EXPEDITED RULES
LABOR AND INDUSTRIES
Title of Rule: Chapter 296-52 WAC, Safety standards for possession and handling of explosives.
Purpose: The changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives, is a result of the passage of chapter 370, Laws of 2002 (2SSB 6080) that was enacted in 2002. Additional housekeeping changes will also be made throughout the chapter and the low explosive table from the nationally recognized standard, the Bureau of Alcohol, Tobacco, and Firearms is being proposed.
Changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives: The department is proposing changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives, as a result of the passage of chapter 370, Laws of 2002 (2SSB 6080) that was enacted in 2002. The changes being proposed are a result of the legislative bill replacing the class of the explosive to be consistent with the international coding, updating definitions, and replacing the term smokeless propellants with smokeless powder. Additional housekeeping changes will also be made throughout the chapter and the low explosive table from the nationally recognized standard, the Bureau of Alcohol, Tobacco, and Firearms is being proposed.
New Section
WAC 296-52-69130 Table of distances for the storage of display
fireworks (except bulk salutes).
The proposal adds a low explosive table from the Bureau of Alcohol, Tobacco, and Firearms, which is a nationally recognized standard.
Amended Sections
WAC 296-52-60020 Exemptions.
WAC 296-52-60020 (1)(d), the proposal reorganizes and adds a bullet to include arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of the United States.
WAC 296-52-60020(5), the proposal replaces class of explosive with division of explosive.
WAC 296-52-60130 Definitions.
The proposal updates the definition of blasting agent and improvised device.
The proposal replaces class of explosive with division of explosive in the definition for explosives, explosives classifications, explosives international markings, and low explosive.
The proposal replaces smokeless propellants with smokeless powder in the definition.
Housekeeping change is proposed to the definition of mudcap, the word bodying is being replaced with dobying.
WAC 296-52-67160(2) Types and classifications.
The proposal replaces class of explosive with division of explosive.
WAC 296-52-67065 Vibration and damage control.
Housekeeping changes to Table 8-B are being proposed. The proposal will correct the formulas by replacing Z with 2.
WAC 296-52-68060 Operation of vehicles transporting explosives.
The proposal replaces class of explosive with division of explosive.
Housekeeping changes to correct a numbering error.
WAC 296-52-69010 Explosives.
The proposal replaces class of explosive with division of explosive.
WAC 296-52-69015 Exempt explosives.
The proposal replaces smokeless propellants with smokeless powder.
WAC 296-52-69095 Ammonium nitrate.
The proposal replaces class of explosive with division of explosive.
WAC 296-52-69125 Table H-24 -- Low explosives.
The proposal replaces class of explosive with division of explosive.
WAC 296-52-70010 (1)(a) Building construction for Class 1
magazine.
The proposal would correct an error in the current standard by requiring the masonry wall be at least eight inches thick.
WAC 296-52-710 Exemptions.
The proposal replaces smokeless propellants with smokeless powder.
WAC 296-52-71020 Storage with Division 1.1, 1.2, or 1.3
explosives.
The proposal replaces class of explosive with division of explosive.
WAC 296-52-71040 Shipping container.
The proposal replaces class of explosive with division of explosive.
The proposal replaces smokeless propellants with smokeless powder.
WAC 296-52-71045 Storage.
The proposal replaces smokeless propellants with smokeless powder.
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050, [49.17].060.
Statute Being Implemented: Chapter 49.17 RCW.
Summary: The proposed changes to chapter 296-52 WAC are a result of the legislative bill replacing the class of the explosive to be consistent with the international coding, updating definitions, and replacing the term smokeless propellants with smokeless powder. See Purpose above.
Reasons Supporting Proposal: The proposal is due as a result of the passage of chapter 370, Laws of 2002 (2SSB 6080). 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 not necessitated by federal law, federal or state court decision. Chapter 370, Laws of 2002 (2SSB 6080).
Explanation of Rule, its Purpose, and Anticipated Effects: The department is proposing changes to chapter 296-52 WAC, Safety standards for possession and handling of explosives, as a result of the passage of chapter 370, Laws of 2002 (2SSB 6080) that was enacted in 2002. The changes being proposed are a result of the legislative bill replacing the class of the explosive to be consistent with the international coding, updating definitions, and replacing the term smokeless propellants with smokeless powder. Additional housekeeping changes will also be made throughout the chapter and the low explosive table from the nationally recognized standard, the Bureau of Alcohol, Tobacco, and Firearms is being proposed. See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose
and Explanation of Rule above.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY 5:00 p.m., September 23, 2002.
