28-001 Code Vt. R. 28-040-001-X

Current through August, 2024

Section 28 040 001 - EXPLOSIVES AND FIREWORKS

DEFINITIONS

Section 1 Appeals

For the purpose of these rules and regulations, the following terms shall have the meanings respectively assigned to them:

(a) "Detonators" -- any device for the purpose of initiating an explosive charge; and shall include blasting caps, blasting caps with safety fuse, and electric blasting caps.

(b) "Primers," "Percussion fuses," "Combination fuses," and "Timefuses" -- devices used to ignite powder charges of ammunition or the bursting charges of projectiles.

(c) "Blank cartridges" -- any cartridge or shell for use in a pistol, rifle or shotgun, not loaded with ball, shot or bullet.

(d) "Explosive bombs" -- metal containers filled with explosives and provided with a detonating device.

(e) "Detonating fuse" -- a fuse containing high explosives of sufficient strength to detonate other high explosives by contact by lying alongside for the purpose of exploding the entire charge almost instantaneously through its whole length.

(f) "Boosters" -- a casing containing several ounces of a high explosive used to increase the intensity of explosion of the detonator of a detonating fuse.

(g) "Fuse lighters" and "Fuse igniters" -- special devices designed for the purpose of igniting safety fuse.

(h) "Blasting cap" -- means a thin metal shell closed at one end and containing a detonating charge that is ignited by the flame from safety fuse. It is used for detonating explosives.

(i) "Electric blasting cap" -- means a thin metal shell closed at both ends containing a detonating charge designed to be ignited by an electric current passed through the two insulated let wires that project through the seal of the shell.

(j) "Delay electric blasting cap" -- means an electric blasting cap with a delay timing element interposed between the ignition element and the detonating charge.

(k) "Electric squib" -- means a small tube containing an ignition charge and an electrical ignition element used to fire black powder charges.

(l) "Tracer fuse" -- devices attached to projectiles and containing a slow-burning composition.

(m) "Explosives" -- means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture or device is otherwise specifically classified by the Interstate Commerce Commission.

(n) "Exploives manufacturing building" -- means any building or other structure (except magazines) 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.

(o) "Magazine" -- means any building or structure used for the permanent storage of explosives.

(p) "Inhabited building" -- means a building regularly occupied in whole or in part as a habitation for human beings, or by any church, schoolhouse, railway station, store, or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives.

(q) "Railway" -- means any steam, electric, or other railroad or railway which carries passengers for hire.

(r)"Highway" -- means any public street or public road.

(s) "Barricaded" -- means that a building containing explosives is effectually screened from a magazine, inhabited buildings, 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 side wall of the building containing explosives to the eave line of any magazine, or inhabited building, or to a point twelve feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.

(t) "Natural barricade" -- means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves.

(u) "Artificial barricade" -- means an artificial mound or revetted wall of earth of a minimum thickness of three feet.

(v) "Person" -- means any natural person, partnership, firm, association, or corporation.

(w) "Marshal" -- the State Fire Marshal or his authorized representative.

(x) "Approved" -- approved by the Marshal.

Words used in the singular number shall include the pural [plural], and the plural the singular.

Section 2 Appeals

In these regulations explosives are classed as follows: Class A (dangerous explosives); Class B (flammable hazard); Class C (minimum hazard).

CLASS A EXPLOSIVES (dangerous explosives) shall include:

Ammunition for cannon

Ammunition for cannon with projectiles

Explosive projectiles

Grenades

Explosive bombs

Explosive mines

Explosive torpedoes

Rocket ammunition

Ammunition for small arms with explosive bullets or explosive projectiles

Chemical ammunition

Chemical ammunition, explosive

Boosters

Jet Thrust units (JATO), Class A

Black powder and low explosives

Detonating primers

Detonating fuses, boosters, or other detonating fuse parts containing an explosive

Blasting caps and electric blasting caps	) In quantity exceed-
Blasting caps with safety fuse	) ing 1,000 caps in
Dynamite	) the aggregate
T.N.T. (Trinitrotoluene)
Fulminate of mercury

Or -- any other substance highly susceptible to detonation or otherwise of a maximum hazard.

All explosives classified as Class A in the Interstate Commerce Commission Regulations for transportation of Explosives and Supplements thereto. (Also see these same Interstate Commerce Commission Regulations for specific qualification of the abovenamed [above-name] kinds of explosives).

