.

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NEW SECTION
WAC 296-52-61020   Fees.   Applicable license fees must be included with new or renewal explosives license applications.

License Fee
Dealer's License 50.00
Purchaser's License 10.00
Blaster's License 10.00
Manufacturer's License 50.00
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 Biannual
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.

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NEW SECTION
WAC 296-52-61025   Verification of applicant information.   The department will verify license application statements before an explosives license is issued.

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NEW SECTION
WAC 296-52-61030   Applicant participation.   Applicants:

Must cooperate and assist the department in all aspects of the application review.

Must provide all information requested by the department to:

Verify application statements.

Assist the department inquiry.

Must furnish their fingerprints to the department on department forms.

Fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where the explosives are used.

May be required to pay a fee to the law enforcement agency providing fingerprint research services (RCW 70.74.360).

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NEW SECTION
WAC 296-52-61035   Criminal records.   The Washington state patrol will provide any criminal records discovered to the director upon request.

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NEW SECTION
WAC 296-52-61040   Applicant disqualifications.   Licenses will not be issued for the manufacture, retail sale, purchase, storage, or use of explosives to any applicant:

Under twenty-one years of age;

Whose license is suspended or revoked, except as provided in this section;

Convicted in this state or elsewhere of:

A violent offense (RCW 9.94A.030);

Perjury;

Providing false information (false swearing);

Bomb threats;

A crime involving a Schedule I or II controlled substance (chapter 69.50 RCW);

Any other drug or alcohol related offense, unless such offense is not related to a drug or alcohol dependency.

Conditional exception: A license may be issued if an applicant with a drug or alcohol dependency history:

Is participating in or has completed treatment in an alcohol or drug recovery program;

Has established control of their alcohol or drug dependency;

Provides proof to the department of participation in a recovery program and control over their dependency; and

Legally determined at the time of application to be:

Mentally ill;

Insane; or

Incompetent due to any mental disability or disease at the time of application.

Note: The department will not reissue a license until competency has been legally restored.
Physically ill or disabled to the extent that normal aspects of explosives use are not safe. Disqualifying disabilities may include, but are not limited to:

Blindness;

Deafness;

Epilepsy; or

Diabetic seizures or coma.

Note: The department will not reissue a license until physical ability is verified by a qualified physician through the appeal process (WAC 296-52-60065).

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NEW SECTION
WAC 296-52-61045   Term of license.  

A storage license is valid for a period not to exceed two years from the date of issue, unless revoked or suspended by the department prior to the expiration date.

All other licenses are valid for two years from the date of issue, unless revoked or suspended by the department.

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NEW SECTION
WAC 296-52-61050   License renewal.   An explosive license must be renewed no later than the expiration date of the license.

[]

DEALER'S LICENSE

Note: RCW 70.74.130 and 70.74.230 apply.


NEW SECTION
WAC 296-52-62005   Responsibility to obtain a dealer's license.   Explosives, including black powder, and blasting agents must not be bought for the sole purpose of resale by any person, firm, partnership, corporation, or public agency without a valid dealer's license issued by the department.

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NEW SECTION
WAC 296-52-62010   Applicant information.  

The reason the applicant wants to engage in the business of dealing in explosives.

Information required by WAC 296-52-610.

Other pertinent information required by the department.

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NEW SECTION
WAC 296-52-62020   Conditions of a dealer's license.   Conditions of a dealer's license include compliance with the requirements of WAC 296-52-620.

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NEW SECTION
WAC 296-52-62025   Prohibited sale/display areas.   Explosives, improvised devices, or blasting agents must not be sold, displayed, or exposed for sale on any:

Highway;

Street;

Sidewalk;

Public way; or

Public place.

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NEW SECTION
WAC 296-52-62030   Container labeling.   Any package, cask, or can containing any explosive, nitroglycerin, dynamite, or black and/or smokeless powder put up for sale or delivered to any warehouse worker, dock, depot, or common carrier must be properly labeled with its explosive classification.

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NEW SECTION
WAC 296-52-62035   Authorized agent information.   A dealer must ensure the purchaser has provided the following information for any person listed on their authorized agent list:

Name;

Address;

Driver's license number or valid identification;

Social Security number (as required by RCW 26.23.150);

Place of birth; and

Date of birth.

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NEW SECTION
WAC 296-52-62040   Verification of customer identity.   (1) Orders.

(a) When an explosives order is placed:

In person;

By telephone; or

In writing.

(b) The dealer must request proper authorization and identification from the person placing the order to ensure that person is either the:

Purchaser; or

Purchaser's authorized agent.

This requirement does not apply to licensed common carrier companies when the common carrier:

(i) Is merely transferring explosive materials from the seller to the purchaser; and

(ii) Transfer practices comply with current state and federal U.S. DOT regulations.

(2) Deliveries. The dealer must:

(a) Not distribute explosive materials to an unauthorized person.

(b) Ensure the recipient is the purchaser or the purchaser's authorized agent.

(c) Verify the recipient's identity from a photo identification card (e.g., driver's license).

(d) Obtain the:

(i) Purchaser's magazine license number when explosives are delivered to a storage magazine.

(ii) Legal signature of the purchaser or the purchaser's authorized agent on a receipt documenting explosives were received.

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NEW SECTION
WAC 296-52-62045   Recordkeeping and reporting.   (1) Sale documentation. A dealer must document the following information when an explosive materials order is placed. A dealer's record must include the:

Date explosive materials were sold;

Purchaser's name and license number;

Name of the person authorized by the purchaser to physically receive the explosive materials;

Kind of explosive materials sold;

Amount of explosive materials sold; and

Date code.

Note: Black powder sales under five pounds are not required to be reported to the department.
(2) Retention of records and receipts. Dealers must retain:

Signed receipts for at least one year from the date explosives are purchased.

Records of explosives purchased and sold (RCW 70.74.230) at least five years.

(3) Monthly report.

Each month dealers must submit a copy of their dealer's record (RCW 70.74.230) to the department at the following address: Department of Labor and Industries, WISHA Services Division, Post Office Box 44655, Olympia, WA 98504-4655.

Dealer records must be received by the department no later than the tenth day of each month.

[]

PURCHASER'S LICENSE

Note: RCW 70.74.135 and 70.74.137 apply.


NEW SECTION
WAC 296-52-63005   Responsibility to obtain a purchaser's license.   Explosives or blasting agents must not be purchased by any person, firm, partnership, corporation, or public agency without a valid purchaser's license issued by the department.

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NEW SECTION
WAC 296-52-63010   Applicant information.   Applicants must provide the following information to the department:

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:

Documented proof of ownership of a licensed storage magazine; or

A signed authorization to use another person's licensed magazine; or

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.

Any other pertinent information requested by the department.

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NEW SECTION
WAC 296-52-63015   Conditions of a purchaser's license.   Conditions of a purchaser's license include, but are not limited to, compliance with the requirements of WAC 296-52-630.

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NEW SECTION
WAC 296-52-63020   Authorized agents.   (1) Required information. A purchaser must provide the following written information for each person on their authorized agent list:

Legal name;

Address;

Driver's license number or other valid identification;

Date of birth; and

Place of birth.

(2) List distribution. The purchaser must provide a current authorized agent list to:

The department when applying for a new or renewal license.

Any dealer the purchaser plans to order explosive materials from, prior to ordering explosive materials.

(3) Notification of changes. The purchaser must ensure that the dealer's and department's authorized agent lists are updated as changes occur.

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NEW SECTION
WAC 296-52-63025   Explosive order deliveries.   (1) Receiver identification. Any person physically receiving explosives purchased from a dealer must:

Provide proper identification and prove to the satisfaction of the dealer that they are:

The purchaser; or

An authorized agent of the purchaser.

Sign their legal signature on the dealer's receipt.

(2) Delivery locations. Explosives must be delivered into:

Authorized magazines;

Approved temporary storage; or

Handling areas.

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NEW SECTION
WAC 296-52-63030   Notification -- Blaster changes.   The purchaser must:

Notify the department whenever the blaster they are using changes; and

Provide their current blaster's license number to the department.

[]

BLASTER'S LICENSE

Note: RCW 70.74.020 and 70.74.142 apply.


NEW SECTION
WAC 296-52-64005   Responsibility to obtain a blaster's license.   No one may conduct a blasting operation without a valid blaster's license issued by the department.

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

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NEW SECTION
WAC 296-52-64010   License classifications.   Blaster licenses are issued for the following classifications.

Blaster License Classifications Code
Agriculture AG
Avalanche Control AV
Demolition DE
Explosives Disposal ED
Forestry FO
Industrial Ordinance IO
Law Enforcement LE
Seismographic SE
Surface Blasting SB
Transmission Systems TS
Underground Blasting UB
Underwater Blasting UW
Unlimited UL
Well Drilling WD

Note: Classification information.
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.
Surface blasting: Includes construction, quarries, and surface mining.
Unlimited: Includes all classifications except underground blasting and law enforcement.

[]


NEW SECTION
WAC 296-52-64015   License classifications table.   The following table groups the different blasting types into three categories and is used to convey the qualifications required for the type of blasting license being applying for.

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

Note: Classification list assignment is primarily 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). In some situations, 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.

[]


NEW SECTION
WAC 296-52-64020   General qualifications.   (1) Physical condition. An applicant must be in good physical condition.

(2) Drug use.

(a) An applicant must not be addicted to narcotics, intoxicants, or similar types of drugs.

(b) This rule does not apply to physician prescribed drugs and/or narcotics when taken as directed by the physician provided their use will not endanger the blaster, workers, or other people.

(3) Knowledge, experience, and performance in transportation, storage, handling, and use of explosives. An applicant must:

Have a working knowledge of state and local explosives laws and regulations;

Have adequate blaster training, experience, and knowledge;

Be able to:

Safely perform the type of blasting to be used; and

Recognize hazardous conditions.

Be competent in the use of each type of blasting method to be used; and

Have the ability to:

Understand written and oral direction.

Give understandable written and oral direction.

[]


NEW SECTION
WAC 296-52-64025   Classification qualifications.  

Classification qualifications include the requirements of WAC 296-52-64030.

Training and experience qualifications for all classifications must be accrued during the six years prior to application.

[]


NEW SECTION
WAC 296-52-64030   List A qualifications.   To be considered for a blaster's license limited to one or more List A classifications, an applicant must have a minimum of forty hours documented training accrued during the previous six years. The training must include a minimum of one of the three requirements listed below:

Eight hours basic blaster safety classroom training and thirty-two hours classification specific field training experience under a qualified blaster;

Sixteen hours basic blaster safety classroom training and twenty-four hours classification specific field training experience under a qualified blaster; or

Twelve months classification specific field training experience.

[]


NEW SECTION
WAC 296-52-64035   List B qualifications.   To be considered for a blaster's license which includes one or more List B classifications, the applicant must meet one of the two requirements listed below:

Eighteen months of documented blasting experience which includes at least twelve months of documented experience in List A and six months documented blasting experience in each classification being applied for in List B; or

Twelve months of documented blasting experience in the last six years in the specific classification being applied for in List B.

Note: List B applicants - Up to eighty hours of classroom training may be substituted hour for hour for experience.

[]


NEW SECTION
WAC 296-52-64040   List C qualifications.   (1) Unlimited classification. To be considered for an unlimited classification, the applicant must submit a detailed resume which documents:

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

At least 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. To be considered for a law enforcement classification, the applicant must submit a certificate of graduation from the FBI Redstone Arsenal Training Center at Redstone, Alabama.

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NEW SECTION
WAC 296-52-64045   Application.  

[]


NEW SECTION
WAC 296-52-64050   Applicant information.   An applicant for a blaster's license must provide the following information to the department:

A complete and appropriately witnessed application. The application must be witnessed by the blasting course instructor and the qualified blaster the applicant trained under to gain field training experience required for the license the applicant is applying for;

A detailed resume of blasting training and experience;

Satisfactory evidence of competency in handling explosives; and

Information required by WAC 296-52-610.

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

[]


NEW SECTION
WAC 296-52-64055   Testing.   List A and B applicants must pass a written test prepared and administered by the department. List C applicants are exempt from testing.

[]


NEW SECTION
WAC 296-52-64060   Conditions of a blaster's license.   Conditions of a blaster's license include compliance with the requirements of WAC 296-52-640.

[]


NEW SECTION
WAC 296-52-64065   License limitations.   (1) A blaster's license documents:

(a) The classifications the blaster is authorized to perform; and

(b) Any limitations imposed on the licensee.

(2) The licensee must not:

(a) Perform blasting they are not licensed for; or

(b) Exceed the limits specified on the license.

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NEW SECTION
WAC 296-52-64070   Blaster in charge responsibilities.   See WAC 296-52-67010.

[]


NEW SECTION
WAC 296-52-64075   License disclosure.   A blaster must provide their blaster's license and a valid identification card to the department or other law enforcement representatives upon request.

[]


NEW SECTION
WAC 296-52-64080   Purchaser disclosure.   A blaster may be required to verify the name of the explosives purchaser.

[]


NEW SECTION
WAC 296-52-64085   Changes to a blaster's license classification.   Additional blaster classifications may be added to a license. Applicants must:

Submit a properly witnessed resume which documents blasting experience in the specific classification being applied for; and

Pass a written exam prepared and administered by the department.

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NEW SECTION
WAC 296-52-64090   License renewal.  

General applicant qualifications (WAC 296-52-64020) apply.

Renewal qualifications include the requirements of WAC 296-52-64090 through 296-52-64100.

Training, experience, and responsibility requirements must be accrued during the two years prior to application.

[]


NEW SECTION
WAC 296-52-64095   List A and B renewal qualifications.   (1) An application for a license renewal must include documentation of:

Blasting experience by providing at least two blast records; or

Successful completion of sixteen hours of basic blaster's classroom training. The documentation submitted must be witnessed by the blasting-course instructor.

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

[]


NEW SECTION
WAC 296-52-64100   List C renewal qualifications.   (1) Unlimited classification. To be considered for a renewal of an unlimited license, an applicant must submit a detailed resume which documents:

Experience in the majority of List A and B classifications.

A continuation of 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 which documents:

Continuous employment as a law enforcement bomb technician accrued during the previous two years;

Successful completion of sixteen hours of bomb technician classroom training. The documentation submitted must be witnessed by the course instructor.

[]

MANUFACTURER'S LICENSE

Note: RCW 70.74.110 and 70.74.144 apply.


NEW SECTION
WAC 296-52-65005   Responsibility to obtain a manufacturer's license.   No person, partnership, firm, company, or corporation will manufacture explosives or blasting agents, or use any process involving explosives as a component part in the manufacture of any device, article, or product without a manufacturer's license from the department.

[]


NEW SECTION
WAC 296-52-65010   Applicant information.   The applicant must provide the following information to the department:

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; and

⧫ Utility transmission systems.

Demonstrate compliance with:

⧫ Applicable requirements of the Washington State Explosives Act; and

⧫ 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.

Other pertinent information required by the department.

[]


NEW SECTION
WAC 296-52-65015   Application inspection.   The department will:

Inspect all manufacturing or processing locations:

Before they are placed in operation or service; and

Prior to licensing.

Schedule inspections:

Once a complete application is received.

At the earliest available and mutually agreeable date.

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NEW SECTION
WAC 296-52-65020   Conditions of a manufacturer's license.   The department will issue a license to the applicant(s) provided that:

(1) The required inspection confirms that the site plan is accurate and the facilities comply with applicable regulations of the department;

(2) The applicant(s) or operating superintendent and employees are sufficiently trained and experienced in the manufacture of explosives.

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NEW SECTION
WAC 296-52-65025   Annual inspection.   The department will inspect manufacturing or processing locations annually.

[]


NEW SECTION
WAC 296-52-65030   Site plan.   (1) Posting. A copy of the site plan and manufacturer's license must be posted in the main office of each manufacturing plant.

(2) Maintenance. The site plan must be maintained and updated to reflect the current status of manufacturing facilities, occupancy changes, or other pertinent information.

(3) Significant changes. The manufacturer must:

Notify the department when a significant change occurs in the site plan.

Consult with the department before changing operations if the change is of such nature or magnitude that compliance with requirements of this chapter is questionable.

[]

STORAGE LICENSE

Note: RCW 70.74.120, 70.74.140 and 70.74.150 apply.


NEW SECTION
WAC 296-52-66005   Responsibility to obtain a storage license.   Explosive materials must not be stored by any person, firm, partnership, corporation, or public agency without a valid license issued by the department.

[]


NEW SECTION
WAC 296-52-66010   Applicant information.   Applicants must provide the following information to the department:

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.

Any other pertinent information requested by the department.

[]


NEW SECTION
WAC 296-52-66015   Application inspection.   The department will:

Inspect magazines, mobile-storage sites, and manufacturing plants:

Before being placed in operation or service; and

Prior to licensing.

Will schedule inspections:

Once a complete application is received; and

At the earliest available and mutually agreeable date.

Note: See WAC 296-52-66040 for mobile storage site qualifications.

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NEW SECTION
WAC 296-52-66020   Demonstration of handling and storage experience.   Applicants or officers, agents, or employees of the applicant, must demonstrate satisfactory experience in:

Handling explosives.

The storage requirements for any type of explosive materials to be stored.

[]


NEW SECTION
WAC 296-52-66025   Conditions of a storage license.   Conditions of a storage license include, but are not limited to, compliance with the requirements of WAC 296-52-660.

[]


NEW SECTION
WAC 296-52-66030   Storage license number.   The storage license number must:

(1) Be permanently affixed on the inside and outside of each storage magazine.

(2) Stay with each magazine during its life.

[]


NEW SECTION
WAC 296-52-66035   Storage limit.   A storage license documents the storage limits imposed on the licensee. Storage must not exceed the limits specified on the license.

[]


NEW SECTION
WAC 296-52-66040   Annual storage inspection.   Magazines, mobile storage sites, and manufacturing plants will be inspected annually.

[]


NEW SECTION
WAC 296-52-66045   Mobile storage sites.   Semi-trailers or other mobile facilities used to transport blasting agents on site or on highways are considered adequate for blasting-agent storage, provided they meet:

(1) U.S. DOT requirements for transportation of blasting agents.

(2) The requirements of Table H-20, table of distances for storage of explosives with respect to inhabited buildings, passenger railways, and public highways.

(3) The requirements of Table H-22, separation distances of ammonium nitrate and blasting agents from explosives or blasting agents with respect to one another.

[]


NEW SECTION
WAC 296-52-66050   Moving, altering, or destroying a licensed magazine.   (1) Notification. When a magazine is moved, altered, or destroyed; the licensee must:

(a) Notify the department;

(b) Provide the license number of the magazine; and

(c) Identify the specific alterations made to the magazine.

(2) Reasonable distance. A magazine may be moved on a job site within a reasonable distance from the original location stated on the application without notifying the department, provided the:

(a) New location complies with the requirements of this chapter and the Washington State Explosives Act.

(b) Magazine can be quickly located for an inspection.

[]


NEW SECTION
WAC 296-52-66055   Transfer or lease of a magazine or mobile storage site.   (1) Notification. When a licensed magazine or mobile storage site is leased or transferred to another person, the owner must:

(a) Notify the department; and

(b) Provide the magazine license number to the department.

(2) New user obligations. A new magazine or mobile storage site user:

(a) Is responsible for the safe operation of the magazine.

(b) Must:

(i) Submit a magazine storage application to the department.

(ii) Pay the license fee for a minimum of one year.

(iii) Obtain a storage license prior to storing explosive materials in the magazine or at the mobile storage site.

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NEW SECTION
WAC 296-52-66060   Reporting changes in conditions.   Any change in conditions around a magazine, mobile storage site, or manufacturing plant that may adversely affect compliance with any requirement of this chapter must be promptly reported to the department. Examples of reportable changes could include:

(1) Construction of occupied buildings.

(2) Public utilities transmission systems.

(3) Roads or railroads that have been built closer to the manufacturing plant or magazine.