July 22, 2002
Gary Moore
Director
OTS-5783.2
AMENDATORY SECTION(Amending WSR 02-03-125, filed 1/23/02,
effective 3/1/02)
WAC 296-52-60020
Exemptions.
(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 Washington state patrol.
(b) Laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if the quantity does not exceed one pound.
(c) Explosives in the forms prescribed by the official United States Pharmacopoeia.
(d) The transportation, storage, and use of explosives or
blasting agents in the normal and emergency operations of
((federal agencies and departments including the regular United
States military departments on military reservations and)):
The United States agencies and departments including the regular United States military departments on military reservations
Arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of, the United States
The duly authorized militia of any state ((or territory))
The emergency operations of any state department or agency, any police, or any municipality or county
(( Any police
Any municipality or county))
(e) A hazardous devices technician when they are carrying out:
Normal and emergency operations
Handling evidence
Operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive materials
When conducting training and whose employer possesses the minimum safety equipment prescribed by the Federal Bureau of Investigation (FBI) for hazardous devices work
Note: | A hazardous devices technician is a person who is a graduate of the FBI Hazardous Devices School and who is employed by a state, county, or municipality. |
(g) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures used by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosive and blasting agents for such use must meet the requirements in chapter 296-59 WAC, Safety standards for ski operations.
Note: | The purpose of this chapter is to protect the public by enabling ski area operators to exercise appropriate avalanche control measures. The legislature finds that avalanche control is of vital importance to safety in ski areas and that the provisions of the Washington State Explosives Act contain restrictions, which do not reflect special needs for the use of explosives as a means of clearing an area of serious avalanche risks. This act recognizes these needs while providing for a system of regulations designed to make sure that the use of explosives for avalanche control conforms to fundamental safety requirements. |
(2) Noncommercial military explosives. Storage, handling, and use of noncommercial military explosives are exempt from 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
Torpedoes
(4) ((Class C)) Consumer fireworks. Fireworks classified as
((Class C)) Division 1.4 explosives by U.S. DOT (((Division
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). |
Note: | Display fireworks are classified as fireworks UN0333, UN0334, or UN0335 by U.S. DOT (49 CFR 172.101). |
Black powder, under five pounds
Smokeless powder, under fifty pounds
Small arms ammunition
Small arms ammunition primers
Unless these materials are possessed or used illegally or for a purpose inconsistent with small arms use.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-60020, filed 1/23/02, effective 3/1/02.]
Approved storage facility means a facility for the storage of explosive materials which is in compliance with the following chapter:
Storage licensing (WAC 296-52-660)
Storage of explosive materials (WAC 296-52-690)
Magazine construction (WAC 296-52-700).
Attend means the physical presence of an authorized person who stays in view of the explosives.
Authorized, approved, or approval means authorized, approved, or approval by:
The department
Any other approving agency
An individual as specified in this chapter.
Authorized agent means a person delegated by a licensed purchaser, who possesses a basic knowledge of explosives handling safety, 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 their 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 effectively screening a building containing explosives by means of a natural or artificial barrier from a magazine, another building, a railway, or highway.
Artificial barricade means a barricade of such height that 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, an artificial mound or properly revetted wall of earth with a minimum thickness of three feet.
Natural barricade means any natural hill, mound, wall, or barrier composed of earth, rock, or other solid material at least three feet thick.
BATF means the Bureau of Alcohol, Tobacco, and Firearms.
Blast area means the area of a blast that is effected by:
Flying rock missiles
Gases
Concussion.
Blast pattern means the plan of the drill holes laid out and a display 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 the use of explosives 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
Adequately trained, experienced, and capable of recognizing hazardous conditions throughout the blast area
In charge of:
The blast process
All aspects of explosives and blasting agent storage, handling, and use as recommended by the manufacturer and as required by this chapter
In a position of 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:
That is intended for blasting
((That is)) Not otherwise ((classified)) defined as an
explosive
(( Where 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))
If the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined
A number 8 test blasting cap is one containing two grams of a mixture of eighty percent mercury fulminate and twenty percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer
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 hazardous and the forecasting of hazards of working conditions which might be unsanitary or dangerous to personnel or property
Has authorization to take prompt corrective action to eliminate such hazards.
