Current through Register Vol. 54, No.43, October 26, 2024
Section 211.115 - Standards for classifying and storing explosives and constructing, maintaining and siting magazines(a) The provisions of 27 CFR Part 555 , Subpart K (relating to storage), are incorporated herein by reference. If any provision of 27 CFR Part 555 , Subpart K addresses an issue addressed in this section, the more stringent provision applies. These provisions shall be used to: (2) Determine which class of explosives may be stored in each type of magazine.(3) Determine the quantity of explosives that may be stored.(4) Determine the applicable construction standards for each type of magazine.(6) Specify maintenance and housekeeping standards for a magazine.(b) For purposes of incorporation by reference of 27 CFR Part 555 , Subpart K, the term "Department" is substituted for the term "director" and the term "representatives of the Department" is substituted for the term "ATF Official."(c) Indoor magazines shall be located in buildings which are in compliance with all applicable building codes and other applicable regulations(d) Persons storing only display fireworks in Type 4 magazines as defined in 27 CFR 555.203(d) (relating to types of magazines) are exempt from this subsection except for paragraphs (8) and (9). Type 3 magazines as defined in 27 CFR 555.203(c), are exempt from this subsection. The following security measures apply to outdoor magazines and to indoor magazines located in buildings that are not intrusion-resistant and theft-resistant: (1) Each magazine site shall be inspected by the licensee or his agent at least daily at approximately 24-hour intervals. If all magazines and outer perimeter security gates at the site are equipped with electronic intrusion detection devices conforming with paragraphs (3)(ii) or (iii), and (4)(ii) or (iii), or otherwise approved, in writing, by the Department, the inspection shall be conducted at least every 7 days. Individual magazines or entire magazine sites which do not contain explosives are not required to be inspected provided the inspection records reflect the date the last explosives were removed from the magazine. Each inspection shall include the magazine itself, the access points and perimeter security. The inspection can be performed by a person or electronically by remote cameras. A record of the inspections shall be kept and made available to the Department. Records shall be maintained for at least 3 years. The record of each inspection shall include:(i) The names of the persons who inspected the site.(ii) The date and time each inspection began and ended.(iii) Any information related to the integrity of the magazine site.(iv) Actions taken on problems discovered.(v) The dates on which no inspections were conducted because no explosives were contained in the magazine.(2) There may be no more than one access point to each magazine site. The Department may approve, in writing, more than one access point to a magazine site if the Department determines that the security of the site will be maintained.(3) Each magazine must have outer perimeter security that obstructs, to the greatest extent possible, unauthorized access to the magazine by wheeled vehicles. The outer perimeter security must surround the entire magazine site and be located at least 25 feet away from the exterior of any magazine within the site or at least 25 feet away from the inner perimeter security measures, whichever is applicable. The Department may approve, in writing, a lesser distance upon request when the Department determines a lesser distance is appropriate and will not compromise the security of the magazine site. The outer perimeter security requirements can be met by measures approved by the Department as provided for in subsection (g) or by one or a combination of the following: (i) A sufficient number of personnel assigned to physically inspect each magazine containing explosives or detonators at least once every hour. All persons acting in this capacity shall at all times be equipped with a communications device capable of providing direct verbal communications with either the police department having jurisdiction or another person who has the ability to contact the police department having jurisdiction.(ii) Closed Circuit Television (CCTV) continuously monitoring the entire outer perimeter, or any portion of the outer perimeter that is not protected by another measure. (A) The images shall be recorded and maintained at least until magazine integrity is confirmed during the next required site inspection.(B) The latest output images of all CCTV cameras shall be viewed at least once every hour by a person having direct verbal communications with the police department having jurisdiction.(iii) Electronic intrusion detection devices including, but not limited to: microwave sensors, seismic detectors, vehicle detectors, alarms or infrared motion detectors. (A) If microwave sensors, seismic sensors, vehicle detectors or similar devices are used, the zone of detection of the devices shall encompass the entire outer perimeter, or any portion of the outer perimeter that is not protected by another measure.(B) All systems shall have the capability of providing initial notification of an alert within 15 minutes of an event and an onsite presence in response to an alert within 1 hour.(C) All systems shall have a backup power supply, and provide an alert in the event of a power loss or a compromise of the system integrity.