N.Y. Comp. Codes R. & Regs. tit. 12 § 39.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 39.6 - General provisions for the storage and handling of explosives

(a) Explosive material storage.

(1) All explosive materials shall be kept in storage facilities which comply with the provisions of this Part (rule) unless such explosive materials are:

(i) in the process of manufacture;

(ii) being physically handled in the operating process of a licensee or employer;

(iii) being used in blasting operations; or

(iv) being transported to a place of storage or use by a licensee, a certified blaster or other designated person who has lawfully acquired such explosive materials.

(2) Except as otherwise provided by this Part (rule), no indoor facility for the storage of explosives shall be located in a residence or dwelling.

(b) Magazine locking. All magazines and all enclosures used for the storage of explosives shall be kept locked at all times except when opened by the employer, his authorized agent, the certified blaster or other designated person under the supervision of the blaster for the purpose of placing explosives therein, removing explosives therefrom, inspection or inventory of the contents of such magazines or enclosures. Locking systems installed in magazines shall comply with the requirements of this Part (rule).

(c) Access to explosives. No person unless duly authorized by the owner of the explosives or a certified blaster shall have access to or enter any magazine or explosives storage enclosure. Detonators or other explosives when removed from magazines shall not be left unguarded where children or other unauthorized persons may have access to them.

(d) Magazine inventory and inspection.

(1) Inventory.

(i) A running inventory of each magazine containing explosives shall be made at the end of each day during which blasting operations are conducted or whenever the magazine is opened for any purpose.

Exception:Such daily inventory is not required for any magazine opened only for the purpose of an inspection by the commissioner.

(ii) Such inventory records shall list the total amount and kinds of explosives in each magazine and shall contain entries for each deposit and withdrawal of explosives.

(iii) Such inventory records shall be kept in duplicate with one copy located in the magazine and the other located in the office of the employer available for examination by the commissioner.

(iv) If any such daily inventory discloses missing explosives and such discrepancy has been verified by a physical inventory of the magazine performed by the employer, the New York State Police shall be notified immediately. The commissioner shall be notified in writing of such discrepancy within 24 hours.

(2) Security inspection. Each magazine containing explosives shall be inspected at intervals not greater than three days. Such inspection shall include the magazine exterior and interior with special attention to door and locking mechanisms. Any evidence of unauthorized entry or attempted unauthorized entry or missing explosives shall be reported immediately to the New York State Police and written notification shall be forwarded to the commissioner within 24 hours.

(e) Smoking and open flames. No person shall smoke or carry open flames, lighted objects or other spark-producing devices in or within 50 feet of any magazine containing explosives nor within 50 feet of any other explosives. This subdivision shall not be construed to prohibit the lighting of fuses for the purpose of blasting.

(f) Marking explosives.

(1) Explosive containers. No person shall own, possess, store, sell or use, or authorize or permit the use of explosives unless the original package, case or container is clearly marked so as to designate the kind and grade, the manufacturer and the location, date and shift of manufacture of such explosives. The date of manufacture and shift of manufacture may be in code, provided that the key to such code shall be filed with the commissioner. All cases containing explosives for underground use shall be clearly marked with the fume classification of its contents. No explosives, other than those in fume classes 1, 2 or 3 shall be used in confined spaces.

Exception:Broken lots of explosives may be sold if details required by this Part (rule) are noted on the bills of sale.

(2) Individual explosives. Each individual stick, cartridge, bag or other package of dynamite, booster, blasting agent or water gel; each cannister or keg of black or smokeless powder; and the smallest cartons or boxes of detonators, detonating cord or fuse; manufactured after April 1, 1972 and delivered into New York State for use or resale, shall be marked with the identity of the manufacturer and the location, date and shift of manufacture. Such markings shall be in the English language and shall be legible. Such markings may be in code, providing the key to such code is filed with the commissioner.

(g) Bills of sale required. Every person who sells any explosives shall provide every purchaser with a bill of sale for each such transaction. Every such bill of sale shall contain the purchaser's license number and any other information that the commissioner may require.

(h) Detonator requirements. No detonator shall be sold or used unless its initiating power, as measured in the TNT-iron oxide insensitive powder test, appended hereto [see Appendix A-11, infra] and made part hereof, is at least equal to a detonator containing one gram of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate.

(i) Destroying explosives. Explosives which have deteriorated, have been damaged so as to be unfit for use or are unwanted shall be destroyed in a safe manner only by a certified blaster, a person duly licensed pursuant to section 458 of the Labor Law or by the commissioner. This provision shall not prohibit reprocessing of explosives by the manufacturer thereof.

