act-1937-0-537•Pennsylvania Act 1937-537 — EXPLOSIVES MANUFACTURE, STORAGE AND POSSESSION LAW
Pennsylvania Act 1937-537 — EXPLOSIVES MANUFACTURE, STORAGE AND POSSESSION LAW
act-1937-0-5371937 Pa. Act 537Law
Act text
EXPLOSIVES MANUFACTURE, STORAGE AND POSSESSION LAW
Act of Jul. 1, 1937, P.L. 2681, No. 537 Cl. 35
AN ACT
Relating to, and regulating the manufacture, storing, and
possession of explosives; requiring permits for magazines,
and prescribing permit fees; and providing penalties.
Compiler's Note: Section 1 of Reorganization Plan No.8 of
1981 provided that the functions, powers and duties of
the Department of Labor and Industry with regard to the
storage and possession of explosives, as set forth in Act
537 are transferred to the Department of Environmental
Resources.
Section 1. Be it enacted, &c., That no person shall
manufacture, process, store, or have in his possession any
explosives in this Commonwealth, until all requirements of this
act have been complied with: Provided, That nothing contained in
this act shall be construed to apply to the storage and actual
use of explosives in or in connection with anthracite and
bituminous coal mines and coal mining operations, or clay or
shale mining operations, or in the operation of stone or rock
quarries, or in agricultural work, or to the military and naval
forces of the United States, or to the transportation of
explosives upon vessels or railroad cars when in conformity with
the rules of the Interstate Commerce Commission.
(1 amended May 18, 1949, P.L.1461, No.431)
Section 2. The term "explosives," whenever used in this act,
shall mean and include any chemical compound or other substance
intended for the purpose of producing an explosion, or that
contains oxidizing and combustible units or other ingredients in
such proportions or quantities that ignition by fire, by
friction, by concussion, by percussion, or by detonator, may
produce an explosion capable of causing injury to persons, or
damage to property.
For the purpose of this act, manufactured articles shall not
be held to be explosives when individual units contain
ingredients in such limited quantities and of such nature as not
ordinarily to be classified as an explosive, such as fixed
ammunition for small arms, firecrackers, safety fuse, matches,
and other articles which may be defined from time to time by
regulations of the department.
The term "magazine," as used herein, means any building or
other structure used exclusively for the storage of explosives.
The word "person," as used in this act, shall be construed to
include individuals, copartnerships, associations, and
corporations, as well as the Commonwealth and all political
subdivisions thereof.
Section 3. All persons engaged in the manufacture of
explosives, or any process involving explosives, or where
explosives are used as a component part in the manufacture of
any article or device on the date when this act takes effect,
shall, within sixty days thereafter, and all persons engaging in
the manufacture of explosives, or any process involving
explosives, or where explosives are used as a component part in
the manufacture of any article or device after this act takes
effect, shall, before so engaging, make a report in writing,
subscribed to by such person or his agent, to the Department of
Labor and Industry, the report stating--
(1) The location of place of manufacture or processing.
(2) The kind of explosives manufactured, processed, or used.
Section 4. All persons storing explosives or having
explosives in their possession on the date when this act takes
effect, shall, within sixty days thereafter, and all persons
contemplating the storing of explosives or having same in their
possession after this act takes effect, shall, before obtaining
or storing such explosives, make a report in writing, subscribed
to by such person or his agent, to the Department of Labor and
Industry, the report stating--
(1) The capacity, type of construction, and location of the
magazine, if then existing, or, in case of a new magazine or a
removal of any existing magazine, the capacity, type of
construction, and proposed location of such magazine.
(2) The kind of explosives that are stored or in possession,
or intended to be stored or obtained, and the maximum quantity
involved.
(3) The distance that such magazine is located or intended
to be located from the nearest buildings, magazines, railroads,
and highways.
Section 5. The department shall determine the amount of
explosives that may be stored or placed in magazines and shall
issue a license to the person applying therefor, as hereinafter
provided, such license to stipulate the maximum amount of
explosives permitted.
Whenever any person fails, for thirty days, to pay the annual
license fee hereinafter provided, after the same becomes due or
otherwise violates any of the provisions of this act, the
Secretary of Labor and Industry may cancel such license.
Whenever a license is cancelled for any cause, the Secretary of
Labor and Industry, or his duly authorized representative shall
notify, in writing, the person to whom such license is issued of
the fact of such cancellation, and shall in said notice direct
the removal of all explosives stored in said magazine within a
reasonable time limit, but not to exceed ten days from the
giving of said notice. Failure to so remove the explosives
stored in said magazine within the time specified in said notice
shall constitute a violation of this act.
Section 6. If at any time any governing body or other
authority of any locality may know of any reason why a magazine
or building in which explosives are used or kept is not or
cannot be conducted in accordance with the provisions of this
act, and should not be permitted to operate, upon notifying the
Secretary of Labor and Industry, in writing, or his duly
authorized representative, a hearing may be conducted by the
said Secretary of Labor and Industry or his duly authorized
representative, to show cause why a license should not be issued
or should not be revoked.
Section 7. All explosive plants and all buildings and
magazines wherein explosives are manufactured or stored shall be
located, operated, maintained, equipped, and conducted so as to
provide for the adequate protection for all persons employed in
or about such explosive plants or magazines. The location of
explosive plants with respect to other buildings, railroads, and
highways, and the location of buildings wherein explosives are
manufactured or stored with respect to other magazines or
buildings when explosives are manufactured shall be in
accordance with the regulations adopted by the Department of
Labor and Industry.
