### 165 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.202

§ 555.185 Criminal sanctions.

Any person who violates the provisions of 18 U.S.C. 842(l)–(o) shall be fined under title 18, U.S.C., imprisoned for not more than 10 years, or both.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

§ 555.186 Seizure or forfeiture.

Any plastic explosive that does not contain a detection agent in violationof 18 U.S.C. 842(l)–(n) is subject to seizure and forfeiture, and all provisions of 19 U.S.C. 1595a, relating to seizure,forfeiture, and disposition of merchandise introduced or attempted to be introduced into the U.S. contrary to law, shall extend to seizures and forfeitures under this subpart. See §72.27 of this chapter for regulations on summary destruction of plastic explosives that do not contain a detection agent.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]



### Subpart K—Storage

§ 555.201 General.

(a) Section 842(j) of the Act and §555.29 of this part require that the storage of explosive materials by any person must be in accordance with theregulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive materials were involved. The storage standards prescribed by this subpart confer no right or privileges to storeexplosive materials in a manner contrary to State or local law.

(b) The Director may authorize alternate construction for explosives storage magazines when it is shown that the alternate magazine construction issubstantially equivalent to the standards of safety and security contained in this subpart. Any alternate explosive magazine construction approved by the Director prior to August 9, 1982, will continue as approved unless notified inwriting by the Director. Any person intending to use alternate magazine construction shall submit a letter application to the regional director (compliance) for transmittal to the Director, specifically describing the proposed magazine. Explosive materials may not be stored in alternate magazines before the applicant has been notified that the application has been approved.

(c) A licensee or permittee who intends to make changes in his magazines, or who intends to construct or acquire additional magazines, shall comply with §555.63.

(d) The regulations set forth in §§555.221 through 555.224 pertain to thestorage of display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks and articles pyrotechnic.

(e) The provisions of §555.202(a)classifying flash powder and bulk salutes as high explosives are mandatory after March 7, 1990: Provided, that those persons who hold licenses or permits under this part on that date shall, with respect to the premises covered by such licenses or permits, comply with the high explosives storage requirements for flash powder and bulk salutes by March 7, 1991.

(f) Any person who stores explosive materials shall notify the authority having jurisdiction for fire safety inthe locality in which the explosive materials are being stored of the type, magazine capacity, and location ofeach site where such explosive materials are stored. Such notification shall be made orally before the end of the day on which storage of the explosive materials commenced and in writing within 48 hours from the time such storage commenced.

(Paragraph (f) approved by the Office of Management and Budget under control number 1140–0071)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]

§ 555.202 Classes of explosive materials.

For purposes of this part, there are three classes of explosive materials.These classes, together with the description of explosive materials comprising each class, are as follows:

(a) High explosives. Explosive materials which can be caused to detonate by means of a blasting cap when unconfined, (for example, dynamite, flash powders, and bulk salutes). See also §555.201(e).


### 166 27 CFR Ch. II (4–1–13 Edition) § 555.203

(b) Low explosives. Explosive materials which can be caused to deflagratewhen confined (for example, black powder, safety fuses, igniters, ignitercords, fuse lighters, and ‘‘display fireworks’’ classified as UN0333, UN0334, or UN0335 by the U.S. Department of Transportation regulations at 49 CFR 172.101, except for bulk salutes).

(c) Blasting agents. (For example, ammonium nitrate-fuel oil and certain water-gels (see also §555.11).

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]

§ 555.203 Types of magazines.

For purposes of this part, there are five types of magazines. These types, together with the classes of explosive materials, as defined in §555.202, which will be stored in them, are as follows:

(a) Type 1 magazines. Permanent magazines for the storage of high explosives, subject to the limitations prescribed by §§555.206 and 555.213. Other classes of explosive materials may also be stored in type 1 magazines.

(b) Type 2 magazines. Mobile and portable indoor and outdoor magazines for the storage of high explosives, subject to the limitations prescribed by §§555.206, 555.208(b), and 555.213. Other classes of explosive materials may also be stored in type 2 magazines.

(c) Type 3 magazines. Portable outdoor magazines for the temporary storage of high explosives while attended (for example, a ‘‘day-box’’), subject to the limitations prescribed by §§555.206 and 555.213. Other classes of explosives materials may also be stored in type 3 magazines.

(d) Type 4 magazines. Magazines for the storage of low explosives, subject to the limitations prescribed by §§555.206(b), 555.210(b), and 555.213. Blasting agents may be stored in type 4 magazines, subject to the limitations prescribed by §§555.206(c), 555.211(b), and 555.213. Detonators that will not mass detonate may also be stored intype 4 magazines, subject to the limitations prescribed by §§555.206(a), 555.210(b), and 555.213.

