N.Y. Comp. Codes R. & Regs. tit. 12 § 39.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 39.8 - Construction and maintenance of magazines

(a) General.

(1) Smokeless and black powder. Magazines for the storage of explosives shall be constructed and maintained in accordance with the provisions of this section except for the prescribed limited quantities of smokeless powder and black powder which shall be stored in accordance with the special provisions of sections 39.6 and 39.12 of this Part (rule).

(2) Lighting of magazines. Artificial lighting of the area surrounding a magazine shall be by floodlights. No lights shall be permitted in a magazine except battery-activated electric flashlights or electric lanterns, enclosed in rubber or other insulating covers.

(3) Maintenance of magazines. Magazines shall be maintained clean and dry at all times. No tools shall be kept in magazines except for wooden or fibre mallets and wedges and wooden or nonferrous conveyors. The ground around every magazine for a distance of at least 25 feet in every direction shall be kept clean of debris, dry leaves, dry grass and other flammable material.

(4) Ventilation screening. All ventilation openings in any magazine shall be screened in a manner acceptable to the commissioner to prevent the entrance of sparks.

(5) Magazine warning signs. Signs with the words, "EXPLOSIVES--KEEP OFF" legibly printed thereon in letters not less than six inches in height shall be posted by all licensees or certificate holders in the area of every permanent magazine, on the approaches thereto. Such signs shall be so placed as to warn any person approaching the magazine of the presence of explosives but shall not be so placed as to direct general public attention to the location of the magazine. No sign shall be placed on or so located with respect to a permanent magazine that a bullet passing directly through the face of the sign will strike the magazine. Portable magazines shall be painted vermilion or aluminum and shall have the word "EXPLOSIVES" printed on the top surface thereof in letters at least three inches in height.

(6) Discharge of firearms. No person shall discharge firearms of any kind within 500 feet of any magazine or explosives factory or at or against any such magazine or building or at or against any sign or placard located in such area.

(b) Types of storage facilities. For purposes of this Part (rule), there shall be five types of storage magazines. These types, together with the classes of explosive materials which shall be stored therein, are as follows:

(1) Type 1 storage magazines. Permanent facilities for the storage of high explosives. Other classes may also be stored therein.

(2) Type 2 storage magazines. Portable indoor and outdoor facilities for the storage of high explosives. Other classes may also be stored therein.

(3) Type 3 storage magazines. Portable outdoor facilities for the temporary storage of high explosives while attended. Other classes may also be stored therein.

(4) Type 4 storage magazines. Facilities for the storage of low explosives. Blasting agents may also be stored therein.

(5) Type 5 storage magazines. Facilities for the storage of blasting agents.

(c) Construction of type 1 storage magazines. A type 1 storage facility shall be a permanent structure: a building; an igloo or army-type structure; a tunnel; or a dugout. Such storage facility shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant and well ventilated.

(1) Buildings. All building-type storage magazines shall be constructed of masonry, wood, metal or a combination of these materials and shall have no openings except for entrance and ventilation. The ground around such storage magazines shall slope away for drainage.

(i) Masonry wall construction. Masonry wall construction shall consist of brick, concrete, tile, cement block or cinder block and shall be not less than six inches in thickness. Hollow masonry units used in such construction shall have all hollow spaces filled with well-tamped coarse dry sand or weak concrete (a mixture of one part cement and eight parts of sand with enough water to dampen the mixture while tamping in place).

(ii) Fabricated metal wall construction. Metal wall construction shall consist of sectional sheets of steel or aluminum not less than No. 14 gage securely fastened to a metal framework. Such metal wall construction shall be either lined inside with brick, solid cement blocks, hardwood not less than four inches in thickness or shall have at least a six-inch sand fill between interior and exterior walls.

(iii) Wood frame wall construction. The exterior of outer wood walls shall be covered with iron or aluminum not less than No. 26 gage. An inner wall shall be constructed so as to provide a space of not less than six inches between the outer and inner walls, which space shall be filled with coarse dry sand and weak concrete.

(iv) Floors. Floors shall be constructed of, or covered with, any suitable flooring material except steel or other ferrous metal and shall be strong enough to bear the weight of the maximum quantity to be stored.