CLASS B EXPLOSIVES (flammable hazard) shall include:

Ammunition for cannon with empty projectiles, inert loaded projectiles or shell

Rocket ammunition

Jet thrust units (JATO), Class B

Smokeless powders for cannon or small arms

Or -- any other substance otherwise susceptible to detonation.

All explosives classified as Class B in the Interstate Commerce Commission Regulations for Transportation of Explosives and Supplements thereto. (Also see these Interstate Commerce Commission Regulations for specific qualification of the above-named kinds of explosives).

CLASS C EXPLOSIVES (minimum hazard) shall include:

Blank cartridges

Explosive cable cutters

Blasting caps and electric blasting caps, not exceeding 1,000 caps

Detonating fuse

Percussion, tracer, combination, time fuses and tracers

Cartridge bags, empty, with black powder igniters

Igniters

Electric squibs

Delay igniters or fuse lighters

Primers

Percussion caps

Empty grenades, primed

Explosive rivets

All explosives classified as Class C in the Interstate Commerce Commission Regulations for Transportation of Explosives and Supplements thereto.

Section 3 Appeals

No person shall keep, store, manufacture, use transport or handle explosives except in accordance with these rules and regulations and the provisions of Section 8590, Vermont Statutes, Revision of 1947.

Section 4 Appeals

Nothing contained in these regulations shall apply to the regular Military or Naval forces or Coast Guard of the United States, or any federal agency, or the duly authorized militia of this State, nor to the police or fire departments of this State, provided they are acting within their official capacity and in the proper performance of their duties.

Section 5 Appeals

All persons manufacturing, selling, distributing, storing and transporting Class A and B explosives must keep accurate accounts of such explosives. Accounts of manufacturers, distributors and dealers of inventories and sales must include invoices of sales tickets that are distributed to the purchaser and bear the name of the manufacturer, distributor or dealer and the user, and also the purchaser's name and address, date of sale, quantity sold. These records shall be retained so as to be made available to the Marshal upon request.

MANUFACTURE OF EXPLOSIVES

Section 6 Appeals

The entire occupied portion of the premises of an explosives manufacturing plant shall be enclosed by a suitable fence to enable the management to have control of all persons entering such premises, and any plant in which wet fulminate is stored or dried shall be likewise enclosed within a separate enclosure, the entrance to which shall be kept locked. There shall be sufficient number of notices conspicuously posted on the outside of these enclosures warning of the business conducted therein.

Section 7 Appeals

The floor of any room in which fulminate is stored or used shall be covered with rubber matting, and only such an amount of fulminate as is required for immediate use shall be kept on hand, The wearing of shoes with metal nails within such rooms is prohibited.

Section 8 Appeals

No naphtha, bitumen, sulphur, charcoal or any organic substance shall be stored in close proximity to any chlorate or perchlorate.

Section 9 Appeals

Persons under the age of eighteen (18) years shall not be employed in an explosive manufactory, and shall not be permitted to enter such manufactory unless accompanied at all times by some responsible adult person.

Section 10 Appeals

Smoking shall be prohibited upon the premises of explosives manufactories, except that smoking may be permitted in such places as may be especially designated therefor. Signs bearing the words "NO SMOKING" shall be conspicuously posted about the premises where smoking is prohibited. Carrying of matches or other flame producing devices upon the premises of explosives manufactories is prohibited except in receptacles especially provided and only when authorized by the person in charge of the manufactory.

Section 11 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

As Revised and Approved by The Institute of Makers of Explosives SEPTEMBER 30, 1955

