Chapter 296-52 Safety standards for possession, handling, and use of explosives.

This chapter applies to:(1) Any person, partnership, company, corporation, government agency, or other entity;(2) All aspects of explosives, blasting agents, and pyrotechnics including:(a) Manufacture;(b) Sale;(c) Possession;(d) Purchase;(e) Use;(f) Storage;(g) Transportation;(h)…

(1) The following are exempt from this chapter:(a) Explosives or blasting agents transported by railroad, water, highway, or air under the jurisdiction of the Federal Department of Transportation (DOT), the Washington state utilities and transportation commission, and the Washing…

(1) Administration and enforcement. The director of labor and industries administers and enforces all activities governed by the Washington State Explosives Act through chapter 296-52 WAC using the full resources of the department.(2) Authority to enter, inspect, and issue penalt…

(1) Law enforcement authorities. The department:(a) 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 70.74.2…

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.[Statutory …

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 …

Explosives must not be handled by anyone under the influence of:(1) Alcohol;(2) Narcotics;(3) Prescription drugs and/or narcotics that endanger the worker or others;(4) Other dangerous drugs.Note:This chapter does not apply to persons taking prescription drugs and/or narcotics as…

(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, Applicant disqualifications.(b) May revoke the license of any perso…

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.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-600…

Explosives or blasting agents must not be stored, handled, or transported if they could create a hazard to life.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-60075, filed 1/23/02, effective 3/1/02.]

Only the owner, owner's authorized agent, the director, or law enforcement officer(s) acting in an official capacity may enter into an:(1) Explosives manufacturing building;(2) Magazine;(3) Vehicle;(4) Other common carrier containing explosives.[Statutory Authority: RCW 49.17.010…

Explosives or improvised devices must not be abandoned.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-60085, filed 1/23/02, effective 3/1/02.]

Firearms cannot be discharged at or against any:(1) Magazine.(2) Explosives manufacturing building.(3) Explosives material.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-60090, filed 1/23/02, effective 3/1/02.]

(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) All sources of fire or flame, including smoking and matches, are prohibited within one hundred feet of …

Blasting operations must be conducted during daylight hours whenever possible.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-60100, filed 1/23/02, effective 3/1/02.]

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 loc…

In addition to the requirements of this chapter:(1) Explosive industry employers must comply with other applicable DOSH requirements:(a) Chapter 296-800 WAC, Safety and health core rules;(b) Chapter 296-24 WAC, General safety and health standards;(c) Chapter 296-62 WAC, General o…

The director may approve a variance from a chapter requirement pursuant to RCW 49.17.080 or 49.17.090:(1) After an application for a variance is received;(2) After the department has conducted an investigation;(3) When conditions exist that make the requirement impractical to use…

To be in compliance with DOSH rules, the information provided in this section must be followed when safety and health standards from national organizations and federal agencies are referenced in DOSH rules.(1) The edition of the standard specified in the DOSH rule must be used.(2…

Type of LicenseWhere to Look for RequirementsDealer'sWAC 296-52-620Purchaser'sWAC 296-52-630Blaster'sWAC 296-52-640Manufacturer'sWAC 296-52-650StorageWAC 296-52-660[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-61005, filed 1/23/02, eff…

(1) Individual applicants must provide the following information to the department:(a) Their name;(b) Their address; and(c) Their citizenship.(2) A partnership must provide:(a) The name, address, and citizenship for each partner;(b) The name and address of the applicant.(3) An as…

(1) Applications must be completed on department forms.(2) License application forms may be obtained from and submitted to: Department of Labor and IndustriesDOSH Services DivisionPost Office Box 44655Olympia, WA 98504-4655.Note:Purchaser and blaster license applications may also…

Applicable license fees must be included with new or renewal explosives license applications.Type of LicenseFeeDealer's License50.00Purchaser's License25.00Blaster's License50.00Manufacturer's License50.00Storage License(See table below)Explosive Materialsstorage license feesRCW …

The department will verify license application statements before an explosives license is issued.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-61025, filed 1/23/02, effective 3/1/02.]