[]

PART C

USE OF EXPLOSIVE MATERIAL
NEW SECTION
WAC 296-52-67005   Responsible person.   The blaster in charge is responsible for all aspects of explosives use.

[]


NEW SECTION
WAC 296-52-67010   Blaster-in-charge responsibilities.   Blaster-in-charge responsibilities include the items specified below. A blaster in charge must:

(1) License. Carry a current license with the appropriate blaster classification for the type of blasting being performed.

(2) Compliance. Comply with all federal, state, and local government regulations.

(3) General requirements. Meet the general license qualifications identified in WAC 296-52-64020.

(4) Reasonable precautions. Use every reasonable precaution to ensure the safety of the general public and workers. Reasonable precautions include the use of:

(a) Blast area surveys.

(b) Warning signal posters must be posted in suitable locations.

TABLE T-1
WARNING SIGNAL A 1 minute series of long blasts 5 minutes prior to blast signal.
BLAST SIGNAL A series of short blasts 1 minute prior to the shot.
ALL CLEAR SIGNAL A prolonged blast following the inspection of the blast.

(c) Flags and barricades.

(d) Blasting mats or other suitable protective material.

(5) Professional judgment. Exercise and apply independent professional judgment regarding blasting activities, when compliance with instructions from others could result in an illegal:

(a) Act; or

(b) Affect the outcome of blast.

(6) Blast operation activities. The blaster in charge must:

(a) Have authority:

(i) To take prompt corrective action in all areas of the blast operation.

(ii) Over all other blasters at the blast area.

(b) Manage the blast operation regardless of the type of blasting being performed.

(c) Control blast activities associated with a blast.

(d) Supervise explosive-material activities.

(i) Keep a running inventory of all explosives and blasting agents stored at the blast area.

(ii) Supervise all on site transportation, storage, loading, and firing of explosives.

(e) Notify local jurisdictions when blasting may impact those jurisdictions.

(f) Personnel and observers.

(i) Designate safe locations for personnel during actual blasting.

(ii) Designate a method to determine when all personnel are accounted for in designated safe locations.

(iii) Ensure blast observers are able to communicate with the blaster in charge.

(g) Ensure all potential blast site area means of egress are under observation immediately prior to each blast.

(h) Loading and detonation.

(i) Distribute explosives in the shot.

(ii) Be present when a charge is detonated.

(iii) Personally detonate the charge or give an order to a designated blaster to detonate the charge.

(7) Notification -- Blast incidents. Notify the department within twenty-four hours when:

(a) A misfire is not cleared.

(b) Vibration and air blast limits cause injury or property damage.

(c) Flyrock causes injury or property damage.

(8) Blast records.

(a) Keep a record of each blast.

(b) Keep an accurate inventory of all explosives and blasting agents stored at the blast operation.

(c) Document the following minimum information on each blast record:

(i) Name of the company or contractor.

(ii) Exact location of the blast.

(iii) Date and time of detonation.

(iv) Name, signature, and license number of the blaster in charge.

(v) Type of material blasted.

(vi) Type of explosives used.

(vii) Number of holes, burden, and spacing.

(viii) Diameter and depth of holes.

(ix) Total amount of each type of explosives used.

(x) Maximum amount of explosives per delay period within eight milliseconds.

(xi) Maximum number of holes per delay period within eight milliseconds.

(xii) Method of firing.

(xiii) Type of circuit.

(xiv) Direction, distance in feet, and identification of the nearest dwelling, house, public building, school, church, or commercial/institutional building not owned or leased by the blaster in charge conducting the blasting.

(xv) Weather conditions.

(xvi) Type and height (or length) of stemming.

(xvii) A statement indicating whether blast mats or other flyrock protection were used.

(xviii) Type of initiation system used.

(xix) Type of delay periods used.

(xx) Seismograph records and readings, if required or used, must accurately identify the:

(A) Name of the person and business analyzing the seismograph record.

(B) Exact location of the seismograph.

(C) Distance of the seismograph from the blast.

(xxi) Sketch of the blast pattern. The sketch must include the:

(A) Number of holes.

(B) Burden.

(C) Spacing distance delay pattern.

(xxii) Sketch of the hole profile if decking was used.

(xxiii) General comments which include:

(A) Unusual conditions/situations during the blast.

(B) The calculated scale distance number.

(C) Misfires.

(d) Complete and sign each blast record.

(e) Retain blast records for at least three years.

(f) Ensure blast records are available for department inspection.

Note: Sample formatting for a blast record is provided for reference in WAC 296-52-67250, sample format for a blast record, nonmandatory. The blast record format is nonmandatory. However, the information shown on the record sample is required.

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NEW SECTION
WAC 296-52-67015   General.  

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NEW SECTION
WAC 296-52-67020   Black powder.   Black powder, including black powder manufactured for muzzleloading firearms, must not be used for blasting.

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NEW SECTION
WAC 296-52-67025   Age of explosives.   The oldest explosive of the type needed must be used first.

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NEW SECTION
WAC 296-52-67030   Blast site storage.   Explosive materials at blast sites must either be:

(1) Attended; or

(2) Stored in a day box that is attended.

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NEW SECTION
WAC 296-52-67035   Day box storage.   A day box may be used for temporary storage of explosive materials during working hours at a job site, provided the day box is:

(1) Constructed in accordance with WAC 296-52-70065 through 296-52-70070;

(2) Fire resistant, weather resistant, and theft resistant;

(3) Marked with the word "explosives";

(4) Used in a manner that safely separates detonators from other explosives;

(5) Guarded at all times against theft; and

(6) Surrounded by ground which slopes away from the day box for drainage.

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NEW SECTION
WAC 296-52-67040   Attendant.   An authorized attendant must be:

(1) Physically present;

(2) Awake;

(3) Alert;

(4) Able to see the explosives being monitored at all times; and

(5) Able to reach the explosives being monitored quickly and without interference at all times.

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NEW SECTION
WAC 296-52-67045   Handling.   Explosives must be:

Handled by competent and authorized personnel only;

Delivered and issued to a purchaser or a purchaser's authorized agent only;

Delivered into authorized magazines, approved temporary storage, or handling areas;

Carried to the blast site from the main storage magazines by the blaster or blaster's helper in special insulated containers, day boxes, or original U.S. DOT shipping containers; and

Detonators must never be carried in pockets or clothing.

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NEW SECTION
WAC 296-52-67050   Supervision of trainees.   Trainees and inexperienced personnel must work under the direct supervision of a fully qualified licensed blaster knowledgeable of the site:

Blasting method;

Safety procedures; and

Blasting signals.

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NEW SECTION
WAC 296-52-67055   Storms.   (1) Dust storms. During the approach and progress of heavy dust storms, which may cause static lightning:

(a) Blasting operations must be completely suspended.

(b) All personnel must be removed from the blast area.

(2) Thunderstorms. All blasting operations shall stop during the approach and progress of a thunderstorm, regardless of the type of initiation system used, and all personnel must be removed from the blast area.

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NEW SECTION
WAC 296-52-67060   Extraneous electricity and radio frequency (RF) transmitters.   Precautions must be taken to prevent unintended electric detonator discharge from extraneous electricity and RF transmitters.

(1) Sources.

(a) Extraneous electricity. Common hazard sources of extraneous electricity include:

Adjacent power lines;

Dust storms; and

Lightning storms.

(b) RF transmission sources. Common hazard sources of RF transmissions include:

Mobile transmitters.

Citizen band (CB);

Side band radio;

VHF (FM) radio;

UHF cellular telephones; and

Radar.

Fixed location transmitters.

Base stations for CB;

Side band or FM radio communications;

UHF cellular telephone transmitters and service extension repeater-systems;

AM and FM (commercial) radio broadcast transmitters;

TV broadcast transmitters and repeater system transmitters;

Surface scan and radio navigation beacons.

Low flying aircraft (in particular military aircraft) create the most common serious RF exposures.

These highly unpredictable mobile transmitters are very powerful and transmit on a broad spectrum of frequencies which include, but are not limited to:

⧫ Radar;

⧫ Laser; and

⧫ All common communications bands.

The two most dangerous examples are:

⧫ Low flying automatic terrain following guidance systems; and ⧫ Airplanes which are equipped to jam all common radar and communications frequencies for a distance of several miles around the airborne transmitters.

(2) Transportation.

Public highways. The Washington utilities and transportation commission and Washington state department of transportation require compliance with ANSI D6.1-1988, Uniform Traffic Control Devices.

Private roads. Strict compliance with ANSI is not required on private roads under department jurisdiction, provided warning signs are maintained where required while electric detonators are present.

(3) Site survey.

Survey responsibility. The blaster in charge must conduct or assign a designated appointee to conduct an accurate survey of the entire intended blast area.

Road clearance points. The survey must determine the clearance points where roads or right of ways enter and exit the required clearance zone.

Blast area changes. If the blast area moves along as the job progresses, the 1,000 foot clearance zone must be adjusted to correctly maintain the permissible clearance zone at all times.

(4) Clearance zones. The required clearance zone for a:

Construction operation is 1,000 feet.

Demolition operation is 1,000 feet.

General industry operation, not subject to construction requirements, is 350 feet.

(5) RF-transmitter warning signs.

RF-TRANSMITTER WARNING SIGNS

Place illustration here.
(a) Warning-sign specifications. Signs must:

Be "construction" orange;

Have black letters and borders;

Use all upper case letters; and

Use letters at least the size shown above.

Note: Larger signs may be required where the highway speed limit is more than 55 miles per hour.
(b) Posting. Warning signs must:

(i) Be adequately placed to warn:

(A) Transmitter users.

(B) All routes into the electric detonator clearance zone.

(ii) Be posted prohibiting the use of:

(A) Radio frequency transmitters;

(B) CBs;

(C) Mobile phones; and

(D) Two-way radios.

(iii) Be prominently displayed at all times when an electric detonator initiation system is being used during blasting operations, including all times that electric detonators:

(A) Are present during blasting operations; and

(B) Have been removed from the original U.S. DOT approved shipping container.

(iv) "TURN OFF CB, MOBILE PHONE, 2-WAY RADIO" sign must be posted at the beginning of the blast zone minimum clearance point.

(v) Blast zone signs.

(A) The "BLAST ZONE 1,000 FEET" sign must be posted 1,000 feet before the "TURN OFF CB, MOBILE PHONE, 2-WAY RADIO" sign.

(B) The 1,000 foot separation-distance limit in (A) may be reduced (but must not be less than 300 feet) in very slow vehicle travel zones (such as off-road construction right of ways, rock pits, or quarries).

(vi) "END BLAST ZONE" sign must be posted outside the blasting zone clearance limits.

(vii) Be covered or removed when blasting operations are not being conducted.

(6) Voltage identification. Electrical transmission and distribution line voltage must be accurately identified.

(7) System clearance identification. The required clearance for each system must be accurately identified.

(8) RF transmitters.

Mobile RF transmitters which are less than 100 feet away from electric detonators must be deenergized or disconnected when the detonators are not fully contained in their original U.S. DOT shipping containers.

Fixed location RF transmitters represent a higher level of hazard to both storage and/or blasting operations involving electric detonators because the transmitters are more powerful and transmit dangerous levels of RF exposure over much greater distances.

(9) Institute of makers of explosives (IME) distance requirements.

(a) Electric detonators in storage or at blasting operations must meet the appropriate distance tables requirements published in the IME Publication Number 20, 1988, "Safety Guide for the Prevention of Radio Frequency Hazards in the Use of Commercial Electric Detonators (Blasting Caps)."

(b) When it is necessary to conduct blasting operations within the required separation distances specified in IME Pamphlet Number 20, 1988:

Storage and use of electric detonators is prohibited on the site; and

Only detonating cord, safety fuse, shock tube, or other approved nonelectric systems will be used.

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NEW SECTION
WAC 296-52-67065   Vibration and damage control.   (1) Ground vibration -- Maximum limits. At all blasting operations, except as otherwise authorized or restricted by the department, the maximum ground vibration at any dwelling, public building, school, church, commercial, cofferdams, piers, underwater structures, or institutional building adjacent to the blasting site must not exceed the limits listed in Table 8-A.

Table 8-A

PEAK PARTICLE VELOCITY LIMITS
Distance from blasting site Maximum allowable peak particle velocity1
0 to 300 ft (91.4 m) 1.25 in/sec (31.75 mm/sec)
301 to 5000 ft (91.5 m to 1524 m) 1.00 in/sec (25.4 mm/sec)
5001 ft (1525 m) and beyond 0.75 in/sec (19 mm/sec)

1 Peak particle velocity must be measured in three mutually perpendicular directions and the maximum allowable limits must apply to each of these measurements.
(a) Frequency versus particle velocity graphs. In lieu of Table 8-A, a blasting operation has the option to use the graphs shown in Figure 8a or 8b to limit peak particle velocity based upon the frequency of the blast vibration. If either of the graphs in Figure 8a or 8b is used to limit vibration levels, the methods used for monitoring vibration and calculating frequency must be included in the blast plan.


Alternative Blasting Level Criteria

Place illustration here.

BLAST VIBRATION FREQUENCY, Hz


Alternative Blasting Level Criteria

Place illustration here.

BLAST VIBRATION FREQUENCY, Hz

(b) Scaled distance equations. Unless a blasting operation uses a seismograph to monitor a blast to assure compliance with Table 8-A or Figures 8a or 8b, the operation must comply with the scaled distance equations shown in Table 8-B.

Table 8-B

SCALED-DISTANCE EQUATIONS

Distance from Blasting Site Scaled Distance Equation
0 to 300 ft (91.4 m) W (lbs) = (d (ft)/50)2 or W (kg) = (d (m)/22.6)2
301 to 5000 ft (92 m to 1524 m) W (lbs) = (d (ft)/55)Z or W (kg) = (d (m)/24.9)
5001 ft (1524 m) and beyond W (lbs) = (d (ft)/65) or W (k) = (d (m)/29.4)Z
Where:
W = The maximum weight of explosives in pounds (or kilograms) that can be detonated per delay interval of 8 milliseconds or greater.
D = The distance in feet (or meters) from the blast to the nearest dwelling, public building, school, church, commercial, or institutional building not owned, leased, or contracted by the blasting operation, or on property on which the owner has not given a written waiver to the blasting operation.
To convert English Units of scaled distances (ft/lb2) to metric units (m/kg2) divide by a factor of 2.21.

(2) Air blast -- Maximum limits. Air blast must not exceed the maximum limits listed in Table 8-C at the location of any dwelling, public building, school, church, commercial, or institutional building, not:

Owned;

Leased;

Contracted by the blasting operation; or

On property that the owner has not given a written waiver to the blasting operation.

Table 8-C

AIR-BLAST LIMITS
Lower Frequency of Measuring System in Hz (+ or - 3 decibels) Measurement Level in Decibels
0.1 Hz or Lower Flat Response 134 Peak
2 Hz or Lower Flat Response 133 Peak
6 Hz or Lower Flat Response 129 Peak
C-Weighted Slow Response 105 Peak dBC

(3) Flyrock.

(a) Uncontrolled flyrock. Flyrock traveling in the air or along the ground must not be cast from the blast area in an uncontrolled manner, which could result in personal injury or property damage.

(b) Contract or written waiver. Flyrock must not be propelled from the blast area onto property the blasting operation has not:

Contracted; or

Obtained a written waiver for from the owner.

(c) Use of protective material. When blasting in congested areas or in close proximity to a structure, railway, or highway or any other installation that may be damaged, the blast must be covered before firing with a mat or other suitable protective material that is capable of preventing fragments from being thrown.

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NEW SECTION
WAC 296-52-67070   Storage at blast sites.   (1) Packaging materials. Empty boxes, paper, and fiber packing materials which have previously contained explosive materials must be:

Disposed of in a safe manner; or

Reused in accordance with U.S. DOT hazardous materials regulations.

(2) Opening fiberboard cases. Nonsparking metallic slitters may be used for opening fiberboard cases.

(3) Deteriorating explosives. Deteriorating explosives must be carefully set aside and disposed of in accordance with the manufacturer's specifications.

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NEW SECTION
WAC 296-52-67075   Blast area precautions.   (1) Warning signs.

(a) Blast area warning signs must be maintained at all approaches to the blast area.

(b) Warning sign lettering must be at least four inches in height and be on a contrasting background.

(2) Loaded stumps. All loaded stumps must be marked for identification.

(3) Lock out. Cables in the proximity of the blast area must be deenergized and locked out by the blaster in charge.

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NEW SECTION
WAC 296-52-67080   Drilling.   (1) Unexploded charges.

(a) Drilling must not begin:

(i) When there is danger of intersecting 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 must not load or use explosives closer than:

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

(b) No closer than fifty feet of drilling operations.

(3) Prior to loading drill holes.

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

(b) Drill holes which have contained explosives or blasting agents must not be deepened.

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

(4) Enlarging or springing a drill hole.

(a) A drill hole must never be sprung when it is adjacent to or near a loaded hole.

(b) At least two hours must lapse after a charge has exploded in a drill hole that has been enlarged or "sprung" before loading another charge of explosives into the hole.

Note: An exception may be made to this rule provided the sprung hole is thoroughly wetted down with water before it is loaded.
(c) Flashlight batteries must not be used as a power source for springing holes.

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NEW SECTION
WAC 296-52-67085   Loading blast holes.   (1) Powerlines and portable electric cables. Powerlines and portable electric cables being used for equipment must be kept at a safe distance from explosives or blasting agents being loaded into drill holes.

(2) Equipment, machinery, and tools.

Any machine or tool not being used to load holes must be removed from the immediate loading area.

Equipment must not be operated within fifty feet of loaded holes except when:

It is needed to add burden or mats.

Tracking drills out of the loading area.

(3) Holes that may be loaded.

(a) Only holes being fired in the next blasting round may be loaded.

(b) An interval of at least two hours must lapse after a charge has exploded in a drill hole that has been enlarged or "sprung" before loading another charge of explosives into the hole.

Note: An exception may be made to this rule provided the sprung hole is thoroughly wetted down with water before it is loaded.
(4) Tamping.

(a) A primer must never be tamped.

(b) Tamping must only be done with wood rods or approved plastic tamping poles that do not have exposed metal parts.

(c) Nonsparking metal connectors may be used for jointed poles.

(d) Violent tamping must be avoided.

(5) Pneumatic loading. When loading blasting agents pneumatically over primed boosters:

Semiconductive delivery hose must be used.

Equipment must be bonded and grounded.

(6) Stemming. All blast holes in open work must be stemmed to:

(a) The collar; or

(b) A point which will confine the charge.

(7) Attendance of holes. Loaded holes must be attended or protected.

(8) After loading, all remaining explosives and detonators must be immediately returned to an authorized magazine or day box.

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NEW SECTION
WAC 296-52-67090   Initiation systems.   (1) General.

(a) Training and supervision.

(i) The blaster in charge must provide adequate on-the-job training and supervision in the safe use of initiation systems to be used.

(ii) All members of the blasting crew must be instructed in the safe use of the initiation system to be used and its components.

(b) Manufacturer recommendations. All initiation systems and system components must be used in accordance with manufacturer recommendations and instructions.

(c) Vehicle use precautions.

(i) An explosives bulk truck or other vehicle operated on a blast site must not tread on:

(A) Tubing;

(B) Connectors; or

(C) Any surface delay component.

(ii) If a vehicle operated on a blast site must pass over loaded blast holes, precautions must be made to consolidate tubing, connectors, or any surface delay component at the collar of the hole to prevent vehicle contact.

(d) Connecting the firing line. Firing lines must not be connected to the blast initiating device until all personnel are:

(i) Accounted for; and

(ii) Removed from the blast danger area or are in a blast shelter or other location which provides equivalent protection.

(e) Visual inspection. Before firing the shot, the blaster in charge must make a visual inspection to ensure that the initiation system is hooked up in accordance with the manufacturer's recommendations.

(f) Explosives not used:

(i) Unused detonators or short capped fuses must not be placed in any hole to be blasted.