(iv) An earthen barrier, a minimum of 7 feet in height. Earthen barriers shall be constructed to obstruct, to the greatest extent possible, unauthorized access by wheeled vehicles. If made of loose soils the earthen barrier shall be compacted and vegetated to the greatest extent possible.(v) A barrier constructed of boulders. The boulders shall be of a size and weight sufficient to deter, to the greatest extent possible, defeat of the barrier by wheeled vehicles.(vi) A highwall that is a minimum of 7 feet in height and whose face or slopes are sufficient to obstruct, to the greatest extent possible, unauthorized access to the magazine site by wheeled vehicles.(vii) Barriers composed of natural terrain features which are impassable, to the greatest extent possible, to wheeled vehicles.(viii) A fencing system constructed of members that are of sufficient size, strength and anchorage to deter, to the greatest extent possible, the fencing system from being bent over, broken through or uprooted by a wheeled vehicle.(ix) Other equivalent barriers approved by the Department, in writing.(4) In addition to the requirements contained in paragraph (3), a magazine or group of magazines within a site that contains high explosives or detonators shall be enclosed by inner perimeter security designed to obstruct, to the greatest extent possible, access by unauthorized persons. The additional inner perimeter security shall be located at least 6 feet away from the exterior of any magazine within the site and at least 25 feet inside and away from the outer perimeter security. The inner perimeter security requirement can be met by measures approved by the Department as provided for in subsection (g) or by one or a combination of the following: (i) A sufficient number of personnel assigned to physically inspect each magazine containing high explosives or detonators at least once every hour. All persons acting in this capacity shall at all times be equipped with a communications device capable of providing direct verbal communications with either the police department having jurisdiction or another person who has the ability to contact the police department having jurisdiction.(ii) CCTV continuously monitoring the magazine interior or the exterior of the doors of each magazine containing high explosives or detonators. (A) The images shall be recorded and maintained at least until magazine integrity is confirmed during the next required site inspection.(B) The latest output images of all CCTV cameras shall be viewed at least once every hour by a person having direct verbal communications with the police department having jurisdiction.(iii) Electronic intrusion detection devices including, but not limited to: microwave sensors, seismic detectors, alarms or infrared motion detectors.(A) If alarms, infrared motion detectors or other similar devices are used, they shall be installed on each magazine containing high explosives or detonators. Alarms shall be installed on all magazine doors. Infrared motion detectors and other similar devices shall be installed on the interior of each magazine.(B) If microwave sensors, seismic sensors or similar devices are used, the zone of detection of the devices shall encompass the entire inner perimeter, or any portion of the inner perimeter that is not protected by another measure.(C) All systems shall have the capability of providing initial notification of an alert within 15 minutes of an event and an onsite presence in response to an alert within 1 hour.(D) All systems shall have a backup power supply, and shall provide an alert in the event of a power loss or a compromise of the system integrity.(iv) A highwall that is a minimum of 20 feet in height and whose face or slopes are sufficient to obstruct, to the greatest extent possible, access by unauthorized persons.(v) A fence constructed of a minimum of 9 gauge chain link fencing with a maximum 2-inch mesh that is kept in a condition which maintains its original functionality. The fence shall: (A) Be buried at least 1 foot at the base or be equipped with a minimum 1.66 inch outside diameter bottom rail.(B) Have a minimum height of 8 feet above the ground.(C) Have a top rail with a minimum 1.66 inch outside diameter.(D) Have firmly anchored posts 10 feet or less on center. End, corner and pull posts shall have a minimum outside diameter of 2.875 inches if round or 2.5-inch square. Intermediate posts shall have a minimum outside diameter of 2.375 inches if round or 2.25-inch C-Section. Posts shall be set in concrete at a minimum depth of 33 inches. The post holes shall be a minimum of 12 inches in diameter and be completely filled with concrete.(E) Have outriggers at the top with concertina razor wire attached.(F) Have concertina razor wire attached on the inside at the bottom.(G) Have as many gates as the licensee demonstrates are necessary to provide for the safe exit of employees in the event of an emergency.(H) All inner perimeter security emergency exit gates shall meet the requirements specified in paragraph (6).(I) Vegetation shall be kept trimmed or suppressed to a distance of 6 feet from each side of the fence.(vi) The Department may approve, in writing, the use of other security fence systems or other barriers that provide at least equivalent security.