EXPLOSIVES		DISTANCES IN FEET WHEN STORAGE IS BARRICADED
Pounds Over	Pounds Not Over	In-habited Buildings	Passenger Railways	Public Highways	Separation of Magazines
2	5	70	30	30	6
5	10	90	35	35	8
10	20	110	45	45	10
20	30	125	50	50	11
30	40	140	55	55	12
40	50	150	60	60	14
50	75	170	70	70	15
75	100	190	75	75	16
100	125	200	80	80	18
125	150	215	85	85	19
150	200	235	95	95	21
200	250	255	105	105	23
250	300	270	110	110	24
300	400	295	120	120	27
400	500	320	130	130	29
500	600	340	135	135	31
600	700	355	145	145	32
700	800	375	150	150	33
800	900	390	155	155	35
900	1,000	400	160	160	36
1,000	1,200	425	170	165	39
1,200	1,400	450	180	170	41
1,400	1,600	470	190	175	43
1,600	1,800	490	195	180	44
1,800	2,000	505	205	185	45
2,000	2,500	545	220	190	49
2,500	3,000	580	235	195	52
3,000	4,000	635	255	210	58
4,000	5,000	685	275	225	61
5,000	6,000	730	295	235	65
6,000	7,000	770	310	245	68
7,000	8,000	800	320	250	72
8,000	9,000	835	335	255	75
9,000	10,000	865	345	260	78
10,000	12,000	875	370	270	82
12,000	14,000	885	390	275	87
14,000	16,000	900	405	280	90
16,000	18,000	940	420	285	94
18,000	20,000	975	435	290	98
20,000	25,000	1,055	470	315	105
25,000	30,000	1,130	500	340	112
30,000	35,000	1,205	525	360	119
35,000	40,000	1,275	550	380	124
40,000	45,000	1,340	570	400	129
45,000	50,000	1,400	590	420	135
50,000	55,000	1,460	610	440	140
55,000	60,000	1,515	630	455	145
60,000	65,000	1,565	645	470	150
65,000	70,000	1,610	660	485	155
70,000	75,000	1,655	675	500	160
75,000	80,000	1,695	690	510	165
80,000	85,000	1,730	705	520	170
85,000	90,000	1,760	720	530	175
90,000	95,000	1,790	730	540	180
95,000	100,000	1,815	745	545	185
100,000	110,000	1,835	770	550	195
110,000	120,000	1,855	790	555	205
120,000	130,000	1,875	810	560	215
130,000	140,000	1,890	835	565	225
140,000	150,000	1,900	850	570	235
150,000	160,000	1,935	870	580	245
160,000	170,000	1,965	890	590	255
170,000	180,000	1,990	905	600	265
180,000	190,000	2,010	920	605	275
190,000	200,000	2,030	935	610	285
200,000	210,000	2,055	955	620	295
210,000	230,000	2,100	980	635	315
230,000	250,000	2,155	1,010	650	335
250,000	275,000	2,215	1,040	670	360
275,000	300,000	2,275	1,075	690	385

Section 12 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and in addition they should be separated from each other by not less than the distance shown for "Separation of Magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any two or more magazines are separated from each other by less than the specified "Separation of Magazines" distances, then such two or more magazines, as a group, must be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum distances specified from other magazines, inhabited buildings, railways, and highways.

Section 13 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Fulminate of mercury in bulk in an amount not exceeding fifteen hundred (1,500) pounds at any one time shall, except in a manufactory, be stored in a wet condition and shall contain not less than twenty-five per cent (25%) of water.

Section 14 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Guncotton, containing not less than twenty per cent (20%) of water, may be stored in an amount not exceeding two hundred fifty thousand (250,000) pounds at any one time in a building, provided such building is used exclusively for that purpose.

Section 15 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Soluble or negative cotton in dry form may be kept for sale in a wholesale drug or photographic supply store in an amount not exceeding six (6) pounds at any one time in packages containing not more than one ounce each, and may be kept for sale in a retail photographic supply store in an amount not exceeding two (2) pounds at any one time, in packages containing not more than one ounce each.

Section 16 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Liquid nitroglycerin shall not be stored, except in the form of the official United States Pharmacopoeia solution, and may be kept in a weak solution of not more than one per cent (1%) for medical use.

Section 17 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Nitroglycerin may be kept for medicinal use in the form of tablets, pills or granules in quanity [quantity] not exceeding five thousand (5,000) pieces at any one time, and containing not more than one twenty-fifth (1/25) of a grain each.

STORAGE OF EXPLOSIVES ON WATER

Section 18 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No person shall store any Class A or Class B explosives on the waters of the State of Vermont unless stored in accordance with the following requirements:

(a) Such explosives shall be stored in a magazine located on a boat or vessel used exclusively for the purpose, and such boat or vessel shall be securely moored or anchored, subject to the requirements of Section 12 of these rules and regulations.

(b) No detonators shall be kept or stored on a boat or vessel on which any Class A or Class B explosives are kept or stored, except in compliance with Section 12. The minimum distance for separation shall be twenty-five (25) feet between a magazine containing Class A or Class B explosives and a magazine containing detonators.

(c) No Class A explosives shall be delivered to a boat or vessel or removed therefrom during foggy weather.

(d) Red flags shall be conspicuously displayed at the bow and stern of all boats or vessels used for the storage of Class A or Class B explosives.

(e) The word "EXPLOSIVES" shall be painted conspicuously on each side of a boat or vessel used for storage of Class A or Class B explosives.

