La. Admin. Code tit. 55 § I-1505

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1505 - General Administrative Requirements

A. All incidents or accidents involving explosives which resulted in property damage, injuries, or fatalities shall be reported to the Deputy Secretary of Public Safety Services, Explosives Control Unit through the State Police Hot Line (225-925-6595) immediately!

B. No person under the age of 21 shall purchase or acquire explosives or explosive supplies.

C. No person shall store, handle, or transport explosives or blasting agents when such storage, handling and transportation of explosives or blasting agents constitutes an undue hazard to life and property.

D. No person or business shall possess, keep, store, sell, or offer for sale, give away, use, transport, or dispose of, or otherwise handle in any manner any explosive or blasting agent except in conformity with the provisions of R.S. 40:1472.2 et seq. Nothing in this Subsection shall be so construed as to prevent hand-loaders of ammunition from giving small quantities of black powder or smokeless propellant to one another in quantities of one pound or less.

E. Nothing in these rules and regulations shall be construed to prohibit the use of explosives in the form prescribed by the official United States Pharmacopoeia.

F. Prior to the sale of any explosives, manufacturers and dealer-distributors are to possess a copy of the purchasing company's current explosives license. Manufacturers and dealer/distributors shall be required to retain copies of sales of explosives for a period of not less than 24 months. These sale slips or invoices must be legible, correct and complete.

G. Persons having explosives in their possession that were purchased prior to the serialization requirements set forth in this Chapter must notify the Deputy Secretary of Public Safety Services through Explosive Control, Baton Rouge, Louisiana.

H. No explosives or blasting agents shall be manufactured within this state unless the persons engaged therein possess a valid and subsisting license issued by the Office of the Deputy Secretary of Public Safety Services, in accordance with the provisions of R.S. 40:1472.1 through 40:1472.19.

I. Nothing contained in these rules and regulations shall be in conflict with provisions of the National Security Act of 1947, as amended, or the Espionage and Sabotage Act of 1954, as amended, or the Organized Crime Control Act of 1970 " PL 91-452, Chapter 40."

J. Each manufacturer, dealer-distributor, user, blaster, or handler shall possess a valid and subsisting license issued by the Office of the Deputy Secretary of Public Safety Services, in accordance with the provisions of R.S. 40:1472.1 through 40:1472.19. If requested by the deputy secretary, applicants for a license shall submit with their application two complete, legible, and classifiable FBI applicant fingerprint cards taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints. Cost incurred by the department for processing, Louisiana State Police and Federal Bureau of Investigation fingerprint cards shall be borne by the applicant.

K. A photo license issued by the Office of the Deputy Secretary of Public Safety Services shall be in the possession of the licensee while actively engaged in explosive handling. An original or copy of the paper license issued by the Office of the Deputy Secretary of Public Safety Services must be maintained at the licensee's local office. A fee of $25 shall be paid to the Department of Public Safety and Corrections, Explosives Control Unit for any necessary replacement or modification of a license.

1. The photo license shall not be required to be in the possession of the licensee only when the presence of the license would create a danger of physical injury to the licensee or others and only while the licensee is actually working with explosives on his employer's facility. However, when this exception is invoked, the license shall be on file or otherwise available at the site of the employer's facility and, upon request, shall be produced for inspection within a reasonable amount of time.

L. Licensees shall keep records required by this Chapter on the business premises for five years from the date a transaction occurs or until discontinuance of business or operations by the licensee.

La. Admin. Code tit. 55, § I-1505

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 34:2674 (December 2008), LR 35:491 (March 2009), LR 36:550 (March 2010), LR 40:2609 (12/1/2014), Amended LR 45281 (2/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1472.1 et seq.