(e) Type 5 magazines. Magazines for the storage of blasting agents, subject to the limitations prescribed by §§555.206(c), 555.211(b), and 555.213. § 555.204 Inspection of magazines.

Any person storing explosive materials shall inspect his magazines at least every seven days. This inspection need not be an inventory, but must be sufficient to determine whether therehas been unauthorized entry or attempted entry into the magazines, or unauthorized removal of the contents of the magazines.

§ 555.205 Movement of explosive materials.

All explosive materials must be kept in locked magazines meeting the standards in this subpart unless they

are:

(a) In the process of manufacture; (b) Being physically handled in the operating process of a licensee or user;

(c) Being used; or (d) Being transported to a place ofstorage or use by a licensee or permittee or by a person who has lawfully acquired explosive materials under §555.106.

§ 555.206 Location of magazines.

(a) Outdoor magazines in which high explosives are stored must be locatedno closer to inhabited buildings, passenger railways, public highways, orother magazines in which high explosives are stored, than the minimumdistances specified in the table of distances for storage of explosive materials in §555.218.

(b) Outdoor magazines in which low explosives are stored must be locatedno closer to inhibited buildings, passenger railways, public highways, or other magazines in which explosivematerials are stored, than the minimum distances specified in the tableof distances for storage of low explosives in §555.219, except that the table of distances in §555.224 shall apply to the storage of display fireworks. The distances shown in §555.219 may not be reduced by the presence of barricades.

(c)(1) Outdoor magazines in which blasting agents in quantities of morethan 50 pounds are stored must be located no closer to inhabited buildings, passenger railways, or public highways than the minimum distances specified in the table of distances for storage of explosive materials in §555.218.


### 167 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.207

(2) Ammonium nitrate and magazines in which blasting agents are stored must be located no closer to magazinesin which high explosives or other blasting agents are stored than the minimum distances specified in the tableof distances for the separation of ammonium nitrate and blasting agents in§555.220. However, the minimum distances for magazines in which explosives and blasting agents are stored from inhabited buildings, etc., may not be less than the distances specified inthe table of distances for storage of explosives materials in §555.218.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR 3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]

§ 555.207 Construction of type 1 magazines.
A type 1 magazine is a permanent structure: a building, an igloo or ‘‘Army-type structure’’, a tunnel, or adugout. It is to be bullet-resistant, fireresistant, weather-resistant, theft-resistant, and ventilated.

(a) Buildings. All building type magazines are to be constructed of masonry, wood, metal, or a combination of these materials, and have no openings except for entrances and ventilation. The ground around building magazines must slope away for drainage or other adequate drainage provided.

(1) Masonry wall construction. Masonry wall construction is to consist of brick, concrete, tile, cement block, or cinder block and be not less than 6 inches in thickness. Hollow masonry units used in construction must haveall hollow spaces filled with welltamped, coarse, dry sand or weak concrete (at least a mixture of one part cement and eight parts of sand with enough water to dampen the mixture while tamping in place). Interior walls are to be constructed of, or covered with, a nonsparking material.

(2) Fabricated metal wall construction. Metal wall construction is to consist of sectional sheets of steel or aluminumnot less than number 14-gauge, securely fastened to a metal framework. Metal wall construction is either lined inside with brick, solid cement blocks, hardwood not less than four inches thick, or will have at least a six inch sand fill between interior and exterior walls. Interior walls are to be constructed of, or covered with, a nonsparking material.

(3) Wood frame wall construction. The exterior of outer wood walls is to be covered with iron or aluminum not less than number 26-gauge. An inner wallof, or covered with nonsparking material will be constructed so as to providea space of not less than six inches between the outer and inner walls. The space is to be filled with coarse, dry sand or weak concrete.

(4) Floors. Floors are to be constructed of, or covered with, a nonsparking material and shall be strongenough to bear the weight of the maximum quantity to be stored. Use of pallets covered with a nonsparking material is considered equivalent to a floorconstructed of or covered with a nonsparking material.

(5) Foundations. Foundations are tobe constructed of brick, concrete, cement block, stone, or wood posts. Ifpiers or posts are used, in lieu of a continuous foundation, the space under the buildings is to be enclosed with metal.

(6) Roof. Except for buildings with fabricated metal roofs, the outer roof is to be covered with no less than number 26-guage iron or aluminum, fastened to at least 7 ⁄ 8 inch sheathing. (7) Bullet-resistant ceilings or roofs. Where it is possible for a bullet to be fired directly through the roof and into the magazine at such an angle that thebullet would strike the explosives within, the magazine is to be protected by one of the following methods:

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

(ii) A fabricated metal roof constructed of 3 ⁄ 16 -inch plate steel lined with four inches of hardwood. (For each additional 1 ⁄ 16 inch of plate steel, the hardwood lining may be decreased one inch.)