Section 8. There shall be kept in the main office on the
premises of every explosive plant a plan of said plant, showing
the location of all buildings and the distance they are located
from other buildings where persons are employed and from
magazines, and these plans shall at all times be open to
inspection by duly authorized inspectors of the Department of
Labor and Industry. The superintendent of each plant shall, upon
demand of said inspector, furnish the following information:
(a) The maximum amount and kind of explosive material which
is or will be present in each building at any one time.
(b) The nature and kind of work carried on in each building,
whether or not said buildings are surrounded by natural or
artificial barricades, and if so the details of construction of
such barricades.
Section 9. After January first, one thousand nine hundred
and thirty-eight, every person storing or in possession of
explosives shall be required to have a license for each magazine
used for the storing or placing of explosives, which license
shall be issued on a form prepared and furnished by the
Department of Labor and Industry. The application for license
shall be accompanied by the proper license fee, which shall be
prescribed by the department, according to the quantity of
explosives which are to be stored or placed in the magazine, and
shall not be less than three dollars and fifty cents ($3.50) nor
more than fifty dollars ($50). Such license shall be kept posted
conspicuously in or about the magazine for which issued.
Licenses shall expire annually on the thirty-first day of
December, and shall be renewed annually upon payment of the fee
as specified in this section.
(9 amended May 22, 1953, P.L.201, No.17)
Section 10. Every person, company, or corporation
manufacturing, storing, selling, transferring, dealing in, or in
any manner disposing of any explosives, shall keep, in a book
for that purpose, an accurate record of all transactions with
the date thereof relating to the receiving and disposing of the
same, which record shall show the amount of each such explosive
received, by whom transported or conveyed, and each and every
sale or other disposition made of such explosives with the
amount thereof, and the name of the person to whom delivery of
the same was made, who shall be required to receipt therefor.
Such record shall at all times be open to the inspection of any
duly authorized representative of the Commonwealth.
Section 10.1. (a) Possession and storage of commercially
manufactured black powder (in quantities not to exceed ten
pounds), percussion caps, safety and pyrotechnic fuses, matches
and friction primers, intended to be used solely for sporting,
recreational, cultural purposes in antique firearms or antique
devices as defined in § 921(a)(16) of Title 18 of the United
States Code shall be exempt from regulation by the Department of
Environmental Resources.
(b) Possession and storage of smokeless powder, primers used
for reloading rifle or pistol cartridges, shot shells,
percussion caps and smokeless propellants intended for personal
use shall be exempt from regulation by the Department of
Environmental Resources.
(c) The storage of black powder in quantities not to exceed
one thousand pounds shall be in accordance with the storage
requirements for low explosives in 27 C.F.R. § 181.181 et seq.
(Subpart J).
(d) The Department of Environmental Resources may adopt
regulations for the storage of black powder in quantities in
excess of one thousand pounds.
(10.1 added Mar. 13, 1982, P.L.181, No.57)
Compiler's Note: The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. Its functions were transferred to the Department of
Conservation and Natural Resources and the Department of
Environmental Protection.
Section 10.2. (a) No person shall store more than fifty
pounds of black powder in a commercial establishment. It shall
be unlawful to store black powder in a commercial establishment
unless a license to store explosives is obtained from the United
States Department of Treasury, Bureau of Alcohol, Tobacco and
Firearms. Black powder shall be stored in accordance with 27
C.F.R. § 181.90 in a type 4 storage facility which shall be
mounted on wheels for easy removal in case of fire.
(b) Any person violating the provisions of this section
shall be guilty of a misdemeanor and upon conviction thereof
shall be sentenced to pay a fine of not less than five hundred
dollars ($500).
(10.2 added Mar. 13, 1982, P.L.181, No.57)
Section 11. For the purpose of carrying out the provisions
of this act and applying these provisions to specific cases, the
Department of Labor and Industry shall have the power, and its
duties shall be, to make, alter, amend, or repeal general rules
and regulations to provide protection in the manufacture,
processing, transportation, storage, use, or handling of
explosives.
Compiler's Note: Section 13 of Act 323 of 1965 provided that
section 11 is repealed insofar as it relates to
transportation of explosives upon a highway or toll road,
including the Pennsylvania Turnpike.
Section 12. Any person or persons who shall violate any of
the provisions of this act or the rules and regulations of the
department as herein provided for, or who shall hinder or
interfere with a duly authorized officer of the Commonwealth in
the performance of his duties as herein provided, shall, upon
conviction in a summary proceeding, be punished by a fine of not
less than ten dollars ($10) or more than one hundred dollars
($100), and in default of the payment of such fine and costs
shall be sentenced to imprisonment for not more than thirty
days. Any person or persons who shall, on second offense,
violate any of the provisions of this act or the rules and
regulations of the department as herein provided for, shall be
guilty of a misdemeanor, and, upon conviction, shall be
sentenced to pay a fine of not less than one hundred dollars
($100) and not more than one thousand dollars ($1,000), or to
suffer imprisonment for not more than one year, or both, at the
discretion of the court. Prosecution for violation of this act
may be instituted by the Secretary of Labor and Industry or his
duly authorized representative.
Section 13. All acts and parts of acts inconsistent with the
provisions of this act are hereby repealed.
Section 14. All fees collected under the provisions of this
act shall be paid into the State Treasury, through the
Department of Revenue.
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