EXPLOSIVES REGULATIONS

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Code of Colorado Regulations › 1100 Department of Labor and Employment › 1101 Division of Oil and Public Safety › 7 CCR 1101-9

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DEPARTMENT OF LABOR AND EMPLOYMENT

Division of Oil and Public Safety

EXPLOSIVES REGULATIONS

7 CCR 1101-9

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

ARTICLE 1

GENERAL PROVISIONS

Section 1-1

Basis and Purpose

These regulations are promulgated to establish rules for the use, manufacture, possession, sale, storage,

transport, or disposal of explosives materials or blasting agents in the interest of the life, health, and

safety of employees and the general public, as well as the protection of property.

To this end, a procedure for the granting of explosives permits is contained herein whereby the

opportunity to use, manufacture, possess, sell, store, transport, or dispose of explosives materials is

restricted to such permittees and conditioned upon satisfactory continued compliance with these rules

and regulations. Failure to comply with these rules and regulations subjects the permittee to suspension,

denial, or revocation of the permit.

Adoption of these rules and regulations is intended to greatly clarify the Division of Oil and Public Safety

requirements pertaining to the use of explosive materials, to ease the burden on the permittee where

interpretation has been necessary, and to better incorporate the numerous requirements from other

governmental agencies. These rules and regulations provide for uniformity of compliance and elimination

of numerous areas of confusion and duplication in an effort to better serve and protect the public.

Section 1-2

Statutory Authority

The amendments to these regulations are created pursuant to Section 9-7-105, C.R.S. (2004) of the

Colorado Revised Statutes. All prior rules for explosive materials are hereby repealed.

Section 1-3

Effective Date

These amended regulations shall be effective on May 1, 2019. The previous versions of these regulations

were effective on December 1, 2018, March 10, 2015, and January 1, 2009

y Authority

The amendments to these regulations are created pursuant to Section 9-7-105, C.R.S. (2004) of the

Colorado Revised Statutes. All prior rules for explosive materials are hereby repealed.

Section 1-3

Effective Date

These amended regulations shall be effective on May 1, 2019. The previous versions of these regulations

were effective on December 1, 2018, March 10, 2015, and January 1, 2009.

Section 1-4

Scope

These rules and regulations shall apply to the use, manufacture, purchase, possession, sale, storage,

transportation, and disposal of explosive materials in the State of Colorado by any individual, corporation,

company, firm, partnership, association, or state or local government agency.

These rules and regulations shall not apply to:

(A)

The shipment, transportation, and handling of military explosives by the Armed Forces of the

United States or the State Militia.

Code of Colorado Regulations

Secretary of State

State of Colorado

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(B)

The normal and emergency operations of any government law enforcement agency including all

departments, and divisions thereof, provided they are acting in their official capacity and in the

proper performance of their duties and functions.

(C)

Explosives in the forms prescribed by the official United States Pharmacopoeia or the National

Formulary and used in medicines and medicinal agents.

(D)

Explosive materials while in the course of transportation by for-hire commercial carriers via

railroad, water, highway, or air when the explosive materials are moving under the jurisdiction of,

and in conformity with, regulations adopted by any Federal Department or Agency.

(E)

The components for hand loading rifle, pistol, and shotgun ammunition and/or rifle, pistol, and

shotgun ammunition.

(F)

The manufacture, sale and use (public display) of pyrotechnics commonly known as fireworks,

including signaling devices such as flares, fuses, and torpedoes

are moving under the jurisdiction of,

and in conformity with, regulations adopted by any Federal Department or Agency.

(E)

The components for hand loading rifle, pistol, and shotgun ammunition and/or rifle, pistol, and

shotgun ammunition.

(F)

The manufacture, sale and use (public display) of pyrotechnics commonly known as fireworks,

including signaling devices such as flares, fuses, and torpedoes.

(G)

Gasoline, fertilizers, installed propellant/powder-actuated safety devices or propellant/powder-

actuated power tools.

(H)

The use and storage of model rocket motors containing a propellant weight of 62.5 grams or less

and which produce less than 17.92 pound seconds of total impulse.

No permit shall be required for the occasional purchase of explosives by a person for normal agricultural

purposes where such person is known by the seller of such explosives, and a record is kept of such

transactions by the seller, including the specific purpose for which such explosives will be used, the

location of the purposed use, the signature of the purchaser, and the certification of the seller as to his

personal knowledge of the purchaser. Violation of this record requirement shall cause the seller’s permit

to be canceled. A permit is required for any manufacturing, storage, dealing, or non-agricultural use of

explosives as outlined in Article 3 of this regulation.