(8) Doors. All doors are to be constructed of not less than 1 ⁄ 4 inch plate steel and lined with at least two inches of hardwood. Hinges and hasps are to


### 168 27 CFR Ch. II (4–1–13 Edition) § 555.208

be attached to the doors by welding, riveting or bolting (nuts on inside of door). They are to be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked.

(9) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlock fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a casehardened shackle of at least 3 ⁄ 8 inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do notapply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(10) Ventilation. Ventilation is to be provided to prevent dampness and heating of stored explosive materials. Ventilation openings must be screenedto prevent the entrance of sparks. Ventilation openings in side walls and foundations must be offset or shieldedfor bullet-resistant purposes. Magazines having foundation and roof ventilators with the air circulating between the side walls and the floors and between the side walls and the ceiling must have a wooden lattice lining or equivalent to prevent the packages of explosive materials from being stacked against the side walls and blocking the air circulation.

(11) Exposed metal. No sparking material is to be exposed to contact withthe stored explosive materials. All ferrous metal nails in the floor and sidewalls, which might be exposed to contact with explosive materials, must be blind nailed, countersunk, or covered with a nonsparking lattice work or other nonsparking material.

(b) Igloos, ‘‘Army-type structures’’, tunnels, and dugouts. Igloo, ‘‘Army-typestructure’’, tunnel, and dugout magazines are to be constructed of reinforced concrete, masonry, metal, or a combination of these materials. They must have an earthmound covering of not less than 24 inches on the top, sides and rear unless the magazine meets the requirements of paragraph (a)(7) of this section. Interior walls and floors must be constructed of, or covered with, a nonsparking material. Magazines of this type are also to be constructed in conformity with the requirements of paragraph (a)(4) and paragraphs (a)(8) through (11) of this section.

§ 555.208 Construction of type 2 magazines.
A type 2 magazine is a box, trailer, semitrailer, or other mobile facility.

(a) Outdoor magazines—(1) General.Outdoor magazines are to be bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and ventilated.They are to be supported to prevent direct contact with the ground and, if less than one cubic yard in size, must be securely fastened to a fixed object. The ground around outdoor magazines must slope away for drainage or otheradequate drainage provided. When unattended, vehicular magazines musthave wheels removed or otherwise effectively immobilized by kingpin locking devices or other methods approved by the Director.

(2) Exterior construction. The exterior and doors are to be constructed of not less than 1 ⁄ 4 -inch steel and lined with atleast two inches of hardwood. Magazines with top openings will have lids with water-resistant seals or which overlap the sides by at least one inch when in a closed position.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 -inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 -inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do notapply to magazine doors that are adequately secured on the inside by means


### 169 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.210

of a bolt, lock, or bar that cannot be actuated from the outside.

(b) Indoor magazines—(1) General. Indoor magazines are to be fire-resistant and theft-resistant. They need not be bullet-resistant and weather-resistant if the buildings in which they are stored provide protection from the weather and from bullet penetration. No indoor magazine is to be located in a residence or dwelling. The indoorstorage of high explosives must not exceed a quantity of 50 pounds. Morethan one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators must be stored in a separate magazine (except as provided in §555.213) and the total quantity of detonators must not exceed 5,000.

(2) Exterior construction. Indoor magazines are to be constructed of wood or metal according to one of the following specifications:

(i) Wood indoor magazines are tohave sides, bottoms and doors constructed of at least two inches of hardwood and are to be well braced at the corners. They are to be covered with sheet metal of not less than number 26- gauge (.0179 inches). Nails exposed to the interior of magazines must be countersunk.

(ii) Metal indoor magazines are tohave sides, bottoms and doors constructed of not less than number 12- gauge (.1046 inches) metal and be lined inside with a nonsparking material. Edges of metal covers must overlap sides at least one inch.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 -inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 -inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, andstaples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 - inch diameter, if the door hinges and lock hasp are securely fastened to the magazine. These requirements do notapply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(c) Detonator boxes. Magazines for detonators in quantities of 100 or less are to have sides, bottoms and doors constructed of not less than number 12- gauge (.1046 inches) metal and lined with a nonsparking material. Hinges and hasps must be attached so they cannot be removed from the outside. One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 -inch diameter is sufficient for locking purposes.

§ 555.209 Construction of type 3 magazines.

