La. Admin. Code tit. 55 § I-1503

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-1503 - Definitions

Approved- approved by the Office of the Deputy Secretary of Public Safety Services.

Artificial Barricade- an artificial mound or revetted wall of earth of a minimum thickness of 3 feet.

Annual Refresher Training-a period of 13 calendar months.

Barricaded- building containing explosives is effectively screened from a magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the leave line of any magazine or building, or to a point 12 feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.

Blaster-any person employed by a primary licensee who detonates or otherwise effects the explosion of an explosive by loading, arming or firing an explosive or who is in immediate personal charge and supervision of one or more other persons engaged in such activity.

Combustible- any material with a flash point above 140° Fahrenheit and less than 200° Fahrenheit.

Dealer- any person engaged in the wholesale or retail business of buying and selling explosives, provided that should a manufacturer-distributor make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer.

Dealer-Distributor- any person engaged in the wholesale or retail business of buying and selling, or distribution of explosives, provided that should a manufacturer make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer.

Deputy Secretary of Public Safety Services-the deputy secretary for Public Safety in the Department of Public Safety and Corrections, or his designee.

Emergency Contact Telephone Number-a telephone number that will be answered by a knowledgeable company representative who can answer questions about the company's product stored in said company's licensed explosive magazine twenty four hours daily seven days per week including holidays. The contact person shall also have the ability to provide or effect a timely response in the event of an emergency or an incident requiring a response.

Explosives- any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes but is not limited to dynamite and other high explosives, black powder in quantities in excess of 5 pounds, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The term explosives further includes but is not limited to the following.

1.Binary (phosphoric)- two or more unmixed, commercially manufactured prepackaged chemical substances including oxidizers, flammable liquids or solids, or similar substances that are not independently classified as explosives but which when mixed or combined form a mixture that is classified as an explosive and that is intended for blasting.

2.Blasting Agent- any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive; provided, that the finished product, as mixed for use or shipment, cannot be detonated by means of a number eight test blasting cap when unconfined.

3.Detonator- any device containing an initiating or primary explosive that is used for initiating detonation in another explosive material. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges. The term includes but is not limited to electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps which use detonating cord, shock tube, or any other replacement for electric leg wires. When used in this Chapter, the term cap shall have the same meaning as the term detonator.

4. The term explosive shall not include smokeless powder when used in sporting arms.

Factory Building- any building or other structure, except, 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. The definition does not include private residences or shop buildings where hand loading of small arms ammunition is being carried on.

Flammable- any material with a flash point of 140° Fahrenheit or less.

Handler-a person who touches, moves, or otherwise handles explosives but does not detonate or otherwise effect the explosion of explosives by loading, arming or firing the explosive. The license issued to a handler shall not be used by a blaster or user who uses explosives as an ultimate consumer. However, an individual with a blaster's license may engage in the activities of a handler without a handler's license.

Highway- any public street or public road, public highway, alley or thoroughfare. Public highways of Class A to D as applied to the American Table of Distances for Storage of Explosives are highways with an average traffic volume of three thousand or less vehicles per day as specified in American Civil Engineering Practice (Abbett, Volume 1, Table 46, Section 3-74 Edition, John Wiley and Sons).

Inhabited Building-any building or structure regularly used in whole or part as a place of human habitation, also any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding buildings or structures occupied in connection with the manufacture, transportation, storage and use of explosives. A building, such as an office building or repair shop, which is part of the premises of an explosives licensee and is used in connection with the manufacture, transportation, storage, or use of explosives is not an inhabited building.

Local Office- as applies to a user, means a structure, place of rental, such as an apartment or motel, or a movable such as a barge, ship or vehicle in the vicinity of the storage container.

Magazine- any building, structure, or device used for temporary or permanent storage of explosives. There shall be five types of magazines built and/or constructed in accordance with the rules and regulations promulgated pursuant to this Chapter. This definition does not apply to the storage of explosives in underground mining operations.

Magazine License Number-the number of a specific magazine license assigned to a specific magazine by Louisiana Department of Public Safety, Explosive Control Unit.

Manufacturer- a person engaged in the manufacture, compounding, or combining of explosives

Manufacturer-Distributor- a person engaged in the manufacture, compounding, combining, or distribution of explosives.

Natural Barricade- natural features of the ground such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen when the trees are bare of leaves.

Offshore- any work performed at locations accessible only by air or water when the work location is totally surrounded by water and explosives are secured and attended.

Oxidizer-any material that may, generally by yielding oxygen, cause or enhance the combustion of other materials.

Person- any individual, corporation, company, association, firm, partnership, society, or joint stock company.

Primary Licensee-the responsible party holding a valid manufacturer, dealer-distributor or user license.

Purchase and its various forms- includes acquisition of any explosive by a person with or without consideration.

Railroad- any steam, electric, diesel electric, or other railroad or railway which carries passengers for hire.

Sale and its various forms- includes delivery of an explosive with or without consideration.

Secured Area-any location that is either locked or under the immediate control of a licensee.

Temporary-no more than 48 hours.

Unauthorized Persons- persons not employed by the licensed company or authorized by the licensed manufacturer, dealer-distributor or user.

User- a person who, as an ultimate consumer of an explosive, purchases the same from a dealer-distributor or manufacturer or means a dealer or manufacturer who uses an explosive as an ultimate consumer.

Vessel-any description of watercraft used or capable of being used as a means of transportation on water.

La. Admin. Code tit. 55, § I-1503

Filed by the Department of Public Safety, Office of State Police, at the Office of the State Register, 1974, promulgated and amended LR 10:803 (October 1984), amended by the Department of Public Safety and Corrections, Office of State Police, Transportation and Environmental Safety Section, Explosive Control Unit, LR 22:1230 (December 1996), amended by the Department of Public Safety and Corrections, Office of State Police, LR 26:90 (January 2000), amended LR 34:2674 (December 2008), LR 36:550 (March 2010), Amended LR 46591 (4/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1472.1 et seq.