(j) Magazines for detonators. Detonators shall be stored in separate magazines and no other explosives, materials or tools except safety fuse, wooden wedges and wooden or fibre mallets may be stored in such magazines.

(k) Magazines for all other explosives. All explosives, other than detonators, shall be stored in separate magazines devoted exclusively to such explosives in accordance with the provisions of this Part (rule).

(l) Storage of blasting equipment. All tamping poles and other tools, as well as electrical and mechanical equipment used in connection with blasting, shall be separately stored in a compartment or enclosure devoted exclusively to such purpose at all times except when in use.

Exception:Wooden wedges and wooden and fibre mallets stored in detonator magazines.

(m) Smokeless powder.

(1) Storage by individuals. Smokeless powder for the reloading of shells by sportsmen for use in sporting rifles, shotguns, pistols or revolvers in an amount not in excess of 15 pounds and in the original containers may be kept in a building or other structure without storing such powder in a magazine.

(2) Storage by mercantile establishments. Not more than 100 pounds of smokeless powder in original containers shall be stored in a mercantile establishment. The storage of smokeless powder in any mercantile establishment having a gross floor area in excess of 10,000 square feet is prohibited. The storage of smokeless powder in mercantile establishments shall be subject to the following conditions:

(i) Not more than two 50-pound capacity wooden storage boxes containing smokeless powder shall be located within such an establishment and such boxes shall be placed not more than five feet apart. Each such storage box shall be located on the floor nearest the ground level and within 10 feet of an outside exit.

(ii) Such smokeless powder storage boxes shall be constructed of lumber having a thickness of at least one inch and shall be provided with hinged covers. Such storage boxes shall be painted with red, bright orange or aluminum paint. The words "EXPLOSIVES-- SMOKELESS POWDER" shall be plainly lettered on a surface of each such box which is clearly visible to any person approaching the box. Such lettering shall be in contrasting colors and shall be not less than two inches in height. Each such box shall be provided with adequate handles to facilitate rapid removal from the establishment and each box shall be of such size as to be readily passable through the existing exits.

(iii) Individual factory-sealed containers of smokeless powder which are stored in such boxes shall have a maximum weight of 10 pounds.

(iv) Each such storage box shall be so specifically located as to be readily accessible for rapid removal from the premises. Such specific locations shall be on file with both the police and firefighting authorities of the locality in which the establishment is situated.

(v) Each such storage box shall be kept locked except when deposits or withdrawals of smokeless powder containers are being made.

(vi) The owner shall obtain a certificate for each magazine where smokeless powder is stored as required by section 453 of the Labor Law.

(n) Protection of magazines. All magazines shall be so located or so protected as to prevent accidental impact from vehicles or falling objects.

(o) Storage of explosives by governmental agencies. Civil agencies of the United States, New York State and its political and civil subdivisions, except the police and fire departments thereof, whose employees in the course of their duties are required to purchase or possess explosives, shall store such explosives in accordance with the requirements of the Labor Law and of this Part (rule).

(p) Return of explosives to magazines. Every person who holds a valid license issued by the commissioner pursuant to section 458 of the Labor Law and every certified blaster controlling the handling and use of explosives shall be responsible for the return of all unused explosives or ingredients thereof to the magazines and shall prevent any explosives or ingredients thereof from being taken to any place not necessary to their use.

(q) Containers for explosives. No person shall possess, store or cause to be stored explosives unless such explosives are completely enclosed or encased in tight metal, wooden, plastic or fibreboard containers. Such containers shall be piled top side up so as to eliminate the danger of falling. Containers of liquid nitroglycerin shall be vented as required by subdivision (t) of this section. No person shall permit any explosives or any grains or particles thereof to remain on the outside of or about any container. Corresponding grades and brands of explosives shall be stored together in such manner that the brands and grade marks are easily visible for inspection and inventory purposes. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall be removed first.

(r) Opening packages or containers of explosives. No person shall open packages or containers of explosives at any time within 50 feet of any magazine. In opening packages or containers of explosives, no tools except wooden wedges and either wooden, fibre or rubber mallets shall be used.

(s) Containers for storage of liquid nitroglycerin. Loaded containers of liquid nitroglycerin may be placed on shelves not more than 54 inches above the floor. Such containers shall not be stored more than one tier high.

(t) Venting containers of liquid nitroglycerin. The closure of any liquid nitroglycerin container stored in a magazine shall be loosened to permit venting. Such closure shall be securely tightened before the container is removed from the magazine.

(u) Inspection of liquid nitroglycerin containers. In addition to the inspections of explosives magazines required by this Part (rule), all liquid nitroglycerin containers shall be inspected at least once each week for leakage, rust or warp. Upon discovery of any such defect, the container shall be destroyed.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 39.6