PRINTER'S NO. 2730
No. 2067 Session of 2001
INTRODUCED BY L. I. COHEN, BISHOP, CREIGHTON, CURRY, FRANKEL,
GEIST, HORSEY, JAMES, MARSICO, McGEEHAN, McGILL, R. MILLER,
READSHAW, SATHER, STABACK, TIGUE AND TURZAI, OCTOBER 23, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 23, 2001
AN ACT
1 Amending the act of July 1, 1937 (P.L.2681, No.537), entitled
2 "An act relating to, and regulating the manufacture, storing,
3 and possession of explosives; requiring permits for
4 magazines, and prescribing permit fees; and providing
5 penalties," providing for identification taggants; imposing a
6 penalty; and making editorial changes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 2 and 3 of the act of July 1, 1937
10 (P.L.2681, No.537), referred to as the Explosives Manufacture,
11 Storage and Possession Law, are amended to read:
12 Section 2. The term "department," as used in this act, shall
13 mean the Department of Environmental Protection of the
14 Commonwealth.
15 The term "explosives," [whenever] as used in this act, shall
16 mean and include any chemical compound or other substance
17 intended for the purpose of producing an explosion, or that
18 contains oxidizing and combustible units or other ingredients in
19 such proportions or quantities that ignition by fire, by
1 friction, by concussion, by percussion, or by detonator, may
2 produce an explosion capable of causing injury to persons, or
3 damage to property.
4 [For the purpose of this act, manufactured articles shall not
5 be held to be explosives when] The term shall not include
6 manufactured articles that consist of individual units [contain]
7 containing ingredients in such limited quantities and of such
8 nature as not ordinarily to be classified as an explosive, such
9 as fixed ammunition for small arms, firecrackers, safety fuse,
10 matches, and other articles which may be defined from time to
11 time by regulations of the [department] Department of
12 Environmental Protection.
13 The term "identification taggant," as used in this act, shall
14 mean any substance which is added to an explosive material
15 during the manufacture of the material, is retrievable after
16 detonation, permits the identification of the manufacturer and
17 the date of manufacture of the material and provides such other
18 information as required by the Department of Environmental
19 Protection.
20 The term "magazine," as used [herein] in this act, means any
21 building or other structure used exclusively for the storage of
22 explosives.
23 The word "person," as used in this act, shall be construed to
24 include individuals, copartnerships, associations, and
25 corporations, as well as the Commonwealth and all political
26 subdivisions thereof.
27 Section 3. (a) All persons engaged in the manufacture of
28 explosives, or any process involving explosives, or where
29 explosives are used as a component part in the manufacture of
30 any article or device on the date when this act takes effect,
20010H2067B2730 - 2 -
1 shall, within sixty days thereafter, and all persons engaging in
2 the manufacture of explosives, or any process involving
3 explosives, or where explosives are used as a component part in
4 the manufacture of any article or device after this act takes
5 effect, shall, before so engaging, make a report in writing,
6 subscribed to by such person or his agent, to the [Department of
7 Labor and Industry, the report stating--] department.
8 (b) The report shall state:
9 (1) The location of place of manufacture or processing.
10 (2) The kind of explosives manufactured, processed, or used.
11 Section 2. The act is amended by adding a section to read:
12 Section 3.1. (a) No person shall make, manufacture,
13 transport, ship, distribute, import, use or receive or cause to
14 be made, manufactured, transported, shipped, distributed,
15 imported, used or received any explosive material that does not
16 contain an identification taggant in accordance with regulations
17 promulgated by the department under this section.
18 (b) The department shall promulgate rules and regulations
19 relating to the acceptable method or methods of adding
20 identification taggants to explosives and explosive materials.
21 (c) Notwithstanding any penalties provided for in this act,
22 any person in violation of subsection (a) commits a misdemeanor
23 of the first degree.
24 Section 3. Sections 4, 5, 6, 7 and 8 of the act are amended
25 to read:
26 Section 4. (a) All persons storing explosives or having
27 explosives in their possession on the date when this act takes
28 effect, shall, within sixty days thereafter, and all persons
29 contemplating the storing of explosives or having same in their
30 possession after this act takes effect, shall, before obtaining
20010H2067B2730 - 3 -
1 or storing such explosives, make a report in writing, subscribed
2 to by such person or his agent, to the [Department of Labor and
3 Industry, the report stating--] department.
4 (b) The report shall state:
5 (1) The capacity, type of construction, and location of the
6 magazine, if then existing, or, in case of a new magazine or a
7 removal of any existing magazine, the capacity, type of
8 construction, and proposed location of such magazine.