No person, firm, partnership, or corporation whose possession of explosive materials is for the purpose of

underground mining, surface or underground metal mining, or surface or underground coal mining and

whose use and storage is subject to regulation by the provisions of 30 Code of Federal Regulations

(CFR) - Parts 56, 57, 75 or 77 shall be subject to the provisions of the Explosives Act, Sections 9-7-101,

et seq., Colorado Revised Statutes (C.R.S.).

No person, firm, partnership, or corporation whose possession, use, or storage of explosive materials is

subject to regulation by the provisions of Colorado Mining Law, Sections 34-21-104 and 34-21-110,

C.R.S

sions of 30 Code of Federal Regulations

(CFR) - Parts 56, 57, 75 or 77 shall be subject to the provisions of the Explosives Act, Sections 9-7-101,

et seq., Colorado Revised Statutes (C.R.S.).

No person, firm, partnership, or corporation whose possession, use, or storage of explosive materials is

subject to regulation by the provisions of Colorado Mining Law, Sections 34-21-104 and 34-21-110,

C.R.S. shall be subject to the provisions of the Explosives Act, Sections 9-7-101, et seq., C.R.S.

A permit issued by the Division of Oil and Public Safety shall be required for the possession, use, or

storage of explosives in mining operations whose use and storage is not subject to the provisions of 30

CFR - Parts 56, 57, 75 or 77 or Colorado Mining Law, Sections 34-21-104 and 34-21-110, C.R.S.

Except as noted in the foregoing, the Division of Oil and Public Safety may approve or disapprove the

location for, and limit the quantity of, explosives or blasting agents which may be loaded, unloaded,

reloaded, stored, or temporarily retained at any facility within the State of Colorado.

The Division of Oil and Public Safety may issue an explosive permit for continued use for a period of time

not to exceed 36 months.

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Section 1-5

Definitions

The following publications and codes are hereby incorporated by this reference:

•

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice,

Publication ATF P 5400.7, ATF- Explosives Law and Regulations (2012) – Bureau of Alcohol,

Tobacco, Firearms and Explosives (ATF), 99 New York Avenue, NE; Washington, DC 20226.

https://www.atf.gov

•

Title 49 CFR - Parts 100-177 (inclusive) https://www.govinfo.gov Parts 390-397 U.S. Department

of Transportation (Revised September 27, 2012) – US DOT FMCSA, 1200 New Jersey Avenue,

SE; Washington, DC 80590

ication ATF P 5400.7, ATF- Explosives Law and Regulations (2012) – Bureau of Alcohol,

Tobacco, Firearms and Explosives (ATF), 99 New York Avenue, NE; Washington, DC 20226.

https://www.atf.gov

•

Title 49 CFR - Parts 100-177 (inclusive) https://www.govinfo.gov Parts 390-397 U.S. Department

of Transportation (Revised September 27, 2012) – US DOT FMCSA, 1200 New Jersey Avenue,

SE; Washington, DC 80590. https://www.fmcsa.dot.gov

•

National Electric Code (NEC), 2017 Edition, National Fire Protection Association (NFPA) – NFPA

(NEC), 1 Batterymarch Park, Quincy, MA 02169. https://catalog.nfpa.org

•

Institute of Makers of Explosives (IME) Safety Library Publication No. 22 (February 2007) – IME,

1212 New York Avenue, NW, Suite 650; Washington, DC 20005. https://www.ime.org

•

Institute Of Makers Of Explosives (IME) Safety Library Publication No. 20 (December 2011) -

IME, 1212 New York Avenue, NW, Suite 650; Washington, DC 20005. https://www.ime.org

•

The Avalanche Artillery Users of North America Committee (AAUNAC) Training Standard

(Revised May 16, 2012) – AAUNAC, PO Box 8095, 8920 South Collins Road; Alta, UT 84092

These rules incorporate the editions and revisions specified. Subsequent editions and revisions have not

been incorporated by this reference. The publications incorporated by this reference may be examined

and a copy of them may be obtained upon request and payment of the cost of reproduction during regular

business hours from the Colorado Department of Labor and Employment, Division of Oil and Public

Safety, 633 17th Street, Suite 500, Denver, CO 80202, and may also be inspected at the state depository

libraries.

The following words when used in these rules and regulations shall mean:

AIR OVERPRESSURE, OVERPRESSURE: The airborne shock wave or acoustic transient generated by

an explosive

ring regular

business hours from the Colorado Department of Labor and Employment, Division of Oil and Public

Safety, 633 17th Street, Suite 500, Denver, CO 80202, and may also be inspected at the state depository

libraries.