(5) In addition to outer perimeter security, all portable magazines being used as stationary magazines and magazines having an a volume of less than 3 cubic yards shall be immobilized by fastening the magazine securely to the earth or a terrain feature in a manner sufficient to prevent displacement of the magazine by a wheeled vehicle.(6) Any single layer of perimeter security measures that obstructs, to the greatest extent possible, unauthorized access to the magazine by wheeled vehicles and deters, to the greatest extent possible, access by unauthorized persons, and is located at least 25 feet away from the exterior of any magazine within the site may be employed to satisfy the requirements of both paragraphs (3) and (4).(7) Inner perimeter security gates shall be constructed at all access points. Gates shall have firmly anchored posts and shall be kept in a condition which maintains their original functionality. Each gate shall be securely padlocked whenever the site is unoccupied. (i) Gates shall be constructed of a minimum of 9 gauge chain link fencing with a maximum 2-inch mesh. Gate frame members shall be a minimum outside diameter of 1.9 inches if round or 2.0-inch if square.(ii) Gates shall have firmly anchored gate posts with a minimum 6.625-inch outside diameter. Posts shall be set in concrete at a minimum depth of 42 inches. The postholes shall be a minimum of 16 inches in diameter and shall be completely filled with concrete.(iii) Gates shall have outriggers at the top with concertina razor wire attached.(iv) The construction of the gates shall be contiguous with the surrounding fence.(v) All gates shall have 2 locks. The locks shall have separate hasps and staples.(vi) Each lock shall have a hood of at least 1/4-inch thick steel. The hoods must prevent sawing or lever-cutting action on the locks, hasps, and staples.(vii) Each lock shall have at least five tumblers and a case-hardened shackle of at least 3/8 inches in diameter.(viii) When a lock and chain are used to secure a gate, the minimum specification of the chain shall be 3/8 inch Grade 70, Transport.(ix) The Department may approve, in writing, the use of other security gate systems that provide at least equivalent security.(8) Outer perimeter security gates shall be constructed at all access points. Gates shall be designed and constructed to deter, to the greatest extent possible, defeat of the gate by wheeled vehicles. Gates shall have firmly anchored posts and be kept in a condition which maintains their original functionality. Gateposts shall be a minimum 6.625-inch outside diameter. Posts shall be set in concrete at a minimum depth of 42 inches. The postholes shall be a minimum of 16 inches in diameter and be completely filled with concrete. The Department may approve, in writing, the use of gateposts having smaller diameters or other shapes or alternate gatepost anchoring methods, or both, that provide at least equivalent security.(9) Outer perimeter security gates shall be padlocked whenever the site is unoccupied. All gates shall have 2 locks which meet the specifications of paragraph (7)(vi)-(viii).(10) "No Trespassing" signs shall be placed around the outer perimeter of the site. Warning signs shall be placed at all access points. Signs shall be well maintained.(i) "No Trespassing" signs shall be spaced so that, except for corners, adjacent signs are visible.(ii) Signs shall be placed so that a bullet passing directly through the sign will not impact a magazine.(iii) Warning signs at all access points shall provide notice of private property and no trespassing, in addition to providing a notice substantially conforming to the following: "Danger, never fight explosives fires, explosives are stored on this site" to warn first responders and the public of the hazards contained within.(iv) Warning signs at all access points shall provide an emergency contact phone number.(v) Signs may not be obscured by vegetation or other obstructions.(vi) Signs shall be constructed of a durable, weather-resistant material. Letters and numbers shall be of a minimum height of 2 inches that can be easily seen and read.(11) Magazines shall be constructed to the standards contained in this paragraph. Magazines shall be constructed according to the construction standards found in 27 CFR Part 555 , Subpart K (relating to storage) with the following additions: (i) Mobile type 5 magazines being used as stationary magazines for more than 1 year must be located within the outer perimeter security, shall be immobilized in accordance with 27 CFR 555.211 (relating to construction of type 5 magazines) and be fastened securely to the earth or a terrain feature in a manner sufficient to prevent movement of the magazine by a motor vehicle. Motor vehicles used to transport bulk blasting agents that are left unattended at a magazine site must have two Department approved methods of disabling the vehicles to render them effectively immobilized and the vehicles must be kept within the outer perimeter security. Disabling methods may include: (A) Steering locking devices(B) Pedal locking devices(C) Fuel or electrical system disablers.(D) Other equivalent disabling measures approved by the Department.(ii) Systems of pumps or tanks, or both, used to store, mix or dispense bulk blasting agents at magazine sites shall be equipped with locks or shall otherwise be constructed to prevent the unauthorized removal of blasting agents from the system.