Town of Smithfield, RI Article V Explosives, Ammunition and Blasting Agents [1]

[1] Editor's Note: State law reference - explosives, G.L. 1956, § 23-28.28-1 et seq.

§ 198-33 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BLASTING AGENT

Any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitro carbonitrates by the Interstate Commerce Commission Regulations, 1965 edition, shall be included in this definition.

EXPLOSIVE

Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term "explosive" includes all materials classified as Class A, Class B or Class C explosives by the Interstate Commerce Commission Regulations, 1965 edition, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, instantaneous fuse, igniter cord and igniters, small arms ammunition, small arms ammunition primers, smokeless propellant, cartridges for propellant-actuated power devices, cartridges for industrial guns and pyrotechnics.

EXPLOSIVE MATERIAL

Any quantity of Class A, Class B and Class C explosives and any other chemical compounds or mixtures thereof used as the propelling or exploding material in any cartridge or other explosive device.

PYROTECHNIC

Any special fireworks which are manufactured and designed primarily for producing visible and audible pyrotechnic effects by a combustible explosion, and which are of such composition so as to be included under Class B explosives, as defined by the Interstate Commerce Commission Regulations, 1965 edition.

SMALL ARMS AMMUNITION

Any shotgun, rifle, pistol or revolver cartridge and cartridges for propellant-actuated power devices and industrial guns.

TEST BLASTING CAP NO. 8

One containing two grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.

§ 198-34 Scope.

A. This article shall apply to the manufacture, possession, storage, sale, transportation and use of explosives, blasting agents, pyrotechnics and ammunition, except as provided in Subsection B.

B. Nothing in this article shall be construed as applying to:

(1) The Armed Forces of the United States or the state militia;

(2) Explosives in forms prescribed by the official United States pharmacopoeia;

(3) The sale or use of fireworks;

(4) The possession, transportation and use of small arms ammunition or special industrial explosive devices;

(5) The possession, storage, transportation and use of not more than 20 pounds of smokeless propellant and 1,000 small arms primers for hand loading of small arms ammunition for personal use;

(6) The manufacture, possession, storage and use of not more than 15 pounds of explosives or blasting agents, exclusive of smokeless propellants in educational, governmental or industrial laboratories for instructional or research purposes when under direct supervision of experienced competent persons; or

(7) The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service or Police and Fire Departments acting in their official capacity.

§ 198-35 Permit required. [1]

Permits shall be obtained:

A. To manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents or small arms ammunition;

B. To transport explosives or blasting agents;

C. To use explosives or blasting agents;

D. To operate a terminal for handling explosives or blasting agents;

E. To deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise; or

F. To transport blasting caps or electric blasting caps on the same vehicle with explosives.

[1] Editor's Note: This section was originally adopted 1-11-1930.

§ 198-36 Restrictions. [1]

A. The manufacture of any explosives, blasting agents, including small arms ammunition, and pyrotechnics, as defined in this article, shall be prohibited unless such manufacture is authorized by the Chief of the Fire Department. This shall not apply to hand loading of small arms ammunition prepared for personal use when not for resale.

B. The storage of explosives and blasting agents is prohibited within the limits established by law as the limits of the district in which such storage is to be prohibited, except for:

(1) Temporary storage for use in connection with approved blasting operations; or

(2) Wholesale and retail stocks of small arms ammunition, fuses, lighters, fuse igniters and safety fuses (not including cordeau detonant fuses) in quantities involving less than 500 pounds of explosive material; and explosive-actuated power devices, when employed in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material.

C. The Chief of the Fire Department may limit the quantity of explosives, blasting agents or ammunition to be permitted at any location.

D. No person shall sell or display explosives or blasting agents on highways, sidewalks, public property or in places of public assembly.

E. The Chief of the Fire Department may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, reloaded or temporarily retained at each terminal where such operations are permitted.

F. Shipments of explosives or blasting agents delivered to carriers shall comply with the Interstate Commerce Commission Regulations, 1965 edition.

G. Carriers shall immediately notify the Chief of the Fire Department when explosives or blasting agents are received at terminals.

[1] Editor's Note: This section was originally adopted 1-11-1930.

§ 198-37 Storage of explosives. [1]

A. Explosives, including special industrial explosive materials and any newly developed and unclassified explosive, shall be stored in magazines which comply with this article. This shall not be construed as applying to the materials covered in § 198-36B.

B. Class I magazines shall be used for the storage of explosives when quantities are in excess of 50 pounds of explosive material.