Consumer fireworks means:
Any small firework device:
Designed to produce visible effects by combustion
That 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),
A small device designed to produce audible effects which include, but are not limited to:
Whistling devices
Ground devices containing 50 mg or less of explosive materials
Aerial devices containing 130 mg or less of explosive materials
Note: | Fused set pieces containing components, which, together, exceed 50 mg of salute powder are not included. |
Trucks
Trailers
Rail cars
Barges
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
May be used at the worksite during working hours to store explosive materials, provided the day box is:
Constructed as required (WAC 296-52-70065, Explosives day box),
Marked with the word "explosives"
Used in a manner that safely separates detonators from other explosives
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
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 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 2 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"
Fused set pieces containing components, which together exceed 50 mg of salute powder
Electric detonator means a blasting detonator designed for and capable of detonation by means of electric current.
Electric blasting circuitry consists of these items:
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
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)) Division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 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
Black powder, not exceeding five pounds
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 classifications. Explosives classifications include, but are not limited to:
((Class A (Division 1.1))) Division 1.1 and Division 1.2
explosives (((possessing)) possess mass explosion or detonating
hazard):
Dynamite
Nitroglycerin
Picric acid
Lead azide
Fulminate of mercury
Black powder (exceeding 5 pounds)
Detonators (in quantities of 1,001 or more)
Detonating primers
((Class B (Division 1.2 and)) Division 1.3(()))
explosives (((possessing)) possess a minor blast hazard, a minor
projection hazard, or a flammable hazard):
Propellant explosives
Smokeless ((propellants)) powder (exceeding fifty pounds)
((Class C (Division 1.4))) Division 1.4, 1.5, and 1.6
explosives.
Certain types of manufactured articles, which contain
((Class A and/or Class B)) Division 1.1, 1.2, and/or 1.3
explosives as compounds (but in restricted quantities)
Detonators (in quantities of 1,000 or less)
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 the Washington Industrial Safety and Health Act.
Explosives 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))) (Division 1.1, 1.2,
and 1.3) and required by RCW 70.74.300).
Explosives manufacturing building means any building or structure, except magazines:
Containing explosives where the manufacture of explosives, or any processing involving explosives, is conducted
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
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
Which meets the 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 (DOT).
Fuel means a substance, which may react with oxygen to produce combustion.
Fuse (safety). See "safety fuse."
Fuse lighters means special devices used for the purpose of igniting safety fuses.
Handler means any individual who handles explosives or blasting agents for the purpose of transporting, moving, or assisting a licensed blaster in loading, firing, blasting, or disposal.
Note: | This does not include employees of a licensed manufacturer engaged in manufacturing process, drivers of common carriers, or contract haulers. |
Highway means roads, which are regularly and openly traveled by the general public and includes public streets, alleys, roads, or privately financed, constructed, or maintained roads.
Improvised device means a device, which is:
Fabricated with explosives
Fabricated with destructive, lethal, noxious, pyrotechnic, or incendiary chemicals, and designed, or has the capacity to disfigure, destroy, distract, and 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 assemble.
Note: | This does not mean any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives. |
Black powder, safety fuses, igniters, igniter cords, fuse
lighters, and display fireworks defined as ((Class B)) Division
1.2 or Division 1.3 explosives by U.S. DOT (49 CFR Part 173).
Note: | This does not apply to bulk salutes. |
Note: | This does not apply to an explosive manufacturing building. |
EXEMPTIONS: | The following exemptions are restricted to materials and components, which are not classified (by U.S. D0T) 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 | |
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. |
Mudcap (also known as bulldozing and bodying) 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
Shock tube.
Oxidizer means a substance that yields oxygen readily to stimulate the combustion of organic matter 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, person 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
The person 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 make sure they cannot be lifted, carried, or removed easily by unauthorized persons
Limited to the capacity of explosives required for efficient blasting operation
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
Other public regulatory agencies, which 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
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
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.