(v) Foundations. Foundations shall be constructed of brick, concrete, cement block, stone or wood posts. If piers or posts are used in lieu of a continuous foundation, the space under the building shall be enclosed with metal.

(vi) Roofs. Roofs shall be constructed of noncombustible material, shall be watertight and shall be adequately supported for dead load, wind load and snow load, where applicable.

(vii) Bullet-resistant ceilings or roofs. Where it is possible, because of the general topography of the adjacent area and not because of the presence of adjacent trees, structures and earth barricades, for a bullet to be fired directly through the roof and into the storage magazine at such an angle that the bullet would strike a point below the top of the inner walls, the ceilings and roofs of such storage magazines shall be protected by one of the following methods:

(a) A sand tray located at the tops of the inner walls covering the entire ceiling area, except that necessary for ventilation, lined with a layer of building paper and filled with not less than four inches of coarse dry sand.

(b) A fabricated roof consisting of a combination of steel and hardwood equivalent to four inches of hardwood (each one-sixteenth inch thickness of steel will replace one inch of hardwood).

(viii) Doors. The doors of such buildings shall be constructed of not less than No. 14 gage metal lined with not less than four inches of hardwood or shall be constructed of not less than three-eights inch thick steel plate lined with not less than two and five-eights inches of hardwood. Hinges and hasps shall be attached to the doors by welding, riveting or bolting with the nuts located on the inside of the doors. Such hinges and hasps shall be installed in such a manner that they cannot be removed when the doors are closed and locked.

(ix) Locks. Each door shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of mortise lock and padlock; or with a mortise lock that requires two keys to open; or with a three-point lock. Each padlock shall have a case-hardened shackle and at least five tumblers and shall be protected with a cap constructed of at least No. 14 gage steel so as to prevent sawing or levering on the lock or hasp.

(x) Ventilation. Such magazines shall be adequately ventilated with offset openings to prevent dampness and heating of stored explosive materials.

(xi) Exposed metal. No ferrous metal shall be exposed to contact with the stored explosive materials. All ferrous metal nails in the floors and side walls exposed to contact with explosive materials shall be blind nailed, countersunk or covered.

(2) Igloos, army-type structures, tunnels and dugouts. Igloo, army-type tunnel and dugout storage magazines shall be constructed of reinforced concrete, masonry, metal or a combination of these materials. Each such storage magazine shall have an earthmound covering of not less than 24 inches on the top, sides and rear. Storage magazines of this type shall also be constructed in conformity with the requirements of subparagraph (iv) and subparagraphs (viii) through (xi) of paragraph (1) of this subdivision.

(d) Construction of type 2 storage magazines.

(1) General. A type 2 storage magazine shall be a box, a trailer, a semitrailer or other facility. Every type 2 storage magazine shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant and well ventilated.

(2) Doors. The doors of type 2 storage magazines shall be constructed of one-quarter inch plate steel lined with two inches of hardwood and shall have hinges and hasps attached by welding, riveting or bolting with the nuts located on the inside of the doors. Such hinges and hasps shall be so installed that they cannot be removed when the doors are closed and locked.

(3) Locks. Each door of every type 2 storage magazine shall be equipped with either two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of a mortise lock and a padlock; or with a mortise lock that requires two keys to open; or with a three-point lock. Each padlock shall have a case-hardened shackle and at least five tumblers and shall be protected with a cap constructed of at least No. 14 gage steel so as to prevent sawing or levering action on the lock or hasp.

(4) Indoor storage magazines. No indoor storage magazine for the storage of high explosives shall be located in a residence or dwelling. When located in a warehouse, wholesale or retail establishment, such storage magazines shall be provided with substantial wheels or casters to facilitate removal therefrom. No more than two indoor storage magazines shall be kept in any one building providing one such magazine is used only for the storage of blasting caps, squibs or similar items while the other magazine is used for the storage of high explosives. Each storage magazine shall be located on the floor nearest the ground level and within 10 feet of an outside exit. Any two such storage magazines located within one building shall be separated by a distance of not less than 10 feet. No such indoor storage magazine shall contain a quantity of high explosives in excess of 50 pounds or in excess of 5,000 blasting caps. Such storage magazines shall be of wood or metal construction, as follows:

(i) Wood construction. Wood indoor storage magazines shall have sides, bottoms and covers or doors constructed of hardwood at least two inches in thickness and shall be well braced at the corners. Such hardwood storage magazines shall be covered with sheet metal of not less than No. 20 gage. No nails shall be exposed to the interior of such magazines.

