Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 231 - Manufacturing, Storage, Handling, and Use of Explosive Materials › Rule 661-231.1 - Explosive Materials

Current through Register Vol. 47, No. 3, July 24, 2024
NFPA 495, "Explosive Materials Code," 2001 edition, is hereby
				adopted by reference as the rules governing the manufacture, transportation,
				storage, and use of explosive materials in the state of Iowa, with the
				following amendments:
Delete the phrase "authority having jurisdiction" wherever it
				occurs and insert in lieu thereof the phrase "fire marshal."
Delete the phrases "issuing authority" and "permit-issuing
				authority" wherever they occur and insert in lieu thereof the phrase "fire
				marshal."
Amend Section
				1.3 to
				read as follows:
1.3 Equivalency.
Nothing in this code is intended to prevent the use of systems,
				methods, or devices of equivalent or superior quality, strength, fire
				resistance, effectiveness, durability, and safety over those prescribed by this
				code. Any request for approval to use systems, methods, or devices other than
				those specified in this chapter shall be submitted to the fire marshal as a
				request for a waiver of a rule as provided by rule 661-5.15 (17A,100).
Delete Sections 4.1.5, 4.1.6, 4.1.9, 4.1.9.1, 4.2.3,
				4.3
				through 4.3.2,
				4.4
				through 4.4.5, 4.5.2, 4.5.3,
				4.6
				through 4.6.3,
				4.7
				through 4.7.4, 4.8.6, 4.9.2, and 4.9.3.
Amend Sections
				4.2,
				4.2.1, 4.2.2,
				4.5, 4.5.1,
				4.8.1, 4.8.3, 4.8.4, and 4.9.1 by deleting the word "permit" wherever it occurs
				and inserting in lieu thereof the word "license" and by deleting the word
				"permits" wherever it occurs and inserting in lieu thereof the word
				"licenses."
Add the following new section:
4.2.4 A person who has a current, valid permit to use
				explosives, which has been issued by a sheriff or police chief pursuant to Iowa
				Code section
				101A.3,
				may purchase, possess, transport, store, and use explosive materials within the
				jurisdiction of the sheriff or police chief who issued the permit. Any
				purchase, possession, transportation, storage, or detonation of explosive
				materials by a person with a current, valid permit that has been issued by a
				sheriff or police chief is strictly limited to the conditions expressly stated
				in the permit. Possession of a permit creates no obligation on the part of any
				vendor of explosive materials to supply such materials to the holder of the
				permit.
Amend Section 8.4.6 to read as follows:
8.4.6 Any person who stores explosive materials shall notify
				the local fire department having jurisdiction for fire safety in the locality
				in which the explosive materials are being stored of the type, magazine
				capacity, and location of each 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. A fire department which has received
				information pursuant to this section may redisseminate the information to the
				state fire marshal, another fire department which is responding to a fire or
				other incident at the location at which the explosives are stored, or to a law
				enforcement agency. Information received by a fire department pursuant to this
				section shall not be redisseminated except as provided in this section.
Amend Section 8.6.3 to read as follows:
8.6.3 Type 3 Magazines. A Type 3 magazine shall be a "day box"
				or portable structure used for the temporary storage of explosive materials. A
				Type 3 magazine shall be fire resistant, theft resistant, and weather
				resistant.
(1) The magazine shall be
			 equipped with one steel padlock (which shall not be required to be protected by
			 a steel hood) having at least five tumblers and a case-hardened steel shackle
			 at least 9.5 mm (3/8 in.) in diameter. Doors shall overlap the sides by at
			 least 25.4 mm (1 in.). Hinges and hasps shall be attached by welding, riveting,
			 or bolting (nuts on inside).
(2)
			 The magazine shall be constructed of not less than 12-gauge [2.66-mm
			 (0.1046-in.)] steel, lined with at least 12.7-mm(½ -in.) plywood or
			 12.7-mm(½ -in.) masonite-type hardboard.
(3) Type 3 magazines containing explosive
			 materials shall be within line-of-site vision of a blaster or, if not within
			 line-of-site vision of a blaster, shall be secured if in a vehicle or in a
			 secure building, facility, or area.
This rule is intended to implement Iowa Code section
				101A.5.