9 (2) The kind of explosives that are stored or in possession,
10 or intended to be stored or obtained, and the maximum quantity
11 involved.
12 (3) The distance that such magazine is located or intended
13 to be located from the nearest buildings, magazines, railroads,
14 and highways.
15 Section 5. (a) The department shall determine the amount of
16 explosives that may be stored or placed in magazines and shall
17 issue a license to the person applying [therefor, as hereinafter
18 provided, such license to stipulate] for the license. The
19 license shall specify the maximum amount of explosives
20 permitted.
21 (b) Whenever any person fails, for thirty days, to pay the
22 annual license fee [hereinafter provided] under this act, after
23 the same becomes due or otherwise violates any of the provisions
24 of this act, the [Secretary of Labor and Industry] department
25 may cancel [such] the license.
26 (c) Whenever a license is cancelled for any cause, the
27 [Secretary of Labor and Industry, or his duly authorized
28 representative] department shall notify, in writing, the person
29 to whom [such] the license is issued of the [fact of such]
30 cancellation, and shall [in said notice] direct the removal of
20010H2067B2730 - 4 -
1 all explosives stored in [said] the magazine within a reasonable
2 time limit, but not to exceed ten days from the [giving of said]
3 notice. Failure to [so] remove the explosives stored in [said]
4 the magazine within the time specified in [said] the notice
5 shall constitute a violation of this act.
6 Section 6. If at any time any governing body or other
7 authority of any locality may know of any reason why a magazine
8 or building in which explosives are used or kept is not or
9 cannot be conducted in accordance with the provisions of this
10 act, and should not be permitted to operate, upon notifying the
11 [Secretary of Labor and Industry] department, in writing, [or
12 his duly authorized representative,] a hearing may be conducted
13 by the [said Secretary of Labor and Industry or his duly
14 authorized representative,] department to show cause why a
15 license should not be issued or should not be revoked.
16 Section 7. All explosive plants and all buildings and
17 magazines wherein explosives are manufactured or stored shall be
18 located, operated, maintained, equipped, and conducted so as to
19 provide for the adequate protection for all persons employed in
20 or about such explosive plants or magazines. The location of
21 explosive plants with respect to other buildings, railroads, and
22 highways, and the location of buildings wherein explosives are
23 manufactured or stored with respect to other magazines or
24 buildings when explosives are manufactured shall be in
25 accordance with the regulations adopted by the [Department of
26 Labor and Industry] department.
27 Section 8. (a) There shall be kept in the main office on
28 the premises of every explosive plant a plan of said plant,
29 showing the location of all buildings and the distance they are
30 located from other buildings where persons are employed and from
20010H2067B2730 - 5 -
1 magazines, and these plans shall at all times be open to
2 inspection by duly authorized inspectors of the [Department of
3 Labor and Industry] department.
4 (b) The superintendent of each plant shall, upon demand of
5 said inspector, furnish the following information:
6 [(a)] (1) The maximum amount and kind of explosive material
7 which is or will be present in each building at any one time.
8 [(b)] (2) The nature and kind of work carried on in each
9 building, whether or not said buildings are surrounded by
10 natural or artificial barricades, and if so the details of
11 construction of [such] the barricades.
12 Section 4. Section 9 of the act, amended May 22, 1953
13 (P.L.201, No.17), is amended to read:
14 Section 9. (a) After January [first, one thousand nine
15 hundred and thirty-eight] 1, 1938, every person storing or in
16 possession of explosives shall be required to have a license for
17 each magazine used for the storing or placing of explosives,
18 which license shall be issued on a form prepared and furnished
19 by the [Department of Labor and Industry] department. The
20 application for license shall be accompanied by the proper
21 license fee, which shall be prescribed by the department,
22 according to the quantity of explosives which are to be stored
23 or placed in the magazine, and shall not be less than three
24 dollars and fifty cents ($3.50) nor more than fifty dollars
25 ($50).
