This Article shall apply to the manufacture, possession, storage, sale, transportation and use of explosives and blasting agents, except that nothing in this Article shall be construed as applying to:
A. 
The Armed Forces of the United States or the State Militia.
B. 
Explosives in forms prescribed by the official United States Pharmacopoeia.
C. 
The sale or use of fireworks.
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 fifteen (15) pounds of smokeless powder and one thousand (1,000) small-arms primers for handloading of small-arms ammunition for personal use.
F. 
The manufacture, possession, storage and use of no more than fifteen (15) pounds of explosives or blasting agents in educational, governmental or industrial laboratories for instructional or research purposes when under 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.
As used in this chapter, the following terms shall have the meanings indicated:
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 carbonitrates by Interstate Commerce Commission regulations shall be included in this definition.
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 Interstate Commerce Commission 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, cordeau detonant fuse, instantaneous fuse, igniter cord and igniters.
SMALL-ARMS AMMUNITION
Any shotgun, rifle, pistol or revolver cartridge.
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 explosives used in jet tapping of open-hearth furnaces and jet perforations of oil-well casings.
SPECIAL INDUSTRIAL HIGH-EXPLOSIVE MATERIAL
Sheets, extrusions, pellets and packages of high explosives, containing dynamite, trinitrotoluol, pentaerythritol tetranitrate, 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.
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.
[Amended 11-21-2006 by L.L. No. 5-2006]
Unless authorized by the Board of Trustees in conjunction with final site plan approval, it is prohibited to:
A. 
Manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents.
B. 
Transport explosives or blasting agents.
C. 
Use explosives or blasting agents.
D. 
Operate a terminal for handling explosives or blasting agents.
E. 
Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise.
F. 
Transport blasting caps or electric blasting caps on the same vehicle with explosives.
A. 
The manufacture of explosives or blasting agents shall be prohibited unless such manufacture is authorized by the Chief of the Fire Department. This shall not apply to handloading of small-arms ammunition for personal use when not for resale.
B. 
The storage of explosives and blasting agents is prohibited within the limits established by law as the limits of the district in which such storage is to be prohibited, except for temporary storage for use in connection with approved blasting operations; provided, however, that this prohibition shall not apply to wholesale and retail stocks of small-arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds of explosive material.
C. 
The Chief of the Fire Department may limit the quantity of explosives or blasting agents to be permitted at any location.
D. 
No person shall sell or display explosives or blasting agents on highways, sidewalks, public property or in places of public assembly.
E. 
The Chief of the Fire Department may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, reloaded or temporarily retained at each terminal where such operations are permitted.
F. 
Shipments of explosives or blasting agents delivered to carriers shall comply with Interstate Commerce Commission regulations.
G. 
Carriers shall immediately notify the Chief of the Fire Department when explosives or blasting agents are received at terminals.
A. 
Explosives, including special industrial high-explosive materials, shall be stored in magazines which meet the requirements of this article. This shall not be construed as applying to wholesale and retail stocks of small-arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than five hundred (500) pounds of explosive material.
B. 
Class I magazines shall be used for the storage of explosives when quantities are in excess of fifty (50) pounds of explosive material.
C. 
Class I or Class II magazines shall be used for the storage of explosives in quantities of fifty (50) pounds or less of explosive material, except that a Class II magazine may 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 (1) day's supply for use in current operations.
D. 
Class I and Class II magazines shall be located away from inhabited buildings, passenger railways, public highways and other magazines in conformity with the provisions of the American Table of Distances for Storage of Explosives, except as provided in Subsection E of this section.
E. 
The Chief of the Fire Department may authorize the storage of up to fifty (50) pounds of explosives and five thousand (5,000) blasting caps in wholesale and retail hardware stores or other approved establishments. Explosives and blasting caps shall be stored in separate Class II magazines at approved locations on the first floor not more than ten (10) feet from an entrance. A distance of ten (10) feet shall be maintained between the magazines. Their location shall not be changed without approval of the Chief of the Fire Department.
F. 
At the site of blasting operations, a distance of at least one hundred fifty (150) feet shall be maintained between Class II magazines and the blast area when the quantity of explosives temporarily kept therein is in excess of twenty-five (25) pounds and at least fifty (50) feet when the quantity of explosives is twenty-five (25) pounds or less.
G. 
Property upon which Class I magazines are located shall be posted with signs reading "Explosives — Keep Off."
H. 
Class II magazines shall be painted red and shall bear lettering in white, on all sides and top, at least three (3) inches high, reading "Explosives — Keep Fire Away."
A. 
Explosives shall not be transported on public conveyances.
B. 
Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and shall be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flameproof and moistureproof tarpaulin or other effective protection against moisture and sparks. Such vehicles shall have tight floors, and exposed spark-producing metal on the inside of the body shall be covered with wood or other nonsparking material to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of open-body vehicles.
C. 
The attachment of any type of trailer behind a truck, a tractor-semitrailer or truck-full-trailer combination transporting explosives is prohibited. Explosives shall not be transported on any pole trailer.
D. 
Every vehicle, when used for transporting explosives, shall be equipped with not less than one (1) approved-type fire extinguisher, suitable for use on flammable liquid fires, filled and ready for immediate use and located near the driver's seat.
E. 
Only those dangerous articles authorized to be loaded with explosive by Interstate Commerce Commission regulations shall be carried in the body of a vehicle transporting explosives.
F. 
Every vehicle transporting explosives shall be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than three inches high on contrasting background.
G. 
Blasting caps or electric blasting caps shall not be transported over the highways of the municipality on the same vehicle with other explosives, except by permission of the Chief of the Fire Department.
H. 
Vehicles transporting explosives shall not be left unattended at any time within the municipality.
I. 
Vehicles transporting explosives shall be routed to avoid congested traffic and densely populated areas.
A. 
Blasting operations shall be conducted during daylight hours except when authorized at other times by the Building Inspector.
[Amended 11-21-2006 by L.L. No. 5-2006]
B. 
Wherever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of blasting in compliance with the provisions of this Code and all applicable law and specify the location and intended time of such blasting. In an emergency this time limit may be waived by the Building Inspector.
[Amended 11-21-2006 by L.L. No. 5-2006]
C. 
Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar transmitters, lightning, adjacent power lines, dust storms or other sources of extraneous electricity.
A. 
Blasting agents or oxidizers, when stored in conjunction with explosives, shall be stored in the manner set forth in § 35-22 for explosives. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements.
B. 
Buildings used for the storage of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives.
C. 
Semitrailers or full trailers may be used for temporarily storing blasting agents, provided that they are located away from inhabited buildings, passenger railways and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives.
A. 
Buildings or other facilities used for mixing blasting agents shall be located away from inhabited buildings, passenger railways and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives.
B. 
Not more than one day's production of blasting agents or the limit determined by the American Table of Distances for Storage of Explosives, whichever is less, shall be permitted in or near the building or other facility used for mixing blasting agents. Larger quantities shall be stored in separate buildings or magazines.
A. 
Blasting agents shall be transported in accordance with the requirements for explosives in § 35-23 except as provided in Subsection B of this section.
B. 
Every vehicle transporting blasting agents shall be marked or placarded on both sides, front and rear, with the word "Dangerous" and also the words "Blasting Agents" in letters not less than three (3) inches high on a contrasting background.