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Subpart 39.1


(a) This Part (rule) shall apply throughout the State of New York to any person who manufactures, deals in, sells, gives or disposes, purchases, owns, possesses, stores, transports or uses explosives except within the territorial boundaries of cities having more than 1,000,000 inhabitants. This Part (rule) shall not supersede but shall apply in conjunction with other Industrial Code Parts (rules) regulating particular industries, trades, occupations or processes which require the use of explosives.

(b) This Part (rule) shall not apply to the following:

(1) The armed forces of the United States, the National Guard, the State Guard or to duly constituted police and firefighting forces of the State and its civil and political subdivisions.

(2)Explosives being transported in compliance with Federal law or regulations.

(3)The authorized use (public display) of pyrotechnics, commonly known as fireworks, including but not limited to ground displays, aerial displays, aerial bombs and other signaling devices such as flares.

(4) Explosives known as pest control devices which contain 20 grains or less of explosive materials and which are used in agricultural operations for crop protection.

(c) Manufacturers of pyrotechnics as defined by this Part (rule) shall continue to be subject to the provisions of Industrial Code Part (rule) 37, relating to Manufacturing, Handling and Storage of Military Pyrotechnics, in addition to the requirements of this Part (rule).

(d) Explosives shall not be detonated in violation of the requirements of subdivisions 1 and 2 of section 322-a of the General Business Law of New York State relating to operations carried out in the vicinity of public utility facilities.

Historical Note: Sec. amd. filed March 23, 1972 eff. April 1, 1972. New sec. substituted.


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