A type 3 magazine is a ‘‘day-box’’ or other portable magazine. It must be fire-resistant, weather-resistant, and theft-resistant. A type 3 magazine is to be constructed of not less than number 12-gauge (.1046 inches) steel, lined with at least either 1 ⁄ 2 -inch plywood or 1 ⁄ 2 - inch Masonite-type hardboard. Doors must overlap sides by at least one inch. Hinges and hasps are to be attached by welding, riveting or bolting (nuts on inside). One steel padlock (which neednot be protected by a steel hood) having at least five tumblers and a casehardened shackle of at least 3 ⁄ 8 -inch diameter is sufficient for locking purposes. Explosive materials are not to be left unattended in type 3 magazines and must be removed to type 1 or 2 magazines for unattended storage.

§ 555.210 Construction of type 4 magazines.

A type 4 magazine is a building, iglooor ‘‘Army-type structure’’, tunnel, dugout, box, trailer, or a semitrailer or other mobile magazine.


### 170 27 CFR Ch. II (4–1–13 Edition) § 555.211

(a) Outdoor magazines—(1) General.Outdoor magazines are to be fire-resistant, weather-resistant, and theft-resistant. The ground around outdoormagazines must slope away for drainage or other adequate drainage be provided. When unattended, vehicular magazines must have wheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by the Director.

(2) Construction. Outdoor magazines are to be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. Foundations are to be constructed of brick, concrete, cement block, stone, or metal or wood posts. If piers or postsare used, in lieu of a continuous foundation, the space under the building isto be enclosed with fire-resistant material. The walls and floors are to be constructed of, or covered with, a nonsparking material or lattice work. Thedoors must be metal or solid wood covered with metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and case-hardened shackle of at least 3 ⁄ 8 inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do notapply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(b) Indoor magazine—(1) General. Indoor magazines are to be fire-resistant and theft-resistant. They need not be weather-resistant if the buildings inwhich they are stored provide protection from the weather. No indoor magazine is to be located in a residence ordwelling. The indoor storage of low explosives must not exceed a quantity of 50 pounds. More than one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators that will not mass detonate must be stored in a separatemagazine and the total number of electric detonators must not exceed 5,000.

(2) Construction. Indoor magazines areto be constructed of masonry, metalcovered wood, fabricated metal, or a combination of these materials. The walls and floors are to be constructedof, or covered with, a nonsparking material. The doors must be metal or solid wood covered with metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, andstaples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter, if the door hinges and lock hasp are securely fastened to the magazine. These requirements do notapply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

§ 555.211 Construction of type 5 magazines.
A type 5 magazine is a building, iglooor ‘‘Army-type structure’’, tunnel, dugout, bin, box, trailer, or a semitrailer or other mobile facility.

(a) Outdoor magazines—(1) General.Outdoor magazines are to be weatherresistant and theft-resistant. The


### 171 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.213

ground around magazines must slope away for drainage or other adequatedrainage be provided. When unattended, vehicular magazines must havewheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by the Director.

(2) Construction. The doors are to be constructed of solid wood or metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. Trailers, semitrailers, and similar vehicular magazines may, for each door, be locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter, if the doorhinges and lock hasp are securely fastened to the magazine and to the door frame. These requirements do notapply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(5) Placards. The placards required byDepartment of Transportation regulations at 49 CFR part 172, subpart F, for the transportation of blasting agents shall be displayed on all magazines.

(b) Indoor magazines—(1) General. Indoor magazines are to be theft-resistant. They need not be weather-resistant if the buildings in which they are stored provide protection from the weather. No indoor magazine is to belocated in a residence or dwelling. Indoor magazines containing quantities of blasting agents in excess of 50 pounds are subject to the requirements of §555.206 of this subpart. (2) Construction. The doors are to be constructed of wood or metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter. Padlocks must be protected with not less than 1 ⁄ 4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, andstaples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3 ⁄ 8 inch diameter, if the door hinges and lock hasps are securely fastened to the magazine and to the door frame. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–298, 55 FR 21863, May 30, 1990]

§ 555.212 Smoking and open flames.

Smoking, matches, open flames, andspark producing devices are not permitted:

(a) In any magazine; (b) Within 50 feet of any outdoor magazine; or

(c) Within any room containing an indoor magazine.

§ 555.213 Quantity and storage restrictions.

(a) Explosive materials in excess of 300,000 pounds or detonators in excess of 20 million are not to be stored in onemagazine unless approved by the Director.


### 172 27 CFR Ch. II (4–1–13 Edition) § 555.214

(b) Detonators are not to be stored inthe same magazine with other explosive materials, except under the following circumstances:

(1) In a type 4 magazine, detonators that will not mass detonate may be stored with electric squibs, safety fuse, shock tube, igniters, and igniter cord.

(2) In a type 1 or type 2 magazine, detonators may be stored with delay devices and any of the items listed in paragraph (b)(1) of this section.

