16-219 C.M.R. ch. 31
SUMMARY: This rule is an agency incorporation by reference to the National Fire Protection Association Standard #495, Explosive Materials Code, 2006 Edition. Also included in this chapter are specific State of Maine exceptions as provided for consistency with the incorporated reference.
1. This rule is an agency incorporation by reference to the National Fire Protection Association Standard #495, Explosive Materials Code, 2006 edition. All rights reserved by the National Fire Protection Association. Copies of this standard are available through the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269.
2. The following specified references are removed or adjusted to reflect consistency with State of Maine requirements:
Section 1.3.4 is removed
Section 1.3.5 is removed
Section 1.6 Enforcement: Amended to read: "This code shall be enforced in accordance with 17A MRSA § 2 #17.
Section 4.1.8 is removed
Section 4.1.9.1 is amended to read:
DANGER
NEVER PROCEED TO FIGHT FIRES ON THIS SITE UNTIL CONTACTING THE FOLLOWING TELEPHONE NUMBER CALL _____
Section 4.2.3.1 is amended to read:
4.2.3.1 Every person conducting an operation or activity that uses explosive materials shall obtain a permit to use explosive materials and shall be responsible for the results and consequences of any loading or firing of explosive materials. Such person also shall ensure that loading and firing are performed or supervised by a person possessing a permit to blast.
Exception: Approved laboratories engaged in testing explosive materials, other than where conducting test blast explosions, shall require only a permit to use.
Table 4.3.2 Classification for Permit to Blast is amended to read as follows:
Table 4.3.2 Classifications for Permits
Permit to Use All Types of Blasting Permit to Transport Explosives Permit to Store Explosives
Section 4.4 is amended to read:
4.4 Requirements for Permit to Use
Section 4.4.3 is amended to read:
4.4.3 Any holder of a Permit to Use Explosives or person employed by the holder of a Permit to Use Explosives who is convicted of a violation of any explosive law or regulation shall be required to pass a qualifying examination as a condition of retention of the permit.
Section 4.5.1 is amended to read:
4.5.1 Permit to Use. A copy of the Permit to Use Explosives shall be posted at each place of operation, in each vehicle transporting explosives, and inside of all magazines containing explosives.
Section 4.5.2 is amended to read:
4.5.2 Permit to Transport. A copy of the permit shall be in the vehicle and readily accessible.
Section 4.8.1.1.1 is added by the State of Maine to read:
4.8.1.1.1 All storage magazines shall contain an up-to-date inventory of all explosive materials stored within; and upon request from the Authority Having Jurisdiction, a copy of the current inventory shall be made available.
Section 8.2.7 is amended to read:
8.2.7.1 A motor vehicle used for transporting explosive materials shall be inspected to determine that it is in proper condition. The following items shall be verified:
(1) The fire extinguisher is filled and in working order.
(2) All electrical wiring is completely protected and securely fastened to prevent short-circuiting.
(3) The chassis, motor, oil pan, and body undersides are clean and free of excess oil and grease.
(4) The fuel tank and fuel lines are secure and free of leaks.
(5) The brakes, lights, horn, windshield wipers, and steering apparatus are functioning properly. (6) The tires are inflated properly, free of defects and are within allowed wear condition. (7) The vehicle is in the proper condition in every other respect and is acceptable for handling explosive materials.
A certificate of public liability insurance in the amount of $500,000.00 to cover losses, damages or injuries that may ensue to persons or property must be furnished to the Office of State Fire Marshal prior to issuance of a permit to use, store or transport explosives. This certificate must also have a ten day notice of cancellation or change of policy.
Forfeiture of not less than $100.00 nor more than $500.00 may be adjudicated for each offense. All such substances may be seized by a peace officer and forfeited and, within 20 days after such seizures, may be libeled according to law. Cities or towns may make and enforce reasonable ordinances or bylaws not inconsistent with these rules.
Any person who sells or markets explosive materials as defined by Title 25 M.R.S.A. §2471, within the State of Maine, shall submit a report upon request to the Office of State Fire Marshal of the sale or transfer of ownership of all explosive materials sold or transferred to a new owner by said person listing the date of delivery, the name, address and explosive use, purchase and transport license, number of persons to whom the explosives were sold or delivered; along with the type, size, identification number and amount of explosives sold. This report shall be submitted monthly, on such forms as the State Fire Marshal may designate, not later than the fifteenth day of each month.
The loss, theft, or unlawful removal of explosive materials shall be reported within 24 hours to the Office of State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms.
STATUTORY AUTHORITY: 25 M.R.S.A. §2472
EFFECTIVE DATE:
December 1, 1990 (replaced Chapter 33, filed November 15, 1979)
May 15, 1996
November 9, 1999 - minor corrections
August 7, 2001 - formerly Chapter 135
August 17, 2002 - Sections 1 and 2, remaining sections renumbered
September 3, 2007 – filing 2007-375