(ii) Metal construction. Metal indoor storage magazines shall have sides, bottoms and covers or doors constructed of No. 12 gage metal and shall provide protection of the explosive materials from contact with steel or other ferrous metals. The edges of metal covers shall overlap the sides of the magazines by at least one inch.

(5) Outdoor storage magazines. Outdoor type 2 storage magazines shall be supported in such a manner as to prevent their direct contact with the ground. Such magazines less than one cubic yard in size shall be securely fastened to a fixed object. The sides, tops and covers or doors shall be constructed of metal lined with at least four inches of hardwood or equivalent bullet-resistant material. The floors of such magazines shall be covered with any suitable material except steel or other ferrous metals. Such magazines with top openings shall be provided with lids which overlap the sides by at least one inch when in the closed position. The ground around any such storage magazine shall slope away for drainage.

(6) Vehicular storage magazines.

(i) Walls. The walls of vehicular type 2 storage magazines shall be constructed of not less than No. 20 gage metal. Such walls shall be lined on the inside with brick, solid cement blocks or hardwood not less than four inches in thickness or shall have a six-inch space filled with coarse dry sand and an interior wall. Interior walls shall be installed in such magazines to prevent containers of explosive materials from coming into contact with masonry, steel or other ferrous metals.

(ii) Roofs. The roofs of vehicular type 2 storage magazines shall be constructed of not less than No. 20 gage metal. When required to be bullet-resistant, such roofs shall be protected with not less than four inches of coarse dry sand or hardwood not less than four inches in thickness.

(iii) Doors. The doors of such vehicular storage magazines shall be constructed of metal lined with hardwood not less than four inches in thickness.

(iv) Floors. The floors of such magazines shall be constructed of, or covered with, any suitable flooring material except steel or other ferrous metals and shall be strong enough to bear the weight of the maximum quantity to be stored.

(v) Ventilation. Such magazines shall be adequately ventilated with offset openings to prevent dampness and heating of stored explosive materials.

(vi) Locks, hasps and hinges. Every door or opening of any vehicular type 2 storage magazine shall be locked with a steel case-hardened padlock which has at least five tumblers and at least a seven-sixteenths inch diameter shackle. Such padlocks need not be protected by steel caps. The hinges and hasps of such magazines shall be securely fastened to the magazines and all locking hardware shall be secured rigidly and directly to the door frames.

(vii) Unattended vehicles. When unattended, vehicular storage magazines shall have wheels removed or shall be otherwise effectively immobilized by kingpin locking devices or other methods acceptable to the commissioner.

(7) Cap boxes. Storage magazines for blasting caps in quantities exceeding 100 shall be constructed in accordance with the requirements for type 2 indoor storage magazines in paragraph (4) of this subdivision. Storage magazines for blasting caps in quantities of 100 or less shall have the sides, bottoms and covers constructed of No. 12 gage metal. Protection shall be provided to prevent explosive materials from contacting steel or any other ferrous metals. Hinges and hasps shall be attached to such magazines by welding. A single five-tumbler proof lock shall be sufficient for locking purposes.

(e) Construction of type 3 storage magazines. A type 3 storage magazine shall be a "day box" or other portable magazine. Type 3 storage magazines shall be constructed in the same manner prescribed for type 2 outdoor storage magazines in paragraph (5) of subdivision (d) of this section, except that such magazines may be less than one cubic yard in size. Such magazines shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant and well ventilated. The ground around such storage magazines shall slope away for drainage. No explosive materials contained in such magazines shall be left unattended. The explosive materials contained therein shall be removed to type 1 or type 2 storage magazines for unattended storage. Each such storage magazine shall be locked with a steel case-hardened padlock having at least five tumblers and at least a seven-sixteenths inch diameter shackle. The hinges and hasps shall be securely fastened to the magazines in such manner that they cannot be removed when the magazines are closed and locked.

