City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.29
Section 10.29.013
 

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.29 Contractors and Workers

Article I. Blasting

Section 10.29.013 Definitions

For purposes of this code, words and phrases having the meanings set forth in this section and in the Fire Code (chapter 17F.080 SMC) apply.

  1. The terms “authorized”, “approved” or “approval” mean authorized, approved or approval by the department of labor and industries.
  1. The term “blasting agent” means and includes any material or mixture consisting of a fuel and oxidizer that is intended for blasting and not otherwise defined as an explosive if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined.
    1. 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.
      1. An equivalent strength cap comprises 0.40 to 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.
  1. The term “dealer” means and includes any person who purchases explosives or blasting agents for the sole purpose of resale, and not for use or consumption.
  1. The term “efficient artificial barricade” means an artificial mound or properly revetted wall of earth of a minimum thickness of not less than three feet or such other artificial barricade as approved by the department of labor and industries.
  1. The term “explosive” or “explosives” means and includes any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
    1. In addition, the term “explosives” shall include all material which is classified as division 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 explosives by the United States department of transportation.
    1. Small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds are not defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.
    1. Classification of explosives includes but is not limited to the following:
      1. Division 1.1 and 1.2 Explosives.

Possess mass explosion or detonating hazard and include:

        1. dynamite,
        1. nitroglycerin,
        1. picric acid,
        1. lead azide,
        1. fulminate of mercury,
        1. black powder exceeding five pounds,
        1. blasting caps in quantities of one thousand one or more, and
        1. detonating primers.
      1. Division 1.3 Explosives.

Possess a minor blast hazard, a minor projection hazard or a flammable hazard and include propellant explosives, including smokeless powder exceeding fifty pounds.

      1. Division 1.4, 1.5 and 1.6 Explosives.

Include certain types of manufactured articles which contain division 1.1, 1.2 or 1.3 explosives, or all, as components, but in restricted quantities, and also include blasting caps in quantities of one thousand or less.

  1. The term “explosive-actuated power devices” means any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices.
  1. The term “explosives manufacturing building” means and includes any building or other structure (excepting magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.
  1. The term “explosives manufacturing plant” means and includes all lands, with the buildings situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.
  1. The term “forbidden or not acceptable explosives” means and includes 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.
  1. The term “fuel” means and includes a substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion.
  1. The term “handloader” means and includes any person who engages in the noncommercial assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder and projectiles into cartridge cases.
  1. The term “handloader components” means small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds and black powder as used in muzzle-loading firearms not exceeding five pounds.
  1. The term “highway” means and includes any public street, public alley or public road, including a privately financed, constructed or maintained road that is regularly and openly traveled by the general public.
  1. The term “improvised device” means a device which is fabricated with explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and which is designed, or has the capacity, to disfigure, destroy, distract or harass.
  1. The term “inhabited building” means and includes only a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other building where people are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives.
  1. The term “magazine” means and includes any building or other structure, other than an explosives manufacturing building, used for the storage of explosives.
  1. The term “motor vehicle” means and includes any self-propelled automobile, truck, tractor, semi-trailer or full trailer, or other conveyance used for the transportation of freight.
  1. The term “natural barricade” means and includes any natural hill, mound, wall or barrier composed of earth or rock or other solid material of a minimum thickness of not less than three feet.
  1. The term “oxidizer” means a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.
  1. The term “person” means and includes any individual, firm, partnership, corporation, company, association, society, joint stock company, joint stock association, and including any trustee, receiver, assignee or personal representative thereof.
  1. The term “propellant-actuated power device” shall be held to mean and include any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
  1. The term “public conveyance” means and includes any railroad car, streetcar, ferry, cab, bus, airplane or other vehicle which is carrying passengers for hire.
  1. The term “public utility transmission system” means power transmission lines over ten KV, telephone cables or microwave transmission systems, or buried or exposed pipelines carrying water, natural gas, petroleum or crude oil, or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal or other publicly owned systems.
  1. The term “purchaser” means any person who buys, accepts or receives any explosives or blasting agents.
  1. The term “pyrotechnic” means and includes any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks as defined in chapter 70.77 RCW.
  1. The term “railroad” means and includes any steam, electric or other railroad which carries passengers for hire.
  1. The term “small arms ammunition” means and includes any shotgun, rifle, pistol or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, incendiary, tracer, spotting or pyrotechnic projectiles is excluded from this definition.
  1. The term “small arms ammunition primers” means small percussion-sensitive explosive charges encased in a cup, used to ignite propellant powder and shall include percussion caps as used in muzzle loaders.
  1. The term “smokeless powder” means and includes solid chemicals or solid chemical mixtures in excess of fifty pounds which function by rapid combustion.
  1. The term “user” means and includes any natural person, manufacturer or blaster who acquires, purchases or uses explosives as an ultimate consumer or who supervises such use.

Words used in the singular number shall include the plural, and the plural the singular.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)