Pennsylvania Act 1937-537 — EXPLOSIVES MANUFACTURE, STORAGE AND POSSESSION LAW

Act text

EXPLOSIVES MANUFACTURE, STORAGE AND POSSESSION LAW
                 Act of Jul. 1, 1937, P.L. 2681, No. 537              Cl. 35
                                  AN ACT

     Relating to, and regulating the manufacture, storing, and
        possession of explosives; requiring permits for magazines,
        and prescribing permit fees; and providing penalties.
        Compiler's Note:  Section 1 of Reorganization Plan No.8 of
            1981 provided that the functions, powers and duties of
            the Department of Labor and Industry with regard to the
            storage and possession of explosives, as set forth in Act
            537 are transferred to the Department of Environmental
            Resources.
        Section 1.  Be it enacted, &c., That no person shall
     manufacture, process, store, or have in his possession any
     explosives in this Commonwealth, until all requirements of this
     act have been complied with: Provided, That nothing contained in
     this act shall be construed to apply to the storage and actual
     use of explosives in or in connection with anthracite and
     bituminous coal mines and coal mining operations, or clay or
     shale mining operations, or in the operation of stone or rock
     quarries, or in agricultural work, or to the military and naval
     forces of the United States, or to the transportation of
     explosives upon vessels or railroad cars when in conformity with
     the rules of the Interstate Commerce Commission.
        (1 amended May 18, 1949, P.L.1461, No.431)
        Section 2.  The term "explosives," whenever used in this act,
     shall mean and include any chemical compound or other substance
     intended for the purpose of producing an explosion, or that
     contains oxidizing and combustible units or other ingredients in
     such proportions or quantities that ignition by fire, by
     friction, by concussion, by percussion, or by detonator, may
     produce an explosion capable of causing injury to persons, or
     damage to property.
        For the purpose of this act, manufactured articles shall not
     be held to be explosives when individual units contain
     ingredients in such limited quantities and of such nature as not
     ordinarily to be classified as an explosive, such as fixed
     ammunition for small arms, firecrackers, safety fuse, matches,
     and other articles which may be defined from time to time by
     regulations of the department.
        The term "magazine," as used herein, means any building or
     other structure used exclusively for the storage of explosives.
        The word "person," as used in this act, shall be construed to
     include individuals, copartnerships, associations, and
     corporations, as well as the Commonwealth and all political
     subdivisions thereof.
        Section 3.  All persons engaged in the manufacture of
     explosives, or any process involving explosives, or where
     explosives are used as a component part in the manufacture of
     any article or device on the date when this act takes effect,
     shall, within sixty days thereafter, and all persons engaging in
     the manufacture of explosives, or any process involving
     explosives, or where explosives are used as a component part in
     the manufacture of any article or device after this act takes
     effect, shall, before so engaging, make a report in writing,
     subscribed to by such person or his agent, to the Department of
     Labor and Industry, the report stating--
        (1)  The location of place of manufacture or processing.
        (2)  The kind of explosives manufactured, processed, or used.
        Section 4.  All persons storing explosives or having
     explosives in their possession on the date when this act takes
     effect, shall, within sixty days thereafter, and all persons
     contemplating the storing of explosives or having same in their
     possession after this act takes effect, shall, before obtaining
     or storing such explosives, make a report in writing, subscribed
     to by such person or his agent, to the Department of Labor and
     Industry, the report stating--
        (1)  The capacity, type of construction, and location of the
     magazine, if then existing, or, in case of a new magazine or a
     removal of any existing magazine, the capacity, type of
     construction, and proposed location of such magazine.
        (2)  The kind of explosives that are stored or in possession,
     or intended to be stored or obtained, and the maximum quantity
     involved.
        (3)  The distance that such magazine is located or intended
     to be located from the nearest buildings, magazines, railroads,
     and highways.
        Section 5.  The department shall determine the amount of
     explosives that may be stored or placed in magazines and shall
     issue a license to the person applying therefor, as hereinafter
     provided, such license to stipulate the maximum amount of
     explosives permitted.
        Whenever any person fails, for thirty days, to pay the annual
     license fee hereinafter provided, after the same becomes due or
     otherwise violates any of the provisions of this act, the
     Secretary of Labor and Industry may cancel such license.
     Whenever a license is cancelled for any cause, the Secretary of
     Labor and Industry, or his duly authorized representative shall
     notify, in writing, the person to whom such license is issued of
     the fact of such cancellation, and shall in said notice direct
     the removal of all explosives stored in said magazine within a
     reasonable time limit, but not to exceed ten days from the
     giving of said notice. Failure to so remove the explosives
     stored in said magazine within the time specified in said notice
     shall constitute a violation of this act.
        Section 6.  If at any time any governing body or other
     authority of any locality may know of any reason why a magazine
     or building in which explosives are used or kept is not or
     cannot be conducted in accordance with the provisions of this
     act, and should not be permitted to operate, upon notifying the
     Secretary of Labor and Industry, in writing, or his duly
     authorized representative, a hearing may be conducted by the
     said Secretary of Labor and Industry or his duly authorized
     representative, to show cause why a license should not be issued
     or should not be revoked.
        Section 7.  All explosive plants and all buildings and
     magazines wherein explosives are manufactured or stored shall be
     located, operated, maintained, equipped, and conducted so as to
     provide for the adequate protection for all persons employed in
     or about such explosive plants or magazines. The location of
     explosive plants with respect to other buildings, railroads, and
     highways, and the location of buildings wherein explosives are
     manufactured or stored with respect to other magazines or
     buildings when explosives are manufactured shall be in
     accordance with the regulations adopted by the Department of
     Labor and Industry.
        Section 8.  There shall be kept in the main office on the
     premises of every explosive plant a plan of said plant, showing
     the location of all buildings and the distance they are located
     from other buildings where persons are employed and from
     magazines, and these plans shall at all times be open to
     inspection by duly authorized inspectors of the Department of
     Labor and Industry. The superintendent of each plant shall, upon
     demand of said inspector, furnish the following information:
        (a)  The maximum amount and kind of explosive material which
     is or will be present in each building at any one time.
        (b)  The nature and kind of work carried on in each building,
     whether or not said buildings are surrounded by natural or
     artificial barricades, and if so the details of construction of
     such barricades.
        Section 9.  After January first, one thousand nine hundred
     and thirty-eight, every person storing or in possession of
     explosives shall be required to have a license for each magazine
     used for the storing or placing of explosives, which license
     shall be issued on a form prepared and furnished by the
     Department of Labor and Industry. The application for license
     shall be accompanied by the proper license fee, which shall be
     prescribed by the department, according to the quantity of
     explosives which are to be stored or placed in the magazine, and
     shall not be less than three dollars and fifty cents ($3.50) nor
     more than fifty dollars ($50). Such license shall be kept posted
     conspicuously in or about the magazine for which issued.
     Licenses shall expire annually on the thirty-first day of
     December, and shall be renewed annually upon payment of the fee
     as specified in this section.
        (9 amended May 22, 1953, P.L.201, No.17)
        Section 10.  Every person, company, or corporation
     manufacturing, storing, selling, transferring, dealing in, or in
     any manner disposing of any explosives, shall keep, in a book
     for that purpose, an accurate record of all transactions with
     the date thereof relating to the receiving and disposing of the
     same, which record shall show the amount of each such explosive
     received, by whom transported or conveyed, and each and every
     sale or other disposition made of such explosives with the
     amount thereof, and the name of the person to whom delivery of
     the same was made, who shall be required to receipt therefor.
     Such record shall at all times be open to the inspection of any
     duly authorized representative of the Commonwealth.
        Section 10.1.  (a)  Possession and storage of commercially
     manufactured black powder (in quantities not to exceed ten
     pounds), percussion caps, safety and pyrotechnic fuses, matches
     and friction primers, intended to be used solely for sporting,
     recreational, cultural purposes in antique firearms or antique
     devices as defined in § 921(a)(16) of Title 18 of the United
     States Code shall be exempt from regulation by the Department of
     Environmental Resources.
        (b)  Possession and storage of smokeless powder, primers used
     for reloading rifle or pistol cartridges, shot shells,
     percussion caps and smokeless propellants intended for personal
     use shall be exempt from regulation by the Department of
     Environmental Resources.
        (c)  The storage of black powder in quantities not to exceed
     one thousand pounds shall be in accordance with the storage
     requirements for low explosives in 27 C.F.R. § 181.181 et seq.
     (Subpart J).
        (d)  The Department of Environmental Resources may adopt
     regulations for the storage of black powder in quantities in
     excess of one thousand pounds.
        (10.1 added Mar. 13, 1982, P.L.181, No.57)

