New Jersey Administrative Code

(a) Any person violating any of the provisions of the Act shall be liable for a penalty of not less than $ 100.00 nor more than $ 5,000 for the first offense, not less than $ 300.00 nor more than $ 5,000 for the second offense and not less than $ 500.00 nor more than $ 10,000 for…

(a) No penalty shall be levied pursuant to N.J.A.C. 12:190-12.1 unless the alleged violator is first provided with: 1. Notification of the violation; 2. The amount of the penalty to be imposed; and 3. An opportunity to request a formal hearing. (b) A request for a formal hearing …

(a) The full title and edition of each of the standards or publications referred to in the chapter are as follows:1. 27 CFR Part 55, Commerce in Explosives; 2. 49 CFR Parts 171 through 178, Hazardous Materials Regulations; 3. 49 CFR Parts 390 through 397, Federal Motor Carrier Sa…

A copy of each of the standards and publications referred to in this chapter is on file and may be inspected at the following office of the Division of Public Safety and Occupational Safety and Health between the hours of 9:00 A.M. and 4:00 P.M. on normal working days: New Jersey…

Copies of the standards and publications referred to in this chapter may be obtained from the organizations listed below. The abbreviations preceding these standards and publications have the following meaning and are the organizations issuing the standards and publications liste…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Acceptor" means a charge of explosives or blasting agent receiving an impulse from an exploding donor charge. "Act" means the Explosive Ac…

This subchapter shall apply to the procedures for the issuance of permits, the payment of fees, the recordkeeping required for permit holders, and reporting procedures. Notes N.J. Admin. Code § 12:190-3.1

(a) The "permit to manufacture" shall authorize the manufacture, possession and storage of explosives in process, development of explosives and finished products. This permit covers the purchase of explosives and ingredients for the manufacture of explosives. (b) The "permit to s…

(a) The applicant for an initial "permit to use" explosives shall demonstrate to the satisfaction of the Commissioner that he has had adequate education, training and experience in the use of explosives in any grade authorized in the applicable permit. (b) Before a "permit to use…

(a) All holders of a "permit to manufacture, sell, store or use" explosives shall comply with the reporting provisions of this subchapter. (b) All holders of a "permit to manufacture, sell, store or use" explosives shall post or be in possession of a permit as described in this s…

(a) A "permit to sell, transport, store or use" any of the following explosives shall not be issued: 1. Liquid nitroglycerin; 2. Dynamite (except gelatin dynamite) containing over 60 percent of liquid explosive ingredient; 3. Dynamite having an unsatisfactory absorbent or one tha…

(a) After an application for a permit has been approved, the correct fee shall be forwarded to the appropriate officials of the Division of Public Safety and Occupational Safety and Health. (b) The check or money order shall be made payable to the Commissioner of Labor and Workfo…

(a) Every person holding a "permit to manufacture, sell, store or use" explosives shall keep records in accordance with this section. (b) All records required by this section shall be maintained and be open to inspection by the Commissioner at any time necessary for the protectio…

(a) In addition to the recordkeeping of N.J.A.C. 12:190-3.1 5, holders of a "permit to manufacture" shall comply with this section. (b) The permanent record of a person having a "permit to manufacture" explosives shall include the following: 1. The amount and type of explosives a…

(a) In addition to the recordkeeping of N.J.A.C. 12:190-3.1 5, holders of "permit to sell" shall comply with this section. (b) The permanent record of a person having a "permit to sell" shall include the following: 1. The amounts and kinds acquired; 2. The names and addresses of …

(a) In addition to the recordkeeping of N.J.A.C. 12:190-3.1 5, holders of "permit to store", or "Grade Q permit to use" shall comply with this section. (b) The permanent record of a person having a "permit to store" or a "Grade Q permit to use" shall include the following: 1. The…

(a) In addition to the recordkeeping of N.J.A.C. 12:190-3.1 5, holders of a "permit to use" explosives shall comply with this section. (b) The person having a "permit to use" explosives shall maintain a permanent record of each blast. At least one copy of this record shall be mai…

(a) No person shall manufacture, sell, store or use explosives unless he or she is 21 years of age or older and a permit has been issued as provided in the applicable provisions of this subchapter. Permits shall not be issued to individuals under the age of 21. (b) No explosives …

(a) Any accident involving explosives, which results in an injury to a person or property damage shall be immediately reported by telephone to the appropriate officials of the Division of Public Safety and Occupational Safety and Health by the permit holder for the explosives inv…

(a) No permit shall be required for the storage or use of smokeless powder which is used by private persons for the hand loading of small arms ammunition and which is not for resale. For this purpose not more than 36 pounds of smokeless powder and not more than five pounds of bla…

(a) An application for a permit shall be made to the Commissioner on forms provided by him and shall contain all information as the Commissioner may require. (b) An applicant for a permit shall, at his own expense, furnish whatever pertinent information the Commissioner may requi…

(a) Upon receipt of an application for a permit to manufacture, store, sell, transport or use explosives, and before the permit is issued, the Commissioner shall make or cause to be made an investigation for the purpose of ascertaining if all applicable requirements of this chapt…

(a) An applicant for a permit to manufacture, sell, store or use explosives shall: 1. Be at least 21 years of age; 2. Have a reasonable understanding of the English language; 3. Present satisfactory evidence of experience in the manufacture, sale, transportation, storage or use o…

Whenever a permanent storage magazine for which a permit has been issued is moved to a new location, or its physical surroundings are so changed that the magazine comes within the prohibited distances to a highway, railroad or inhabited building, the permit for said magazine shal…