MAGAZINES

Section 19 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Magazines in which explosives may lawfully be kept stored shall be of four classes as follows:

(a) Permanent Magazine -- used for storage of Class A and Class B explosives, shall be contructed of brick, concrete, tile or cement blocks with openings filled with sand, iron, aluminum, wood covered with iron or aluminum, or iron or aluminum lined with 4 inches of brick, sand, wood or cement blocks, and there shall be no openings except for ventilation and entrance. Ventilation shall be by vents in foundation and roof, and floor to be left 2 inches clear of walls all around, except at door. All vent openings to be protected by 30-mesh non-corrosive metal screen. Foundations shall be contructed of concrete, concrete blocks, brick or stone. Magazines for storage of Class A explosives, except blasting and electric blasting caps, must be bullet, fire and weather resistant. Magazines for the storage of blasting caps, electric blasting caps and Class B and Class C explosives must be fire and weather resistant. Bullet resistant magazines shall have a door consisting of not less than three (3) thicknesses of 7/8 inch hardwood boards covered on the outside with a 3/8 inch steel plate or be lined with 4 inches of hard wood if steel plate is less than 3/8 inch. Doors shall be provided with a suitable lock to prevent unauthorized admittance. Interior of magazines shall be lined with a lattice lining to keep cases away from walls and allow air circulation, and shall have a wood floor blind-nailed.

(b) Temporary Magazine -- such as used on construction projects, shall be restricted to a maximum of six thousand (6,000) pounds storage of Class A or Class B explosives and shall meet the requirements specified for a permanent magazine, excepting that the foundation may be of other than concrete or masonry provided the magazine is securely fastened to the ground. Not more than three such magazines shall be in use at any one time on any construction project.

(c) All Class A and Class B explosives transported by vehicle with other construction equipment shall be carried in a compartment thereon used solely for that purpose and such compartment shall be securely fastened to the body of the vehicle and be constructed of tongued and grooved pine planking not less than one and one-half inches (1 1/2") in thickness, and blind-nailed or put together with screws so that no metal whatever shall be visible on the inside thereof. The said compartment shall be completely covered on the outside with No. 24 gauge galvanized sheet iron or steel securely fastened to the planking, shall have a suitable hasp and lock, and shall be kept locked at all times when such explosives are carried therein; provided, that in the transportation of explosives, such vehicle shall be used for that purpose only. Such vehicular magazine shall not be mounted in so-called dump-trucks. All approved vehicular magazines must be equipped with two 1-quart fire extinguishers suitable for extinguishment of electrical fires. Radio transmitters are prohibited on vehicles carrying vehicular magazines.

(d) Portable Magazine -- such as used on construction jobs, shall meet the same construction requirements set forth for vehicular magazines but are restricted to a maximum storage of one hundred (100) pounds and shall be securely locked to prevent unauthorized admittance. All explosives stored in portable magazines must be returned to a permanent or temporary magazine before sunset on each day of usage.

(e) No magazine shall be provided with artificial heat or light, except flashlight with dry cell batteries. The only exception to this rule may be made by the Marshall in writing.

(f) Upon the premises where magazines are located there shall be posted signs with the words "EXPLOSIVES -- KEEP OFF" legibly printed thereon in letters not less than six (6) inches high, and they shall be so placed that all approaches are adequately marked. They shall also be so located that a bullet passing directly through a sign will not strike any nearby magazine.

Section 20 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No detonators shall be stored in the same magazine with any other Class A or Class B explosives.

Section 21 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Each magazine shall at all times be under the control of a competent person.

Section 22 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

All magazines shall be kept in good repair, clean and free from rubbish and empty used packages shall be kept closed and securely locked at all times, and shall be used exclusively for the storage of explosives. Oldest stock shall be used first.

Section 23 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

The space within twenty-five (25) feet on all sides of a magazine shall be kept free from all dry vegetation or other inflammable materials.

Section 24 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Before any repairs or alterations are made to any part of the inside of a magazine, all explosives shall be removed therefrom, and the magazine shall be throughly cleaned.

Section 25 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

All tools or other implements used in or within ten (10) feet of a magazine shall be of wood, copper, brass or other similar material, or other non-sparking material.

Section 26 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Dynamite leaking to the extent that it is unsafe for use shall not be used, or continued in storage, and such dynamite shall be removed and destroyed. Any nitroglycerin on the floors or walls of a magazine resulting from leaky dynamite shall be so treated as to make the nitroglycerin nonexplosive.

Section 27 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No person under the age of eighteen (18) years shall be employed in or have access to any magazine.

