Chapter 71. Sale, Purchase, Receipt, Posses- Sion, Transportation, Use, Safety and Control Of Explosive Materials
TITLE 16
Health and Safety
Safety
CHAPTER 71. SALE, PURCHASE, RECEIPT, POSSES- SION, TRANSPORTATION, USE, SAFETY AND CONTROL OF EXPLOSIVE MATERIALS
§ 7101. Scope.
This chapter is intended to supplement the requirements of any federal laws and regulations promulgated by any federal department or agency. This chapter shall apply to the sale, purchase, possession, receipt, transportation and use of explosive materials as provided herein, but shall not apply to:
(1) Explosive materials while in the course of transportation via railroad, water, highway or air when the explosive materials are moving under the jurisdiction of and in conformity with regulations adopted by any federal department or agency;
(2) The laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or to explosive materials in the forms prescribed by the official United States Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;
(3) The normal and emergency operations of any government, including all departments, agencies and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;
(4) Explosive materials for delivery to any government or any departments, agencies and divisions thereof;
(5) Pyrotechnics commonly known as fireworks, including signaling devices such as flares, fuses and torpedoes;
(6) Small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 [18 U.S.C. § 921 et seq.] and regulations promulgated thereunder;
(7) Gasoline, fertilizers and propellant-actuated power devices or tools;
(8) Any type of black powder in quantities of less than 5 pounds.
16 Del. C. 1953, § 7101; 58 Del. Laws, c. 498, § 1.;
§ 7102. Definitions.
As used in this chapter:
(1) "Crime punishable by imprisonment for a term exceeding 1 year" shall not mean (i) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices or (ii) any state offense (other than one involving a firearm or explosive material) classified by the laws of any state as a misdemeanor and punishable by a term of imprisonment of 2 years or less.
(2) "Distribute" shall mean to issue, give, transfer or otherwise dispose of.
(3) "Explosive-actuated devices" shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants.
(4) "Explosive materials" means explosives, blasting agents and detonators as follows:
a. "Explosives" means 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, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters and those materials included in the list published annually in the Federal Register by the Secretary of the Treasury pursuant to the Organized Crime Control Act of 1970 [18 U.S.C. § 841 et seq.].
b. "Blasting agent" means 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 numbered 8 test blasting cap when unconfined.
c. "Detonator" means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.
(5) "Fugitive from justice" shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term shall also include any person who has been convicted of any crime and has fled to avoid imprisonment.
(6) "Issuing authorities" shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate.
(7) "Person" means any individual, corporation, company, association, firm, partnership, society or joint stock company.
(8) "Propellant-actuated power devices or tools" shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. It does not include explosive-actuated devices.
16 Del. C. 1953, § 7102; 58 Del. Laws, c. 498, § 1.;
§ 7103. General provisions.
(a) Loading explosive materials into railroad cars near passenger tracks; penalty. --
(1) No person shall load explosive materials into cars on any railroad in this State within 100 yards of the bed of the regular track used in carrying passengers.
(2) Whoever engages or participates in any way in loading or putting explosive materials into cars standing within 100 yards of the regular bed of any railroad engaged in carrying passengers in this State shall be fined $1,000 or imprisoned for 6 months, or both.
(b) Delivering explosive materials to warehouseperson or carrier without disclosure and marking; penalty. -- Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials without first disclosing to the warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, the character of the contents of such keg, can or package and without also having plainly marked or stamped on every such keg, can or package the true nature of the contents thereof, shall, for each offense, be fined not more than $1,000 or imprisoned not more than 6 months, or both.
(c) False representations or false marking of package containing explosive materials; penalty. -- Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials which keg, can or package is falsely marked as to its contents, or whoever, at the time of such delivery, makes a false and fraudulent statement as to the character of the contents of any such keg, can or package to any such warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, whereby such warehouseperson or carrier, the warehouseperson's or carrier's proper agents or servants, are deceived and misled as to the explosive and dangerous qualities of the contents of such keg, can or package, shall, for each offense, be fined not more than $2,000 or imprisoned not more than 1 year, or both.
16 Del. C. 1953, § 7103; 58 Del. Laws, c. 498, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7104. Purchase, receipt and possession.
(a) License. -- It shall be unlawful for any person to purchase, receive or possess explosive materials in the State without obtaining a license from the issuing authorities.
(b) Federal license or permit. -- Any person who possesses a license or permit under Title XI of the Organized Crime Control Act [18 U.S.C. § 841 et seq.] properly covering the activities of such person shall not be required to obtain a license under this section.
16 Del. C. 1953, § 7104; 58 Del. Laws, c. 498, § 1.;
§ 7105. Sale.
No person shall sell or distribute explosive materials to any person without first obtaining a copy of the license which authorizes the distributee to purchase, receive or possess explosive materials as provided in this chapter; provided that such person shall not be required to again obtain a copy of said license during the effective term shown on said license.
16 Del. C. 1953, § 7105; 58 Del. Laws, c. 498, § 1.;
§ 7106. Licensed blasters.