(a) A permit for the sale, storage or use of explosives may be revoked by the Commissioner for any of the following reasons: 1. Non-compliance with any order issued by the Commissioner within the time specified in such order; 2. Proof that the permit holder has been convicted of …

Permits shall be readily available at all times to inspection by the Commissioner, local construction official, state police or local police and fire departments, and shall be posted in accordance with the applicable provisions of N.J.A.C. 12:190-3.1 2. Notes N.J. Admin. Code § 1…

This subchapter shall apply to explosives at explosives manufacturing establishments. Notes N.J. Admin. Code § 12:190-4.1

(a) All buildings and magazines shall be approved. (b) All buildings used for the manufacture of commercial explosives shall be located one from the other and from other buildings of the explosive manufacturing establishment in which persons are regularly employed in accordance w…

(a) An initial "permit to manufacture" explosives shall not be issued unless a plan complying with (b) below has been submitted in triplicate to the commissioner for approval. (b) The explosive manufacturing establishment plan shall show the location of all explosive manufacturin…

Explosive manufacturing establishments shall be enclosed with an industrial type fence at least six feet high or an equivalent enclosure, when required by the commissioner. Notes N.J. Admin. Code § 12:190-4.4

(a) Two or more types of explosives may be stored together provided they are compatible and such storage does not increase substantially the probability of an incident or a hazard. (b) Explosives shall not be stored in the vicinity of operations involving hazardous substances whe…

(a) Manufactured explosive components used in the assembly of ammunition primers and detonating fuses shall be stored in magazines or approved dry boxes until needed in the assembly line. (b) The explosive components in dry boxes shall not exceed 25 pounds. (c) Explosive componen…

Mixing of blasting agents shall be in accordance with N.J.A.C. 12:190-9. Notes N.J. Admin. Code § 12:190-4.7

Testing explosives except during unusual conditions and when approved by the Commissioner, shall be conducted only during daylight hours, but shall not be conducted before 8:00 A.M. or after 6:00 P.M. on the day of testing. Notes N.J. Admin. Code § 12:190-4.8 New Rule, R.1998 d.1…

This subchapter shall apply to the storage of explosives in magazines. Notes N.J. Admin. Code § 12:190-5.1

(a) Type 1 magazines and type 2 outdoor magazines shall be located outside of buildings. (b) Type 1 magazines and type 2 outdoor magazines in which high explosives are stored shall be located no closer to inhabited buildings, passenger railways, public highways, or other magazine…

(a) Type 2 indoor magazines shall be located on a floor nearest the ground level in a warehouse or in a wholesale or retail establishment which has an entrance or ramp to exterior grade level. Such magazines shall be located not more than 10 feet from such an entrance. (b) Two ma…

(a) Type 3 magazines shall be located as far away as practicable from neighboring inhabited buildings, railways, highways, and any other magazine. (b) Type 3 magazines may be located outside of buildings or inside buildings. (c) When in its use location, a type 3 magazine shall b…

(a) Type 4 outdoor magazines shall be located outside of buildings. (b) Type 4 outdoor magazines in which low explosives are stored shall be located not closer to inhabited buildings, passenger railways, public highways, or other magazines in which explosives are stored, than the…

Type 4 indoor magazines shall be located as provided for type 2 indoor magazines in N.J.A.C. 12:190-5.1 1. Notes N.J. Admin. Code § 12:190-5.14

(a) This section shall apply to the location of two or more type 1 or type 2 magazines on the same property. (b) When two or more type 1 or type 2 magazines are located on the same property, each magazine shall be separated from each by the distance specified by Table 5.10 of thi…

(a) Ammonium nitrate and ammonium nitrate-based blasting agents shall be separated from nearby stores of high explosives or blasting agents referred to as the "donor" by distances as provided in Table 5.16. Click here to view image. (b) If storage of ammonium nitrate is located w…

(a) All explosive materials shall be kept in locked magazines as prescribed by this subchapter unless they are:1. In the process of manufacture; 2. Being physically handled in the operating process of a permit holder or user; 3. Being used; or 4. Being transported to a place of s…

(a) All magazines shall be in the charge of a competent person at least 21 years of age. (b) Explosives shall not be stored in any amount exceeding the quantity stated on the storage permit. (c) Explosives may be stored unattended in types 1, 2, and 4 magazines. (d) High explosiv…

(a) Explosives shall not be stored in tunnels where persons are located, unless such storage is approved. (b) Immediately after the completion of explosive loading operations, all unused explosives in tunnels shall be removed to magazines complying with this subchapter. Notes N.J…

(a) For the purposes of this subchapter, magazines shall be grouped into four types; Type 1, Type 2, Type 3, Type 4, and Type UG magazines. (b) The five types of magazines as listed in (a) above shall be defined as follows: 1. "Type 1 magazine" means a permanent outdoor magazine.…

(a) This section shall apply to storage of explosives for underground mining operations. (b) This section shall also apply to the construction and location of type UG magazines. (c) A magazine for explosives shall not be permitted underground, until the underground workings are d…

(a) Magazines shall be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors shall be regularly swept. (b) Brooms and other utensils used in the cleaning and maintenance of magazines shall have no spark-producing metal parts, and may be kept…

(a) Smoking, open flames, matches, and other sources of ignition shall not be permitted; 1. In any magazine; 2. Within 100 feet of any outdoor magazine; or 3. Within any room containing an indoor magazine. Notes N.J. Admin. Code § 12:190-5.22 Administrative correction. See: 29 Ne…

(a) Magazines shall be maintained in good repair. (b) Before repairing and interior of magazines, all explosive materials shall be removed and the interior shall be cleaned. (c) Before repairing the exterior of magazines, all explosive materials shall be removed if there exists a…