Title 25, Chapter 2, Section 17
( 25-2-17)
(a) As used in this Code section, the term "explosive" or
"explosives" means any chemical compound or mechanical mixture which
is commonly used or intended for the purpose of producing an
explosion, which compound or mixture contains any oxidizing and
combustible units or other ingredients in such proportions,
quantities, or packing that an ignition by fire, by friction, by
concussion, by percussion, or by detonator of any part of the
compound or mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or of destroying
life or limb. Explosives constitute a special hazard to life and
safety of persons because of the danger incident to their
manufacture, transportation, use, sale, and storage. (b) Every person who manufactures, transports, uses, sells, or
stores explosives shall so manufacture, transport, use, sell, and
store them as to afford every precaution and protection against
injury to persons as the Commissioner may determine and by rule
declare to be reasonable and practical; provided, however, that
nothing contained in this Code section shall be construed to extend
to storage, use, or sale of small arms ammunition. (c) The Commissioner is directed to investigate and examine the
nature and properties of various explosives and known safety and
protective techniques, including the safety standards,
recommendations, and codes of the National Fire Protection
Association (Explosives Ordinance, National Fire Code), and the
American Insurance Association, the successor to the National Board
of Fire Underwriters. Based upon the investigation, the Commissioner
is authorized to determine and by rule to provide what reasonable
and practical protection must be afforded persons with respect to
the manufacture, transportation, use, sale, and storage of
explosives. (d) No person shall manufacture, transport, use, sell, or store explosives without having first obtained a license therefor issued by the Commissioner in accordance with reasonable rules established by him. The Commissioner is authorized to make reasonable rules providing for the issuance of such licenses on an annual basis to those applicants who have observed and may be expected to observe safety rules lawfully made under this Code section. Graded fees for such licenses shall be as provided in Code Section 25-2-4.1. The permits for the use only of explosives may be issued by judges of the probate courts or other local elected officials whom the Commissioner may designate. Fees for such permits to use explosives shall be $2.00 for each permit issued, which fee shall be retained by the issuing local official. (e) Every person licensed under this Code section who suffers a
larceny or attempted larceny of primer cord, blasting agents,
powders, and dynamite shall make a report thereof to local law
enforcement agencies and to the state fire marshal, in accordance
with rules made by the Commissioner. The Commissioner is authorized
to make such rules. |