(ii) Unused detonators must be removed from the working place; and

(A) Disposed of or stored in a licensed magazine; and

(B) Loose cartridges of explosives, detonators, primers, and capped fuses not used by the end of the shift must be returned to their respective magazines and locked up.

(2) Nonelectric initiation systems.

(a) Shock tube lines. When a nonelectric shock tube initiation system is used:

(i) Spools of shock tube lines must not be spooled from trucks or equipment.

(ii) The shock tube line must be:

(A) Free of knots and tight kinks.

(B) Free of cuts or abrasions that could expose the core to moisture.

(C) Not be stretched.

(D) Be neat and orderly.

(iii) Tie ins must be kept neat and clean.

(iv) Unused lead line must be sealed to prevent moisture and dirt from entering the tube.

(v) Care must be taken to avoid hitting the tube with a shovel when the shock tube is being covered.

(vi) The end of the detonator must be pointed toward the front of the shot to minimize the chance of shrapnel flying to the rear of the blast where the shock tube will be lit.

(b) Surface connector blocks. Nonelectrical tubes must:

(i) Be secured properly in surface connector blocks.

(ii) Never exceed the rated capacity of tubes in surface connector blocks.

(c) Splicing line. A knot must be tied in the tubes to take strain off of the splice.

(d) Detonator cord. If a detonator cord is used for surface tie in:

(i) All lines must be kept taut.

(ii) Connections to nonelectrical units must be at ninety degree angles.

(e) Equipment and personnel.

(i) Equipment must not roll over shock tubes.

(ii) All unnecessary equipment and personnel must be removed from the blast area during loading.

(3) Electric initiating systems.

(a) Survey of extraneous currents.

(i) Before adopting any system of electrical firing, the blaster must conduct a thorough survey for extraneous currents.

(ii) All dangerous currents must be eliminated before any holes are loaded.

(b) Detonator compatibility, style, function, and manufacture. In any single blast using electric detonators, all detonators must be:

(i) Compatible with each other;

(ii) Of the same style or function; and

(iii) Of the same manufacture.

(c) Wire capacity and gauge.

(i) Connecting wires and lead wires must:

(A) Be insulated single solid wires of sufficient current carrying capacity; and

(B) Not be less than twenty gauge (American wire gauge) solid core insulated wire.

(ii) Firing line or lead wires must be:

(A) Solid single wires of sufficient current carrying capacity; and

(B) Not less than fourteen gauge (American wire gauge) solid core insulated wire. The gauge of bus wires depends on the size of the blast. Fourteen gauge (American wire gauge) copper is recommended.

(d) Lead wires.

(i) Shunting. The ends of lead wires to be connected to a firing device must be shunted by twisting them together or shunting them before they are connected to leg or connecting wires.

(ii) Control. Shunted lead wires must be kept in the control of blaster in charge until:

(A) Loading is completed; and

(B) The leg wires are attached.

(iii) Attachment. Lead wires must:

(A) Be attached by the blaster; and

(B) Not be attached to the firing device until the blaster is ready to fire the shot.

(e) Detonator leg wires. Electric detonator leg wires must:

(i) Be shunted as discussed above;

(ii) Be kept short circuited (shunted) until they are connected into the circuit for firing; and

(iii) Not be separated (except for testing) until all holes are loaded and the loader is ready to connect the leg wires to the connecting wires or lead wires.

(f) Circuits.

(i) Blasting circuits or power circuits must be used in electric blasting and must be used in accordance with the electric detonator manufacturer's recommendations.

(ii) When firing a circuit of electric detonators, care must be exercised to ensure that an adequate quantity of delivered current is available in accordance with the manufacturer's recommendations.

(iii) A power circuit used for firing electric detonators must not be grounded.

(iv) The firing switch must be designed so the firing lines to the detonator circuit are automatically short circuited when the switch is in the "off" position.

(v) When firing from a power circuit, the firing switch must be locked in the "open" or "off" position at all times, except when firing.

(g) Firing line insulation. When firing electrically, the insulation on all firing lines must be adequate and in good condition.

Note: A hose of not more than 2 megohms resistance over its entire length and of not less than 5,000 ohms per foot meets the requirement.
(h) Testing.

(i) The firing line must be checked at the terminals with an approved testing device before being connected to the blasting machine or other power source.

(ii) The circuit, including all detonators, must be tested with an approved testing device before being connected to the firing line.

(i) Switch keys. Firing switch keys must be entrusted to the blaster in charge only.

(j) Blasting machines. A nonelectric system must be used if the requirements below cannot be satisfied.

(i) Condition. Blasting machines must be in good condition.

(ii) Machine efficiency. The efficiency of the blasting machine must be tested periodically to ensure it can deliver power at its rated capacity.

(iii) Responsible person.

(A) The blaster in charge must be in charge of blasting machines.

(B) Only the blaster in charge will connect the lead wires to the blasting machine.

(C) Only the person making lead wire connections must fire the shot.

(iv) Connections.

(A) When firing with blasting machines, connections must be made as recommended by the manufacturer of the electric detonators used.

(B) All connections must be made from the drill hole back to the source of firing current.

(C) Lead wires must remain shunted and not be connected to the blasting machine or other source of current until the charge is to be fired.

(D) The number of electric detonators connected to a blasting machine must not exceed the blasting machine's rated capacity.

(v) Series circuit. In primary blasting, a series circuit must contain no more detonators than the limits recommended by the manufacturer of the electric detonators in use.

(vi) Circuit testing. A blaster must use blasting testers specifically designed to test circuits to charged holes.

(vii) Blasting near power lines. Whenever the possibility exists that a lead line or blasting wire could be thrown over live overhead power lines, communication lines, utility services, or other services or structures by the force of an explosion, care must be taken to ensure:

(A) The total length of wires is kept too short to hit the lines;

(B) The wires are securely anchored to the ground; and

(C) The owners or operators are notified.

(viii) Disconnecting lead wires. Lead wires must be immediately disconnected from the machine and short circuited after firing an electric blast from a blasting machine.

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NEW SECTION
WAC 296-52-67095   Use of safety fuse with detonators.   (1) Restricted or prohibited use.

(a) Conventional blasting. Safety fuse and detonators must only be used for conventional blasting:

(i) When extraneous electricity or radio frequency transmissions make the use of electric detonator and wire systems dangerous.

(ii) When overhead electric transmission lines cannot be deenergized and there is danger that blasting wires may be thrown into the overhead lines during a blast.

(iii) For avalanche control hand charges.

(iv) For specialized applications where detonator and fuse is more suitable than electric or other nonelectric initiation systems.

(b) Mudcap charges. A detonator and fuse must not be used for firing mudcap charges unless the charges are sufficiently separated to prevent one charge from dislodging other charges in the blast.

(c) Drop fuse method. The "drop fuse" method, dropping or pushing a primer or any explosive with a lighted fuse attached, is prohibited.

(d) Damaged fuses.

(i) A fuse that is deteriorated or damaged in any way must not be used.

(ii) Hanging fuses on nails or other projections, which will cause a sharp bend in the fuse, is prohibited.

(2) Fuse length. Fuses:

(a) Must be cut long enough to reach beyond the collar of the drill hole.

(b) Must be three feet or longer.

(c) When used for shooting choker holes, must be three feet or longer.

(3) Fuse burning rate.

(a) The burning rate of any safety fuse in use must be:

(i) Measured;

(ii) Posted in conspicuous locations; and

(iii) Brought to the attention of all workers concerned with blasting.

(b) A fuse must not be used if it burns:

(i) Faster than one foot in forty seconds; or

(ii) Slower than one foot in fifty-five seconds.

(4) Blaster safety. When blasting with safety fuses, the length and burning rate of the fuse must allow sufficient time, with a margin of safety, for the blaster to reach a place of safety.

(5) Fuse capping.

(a) Capping location. Fuses must:

(i) Not be capped in any magazine or near any possible source of ignition.

(ii) Capped at least one hundred feet from any storage magazine.

(iii) Only be capped in a place selected for fuse capping.

(b) Fuse ends. Before capping a safety fuse, a short length must be cut from the end of the supply reel to ensure a fresh cut end in each detonator.

(6) Crimpers.

(a) Design. Detonator crimpers used for attaching detonators to safety fuse must be of an approved design.

(b) Condition. Crimpers must be kept in good repair.

(c) Accessibility. Crimpers must be accessible for use.

(7) Waterproofing. The joint between the detonator and fuse must be waterproofed with a compound prepared for use in wet locations.

(8) Primers.

(a) Site selection. Primers must:

(i) Not be made in any magazine or near any possible source of ignition.

(ii) Be made in a place selected for this purpose.

(iii) Be made in a location which is at least one hundred feet from any storage magazine.

(b) Making primers. When making primers:

(i) Only enough primers for one day's use will be made at one time.

(ii) Only nonsparking skewers will be used for punching the hole in the cartridge to insert the capped fuse.

(iii) A detonator must not be inserted in explosives without first making a hole in the cartridge of proper size or using a standard detonator crimper.

(c) Storage. Primers must:

(i) Be stored in a box-type magazine.

(ii) Not be stored in magazines where other explosives are stored.

(9) Hand lighting.

(a) No more than twelve fuses may be lit by any blaster when hand lighting devices are used.

(b) Two fuses may be considered one fuse when two or more safety fuses in a group are lit as a single fuse by means of an:

(i) Igniter cord; or

(ii) Other similar fuse lighting devices.

(c) At least two persons must be present when multiple detonator and fuse blasting is being accomplished by hand lighting methods.

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NEW SECTION
WAC 296-52-67100   Use of detonating cord.   (1) Cord selection. Care must be taken to select a detonating cord consistent with the:

Type and physical condition of the drill hole;

Stemming; and

Type of explosives used.


(2) Handling. Detonating cord must be handled and used with:

The same respect and care given other explosives; and

Care to avoid damaging or severing the cord during and after loading and hooking up.

(3) Calculating quantity and distance.

For quantity and distance purposes, detonating fuse (up to sixty grains per foot) should be calculated as equivalent to nine pounds of high explosives per one thousand feet.

Heavier cord loads should be rated proportionately.

(4) Trunk lines.

Detonators for firing the trunk line must not be brought to the loading area or attached to the detonating cord until everything else is in readiness for the blast.

All detonating cord trunk lines and branch lines must be free of loops, sharp kinks, or angles that direct the cord back toward the oncoming line of detonation.

Trunk lines in multiple row blasts must make one or more complete loops, with cross ties between loops at intervals of not over two hundred feet.

(5) Connections.

(a) Detonating cord. All detonating cord must be:

(i) Competent and positive in accordance with recommended manufacturer's specifications.

(ii) Kept at right angles to the trunk lines.

(iii) Inspected before firing the blast.

(b) Knots.

(i) Knot or other cord-to-cord connections must be made with detonating cord in which the explosive core is dry.

(ii) All detonator cord knots must be tight.

(c) Connecting detonators.

(i) Connecting blasting detonators. A detonator or electric detonator must be taped or otherwise attached securely along the side or the end of the detonating cord. The end of the detonator containing the explosive charge must be pointed in the direction detonation is designed to proceed.

(ii) Short interval delay electric detonators. Manufacturer's recommendations must be strictly complied with when short interval delay electric detonators are used with detonating cord.

(iii) Millisecond delay connectors. Manufacturer's recommendations must be strictly complied with when detonating cord millisecond delay connectors are used with detonating cord.

(iv) Cutting the detonating cord line. The line of detonating cord extending out of a drill hole or a charge must be cut from the supply spool before loading the remainder of the drill hole or placing additional charges.

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NEW SECTION
WAC 296-52-67105   Firing the blast.   (1) A code of blasting signals equivalent to Table T-1 shall be posted on one or more conspicuous places at the operation, and all employees shall be required to familiarize themselves with the code and conform to it. Warning signs shall be placed at suitable locations.

(2) All charges shall be covered with blasting mats or other protective material before firing, where blasting may cause injury or damage by flying rock or debris.

(3) Before a blast is fired, a loud warning signal shall be given by the blaster in charge, who has made certain that all surplus explosives are in a safe place and all employees, vehicles, and equipment are at a safe distance, or under sufficient cover.

(4) Flaggers shall be safely stationed on highways which pass through the danger zone so as to stop traffic during blasting operations.

(5) It shall be the duty of the blaster to fix the time of blasting. The blaster shall conduct all blasting operations and no shot shall be fired without the blaster's approval.

TABLE T-1
WARNING SIGNAL A 1 minute series of long blasts 5 minutes prior to blast signal.
BLAST SIGNAL A series of short blasts 1 minute prior to the shot.
ALL CLEAR SIGNAL A prolonged blast following the inspection of the blast.

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NEW SECTION
WAC 296-52-67110   Precautions after firing.   (1) Immediately after firing.

(a) The firing line must be disconnected from the blasting machine.

(b) Power switches must be locked in the "open" or "off" position.

(c) All wires must be carefully traced and a search made for unexploded charges.

(2) Post blast inspection. An inspection of the area and surrounding rubble must be made by the blaster in charge to determine if all charges have been exploded before employees are allowed to return to the operation.

(3) Misfires.

(a) Misfire found. If a misfire is found, the misfire must

be:

(i) Reported immediately to the immediate supervisor.

(ii) Noted on blast record.

(iii) Reported to the department within twenty-four hours if not cleared.

(b) Responsible person. A blaster in charge must be present and direct the handling of all misfires.

(c) Termination of work.

(i) All work must stop, except work necessary to remove the misfire hazard.

(ii) Drilling, digging, or picking must not be permitted until:

(A) All misfired holes have been detonated; or

(B) The blaster in charge has approved that work can proceed.

(d) Evacuation precautions.

(i) If a misfire is found, the blaster in charge must provide proper safeguards to exclude all employees or other personnel from the danger zone, except those employees necessary to remove the misfire hazard.

(ii) Workers must not return to misfired holes for at least:

(A) Thirty minutes when electric blasting caps are used.

(B) An hour when detonator and fuse are used.

(e) Charged or misfired holes.

(i) Attempts to extract explosives from any charged or misfired hole must not be made.

(ii) A new primer must be connected and the hole reblasted.

(f) Refiring hazard. If refiring a misfired hole presents a hazard, explosives may be:

(i) Removed by washing the explosives out with water; or

(ii) Blown out with air if the misfire is under water.

(4) Burning holes.

(a) Everyone in the endangered area must move to a safe location when explosives are suspected of burning in a hole.

(b) No one, under any circumstances, may return to the hole:

(i) Until the danger has passed; or

(ii) For at least one hour.

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NEW SECTION
WAC 296-52-67115   Excavation work in pressurized air locks.   (1) Receiving, handling, storing, and transportation.

(a) The blaster in charge or powder person must be responsible for the receipt, unloading, storage, and on-site transportation of explosives and detonators.

(b) Explosives in transit must not be left unattended.

(c) Detonators and explosives for each round must be taken directly from the magazines to the blasting zone and immediately loaded.

(2) Wet holes. The explosives suitable for use in wet holes must be:

(a) Water resistant; and

(b) Fume Class 1 or other approved explosives.

(3) Bonding. All metal pipes, rails, air locks, and steel tunnel linings must be:

(a) Electrically bonded together and grounded at or near the portal or shaft.

(b) Cross bonded together at not less than one thousand-foot intervals throughout the length of the tunnel.

(4) Air locks.

(a) When detonators or explosives are brought into the air lock, no one must be permitted to enter the air lock except:

(i) The blaster in charge;

(ii) The powder person;

(iii) The lock tender; and

(iv) Employees necessary for carrying explosive materials are permitted in the air lock.

(b) Primers, detonators, and explosives must be taken separately into pressure working locks.

(c) Material, supplies, or equipment must not be brought into air locks with explosive materials.

(d) Detonators and explosives not used after loading must be removed from the working chamber before the connecting wires are connected.

(5) Grounding. Each air supply pipe must be grounded at its delivery end.

(6) Mixed face.

(a) Light charges and light burdens must be used for each hole when tunnel excavation in rock face is approaching or is in mixed face.

(b) Advance drilling must be performed when tunnel excavation in rock face approaches mixed face to determine the:

(i) General nature and extent of rock cover; and

(ii) Distance to soft ground as excavation advances.

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NEW SECTION
WAC 296-52-67120   Blasting agents.  

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NEW SECTION
WAC 296-52-67125   Transportation, storage, and use.   (1) Blasting agents must be used in compliance with applicable requirements of WAC 296-52-67120 through 296-52-67145.

(2) Unless otherwise specified in WAC 296-52-67120 through 296-52-67145, blasting agents must be transported, stored, and used in the same manner as explosives.

Note: Water-gels are covered in WAC 296-52-67150 through 296-52-67170.

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NEW SECTION
WAC 296-52-67130   Fixed location mixing.   (1) Building location. Buildings or other facilities used for manufacturing blasting agents must meet the separation distance requirements of Table H-21 to inhabited buildings, passenger railroads, and public highways.

(2) 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 the ammonium nitrate must be included, only fifty percent of its weight must be used because of its reduced blast effects.

(3) Building construction. Buildings used for mixing blasting agents must:

(a) Meet the requirements of this section.

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

(c) Be well ventilated.

(4) Heat sources.

(a) Internal heating units. Properly designed and located heating units which do not depend on combustion processes may be used in the building.

(b) External heating units. All direct sources of heat must be located outside the mixing building.

(5) Floors. Floors in a mixing plant must be made of nonabsorbent materials such as concrete.

(6) Electrical equipment.

(a) Electrical switches, controls, motors, and lights located in the mixing room must:

(i) Comply with the requirements of WAC 296-800-280; or

(ii) Be located outside the mixing room.

(b) The frame of the mixer and all other equipment that may be used must be:

(i) Electrically bonded;

(ii) Provided with a continuous path to the ground.

(7) Internal combustion engines.

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

(i) Outside the mixing plant building; or

(ii) Be properly ventilated and isolated by a firewall.

(b) Exhaust systems. Engine exhaust systems must be located to prevent any spark emission from becoming a hazard to any materials in or adjacent to the plant.

(8) Mixing equipment. Equipment used for mixing blasting agents must comply with the following:

(a) Design.

(i) The design of the mixer must minimize the possibility of frictional heating, compaction, and confinement.

(ii) Bearings and drive assemblies must be mounted outside the mixer and protected against the accumulation of dust.

(iii) Surfaces must be accessible for cleaning.

(b) Construction. Mixing and packaging equipment must be constructed of materials compatible with the fuel ammonium nitrate composition.

(c) Fire precautions.

(i) Mixer fuel oil flow. In case of fire:

(A) Suitable means to prevent the flow of fuel oil to the mixer must be provided.

(B) An automatic spring-loaded shutoff valve with fusible link must be installed in gravity flow systems.

(ii) Flame/spark producing devices. Smoking, matches, open flames, spark-producing devices, and firearms, except firearms carried by law enforcement bomb squad members or qualified guards, must not be permitted inside of or within fifty feet of any building or facility used for mixing blasting agents.

(9) Blasting agent compositions. The provisions of (a) through (c) of this subsection must be considered when determining blasting agent compositions.

(a) Determining sensitivity. The sensitivity of the blasting agent must be determined by means of a number 8 test detonator at regular intervals and after every change in formulation.

(b) Handling precautions.

(i) Oxidizers. Small particle oxidizers, such as crushed ammonium nitrate prills or fines, may be more sensitive than coarser products and must be handled with greater care.

(ii) Solid fuels. Solid fuels must be used in a manner which minimizes dust-explosion hazards.

(iii) Metal powders. Metal powders, such as aluminum must be:

(A) Kept dry; or

(B) Stored in moisture resistant or weather tight containers or bins.

(c) Use restrictions. The following must not be used:

(i) Crude oil and crankcase oil;

(ii) Hydrocarbon liquid fuel with a flash point lower than the 125F minimum for number 2 diesel fuel oil; or

(iii) Peroxides and chlorates.

(10) Fuel oil storage.

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

(i) Independent structures; or

(ii) Located at a site distant from the manufacturing building.