TRANSPORTATION OF EXPLOSIVES

Section 28 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Nothing contained in these regulations shall apply to explosives while being transported by certified private carriers in motor vechicles, railroad cars or vessels in conformity with the regulations adopted by the Interstate Commerce Commission or the Coast Guard or Vermont Public Service Commission under the provisions of Sections 9413-9415 inclusive, of the Vermont Statutes, Revision of 1947.

Section 29 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

When any Class A or Class B explosives are transported over the public highways within this State, such explosives shall be packed and marked as required by Interstate Commerce Commission regulations.

Section 30 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No Class A or Class B explosives shall be carried or transported in any public conveyance through any street, tunnel, subway, right of way, or on an elevated structure.

Section 31 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

A vehicle used for the transportation of Class A or Class B explosives shall have a strong substantial body, spring-mounted on a strong running gear, and shall be suitable for the purpose.

Section 32 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

The operator of a vehicle carrying Class A or Class B explosives shall avoid, whenever possible, those streets on which there is a large number of persons, and he shall not leave such vehicle unattended except while actually making a delivery.

Section 33 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No vehicle containing Class A or Class B explosives shall be driven along any street, avenue or highway over which there is an elevated railway, except when necessary to reach the destination.

Section 34 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Vehicles containing Class A or Class B explosives in transit shall not be driven nearer then three hundred (300) feet of each other.

Section 35 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No vehicle while being used in the transportation of Class A or Class B explosives shall be operated over a grade crossing of a railroad operated by steam, electricity or other power, without coming to a full stop and the operator of said vehicle has determined that nothing is approaching on the tracks of such railroad.

Section 36 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Any vehicle used for the transportation of Class A or Class B explosives shall be marked with placards or lettering on the front, both sides and the rear with the word "EXPLOSIVES" in letters not less than six (6) inches high, or in lieu thereof, shall conspicuously display at the left front and rear of such vehicle red flags at least 18 inches by 36 inches with the word "DANGER" thereon in white letters not less than six (6) inches high.

Section 37 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No motor vehicle transporting any explosives may transport as part of its load any metal or other articles of material likely to damage such explosives or any packages in which it is contained, unless the different parts of such load be so segregated or secured in place, in or on the motor vehicle, and separated by bulkheads or other suitable means as to prevent such damage.

Section 38 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Owners of explosive vehicles shall employ only careful, capable and reliable persons to operate explosive vehicles who shall be familiar with all State laws and regulations, and with the local ordinances relating to the transportation of explosives. No vehicle carrying explosives shall be operated by any person under 21 years of age and no operator of such vehicle shall be permitted to operate more than twelve (12) hours in any one day.

Section 39 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Blasting caps and/or electric blasting caps may be transported in the same motor vehicle with other Class A or Class B explosives when the net weight of the other Class A or Class B explosive does not exceed five thousand (5,000) pounds, as follows: The blasting caps and electric blasting caps must be packed in authorized I.C.C. specification outside shipping containers, or in prescribed inside I.C.C. packages in an outside box made of one inch (1") lumber lined with suitable padding material not less than 1/2 inch thick, or a box made of not less than twelve (12) gauge non-sparking metal lined with plywood or other suitable material not less than 3/8 inch thick so that no metal is exposed inside. Hinged cover and fastening device are required on such boxes.

Section 40 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

In the loading or unloading of any explosive, care shall be taken in the handling of same and it shall be so placed or stowed as to prevent displacement during transit.

Section 41 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No Class A or Class B explosives shall be carried or transported on the waters of the State on any vessel which is carrying passengers.

Section 42 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Not more than thirty thousand (30,000) detonators, nor more than five thousand (5,000) pounds of other Class A explosives shall be transported at any one time on any of the waters of the State, and such explosives shall be transported in a magazine.

Section 43 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Any vessel containing Class A or Class B explosives in transit on any of the waters of the State shall have a red flag conspicuously displayed at the bow or stern thereof.

Section 44 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No smoking shall be allowed on any vehicle or vessel containing Class A or Class B explosives.

Section 45 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No Class A or Class B explosives shall be transported or delivered on State or National Holidays, Saturdays and Sundays, or between the hours of sunset of any day and sunrise of the following day, except in case of emergency and then only when authorized by the Marshal.

KEEPING FOR SALE OF EXPLOSIVES

Section 46 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Gunpowder not in excess of twenty-five (25) pounds, and in original packages may be kept for sale in a building, provided it is kept in casks, or in tin or copper canisters which shall be kept within a metal receptacle with metal handles and plainly marked "GUNPOWDER." Such receptacle shall be kept locked at all times except when necessary to gain access thereto, and shall be located on the first floor of the building and not more than ten (10) feet from an exit door.