26 [Such] (b) The license shall be kept posted conspicuously in
27 or about the magazine for which issued.
28 (c) Licenses shall expire annually on the thirty-first day
29 of December, and shall be renewed annually upon payment of the
30 fee as specified in this section.
20010H2067B2730 - 6 -
1 Section 5. Section 10 of the act is amended to read:
2 Section 10. Every person, company, or corporation
3 manufacturing, storing, selling, transferring, dealing in, or in
4 any manner disposing of any explosives, shall keep, in a book
5 for that purpose, an accurate record of all transactions with
6 the date [thereof] of the transactions relating to the receiving
7 and disposing of the [same] explosives, which record shall show
8 the amount of each [such] explosive received, by whom
9 transported or conveyed, and each and every sale or other
10 disposition made of [such] the explosives with the amount
11 [thereof] of the explosives, and the name of the person to whom
12 delivery of the [same] explosives was made, who shall be
13 required to receipt [therefor. Such] for the delivery. The
14 record shall at all times be open to the inspection of any duly
15 authorized representative of the Commonwealth.
16 Section 6. Section 10.1 of the act, added March 13, 1982
17 (P.L.181, No.57), is amended to read:
18 Section 10.1. (a) Possession and storage of commercially
19 manufactured black powder (in quantities not to exceed ten
20 pounds), percussion caps, safety and pyrotechnic fuses, matches
21 and friction primers, intended to be used solely for sporting,
22 recreational, cultural purposes in antique firearms or antique
23 devices as defined in § 921(a)(16) of Title 18 of the United
24 States Code shall be exempt from regulation by the [Department
25 of Environmental Resources] department.
26 (b) Possession and storage of smokeless powder, primers used
27 for reloading rifle or pistol cartridges, shot shells,
28 percussion caps and smokeless propellants intended for personal
29 use shall be exempt from regulation by the [Department of
30 Environmental Resources] department.
20010H2067B2730 - 7 -
1 (c) The storage of black powder in quantities not to exceed
2 one thousand pounds shall be in accordance with the storage
3 requirements for low explosives in 27 C.F.R. § 181.181 et seq.
4 (Subpart J).
5 (d) The [Department of Environmental Resources] department
6 may adopt regulations for the storage of black powder in
7 quantities in excess of one thousand pounds.
8 Section 7. Sections 11 and 12 of the act are amended to
9 read:
10 Section 11. (a) For the purpose of carrying out [the
11 provisions of] this act and applying [these provisions] this act
12 to specific cases, the [Department of Labor and Industry]
13 department shall have the power, and its duties shall be, to
14 make, alter, amend, or repeal general rules and regulations to
15 provide protection in the manufacture, processing, adding of
16 identification taggants, transportation, storage, use, or
17 handling of explosives.
18 (b) Nothing in this section shall apply to the
19 transportation of explosives upon a highway or toll road,
20 including the Pennsylvania Turnpike.
21 Section 12. (a) Except as otherwise provided for in this
22 act:
23 (1) Any person or persons who shall violate any of the
24 provisions of this act or the rules and regulations of the
25 department as [herein] provided for under this act, or who shall
26 hinder or interfere with a duly authorized officer of the
27 Commonwealth in the performance of [his] that officer's duties
28 as herein provided, shall, upon conviction in a summary
29 proceeding, be punished by a fine of not less than ten dollars
30 ($10) or more than one hundred dollars ($100), and in default of
20010H2067B2730 - 8 -
1 the payment of such fine and costs shall be sentenced to
2 imprisonment for not more than thirty days.
3 (2) Any person or persons who shall, on second offense,
4 violate any of the provisions of this act or the rules and
5 regulations of the department as [herein] provided for under
6 this act, shall be guilty of a misdemeanor, and, upon
7 conviction, shall be sentenced to pay a fine of not less than
8 one hundred dollars ($100) and not more than one thousand
9 dollars ($1,000), or to suffer imprisonment for not more than
10 one year, or both, at the discretion of the court.
11 (b) Prosecution for violation of this act may be instituted
12 by the [Secretary of Labor and Industry or his duly authorized
13 representative] department or a duly authorized representative
14 of the department.
15 Section 8. This act shall take effect in one year.
J9L35JS/20010H2067B2730 - 9 -