(a) License. -- It shall be unlawful for any person to use explosive materials unless such person, or if such person is a business entity, an employee of such person using such explosive materials, possesses a blaster's license issued by the issuing authorities having jurisdiction over the locality in which such materials are used. The blaster's license must conform to the class and use as provided in subsection (e) of this section and be carried on the person of each such individual during the use of the explosive materials.
(b) Use. -- Use of explosive materials shall include all applications of explosives for any purpose whatsoever, unless specifically exempted by subsection (c) of this section.
(c) Use does not include. -- For purposes of this section, use does not include any type of commercial manufacturing or research conducted in laboratories of commercial or educational institutions.
(d) Qualifications. -- Blaster's licenses will be issued only to a natural person and shall bear the person's name, address and photograph. In addition to the qualifications specified in § 7107 hereof, such person must satisfy each of the following qualifications:
(1) Present evidence of training, knowledge and experience in the transporting, storing, handling and use of explosive materials.
(2) Be able to understand and give written and oral orders.
(3) Be knowledgeable of federal, state and local laws and regulations pertaining to explosive materials.
(4) Be able to pass a qualifying written or oral examination as required by the issuing authorities.
(5) Be physically and mentally fit for the work required.
(6) Such other requirements as the issuing authorities are hereby authorized to prescribed by regulations.
(e) Classes of license. -- Blaster's license shall be issued by the issuing authorities and shall include the following classes of licenses:
|
Class |
Category |
Description |
|
A |
Unlimited |
All types of blasting. |
|
B |
General Above Ground |
All phases of blasting operations in quarries, open pit mines, above ground construction. |
|
C |
General Underground |
All phases of blasting operations, in underground mines, shafts, tunnels and drifts. |
|
D |
Demolition |
All phases of blasting in demolition projects. |
|
E |
Seismic Prospecting |
All phases of blasting in seismic prospecting. |
|
F |
Agriculture |
All phases of blasting in agriculture but limited to not more than 50 lbs. per blast. |
|
G |
Special |
Special blasting as described on the permit. |
Special blasting as described on the permit.
16 Del. C. 1953, § 7106; 58 Del. Laws, c. 498, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7107. Administration.
(a) Application. -- Applications for license hereunder shall be made to the issuing authorities having jurisdiction over the locality for which license is requested on forms and as prescribed in regulations issued by such authorities.
(b) License fees. -- License fees shall be paid at the time of application in the amount of $10.
(c) Qualifications. -- No issuing authorities shall issue any license to any person unless:
(1) The applicant is at least 21 years of age, or if a business entity, properly qualified to do business in the State.
(2) The applicant has not been convicted of a wilful violation of any provisions of this chapter.
(3) The applicant has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive in connection with the application.
(4) The applicant has certified in writing familiarity and understanding of all published federal, state and local laws relating to explosives at the location of the applicant's activities.
(5) The applicant has not been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
(6) The applicant is not a fugitive from justice.
(7) The applicant is not an unlawful user of or addicted to marijuana (as defined in § 4761 of the Internal Revenue Code of 1954 [Repealed]) or any depressant or stimulant drug (as defined in § 201(2) of the Federal Food, Drug and Cosmetic Act [Obselete]), or narcotic drug (as defined in § 4731(a) of the Internal Revenue Code of 1954 [Repealed]).
(d) Posting and possession of licenses. -- Licenses issued under this chapter, except as otherwise provided with respect to blaster's licenses, shall be kept posted on premises or on the person of the licensee and be available for inspection.
(e) Licensed locations and activities. -- Each license issued under this chapter shall specify the licensee, the licensed activity, its effective date and its expiration date.
(f) Regulations and forms. -- The administration of this chapter shall be vested in the issuing authorities who are authorized to:
(1) Prescribe such rules and regulations as are deemed reasonably necessary to carry out this chapter. The issuing authorities shall give reasonable public notice and afford to interested parties opportunity for hearing prior to prescribing such regulations.
(2) Prescribe forms required for the administration of this chapter.
(g) Right of inspection and disclosure. -- The issuing authorities or their designees may enter during business hours the premises (including places of storage) of any licensee for the purpose of inspecting or examining (1) any records or documents kept by such licensee, and (2) any explosive materials kept or stored by such licensee. Upon the request of any federal agency, the issuing authorities shall make available any information which it may obtain by reason of this section with respect to the identification of persons within the State who have purchased or received explosive materials, together with a description of such explosive materials.
(h) Denial or revocation of license. -- A license under this chapter may be denied or revoked for failure to comply with or satisfy the requirements of any provision of this chapter and for any of the following reasons:
(1) Noncompliance with any order of the applicable issuing authorities.
(2) Proof that the applicant or licensee has been convicted of a crime punishable by imprisonment for more than 1 year.
(3) Proof that the applicant or licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow or violent action against any federal, state or local government, or any individuals therein.
(4) Proof that the applicant or licensee suffers from a mental or physical defect which makes applicant or licensee unfit for the work required.