(b) Surrounding area. In the event of a tank rupture, the grounds surrounding a fuel oil storage facility must slope away from the manufacturing building to prevent oil from draining toward the manufacturing building.

(11) Safety precautions. Safety precautions at mixing plants must include the following requirements:

(a) Floor construction. Floors must be constructed to eliminate floor drains and piping into which molten materials could flow and be confined in case of fire.

(b) Mixing/packaging room. The floors and equipment of the mixing and packaging room must be cleaned regularly and thoroughly to prevent accumulation of oxidizers or fuels and other sensitizers.

(c) Housekeeping.

(i) Mixing plant.

(A) Dust. The entire mixing and packaging plant must be cleaned regularly and thoroughly to prevent excessive accumulation of dust.

(B) Ammonium nitrate bags. Empty ammonium nitrate bags must be disposed of daily in a safe manner.

(ii) Surrounding area. The land surrounding the mixing plant must be kept clear of brush, dried grass, leaves, and other materials for a distance of at least twenty-five feet.

(d) Welding.

(i) Welding or open flames must not be permitted or used in or around the mixing or storage area of the plant unless:

(A) The equipment or area has been completely washed down; and (B) All oxidizer material has been removed.

(ii) Before welding or repairing hollow shafts:

(A) Oxidizer materials must be removed from the inside and outside of the shaft; and

(B) The shaft must be vented with a minimum one-half inch diameter opening.

(e) Explosives. Explosives must not be permitted inside or within fifty feet of any building or facility used for mixing blasting agents.

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NEW SECTION
WAC 296-52-67135   Bulk delivery/mixing vehicles.   This section applies to both off highway operations and public highway transportation.

(1) Vehicles.

(a) Strength. A bulk delivery vehicle must be strong enough to carry a load without difficulty.

(b) Mechanical condition. A bulk delivery vehicle must be in good mechanical condition.

(c) Body. A bulk vehicle body for delivering and mixing blasting agents must:

(i) Be constructed of noncombustible materials.

(ii) Have closed bodies if they are used to transport bulk premixed blasting agents.

(d) Mixing system parts.

(i) All moving parts of the mixing system must be designed to prevent heat buildup.

(ii) Shafts or axles which contact the product must have outboard bearings with one inch minimum clearance between the bearings and the outside of the product container. Particular attention must be given to the clearances on all moving parts.

(e) Repairs. Bulk delivery vehicle repair activities must comply with the requirements of this section.

(2) Vehicle operations. Operation of bulk delivery and mixing vehicles must comply with (a) through (c) of this subsection, WAC 296-52-680 and U.S. DOT placard requirements.

(a) Driver training. The vehicle driver must be:

(i) Trained in the safe operation of the vehicle and mixing, conveying, and related equipment; and

(ii) Familiar with the commodities being delivered and the general procedures for handling emergency situations.

(b) Cargo and containers.

(i) Hauling either detonators or other explosives, but not both, is permitted on bulk trucks provided a special wood or nonferrous lined container is installed for explosives; and

(ii) Detonators and explosives must be in U.S. DOT specified shipping containers, 49 CFR, chapter I.

(c) Moving a vehicle in the blast area. When moving a vehicle in the blasting area:

(i) The driver must exercise caution to avoid driving the vehicle onto or dragging hoses over firing lines, cap wires, or explosive materials; and

(ii) A second person must be provided to assist the vehicle driver to guide the driver's movements.

(3) Pneumatic loading. Pneumatic loading from bulk delivery vehicles into blast holes primed with electric detonators or other static sensitive systems must comply with the requirements of (a) through (c) of this subsection.

(a) A positive grounding device must be used to prevent accumulation of static electricity.

(b) A discharge hose must:

(i) Have a resistance range that will prevent conducting stray currents; or

(ii) Be conductive enough to bleed off static buildup.

(c) A qualified person must evaluate all static sensitive systems to determine if they will adequately dissipate static under potential field conditions.

(4) Welding.

(a) Welding or open flames must not be permitted or be used in or around the mixing or storage area of the plant unless the equipment or area has been completely washed down and all oxidizer material removed.

(b) Before welding or repairing hollow shafts:

(i) All oxidizer material must be removed from the inside and outside of the shaft; and

(ii) The shaft must be vented with a minimum one-half inch diameter opening.

(5) Prohibited activities.

(a) Intransit mixing of materials is prohibited.

(b) The following activities are prohibited while in or about bulk vehicles in the process of the mixing, transferring, or down the hole loading of water-gels at or near the blasting site:

(i) Smoking; and

(ii) Carrying flame producing devices, including matches and firearms.

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NEW SECTION
WAC 296-52-67140   Bulk storage bins.   (1) Construction. A bin, including supports, must be:

(a) Waterproof;

(b) Constructed of compatible materials; and

(c) Adequately supported and braced to withstand the combined impact force of all loads, including impact forces arising from product movement within the bin and accidental vehicle contact with the support legs.

(2) Discharge gates. A bin discharge gate must be designed to:

(a) Provide a closure tight enough to prevent leakage of the stored product; and

(b) Permit locking.

(3) Loading manways. Bin loading manways or access hatches must be:

(a) Hinged or otherwise attached to the bin; and

(b) Designed to permit locking.

(4) Electric conveyors. An electrically driven conveyor used for loading or unloading bins must:

(a) Comply with the requirements of WAC 296-800-280.

(b) Be designed to minimize corrosion damage.

(5) Separation distances.

(a) Blasting agent bins. Bins containing blasting agents must meet the distance requirements of:

(i) Table H-20 with respect to separation from inhabited buildings, passenger railroads, and public highways; or

(ii) Table H-22 with respect to separation from other explosives and blasting-agent storage facilities.

(b) Ammonium nitrate bins. Bins containing ammonium nitrate must meet the distance requirements of Table H-22 with respect to separation from blasting agent and explosives storage.

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NEW SECTION
WAC 296-52-67145   Transportation of blasting agents.   (1) Public highways.

(a) Packaging, marking, and labeling. When offering blasting agents for transportation on public highways, the packaging, marking, and labeling of containers of blasting agents must comply with the requirements of U.S. DOT.

(b) Placards. Vehicles used for transporting blasting agents on public highways must comply with U.S. DOT placard regulations.

(2) Transporting blasting agents and explosives together. Transportation of blasting agents with explosives in the same vehicle must meet the requirements of WAC 296-52-68060.

(3) Vehicles.

(a) Condition. Vehicles transporting blasting agents must be in safe operating condition at all times.

(b) Driver. See WAC 296-52-68060(2).

(4) Prohibited activities. The following activities are prohibited:

(a) Carrying matches, firearms, and acids, or other corrosive liquids, in the bed or body of any vehicle containing blasting agents.

(b) Anyone smoking or under the influence of intoxicants, narcotics, or other dangerous drugs must not be permitted to ride upon, drive, load, or unload a vehicle containing blasting agents.

(c) Transporting or carrying blasting agents on any public vehicle carrying passengers for hire.

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NEW SECTION
WAC 296-52-67150   Water-gel and emulsion explosives and blasting agents.  

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NEW SECTION
WAC 296-52-67155   General.   Water-gels and emulsions must be transported, stored, and used in the same manner as explosives or blasting agents in accordance with the classification of the product unless otherwise specified in WAC 296-52-67150 through 296-52-67170.

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NEW SECTION
WAC 296-52-67160   Types and classifications.   (1) Contains explosive substance. Water-gel and emulsion explosive materials which contain a substance that is, in itself, classified as an explosive must:

(a) Be classified as an explosive; and

(b) Comply with the manufacturing, transportation, storage, and use requirements for explosives in WAC 296-52-67150 through 296-52-67170.

(2) Contains no explosive substance. Water-gel and emulsion explosive materials which do not contain any substance classified as an explosive and as cap-sensitive (as defined under "blasting agent" in WAC 296-52-60130) must be:

(a) Classified as an explosive; and

(b) Comply with the manufacturing, transportation, storage, and use requirements for explosives in WAC 296-52-67150 through 296-52-67170.

Note: Water-gel formulas which are tested and classified as a U.S. DOT Class B explosives do not require bullet resistant magazines.
(3) Contains blasting agent substance. Water-gel and emulsion explosive materials which do not contain any substance classified as an explosive and not cap-sensitive (as defined under "blasting agent" in WAC 296-52-60130) must be:

(a) Classified as blasting agents; and

(b) Manufactured, transported, stored, and used as required for "blasting agents" in WAC 296-52-67150 through 296-52-67170.

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NEW SECTION
WAC 296-52-67165   Fixed location mixing.   (1) Buildings.

(a) Applicable rules. Buildings used for the manufacture of water-gels or emulsions must meet the requirements of WAC 296-52-67150 through 296-52-67170.

(b) 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 to:

(A) Inhabited buildings;

(B) Passenger railroads; and

(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 the ammonium nitrate must be included, only fifty percent of its weight must be used because of its reduced blast effects.

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

(i) Materials. Buildings must be constructed with noncombustible material or sheet metal on wood studs.

(ii) Floors. Mixing plant floors must be made of nonabsorbent materials such as concrete.

(iii) Ventilation. Buildings must be well ventilated.

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

(i) Have temperature and safety controls; and

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

(e) Internal combustion engines.

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

(A) Outside the mixing plant building; or

(B) Be properly ventilated and isolated by a firewall.

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

(f) Fuel oil storage.

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

(A) Independent structures.

(B) Located at a site distant from the manufacturing building. (ii) Surrounding area. In the event of a tank rupture, the grounds surrounding a fuel oil storage facility must slope away from the manufacturing building to prevent oil from draining toward the manufacturing building.

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

(a) Explosive ingredients.

(i) Ingredients classified as Class A or B explosives must be stored as required by WAC 296-52-69010; and

(ii) Ingredients must not be stored with incompatible materials.

(b) Nitrate water solutions.

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

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

(c) Metal powders.

(i) Metal powders, such as aluminum, must be kept dry; and

(ii) Metal powders must be stored in containers or bins which are moisture resistant or weather tight.

(d) Solid fuels. Solid fuels must be used in a manner which minimizes dust explosion hazards.

(e) Peroxides and chlorates. Peroxides and chlorates must not be used.

(3) Mixing equipment. Mixing equipment must comply with the requirements of (a) through (d) of this subsection.

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

(i) Meet the requirements of WAC 296-52-67165;

(ii) Be compatible with the relative sensitivity of the materials being handled;

(iii) Minimize the possibility of frictional heating, compaction, overloading, and confinement;

(iv) Prevent the introduction of foreign objects or materials; and

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

(b) Handling procedures. Processing 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; and

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

(d) Electrical equipment.

(i) All electrical equipment, including wiring, switches, controls, motors, and lights, must comply with the requirements of WAC 296-800-280;

(ii) All electric motors and generators must have suitable overload-protection devices;

(iii) Electrical generators, motors, proportioning devices, and all other electrical enclosures must be electrically bonded; and

(iv) The grounding conductor to electrical equipment in (d) (ii) and (iii) of this subsection must be 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 the fire prevention requirements of (a) through (c) of this subsection.

(a) Heat sources. All direct sources of heat must be provided exclusively from units located outside of the mixing building.

(b) Visual inspection. A daily visual inspection must be made of the mixing, conveying, and electrical equipment to ensure their good operating condition.

(c) Facility maintenance. A program of systematic maintenance must be regularly conducted on regular schedule.

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NEW SECTION
WAC 296-52-67170   Bulk delivery/mixing vehicles.   (1) Vehicle design. The design of bulk delivery/mixing vehicles must comply with the requirements of (a) through (c) of this subsection.

(a) Public highways. Vehicles used over public highways for the bulk transportation of emulsion, water-gels or ingredients classified as dangerous commodities must meet the following transportation requirements:

(i) U.S. DOT regulations, including placard requirements; and

(ii) WAC 296-52-680.

(b) Power supply. When electric power is supplied by a self contained motor generator located on the vehicle, the generator must be at a point separate from where the water-gel is discharged. (c) Parking brakes and chocks.

(i) A positive action parking brake, which will set the wheel brakes on at least one axle, must be:

(A) Provided on vehicles equipped with air brakes; and

(B) Used during bulk delivery operations.

(ii) Wheel chocks must supplement parking brakes whenever conditions require.

(2) Vehicle operation. Operation of bulk delivery and mixing vehicles must comply with the requirements of (a) through (e) of this subsection.

(a) Driver training. The vehicle driver must be:

(i) Trained in the safe operation of the vehicle and mixing, conveying, and related equipment; and

(ii) Familiar with the commodities being delivered and the general procedures for handling emergency situations.

(b) Cargo and containers.

(i) Hauling either detonators or other explosives, but not both, is permitted on bulk trucks provided a special wood or nonferrous lined container is installed for explosives; and

(ii) Detonators and explosives must be in U.S. DOT specified shipping containers, 49 CFR Chapter I.

(c) Moving a vehicle in the blast area. When moving a vehicle in the blasting area:

(i) The driver must exercise caution to avoid driving the vehicle onto or dragging hoses over firing lines, cap wires, or explosive materials; and

(ii) A second person must be provided to assist the vehicle driver to guide the driver's movements.

(d) Transfer locations. The location chosen for water-gel or ingredient transfer from a support vehicle to the drill hole loading vehicle must be away from the blast hole site when the drill holes are loaded or in the process of being loaded.

(e) Prohibited activities.

(i) Intransit mixing of materials is prohibited; and

(ii) The following activities are prohibited while in or about bulk vehicles effecting the mixing, transfer, or down the hole loading of water-gels at or near the blasting site:

(A) Smoking.

(B) Carrying flame producing devices, including matches and firearms.

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NEW SECTION
WAC 296-52-67175   Underwater blasting operations.  

Note: Other chapter requirements, such as licensing, magazine construction, storage, and use of explosives, are applicable to underwater explosives.

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NEW SECTION
WAC 296-52-67180   Separation distance from vessels and people.   (1) A blast must not be fired while any vessel underway is closer than one thousand five hundred feet to the blasting area.

(2) People on board vessels or crafts moored or anchored within one thousand five hundred feet must be notified before a blast is fired.

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NEW SECTION
WAC 296-52-67185   Swimming and diving activities.   (1) A blast must not be fired while:

(a) Swimming or diving activities are in progress in the vicinity of the blasting area; and

(b) Any person is in the water.

(2) If swimming and diving activities are in progress, signaling arrangements must be made and agreed upon to communicate blast warnings.

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NEW SECTION
WAC 296-52-67190   Initiation systems.   Only water resistant initiation systems will be used for underwater blasting.

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NEW SECTION
WAC 296-52-67195   Loading tubes and casings.   (1) Loading must be done through a nonsparking loading tube when a tube is necessary.

(2) Loading tubes and casings must be made of the same type of metal to prevent electric transient currents from occurring as a result of a galvanic reaction of the metals and water.

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NEW SECTION
WAC 296-52-67200   Multiple charges.   (1) When more than one charge is placed underwater, a float device must be attached to an element of each charge in a manner that ensures it will be released when the charge is fired.

(2) Blasting flags must be displayed.

(3) Misfires must be handled in accordance with the requirements of WAC 296-52-67110(3).

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NEW SECTION
WAC 296-52-67205   Underground blasting operations.  

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NEW SECTION
WAC 296-52-67210   Storage.   (1) Permanent storage.

(a) Explosives or blasting agents must not be permanently stored in an underground operation until at least two modes of exit have been developed.

(b) Permanent underground storage magazines:

(i) Must be at least three hundred feet from any shaft, adit, or active underground working area; and

(ii) Containing detonators must be at least fifty feet away from any magazine containing other explosives or blasting agents.

(2) Tunnels, shafts, or caissons. Detonators and explosives must not be stored or kept in tunnels, shafts, or caissons.

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NEW SECTION
WAC 296-52-67215   Separation distance -- Electrical storms.   Upon the approach of an electrical storm, explosives at the adit, or the top of any shaft leading to where persons are working, must be moved to a distance equal to the distance required for inhabited buildings (Table H-20), unless this action would create a greater hazard.

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NEW SECTION
WAC 296-52-67220   Proper fume class use.   (1) Fume Class 1.

Fume Class 1 explosives must be used for underground operations, as specified by the IME.

(2) Fume Classes 2 and 3. Explosives complying with the requirements of Fume Class 2 and Fume Class 3 may be used if adequate ventilation has been provided.

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NEW SECTION
WAC 296-52-67225   Combustible gases or dusts.   Explosives must not be loaded or used underground where combustible gases or combustible dusts exist unless approved by Mine Safety and Health Administration (MSHA).

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NEW SECTION
WAC 296-52-67230   Initiating systems.   (1) Electric systems.

(a) Safety switch. A safety switch must be:

(i) Placed at intervals in the permanent firing line when firing from a power circuit.

(ii) Made:

(A) So it can only be locked in the "off position"; or

(B) With a short circuiting arrangement of the firing lines to the detonator circuit.

(b) Lightning gap.

(i) There must be a "lightning" gap of at least five feet in the firing system ahead of the main firing switch, between the switch and power source.

(ii) The lightning gap must be bridged by a flexible jumper cord just before firing the blast.

(2) Nonelectric systems. Nonelectric systems must be in accordance with the requirements of WAC 296-52-67090(2).

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NEW SECTION
WAC 296-52-67235   Firing the blast.   (1) Employee evacuation. The blaster must make sure all employees are out of the blast area before firing a blast.

(2) Guarding entrances.

(a) All possible entries into the blasting area must be carefully guarded.

(b) Any entrance to any working place where a drift, raise, or other opening is about to hole through must be carefully guarded.

(3) Warning signals. Warning must be given before firing an underground blast.

TABLE T-1
WARNING SIGNAL A 1 minute series of long blasts 5 minutes prior to blast signal.
BLAST SIGNAL A series of short blasts 1 minute prior to the shot.
ALL CLEAR SIGNAL A prolonged blast following the inspection of the blast.

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NEW SECTION
WAC 296-52-67240   Returning to the blast.   (1) Smoke and fumes. Sufficient time, at least fifteen minutes, must be allowed for smoke and fumes to leave the blasted area before the blaster in charge returns to the shot.

(2) Muck pile. Workers must not be allowed to return to work until after the muck pile has been watered down.

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NEW SECTION
WAC 296-52-67245   High speed tunneling -- Central primer house.   When primers are made up at a central primer house for use in high speed tunneling, subsections (1) and (2) of this section apply:

(1) Primers.

(a) Only enough primers must be made up for each round of blasting.

(b) Primers must be:

(i) Placed in separate containers or bins; and

(ii) Categorized by degree of delay in a manner to prevent physical impact.

(2) Separation of explosives in magazines. Explosives carried in the same magazine must be separated by:

(a) One-quarter-inch steel; and

(b) Covered on each side by four inches of hardwood planking or equivalent protection.

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NEW SECTION
WAC 296-52-67250   Sample format for a blast record, nonmandatory.  

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

Place illustration here.

Place illustration here.

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PART D

TRANSPORTATION OF EXPLOSIVE MATERIALS

Note: Blasting agents. Requirements for transportation of blasting agents are located at WAC 296-52-67145.


NEW SECTION
WAC 296-52-68005   Scope.  

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NEW SECTION
WAC 296-52-68010   Public highways.   Transportation of explosives on public highways are:

Regulated by:

U.S. DOT (49 CFR, Parts 100 - 199); and

The Washington utilities and transportation commission; and

Administered and enforced by the Washington state patrol.

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NEW SECTION
WAC 296-52-68015   Job sites and off highway roads.   The transportation regulations in this part are applicable:

In and on job sites and off highway roads; and

To privately financed, constructed, or maintained roads.

Note: These regulations are not applicable to state or interstate highway systems.

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NEW SECTION
WAC 296-52-68020   Safety precautions.   No one may:

Smoke or carry matches, or any other flame producing device, while in or near a vehicle transporting explosives;

Carry any firearms or loaded cartridges while in or near a vehicle transporting explosives, except guards or commissioned law enforcement officers; and

Drive, load, or unload a vehicle transporting explosives in a careless or reckless manner.

