The equipment, processes and operations involving
the manufacture, possession, storage, sale, transportation and use
of explosives and blasting agents shall comply with the applicable
requirements of this Code and the provisions of this chapter and shall
be maintained in accordance with NFiPA 495 and DOT 49 CFR listed in
Appendix A, except as herein specifically exempted or where provisions
of this chapter do not specifically cover conditions and operations.
Nothing in this chapter shall be construed as
applying to the following explosive uses:
A. The Armed Forces of the United States or of a state.
B. Explosives in forms prescribed by the official United
States Pharmacopoeia.
C. The sale or use of fireworks which are regulated by Chapter
143.
D. The possession, transportation and use of small arms
ammunition or special industrial explosive devices.
E. The possession, storage, transportation and use of
not more than 15 pounds (6.81 kilograms) of smokeless powder and 1,000
small arms primers for hand loading of small arms ammunition for personal
use.
F. The manufacture, possession, storage and use of not
more than 15 pounds (6.81 kilograms) of explosives or blasting agents
in educational, governmental or industrial laboratories for instructional
or research purposes when under the direct supervision of experienced,
competent persons.
G. The transportation and use of explosives or blasting
agents by the United States Bureau of Mines, the Federal Bureau of
Investigation, the United States Secret Service or Police and Fire
Departments acting in their official capacity.
A permit shall be obtained from the Fire Marshal
and/or Chief of Police and/or Emergency Management Coordinator for
any of the following conditions or operations:
A. To manufacture, possess, store, sell or otherwise
dispose of explosives or blasting agents.
B. To transport explosives or blasting agents.
C. To use explosives or blasting agents.
D. To operate a terminal for handling explosives or blasting
agents.
E. To deliver to or receive explosives or blasting agents
from a carrier at a terminal between the hours of sunset and sunrise.
F. To transport blasting caps or electric blasting caps
on the same vehicle with explosives.
Permits as required above shall not be issued
for:
B. Dynamite (except gelatin dynamite) containing over
60% of liquid explosive ingredient.
C. Dynamite having an unsatisfactory absorbent or one
that permits leakage of a liquid explosive ingredient under any conditions
liable to exist during storage.
D. Nitrocellulose in a dry and uncompressed condition
in quantity greater than 10 pounds (4.54 kilograms) net weight in
one package.
E. Fulminate of mercury in a dry condition and fulminate
of all other metals in any condition except as a component of manufactured
articles not hereinafter forbidden.
F. Explosive compositions that ignite spontaneously or
undergo marked decomposition, rendering the products of their use
more hazardous, when subjected for 48 consecutive hours or less to
a temperature of 167° F. (75° C.).
G. New explosives until approved by DOT 49 CFR listed
in Appendix A, except for permits issued to educational, governmental
or industrial laboratories for instructional or research purposes.
H. Explosives condemned by DOT 49 CFR listed in Appendix
A.
I. Explosives not packed or marked in accordance with
the requirements of DOT 49 CFR listed in Appendix A.
J. Explosives containing an ammonium salt and a chlorate.
Before a permit to do blasting is issued, as required under §
127-7, the applicant for such permit shall file a bond in such form, amount and coverage as determined by the legal department of the jurisdiction to be adequate in each case to indemnify the jurisdiction against any damages arising from the permitted blasting.
For the purpose of this article, and as used
in this chapter, the following words and terms shall have the meanings
shown:
BLASTING AGENT
Any material or mixture consisting of a fuel and oxidizer
intended for blasting, not otherwise classified as an explosive, in
which none of the ingredients are classified as explosives, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
Materials or mixtures classified as nitro carbo nitrates by Department
of Transportation regulations shall be included in this definition.
CARRIER
Any person who engages in the transportation of articles
or materials by rail, highway, water or air.
EXPLOSIVE
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion. The term explosive
includes all materials classified as Class A, Class B or Class C explosives
by Department of Transportation regulations and includes, but is not
limited to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuse, fuse igniters,
fuse lighters, squibs, conreau detonant fuse, instantaneous fuse,
igniter cord and igniters.
EXPLOSIVE-ACTUATED POWER DEVICE
Any tool or special mechanized device which is actuated by
explosives, but not to include propellant-actuated power devices.
Examples of explosive-actuated power devices are jet tappers and jet
perforators.
HIGHWAY
Any public street, alley or road.
MAGAZINE
Any building or structure approved for the storage of explosives.
Magazines shall be of two classes, as follows:
A.
Class I magazines shall be used for the storage
of explosives when quantities are in excess of 50 pounds (22.70 kilograms)
of explosive material.
B.
Class II magazines shall be used for the storage
of explosives in quantities of 50 pounds (22.70 kilograms) or less
or explosive materials except that a Class II magazine is permitted
to be used for temporary storage of a larger quantity of explosives
at the site of blasting operations where such amount constitutes not
more than one day's supply for use in current operation.
PUBLIC CONVEYANCE
Any railway car, streetcar, cab, bus, airplane or other vehicle
transporting passengers for hire.
RAILWAY
Any steam, electric or other railroad or railway which carries
passengers for hire.
SPECIAL INDUSTRIAL EXPLOSIVE DEVICE
Any explosive power-pack containing an explosive charge in
the form of a cartridge or construction device. The term includes,
but is not limited to, explosive rivets, explosive bolts, explosive
charges for driving pins or studs, cartridges for explosive-actuated
power tools and charges of explosive used in jet tapping of open hearth
furnaces and jet perforation of oil well casings.
SPECIAL INDUSTRIAL HIGH EXPLOSIVE MATERIALS
Sheets, extrusions, pellets and packages of high explosives
containing dynamite, trintrotoluol, pentaerythritoltetranitrate, cyclotrimethylenetrinitramine
or other similar compounds used for high-energy rate-forming, expanding
and shaping in metal fabrication, and for dismemberment and quick
reduction of scrap metal.
TERMINAL
Those facilities used by carriers for the receipt, transfer,
temporary storage or delivery of articles or materials.
TEST BLASTING CAP NO. 8
One containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate, or a cap of equivalent strength.
VEHICLE
A conveyance of any type operated upon the highways.