Note: | This does not mean military type ammunition containing explosive bursting incendiary, tracer, spotting, or pyrotechnic projectiles. |
Smokeless ((propellants)) powder means solid chemicals or
solid chemical mixtures that 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)
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 so that larger quantities of explosives may be inserted.
Sprung hole means a drilled hole that has been enlarged by a moderate quantity of explosives to allow for larger quantities of explosives to be inserted into 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, which are:
Built for explosives
Loaded with explosives
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
Contain no ingredient classified as an explosive which are 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 mixed at an explosives plant, or the blast site immediately before delivery into the drill hole.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-60130, filed 1/23/02, effective 3/1/02.]
Either Table 8-A or Table 8-B can be used to determine the maximum limits of ground vibration for any dwelling, public building, school church, commercial site, cofferdams, piers, underwater structures, or institutional building nearby the blasting site. The methods used for monitoring vibration and calculating frequency must be included in the blast plan.
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. |
Place illustration here. |
Place illustration here. |
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)(( |
5001 ft (1524 m) and beyond | W (lbs) = (d (ft)/65) or W (kg) = (d (m)/29.4)(( |
Key: | ||
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 where 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 | ||
(a) Uncontrolled flyrock. Flyrock traveling in the air or along the ground cannot be cast from the blast area in an uncontrolled manner, which could result in personal injury or property damage. Uncontrolled flyrock (airborne or along the ground), that could cause personal injury or property damage, is not allowed from the blast area.
(b) Contract or written waiver. Flyrock cannot be propelled from the blast area onto property where the blasting operation has not contracted or received a written waiver from the owner.
(c) Use of protective material. When blasting in congested areas or close to a structure, railway, highway, or any other installation that could be damaged, the blast must be covered, before firing, with a mat or other protective material that will prevent fragments from being thrown.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-67065, filed 1/23/02, effective 3/1/02.]
(2) Contains no explosive substance. Water-gel and emulsion explosive materials that do not contain any substance classified as an explosive or as cap-sensitive (as defined under "blasting agent" in WAC 296-52-60130, Definitions) must be classified as an explosive.
Note: | Water-gel formulas, which are tested and classified as a U.S. DOT (( |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-67160, filed 1/23/02, effective 3/1/02.]
Licensed manufacturer
Blaster
Purchaser, seller, or their designated representative
OR
Contract carrier for hire who complies with all requirements for transportation of hazardous materials
(2) Driver qualifications.
(a) Vehicles transporting explosives must be driven by a responsible licensed driver who is:
At least twenty-one years old
Physically fit
Careful
Capable
Reliable
Able to read and write the English language
Not addicted to or under the influence of intoxicants, narcotics, or other dangerous drugs. (This does not apply to people taking prescription drugs and/or narcotics as directed by a physician, as long as use of the prescription drug does not endanger the worker or others.)
(b) The driver must be:
Familiar with all:
Traffic regulations
Department of Transportation (U.S. DOT) and other state laws in the transportation of explosives and hazardous material laws
Aware of:
What they are carrying
Safety precautions for the explosives being transported
(3) Parking - ((Class A or B)) Division 1.1 or 1.2
explosives. A vehicle that contains ((Class A or B)) Division
1.1 or 1.2 explosives cannot be parked:
On or within five feet of the traveled portion of a public street or highway
On private property, including fueling or eating facilities, without the knowledge and consent of the person. The person in charge must be aware of the hazardous materials in the vehicle
OR
Within three hundred feet of a bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble
Exemption: | These restrictions do not apply when: |
Routine operations require the vehicle be parked for a brief period of time | |
It is impractical to park the vehicle any other place |
A vehicle containing explosive materials may be left unattended for a period not to exceed forty-eight hours provided:
The vehicle is parked in a designated parking lot, which complies with NFPA Std. 498 and the appropriate distance table for the type and quantity of explosives.
The parking lot must:
Be correctly bermed, walled, or fenced, and gated to prevent unauthorized entry
Be inspected and approved by the department
Provide a full-time, continuous security patrol when explosives are present
An explosives delivery truck does not need to be attended
when it only contains ((International Class 1.5 D blasting
agents)) Division 1.5 and no high explosives, provided the:
Vehicle is locked so it cannot be moved
Cargo compartments are locked to prevent theft
Vehicle is parked according to all applicable storage distance requirements
Vehicle is located in a secured area that restricts entry of unauthorized personnel
(((6))) (5) Attendant.