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 10.2.  (a)  No person shall store more than fifty
     pounds of black powder in a commercial establishment. It shall
     be unlawful to store black powder in a commercial establishment
     unless a license to store explosives is obtained from the United
     States Department of Treasury, Bureau of Alcohol, Tobacco and
     Firearms. Black powder shall be stored in accordance with 27
     C.F.R. § 181.90 in a type 4 storage facility which shall be
     mounted on wheels for easy removal in case of fire.
        (b)  Any person violating the provisions of this section
     shall be guilty of a misdemeanor and upon conviction thereof
     shall be sentenced to pay a fine of not less than five hundred
     dollars ($500).
        (10.2 added Mar. 13, 1982, P.L.181, No.57)
        Section 11.  For the purpose of carrying out the provisions
     of this act and applying these provisions to specific cases, the
     Department of Labor and Industry shall have the power, and its
     duties shall be, to make, alter, amend, or repeal general rules
     and regulations to provide protection in the manufacture,
     processing, transportation, storage, use, or handling of
     explosives.
        Compiler's Note:  Section 13 of Act 323 of 1965 provided that
            section 11 is repealed insofar as it relates to
            transportation of explosives upon a highway or toll road,
            including the Pennsylvania Turnpike.
        Section 12.  Any person or persons who shall violate any of
     the provisions of this act or the rules and regulations of the
     department as herein provided for, or who shall hinder or
     interfere with a duly authorized officer of the Commonwealth in
     the performance of his duties as herein provided, shall, upon
     conviction in a summary proceeding, be punished by a fine of not
     less than ten dollars ($10) or more than one hundred dollars
     ($100), and in default of the payment of such fine and costs
     shall be sentenced to imprisonment for not more than thirty
     days. Any person or persons who shall, on second offense,
     violate any of the provisions of this act or the rules and
     regulations of the department as herein provided for, shall be
     guilty of a misdemeanor, and, upon conviction, shall be
     sentenced to pay a fine of not less than one hundred dollars
     ($100) and not more than one thousand dollars ($1,000), or to
     suffer imprisonment for not more than one year, or both, at the
     discretion of the court. Prosecution for violation of this act
     may be instituted by the Secretary of Labor and Industry or his
     duly authorized representative.
        Section 13.  All acts and parts of acts inconsistent with the
     provisions of this act are hereby repealed.
        Section 14.  All fees collected under the provisions of this
     act shall be paid into the State Treasury, through the
     Department of Revenue.