WSR 03-10-037

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 30, 2003, 11:31 a.m. , effective May 24, 2003 ]

Date of Adoption: April 30, 2003.

Purpose: Chapter 296-52 WAC, Safety standards for possession and handling of explosives. On November 25, 2002, the Homeland Security Bill was signed, which restricts the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. Chapter 296-52 WAC, Safety standards for possession and handling of explosives, must be updated to comply with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Citation of Existing Rules Affected by this Order: Amending WAC 296-52-61040, 296-52-62005, 296-52-63005, 296-52-65005, and 296-52-66005.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.

Adopted under notice filed as WSR 03-05-073 on February 18, 2003.

Changes Other than Editing from Proposed to Adopted Version: Housekeeping and clarifying changes were made for ease of use and understanding.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 5, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: On November 25, 2002, the Homeland Security Bill was signed, which restricts the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. Chapter 296-52 WAC, Safety standards for possession and handling of explosives, must be updated to comply with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As a result, the effective date for these rules will be May 24, 2003, which is less than the required thirty-one day time period normally followed, RCW 34.05.380. The department believes the earlier effective date is necessary to be at-least-as-effective-as the federal law.
Effective Date of Rule: May 24, 2003.

April 30, 2003

Paul Trause

Director

OTS-6176.3


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

WAC 296-52-61040   Reasons why applicants may be disqualified.   Licenses will not be issued for the manufacture, retail sale, purchase, storage, or use of explosives to any applicant, who is any of the following:

Who does not provide proof of a valid explosive license or permit issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

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 the offense is not related to drug or alcohol dependency).

Note: A license may be issued to an applicant with a drug or alcohol dependency history:
Who 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))
any court of a crime punishable by imprisonment for a term exceeding one year

Legally determined at the time of application to be:

Mentally ill

Insane

Committed to a mental institution

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, and cannot use explosives safely. Disqualifying disabilities may include, but are not limited to:

Blindness

Deafness

Epileptic or diabetic seizures or coma.

Note: The department will not reissue a license until the applicant's physical ability is verified by a qualified physician through the appeal process (WAC 296-52-60065, Violation appeals).
Who is an alien, unless:

They are lawfully admitted for permanent residence

They are in lawful nonimmigrant status

Who has been dishonorably discharged from the United States armed forces

Who has renounced their citizenship from the United States.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-61040, filed 1/23/02, effective 3/1/02.]


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

WAC 296-52-62005   Responsibility to obtain a dealer's license.   Any person, firm, partnership, corporation, or public agency wanting to purchase explosives (including black powder and blasting agents) for resale, must have a valid dealer's license issued by the department and a valid license or permit issued by the ATF.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-62005, filed 1/23/02, effective 3/1/02.]


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

WAC 296-52-63005   ((How)) Responsibility to obtain a purchaser's license.   Any person, firm, partnership, corporation, or public agency wanting to purchase explosives or blasting agents must have a valid purchaser's license or permit issued by the department and a valid license issued by the ATF.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-63005, filed 1/23/02, effective 3/1/02.]


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

WAC 296-52-65005   Responsibility to obtain a manufacturer's license.   Any person, firm, partnership, corporation, or public agency wanting to manufacture explosives or blasting agents, or use any process involving explosives as a component part in the manufacture of any device, article, or product must have a valid manufacturer's license from the department and a valid user permit or license issued by the ATF.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-65005, filed 1/23/02, effective 3/1/02.]


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

WAC 296-52-66005   Responsibility to obtain a storage license.   Any person, firm, partnership, corporation, or public agency wanting to store explosive materials must have a valid license from the department and a valid user permit or license issued by the ATF.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-66005, filed 1/23/02, effective 3/1/02.]

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