(a) An authorized attendant must be physically present and able to see the explosives at all times.
(b) In an emergency, the attendant must be able to quickly get to the explosives without interference.
(c) The attendant must:
Be awake
Be alert
Not be engaged in activities, which could divert their attention
Be aware of the ((class)) division of the explosive
material and its dangers
Be instructed in the methods and procedures used to protect the public
Be familiar with the particular vehicle being driven
Be trained in the use of the vehicle
Have authorization and be able to move the vehicle if required
(((7))) (6) Loading precautions. A vehicle must comply with
U.S. DOT loading regulations in order to transport explosives in
the same vehicle body with the following items:
Spark producing metal
Spark producing tools
Oils
Matches
Firearms
Electric storage batteries
Flammable substances
Acids
Oxidizing materials
OR
Corrosive compounds
(((8))) (7) Congested areas. Vehicles transporting
explosives must avoid congested areas and heavy traffic.
(((9))) (8) Disabled vehicles.
A qualified person must be present before explosives can be transferred from a disabled vehicle to another vehicle
If a vehicle becomes disabled in a congested area, you must promptly notify local fire and police authorities. In a remote area they may be notified if necessary.
(((10))) (9) Explosives delivery and issue. Delivery and
issue of explosives must be made:
Only by and to authorized people
Into authorized magazines or authorized temporary storage or handling areas.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-68060, filed 1/23/02, effective 3/1/02.]
In the manufacturing process
Being physically handled
Being used at the blast site
OR
Being transported to a place of storage or use.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69010, filed 1/23/02, effective 3/1/02.]
Type of Explosive | Exempted Amount |
Stocks of: | |
Small arms ammunition, | Quantities less than 750,000 |
Propellant-actuated power cartridges, and | |
Small arms ammunition primers | |
Smokeless (( |
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) |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69015, filed 1/23/02, effective 3/1/02.]
(a) Ammonium nitrate storage requirements do not apply to:
The transportation of ammonium nitrates while under the 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. NE, Washington, DC 20006.
This definition limits the contents of organic materials, metals, sulfur, etc., in products that may be classified ammonium nitrate fertilizer.
The production of ammonium nitrate or the storage of ammonium nitrate on the premises of the producing plant, if no hazards are created to the employees or public
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) Ammonium nitrate storage requirements apply to:
Anyone, in addition to the owner or lessee of any building, premises, or structure having or storing ammonium nitrate 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
Note: | The approval of large quantity storage is based on the fire and explosion hazards, including exposure to toxic vapors from burning or decomposing ammonium nitrate. |
Have adequate ventilation or be self-ventilating in the event of a fire
Have fire resistant walls 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. Other suitable means of exposure protection such as a freestanding wall may be used instead of a fire resistant wall
Have roof coverings that are ((Class C)) Division 1.4 or
better as defined in Roof Coverings, NFPA 203M-1970
Have flooring of noncombustible material or be protected against saturation by ammonium nitrate. In case of fire, the floor must not have open drains, traps, tunnels, pits, or pockets into which molten ammonium nitrate could flow and be confined
Be dry and free from water seepage through the roof, walls, and floors
Not have basements, unless the basements are open on at least one side
Not be over one story in height
Note: | The continued use of an existing storage building or structure may be approved in cases where continued use will not constitute a hazard to life or adjoining property. |
(d) 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 do not need to comply.
