Effective Date of Rule: February 1, 2011.

     Purpose: Currently, notification is required on the first day that the explosive materials are stored. Notification to the local fire safety authority is not required until the explosives are moved. This rule making makes notification an annual event. Prior to this change, explosives could be left in one location for years and only one notification to local fire safety authorities was required. Language was added to chapter 296-52 WAC that requires those who store explosives to notify their local fire authority every year.

     WAC 296-52-69040 Notification of fire safety authority.

•	Added the requirement to notify your local fire safety authority "In writing when an explosive storage license is renewed."

     Citation of Existing Rules Affected by this Order: Amending WAC 296-52-69040 Notification of fire safety authority.

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

     Other Authority: Chapter 49.17 RCW.

      Adopted under notice filed as WSR 10-18-080 on August 31, 2010.

     A final cost-benefit analysis is available by contacting Devin Proctor, P.O. Box 44620, Tumwater, WA 98504, phone (360) 902-5541, fax (360) 902-5619, e-mail prof235@lni.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: December 20, 2010.

Judy Schurke

Director

OTS-3487.1

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

WAC 296-52-69040   Notification of fire safety authority.   Any person who stores explosive material must notify the local fire safety authority, who has jurisdiction over the area where the explosive material is stored.

     (1) The local fire safety authority must be notified:

     • Orally, on the first day explosive materials are stored

     • In writing, within forty-eight hours, from the time the explosive material was stored

     • In writing when an explosive storage license is renewed.

     (2) The notification must include the following for each site where explosive material is stored:

     • Type of explosives

     • Magazine capacity

     • Location.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69040, filed 1/23/02, effective 3/1/02.]

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