Section 47 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

Detonators not in excess of five thousand (5,000), and in original packages, may be kept for sale in a building, provided they are kept in a metal receptacle to be lined with non-sparking material, with metal handles and plainly marked "DETONATORS." Such receptacles shall be kept locked at all times except when necessary to gain access thereto, and shall be located on the first floor of the building and not more than ten (10) feet from an exit door.

Section 48 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES

No gunpowder or detonators shall be kept for sale in a building any part of which is used as a dwelling, factory, school or place of public assembly, and shall not be kept in a building where crude petroleum, gasoline, naphtha, benzine, ether, fireworks, hay, cotton or hemp are kept or stored.

Section 48(a) EXPLOSIVES LICENSING

(1) The responsibility for explosives licensing, as required by Title 20, VSA, Section 3072, is assigned to and incorporated with the responsibility for motorboat and snowmobile registration within the Registration Section of the Administrative Services Division of the Department of Public Safety.

(2) Applications for explosives licenses may be obtained at any State Police Troop or Sub-troop office or by writing directly to the Department of Public Safety, Montpelier, Vermont. ATTENTION: Registration Section.

(3) Explosives licenses will be issued within 15 days of receipt of an application providing the requirements set forth in Title 20, VSA, Section 3072(b) (1) through (4) are satified and further providing that a favorable background investigation of the applicant is received by the department.

(4) A license may be issued to qualified individuals, corporations or other for a period not to exceed one year.

(5) Disapproval of an application must be made in writing to the applicant within 15 days of receipt of the application by the department should the individual, corporation or other fail to qualify for a license. The notification must state the reasons for denial.

(6) All explosives licenses will expire on the 31st day of DECEMBER of each year. The licensee must re-apply to the department in order to renew his license.

(7) The fee for Vermont residents is $ 2.00. The fee for nonresidents is $ 4.00. Fees are the same for renewal and will not be discounted or prorated if a license is issued for any period less than one year. Fees must accompany all applications.

(8) Explosives licenses are not transferable under any conditions.

Section 48(b) ADDITIONAL FORMS RELATING TO EXPLOSIVES CONTROL

(1) DPS FORM 132 -- Record of out of sale purchases. This form is required for every out of state purchase of explosives by a licensee. One copy of this form must be sent to the Commissioner, Department of Public Safety, Montpelier, Vermont, within 15 days of transportation of explosives into the state.

(2) DPS FORM 133 -- Record of Sale (of Explosives). This form must be maintained by all persons, corporations or other, engaged in the sale of explosives in the State of Vermont. Each vendor must keep each record of sale form on file for a period of 2 years from the date of entry on the form.

(3) DPS FORM 134 -- Report of Theft or Loss. Theft or loss of explosives must be reported to the Commissioner, Department of Public Safety within 24 hours of discovery of theft or loss. Forms are available from all State Police Troop and Sub-troop offices and the Department of Public Safety, Montpelier, Vermont.

BLASTING

Section 49 VIBRATION FROM BLASTING

(a) Allowable Limits. Allowable limits of vibration contained in this section are based, with a conservative factor of safety, upon extensive government, university, and engineering research which establishes the amount and character of vibration so as to prevent damage.

(b) Vibration Limits. Blasting shall be so conducted that vibrations adjacent to any structure not controlled by the blaster do not exceed the following amounts:

Frequency of Ground Vibration in Cycles per second	Maximum Amplitude of Ground Motion in Inches
Up to 10	0.0305
20	0.0153
30	0.0102
40	0.0076
50	0.0061
60	0.0051
70	0.0043
80	0.0038

(c) Energy Ratio. When ground transmission characteristics have been determined by instrumentation, using either an accelerograph or a seismograph, and in a manner satisfactory to the licensing authority, the allowable quantity-distance relations shall be determined from the formula:

Formula:	2	2
	(50/D)	CK = 3
where D = distance from blast area in feet
C = quantity of explosives detonated
instantaneously, in pounds
K = ground transmission constant

Section 50 VIBRATION FROM BLASTING

In blasting operations, no charge shall be used in any one blast which will result in injury to persons or property. When it is necessary to blast in close proximity to a building or other structure, light face blasts only, with short lines of resistance and small charges, shall be used. The blasting of rotten or decomposed rock is forbidden.