[T.D. ATF–487, 68 FR 3748, Jan. 24, 2003, as amended by ATF 15F, 75 FR 3163, Jan. 20, 2010]

§ 555.214 Storage within types 1, 2, 3, and 4 magazines.
(a) Explosive materials within a magazine are not to be placed directly against interior walls and must bestored so as not to interfere with ventilation. To prevent contact of storedexplosive materials with walls, a nonsparking lattice work or other nonsparking material may be used.

(b) Containers of explosive materialsare to be stored so that marks are visible. Stocks of explosive materials are to be stored so they can be easily counted and checked upon inspection.

(c) Except with respect to fiberboardor other nonmetal containers, containers of explosive materials are not to be unpacked or repacked inside amagazine or within 50 feet of a magazine, and must not be unpacked or repacked close to other explosive materials. Containers of explosive materials must be closed while being stored.

(d) Tools used for opening or closing containers of explosive materials are to be of nonsparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden mallet are to be used for opening or closing wood containers of explosivematerials. Metal tools other than nonsparking transfer conveyors are not to be stored in any magazine containing high explosives.

§ 555.215 Housekeeping.

Magazines are to be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors are to be regularly swept. Brooms and other utensils used in the cleaning and maintenance of magazines must have no spark-producing metal parts, and may be kept in magazines. Floorsstained by leakage from explosive materials are to be cleaned according toinstructions of the explosives manufacturer. When any explosive material hasdeteriorated it is to be destroyed in accordance with the advice or instructions of the manufacturer. The area surrounding magazines is to be kept clear of rubbish, brush, dry grass, or trees (except live trees more than 10 feet tall), for not less than 25 feet in all directions. Volatile materials are to be kept a distance of not less than 50 feet from outdoor magazines. Living foliage which is used to stabilize the earthencovering of a magazine need not be removed.

§ 555.216 Repair of magazines.

Before repairing the interior of magazines, all explosive materials are to beremoved and the interior cleaned. Before repairing the exterior of magazines, all explosive materials must be removed if there exists any possibility that repairs may produce sparks or flame. Explosive materials removed from magazines under repair must be(a) placed in other magazines appropriate for the storage of those explosive materials under this subpart, or (b) placed a safe distance from the magazines under repair where they are to be properly guarded and protected until the repairs have been completed.

§ 555.217 Lighting.

(a) Battery-activated safety lights or battery-activated safety lanterns maybe used in explosives storage magazines.

(b) Electric lighting used in any explosives storage magazine must meetthe standards prescribed by the ‘‘National Electrical Code,’’ (National Fire Protection Association, NFPA 70–81),for the conditions present in the magazine at any time. All electrical switches are to be located outside of the magazine and also meet the standards prescribed by the National Electrical Code.

(c) Copies of invoices, work orders or similar documents which indicate the lighting complies with the National


### 173 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.218

Electrical Code must be available for inspection by ATF officers.

§ 555.218 Table of distances for storage of explosive materials.

Quantity of explosives Distances in feet

Pounds

over Pounds not over Inhabited buildings Public highways with traffic volume of 3000 or fewer vehicles/day Passenger railways—public highways with traffic volume of more than

