Sec. 29-349. (Formerly Sec. 29-89). Storage, transportation and use of explosives and blasting agents. Licenses, permits: Fees, suspension or revocation. Penalty. Jurisdiction of Labor Commissioner.
Sec. 29-349. (Formerly Sec. 29-89). Storage, transportation and use of explosives and blasting agents. Licenses, permits: Fees, suspension or revocation. Penalty. Jurisdiction of Labor Commissioner. (a) The Commissioner of Public Safety
shall have exclusive jurisdiction in the preparation of and may enforce reasonable regulations for the safe and convenient storage, transportation and use of explosives and blasting agents used in connection therewith, which regulations shall deal in particular with
the quantity and character of explosives and blasting agents to be stored, transported
and used, the proximity of such storage to inhabited dwellings or other occupied buildings, public highways and railroad tracks, the character and construction of suitable
magazines for such storage, protective measures to secure such stored explosives and
blasting agents and the abatement of any hazard that may arise incident to the storage,
transportation or use of such explosives and blasting agents.
(b) No person, firm or corporation shall engage in any activity concerning the storage, transportation or use of explosives unless such person, firm or corporation has
obtained a license therefor from the Commissioner of Public Safety. Such license shall
be issued upon payment of a fee of one hundred dollars and upon submission by the
applicant of evidence of good moral character and of competence in the control and
handling of explosives, provided, if such license is for the use of explosives, it may be
issued only to an individual person after demonstration that such individual is technically
qualified to detonate explosives. Any such license to use explosives shall bear both the
fingerprints of the licensee obtained by the Commissioner of Public Safety at the time
of licensing, and the licensee's photograph, furnished by the licensee, of a size specified
by the commissioner and taken not more than one year prior to the issuance of the license.
Each such license shall be valid for one year from the date of its issuance, unless sooner
revoked or suspended, and may be renewed annually thereafter upon a payment of
seventy-five dollars.
(c) The Commissioner of Public Safety shall require any applicant for a license
under this section to submit to state and national criminal history records checks. The
criminal history records checks required pursuant to this subsection shall be conducted
in accordance with section 29-17a.
(d) No person shall manufacture, keep, store, sell or deal in any explosives unless
such person has a valid license under the provisions of subsection (b) of this section
and obtains from the Commissioner of Public Safety or from the fire marshal of the
town where such business is conducted a written permit therefor, which permit shall
not be valid for more than one year and for which such person shall pay a fee of fifty
dollars. If the permit is issued by the Commissioner of Public Safety, the commissioner
shall forward a copy thereof to the local fire marshal. Such permit so granted shall
definitely state the location of the building where such business is to be carried on or
such explosive deposited and shall state that such building or premises complies with
the regulations provided for in this section.
(e) No person shall procure, transport or use any explosives unless such person has
a valid license under subsection (b) of this section and has obtained a written permit
therefor signed by the Commissioner of Public Safety or by the fire marshal of the town
where such explosive is to be used, specifying the name of the purchaser, the amount
to be purchased and transported and the purpose for which it is to be used. Any such
permit to use explosives shall state the number of years the permittee has been engaged
in blasting activity. Such permit shall be valid for such period, not longer than one year,
as is required to accomplish the purpose for which it was obtained. No carrier shall
transport any such explosive until the vehicle transporting the explosive has been inspected and approved by the Department of Public Safety and unless such written permit
accompanies the same and no person shall have in such person's possession any such
explosive unless such person has a license and permit therefor. The fee for such inspection shall be fifty dollars. The fee for such permit shall be thirty dollars. Each person
who has in such person's custody or possession any explosive or any detonating caps for
explosives shall keep the same either under personal observation or securely locked up.
(f) Any license or permit issued under the provisions of this section may be suspended or revoked by the issuing authority for violation by the licensee or permittee of
any provision of law or regulation relating to explosives or conviction of such licensee
or permittee of any felony or misdemeanor. Suspension or revocation of a license shall
automatically suspend or revoke the permit and the suspension or revocation of a permit
shall automatically suspend or revoke the license.
(g) Any person who, by himself or herself or by such person's employee or agent
or as the employee or agent of another, violates any provision of this section, or any
regulation made by the Commissioner of Public Safety pursuant to the provisions of
this section, shall be fined not more than ten thousand dollars or imprisoned not more
than ten years or both.
