§ 450. Application of article. 1. This article shall apply to persons engaged in the manufacture, ownership, possession, storage, use, transportation, purchase, sale or gift of explosives as defined in subdivision one of section four hundred fifty-one of this article. 2. This article shall not apply to explosives while being transported in conformity with federal […]
§ 452. Packing and labeling. No person shall own, possess, store, deal in, sell, give or purchase explosives unless the packing, or encasement, and the marking and labeling of such explosives shall comply with the regulations promulgated pursuant to this article.
§ 453. Storage. No person shall store explosives except in a magazine constructed, located and certified in accordance with the provisions of this article and the regulations promulgated pursuant to this article. The magazine certificate shall be attached to the magazine on the inside of each such magazine. No person shall store more than three […]
§ 454. Construction of magazines. Unless otherwise prescribed by the regulations promulgated pursuant to this article, magazines in which explosives shall be lawfully kept or stored shall be constructed of brick, concrete, metal or wood covered with metal, and shall have no openings except for ventilation and entrance. All explosive magazines, except those in mines […]
§ 455. Magazine precautions. 1. No individual shall unlock, open the doors of, or access the contents of, explosive magazines, except for the lawful storage or removal of explosives and in accordance with regulations of the commissioner. No employer shall allow any individual access to the explosive magazines or explosives of the employer unless a […]
§ 456. Location of magazines. The quantity of explosives that may be stored in any explosives factory or magazine shall depend upon its distances from the nearest building, railroad or highway or other magazine. The distances that a quantity of explosives may be stored from the nearest magazine, building, railroad or highway, shall be as […]
§ 457. Relocation of magazines. 1. When any magazine is moved from the location for which it was certified according to section four hundred fifty-six of this article, and the magazine is or is intended to be used for the storage of explosives and will be in the new location for more than twenty-four hours, […]
§ 458. Licenses and certificates. 1. No person shall purchase, own, possess, transport or use explosives unless a license therefor shall have been issued as provided in this article. Application for such a license shall be made to the commissioner on forms provided and shall contain such information as the commissioner may require. Where the […]
§ 459. Denial or revocation of license or certificate. 1. A license or certificate, or the renewal thereof may be denied where the commissioner has probable reason to believe, based on knowledge or reliable information, or finds, after investigation, that the applicant or any officer, servant, agent or employee of the applicant is not sufficiently […]
§ 460. Seizure, impounding, destruction or disposition of explosives. 1. The commissioner is hereby authorized and empowered, without application to any court, to seize and impound any explosives found within this state, except in cities having a population of more than one million inhabitants, which are in apparent violation of any of the provisions of […]
§ 461. Record and notice of sales, deliveries or gifts. 1. Every person selling, delivering, giving away or otherwise transferring or disposing of explosives shall keep at his or her principal office or place of business within the state, a record of the transaction, including the name or type and quantity of the explosive, such […]
§ 462. Rules and regulations. The commissioner may make rules supplemental to this article as deemed necessary or desirable to assure the public safety as well as to provide reasonable and adequate protection of the lives, health and safety of persons employed in the manufacture, storage, handling, use, purchase, sale, disposition and ownership of explosives. […]
§ 463. Review. All questions of fact arising under this article shall be decided by the commissioner and there shall be no appeal from such decision on any such question of fact. Upon the entry of an order issued under sections four hundred fifty-nine and four hundred sixty of this article, any party aggrieved thereby […]
§ 464. Costs and penalties. 1. If the commissioner directs the storage, destruction or other disposition of explosives pursuant to the provisions of section four hundred fifty-nine or four hundred sixty of this article, the commissioner may issue an order which shall set forth the costs of such storage, transportation, handling, destruction or other disposition […]
§ 464-a. Local laws. Except with regard to cities having a population of over one million, the provisions of this article and the rules adopted pursuant thereto shall be the minimum standard required and shall supersede any special law or local ordinance inconsistent therewith, and no local ordinance inconsistent therewith shall be adopted, but nothing […]
§ 466. Separability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.