ARTICLE 1. SCOPE AND DEFINITIONS

Sec. 1:01

Scope.

§ 1:011. This Code shall apply to the manufacture, possession, storage, sale, transportation and use of commercial explosives and blasting agents.

§ 1:012. This Code shall not apply to:

a) explosives or blasting agents while in the course of transportation via railroad, water, highway or air when the explosives or blasting agents are moving under the jurisdiction of, and in conformity with, regulations adopted by any federal department or agency.

b) the laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or to explosives in the forms prescribed by the official United States Pharmacopeia.

c) the transportation and use of explosives or blasting agents in the normal and emergency operations of federal agencies such as the Armed Forces, the Bureau of Mines, the Federal Bureau of Investigation, the Secret Service nor to state or municipal fire and police departments, providing they are acting in their official capacity and in the proper performance of their duties.

d) the sale and use (public display) of pyrotechnics commonly known as fireworks, including signaling devices such as flares, fusees and torpedoes.

e) small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations promulgated thereunder, except for the provisions of Articles 3 and 8 herein.

Sec. 1:02 Retroactivity.

The designated authority may issue a permit for the continued use for 12 months of an existing plant, store, equipment, building structure, and installation for the storage, handling or use of explosives or blasting agents which is not in strict compliance with the terms of this Code in all cases in which such continued use will not constitute a distinct hazard to life or adjoining property. In all cases where such permit is denied, the issuing authority shall notify the applicant and specify the reasons for denial in writing.

Sec. 1:03 Definitions.

AUTHORIZED, APPROVED or APPROVAL: The terms "authorized" "approved" or "approval" shall mean authorized, approved or approval by (the authority having jurisdiction).

BLASTING AGENT: Any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, and in which none of the ingredients is classified as an

explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a No. 8 test blasting cap.1

EXPLOSIVE-ACTUATED POWER DEVICES: Any tool or special mechanized device which is actuated by explosives, but not propellant-actuated power devices. Examples of explosive-actuated power devices are jet tappers and jet perforators.

EXPLOSIVE MATERIALS: Includes explosives and blasting

agents.

EXPLOSIVES: The term "explosive" or "explosives” shall mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture or device is otherwise specifically classified by the U.S. Department of Transportation. The term "explosives" shall include all material which is classified as Class A, Class B and Class C explosives and defined by the U.S. Department of Transportation.2

FORBIDDEN OR NOT ACCEPTABLE EXPLOSIVES: 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 U.S. Department of Transportation.

FUEL: A substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion. HIGHWAY: Any public street, public alley or public road. INHABITED BUILDING: A building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, air terminal, store or other structure where people are accustomed to assemble, except any building or

1 A No. 8 test blasting cap is one containing 2 grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.

2 Regulations of the U.S. Department of Transportation are found in Title 49, Part 170, et. seq., Code of Federal Regulations, and are obtainable from the U.S. Government Printing Office, Washington, D.C. 20401.

Classification of explosives thereby is as follows:

CLASS A EXPLOSIVES: Possessing detonating hazard; such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers. CLASS B EXPLOSIVES: Possessing flammable hazard; such as propellant explosives, including some smokeless propellants.

CLASS C EXPLOSIVES: Includes certain types of manufactured articles which contain Class A or Class B Explosives, or both, as components but in restricted quantities.

structure occupied in connection with the manufacture, transportation, storage or use of explosives.

MAGAZINE: Any building or structure, other than an explosives manufacturing building, approved for the storage of explosives.

MOTOR VEHICLE: Any self-propelled vehicle, truck, tractor, semi-trailer or full trailer used for the transportation of freight over public highways.

NITRO CARBO NITRATE: Any blasting agent which has been classified as nitro carbo nitrate under the U.S. Department of Transportation Regulations, and which is packaged and shipped in compliance with the regulations of the U.S. Department of Transportation.

OXIDIZER: A substance such as a nitrate that yields oxygen readily to stimulate the combustion of organic matter or other fuel.