(5) Violation by the applicant or licensee of any provision of any law or regulation relating to explosive materials or proof that false information was given or misrepresentation made to obtain the license.
(6) Failure by the applicant or licensee to advise the issuing authorities of any change in a material fact supplied in the application.
In any case where the issuing authorities deny or revoke a license, they promptly will notify the applicant or licensee of the basis for the revocation or denial and afford the applicant or licensee an opportunity for a hearing in the manner prescribed by the regulations of the issuing authorities.
(i) Renewal. -- Licenses issued under this chapter shall be effective for not more than 2 years and may be renewed as the issuing authorities may prescribe by regulations.
(j) Emergency variations. -- Issuing authorities may approve variations from the requirements of this chapter when they find that an emergency exists and that the proposed variations from the specific requirements (1) are necessary and (2) will not hinder the effective administration of this chapter.
16 Del. C. 1953, § 7107; 58 Del. Laws, c. 498, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7108. Authority to purchase in contiguous states.
Any person who is a resident of the State and who uses explosive materials in the conduct of business or occupation may lawfully purchase explosive materials from a seller located or residing in a state contiguous to the State, provided such person is properly licensed under this chapter.
16 Del. C. 1953, § 7108; 58 Del. Laws, c. 498, § 1.;
§ 7109. Records.
(a) Records required. -- It shall be unlawful for any person willfully to purchase, possess, receive, sell or distribute explosive materials in the State without keeping records as specified in this section.
(b) Contents of records. -- Records of purchases, possession and receipts of explosive materials shall be maintained by the persons purchasing, possessing and receiving the explosive materials and shall include the date of the transaction, the name, address and license or permit number of the person from whom received, the name of the manufacturer and importer (if any), the manufacturer's marks of identification (if any), and the quantity and description of explosive materials. With respect to explosive materials sold or distributed, the seller or distributor shall record the name, address and license or permit number of the distributee, the date of transaction, the name of the manufacturer and importer (if any), the manufacturer's marks of identification (if any), and the quantity and description of the explosive materials.
(c) False entry. -- It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which the licensee or permittee is required to keep pursuant to this section or regulations promulgated under subsection (f) of § 7107 of this title.
(d) Record retention. -- Any record required by this chapter or regulations promulgated under its provisions shall be retained by the licensee or permittee for not less than 5 years from the date of the transaction recorded.
16 Del. C. 1953, § 7109; 58 Del. Laws, c. 498, § 1; 70 Del. Laws, c. 186 § 1.;
§ 7110. Safety.
The issuing authorities are authorized to issue such safety regulations as are deemed by the issuing authorities to be necessary in their respective jurisdictions.
16 Del. C. 1953, § 7110; 58 Del. Laws, c. 498, § 1.;
§ 7111. Notice to affected persons.
Any person engaged in blasting shall make reasonable efforts to notify persons residing in areas that may be affected by blasting, and businesses, schools, churches and other public and private enterprises located in areas that may be affected by blasting of the intent to engage in blasting and the schedule for blasting, including the dates and times during which the person will engage in blasting. For purposes of this section, "any person" shall not include law enforcement officers acting within the scope of their duties.
75 Del. Laws, c. 401, § 1.;
§ 7112. Transportation.
It shall be unlawful for any person to transport explosive materials in violation of the regulations relating to the transportation of explosive materials. Issuing authorities are authorized to issue regulations covering the transportation of explosive materials in their areas of jurisdiction. Compliance with applicable regulations of the United States Department of Transportation issued pursuant to 18 U.S.C., §§ 831 through 835 of the United States Code [18 U.S.C. §§ 832-835 repealed], and such other federal regulations as exist or are adopted from time to time, shall be deemed compliance with this chapter and the regulations issued hereunder.
16 Del. C. 1953, § 7111; 58 Del. Laws, c. 498, § 1; 75 Del. Laws, c. 401, § 1.;
§ 7113. Penalties.
Any person violating this chapter, other than § 7103 of this title, or any rules or regulations made thereunder: (1) Shall for each offense be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year, or by both such fine and imprisonment, and any license issued under this chapter shall be subject to revocation for such period as the applicable issuing authorities deem appropriate; (2) and, if such violation was committed with the knowledge or intent that any explosive material involved was to be used to kill, injure or intimidate any person or unlawfully to damage any real or personal property, the person committing such violation shall be guilty of a felony and for each offense be fined not more than $10,000 or imprisoned for not more than 10 years, or both; (3) and if personal injury results, shall be guilty of a felony and imprisoned for not more than 20 years or fined not more than $20,000 or both; (4) and if death results, shall be guilty of a felony and subject to imprisonment for any term of years or for life.
The Superior Court shall have exclusive jurisdiction of violations of this chapter.
16 Del. C. 1953, § 7112; 58 Del. Laws, c. 498, § 1; 75 Del. Laws, c. 401, § 1.;
§ 7114. Limitation on legislation.
This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by this chapter.
16 Del. C. 1953, § 7113; 58 Del. Laws, c. 498, § 1; 75 Del. Laws, c. 401, § 1.;