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NEW SECTION
WAC 296-52-68025   Transportation of workers.   Explosives must not be carried on any vehicle while the vehicle is being used to transport workers other than the driver and two people.

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NEW SECTION
WAC 296-52-68030   Cargo.   Materials and supplies must not be placed in the cargo space of a conveyance containing:

Explosives;

Detonating cord; or

Detonators.

except:

Safety fuse; and

Properly secured nonsparking equipment, which is necessary to handle the explosive materials being transported.

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NEW SECTION
WAC 296-52-68035   Transportation vehicles.  

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NEW SECTION
WAC 296-52-68040   Vehicle strength and condition.   All vehicles used for transporting explosives must:

Be strong enough to carry the load without difficulty; Be in good mechanical condition;

Have a tight floor in the cargo compartment(s); and

Not have any exposed spark producing metal inside which could come into contact with the explosives cargo.

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NEW SECTION
WAC 296-52-68045   Open top vehicles.  

Locations of use. While loaded with explosives, open top vehicles must be used on:

The job site; or

Roads which are not open to public travel.

Containers. Explosives being transported in open top vehicles or trailers must be transported in:

The original U.S. DOT approved shipping container or box; or

A daybox or portable magazine which complies with the requirements of this chapter.

Securing containers. Explosive containers, boxes, dayboxes, or portable magazines must be secured to the bed of the vehicle or trailer.

Loading. Packages of explosives must not be loaded above the sides on open sided vehicles.

Tarpaulins.

Nonsparking interiors. If an explosives transportation vehicle or trailer does not have a fully enclosed cargo area with nonsparking interior, the cargo bed and all explosive cargo must be covered with a flameproof and moisture proof tarpaulin or other effective protection against moisture and sparks.

Securing. Whenever tarpaulins are used for covering explosives, both the tarpaulin and the explosives container must be secured to the body of the truck bed by means of rope, wire, or other equally efficient tie downs.

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NEW SECTION
WAC 296-52-68050   Vehicle placards.   All vehicles transporting explosives material must:

Be placarded.

Placards must be displayed as specified by U.S. DOT (CFR 49-1981, Parts 100 through 199).

Placards must remain on the vehicle until all explosives have been removed from the vehicle.

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NEW SECTION
WAC 296-52-68055   Vehicle fire protection.   (1) Fire extinguishers.

Driver training. The driver must be trained in the use of the extinguishers on the vehicle.

Equipment specifications. Vehicles used for transporting explosive materials must be equipped with fire extinguishers according to the following schedule. Vehicle gross vehicle weight:

Less than 14,000: At least two multipurpose dry-chemical extinguishers having a combined capacity of not less than 4-A:20-B:C.

14,000 pounds or greater: At least two multipurpose dry-chemical extinguishers having a combined capacity of not less than 4-A:70-B:C.

Laboratory approval. Only extinguishers listed or approved by a nationally recognized testing laboratory are considered suitable for use on explosives carrying vehicles.

Notes: See the definition in WAC 296-24-58501(19).
See 29 CFR 1910.7 for nationally recognized testing laboratories.
Condition and location. Extinguishers must be filled, ready for immediate use, and readily available.

Inspection. Extinguishers must be examined periodically by a competent person. You must comply with the requirements of WAC 296-800-30020.

(2) Vehicle inspection. A motor vehicle used for transporting explosives must be inspected to determine that it is in proper condition for safe transportation of explosives. The inspection must include:

Fire extinguishers must be filled and in working order.

All electrical wiring must be completely protected and securely fastened to prevent short circuiting.

Chassis, motor, pan, and underside of body must be reasonably clean and free of excess oil and grease.

Fuel tank and feedline must be secure and have no leaks.

Tires must be checked for proper inflation and defects.

Brakes, lights, horn, windshield wipers, and steering apparatus must function properly.

The vehicle must be in proper condition in every other respect and acceptable for handling explosives.

(3) Vehicle repair/servicing. Motor vehicles or conveyances carrying explosives, blasting agents, or blasting supplies must not be taken inside a garage or shop for repairs or servicing.

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NEW SECTION
WAC 296-52-68060   Operation of vehicles transporting explosives.   (1) Authorized explosives transportation. Explosives may only be transported by a:

Licensed manufacturer;

Blaster;

Purchaser or seller, or their designated agent or representative; or

Contract carrier for hire who complies with all requirements for transportation of hazardous materials.

(2) Driver qualifications.

(a) Vehicles transporting explosives must only be driven by and be in the charge of a licensed driver who is:

At least twenty-one years old;

Physically fit;

Careful;

Capable;

Reliable;

Able to read and write the English language; and

Not addicted to or under the influence of intoxicants, narcotics, or other dangerous drugs. This rule does not apply to persons taking prescription drugs and/or narcotics as directed by a physician provided use of the prescription drug does not endanger the worker or others.

(b) An explosives vehicle driver must be:

Familiar with all:

Traffic regulations;

State laws regarding department of transportation and explosives and hazardous material; and

Provisions of WAC 296-52-680.

Aware of:

The nature of the cargo; and

Pertinent safety precautions relating to the particular explosives being transported.

(3) Parking -- Class A or B explosives. A vehicle which contains Class A or B explosives must not be parked:

On or within five feet of the traveled portion of a public street or highway;

On private property, including the premises of a fueling or eating facility, without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or

Within three hundred feet of a bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble.

EXCEPTION: When the necessities of operation require the vehicle be parked for a brief period of time; and
It is impractical to park the vehicle in any other place.
(4) Vehicle attendance. A vehicle transporting any quantity of Class A or B explosives must be attended at all times by a driver or other representative of the vehicle carrier, except as provided in subsection (5) of this section.

(5) Authorized nonattendance.

(a) An explosive laden vehicle may be left unattended for a period not to exceed forty-eight hours, provided:

(i) The vehicle is parked in a designated parking lot, which complies with:

(A) NFPA Std. 498; and

(B) The appropriate distance table for the type and quantity of explosives carried.

(ii) The designated parking lot is correctly bermed and walled or fenced and gated to prevent unauthorized entry.

(iii) The designated lot is:

(A) Inspected and approved by the department; and

(B) Provided with a full-time security patrol at all times when explosives are present.

(b) An explosive delivery truck does not need to be attended when it contains blasting agents only, International Class 1.5 D, and no high explosives provided the:

(i) Vehicle is locked to prevent movement of the vehicle;

(ii) Cargo compartments are locked to prevent theft;

(iii) Vehicle is parked according to all applicable storage distance requirements; and

(iv) Vehicle is located in a secured area which restricts entry to the area by unauthorized personnel.

(6) Attendant.

(a) An authorized attendant must be physically present within the field of vision of explosives.

(b) In an emergency, the attendant must be able to get to explosives quickly and without interference, except for brief periods of necessary absence, during which, theft of explosives is not ordinarily possible.

(c) The attendant must be:

Awake;

Alert;

Not engaged in activities which may divert the attendant's attention from monitoring explosives;

Aware of:

The class of the explosive material in the vehicle; and

The explosive material's inherent dangers;

Instructed in the measures and procedures to be followed to protect the public;

Familiar with the vehicle assigned;

Trained;

Authorized to move the vehicle when required; and

Supplied with the necessary means to move the vehicle when required.

(7) Loading precautions. A vehicle must not transport explosives in the same vehicle body with the following types of items unless loading complies with U.S. DOT regulations:

Spark producing metal;

Spark producing tools;

Oils;

Matches;

Firearms;

Electric storage batteries;

Flammable substances;

Acids;

Oxidizing materials; or

Corrosive compounds.

(8) Congested areas. Vehicles transporting explosives must avoid congested areas and heavy traffic.

(9) Disabled vehicles.

Supervision. Proper and qualified supervision must be provided before explosives may be transferred from a disabled vehicle to another vehicle.

Local authority notification.

Congested areas. Local fire and police departments must be promptly notified.

Remote areas. Local fire and police departments must be notified if appropriate.

(10) Explosives delivery and issue. Delivery and issue of explosives must only be made:

By and to authorized persons; and

Into authorized magazines or authorized temporary storage or handling areas.

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NEW SECTION
WAC 296-52-68065   Transporting detonators and explosives in the same vehicle.   (1) The following types of detonators, fuse type detonators, detonators with safety fuse, or detonators with metal clad mild detonating fuse, must not be transported on the same vehicle or trailer with other explosives, unless they comply with U.S. DOT hazardous material regulations for:

Packaging;

Separation; and

Transportation.

(2) Detonators rated as nonmass detonating by U.S. DOT may be transported in the same vehicle or trailer with other explosives when the:

Detonators are carried in U.S. DOT approved shipping containers; or

Truck or trailer complies with the requirements of IME Safety Library Publication Number 22, May 1993.

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NEW SECTION
WAC 296-52-68070   Underground blasting operations.  

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NEW SECTION
WAC 296-52-68075   Powder cars, vehicles, and conveyances.   Explosives and blasting agents must be hoisted, lowered, or conveyed in a powder car:

(1) State approval. A state approved powder car or conveyance must be used underground.

(2) Two unit compartments. Compartments, for transporting detonators and explosives together on the same conveyance, must be physically separated by a:

Distance of twenty-four inches; or

Solid partition at least six inches thick.

(3) Auxiliary lights prohibited. Auxiliary lights which are powered by an electrical system on truck beds is prohibited.

(4) Daily inspection. The powder car or conveyance must be inspected daily for:

Properly working lights;

Properly working brakes; and

External damage to electrical circuitry.

(5) Weekly inspection.

The electrical system must be inspected weekly to detect any failures that may constitute an electrical hazard; and

A written inspection certification record must:

Contain the date of inspection, the serial number, or other positive identification, of the unit being inspected, and the signature of the person performing the inspection.

Be kept on file for the duration of the job.

(6) Explosives warning sign. The powder car or conveyance built for the purpose of transporting explosives or blasting agents must have a sign on each side of the car with:

The word "explosives";

Letters at least four inches in height; and

A background of sharply contrasting color.

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NEW SECTION
WAC 296-52-68080   Notification -- Hoist operator.   Hoist operators must be notified before explosives or blasting agents are transported in a shaft conveyance.

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NEW SECTION
WAC 296-52-68085   Underground transportation.   (1) Explosives and blasting agents.

Companion items.

Explosives or blasting agents must not be transported in the same conveyance at the same time with other materials, supplies, or equipment; and

Detonators and other explosives must not be transported at the same time in any shaft conveyance.

Explosive and blasting agents shall be hoisted, lowered, or conveyed in a powder car.

Manual transportation. Explosives or blasting agents that are not in their original containers must be placed in a suitable container when transported manually.

Car or conveyance. Whenever possible, the car or conveyance containing explosives or blasting agents must be pulled and not be pushed.

Locomotives. Explosives or blasting agents must:

Not be transported on any locomotive; and

Be separated by at least two car lengths from the locomotive.

Riding on a conveyance. When transporting explosives or blasting agents, no one must be permitted to ride on a:

Shaft conveyance; or

Other conveyance, except the operator, helper, or powder person.

Crew haul trips. Explosives or blasting agents must not be transported on a crew haul trip.

Disposition at arrival. All explosives or blasting agents in transit underground must be taken to the place of use or storage without delay.

(2) Quantity limit. The quantity of explosives or blasting agents taken to an underground loading area must not exceed the amount estimated to be necessary for the blast.

(3) Unloading primers at the blast site.

Primers must not be unloaded until after:

Drilling has been completed; and

The holes in the round are ready for loading.

Primers must be unloaded from the powder car at the face or heading.

Only the number of primers being used for the round must be removed from the powder car; and

The powder car must be removed from the tunnel after the charge has been loaded.

(4) Electric detonators. Wires on electric detonators must be kept shunted until wired to the bus wires.

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PART E

STORAGE OF EXPLOSIVE MATERIALS
NEW SECTION
WAC 296-52-69005   Detonators.   Detonators, of any kind, must not be stored in any magazine where other explosives are stored.

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NEW SECTION
WAC 296-52-69010   Explosives.   All Class A, B, and C explosives; special industrial explosives; and any newly developed unclassified explosives must be kept in magazines which meet the requirements of chapter 70.74 RCW and this chapter, unless they are:

In the process of manufacture;

Being physically handled;

Being used at the blast site; or

Being transported to a place of storage or use.

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NEW SECTION
WAC 296-52-69015   Exempt explosives.  

Type of Explosive Amount Not Applicable
Stocks of:
small arms ammunition, Quantities less than 750,000
propellant-actuated power cartridges, and
small arms ammunition primers
Smokeless propellants Quantities less than 150 pounds
Black powder (as used in muzzleloading firearms) Quantities less than 5 pounds
Explosive-actuated power devices Quantities less than 50 pounds net weight of explosives
Fuse lighters and igniters (not applicable)
Safety fuses (except cordeau detonant fuses) (not applicable)

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NEW SECTION
WAC 296-52-69020   Storage facilities.   Explosives, except as specified in WAC 296-52-69015, and detonators in quantities of more than one thousand must not be stored in any building or structure except:

A permanent Class 1 magazine; or

An approved and licensed magazine.

Note 1: Components capable of detonation. Any two components which, when mixed, become capable of detonation by a number 6 detonator must be stored in separate locked containers or a licensed approved magazine.
Note 2: Electro magnetic radiation precautions. Blasting operations or storage of electrical detonators must be prohibited in vicinity of operating radio frequency (RF) transmitter stations except where the clearances (WAC 296-52-67060) can be observed.
Note 3: Detonators, detonating primers, and primed cartridges. Detonators, electric detonators, detonating primers, and primed cartridges must not be stored together or in the same magazine with other explosives.
Note 4: Ammonium perchlorate rocket motors. Ammonium perchlorate rocket motors in 62.5 gram amounts or greater, not to exceed fifty pounds in total weight of explosives, may be stored in an attached garage of a single family residence provided that the living area is separated from the garage by at least one-hour fire wall.

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NEW SECTION
WAC 296-52-69025   Quantity and distance tables.   All explosive manufacturing buildings and magazines that store explosives or blasting agents, except small arms ammunition and smokeless powder, must be in compliance, as required by RCW 70.74.120, with the quantity and distance requirements specified in:

Table H-20;

Table H-21; and

Table H-22.

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NEW SECTION
WAC 296-52-69030   Storage within magazines.   (1) Storage materials. Magazines must not be used for storage of metal tools or any commodity other than:

Explosives;

Blasting agents; and

Blasting supplies.

(2) Black powder. Black powder:

(a) Must be stored separately from other explosives in a magazine.

(b) Kegs must be stored on ends, bungs down, or sides, seams down.

(3) Age date mark. Explosives which are not conspicuously age date marked by the manufacturer must be marked with the manufacturing date before being stored in the magazine.

Note: Unidentified explosives confiscated by law enforcement may be marked with the confiscation date if the manufacturer's date is unknown.
(4) Grades and brands.

(a) Identical grades and brands of explosives must be stored together and with the brands and grade marks showing.

(b) All stocks must be stored so they may be easily checked and counted.

(5) Package placement. Explosive packages must be:

Placed top side up; and

Stacked in a stable manner.

(6) Ventilation. Explosive materials must not be:

Stored where they could interfere with ventilation; or

Placed within two inches of interior walls.

(7) Contact with interior walls. Nonsparking lattice or other nonsparking material may be used to prevent contact of stored explosive materials with interior walls.

(8) Housekeeping.

(a) Magazine floors must be:

Regularly swept, sweepings must be properly disposed of, and

Kept clean, dry, and free of grit, paper, and used packages and rubbish.

(b) Brooms and other cleaning utensils must not have any spark producing metal parts.

(c) Floors stained with nitroglycerin must be cleaned according to manufacturer's instructions.

(9) Unpacking or repacking explosives.

(a) Containers of explosives, except fiberboard or other nonmetal containers, must not be unpacked or repacked:

In a magazine;

Within fifty feet of a magazine; or

In close proximity to other explosives.

(b) Opened packages of explosives must be securely closed before being returned to a magazine.

(c) Tools used for opening packages of explosives must be constructed of nonsparking materials.

(d) A wood wedge and a fiber, rubber, or wood mallet must be used for opening or closing wood packages of explosives.

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NEW SECTION
WAC 296-52-69035   Storage limits.   Explosive materials in excess of three hundred thousand pounds or detonators in excess of twenty million must not be stored in one storage magazine.

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NEW SECTION
WAC 296-52-69040   Notification of fire safety authority.   Any person storing explosive materials must notify the local fire safety authority having jurisdiction over the area where the explosive materials are being stored.

(a) Notification must include the following information for each site where explosive materials are being stored:

Type of explosives;

Magazine capacity; and

Location.

(b) Notification must be made:

Orally on the first day explosive materials are stored; and

In writing within forty-eight hours from the time explosive material storage began.

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NEW SECTION
WAC 296-52-69045   Magazine repairs.   Before beginning repair activities that could cause sparks or fire:

All explosives must be removed from the magazine;

The floor must be cleaned before beginning repairs inside a magazine;

Explosives removed from a magazine under repair must be placed:

In another magazine; or

A safe distance from the magazine; and

Explosives must be properly attended until they are returned to the magazine.

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NEW SECTION
WAC 296-52-69050   Inventory.   (1) Responsible person. A qualified person must be:

Responsible for the magazine at all times;

At least twenty-one years of age; and

Held responsible for the enforcement of all safety precautions.

(2) Security and access. Explosives must:

Be accounted for at all times;

Be kept in a locked magazine when not in use; and

Not be accessible to unauthorized persons.

(3) Recordkeeping. Inventory and use records must be maintained for all explosives.

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NEW SECTION
WAC 296-52-69055   Inspection.   (1) Weekly inspection.

(a) A magazine must be inspected at least every seven days by the person or company responsible for the contents of the magazine to determine whether there has been an unauthorized:

Attempted entry into the magazine; or

Removal of the contents of the magazine.

(b) The person conducting the inspection must be familiar with the magazine and the contents being inspected.

Note: This inspection is not required to be an inventory.
(2) Inspection documentation.

(a) The person conducting the inspection must sign one of the following documents upon completion of the inspection:

A weekly inspection log;

An inventory sheet; or

Other record.

(b) Weekly inspection records must be retained for at least one year.

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NEW SECTION
WAC 296-52-69060   Surrounding area precautions.   (1) Firearms. Firearms, except firearms carried by qualified guards and qualified law enforcement officers, must not be permitted inside of or within fifty feet of a magazine.

(2) Area maintenance. The area surrounding magazines must:

Be kept clear of rubbish, brush, dry grass, or trees, except live trees more than ten feet tall, for at least twenty-five feet in all directions;

Volatile materials must be at least fifty feet from outdoor magazines; and

Living foliage used to stabilize earthen coverings of a magazine does not need to be removed.

Ground around storage facilities must slope away for drainage.

(3) Fire sources. Smoking, matches, open flames, and spark producing devices are not permitted:

In any magazine;

Within fifty feet of an outdoor magazine; or

In any room containing an indoor magazine.

(4) Warning signs.

(a) Access routes. All normal access routes to explosive materials storage facilities, except Class 3 (1.3) magazines, must be posted with warning signs that read:


DANGER

NEVER FIGHT EXPLOSIVE FIRES

EXPLOSIVES ARE STORED ON THIS SITE

CALL


(b) Sign specifications and placement. These signs must:

(i) Be in contrasting colors;

(ii) Have letters a minimum three inches (75 mm) high and 1/2 inch (12.5 mm) wide;

(iii) Be placed so a bullet passing through the sign will not strike a magazine; and

(iv) Not be attached to magazines.

(c) Transportation placards. Placards required by U.S. DOT (49 CFR) for blasting agent transportation must be displayed on all Class 5 magazines where blasting agents are being stored.

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NEW SECTION
WAC 296-52-69065   Deteriorated explosives.  

When any explosive is suspected of being deteriorated to the extent that it is unstable or dangerous, or if nitroglycerin leaks from any explosives, the explosive must be immediately destroyed in the manner recommended by the manufacturer.

