Frequently Asked Questions about Louisiana Explosives Code
Revised 2000
Q. Section 1509 K states "In no instance shall magazines
located inside buildings contain in excess of 50 pounds or more than 5,000
detonators." Does this mean no more than 50 pounds of detonators
may be stored in indoor magazine?
A. No. The 50 pound limit refers to explosives in
general. Thus no indoor magazines should contain more than 50 pounds
of explosives.
Q. Section 1509 D states "The land surrounding outdoor
magazines shall be clear of brush, dried grass, leaves, and other
combustible materials for a distance of 25 feet in each direction".
Should the distance requirement be 50 feet as it is stated in the other
relevant sections?
A. Yes, the distance should be 50 feet.
Q. Is a type 3 magazine a day box?
A. Yes, in accordance with 1511-K-Magazine construction
requirements. The regulations state "A type 3 magazine is a day box
or other portable magazine."
Q. Does a type 3 magazine/day box have to be licensed?
A. No. Although a "day box" is listed as a magazine
it does not have to be licensed.
Q. Does the Explosives Control Unit have to be notified
when a type 3/day box is moved, as required by-LRS 40:1472.3-B?
A. NO.
Q. If detonating cord is cut from a roll and then is not
used, does placing the cut-off piece back in its original box with
the roll it came from, meet the storage requirements of the regulations?
A. Yes, in accordance with R.S. 40, Section 1472.5
As long as every piece of explosive possessed by licensee can be identified
by date-shift-code, then the regulations are complied with.
Q. Does a copy of the magazine license need to be displayed
inside the explosive storage magazines?
A. No. Licensees must possess a license for each
storage magazine as defined by the regulations but the regulations do not
require that a copy of this license be posted in the magazine.
Q. When posting the property upon which explosive are
stored, where does the "DO NOT FIGHT EXPLOSIVES FIRES" sign(s) need to
be located?
A. In accordance with 1509-C
This sign is to be located at the entrance to the PROPERTY upon which
explosives are stored. If the explosives storage location on a specific
piece of property is at a remote site on the property, then the sign or
signs need only be placed at the entrance to the actual magazine location
on the property.
Q. Is every member of the crew using explosives required
to have a Louisiana explosives licenses?
A. Yes, in accordance with R.S. 40, Section 1472.4,B (2)
The regulation states that it is unlawful for any person to engage in (handling, touching,
moving, etc.) or the business of a manufacturer-distributor of or dealer in explosives,
or to acquire, sell, possess, store, or engage in the use of explosives in this
state, unless that person possesses an appropriate license issued.
Q. If an individual holds a "Users" license, must the
individual also have a "Blasters" license to handle his/her explosives?
A. No. An individual holding a "Users" license is
allowed to use his/her explosives without having an addition blaster license.
Q. Who can a "Blaster" receive explosives from?
A. A "Blaster" may receive explosives only for
the "User" for which the Blaster works. Only the "User" may purchase
the explosives from the "Dealer".
Q. Must the failure of a drug test by a licensed individual
be reported to the Louisiana State Police, Explosives Control Unit?
A. Yes, in accordance with 1543-C
The Louisiana Explosives Code requires that licensed individuals terminated
from their employment for the failure of any drug test be identified to
the Explosives Control Unit when the person's explosives license is returned
to the State Police for cancellation.
Q. What documentation must be available for an individual
to "prove" successful completion of the training requirements set forth
in the Louisiana Explosives Code?
A. In accordance with 1541-B, Certificates of Training,
Course Completion forms and similar documents are all acceptable documentation.
Q. If an individual or company possess a Federal explosives
permit, must that individual or company also possess a Louisiana explosives
license?
A. Yes, in accordance with R.S. 40, Section 1472.3 A and
Section 1472.4 A
The possession of a federal explosives license/permit does not exempt
a company or individual from the licensing requirements of the Louisiana
Explosives Code.
Q. How long are licenses valid?
A. In accordance with R.S. 40, Section 1472.3, D
One year from the date of issue or upon termination of employment.
Q. Does the American Table of Distances apply to indoor
storage?
A. No. The American Table of Distance only applies
to outdoor storage magazine. It is possible that a local ordinance
may be in place that would utilize this table for indoor storage but the
Explosives Code does not.
Q. What is the maximum amount of explosives that may be
stored indoors?
A. In accordance with 1509, K - Fifty (50) pounds net explosives
weight. The net explosives weight if detonators is calculated at
1.5 pounds per thousand detonators while detonating cord is calculated
at 8 pounds per thousand feed (50 grain). Detonating cord of lessor
or greater grains are to be calculated proportionally.
Q. When determining the amount of explosives being stored,
is this "quantity" based on the gross weight of the explosive items, or
the net explosive weight contained in the explosive items?