Not be used for storage when the temperature of the ammonium nitrate exceeds 130°F (54.4°C)
Not be stored within thirty inches (76 cm) of the storage building walls and partitions
Not be stacked higher than twenty feet (6.1 m) in height, twenty feet (6.1 m) in width, and fifty feet (15.2 m) in length. When buildings are constructed of noncombustible materials or protected by automatic sprinklers, there are no stacking height restrictions
Never be stacked closer than thirty-six inches (.09 m) below the roof or overhead supporting and spreader beams
Be separated by aisles a minimum of 3 feet wide. There must be one main aisle in the storage area a minimum of four feet (1.2 m) wide
(e) Bulk ammonium nitrate must be stored:
In warehouses with adequate ventilation or be capable of adequate ventilation in case of fire
In structures that are not more than forty feet (12.2 m) high, unless:
They are constructed of noncombustible material
OR
Have adequate facilities for fighting a roof fire
In clean bins that are free of materials that could cause contamination
In bins or piles that are clearly identified by signs reading "AMMONIUM NITRATE" in letters a minimum of two inches (5 cm) high
In bins or piles sized and arranged so all material is moved periodically to minimize the possibility of caking
Adequately separated from easily combustible fuels. Bins cannot be made of galvanized iron, copper, lead, and zinc because of the:
Corrosive and reactive properties of ammonium nitrate
AND
To avoid contamination
In tightly constructed wooden and aluminum bins that are protected against saturation from ammonium nitrate
In tightly constructed partitions that divide the ammonium nitrate from other products to avoid contamination
Where the temperature of the product does not exceed 130°F (54.4°C)
No higher than thirty-six inches (0.9 m) below the roof or overhead supporting and spreader beams if stacked in piles. Stack limits (height and depth), should be determined by the pressure setting tendency of the product
(f) Bulk ammonium nitrate when caked, cannot be broken up or loosed by the use of dynamite, other explosives or blasting agents.
(g) Bulk ammonium nitrate cannot be stored with:
LP Gas on the premises except when such storage complies with WAC 296-24-475, Storage and handling of liquefied petroleum gases
Sulfur and finely divided metals in the same building except when such storage complies with this chapter and NFPA standard 495, Explosives Materials Code
Explosives and blasting agents in the same building except on the premises of manufacturers, distributors, and user of explosives or blasting agents
When explosives or blasting agents are stored in separate buildings, other than on the approval of manufacturers, distributors, and user, they must be separated from the ammonium nitrate by the distances and/or barricades specified in Table H-22 or a minimum of fifty feet (15.2 m)
With flammable liquids, such as gasoline, kerosene, solvents, and light fuel oils on the premises except when such storage conforms to WAC 296-24-330, Flammable and combustible liquids, and when walls, sills or curbs are provided in accordance with WAC 296-52-69095, Ammonium nitrate
(2) Contaminants must be stored in a separate building from ammonium nitrate
OR
Be separated by an approved firewall of not less that one-hour fire resistance rating which should extend to the underside of the roof. Alternatively, the contaminants may be separated by a minimum of thirty feet (9.1 m), instead of using walls. These 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 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 oil | 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 | Vegetable oil |
Electrical installations, which meet the requirements of chapter 296-24 WAC, Part L, Electrical, and WAC 296-800-280, Basic electrical rules, 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)
Procedures to prevent unauthorized personnel from entering the ammonium nitrate storage area
(4) Fire protection must provide:
Water supplies and fire hydrants
Suitable fire control devices, such as a small hose or portable fire extinguishers, throughout the warehouse and in the loading/unloading areas. These devices must comply with the requirements of WAC 296-800-300, Portable fire extinguishers, and WAC 296-24-602, Standpipe and hose systems
Approved sprinkler systems installed according to WAC 296-24-607, Automatic sprinkler systems
Two thousand five hundred tons (two thousand two hundred seventy metric) or less of bagged ammonium nitrate may be stored in a structure that does not have an automatic sprinkler system.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69095, filed 1/23/02, effective 3/1/02.]
((Class B)) Division 1.2 or 1.3
((Class C (Division 1.3 or 1.4))) Division 1.4, low
explosives
Low explosives classified by BATF
(2) Detonators cannot 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 |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-69125, filed 1/23/02, effective 3/1/02.]
Net weight of
fireworks (pounds) |
Distance between magazine and inhabited building, passenger railway, or public highway (feet) | Distance
between
magazine (feet) |
0-1,000 1,001-5,000 5,001-10,000 Above 10,000 |
150 230 300 Use Table H-20 |
100 150 200 |
Note 1: | The net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only. |
Note 2: | For the purposes of applying this table, the term magazine also includes fireworks shipping buildings for display fireworks. |
Note 3: | For fireworks storage magazines in use prior to (2000) the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites. |
Note 4: | This table does not apply to the storage of bulk salutes. Use Table H-20 for storage of bulk salutes. |
[]
Be constructed of masonry, wood, metal, or a combination of these materials
Have no openings except for entrances and ventilation
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
Be at least ((six)) eight inches thick
(b) Hollow masonry construction. Hollow masonry construction must:
Have all hollow spaces filled with well tamped coarse dry sand
OR
Have weak concrete (a mixture of one part cement to eight parts 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.