(f) Construction of type 4 storage magazines. A type 4 storage magazine may be a building, an igloo, an army-type structure, a tunnel, a dugout, a box, a trailer or semitrailer or other mobile magazine. Such magazines shall be fire-resistant, weather-resistant and theft-resistant.

(1) General. Type 4 storage magazines shall be constructed of masonry, metal-covered wood, fabricated metal or a combination of these materials. Protection shall be provided in the interior of such magazines to prevent explosive materials from contacting steel or other ferrous metals.

(2) Doors. The doors of type 4 storage magazines shall be constructed of plate steel at least one-quarter inch thick and lined with hardwood at least two inches thick. Hinges and hasps shall be attached to such doors by welding, riveting or bolting with nuts located on the inside of the doors. The hinges and hasps shall be so installed that they cannot be removed when the doors are closed and locked.

(3) Locks. Each door of such storage magazine shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of mortise lock and padlock; or with a mortise lock that requires two keys to open; or with a three-point lock. Locks shall be five-tumbler proof and all padlocks shall be protected with one-quarter inch steel caps constructed so as to prevent sawing or levering action on the locks or hasps.

(4) Outdoor storage magazines. The ground around such storage magazines shall slope away for drainage. When unattended, vehicular type 4 storage magazines shall have wheels removed or shall be otherwise effectively immobilized by kingpin locking devices or other methods acceptable to the commissioner.

(5) Indoor storage magazines. No indoor magazine for the storage of low explosives shall be located in a residence or dwelling except as provided in this Part (rule) for the storage of five pounds or less of black powder or of not more than 15 pounds of smokeless powder. When located in warehouses, wholesale or retail establishments, such storage magazines shall be provided with substantial wheels or casters to facilitate removal therefrom. No more than one indoor storage magazine shall be kept in any one building. Each such indoor storage magazine shall be located on the floor nearest the ground level and within 10 feet of an outside exit. No indoor storage magazine shall contain a quantity of low explosives in excess of 50 pounds.

(g) Construction of type 5 storage magazines. A type 5 storage magazine may be a building, an igloo, an army-type structure, a tunnel, a dugout, a bin, a box, a trailer, a semitrailer or other mobile magazine. Type 5 magazines shall be theft-resistant. Type 5 storage magazines shall be of substantial construction with doors or covers of solid wood or metal.

(1) Locks. Except for vehicular storage magazines, each door of a type 5 storage magazine shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of mortise lock and a padlock; or with a mortise lock that requires two keys to open; or with a three-point lock. Padlocks shall have case-hardened shackles of at least five tumblers and shall be protected with caps constructed of at least No. 15 gage steel to prevent any sawing or levering action on the locks or hasps.

(2) Indoor storage magazines. No indoor type 5 storage magazine used for the storage of blasting agents shall be located in a residence or dwelling.

(3) Outdoor storage magazines. The ground around type 5 outdoor storage magazines shall slope away for drainage.

(4) Vehicular storage magazines. Every type 5 vehicular storage magazine shall be locked with case-hardened steel padlocks having at least five tumblers and at least seven-sixteenths inch diameter shackles. One such padlock shall be provided for each door or opening and such padlocks need not be protected with caps. Hinges and hasps shall be securely fastened and all locking hardware shall be secured rigidly and directly to the door or opening frame. When unattended, such vehicular storage magazines shall have their wheels removed or shall otherwise be effectively immobilized by kingpin locking devices or other methods acceptable to the commissioner.

(h) Repair of storage magazines. Prior to the interior repair of any storage magazine, all explosive materials stored therein shall be removed and the interior shall be cleaned. Prior to the exterior repair of any storage magazine, all explosive materials shall be removed therefrom if there exists any possibility that such exterior repairs may produce sparks or flame. Any explosive materials removed from a storage magazine that is to be repaired shall either be placed in other magazines appropriate for the storage of such explosive materials under this section or shall be placed in a safe location at a safe distance from the magazine under repair where such explosives shall be properly guarded and protected until the repairs have been completed.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 39.8