A. Net explosives weight.
Q. When defining a inhabited building, are buildings located
on the same property, which are part of the operations involving explosives,
part of this definition?
A. No, in accordance to the "Explanatory Notes" to Table
1
Buildings on the same property as the explosives and which are used
as part of the operations involving the use of explosives, are NOT inhabited
buildings according to the notes to the American Table of Distance as referenced
in the Louisiana Explosives Code.
Q. If a shortage or theft of explosives occurs, who must
be notified?
A. In accordance with 1519, Licensees who discover a theft
or shortage of explosives must immediately notify the nearest sheriff's
department or city police department. An additional immediate notification
is to be made to the Deputy Secretary of the Department of Public Safety
and Corrections through the Explosives Control Unit.
Q. If a licensee must cut a detonator off of the detonating
cord, how much detonating cord is allowed to protrude from the end of the
detonator when the detonator is placed in storage? How should these
remnants be stored?
A. While no set amount of detonating cord has been determined,
public safety considerations must be the determining factor. With
this in mind, the Licensee's personnel should cut off the detonating cord
as close to the booster or detonator as is safe (no more than 3/4 inch
of detonating cord should be present at the end of the detonator.
The detonator with the small amount of detonating
cord still in it is be stored in the detonator magazine. The remaining
piece of detonating cord is to be stored in the high explosives storage
magazine.
Q. Must the driver of an explosives laden vehicle possess
a Louisiana explosives license?
A. The mere transportation of explosives is not a licensed
activity.
Q. Must the format upon which a company keeps its inventory
records be sent to the Explosives Control Unit for approval prior to obtaining
explosives?
A. No, in accordance with 1517,B
The approval of inventory formats indicated in the Explosives Code
will be provided by the State Police inspectors at the time of their visits
to the company in question. They will determine if all of the required
inventory information is available in the format used by the company.
Q. Are licensees permitted to keep computerized inventory
records?
A. As long as all of the required information is available
and the licensee has the ability to print out a "hard copy" of the information,
the use of computerized records is allowed.
Q. How is the amount of the civil penalty assessed determined?
A. A fine schedule is set forth by the Deputy Secretary
of the Department of Public Safety and Corrections.
Q. Must explosive incidents be reported to the State Police?
A. Yes, in accordance with 1505, A
If the incident in question resulted in property damage, injuries or
fatalities, the State Police Explosives Control Unit must be notified immediately.
Q. Is the storage of explosives allowed within the corporate
limits of any city or town?
A. Yes, in accordance with 1509, K - Storage within the
city limits of a city or town may be allowed provided the licensee has
the permission from the proper local authorities and the State Police.
Q. How close to an explosives storage magazine is it permissible
to smoke?
A. In accordance with 1509, L
Smoking, matches and flame producing devices are not permitted to be
closer than 50 feet from an explosives storage magazine.
Q. Must the roof or ceiling of an outdoor explosive storage
magazine be bullet resistant?
A. No, in accordance with 1511, I, 4
If the natural terrain around the magazine makes it possible to shoot
a bullet through the ceiling or roof at such an angle that a bullet could
strike the explosive materials stored in the magazine, then the roof or
ceiling must be bullet resistant. If this is not possible, ceilings
or roofs are not required to be bullet resistant.
Q. May an indoor magazine be located in a residence?
A. No, in accordance with 1511,N,2
Storage of explosives in a residence is prohibited. The storage
of 5 lbs or less of black powder, or smokeless powder used in sporting
arms is allowed in residences.
Q. May a licensee have more than two sets of keys for
his/her explosives storage magazines?
A. Yes, in accordance with 1513,I
The Explosives Code allows licensees to request a variance in writing
to have additional sets of keys.
Q. May inventory records be maintained in the appropriate
explosive storage magazine?
A. No, in accordance with 1517, B
The regulations require that inventory records be maintained at each
primary licensees "local office". This requirement has been interpreted
to mean that the magazine records are to be in the office, not in the magazine.
This ensures that if the magazine is broken into, the inventory records
will not be stolen along with the explosives.
Q. When must a Louisiana Explosive License be returned
to the Explosives Control Unit for cancellation?
A. In accordance with 1531, C
Licenses must be returned for cancellation within 14 days of the individual's
employment being terminated.
Q. A binary explosive, when un-mixed, is two explosively
inert materials. Does the requirement for storage in a licensed explosive
magazine referenced in Paragraph 1509 A apply to the separate components?
A. No, if the two components are segregated into two separate
containers. If the materials have been mixed, a licensed explosive
storage magazine is required. Access to or possession of the two
components of the mixed materials is possession of explosive materials
and an explosive license issued by the Deputy Secretary of Public Safety
Services is required.
Q. Is a separate magazine license required for a magazine
welded to the outside of another magazine?
A. Yes. Each is considered a separate magazine.