Section 51 VIBRATION FROM BLASTING

In the preparation of a blasting charge, care shall be taken to insure the detonation of the entire charge.

Section 52 VIBRATION FROM BLASTING

Cartridges for use in blasting shall be primed only as required for immediate use.

Section 53 VIBRATION FROM BLASTING

Frozen or partly frozen explosives shall not be placed or used in drill holes.

Section 54 VIBRATION FROM BLASTING

In the tamping of explosives charges, only wooden tamping sticks shall be used with no exposed metal parts except non-sparking metal connectors for jointed poles. Violent tamping shall be avoided and tamping of the primer cartridge is prohibited.

Section 55 VIBRATION FROM BLASTING

Before the firing of a blast at any location where the firing of such blast is liable to cause injury to persons or property, the material to be blasted shall be properly covered or protected to safeguard against such injury.

Section 56 VIBRATION FROM BLASTING

After a blast is fired, the operator or person in charge of the blasting shall make a thorough examination for the purpose of discovering any unexploded charge.

Section 57 VIBRATION FROM BLASTING

A blast shall not be fired until a positive signal has been given at least three minutes in advance of firing by the one in charge who has made certain that all surplus explosives are in a safe place and that all persons and vehicles are at a safe distance or under sufficient cover.

Section 58 VIBRATION FROM BLASTING

No person shall fire a blast in any surface blasting operation between the hours of sunset of any day and sunrise of the following day unless otherwise authorized by the Marshal or the official designated by him.

Section 59 VIBRATION FROM BLASTING

Portable magazines used in connection with blasting operations shall not be located near any fire or flame, or any flammable material, and shall be kept at a safe distance from the actual blasting operations. All such magazines, when containing explosives, shall be properly safeguarded against theft or tampering therewith.

Section 60 VIBRATION FROM BLASTING

The use of any equipment not specifically designed for the purpose of detonating electric blasting caps of any kind is prohibited.

Section 60(a) All detonators for use in connection with blasting operations on construction jobs shall be kept in a separate temporary magazine which shall contain not more than ten thousand (10,000) detonators.

Section 61 VIBRATION FROM BLASTING

No damaged leading or connecting wire shall be used in any blasting circuits.

Section 62 VIBRATION FROM BLASTING

Detonators shall be kept away from electric wires or cables which may be carrying current.

Section 63 VIBRATION FROM BLASTING

Fuse used in connection with blasting shall be of sufficient length to insure safety in retiring from the blast except that the use of less than two (2) feet is prohibited.

EXPLOSIVES

Section 64 VIBRATION FROM BLASTING

Whenever blasting operations are in progress in any area in which the use of short wave radio equipment is possible or probable the person responsible for or in charge of such blasting operations shall cause to be posted "Warning Signs." Such signs shall be located in a prominent position not less than five hundred (500) feet from the point of blasting and visible to any person approaching such point. Warning signs shall contain the words "Blasting Ahead"-- "Shut Off Radio Transmitters" written in letters not less than six (6") inches in height and with a one (1") inch stroke.

Section 65 VIBRATION FROM BLASTING

All blasting operations shall be conducted at no less distance from any fixed or mobile transmitter as indicated on the following tables:

Fixed Transmitter Power Output in Watts	Minimum Distance in Feet For Blasting Operations Using Electric Blasting Caps
5-25	100
25-50	150
50-100	220
100-250	350
250-500	450
500-1,000	650
1,000-2,500	1,000
2,500-5,000	1,500
5,000-10,000	2,200
10,000-25,000	3,500
25,000-50,000	5,000
50,000-100,000	7,000

Mobile Transmitter Power Output in Watts
10	5
30	10
60	15
250	30

When it can be demonstrated by means of tests approved by the explosives manufacturers that electric blasting may be carried out at lesser distances from the transmitter than required by the above tables, the Marshal may allow a safe reduction from the distances shown in said tables.

GENERAL PROVISIONS

Section 66 VIBRATION FROM BLASTING

Do not open packages of explosives or pack or repack explosives in a magazine or within fifty (50) feet of a magazine.

Section 67 VIBRATION FROM BLASTING

Non-sparking metal tools shall be used to open cases of explosives except that metallic slitters may be used for opening fibreboard [fiber-board] cases provided that the metallic slitter does not come in contact with the metallic fasteners of the case.

Section 68 VIBRATION FROM BLASTING

The loss by theft of any Class A or Class B explosives from a magazine shall be immediately reported to the Marshal and confirmed in writing.