Only a licensed blaster may destroy explosives.

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NEW SECTION
WAC 296-52-69070   Explosives recovered from misfires.   Storage. Explosives recovered from misfires must be placed in a separate licensed magazine until they can be disposed of as required below.

Detonator use. Detonators suspected of being defective must not be reused.

Disposal. Explosives and detonators must be disposed of by a blaster in charge in the manner recommended by the manufacturer.

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NEW SECTION
WAC 296-52-69075   Theft or loss.   (1) Responsible person. Any person responsible for explosives that knows of a theft or loss of explosives must report it:

To the local law enforcement agency; and

Within twenty-four hours of discovery.

(2) Law enforcement. Local law enforcement agencies must report a theft or loss of explosives to the department immediately.

(3) Other persons. Other individuals that know of an unauthorized or attempted magazine entry should report this information to the local law enforcement agency.

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NEW SECTION
WAC 296-52-69080   Blast site storage.   (1) Location. Temporary explosives storage at blast sites must be located away from:

Inhabited buildings;

Railways;

Highways; and

Other magazines.

(2) Separation distance. A distance must be maintained between magazines and the work in progress. This distance must be at least:

One hundred fifty feet when the quantity of explosives kept is in excess of twenty-five pounds; and

Fifty feet when the quantity of explosives kept is twenty-five pounds or less.

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NEW SECTION
WAC 296-52-69085   Multiple magazines.   (1) Separation distance. When two or more storage magazines are located on the same property, each magazine must comply with the minimum quantity and separation distance requirements for:

Magazines (Table H-21); and

Inhabited buildings, railways, and highways (Table H-20).

(2) Distance less than required. If the separation distance between two or more magazines is less than the distance required (Table H-21), the magazine group must be:

Considered one magazine; and

Comply with the minimum distance requirements for inhabited buildings, railways, and highways (Table H-20).

(3) Distance of group magazines to other magazines. Each magazine of a group must comply with minimum magazine distance requirements (Table H-21) in relation to other magazines not considered part of the group.

(4) Quantity of explosives.

(a) Magazine group. The total quantity of explosives stored in a magazine group must:

Be considered one magazine; and

Not exceed the requirements of Table H-21 for one magazine.

(b) Detonator magazine. The quantity of explosives contained in a detonator magazine takes precedence over the minimum magazine distance requirements (Table H-21) when determining the separation distance required between a detonator magazine and magazines that contain other types of explosives.

(c) Detonator strength. Strengths of blasting and electric detonators:

Through number eight must be rated as one and one-half pounds of explosives per one thousand detonators; or

Higher than number eight must be computed on the combined weight of explosives.

[]


NEW SECTION
WAC 296-52-69090   Blasting agents and supplies.   (1) Storage.

(a) When stored with explosives, blasting agents or ammonium nitrate must be stored as required in WAC 296-52-70005 through 296-52-70025.

(b) When computing the total quality of explosives for determining the distance requirements, the mass of blasting agents and one-half the mass of ammonium nitrate must be included.

(c) When stored separately from explosives, they may be stored as required in WAC 296-52-70045 through 296-52-70050, WAC 296-52-70055 through 296-52-70060, or in warehouses which are:

One story without basements;

Noncombustible or fire resistant;

Constructed to eliminate open floor drains and piping into which molten materials could flow and be confined in case of fire; Weather resistant, well ventilated; and

Equipped with a strong door kept securely locked except when open for business.

(d) Semi-trailer or full trailer vans used for highway or on site transportation of blasting agents are satisfactory for temporarily storing these materials provided:

They are located in accordance with Table H-20 with respect to inhabited buildings, passenger railways and public highways; and

According to Table H-22 with respect to one another. Trailers must be provided with substantial means for locking and the trailer doors must be kept locked except during the time of placement or removal of blasting agents.

(e) Warehouses used for storage of blasting agents must be located in accordance with:

The provisions of Table H-20 with respect to inhabited buildings, passenger railways, and public highways; and

According to Table H-22 with respect to one another.

(f) Combustible materials, flammable liquids, corrosive acids, chlorates or nitrates must not be stored in any warehouse used for blasting agents unless separated by a fire resistant separation of not less than one-hour resistance;

(g) The storage of blasting agents with nonexplosive blasting supplies is not prohibited;

(h) Every warehouse used for the storage of blasting agents must be under the supervision of a competent person who is at least twenty-one years old.

(2) Combustible materials. The following are prohibited inside of or within fifty feet (15.2 m) of any warehouse used for storing blasting agents:

Smoking;

Matches;

Open flames;

Spark producing devices; and

Firearms.

(3) Housekeeping. The interior of warehouses used for the storage of blasting agents must:

Be kept clean and free from debris and empty containers; and

Cleaned up promptly and safely remove all spilled materials.

[]


NEW SECTION
WAC 296-52-69095   Ammonium nitrate.   (1) Storage:

(a) Storage requirements do not apply to:

The transportation of ammonium nitrates while under jurisdiction of and in compliance with U.S. DOT regulations (see 49 CFR, Part 173).

The storage of ammonium nitrates while under the jurisdiction of and in compliance with U.S. Coast Guard (see 49 CFR, Parts 146-149).

The storage of ammonium nitrate and ammonium nitrate mixtures, which are more sensitive than allowed by the bulletin "Definition and Test Procedures for Ammonium Nitrate Fertilizers" from the Fertilizer Institute, 501 2nd St. N.E., Washington, D.C. 20006. This definition limits the contents of organic materials, metals, sulfur, etc., in a product that may be classified ammonium nitrate fertilizer.

The production of ammonium nitrate or to the storage of ammonium nitrate on the premises of the producing plant, provided that no undue hazard to employees or the public is created.

The standards for ammonium nitrate (nitrous oxide grade) that are found in the "specifications, properties and recommendations for packaging, transportation, storage and use of ammonium nitrate," from the Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Suite 1004, Arlington, VA 22202-4100.

(b) Storage requirements do apply to:

Anyone storing, having or keeping ammonium nitrate and to the owner or lessee of any building, premises, or structure in which ammonium nitrate is stored in quantities of one thousand pounds (425 kg) or more.

Ammonium nitrate in the form of crystals, flakes, grains or prills including fertilizer grade, dynamite grade, nitrous oxide grade, technical grade and other mixtures containing sixty percent or more ammonium nitrate by weight.

Approval of large quantity storage is based on fire and explosion hazards, including exposure to toxic vapors from burning or decomposing ammonium nitrate.

(c) Storage buildings must:

Not have basements unless the basements are open on at least one side;

Not be over one story in height;

Have adequate ventilation or be of a construction that will be self-ventilating in the event of a fire;

Have walls of fire resistant construction when the exposed side of a storage building is within fifty feet (15.2 m) of a combustible building, forest, piles of combustible materials and similar exposure hazards. In lieu of the fire resistant wall, other suitable means of exposure protection such as a freestanding wall may be used;

Have roof coverings that are Class C or better as defined in Roof Coverings, NFPA 203M-1970;

Have flooring of noncombustible material or protected against impregnation by ammonium nitrate and must be without open drains, traps, tunnels, pits or pockets into which any molten ammonium nitrate could flow and be confined in the event of a fire.

The continued use of an existing storage building or structure not in strict conformity with this section may be approved in cases where such continued use will not constitute a hazard to life or adjoining property;

Be dry and free from water seepage through the roof, walls and floors.

(d) Storage in bags, drums or other containers must:

Comply with specifications and standards required for use in interstate commerce (see 49 CFR, chapter 1). Containers used on the premises in the actual manufacturing or processing need not comply.

Not be accepted for storage when the temperature of the ammonium nitrate exceeds 130F (54.4C).

Not be stored within thirty inches (76 cm) of the storage building walls and partitions.

Not have piles exceed twenty feet (6.1 m) in height, twenty feet (6.1 m) in width, and fifty feet (15.2 m) in length, except where the building is of noncombustible construction or is protected by automatic sprinklers, then the length of piles need not be limited.

Never be stacked closer than thirty-six inches (.09 m) below the roof or supporting and spreader beams overhead.

Have aisles provided to separate piles by a clear space of not less than three feet (.09 m) in width. One main aisle in the storage area must not be less than four feet (1.2 m) in width.

(e) Storage of bulk ammonium nitrate must:

Have warehouses with adequate ventilation or be capable of adequate ventilation in case of fire.

Have structures that do not exceed forty feet (12.2 m) in height, unless constructed of noncombustible material or have adequate facilities for fighting a roof fire.

Have bins that are clean and free of materials, which may contaminate ammonium nitrate.

Have bins or piles that are clearly identified by signs reading "ammonium nitrate" in letters at least two inches (5 cm) high.

Have bins or piles sized and arranged so that all material in the pile is moved out periodically in order to minimize the possible caking of the stored ammonium nitrate.

Be adequately separated from readily combustible fuels. Due to the corrosive and reactive properties of ammonium nitrate, and to avoid contamination, galvanized iron, copper, lead and zinc must not be used in bin construction unless suitably protected. Aluminum bins and wooden bins protected against impregnation by ammonium nitrate are permissible.

Have partitions dividing the ammonium nitrate storage from other products, which would contaminate the ammonium nitrate and be of tight construction.

Not be accepted for storage when the temperature of the product exceeds 130F (54.4C).

Not be piled higher than thirty-six inches (0.9 m) below the roof or supporting and spreader beams overhead. The pressure setting tendency of the product must limit height or depth of piles.

Not use dynamite, other explosives and blasting agents to break up or loosen caked ammonium nitrate.

Not store flammable liquids, such as gasoline, kerosene, solvents and light fuel oils on the premises except when such storage conforms to WAC 296-24-330 and when walls and sills or curbs are provided in accordance with WAC 296-52-69095.

Not store LP gas on the premises except when such storage conforms to WAC 296-24-475.

Not store sulfur and finely divided metals in the same building with ammonium nitrate except when such storage conforms to chapter 296-52 WAC and NFPA standard 495, Explosives Materials Code.

Not store explosives and blasting agents in the same building with ammonium nitrate except on the premises of makers, distributors, and user-compounders of explosives or blasting agents. When explosives or blasting agents are stored in separate buildings, other than on the premises of makers, distributors, and user compounders, they must be separated from the ammonium nitrate by the distances and/or barricades specified in Table H-22 or by at least fifty feet (15.2 m).

Have storage and/or operations on the premises of makers, distributors, and user-compounders that are in conformity with chapter 296-52 WAC.

(2) Contaminants must be in a separate building or be separated by an approved firewall of not less than one hour of fire resistance rating from storage of ammonium nitrate. The contaminants are:

Organic chemicals;

Acids;

Other corrosive materials;

Materials that may require blasting during processing or handling;

Compressed flammable gases;

Flammable and combustible materials;

Other contaminating substances, including animal fats, baled cotton, baled rags, baled scrap paper, bleaching powder, burlap or cotton bags, caustic soda, coal, coke, charcoal, cork, camphor, excelsior, fibers of any kind, fish oils, fish meal, foam rubber, hay, lubricating oil, linseed oil, other oxidizable or drying oils, naphthalene, oakum, oiled clothing, oiled paper, oiled textiles, paint, straw, sawdust, wood shavings, or vegetable oils; and

Have separation spaces of at least thirty feet (9.1 m), in lieu of separation walls, which need to extend only to the underside of the roof.

(3) Housekeeping requirements must have the following:

Electrical installations, which conform to the requirements of chapter 296-24 WAC, Part L, for ordinary locations and be designed to minimize damage from corrosion.

Adequate lightning protections in areas where lightning storms are prevalent. (See NFPA 78-1992, Lightning Protection Code.)

Provisions to prevent unauthorized personnel from entering the ammonium nitrate storage area.

(4) Fire protection must provide:

Water supplies and fire hydrants in accordance with recognized good practices.

Suitable fire control devices such as a small hose or portable fire extinguishers throughout the warehouse and in the loading and unloading areas. Suitable fire control devices must comply with the requirements of WAC 296-800-300 and 296-24-602.

Sprinkler systems of the approved type and installed in accordance with WAC 296-24-607. No more than two thousand five hundred tons (2,270 metric) of bagged ammonium nitrate may be stored in a building or structure that is not equipped with an automatic sprinkler system.

[]


NEW SECTION
WAC 296-52-69100   Quantity and distance tables.  

[]


NEW SECTION
WAC 296-52-69105   Table H-20 -- Table of distances for storage of explosives.  

Table H-20

Table of Distances for Storage of Explosives

Quantity of Explosive Distances (in Feet)
(In Pounds) Inhabited Buildings Public Highways With Traffic Volume 3,000 or Less Vehicles Per Day Passenger Railways and Public Highways: With Traffic Volume of More Than 3,000 Vehicles Per Day
Over Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded
0 5 70 140 30 60 51 102
5 10 90 180 35 70 64 128
10 20 110 220 45 90 81 162
20 30 125 250 50 100 93 186
30 40 140 280 55 110 103 206
40 50 150 300 60 120 110 220
50 75 170 340 70 140 127 254
75 100 190 380 75 150 139 278
100 125 200 400 80 160 150 300
125 150 215 430 85 170 159 318
150 200 235 470 95 190 175 350
200 250 255 510 105 210 189 378
250 300 270 540 110 220 201 402
300 400 295 599 120 240 221 442
400 500 320 640 130 260 238 476
500 600 340 680 135 270 253 506
600 700 355 710 145 290 266 532
700 800 375 750 150 300 278 556
800 900 390 780 155 310 289 578
900 1,000 400 800 160 320 300 600
1,000 1,200 425 850 165 330 318 636
1,200 1.400 450 900 170 340 336 672
1,400 1,600 470 940 175 350 351 702
1,600 1,800 490 980 180 360 366 732
1,800 2,000 505 1,010 185 370 378 756
2,000 2,500 545 1,090 190 380 408 816
2,500 3,000 580 1,160 195 390 432 864
3,000 4,000 635 1,270 210 420 474 948
4,000 5,000 685 1,370 225 450 513 1,026
5,000 6,000 730 1,460 235 470 546 1,092
6,000 7,000 770 1,540 245 490 573 1,146
7,000 8,000 800 1,600 250 500 600 1,200
8,000 9,000 835 1,670 255 510 624 1,248
9,000 10,000 865 1,730 260 520 645 1,290
10,000 12,000 875 1,750 270 540 687 1,374
12,000 14,000 885 1,770 275 550 723 1,446
14,000 16,000 900 1,800 280 560 756 1,512
16,000 18,000 940 1,880 285 570 786 1,572
18,000 20,000 975 1,950 290 580 813 1,626
20,000 25,000 1,055 2,000 315 630 876 1,752
25,000 30,000 1,130 2,000 340 680 933 1,866
30,000 35,000 1,205 2,000 360 720 931 1,962
35,000 40,000 1,275 2,000 380 760 1,026 2,000
40,000 45,000 1,340 2,000 400 800 1,068 2,000
45,000 50,000 1,400 2,000 420 840 1,104 2,000
50,000 55,000 1,460 2,000 440 880 1,140 2,000
55,000 60,000 1,515 2,000 455 910 1,173 2,000
60,000 65,000 1,565 2,000 470 940 1,206 2,000
65,000 70,000 1,610 2,000 485 970 1,236 2,000
70,000 75,000 1,655 2,000 500 1,000 1,263 2,000
75,000 80,000 1,695 2,000 510 1,020 1,293 2,000
80,000 85,000 1,730 2,000 520 1,040 1,317 2,000
85,000 90,000 1,760 2,000 530 1,060 1,344 2,000
90,000 95,000 1,790 2,000 540 1,080 1,368 2,000
95,000 100,000 1,815 2,000 545 1,090 1,392 2,000
100,000 110,000 1,835 2,000 550 1,100 1,437 2,000
110,000 120,000 1,855 2,000 555 1,110 1,479 2,000
120,000 130,000 1,875 2,000 560 1,120 1,521 2,000
130,000 140,000 1,890 2,000 565 1,130 1,557 2,000
140,000 150,000 1,900 2,000 570 1,140 1,593 2,000
150,000 160,000 1,935 2,000 580 1,160 1,629 2,000
160,000 170,000 1,965 2,000 590 1,180 1,662 2,000
170,000 180,000 1,990 2,000 600 1,200 1,695 2,000
180,000 190,000 2,010 2,010 605 1,210 1,725 2,000
190,000 200,000 2,030 2,030 610 1,220 1,755 2,000
200,000 210,000 2,055 2,055 620 1,240 1,782 2,000
210,000 230,000 2,100 2,100 635 1,270 1,836 2,000
230,000 250,000 2,155 2,155 650 1,300 1,890 2,000
250,000 275,000 2,215 2,215 670 1,340 1,950 2,000
275,000 300,000 2,275 2,275 690 1,380 2,000 2,000

Note 1: Terms used in Table H-20 are found in WAC 296-52-60130.
Note 2: Source of table data is BATF (6/90) 55.218.

[]


NEW SECTION
WAC 296-52-69110   Table H-21 -- Quantity and distance table for separation between magazines.  

Note: This table applies to the permanent storage of commercial explosives only. It does not apply to explosives:
Handling;
Transportation;
Temporary storage of explosives;
Bombs, projectiles, or other heavily encased explosives.
(1) Magazines containing detonators and electric detonators must be separated from:

(a) Other magazines containing similar contents; or

(b) Magazines containing explosives by distances in the following table.

(2) Barricade means effective screening of a building containing explosives by means of a natural or artificial barrier from:

A magazine.

Another building.

A railway.

A highway.

Note: For this type of barrier, a straight line passes from the top of any side wall of a building containing explosives to:
The eave line of any magazine; or
Another building; or
A point twelve feet above the center of a railway or highway.
(3) Artificial barricade means:

An artificial mound or properly revetted wall of earth with a minimum thickness of at least three feet; or

Any other artificial barricade approved by the department.

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

Note: With site specific department approval, a stand of mature timber could qualify as a natural barricade. To qualify, the timber must be dense enough so the area requiring protection cannot be seen from the magazine when the trees in the stand are bare of leaves.

Table H-21

QUANTITY AND DISTANCE TABLE FOR SEPARATION BETWEEN MAGAZINES CONTAINING EXPLOSIVES Separation Distance in Feet Between Magazines
Pounds Over Pounds Not Over Not Barricaded Barricaded
2 5 12 6
5 10 16 8
10 20 20 10
20 30 22 11
30 40 24 12
40 50 28 14
50 75 30 15
75 100 32 16
100 125 36 18
125 150 38 19
150 200 42 21
200 250 46 23
250 300 48 24
300 400 54 27
400 500 58 29
500 600 62 31
600 700 64 32
700 800 66 33
800 900 70 35
900 1,000 72 36
1,000 1,200 78 39
1,200 1,400 82 41
1,400 1,600 86 43
1,600 1,800 88 44
1,800 2,000 90 45
2,000 2,500 98 49
2,500 3,000 104 52
3,000 4,000 116 58
4,000 5,000 122 61
5,000 6,000 130 65
6,000 7,000 136 68
7,000 8,000 144 72
8,000 9,000 150 75
9,000 10,000 156 78
10,000 12,000 164 82
12,000 14,000 174 87
14,000 16,000 180 90
16,000 18,000 188 94
18,000 20,000 196 98
20,000 25,000 210 105
25,000 30,000 224 112
30,000 35,000 238 119
35,000 40,000 248 124
40,000 45,000 258 129
45,000 50,000 270 135
50,000 55,000 280 140
55,000 60,000 290 145
60,000 65,000 300 150
65,000 70,000 310 155
70,000 75,000 320 160
75,000 80,000 330 165
80,000 85,000 340 170
85,000 90,000 350 175
90,000 95,000 360 180
95,000 100,000 370 185
100,000 110,000 380 195
110,000 120,000 410 205
120,000 130,000 430 215
130,000 140,000 450 225
140,000 150,000 470 235
150,000 160,000 490 245
160,000 170,000 510 255
170,000 180,000 530 265
180,000 190,000 550 275
190,000 200,000 570 285
200,000 210,000 590 295
210,000 230,000 630 315
230,000 250,000 670 335
250,000 275,000 720 360
275,000 300,000 770 385

[]


NEW SECTION
WAC 296-52-69115   Table H-22 -- Separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.  

