WSR 08-11-104

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 20, 2008, 1:04 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-083.

Title of Rule and Other Identifying Information: Chapter 296-52 WAC, Safety standards for possession, handling, and use of explosives.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S118, Tumwater, WA, on June 24, 2008, at 9:00 a.m.

Date of Intended Adoption: July 22, 2008.

Submit Written Comments to: Beverly Clark, P.O. Box 44620, Olympia, WA 98504-4620, e-mail clah235@lni.wa.gov, fax (360) 902-5516, by July 1, 2008.

Assistance for Persons with Disabilities: Contact Beverly Clark by June 13, 2008, (360) 902-5516 or clah235@lni.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is in response to chapter 285, Laws of 2008 (EHB 3381) which gave the department the authority to increase the fees associated with the explosives program.

Why is this Rule Making Proposed? Labor and industries (L&I) is required by RCW 70.74.360 to process and issue all explosive licenses. On July 1, 2007, the Washington state patrol (WSP) began charging the department for fees associated with processing state and Federal Bureau of Investigation (FBI) fingerprint and background records checks needed for L&I to issue the explosives license. Up to this point, the department had access to a federal and state data base allowing us to conduct these fingerprint and background checks, also revoked by the WSP and the FBI prior to July 1, 2007.

It is anticipated that the annual cost to L&I to have the WSP process 2,400 new applications and renewals will be $100,000 per year. This cost is currently unfunded for the explosives licensing program within the division of occupational safety and health (DOSH) at L&I. Funding to pay the WSP for these services is essential to meeting a statutory mandate and to the success of the explosives licensing program.

What Change Is Being Proposed? Amends the rule to:

▪ Require license applicants to pay the current federal and state fees for processing fingerprinting and background checks.

▪ Increase the license fee paid:

- For explosives' purchases

- By businesses' storing explosives

- By explosives' users

- By explosives' manufacturers

- By businesses selling explosives.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, 70.74.137, 70.74.140, 70.74.142, 70.74.144, 70.74.146, 70.74.360, and chapter 285, Laws of 2008.

Statute Being Implemented: Chapter 49.17 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Stephen M. Cant, Tumwater, Washington, (360) 902-5495.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department considered whether these proposed rules are subject to the Regulatory Fairness Act and determined that they do not require a small business economic impact statement because the proposed changes are exempt by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements.

A cost-benefit analysis is not required under RCW 34.05.328. The department considered whether these proposed rules are subject to the Regulatory Fairness Act and determined that they do not require a small business economic impact statement because the proposed changes are exempt by law from the cost-benefit analysis. RCW 34.05.328 (5)(b)(vi) states that the requirement to do a cost-benefit analysis does not apply to "rules that set or adjust fees or rates pursuant to legislative standards."

May 20, 2008

Judy Schurke

Director

OTS-1523.1


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

WAC 296-52-61010   License applicants must provide this information.   (1) Applicants must provide the following information to the department:

An individual must provide:

Their name, address, and citizenship.

A partnership must provide:

The name, address, and citizenship for each partner

The name and address of the applicant.

An association or corporation must provide:

The name, address, and citizenship for each officer and director

The name and address of the applicant.

(2) Applicants must:

(( Meet the requirements of WAC 296-52-610, Explosives licensing))

Meet any license specific requirements

Provide their Social Security number (RCW 26.23.150)

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

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-61010, filed 1/23/02, effective 3/1/02.]


AMENDATORY SECTION(Amending WSR 05-08-110, filed 4/5/05, effective 6/1/05)

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

Type of License Fee
Dealer's License ((25.00)) 50.00
Purchaser's License ((5.00)) 25.00
Blaster's License ((5.00)) 50.00
Manufacturer's License ((25.00)) 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 Permanent Storage License for Two Years
200 133,000 ((10.00)) 50.00 ((20.00)) 100.00
1,000 667,000 ((25.00)) 125.00 ((50.00)) 250.00
5,000 3,335,000 ((35.00)) 175.00 ((70.00)) 350.00
10,000 6,670,000 ((45.00)) 225.00 ((90.00)) 450.00
50,000 33,350,000 ((60.00)) 300.00 ((120.00)) 600.00
300,000 200,000,000 ((75.00)) 375.00 ((150.00)) 750.00

Note: License fees will not be refunded when a license is revoked or suspended for cause.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-08-110, 296-52-61020, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-61020, filed 1/23/02, effective 3/1/02.]


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

WAC 296-52-61030   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

Help with any questions

Must furnish their fingerprints to the department on department forms

Fingerprinting and criminal history record information checks are required for management officials directly responsible for explosives operations

((May be required to pay a fee to the law enforcement agency providing fingerprint research services (RCW 70.74.360).)) Must pay the fee to the department for processing the fingerprint card (RCW 70.74.360(1)).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, 296-52-61030, filed 1/23/02, effective 3/1/02.]

Washington State Code Reviser's Office