(1) Applicants must cooperate and assist the department in all aspects of the application review.(2) Applicants must provide all information requested by the department to:(a) Verify application statements;(b) Help with any questions.(3) Applicants must furnish their fingerprints…

The Washington state patrol will provide any criminal records to the director upon request.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-61035, filed 1/23/02, effective 3/1/02.]

(1) Licenses will not be issued for the manufacture, retail sale or purchase of explosives to any applicant who is any of the following:(a) Does not provide proof of a valid explosive license or permit issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF);(b) U…

All licenses, including storage licenses, are valid for one year from the date of issue, unless revoked or suspended by the department prior to the expiration date.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 05-08-110, § 296-52-61045, filed 4/5/05, e…

An explosives license must be renewed before the expiration date of the license.[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-61050, filed 1/23/02, effective 3/1/02.]

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: R…

The dealer applicant must:(1) Give the reason they want to participate in the business of dealing in explosives.(2) Provide information required by WAC 296-52-61010, License applicants must provide this information.(3) Provide other pertinent information required by the departmen…

Explosives, improvised devices, or blasting agents cannot be sold, displayed, or exposed for sale on any:(1) Highway;(2) Street;(3) Sidewalk;(4) Public way; or(5) Public place.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-16-132, § 296-52-62025,…

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.[Statutory Authority: RCW…

A dealer must make sure the purchaser provides a list of people on their authorized agent list with the following information:(1) Name;(2) Address;(3) Driver's license number or valid identification;(4) Social Security number (as required by RCW 26.23.150);(5) Place of birth;(6) …

(1) Orders.(a) An order for explosives can be placed:(i) In person;(ii) By telephone; or(iii) In writing.(b) The dealer must receive proper authorization and identification from the person placing the order to verify the person is either the:(i) Purchaser; or(ii) Purchaser's auth…

(1) Sale documentation. A dealer must document the following information when an explosive materials order is placed. A dealer's record must include the:(a) Date explosive materials were sold;(b) Purchaser's name and license number;(c) Name of the person authorized by the purchas…

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, 49.17.050,…

Applicants must provide the following information to the department:(1) The reason explosives or blasting agents will be used;(2) The location where explosives or blasting agents will be used;(3) The kind of explosives or blasting agents to be used;(4) The amount of explosives or…

(1) Required information.The purchaser must provide the following written information for people on their authorized agent list:(a) Legal name;(b) Address;(c) Driver's license number or other valid identification;(d) Date of birth;(e) Place of birth.(2) List distribution. The pur…

(1) Receiver identification. Any person receiving explosives purchased from a dealer must:(a) Provide proper identification and prove to the satisfaction of the dealer that they are:(i) The purchaser; or(ii) Their authorized agent.(b) Sign their legal signature on the dealer's re…

The purchaser must:(1) Notify the department when the licensed blaster changes.(2) Provide their current blaster's license number to the department.[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 17-16-132, § 296-52-63030, filed 8/1/17, effective 9/1…

(1) 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."(2) Blaster license classifications table. The following information shows classifications for blasting licenses:(a)…

(1) Physical condition. An applicant must be in good physical condition.(2) Drug use. An applicant cannot be addicted to narcotics, intoxicants, or similar types of drugs.Note:This rule does not apply to physician prescribed drugs and/or narcotics when taken as directed if their …

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.(1) The training must include a minimum of one of these three requirements:(a) Eight …

To be considered for a blaster's license, which includes one or more List B classifications, the applicant must meet one of the following requirements listed below:(1) Eighteen months of documented blasting experience which includes a minimum of twelve months of documented experi…

(1) Unlimited classification. To be considered for unlimited classification, the applicant must submit a detailed resume documenting:(a) Experience in the majority of the classifications in Lists A and B;(b) A minimum of five years of continuous full time blasting experience in t…

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 02-03-125, § 296-52-64045, filed 1/23/02, effective 3/1/02.]