Table H-22


TABLE OF SEPARATION DISTANCES OF AMMONIUM NITRATE AND BLASTING AGENTS FROM EXPLOSIVES OR BLASTING AGENTS1

Donor weight Minimum separation distance of receptor when barricaded2 (ft.) Minimum thickness of artificial barricades5 (in.)
Pounds over Pounds not over Ammonium nitrate3 Blasting agent4
100 3 11 12
100 300 4 14 12
300 600 5 18 12
600 1,000 6 22 12
1,000 1,600 7 25 12
1,600 2,000 8 29 12
2,000 3,000 9 32 15
3,000 4,000 10 36 15
4,000 6,000 11 40 15
6,000 8,000 12 43 20
8,000 10,000 13 47 20
10,000 12,000 14 50 20
12,000 16,000 15 54 25
16,000 20,000 16 58 25
20,000 25,000 18 65 25
25,000 30,000 19 68 30
30,000 35,000 20 72 30
35,000 40,000 21 76 30
40,000 45,000 22 79 35
45,000 50,000 23 83 35
50,000 55,000 24 86 35
55,000 60,000 25 90 35
60,000 70,000 26 94 40
70,000 80,000 28 101 40
80,000 90,000 30 108 40
90,000 100,000 32 115 40
100,000 120,000 34 122 50
120,000 140,000 37 133 50
140,000 160,000 40 144 50
160,000 180,000 44 158 50
180,000 200,000 48 173 50
200,000 220,000 52 187 60
220,000 250,000 56 202 60
250,000 275,000 60 216 60
275,000 300,000 64 230 60

Note 1: These distances apply to the separation of stores only. Table H-20 must be used in determining separation distances from inhabited buildings, passenger railways, and public highways.
Note 2: When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in the table must be multiplied by six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the like which may enclose the "donor." Where storage is in bullet-resistant magazines recommended for explosives or where the storage is protected by a bullet resistant wall, distances, and barricade thickness in excess of those prescribed in Table H-20 are not required.
Note 3: The distances in the table apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer promulgated by the Fertilizer Institute*, and ammonium nitrate failing to pass said test must be stored at separation distances determined by competent persons. *(Definition and Test Procedures for Ammonium Nitrate Fertilizer, the Fertilizer Institute, formerly the National Plant Food Institute, November 1964).
Note 4: These distances apply to nitro-carbo-nitrates and blasting agents which pass the insensitivity test prescribed in the U.S. DOT regulations.
Note 5: Acceptable barricades include either natural or artificial barricades as defined in WAC 296-52-60130.
Note 6: When the ammonium nitrate must be counted in determining the distances to be maintained from inhabited buildings, passenger railways and public highways, it may be counted at one-half its actual weight because its blast effect is lower.
Note 7: Guide to use of table of recommended separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.
(a) Sketch location of all potential donor and acceptor materials together with the maximum mass of material to be allowed in that vicinity. (Potential donors are high explosives, blasting agents, and combination of masses of detonating materials. Potential acceptors are high explosives, blasting agents, and ammonium nitrate.)
(b) Consider separately each donor mass in combination with each acceptor mass. If the masses are closer than table allowance, distances measured between nearest edges, the combination of masses becomes a new potential donor of weight equal to the total mass. When individual masses are considered as donors, distances to potential acceptors must be measured between edges. When combined masses within propagating distance of each other are considered as a donor, the appropriate distance to the edge of potential acceptors must be computed as a weighted distance from the combined masses:
(i) Calculation of weighted distance from combined masses:
Let M2, M3... Mn be donor masses to be combined.
M1 is a potential acceptor mass.
D12 is distance from M1 to M2 (edge to edge).
D13 is distance from M1 to M3 (edge to edge), etc.
To find weighted distance
D1(2,3... n) from combined masses to M1, add the products of the individual masses and distances and divide the total by the sum of the masses thus:
D1(2,3... n) = M2 x D12 + M3 x D
+ Mn x D12M2 + M + Mn
Propagation is possible if either an individual donor mass is less than the tabulated distance from an acceptor or a combined mass is less than the weighted distance from an acceptor.
(c) When determining the distances separating highways, railroads, and inhabited buildings from potential explosions (as prescribed in Table H-20), the sum of all masses which may propagate (i.e., lie at distances less than prescribed in the table) from either individual or combined donor masses are included. However, when the ammonium nitrate must be included, only fifty percent of its weight must be used because of its reduced blast effects. In applying Table H-21 to distances from highways, railroads, and inhabited buildings, distances are measured from the nearest edge of potentially explodable material.
(d) When all or part of a potential acceptor comprises explosives Class A as defined in U.S. DOT regulations, storage in bullet resistant magazines is required. Safe distances to stores in bullet resistant magazines may be obtained from the intermagazine distances prescribed in Table H-21.
(e) Barricades must not have line of sight openings between potential donors and acceptors which permit blast or missiles to move directly between masses.
(f) Good housekeeping practices must be maintained around any bin containing ammonium nitrate or blasting agent. This includes keeping weeds and other combustible materials cleared within twenty-five feet of such bin. Accumulation of spilled product on the ground must be prevented.

[]


NEW SECTION
WAC 296-52-69120   Table H-23 -- Quantity and distance tables for manufacturing buildings.   Buildings and magazines, on explosives manufacturing plants where workers are regularly employed, must meet the quantity and separation distance requirements of Table H-23, intraexplosives plant quantity and distance table, below.

(1) Explosives manufacturing buildings. Explosives manufacturing buildings must be located away from manufacturing and nonmanufacturing buildings as required by Table H-23.

(2) Magazines. Magazines must be located away from manufacturing and nonmanufacturing buildings as required by Table H-23.

Table H-23

EXPLOSIVES
Distance Feet
Pounds Over Pounds Not Over Separate Building or Within Substantial Dividing Walls
. . . . 10
10 25 40
25 50 60
50 100 80
100 200 100
200 300 120
300 400 130
400 500 140
500 750 160
750 1,000 180
1,000 1,500 210
1,500 2,000 230
2,000 3,000 260
3,000 4,000 280
4,000 5,000 300
5,000 6,000 320
6,000 7,000 340
7,000 8,000 360
8,000 9,000 380
9,000 10,000 400
10,000 12,500 420
12,500 15,000 450
15,000 17,500 470
17,500 20,000 490
20,000 25,000 530
25,000 30,000 560
30,000 35,000 590
35,000 40,000 620
40,000 45,000 640
45,000 50,000 660
50,000 55,000 680
55,000 60,000 700
60,000 65,000 720
65,000 70,000 740
70,000 75,000 770
75,000 80,000 780
80,000 85,000 790
85,000 90,000 800
90,000 95,000 820
95,000 100,000 830
100,000 125,000 900
125,000 150,000 950
150,000 175,000 1,000
175,000 200,000 1,050
200,000 225,000 1,100
225,000 250,000 1,150
250,000 275,000 1,200
275,000 300,000 1,250

When a building or magazine containing explosives is barricaded, the distance shown in the table may be reduced by half.

[]


NEW SECTION
WAC 296-52-69125   Table H-24 -- Low explosives.   (1) Magazines which are restricted to the storage of Class C, low explosives only, as defined in this chapter or classified as low explosives by BATF, may be located in accordance with Table H-24.

(2) Detonators must not be stored with low explosives.

Table H-24


TABLE OF DISTANCES FOR STORAGE OF LOW EXPLOSIVES

Pounds From inhabited building distance

(feet)

 From public railroad and highway

distance (feet)

 From above ground magazine

(feet)
Over Not Over
0 1,000 75 75 50
1,000 5,000 115 115 75
5,000 10,000 150 150 100
10,000 20,000 190 190 125
20,000 30,000 215 215 145
30,000 40,000 235 235 155
40,000 50,000 250 250 165
50,000 60,000 260 260 175
60,000 70,000 270 270 185
70,000 80,000 280 280 190
80,000 90,000 295 295 195
90,000 100,000 300 300 200
100,000 200,000 375 375 250
200,000 300,000 450 450 300

[]

PART F

MAGAZINE CONSTRUCTION
NEW SECTION
WAC 296-52-700   Magazine construction.   Construction of explosive storage magazines must comply with the requirements of:

This chapter; and

Bureau of Alcohol, Tobacco, and Firearms (BATF) regulations.

Note 1: Bulk storage bin construction. Construction requirements for blasting agent bulk storage bins are located at WAC 296-52-67140.
Note 2: Alternative construction for magazine exteriors (nonmandatory). The alternatives listed below may be used for magazine exteriors. All steel and wood dimensions shown are actual thickness. To meet the concrete block and brick dimensions indicated, the manufacturer's represented thickness may be used.
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 two inches of hardwood.
3/8-inch steel lined with an interior of:
Three inches softwood; or
2 1/4-inches of plywood.
1 1/4-inch steel lined with:
An interior of five inches of softwood; or
5 1/4-inches of plywood.
3/16-inch steel lined with an interior of four inches of hardwood.
3/16-inch steel lined with:
An interior of seven inches of softwood; or
6-3/4-inches of plywood.
3/16-inch steel lined with:
An intermediate layer of three inches of hardwood; and
An interior lining of 3/4-inch plywood.
1/8-inch steel lined with an interior of five inches of hardwood.
1/8-inch steel lined with an interior of nine inches of softwood.
1/8-inch steel lined with:
An intermediate layer of four inches of hardwood; and
An interior lining of 3/4-inch plywood.
Any type of structurally sound fire resistant material lined with:
An intermediate layer of four inches solid concrete block; or
Four inches solid brick or four inches of solid concrete; and
An interior lining of 1/2-inch plywood placed securely against the masonry lining.
Standard eight-inch concrete block with voids filled with well-tamped sand/cement mixture.
Standard eight-inch solid brick.
Any type of structurally sound fire resistant material lined with an intermediate six-inch space filled with:
Well-tamped dry sand; or
Well-tamped sand/cement mixture.
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.
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; and
A fourth intermediate layer of two inches of hardwood or 14-gauge steel and an interior lining of 3/4-inch plywood.
Eight-inch thick solid concrete.

[]


NEW SECTION
WAC 296-52-70005   Class 1 magazines -- Permanent storage facilities.   A Class 1 storage facility must be:

A permanent structure such as:

A building;

An igloo;

Army type structure;

A tunnel; or

A dugout.

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

[]


NEW SECTION
WAC 296-52-70010   Building construction.   All building type storage facilities must:

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

Have no openings except for entrances and ventilation; and

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; and

Be at least six inches in thickness.

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

Have all hollow spaces filled with well-tamped coarse dry sand; or

Weak concrete, a mixture of one part cement and eight parts of 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.

(i) Metal wall construction must consist of one of the following types of metal securely fastened to a metal framework:

Sectional sheets of steel (at least number 14 gauge); or

Aluminum (at least number 14 gauge).

(ii) Metal wall construction must:

Be lined inside with brick, solid cement blocks, and hardwood at least four inches in thickness.

Material of equivalent strength.

Have at least a 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.

(i) The exterior of outer wood walls must be covered with iron or aluminum at least number 26 gauge.

(ii) An inner wall of nonsparking materials must be constructed with a space:

At least six inches between the outer and inner walls, and

Filled with coarse dry sand or weak concrete.

(2) Floors. Floors must be:

Constructed of a nonsparking material; and

Strong enough to bear the weight of the maximum quantity to be stored.

(3) Foundations.

(a) Foundations must be constructed of brick, concrete, cement block, stone, or wood posts.

(b) If piers or posts are used in lieu of a continuous foundation, the space under the buildings must be enclosed with metal.

(4) Roofs.

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

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

A sand tray must be:

Located at the tops of inner walls 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:

Attached to the doors by welding, riveting or bolting, nuts on inside of door; and

Installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked.

(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:

At least five tumblers;

A case hardened shackle at least 3/8-inches in diameter; and

Be protected with at least 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.

Except at doorways, a two-inch air space must be left around ceilings and the perimeter of floors;

Foundation ventilators must at least four by six inches; and

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

(8) Exposed metal.

Sparking metal construction must not be exposed below the top of walls in interior storage facilities; and

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

[]


NEW SECTION
WAC 296-52-70015   Igloos and army type structures, tunnels, and dugouts.   These storage facilities must:

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);

Have interior walls and floors covered with a nonsparking material; and

Be constructed in accordance to the requirements of WAC 296-52-70005 through 296-52-70060.

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NEW SECTION
WAC 296-52-70020   Class 2 magazines -- Portable field storage.   A Class 2 storage facility must:

Be a box, trailer, semi-trailer, or other mobile facility.

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

Be at least one cubic yard in size.

Shall be supported to prevent direct contact with the ground.

The ground around the magazine slope away for drainage or other adequate drainage.

When unattended vehicular magazines must have wheels removed or be effectively immobilized by kingpin locking devices or other methods approved by the department.

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NEW SECTION
WAC 296-52-70025   Construction.   (1) Exterior, doors, and top openings.

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

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

(2) Hinges and hasps. Hinges and hasps must be:

Attached to doors by welding, riveting, or bolting nuts on inside of door.

Installed so they cannot be removed when the doors are closed and locked.

(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:

At least five tumblers and a case hardened shackle of at least 3/8-inch diameter.

Be protected with at least 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.

Except at doorways, a two-inch air space must be left around ceilings and the perimeter of floors;

Foundation ventilators must be at least four by six inches; and

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

(5) Exposed metal.

Sparking metal construction must not be exposed below the top of walls in the interior of storage facilities; and

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

[]


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

For detonators in quantities of one thousand or less;

For ammonium perchlorate rocket motors in 62.5 ram amounts or greater, not to exceed fifty pounds in total weight of explosives; or

For diversionary devices intended for law enforcement use only, not to exceed fifty pounds in total weight of explosives.

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NEW SECTION
WAC 296-52-70035   Storage facilities for detonators.   (1) Storage facilities for detonators in quantities of one thousand or less:

Must be fire resistant and theft resistant.

Need not be bullet resistant and weather resistant if the locked uninhabited building the storage facility is stored in does not provide protection from the weather and bullet penetration.

(2) A magazine for indoor detonator storage may be less than one cubic yard in size, provided it is constructed in compliance with the other requirements of this section.

[]


NEW SECTION
WAC 296-52-70040   Construction.   (1) Sides, bottoms, and covers must be constructed of at least number 12-gauge metal and lined with a nonsparking material.

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

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

(4) When magazines are located indoors, they must be:

Painted red; and

Appropriately labeled for ready identification in case of fire.

[]


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

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.

When unattended vehicular magazines must have wheels removed or be effectively immobilized by kingpin locking devices or other methods approved by the department.

Note: Test results have determined that electric detonators are not affected by sympathetic detonation. Therefore, a Class 4 storage facility meets the necessary requirements for storage of electric detonators.

[]


NEW SECTION
WAC 296-52-70050   Construction.   (1) Magazine materials. These magazines must be constructed of:

Masonry;

Metal covered wood;

Fabricated metal; or

A combination of these materials.

(2) Foundations. Foundations must be constructed of:

Brick;

Concrete;

Cement block;

Stone;

Metal; or

Wood posts.

(3) Piers or posts. If piers or posts are used in lieu of a continuous foundation, the space under the building must be enclosed with fire resistant material.

(4) Walls and floors. The walls and floors must be constructed of, or covered with, a nonsparking material or lattice work.

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

(6) Hinges and hasps. Hinges and hasps must be:

Attached to doors by welding, riveting, or bolting nuts on inside of the door; and

Installed so they cannot be removed when the doors are closed and locked.

(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 at least five tumblers;

Have a case hardened shackle of at least 3/8-inch diameter; and

Be protected with at least 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.

[]


NEW SECTION
WAC 296-52-70055   Class 5 magazines -- Blasting agent storage facilities.   A Class 5 storage facility must:

Be a building, igloo, 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; and

When unattended vehicular magazines must have wheels removed or be effectively immobilized by kingpin locking devices or other methods approved by the department.

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NEW SECTION
WAC 296-52-70060   Construction.   (1) Doors. Doors must be constructed of solid wood or metal.

(2) Hinges and hasps. Hinges and hasps must be:

Attached to doors by welding, riveting, or bolting nuts on inside of door; and

Installed so that they cannot be removed when the doors are closed and locked.

(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:

At least five tumblers; and

A case hardened shackle of at least 3/8-inch diameter.

Padlocks must be protected with at least 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, which 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 door frame. 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.

[]


NEW SECTION
WAC 296-52-70065   Explosives day box.   (1) A day box for explosives must:

Be fire resistant, weather resistant, and theft resistant;

Be used in a manner that safely separates detonators from other explosives;

Be constructed of at least number 12-gauge (.1046 inches) steel;

Be lined with at least either 1/2-inch plywood or 1/2-inch masonite type hardboard;

Have doors that overlap the sides by at least one inch; and

Ground must slope away for drainage.

(2) Hinges and hasps. Hinges and hasps must be attached by welding, riveting, or bolting nuts on the inside.

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

[]


NEW SECTION
WAC 296-52-70070   Detonator day box.   A detonator day box is a temporary storage facility for detonators in quantities of one thousand or less.

(1) Construction materials. Sides, bottoms, and covers must be:

Constructed of number 12-gauge metal; and

Lined with a nonsparking material.

(2) Hinges and hasps. Hinges and hasps must be attached by welding.

(3) Locks. A single five tumbler-proof lock must be used for locking purposes.

[]


NEW SECTION
WAC 296-52-70075   Heating systems.  

[]


NEW SECTION
WAC 296-52-70080   NFPA heating system requirements.   Magazine heating system requirements (NFPA Code Number 495, "Manufacture, Transportation, Storage and Use of Explosive Materials," 1992) and the following apply:

(1) Heat sources. Magazines requiring heat must be:

Heated by either hot water radiant heating within the magazine building; or

Air directed into the magazine building over either hot water or low pressure steam (15 psig) coils located outside the magazine building.

(2) Heating systems. Magazine heating systems must meet the following requirements:

(a) Radiant heating coils. The radiant heating coils within the building must be installed in such a manner that the explosive materials or their containers cannot contact the coils and air is free to circulate between the coils and the explosive materials or their containers.

(b) Heating ducts. The heating ducts must be installed so the hot air discharge from the duct is not directed against the explosive materials or their containers.

(c) Heating device. The heating device used in connection with a magazine must have controls which prevent the ambient building temperature from exceeding 130F.

(d) Electric fan or pump. The electric fan or pump used in the heating system for a magazine must be:

Mounted outside;

Separate from the wall of the magazine; and

Be grounded.

(e) Electric motor, device controls, and switch gear.

(i) Electric motor and device controls. The electric fan motor and the controls for electrical heating devices used in heating water or steam must have overloads and disconnects which comply with the National Electrical Code (National Fire Protection Association, NFPA Number 70-1992).

(ii) Electric switch gear. All electrical switch gear must be located a minimum distance of twenty-five feet from the magazine.


(f) Water or steam heating source.

(i) Distance requirement. A heating source for water or steam must be separated from a magazine by a distance of at least:

Twenty-five feet when the heating source is electrical.

Fifty feet when the heating source is fuel fired.

(ii) Combustible materials. The area between a heating unit and a magazine must not contain combustible materials.

(g) Uniform temperature and air circulation. The storage of explosive materials and their containers in the magazine must allow uniform air circulation so temperature uniformity can be maintained throughout the explosive materials.

[]


NEW SECTION
WAC 296-52-70085   Lighting.   (1) Safety lights or lanterns. Battery activated safety lights or lanterns may be used in explosive storage magazines.

(2) National Fire Protection Association (NFPA) standards.

(a) Electric lighting. Electric lighting used in any explosive storage magazine must meet National Electric Code (NEC) standards (NFPA, NFPA 70-1992) for the conditions present in the magazine at any time.