The following words when used in these rules and regulations shall mean:

AIR OVERPRESSURE, OVERPRESSURE: The airborne shock wave or acoustic transient generated by

an explosive.

AMERICAN TABLE OF DISTANCES: A quantity-distance table prepared and approved by the Institute of

the Makers of Explosives, for storage of explosive materials to determine safe distances from

inhabited buildings, public highways, passenger railways, and other stored explosive materials.

See Section 4.6 of these regulations.

AMMONIUM NITRATE: The ammonium salt of nitric acid represented by the formula NH4NO3.

APPROVED STORAGE FACILITY (APPROVED MAGAZINE): A facility for the storage of explosives

materials conforming to the requirements of these rules and regulations.

ATTEND(ED): The physical presence of an authorized person within the field of vision of explosives or

the use of explosives.

AUTHORIZED, APPROVED, OR APPROVAL: Terms which mean approved, approval, or authorized by

the Division.

AUTHORIZED PERSON: A person approved or assigned by the management to perform a specific type

of duty or duties or to be at a specific location or locations at the job site.

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vision of explosives or

the use of explosives.

AUTHORIZED, APPROVED, OR APPROVAL: Terms which mean approved, approval, or authorized by

the Division.

AUTHORIZED PERSON: A person approved or assigned by the management to perform a specific type

of duty or duties or to be at a specific location or locations at the job site.

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ARMED CHARGE: An explosive cartridge that contains a detonator.

ARTIFICIAL BARRICADE: An artificial mound, berm, or wall of earth of a minimum thickness of 3 feet, or

any other approved barricade that offers equivalent protection.

AVALAUNCHER: A compressed gas explosives delivery system designed for avalanche hazard

mitigation.

BARRICADED: The effective screening of a building or magazine containing explosive materials from

another magazine or building, railway, or highway by a natural or artificial barrier. A straight line

from the top of any sidewall of the building or magazine containing explosives materials to the

eave line of any magazine or building or to a point 12 feet above the center of a railway or

highway shall pass through the barrier.

BINARY (TWO-COMPONENT) EXPLOSIVE: A blasting explosive formed by the mixing or combining of

two precursor chemicals, (e.g., ammonium nitrate and nitromethane).

BLACK POWDER: A deflagrating or low explosive compound of an intimate mixture of sulfur, charcoal

and an alkali nitrate (usually potassium or sodium nitrate).

BLAST AREA: Area of the blast within the influence of flying rock missiles, gases, vibration, and

concussion.

BLASTER: A Type I permitted individual who is permitted by the Division to possess and control the use

of explosives.

BLASTER IN CHARGE: A Type I permittee who is in charge of and responsible for the loading or

preparing of the explosives charges, and either physically initiates the charge or is physically

present when the charge is initiated at a specific job site

ases, vibration, and

concussion.

BLASTER: A Type I permitted individual who is permitted by the Division to possess and control the use

of explosives.

BLASTER IN CHARGE: A Type I permittee who is in charge of and responsible for the loading or

preparing of the explosives charges, and either physically initiates the charge or is physically

present when the charge is initiated at a specific job site. This individual is in charge of the

planning of the blast at a specific job site, the supervision of all persons assisting on the blast and

all persons in training, and is responsible for the inventory, inventory records, and blast records

for the blast.

BLASTING AGENT: An explosive material which meets prescribed criteria for insensitivity to initiation.

For storage, Title 27, CFR, Section 55.11, defines a blasting agent as any material or mixture

consisting of fuel and oxidizer intended for blasting, not otherwise defined as an explosive

provided that the finished product, as mixed for use or shipment, cannot be detonated by means

of a No. 8 Blasting Cap when unconfined (Bureau of Alcohol, Tobacco, Firearms, and Explosives

Regulation).

For transportation, Title 49 CFR defines a blasting agent as a material designed for blasting

which has been tested and found to be so insensitive that there is very little probability of

accidental initiation to explosion or transition from deflagration to detonation (US Department of

Transportation Regulation).

BLASTING MAT: A mat of woven steel, wire, rope, scrap tires, or other suitable material or construction

to cover blast holes for the purpose of preventing flying rock missiles.

BLAST PATTERN, DRILL PATTERN: The plan of the drill holes laid out for blasting; an expression of the

burden distance, the spacing distance and their relationship to each other

(US Department of

Transportation Regulation).

BLASTING MAT: A mat of woven steel, wire, rope, scrap tires, or other suitable material or construction

to cover blast holes for the purpose of preventing flying rock missiles.