3,000 vehicles/day Separation of magazines

Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded

0 5 70 140 30 60 51 102 6 12
5 10 90 180 35 70 64 128 8 16
10 20 110 220 45 90 81 162 10 20
20 30 125 250 50 100 93 186 11 22
30 40 140 280 55 110 103 206 12 24
40 50 150 300 60 120 110 220 14 28
50 75 170 340 70 140 127 254 15 30
75 100 190 380 75 150 139 278 16 32
100 125 200 400 80 160 150 300 18 36
125 150 215 430 85 170 159 318 19 38
150 200 235 470 95 190 175 350 21 42
200 250 255 510 105 210 189 378 23 46
250 300 270 540 110 220 201 402 24 48
300 400 295 590 120 240 221 442 27 54
400 500 320 640 130 260 238 476 29 58
500 600 340 680 135 270 253 506 31 62
600 700 355 710 145 290 266 532 32 64
700 800 375 750 150 300 278 556 33 66
800 900 390 780 155 310 289 578 35 70 900 1,000 400 800 160 320 300 600 36 72 1,000 1,200 425 850 165 330 318 636 39 78 1,200 1,400 450 900 170 340 336 672 41 82 1,400 1,600 470 940 175 350 351 702 43 86 1,600 1,800 490 980 180 360 366 732 44 88 1,800 2,000 505 1,010 185 370 378 756 45 90 2,000 2,500 545 1,090 190 380 408 816 49 98 2,500 3,000 580 1,160 195 390 432 864 52 104 3,000 4,000 635 1,270 210 420 474 948 58 116 4,000 5,000 685 1,370 225 450 513 1,026 61 122 5,000 6,000 730 1,460 235 470 546 1,092 65 130 6,000 7,000 770 1,540 245 490 573 1,146 68 136 7,000 8,000 800 1,600 250 500 600 1,200 72 144 8,000 9,000 835 1,670 255 510 624 1,248 75 150 9,000 10,000 865 1,730 260 520 645 1,290 78 156 10,000 12,000 875 1,750 270 540 687 1,374 82 164 12,000 14,000 885 1,770 275 550 723 1,446 87 174 14,000 16,000 900 1,800 280 560 756 1,512 90 180 16,000 18,000 940 1,880 285 570 786 1,572 94 188 18,000 20,000 975 1,950 290 580 813 1,626 98 196 20,000 25,000 1,055 2,000 315 630 876 1,752 105 210 25,000 30,000 1,130 2,000 340 680 933 1,866 112 224 30,000 35,000 1,205 2,000 360 720 981 1,962 119 238 35,000 40,000 1,275 2,000 380 760 1,026 2,000 124 248 40,000 45,000 1,340 2,000 400 800 1,068 2,000 129 258 45,000 50,000 1,400 2,000 420 840 1,104 2,000 135 270 50,000 55,000 1,460 2,000 440 880 1,140 2,000 140 280 55,000 60,000 1,515 2,000 455 910 1,173 2,000 145 290 60,000 65,000 1,565 2,000 470 940 1,206 2,000 150 300 65,000 70,000 1,610 2,000 485 970 1,236 2,000 155 310 70,000 75,000 1,655 2,000 500 1,000 1,263 2,000 160 320 75,000 80,000 1,695 2,000 510 1,020 1,293 2,000 165 330 80,000 85,000 1,730 2,000 520 1,040 1,317 2,000 170 340 85,000 90,000 1,760 2,000 530 1,060 1,344 2,000 175 350 90,000 95,000 1,790 2,000 540 1,080 1,368 2,000 180 360 95,000 100,000 1,815 2,000 545 1,090 1,392 2,000 185 370 100,000 110,000 1,835 2,000 550 1,100 1,437 2,000 195 390 110,000 120,000 1,855 2,000 555 1,110 1,479 2,000 205 410 120,000 130,000 1,875 2,000 560 1,120 1,521 2,000 215 430 130,000 140,000 1,890 2,000 565 1,130 1,557 2,000 225 450 140,000 150,000 1,900 2,000 570 1,140 1,593 2,000 235 470


### 174 27 CFR Ch. II (4–1–13 Edition) § 555.219

Quantity of explosives Distances in feet

Pounds

over Pounds not over Inhabited buildings Public highways with traffic volume of 3000 or fewer vehicles/day Passenger railways—public highways with traffic volume of more than

3,000 vehicles/day Separation of magazines

Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded

150,000 160,000 1,935 2,000 580 1,160 1,629 2,000 245 490 160,000 170,000 1,965 2,000 590 1,180 1,662 2,000 255 510 170,000 180,000 1,990 2,000 600 1,200 1,695 2,000 265 530 180,000 190,000 2,010 2,010 605 1,210 1,725 2,000 275 550 190,000 200,000 2,030 2,030 610 1,220 1,755 2,000 285 570 200,000 210,000 2,055 2,055 620 1,240 1,782 2,000 295 590 210,000 230,000 2,100 2,100 635 1,270 1,836 2,000 315 630 230,000 250,000 2,155 2,155 650 1,300 1,890 2,000 335 670 250,000 275,000 2,215 2,215 670 1,340 1,950 2,000 360 720 275,000 300,000 2,275 2,275 690 1,380 2,000 2,000 385 770

T ABLE : A MERICAN T ABLE OF D ISTANCES FOR

S TORAGE OF E XPLOSIVES (D ECEMBER 1910),

AS R EVISED AND A PPROVED BY THE I NSTI

TUTE OF M AKERS OF E XPLOSIVES—J ULY
, 1991.

Notes to the Table of Distances for Storage of Explosives

(1) Terms found in the table of distances for storage of explosive materials are defined in §555.11.

(2) When two or more storage magazinesare 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 bynot less than the distances 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 containingother explosives. If any two or more magazines are separated from each other by lessthan the specified ‘‘Separation of Magazines’’ distances, then such two or more magazines, as a group, must be considered asone 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 of distances specified from other magazines, inhabited buildings, railways, and highways.

(3) All types of blasting caps in strengths through No. 8 cap should be rated at 1 1 ⁄ 2 lbs. (1.5 lbs.) of explosives per 1,000 caps. For strengths higher than No. 8 cap, consult the
manufacturer.

(4) For quantity and distance purposes, detonating cord of 50 or 60 grains per foot should be calculated as equivalent to 9 lbs. of high explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; T.D. ATF–446, 66 FR 16602, Mar. 27, 2001; T.D. ATF–446a, 66 FR 19089, Apr. 13, 2001]

§ 555.219 Table of distances for storage of low explosives.

