Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Approved
- approved by the Office of the
					 Deputy Secretary of Public Safety Services.
Artificial Barricade
- an artificial mound
					 or revetted wall of earth of a minimum thickness of 3 feet.
Annual Refresher Training
-a period of 13
					 calendar months.
Barricaded
- building containing explosives
					 is effectively screened from a magazine, building, 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 sidewall of the building containing
					 explosives to the leave line of any magazine or building, or to a point 12 feet
					 above the center of a railway or highway, will pass through such intervening
					 natural or artificial barricade.
Blaster
-any person employed by a primary
					 licensee who detonates or otherwise effects the explosion of an explosive by
					 loading, arming or firing an explosive or who is in immediate personal charge
					 and supervision of one or more other persons engaged in such activity.
Combustible
- any material with a flash
					 point above 140° Fahrenheit and less than 200° Fahrenheit.
Dealer
- any person engaged in the
					 wholesale or retail business of buying and selling explosives, provided that
					 should a manufacturer-distributor make sales to users, such manufacturer shall
					 not be required to obtain an additional license as a dealer.
Dealer-Distributor
- any person engaged in
					 the wholesale or retail business of buying and selling, or distribution of
					 explosives, provided that should a manufacturer make sales to users, such
					 manufacturer shall not be required to obtain an additional license as a
					 dealer.
Deputy Secretary of Public Safety
					 Services
-the deputy secretary for Public Safety in the Department of
					 Public Safety and Corrections, or his designee.
Emergency Contact Telephone Number
-a
					 telephone number that will be answered by a knowledgeable company
					 representative who can answer questions about the company's product stored in
					 said company's licensed explosive magazine twenty four hours daily seven days
					 per week including holidays. The contact person shall also have the ability to
					 provide or effect a timely response in the event of an emergency or an incident
					 requiring a response.
Explosives
- any chemical compound,
					 mixture, or device, the primary or common purpose of which is to function by
					 explosion. The term includes but is not limited to dynamite and other high
					 explosives, black powder in quantities in excess of 5 pounds, pellet powder,
					 initiating explosives, detonators, safety fuses, squibs, detonating cord,
					 igniter cord, and igniters. The term
explosives
further
					 includes but is not limited to the following.
1.
Binary
(
phosphoric
)-
					 two or more unmixed, commercially manufactured prepackaged chemical substances
					 including oxidizers, flammable liquids or solids, or similar substances that
					 are not independently classified as explosives but which when mixed or combined
					 form a mixture that is classified as an explosive and that is intended for
					 blasting.
2.
Blasting Agent
- any material or mixture,
					 consisting of fuel and oxidizer, intended for blasting, not otherwise defined
					 as an explosive; provided, that the finished product, as mixed for use or
					 shipment, cannot be detonated by means of a number eight test blasting cap when
					 unconfined.
3.
Detonator
- any device containing an
					 initiating or primary explosive that is used for initiating detonation in
					 another explosive material. A detonator may not contain more than 10 grams of
					 total explosives by weight, excluding ignition or delay charges. The term
					 includes but is not limited to electric blasting caps of instantaneous and
					 delay types, blasting caps for use with safety fuses, detonating cord delay
					 connectors, and nonelectric instantaneous and delay blasting caps which use
					 detonating cord, shock tube, or any other replacement for electric leg wires.
					 When used in this Chapter, the term
cap
shall have the same
					 meaning as the term
detonator
.
4. The term
explosive
shall not include
					 smokeless powder when used in sporting arms.
Factory Building
- any building or other
					 structure, except, magazines, containing explosives 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. The definition does not include private
					 residences or shop buildings where hand loading of small arms ammunition is
					 being carried on.
Flammable
- any material with a flash point
					 of 140° Fahrenheit or less.
Handler
-a person who touches, moves, or
					 otherwise handles explosives but does not detonate or otherwise effect the
					 explosion of explosives by loading, arming or firing the explosive. The license
					 issued to a handler shall not be used by a blaster or user who uses explosives
					 as an ultimate consumer. However, an individual with a blaster's license may
					 engage in the activities of a handler without a handler's license.
Highway
- any public street or public road,
					 public highway, alley or thoroughfare. Public highways of Class A to D as
					 applied to the American Table of Distances for Storage of Explosives are
					 highways with an average traffic volume of three thousand or less vehicles per
					 day as specified in American Civil Engineering Practice (Abbett, Volume 1,
					 Table 46, Section 3-74 Edition, John Wiley and Sons).
Inhabited Building
-any building or
					 structure regularly used in whole or part as a place of human habitation, also
					 any church, school, store, railway passenger station, airport terminal for
					 passengers, and any other building or structure where people are accustomed to
					 congregate or assemble, but excluding buildings or structures occupied in
					 connection with the manufacture, transportation, storage and use of explosives.
					 A building, such as an office building or repair shop, which is part of the
					 premises of an explosives licensee and is used in connection with the
					 manufacture, transportation, storage, or use of explosives is not an inhabited
					 building.
Local Office
- as applies to a user, means
					 a structure, place of rental, such as an apartment or motel, or a movable such
					 as a barge, ship or vehicle in the vicinity of the storage container.
Magazine
- any building, structure, or
					 device used for temporary or permanent storage of explosives. There shall be
					 five types of magazines built and/or constructed in accordance with the rules
					 and regulations promulgated pursuant to this Chapter. This definition does not
					 apply to the storage of explosives in underground mining operations.
Magazine License Number
-the number of a
					 specific magazine license assigned to a specific magazine by Louisiana
					 Department of Public Safety, Explosive Control Unit.
Manufacturer
- a person engaged in the
					 manufacture, compounding, or combining of explosives
Manufacturer-Distributor
- a person engaged
					 in the manufacture, compounding, combining, or distribution of
					 explosives.
Natural Barricade
- natural features of the
					 ground such as hills, or timber of sufficient density that the surrounding
					 exposures which require protection cannot be seen when the trees are bare of
					 leaves.
Offshore
- any work performed at locations
					 accessible only by air or water when the work location is totally surrounded by
					 water and explosives are secured and attended.
Oxidizer
-any material that may, generally
					 by yielding oxygen, cause or enhance the combustion of other materials.
Person
- any individual, corporation,
					 company, association, firm, partnership, society, or joint stock
					 company.
Primary Licensee
-the responsible party
					 holding a valid manufacturer, dealer-distributor or user license.
Purchase
and its various forms- includes
					 acquisition of any explosive by a person with or without consideration.
Railroad
- any steam, electric, diesel
					 electric, or other railroad or railway which carries passengers for
					 hire.
Sale
and its various forms- includes
					 delivery of an explosive with or without consideration.
Secured Area
-any location that is either
					 locked or under the immediate control of a licensee.
Temporary
-no more than 48 hours.
Unauthorized Persons
- persons not employed
					 by the licensed company or authorized by the licensed manufacturer,
					 dealer-distributor or user.
User
- a person who, as an ultimate
					 consumer of an explosive, purchases the same from a dealer-distributor or
					 manufacturer or means a dealer or manufacturer who uses an explosive as an
					 ultimate consumer.
Vessel
-any description of watercraft used
					 or capable of being used as a means of transportation on water.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.