(h) As used in this section, "blasting agent" means any material, composition or
mixture intended for blasting, consisting substantially of a fuel and oxidizer, none of
the ingredients of which is an explosive as defined in section 29-343, and the finished
product of which as mixed and packaged for use or shipment cannot be detonated by
the test procedure established by regulations adopted by the Commissioner of Public
Safety in accordance with chapter 54.
(i) Notwithstanding the provisions of this section, the Labor Commissioner shall
regulate the storage, transportation and use of explosives and blasting agents in places
of employment insofar as such activities relate to employee health and safety, provided
such regulations shall be no less stringent than those prepared and enforced by the
Commissioner of Public Safety pursuant to this section.
(1949 Rev., S. 4137; 1957, P.A. 571; 1959, P.A. 281; 1971, P.A. 391, S. 3; 1972, P.A. 98, S. 1; P.A. 73-132, S. 4; P.A.
77-614, S. 486, 610; P.A. 80-297, S. 12, 20; P.A. 87-130; May Sp. Sess. P.A. 92-6, S. 65, 66, 117; P.A. 99-163, S. 6; P.A.
01-175, S. 28, 32; P.A. 05-288, S. 131; June Sp. Sess. P.A. 07-1, S. 150.)
History: 1959 act authorized regulation of blasting agents in Subsec. (a) and added Subsec. (e) defining the term "blasting
agent"; 1971 act authorized regulations re explosives stored near "other occupied buildings" and re "protective measures
to secure such stored explosives and blasting agents", inserted new Subsec. (b) re licenses, relettered remaining Subsecs.,
revised Subsec. (c), formerly (b), to specify required permit, required that permit state number of years permittee has
engaged in blasting activities, limited period of validity and imposed $2 fee for permit, rather than $0.25 fee in Subsec.
(d), formerly (c), inserted new Subsecs. (e) and (f) re required proof of financial responsibility and re suspension or
revocation of license or permit and increased maximum fine from $500 to $10,000 and maximum prison term from 1 year
to 10 years in Subsec. (g), formerly (d); 1972 act repealed Subsec. (e), relettering Subsecs. accordingly; P.A. 73-132 added
new Subsec. (h) re labor commissioner's authority to regulate explosives and blasting agents in places of employment;
P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A.
80-297 increased fee for initial license from $25 to $50 and for renewal from $10 to $25 in Subsec. (b); Sec. 29-89 transferred
to Sec. 29-349 in 1983; P.A. 87-130 amended Subsec. (c) to increase permit fee from $5 to $25 and Subsec. (d) to increase
permit fee from $2 to $20; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to raise fee from $25 to $30 and amended Subsec.
(d) to provide that vehicles transporting explosives shall be inspected and approved by the department for an inspection
fee of $25; P.A. 99-163 amended Subsec. (g) by transferring regulatory authority from State Fire Marshal to Commissioner
of Public Safety; P.A. 01-175 added new Subsec. (c) re criminal history records checks in accordance with Sec. 29-17a,
redesignated existing Subsecs. (c) to (h) as Subsecs. (d) to (i) and made technical changes for purposes of gender neutrality
in Subsecs. (b), (d), (e) and (g), effective July 1, 2001; P.A. 05-288 made a technical change in Subsecs. (d) and (e),
effective July 13, 2005; June Sp. Sess. P.A. 07-1 amended Subsec. (b) to increase fee for licensure from $50 to $100, and
renewal fee from $30 to $75, amended Subsec. (d) to increase permit fee from $25 to $50, and amended Subsec. (e) to
increase inspection fee from $25 to $50 and permit fee from $20 to $30, effective July 1, 2007.
See Sec. 29-355 re appeals from orders relating to explosives, blasting agents and gunpowder.
Annotations to former section 29-89:
History and purpose of statute. 77 C. 121. Mere possession of explosives not a nuisance per se. 124 C. 371. Failure to
keep explosives under observation or locked up is negligence per se. Id. Jury could reasonably find that defendant through
her husband as agent violated statute. 130 C. 330. Cited. 199 C. 591.
Only the state police may regulate the handling of explosives. The court may not issue an injunction restraining their
use. 16 CS 21.