Pounds From inhabited building distance

(feet) From public railroadand highway distance (feet) From above ground magazine

(feet) Over Not over

0 1,000 75 75 50 1,000 5,000 115 115 75 5,000 10,000 150 150 100 10,000 20,000 190 190 125 20,000 30,000 215 215 145 30,000 40,000 235 235 155 40,000 50,000 250 250 165 50,000 60,000 260 260 175 60,000 70,000 270 270 185 70,000 80,000 280 280 190 80,000 90,000 295 295 195 90,000 100,000 300 300 200 100,000 200,000 375 375 250 200,000 300,000 450 450 300

§ 555.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.

T ABLE : D EPARTMENT OF D EFENSE A MMUNITION

AND E XPLOSIVES S TANDARDS , T ABLE 5–4.1
E XTRACT ; 4145.27 M, M ARCH 1969

Donor weight (pounds) Minimum separation distance of acceptorfrom donor when barricaded (ft.) Minimum thickness of artificial barricades

(in.) Over Not over Ammonium nitrate Blasting agent

................. 100 3 11 12


### 175 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 555.221

1 Definition and Test Procedures for Ammonium Nitrate Fertilizer, Fertilizer Institute 1015–18th St. N.W. Washington, DC 20036. Donor weight (pounds) Minimum separation distance of acceptorfrom donor when barricaded (ft.) Minimum thickness of artificial barricades

(in.) Over Not over Ammonium nitrate Blasting agent

100 300 4 14 12
300 600 5 18 12 600 1,000 6 22 12 1,000 1,600 7 25 12 1,600 2,000 8 29 12 2,000 3,000 9 32 15 3,000 4,000 10 36 15 4,000 6,000 11 40 15 6,000 8,000 12 43 20 8,000 10,000 13 47 20 10,000 12,000 14 50 20 12,000 16,000 15 54 25 16,000 20,000 16 58 25 20,000 25,000 18 65 25 25,000 30,000 19 68 30 30,000 35,000 20 72 30 35,000 40,000 21 76 30 40,000 45,000 22 79 35 45,000 50,000 23 83 35 50,000 55,000 24 86 35 55,000 60,000 25 90 35 60,000 70,000 26 94 40 70,000 80,000 28 101 40 80,000 90,000 30 108 40 90,000 100,000 32 115 40 100,000 120,000 34 122 50 120,000 140,000 37 133 50 140,000 160,000 40 144 50 160,000 180,000 44 158 50 180,000 200,000 48 173 50 200,000 220,000 52 187 60 220,000 250,000 56 202 60 250,000 275,000 60 216 60 275,000 300,000 64 230 60

T ABLE : N ATIONAL F IRE P ROTECTION A SSOCIA

TION (NFPA) O FFICIAL S TANDARD N O . 492, 1968

Notes of Table of Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents

(1) This table specifies separation distances to prevent explosion of ammonium nitrate and ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to inthe table as the ‘‘donor.’’ Ammonium nitrate, by itself, is not considered to be a donor when applying this table. Ammoniumnitrate, ammonium nitrate-fuel oil or combinations thereof are acceptors. If stores of ammonium nitrate are located within thesympathetic detonation distance of explosives or blasting agents, one-half the mass of the ammonium nitrate is to be included in the mass of the donor.

(2) When the ammonium nitrate and/orblasting agent is not barricaded, the distances shown in the table must be multipliedby six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the likewhich may enclose the ‘‘donor.’’ Where explosives storage is in bullet-resistant magazines or where the storage is protected by a bullet-resistant wall, distances and barricade thicknesses in excess of those prescribed in the table in §555.218 are not required.

(3) These distances apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer issued by the Fertilizer Institute. 1 Ammonium nitrate failing to pass the test must be stored at separation distances in accordance with the table in §555.218.

(4) These distances apply to blastingagents which pass the insensitivity test prescribed in regulations of the U.S. Department of Transportation (49 CFR part 173).

(5) Earth or sand dikes, or enclosures filled with the prescribed minimum thickness ofearth or sand are acceptable artificial barricades. Natural barricades, such as hills ortimber of sufficient density that the surrounding exposures which require protection
cannot be seen from the ‘‘donor’’ when the trees are bare of leaves, are also acceptable.

(6) For determining the distances to bemaintained from inhabited buildings, passenger railways, and public highways, use the table in §555.218.

§ 555.221 Requirements for displayfireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks or articles pyrotechnic.

(a) Display fireworks, pyrotechnic compositions, and explosive materials used to assemble fireworks and articles pyrotechnic shall be stored at all times as required by this Subpart unless theyare in the process of manufacture, assembly, packaging, or are being transported.