C. Class I or Class II magazines shall be used for the storage of explosives in quantities of 50 pounds or less of explosive material except that a Class II magazine may be used for temporary storage of a larger quantity of explosives at the site of blasting operations where such amount constitutes not more than one day's supply for use in current operations.

D. Class I and Class II magazines shall be located away from inhabited buildings, passenger railways, public highways and other magazines in accordance with the American Table of Distances for Storage of Explosives, 1955 edition, except as provided in Subsection E of this section.

E. The Chief of the Fire Department may authorize the storage of up to 50 pounds of explosives and 5,000 blasting caps in wholesale and retail hardware stores or other approved establishments. Explosives and blasting caps shall be stored in separate Class II magazines at approved locations on the first floor not more than 10 feet from an entrance. A distance of 10 feet shall be maintained between the magazines. Their location shall not be changed without approval of the Chief of the Fire Department.

F. At the site of blasting operations, a distance of at least 150 feet shall be maintained between Class II magazines and the blast area when the quantity of explosives temporarily kept therein is in excess of 25 pounds, and at least 50 feet when the quantity of explosives is 25 pounds or less.

G. Property upon which Class I magazines are located shall be posted with signs reading "Explosives - Keep Off."

H. Class II magazines shall be painted red and shall bear lettering in white, on all sides and top at least three inches high, reading "Explosives - Keep Fire Away."

[1] Editor's Note: This section was originally adopted 4-3-1913.

§ 198-38 Transportation of explosives.

A. Explosives shall not be transported on public conveyances.

B. Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and shall be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flameproof and moistureproof tarpaulin or other effective protection against moisture and sparks. Such vehicles shall have tight floors, and exposed spark-producing metal on the inside of the body shall be covered with wood or other nonsparking material to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of open-body vehicles.

C. Explosives may be loaded into and transported in a truck, truck with semitrailer, truck with full trailer, truck tractor with semitrailer or truck tractor with semitrailer and full trailer. Explosives shall not be transported on any pole trailer.

D. Every vehicle when used for transporting explosives shall be equipped with not less than one approved type fire extinguisher, suitable for use on flammable liquid fires, filled and ready for immediate use, and located near the driver's seat.

E. Only those dangerous articles authorized to be loaded with explosives by the Interstate Commerce Commission Regulations, 1965 edition, shall be carried in the body of a vehicle transporting explosives.

F. Every vehicle transporting explosives shall be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than three inches high on contrasting background.

G. Blasting caps or electric blasting caps shall not be transported over the highways of the Town on the same vehicle with other explosives, except by permission of the Chief of the Fire Department.

H. Vehicles transporting explosives shall not be left unattended at any time within the Town.

I. Vehicles transporting explosives shall be routed to avoid congested traffic and densely populated areas.

§ 198-39 Use and handling of explosives.

A. Blasting operations shall be conducted during daylight hours except when authorized at other times by the Chief of the Fire Department.

B. Wherever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of blasting, specifying the location and the intended time of such blasting. Verbal notice shall be confirmed with written notice. In an emergency this time limit may be waived by the Chief of the Fire Department.

C. Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar transmitters, lightning, adjacent power lines, dust storms or other sources of extraneous electricity.

§ 198-40 Storage of blasting agents and supplies.

A. Blasting agents or oxidizers, when stored in conjunction with explosives, shall be stored in accordance with § 198-37. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements.

B. Buildings used for the storage of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways and public highways, in accordance with the American Table of Distances for Storage of Explosives, 1955 edition.

C. Semitrailers or full trailers may be used for temporarily storing blasting agents, provided they are located away from inhabited buildings, passenger railways and public highways, in accordance with the American Table of Distances for Storage of Explosives, 1955 edition.

§ 198-41 Mixing blasting agents.

A. Buildings or other facilities used for mixing blasting agents shall be located away from inhabited buildings, passenger railways, and public highways, in accordance with the American Table of Distances for Storage of Explosives, 1955 edition.

B. Not more than one day's production of blasting agents or the limit determined by the American Table of Distances for Storage of Explosives, 1955 edition, whichever is less, shall be permitted in or near the building or other facility used for mixing blasting agents. Larger quantities shall be stored in separate buildings or magazines.

§ 198-42 Transportation of blasting agents.

A. Blasting agents shall be transported in accordance with the requirements for explosives in § 198-38, when transported in the same vehicle with explosives.

B. Every vehicle transporting blasting agents shall be marked or placarded on both sides, front and rear, with the word "Dangerous" and also the words "Blasting Agents," in letters not less than three inches high on a contrasting background.