(12) A person who stores explosive materials shall notify both the local police having jurisdiction in the area where the explosives are being stored and the Pennsylvania State Police of the storage. This notification must be made in the manner of and in addition to the notification requirements in 27 CFR 555.201(f) (relating to general).(13) A person who stores explosive materials shall immediately notify the Department, the Pennsylvania State Police and the local police jurisdiction, if any, when any of the following occur: (i) Evidence is discovered of a break-in or theft at the magazine, or an attempted theft or break-in has occurred.(ii) The security measures required by this section have been breached or disabled or partially breached or disabled. Short-term partial breaches of security of less than 48-hour duration need not be reported under this subsection if all of the following apply: (A) The partial breach was due to equipment failure or accidental or natural causes.(B) An account of the partial breach was recorded under paragraph (1).(C) Immediate measures are being taken to repair or replace the partial breach.(iii) Unauthorized persons exhibiting suspicious behavior are observed in the vicinity of the magazine.(iv) Inventory records indicate that explosive material is missing and unaccounted for.(14) The notifications to State and local agencies required in paragraphs (12) and (13) are in addition to any notification required by agencies of the United States.(e) Licensees of magazines licensed prior to June 18, 2005, shall comply with this section according to the following schedule except as approved by the Department under subsections (f) and (g): (1) Immediately upon June 18, 2005, the inspection and notification requirements shall be implemented.(2) Within 180 days of approval of the plan required by subsections (f) or (g), implement either the outer or inner perimeter security measure requirements.(3) Within 360 days of approval of the plan required by subsections (f) or (g), implement the remaining perimeter security measure requirements.(4) The Department, at its sole discretion, may approve, in writing, a time extension to the requirements of either paragraph (2) or (3) if the licensee has demonstrated a good faith effort to comply with the perimeter security measure requirements imposed under this chapter.(f) By August 17, 2005, licensees of magazines licensed prior to June 18, 2005, shall submit to the Department on forms provided by the Department:(1) The plan required by § 211.113(b)(6) (relating to application contents).(2) A schedule for the implementation of the plan required by § 211.113(b)(6).(3) If the security enhancements required by subsection (d) cannot be implemented in the time frames required by subsection (e), the plan must include a request for a time extension. The request for a time extension must include a schedule and a justification for the extension. The Department will act upon time extension requests within 30 days of the receipt of the request.(g) After consultation with the Pennsylvania State Police and the Pennsylvania Office of Homeland Security, the Department may approve, in writing, alternatives to specific requirements of this section which are based upon advanced technology or other alternatives and which, either alone or in combination with other measures, provide at least equivalent security at magazines or magazine sites. The Department will act upon requests for approval of alternative security measures or, upon the written request of the licensee, for approval of plans submitted pursuant to subsection (f) within 30 days of the receipt of the request. The Department may extend this review period for up to an additional 30 days if additional time is necessary to properly review the request.(h) Requests for Department approval of plans submitted under subsection (f) or alternate requirements, including alternative security measures and time extensions under this section, shall be on forms provided by the Department.(i) A licensee will be deemed to be in compliance with this section as to having deterred or obstructed, to the greatest extent possible, unauthorized intrusion upon a magazine site if the licensee constructs, installs, implements and maintains the security measures specified in subsection (d) which meet the requirements of this section and which are specified by the licensee in one of the following: (1) A plan submitted to the Department under subsection (f).(2) A plan submitted to and approved by the Department under subsection (g).(3) A plan submitted to the Department under § 211.113(b)(6).(j) All magazine licensees shall ensure that a person is available at all times to respond to emergencies and to provide the Department access to the licensed magazines for the purpose of determining regulatory compliance. Department access to the magazines shall be granted within 4 hours of a Department request or within a time frame agreed upon by the Department representative and the magazine licensee. Department requests may be verbal or written.The provisions of this §211.115 amended June 17, 2005, effective 6/18/2005, 35 Pa.B. 3409; amended June 22, 2018, effective 6/23/2018, 48 Pa.B. 3711.The provisions of this §211.115 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. §§ 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. §§ 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
This section cited in 25 Pa. Code § 211.113 (relating to application contents).