PERSON: Any individual, firm, co-partnership, corporation, company, association, joint stock association and including any trustee, receiver, assignee or personal representative thereof.

PROPELLANT-ACTUATED POWER DEVICES: Any tool or special mechanized device or gas generator system which is actuated by a smokeless propellant or which releases and directs work through a smokeless propellant charge.

PUBLIC CONVEYANCE: Any railroad car, street car, ferry, cab, bus, airplane or other vehicle which is carrying passengers for hire. PYROTECHNICS: 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, including signalling devices such as flares, fusees, and torpedoes.

RAILWAY: Any steam, electric, diesel electric or other railroad or railway which carries passengers for hire.

SINGULAR AND PLURAL: Words used in the singular number shall include the plural, and in the plural the singular.

SMALL ARMS AMMUNITION: 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.

SMALL ARMS AMMUNITION PRIMERS: Small percussionsensitive explosive charges encased in a cup, used to ignite propellant powder.

SMOKELESS PROPELLANTS: Solid propellants, commonly called smokeless powders in the trade, used in small arms ammunition, cannon, rockets, propellant-actuated power devices, etc.

SPECIAL INDUSTRIAL EXPLOSIVES DEVICES: Explosiveactuated power devices and propellant-actuated power devices.

SPECIAL INDUSTRIAL HIGH EXPLOSIVES MATERIALS: Shaped materials and sheet forms and various other extrusions,

pellets and packages of high explosives, which include dynamite, TNT, PETN, RDX, and other similar compounds used for highenergy-rate forming, expanding and shaping in metal fabrication and for dismemberment and quick reduction of scrap metal.

WATER GELS, OR SLURRY EXPLOSIVES: These comprise a wide variety of materials used for blasting. They all contain substantial proportions of water and high proportions of ammonium nitrate, some of which is in solution in the water. Two broad classes of water gels are (a) those which are sensitized by a material classed as an explosive, such as TNT or smokeless powder, and (b) those which contain no ingredient classified as an explosive; these are sensitized with metals such as aluminum or with other fuels. Water gels may be premixed at an explosives plant or mixed at the site immediately before delivery into the bore hole.

ARTICLE 2. PERMITS

FOREWORD

Safety of the public is a primary consideration in the manufacture, sale, transportation, storage, possession and use of explosive materials. An appropriate and thorough system of licensing or permitting is designed to promote this safety by assuring that these products come only into the hands of qualified persons who require them in their occupation.

The provisions of this Article shall not apply to persons or products covered by the provisions of the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and any regulations promulgated there

under.

No person shall engage in the manufacture of explosive materials without first obtaining the proper permit.

Sec. 2:02 Sale, Transportation, Storage, Possession, Use, or Blast

§ 2:021 No person shall engage in the sale, transportation, storage, or possession of explosive materials, or conduct an operation or activity involving the use of explosive materials, or perform or supervise the loading and firing of explosive materials without first obtaining the proper permit.

§ 2:022 Explosive materials shall not be sold, given, delivered, or transferred to any person not in possession of a valid permit. § 2:023 Every contractor, mine or quarry operator or other person conducting an operation or activity involving the use of explosive materials (1) shall obtain a permit to use explosive materials and shall be responsible for the results and any other consequences of any loading or firing of explosives; and (2) shall allow such loading and firing to be performed or supervised only by a person in his employ possessing an appropriate blaster's permit.

Sec. 2:03 Permit Classes

§ 2:031 To Manufacture -authorizes the manufacture, purchase, possession, transportation, sale, and storage of: Materials in process, development materials, and finished products. It covers the purchase of explosives and ingredients for manufacture of other explosives and blasting agents. A person having, or a person employed by a person having, a permit to manufacture explosive materials is not required to have a permit to use or blast explosive materials when the nature of the use or blasting is incidental to manufacture or development.

8 2:032 To Sell - authorizes the purchase, possession, storage, and sale of explosive materials. It is required of jobbers, wholesalers, distributors, dealers and retailers, whether or not they physically handle, store or have possession of the explosive materials.