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Subpart 39.2

Definitions. As used in this Part (rule) the following terms mean:

(a) Acceptable. Satisfactory to the commissioner as complying with the provisions of this Part (rule).

(b) Approved. In respect to a device or material; in compliance with a subsisting resolution of approval adopted by the board; in respect to action by the board; made the subject of a resolution of approval.

(c) Blaster. A designated person in charge of blasting operations who is at least 21 years of age; who has training, knowledge and experience in the transportation, storage, handling, use and destruction of explosives; who is in adequate physical condition to perform the work of blasting; who is not addicted to the use of narcotics, intoxicants or similar types of drugs; and who is able to understand and give written and verbal orders in the English language.

(d) Blasting agent. Any material or mixture consisting of a fuel and an oxidizer intended for blasting, in which none of the ingredients are classified as an explosive, and which, when mixed for use or shipment, cannot be detonated by a number eight test blasting cap while unconfined. A number eight test blasting cap is one containing two grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or any blasting cap of equivalent strength. 

(e) Board. The Board of Standards and Appeals of the State of New York.

(f) Certificate of competence. A document issued to a blaster by the commissioner in accordance with the provisions of this Part (rule).

(g) Commissioner. The Industrial Commissioner of the State of New York.

(h) Department. The Department of Labor of the State of New York.

(i) Designated person. A person selected and directed by an employer or by the employer's authorized agent to perform a specific task or duty 

(j) Detonators. Fuse blasting caps, instantaneous and delay electric blasting caps, detonator cord, nonelectric blasting devices and detonating cord connectors.

(k) Explosives. The term explosives is defined in subdivision 1 of section 451 of the Labor Law, but shall not be deemed to include any of the following:

(1) Matches that will not ignite spontaneously when subjected for eight consecutive hours to a temperature of 200 degrees Fahrenheit in a properly conducted laboratory test.

(2) Firecrackers, the explosive content of which does not exceed 12 grains each in weight when packed in strong, tight, sparkproof, wooden barrels or wooden or fibreboard boxes.

(3) Fixed ammunition for small arms, such as is used in pistols, revolvers and rifles, which do not exceed 0.50 inches caliber, in shotguns and similar firearms or in machine guns with nonexplosive bullets, when packed in pasteboard or other similar inside boxes in strong wooden or fibreboard outside boxes or metal containers.

(4) Primers for small arms when packed in cellular inside packages with partitions separating the layers and columns of the primers in strong, tight outside wooden boxes.

(5) Safety fuse, consisting of a core of black powder overspun with yarns, tapes and/or waterproofing compound, and packed in outside fibreboard boxes, wooden boxes, wooden barrels, bales or metal containers.

(6) Any of the above when in their completed form and temporarily loosely stored in vented containers at the place of their manufacture prior to packaging or after removal from their original containers or packages prior to lawful use.

(l) High explosives.  Explosive materials which can be caused to detonate by means of a blasting cap when unconfined as, for example, dynamite.

(m) License. A document issued by the commissioner in accordance with the provisions of section 458 of the Labor Law and of this Part (rule).

(n) Low explosives.  Explosive materials which can be caused to deflagrate when confined as, for example, black powder.

(o) Permanent magazine.  A nontransportable magazine used for permanent storage of explosives.

(p) Portable magazine. A transportable magazine used for temporary storage of needed explosives at a job site.

(q) Pyrotechnics. Any combustible or explosive compositions of manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks, including signaling devices such as flames, fuses and torpedoes.

(r) Sporting use of black powder. The use of black powder in competitive shooting matches, individual target shooting practice and in hunting.

(s) Storage magazine. Facilities for the storage of explosives of which there shall be five types as follows:

(1) Type 1. Permanent facilities for the storage of high explosives. Other classes of explosives may also be stored therein.

(2) Type 2 . Portable indoor or outdoor facilities for the storage of high explosives. Other classes of explosives may also be stored therein.

(3) Type 3. Portable outdoor facilities for the temporary storage of high explosives while attended.

(4) Type 4. Facilities for the storage of low explosives. Blasting agents may also be stored therein.

 (5) Type 5. Facilities for the storage of blasting agents.


Historical Note: Sec. amds. filed: March 23, 1972; June 22, 1973 eff. Aug. 1, 1973.  Renum. (r) to (s) and added new (r).

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