(b) No more than 500 pounds (227 kg)of pyrotechnic compositions or explosive materials are permitted at one time in any fireworks mixing building,any building or area in which the pyrotechnic compositions or explosive materials are pressed or otherwise prepared for finishing or assembly, or anyfinishing or assembly building. All pyrotechnic compositions or explosive materials not in immediate use will bestored in covered, non-ferrous containers.


### 176 27 CFR Ch. II (4–1–13 Edition) § 555.222

(c) The maximum quantity of flash powder permitted in any fireworks process building is 10 pounds (4.5 kg).

(d) All dry explosive powders and mixtures, partially assembled displayfireworks, and finished display fireworks shall be removed from fireworks process buildings at the conclusion of aday’s operations and placed in approved magazines.

[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 45004, Aug. 24, 1998]

§ 555.222 Table of distances betweenfireworks process buildings and between fireworks process and fireworks nonprocess buildings.

Net weight of fireworks 1 (pounds) Display fireworks 2 (feet) Consumer fireworks 3 (feet)

0–100 ............. 57 ........................... 37 101–200 ............. 69 ........................... 37 201–300 ............. 77 ........................... 37 301–400 ............. 85 ........................... 37 401–500 ............. 91 ........................... 37 Above 500 ......... Not permitted 4,5 .... Not permitted 4,5

1 Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.

2 The distances in this column apply only with natural or artificial barricades. If such barricades are not used, the distances must be doubled.

3 While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements.

4 A maximum of 500 pounds of in-process pyrotechnic compositions, either loose or in partially-assembled fireworks, is permitted in any fireworks process building. Finished display fireworks may not be stored in a fireworks process building.

5 A maximum of 10 pounds of flash powder, either in looseform or in assembled units, is permitted in any fireworks process building. Quantities in excess of 10 pounds must be kept in an approved magazine.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 45004, Aug. 24, 1998]

§ 555.223 Table of distances between fireworks process buildings and other specified areas.

D ISTANCE FROM P ASSENGER RAILWAYS , P UBLIC

H IGHWAYS , F IREWORKS P LANT B UILDINGS

USED TO S TORE C ONSUMER F IREWORKS AND A RTICLES P YROTECHNIC , M AGAZINES AND F IREWORKS S HIPPING B UILDINGS

, AND I NHAB

ITED B UILDINGS

. 3,4,5

Net weight of fireworks 1 (pounds) Display fireworks 1 (feet) Consumer fireworks 2 (feet)

0–100 .................. 200 ...................... 25 D ISTANCE FROM P ASSENGER RAILWAYS , P UBLIC H IGHWAYS , F IREWORKS P LANT B UILDINGS

USED TO S TORE C ONSUMER F IREWORKS AND A RTICLES P YROTECHNIC , M AGAZINES AND F IREWORKS S HIPPING B UILDINGS

, AND I NHAB

ITED B UILDINGS

. 3,4,5—Continued

Net weight of fireworks 1 (pounds) Display fireworks 1 (feet) Consumer fireworks 2 (feet)

101–200 ................. 200 ...................... 50

201–300 ................. 200 ...................... 50

301–400 ................. 200 ...................... 50

401–500 ................. 200 ...................... 50 Above 500 .............. Not permitted ....... Not permitted.

1 Net weight is the weight of all pyrotechnic compositions, and exposive materials and fuse only.

2 While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements.

3 This table does not apply to the separation distances between fireworks process buildings (see § 555.222) and between magazines (see §§ 555.218 and 555.224).

4 The distances in this table apply with or without artificial or natural barricades or screen barricades. However, the use of barricades is highly recommended.

5 No work of any kind, except to place or move items other than explosive materials from storage, shall be conducted in any building designated as a warehouse. A fireworks plant warehouse is not subject to § 555.222 or this section, tables of distances.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 45004, Aug. 24, 1998]

§ 555.224 Table of distances for the storage of display fireworks (except bulk salutes).

Net weight of firework 1 (pounds) Distance betweenmagazine and inhabited building, passenger railway, or public highway 3,4 (feet) Distance betweenmagazines 2,3 (feet)

0–1000 ........................ 150 ........................... 100

1001–5000 .................. 230 ........................... 150

5001–10000 ................ 300 ........................... 200 Above 10000 ............... Use table § 555.218 ....................

1 Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.

2 For the purposes of applying this table, the term ‘‘magazine’’ also includes fireworks shipping buildings for display fireworks.

3 For fireworks storage magazines in use prior to (30 days from the date of publication of the final rule in the F EDERAL R EGISTER ), the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites.

4 This table does not apply to the storage of bulk salutes. Use table at § 555.218.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR 45004, Aug. 24, 1998]