Section 69 VIBRATION FROM BLASTING

No Class A, Class B or Class C explosive shall be sold or exposed for sale on any highway, street or public way.

Section 70 VIBRATION FROM BLASTING

No Class A, Class B or Class C explosive shall be sold to any minor under eighteen (18) years of age.

Section 71 VIBRATION FROM BLASTING

The Marshal may, in his discretion, at any time he deems is necessary for the public safety, require the removal of any explosive, or that a watchman be placed continuously in charge of it.

Section 72 VIBRATION FROM BLASTING

Any explosion, fire or collision occuring [occurring] in connection with the keeping, storage, manufacture, sale, transportation or use of explosives causing loss of life or injury to any person or damage to property shall be reported immediately to the Marshal, giving a detailed account of the same, and confirmed in writing.

PENALTY

/s/ Thomas M. Debevoise

Attorney General

Approved: August 18, 1961

/s/ F. Ray Keyser

Governor of Vermont

§ 3076. Penalties

Any person convicted of violating the rules or regulations adopted under this division or making a false statement in applying for a license under this division, shall be fined not more than $ 1,000.00 or imprisoned not more than five years, or both.--Added 1971, No. 107, § 10, eff. May 22, 1971.

RULES AND REGULATIONS OF THE STATE FIRE MARSHAL FOR THE PUBLIC DISPLAY OF FIREWORKS

Application for Permits

1. Application for permit to operate a public display of fireworks in conformance with the terms of No. 93 of the Acts of the 1953 General Assembly of the State of Vermont shall be made in writing to the chief of the fire department of the city, town or municipality in or near which the display is to be held. Or in towns where there is no fire department, application shall be made to the board of selectmen.

2. Such application shall set forth:

(a) The name of the organization sponsoring the display together with the names of persons actually in charge of the firing of the display.

(b) The date and time of day at which the display is to be held.

(c) The exact location planned for the display.

(d) A description setting forth the age, experience, and physical characteristics of the persons who are to do the actual discharging of the fireworks.

(e) The number and kinds of fireworks to be discharged.

(f) The manner and place of storage of such fireworks prior to the display.

(g) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstruction.

3. Upon receipt of such application at least fifteen (15) days in advance of the date set for the display, the chief of the fire department or the Board of selectmen, in case there is no fire department, shall make, or cause to be made, an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. They shall confer with the chief of the police department for the purpose of determining the competence of the actual operators of the display as set forth in the application. Being satisfied that the display is properly lawful, the chiefs of the police and fire departments, the board of selectmen of the town, as the case may be, shall issue a certificate of compliance signed by each, starting that they endorse the display as being in conformance with all parts of the law and with these regulations.

4. The certificate of compliance shall be sent to the clerk of the municipality who shall then, upon receipt of the public liability bond required by law, if such municipality requires such bond in such cases issue a non-transferable permit authorizing the display.

5. The chief of the fire department, the chief of the police department or board of selectment shall have the power to deny any application for a permit to discharge fireworks in public display upon showing just cause for such denial.

Conduct of Display

6. Public display of fireworks shall be permitted only when the actual point at which the fireworks are to be fired is at least two hundred (200') feet from the nearest permanent building, public highway or railroad or other means of travel, or fifty (50') feet from the nearest above ground telephone or telegraph line, tree, or other overhead obstruction.

7. The audience at a public display of fireworks shall be re-strained behind lines at least one hundred fifty (150') feet from the point at which the fireworks are discharged, and only persons in active change of the display shall be allowed inside these lines.

8. All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, PROVIDED that where such fireworks are to be fired besid [beside] a lake or other large body of water they may be directed in such manner that the falling residue from the deflagration will fall into the said body of water.

9. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

10. No fireworks display shall be held during any wind store in which the wind reaches a velocity of more than thirty (30) miles per hour. In such cases the chief of the fire department may authorize the display at a future date suitable to the association holding the display.

Qualification of Operators

11. The persons in actual charge of the firing of fireworks in public display shall be able bodied men of at least eighteen (18) years of age, and competent for the task.

12. There shall be at all times at least two (2) operators of the display constantly on duty during the discharge.

General

13. At least two soda-acid or other approved Class A type fire extinguishers of at least two and one-half (2 1/2) gallons capacity each shall be kept at as widely separated points as possible within the actual area in which the discharging is being done.

14. All disputes arising as a result of the administration of these rules and regulations shall be referred to the state fire marshal, who shall be the final authority in all cases.

28-001 Code Vt. R. 28-040-001-X

Effective Date October 21, 1961