Metal wall construction must be securely fastened to a metal framework and consist of one of the following types of metal:
Sectional sheets of steel (at least number 14 gauge)
OR
Aluminum (at least number 14 gauge)
Metal wall construction must:
Be lined with brick, solid cement blocks, and hardwood at least four inches thick or material of equivalent strength
Have a minimum of 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.
Exterior wood walls must be covered with iron or aluminum at least number 26 gauge
Inner walls, made of nonsparking materials must be constructed with a space:
A minimum of six inches between the outer and inner walls
AND
Filled with coarse dry sand or weak concrete
(2) Floors. Floors must be:
(a) Constructed of a nonsparking material.
(b) Strong enough to hold the weight of the maximum quantity to be stored.
(3) Foundation.
Foundations must be constructed of brick, concrete, cement block, stone, or wood posts
If piers or posts are used instead of a continuous foundation, the space under the building must be enclosed with metal
(4) Roof.
(a) Roofs must be covered with no less than number 26 gauge iron or aluminum fastened to a 7/8-inch sheathing, except for buildings with fabricated metal roofs.
(b) If it is possible for a bullet to be fired directly through the roof at such an angle that it would strike a point below the top of the inner walls, storage facilities must be protected by one of the following two methods:
A sand tray must be:
Located at the top of the inner wall 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 installed so they cannot be removed when the doors are closed and locked by:
Welding
Riveting
OR
Bolting nuts on the inside of the door
(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 a minimum of five tumblers
Have a case hardened shackle at least 3/8 inches in diameter
Be protected with a minimum of 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. |
A two-inch air space must be left around ceilings and the perimeter of floors, except in doorways
Foundation ventilators must be at least four inches by six inches
Vents in the foundation, roof, or gables must be screened and offset
(8) Exposed metal.
Sparking metal construction cannot be exposed below the tops of walls in storage facilities
All nails must be blind nailed, countersunk, or nonsparking.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-70010, filed 1/23/02, effective 3/1/02.]
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-710, filed 1/23/02, effective 3/1/02.]
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-71020, filed 1/23/02, effective 3/1/02.]
SMALL ARMS SMOKELESS (( Small arms smokeless ((propellants (Class B))) powder
(Division 1.2 or 1.3) must be packed, stored, and transported in
U.S. DOT approved shipping containers.
All smokeless ((propellants)) powder must be stored in
shipping containers made for smokeless ((propellants)) powder (as
required by 49 CFR 173.93).
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-71040, filed 1/23/02, effective 3/1/02.]
Twenty-five pounds or less of small arms smokeless
((propellants)) powder, no restrictions
Twenty-five to fifty pounds of small arms smokeless
((propellants)) powder, they must be stored in a strong box or
cabinet constructed of a minimum of 3/4-inch plywood or
equivalent material, on all sides, top, and bottom
(2) Commercial stocks.
Over twenty pounds but not more than one hundred pounds
of small arms smokeless ((propellants)) powder must be stored in
portable wooden boxes with a minimum of one-inch thick walls
Small arms smokeless ((propellants)) powder not exceeding
one hundred fifty pounds, must be stored in a nonportable storage
cabinet with a minimum of one-inch thick wood walls
(3) Dealer's warehouse.
A dealer's warehouse cannot hold more then one hundred
fifty pounds of small arms smokeless ((propellants)) powder
Twenty to one hundred pounds of small arms smokeless
((propellants)) powder must be stored in a minimum of one-inch
thick portable or fixed wooden boxes
(4) Dealer's display.
The dealer's display cannot exceed more then seventy-five
pounds of small arms smokeless ((propellants)) powder
Small arms smokeless ((propellants)) powder must be
stored in one-pound containers
(5) Magazines. Small arms smokeless ((propellants)) powder
that exceed one hundred fifty pounds must be stored in approved
licensed magazines. See Storage licensing, WAC 296-52-660,
Storage of explosive materials, WAC 296-52-690, and Magazine
construction, WAC 296-52-700.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-03-125, § 296-52-71045, filed 1/23/02, effective 3/1/02.]