(b) Electric switches. All electrical switches must:

Be located outside the magazine.

Meet NEC standards.

[]

PART G

MISCELLANEOUS
NEW SECTION
WAC 296-52-71005   Exemptions.   This does not apply to in-process storage and intraplant transportation during manufacture of:


Small arms ammunition;

Small arms primers; and

Smokeless propellants.

[]


NEW SECTION
WAC 296-52-71010   Ammunition.  

[]


NEW SECTION
WAC 296-52-71015   Quantity limits.   Quantity limitations are not imposed on the storage of small arms ammunition in warehouses, retail stores, and other general occupancy facilities, except those imposed by the limitations of the storage facility.

[]


NEW SECTION
WAC 296-52-71020   Storage with Class A or B explosives.   Small arms ammunition must not be stored with Class A or Class B explosives, unless the storage facility is adequate for Class A or Class B storage, respectively.

[]


NEW SECTION
WAC 296-52-71025   Separation from flammable materials.   Small arms ammunition must be separated from flammable liquids, flammable solids (as classified in 49 CFR Part 172), and oxidizing materials by a:


Fire resistant wall of one-hour rating; or

Distance of twenty-five feet.

[]


NEW SECTION
WAC 296-52-71030   Small arms smokeless propellants.  

[]


NEW SECTION
WAC 296-52-71035   Transportation.   Quantities in excess of fifty pounds must be transported in accordance with federal Department of Transportation regulations.

[]


NEW SECTION
WAC 296-52-71040   Shipping containers.  

Small arms smokeless propellants (Class B) must be packed, stored, and transported in U.S. DOT approved shipping containers.

All smokeless propellants must be stored in shipping containers for smokeless propellants (as required by 49 CFR 173.93).

[]


NEW SECTION
WAC 296-52-71045   Storage.   (1) Private residence or car.

Twenty-five pounds or less: No special restrictions apply.

Twenty-five to fifty pounds must be stored in a strong box or cabinet constructed of 3/4-inch plywood minimum or equivalent, on all sides, top and bottom.

(2) Commercial stocks. Commercial stocks:

Over twenty pounds but not more than one hundred pounds must be stored in portable wooden boxes having walls of at least one inch nominal thickness.

In quantities not to exceed one hundred fifty pounds must be stored in nonportable storage cabinets having wooden walls of at least one inch nominal thickness.

(3) Dealer's warehouse.

The maximum pounds permitted is one hundred fifty pounds.

Twenty to one hundred pounds must be stored in portable or fixed wooden boxes having walls at least one inch nominal thickness.

(4) Dealer's display.

The maximum pounds permitted is seventy-five pounds.

These smokeless propellants must be stored in one pound containers.

(5) Magazines. Quantities in excess of one hundred fifty pounds must be stored in approved licensed magazines. See storage licensing, WAC 296-52-660, magazine construction, WAC 296-52-700, and storage of explosive materials, WAC 296-52-690.

[]


NEW SECTION
WAC 296-52-71050   Small arms ammunition primers.  

[]


NEW SECTION
WAC 296-52-71055   Shipping containers.   Small arms ammunition primers must be packed, stored, and transported in U.S. DOT approved shipping containers.

[]


NEW SECTION
WAC 296-52-71060   Separation from flammable materials.   Primers must be separate from flammable liquids, flammable solids, and oxidizing materials by a:

Fire resistant wall of one-hour rating; or

Distance of twenty-five feet.

[]


NEW SECTION
WAC 296-52-71065   Storage.   (1) Private residence. The maximum permitted is ten thousand primers. No special restrictions apply.

(2) Private car. The maximum permitted is twenty-five thousand primers. No special restrictions apply.

(3) Dealer's display. The maximum permitted is ten thousand primers. No special restrictions apply.

(4) Dealer's warehouse.

The maximum permitted is seven hundred fifty thousand primers.

No more than one hundred thousand must be stored in pile and piles must be separated by at least fifteen feet.

(5) Magazines. Quantities in excess of seven hundred fifty thousand must be stored in approved licensed magazines (see storage licensing (WAC 296-52-660), magazine construction (WAC 296-52-700), and storage of explosive materials (WAC 296-52-690)).

[]


NEW SECTION
WAC 296-52-71070   Black powder.  

[]


NEW SECTION
WAC 296-52-71075   Shipping containers.   Black powder, as used in muzzleloading firearms, must be packed, stored, and transported in U.S. DOT approved shipping containers.

[]


NEW SECTION
WAC 296-52-71080   Storage.   (1) Private residence. The maximum pounds permitted is five pounds. No special restrictions apply.

(2) Private car. The maximum pounds permitted is five pounds. No special restrictions apply.

(3) Dealer's warehouse. The maximum pounds permitted is twenty-five pounds. Black powder must be stored in an appropriate container or cabinet which is securely locked.

(4) Magazine. Quantities of black powder, as used in muzzle loading firearms, in excess of twenty-five pounds must be stored in licensed magazines (see storage licensing WAC 296-52-660, magazine construction Part C, and storage of explosive materials Part E).

[]


NEW SECTION
WAC 296-52-71085   Explosives at piers, railway stations, railway cars, and vessels not otherwise specified in this chapter.  

[]


NEW SECTION
WAC 296-52-71090   Delivery to carriers.   Explosives must not be delivered to any carrier unless the explosives are in compliance with U.S. DOT regulations in all respects.

[]


NEW SECTION
WAC 296-52-71095   Hours of transfer.   Explosives must not be received between the hours of sunset and sunrise from any:

Railway station;

Truck terminal;

Pier;

Wharf;

Harbor facility; or

Airport terminal.

[]


NEW SECTION
WAC 296-52-71100   Storage in route.   Explosives at a railway facility, truck terminal, pier, wharf, harbor facility, or airport terminal, in anticipation of delivery or further transit, must be:

Stored in a safe place; and

Isolated as much as practical; and

In a manner which allows easy and quick removal.

[]


NEW SECTION
WAC 296-52-71105   Railway cars.   (1) Use of railway cars. Explosives must not be kept in a railway car unless:

An emergency exists;

Permission has been granted by the local authority; and

The railway car, its contents, and method of loading are in compliance with U.S. DOT regulations (49 CFR Chapter I).

(2) Warning signs -- Railway cars not in transit.

Any railway car containing explosives must have warning signs attached to each side and end of the car when it is:

Stopped in transit or at its designation; and

No longer considered in interstate commerce.

Warning signs must read "explosives -- handle carefully -- keep fire away." The letters must be:

Red;

At least 1 1/2 inches high; and

On a white background.

[]


NEW SECTION
WAC 296-52-720   Appendix A, Sample Explosives-Blasting Ordinance for Local Jurisdictions, Non-mandatory.  


Explosives-Blasting Ordinance for Local Jurisdictions


Be it ordained by the ____________________ (Jurisdiction Name).


Section 1: Permit Required


(1) No company or individual must be in possession of explosive materials (as defined by chapter 296-52 WAC, Safety Standards for Possession and Handling of Explosives); or conduct an operation or activity requiring the use of explosive materials; or perform, order, or supervise the loading and firing of high explosive materials without a current and valid blasting permit issued by ____________________ (Jurisdiction Name).

(2) Explosive materials must not be transported, sold, given, delivered, or transferred to anyone in ____________________ (Jurisdiction Name) not in possession of a valid blasting permit.

(3) A blasting permit is required for every individual project requiring explosives blasting.

(4) A permit issued under this ordinance to any person, company or corporation is non-transferable to any other person, company, or corporation.

(5) All federal, state, county and city laws and regulations applicable to obtaining, owning, transporting, sorting, handling, and using explosive materials must be followed and be a condition of all blasting permits issued by ____________________ (Jurisdiction Name).


Section 2: Application - Contents


(1) The ____________________ (Name of the Proper Administrative Authority) or his designee must have power and authority to issue a permit for blasting but before doing so must require the person, company, or corporation to whom the permit is to be issued to file an application which must include:

(a) A completed application form provided by ____________________(Jurisdiction Name) specifying the name and address of the person, company or corporation applying for the permit, and the name and address of the blasting or of the person who will actually supervise the blasting.

(b) A current and valid Explosives License issued by the State of Washington Department of Labor and Industries to one or more individuals employed in the work for which the blasting permit is sought.

(c) A transportation plan pursuant to Section 8.

(d) A blasting plan pursuant to Section 10(1).

(e) A traffic control plan pursuant to Section 10(2).

(f) A pre-blast notification plan pursuant to Section 10(3).

(g) Proof of insurance must be provided pursuant to Section 4.

(2) ____________________ (Jurisdiction Name) will issue a permit within 14 days of receiving an application that includes acceptable documentation of the above items 1 through 7. If the permit is denied, it must be done within 14 days of receipt and must include a list of reasons for denial as well as instructions for re-application.

Section 3: Fee


A permit fee valid for a maximum 12 month period, in the amount of, amount per local fee schedules, will be assessed for each permit issued. The permit must be renewable upon payment of the fee amount shown above.


Section 4: Liability Insurance Required


(1) The ____________________ (Name of the Proper Administrative Authority), before issuing a permit for blasting, must require the person, company or corporation to whom the permit is issued to execute and deliver a certificate of liability insurance to include X, C, U coverage in a form to be approved by ____________________ (Jurisdiction Name) in an amount not less than five hundred thousand dollars ($500,000).

Unless ____________________ (Jurisdiction Name) design require approval is required, then coverage in the amount of not less than one million dollars ($1,000,000).

Will ____________________ be required, or in such additional amount as may be reasonable under all of the circumstances then existing as determined by the ____________________ (Name of the Proper Administrative Authority).

(2) The certificate must also state that the insurance company must give ____________________(Jurisdiction Name) a minimum of 10 days notice of cancellation of the required liability insurance coverage.

(3) The ____________________(Name of the Proper Administrative Authority) must have the power and authority to limit the level of blasting and if it is deemed to be in the public interest, after examining all of the pertinent circumstances surrounding the proposed blasting, may then refuse to issue such permit or in the case of a previously issued permit may suspend or revoke said permit.


Section 5: Revocation


The ____________________ (Name of the Proper Administrative Authority) must have the power to revoke any permit heretofore or hereafter issued under the provisions of this section for failure to comply with any of the provisions of this section. Permittee must arrange for removal of all explosive materials within 24 hours of notification of permit revocation.


Section 6: Denial or Revocation - Appeal


Any person, company, or corporation who makes application for a permit to blast under the terms of this chapter and whose application is denied by the ____________________ (Name of the Proper Administrative Authority), or whose permit is suspended or revoked by ____________________ (Name of the Proper Administrative Authority) under the terms of this section may, within ten (10) days thereafter, file notice of appeal to the ____________________ (Legislative Body having jurisdiction over the Administrator) who must within fourteen (14) days thereafter grant a hearing to the appealing party.


Section 7: ____________________ (Jurisdiction Name) Not to Assume Liability


By the passage of the ordinance codified in this section or the issuance of any permit under this section, ____________________ (Jurisdiction Name) assumes no responsibility for any damage caused by the person, company or corporation blasting with ____________________ (Jurisdiction Name).


Section 8: Transportation of Explosives (Transportation Plan)


(1) A plan that addresses the transportation of explosive materials within ____________________ (Jurisdiction Name) must be included with the application for a blasting permit.

(2) The transportation plan must detail the following information:

(a) Route used for deliveries and returns;

(b) Hours of transportation;

(c) Maximum quantities of explosives being transported;

(d) Types of vehicles being used. Vehicles must be in compliance with federal and state transportation regulations for motor transport of explosive materials.


Section 9: Storage of Explosives


(1) No overnight storage of explosive materials is permitted with the limits of ____________________(Jurisdiction Name) without specific amendments to the permit allowing such storage. Blast holes loaded with explosives are to be shot on the day they are loaded.

(2) The required method of handling explosives in ____________________ (Jurisdiction Name) is as follows:


(unless storage is allowed above):

(a) Delivery.

(b) Stand by during loading.

(c) Return of all unused explosive materials used in blasting.


Section 10: Use of Explosives


(1) Blasting Plan. A blasting plan for each discrete project requiring the use of explosives must be submitted to ____________________ and approved by the ____________________(Name of the Proper Administrative Authority) or his designee prior to the issuance of a blasting permit. The plan must be accompanied by additional documentation (e.g. maps, site plans and excavation drawings) in order to detail the proposed blasting operation. The plan must include:

(a) The location where the blasting is to occur;

(b) The approximate total volume of material to be blasted;

(c) The incremental volumes, per blast, of material to be blasted;

(d) The types and packaging of explosive materials to be used;

(e) The drill hole diameters, depths, patterns, sub-drilling depths and drill hole orientation to be used;

(f) The initiation system, the incremental delay times and the location of the primers in the explosive column;

(g) The stemming depths and stemming material for the various estimated depths of drill holes to be blasted;

(h) The approximate powder factors anticipated;

(i) The fly rock control procedures and equipment, if any, to be used;

(j) The maximum number of blasts to be made in any one day;

(k) The blast warning sound system and equipment to be used;

(l) The scheduled start date and finish date of blasting operations;

(m) Additional requirements as needed.

(2) Traffic Control Plan. A traffic control plan acceptable to ____________________ (Jurisdiction Name) detailing signing, flagging, temporary road closures and detour routes for blasting operations must be filed prior to the issuance of a blasting permit.

(3) Pre-Blast Notification Plan. A plan outlining a program of pre-blast public notifications, structural inspections, and blast effect monitoring within a specified distance of the blasting is required prior to the issuance of a blasting permit.

(a) Separation Distance. The distances from the blasting within which the notification, pre-blast structural inspection and blast monitoring are required must be determined by the scaled distance formulas set forth below. No blasting will be permitted until the notification and inspection requirements are completed.

(b) Scaled Distance Formulas.

(i) The distance from the blast within which:

Notification of all occupied structures is required: Da=90w

Inspection of all occupied structures is required: Db=75w

Monitoring of selected structures is required: Dc=60w

(ii) In the above formulas:

Da, Db, and Dc are the actual distances in feet from the closest point in the blast.

w is the square root of the maximum weight of the explosives in pounds detonated with a minimum 8 millisecond from another detonation event.

(c) Notification Letter. The pre-blast notification must consist of a letter advising all residents with the distance (specified in (a)(i) above) of the blasts of the character and intent of the blasting program, its anticipated impact on local residents, the proposed duration of blasting activities and providing telephone numbers for public contact. Distribution of this notification must be made a minimum of seven days prior to the start of blasting.

(d) Pre-Blast Inspection. A pre-blast inspection of resident's property must be offered to all residents within the distance (specified in (a)(ii) above) of the blasting at no cost to the resident and done by a qualified third party who is not an employee of the contractor. A copy of the individual inspection reports and a log of all photos taken are to be provided to ____________________ (Jurisdiction Name). Where inspections are disallowed by the resident or not possible for other reasons, a certified letter must be sent to the occupant/owner at the unsurveyed address advising them of their right to a pre-blast inspection and the possible consequences of denying an inspection. The pre-blast inspection program for residences within the specified distance must be complete two days prior to the start of blasting and the ____________________ (Name of the Proper Administrative Authority) notified.

(4) Blast-Plan Compliance Inspections. Blast plan compliance inspections may be required for every blast until the operator can demonstrate an ability to safely blast in conformance to the blast plan and control the extraneous effects of blasting such as flyrock, noise/air blast, and ground vibration. If more than two blasting inspections are required, an additional fee of ____________________(insert dollar amount) per blast inspection will be assessed.

(5) Monitoring. All blasts which require monitoring by Section 19(3)(iii) above are to be monitored using blast monitoring equipment designed for the purpose and carrying a certificate of calibration dated within the previous 12 months. The blast monitors must record peak particle velocity and frequency in three orthogonal directions and air over pressure. Monitored shots in which the pounds detonated per an eight millisecond time increment is less than ten pounds, one blast monitor is required. When ten or more pounds is detonated per an eight millisecond time interval, two or more blast monitors are required. All blast monitoring records are to be signed and submitted to ____________________ (Jurisdiction Name) within 24 hours of each blast.

(6) Maximum Peak Particle Velocity. The maximum peak particle velocity in any seismic trace at the dominant frequency to be allowed on any residential, business or public structure designed for human occupancy is to be determined by the following chart taken from WAC 296-52-67070, Safety Standards for Possession and Handling of Explosives:


Place Illustration here.

(7) Air Blast. The maximum air blast over pressure permitted at the closest residential, business or public structure designed for human occupancy is not to exceed 133 dBL @ 2.0 Hz hi pass system per WAC 296-52-67070, Safety Standards for Possession and Handling of Explosives.

(8) Utilities. Whenever blasting is being conducted in close proximity to or under existing utilities, the utility owner must be notified a minimum of 24 hours in advance of blasting.

(9) Blast Report. A signed blast report on a form approved by the ____________________ (Name of the Proper Administrative Authority) or his designee is to be filed with ____________________(Jurisdiction Name) within 24 hours of making the blast. The report must include the following blast information:

(a) Date, time, and location of the blast,

(b) Number of drill holes,

(c) Maximum, minimum and average drill hole depth,

(d) Drill hole diameter,

(e) Sub-drill depth,

(f) Total pounds of each type of explosive used,

(g) A drill hole section schematic showing the loading of a typical hole,

(h) Amount and type of stemming material,

(i) Schematic showing the drill hole pattern,

(j) Initiated delayed sequence,

(k) Maximum pounds of explosives detonated in any eight millisecond time interval,

(l) Type and size of any flyrock protection devices used if any,

(m) Comment regarding the outcomes of the blast.

(10)____________________ (Jurisdiction Name) must be notified immediately of any unplanned or unusual events that resulted from the blast and within 24 hours by the permittee of any incident, damage claim or neighbor annoyance report brought to the permittee's attention.


Section 11: Inasmuch as it is necessary for the preservation of the health, peace, and safety of the citizens of ____________________ (Jurisdiction Name), this Ordinance will be in full force and effect on the date of its passage.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-52-401 Scope and application.
WAC 296-52-405 Incorporation of standards of national organizations and federal agencies.
WAC 296-52-409 Variance and procedure.
WAC 296-52-413 Equipment approval by nonstate agency or organization.
WAC 296-52-417 Definitions.
WAC 296-52-419 Basic legal obligations.
WAC 296-52-421 Licenses -- Information verification.
WAC 296-52-423 Revoking or suspending licenses.
WAC 296-52-425 Dealer's license.
WAC 296-52-429 License for manufacturing.
WAC 296-52-433 Purchaser's license.
WAC 296-52-437 User's (blaster's) license.
WAC 296-52-441 Storage magazine license requirements.
WAC 296-52-445 Licenses and inspections.
WAC 296-52-449 Storage magazine license fees.
WAC 296-52-453 Construction of magazines.
WAC 296-52-457 Storage of caps with other explosives prohibited.
WAC 296-52-461 Storage of explosives.
WAC 296-52-465 Storage of ammonium nitrate.
WAC 296-52-469 Storage of blasting agents and supplies.
WAC 296-52-477 Quantity and distance table for separation between magazines.
WAC 296-52-481 Recommended separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.
WAC 296-52-485 Quantity and distance tables for manufacturing buildings.
WAC 296-52-487 Low explosives.
WAC 296-52-489 Transportation.
WAC 296-52-493 Use of explosives and blasting agents.
WAC 296-52-497 Blasting agents.
WAC 296-52-501 Water gel (slurry) explosives and blasting agents.
WAC 296-52-505 Coal mining code unaffected.
WAC 296-52-509 Small arms ammunition, primers, propellants and black powder.
WAC 296-52-510 Explosives at piers, railway stations, and cars or vessels not otherwise specified in this standard.
WAC 296-52-550 Appendix I -- IME two-compartment transportation units (mandatory).
WAC 296-52-552 Appendix II -- Radio frequency warning signs (mandatory).
WAC 296-52-555 Appendix III -- ATF regulations.

Washington State Code Reviser's Office