BLAST PATTERN, DRILL PATTERN: The plan of the drill holes laid out for blasting; an expression of the

burden distance, the spacing distance and their relationship to each other.

BLAST SITE: Area where explosive material is handled during blasting operations, including the

perimeter of blast holes and a distance of 50 feet in all directions from explosive charges, loaded

boreholes or boreholes to be loaded.

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BOOSTER: An explosive charge, usually of high detonation velocity and detonation pressure, designed

to be used in the initiation sequence between an initiator or primer and the main charge.

BOREHOLE, BLAST HOLE, DRILL HOLE: A hole drilled in the material to be blasted, for the purpose of

containing an explosive charge.

BULK MIX: A mass of explosive material prepared for use in bulk form without packaging.

BULK MIX DELIVERY EQUIPMENT: Equipment (usually a motor vehicle with or without a mechanical

delivery device) which transports explosive material in bulk form for mixing and/or loading directly

into blast holes.

BULLET-RESISTANT: Magazine walls or doors of construction resistant to penetration of a bullet of 150-

grain M2 ball ammunition having a nominal muzzle velocity of 2,700 feet per second fired from a

.30 caliber rifle from a distance of 100 feet perpendicular to the wall or door.

When a magazine ceiling or roof is required to be bullet-resistant, the ceiling or roof shall be

constructed of materials comparable to the side walls or of other materials which will withstand

penetration of the bullet described above when fired at an angle of 45 degrees from

perpendicular

eet per second fired from a

.30 caliber rifle from a distance of 100 feet perpendicular to the wall or door.

When a magazine ceiling or roof is required to be bullet-resistant, the ceiling or roof shall be

constructed of materials comparable to the side walls or of other materials which will withstand

penetration of the bullet described above when fired at an angle of 45 degrees from

perpendicular.

Tests to determine bullet resistance shall be conducted on test panels or empty magazines which

shall resist penetration of 5 out of 5 shots placed independently of each other in an area of at

least 3 feet by 3 feet. Examples of construction that meet this definition are given in Article 4 as

alternate construction standards for Type 1 and Type 2 magazines.

BULLET-SENSITIVE EXPLOSIVE MATERIAL: Explosive material that can be detonated by 150 grain

M2 ball ammunition having a nominal muzzle velocity of 2,700 feet per second when the bullet is

fired from a .30 caliber rifle at a distance of not more than 100 feet and the test material, at a

temperature of 70-75 degrees Fahrenheit, is placed against a backing material of 2 inch steel

plate.

BURDEN: The distance from the borehole and the nearest free face, or the distance between boreholes

measured perpendicular to the spacing. Also, the total amount to be blasted by a given hole,

which is usually measured in cubic yards or tons.

BUS WIRE: Expendable heavy gauge bare copper wire used to connect detonators or series of

detonators in parallel.

CHARGE-PER-DELAY: Any charges firing within any 8-millisecond time period are considered to have a

cumulative effect on vibration and air over-pressure effects. Therefore, the maximum charge-per-

delay (w) is the maximum weight of all charges firing within any 8-millisecond (ms) time period

from the time a blast starts until the time it ends. For example, if two 10-lb charges fire at 100 ms

and one 15-lb charge fires at 105 ms, the maximum charge-per-delay (w) for this time period

would be 35 lbs

mulative effect on vibration and air over-pressure effects. Therefore, the maximum charge-per-

delay (w) is the maximum weight of all charges firing within any 8-millisecond (ms) time period

from the time a blast starts until the time it ends. For example, if two 10-lb charges fire at 100 ms

and one 15-lb charge fires at 105 ms, the maximum charge-per-delay (w) for this time period

would be 35 lbs.

COLLAR: The mouth or opening of a borehole.

CONNECTING WIRE: Wire used to extend the firing line or leg wires in the electric blasting circuit.

CONTROL: To directly exercise authority or dominating influence over the use, manufacture, acquisition,

purchase, sale, distribution, storage, transportation, or disposal of explosive materials.

CORNICE: An overhanging mass of windblown snow or ice, usually located near a sharp terrain break.

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DATE-SHIFT CODE: A code, required by federal regulation (ATF), applied by manufacturers to the

outside shipping containers, and, in many instances, to the immediate containers of explosive

materials to aid in their identification and tracing. The code indicates the date, work shift and plant

of manufacture.

DAY BOX: A portable magazine for the temporary and attended storage of explosives. Day boxes shall

meet construction requirements of a Type 3 magazine.

DEALER: Any person engaged in the business of distributing explosive material at wholesale or retail.

DECK: An explosive charge that is separated from other charges in the blast hole by stemming or an air

cushion.

DEFLAGRATION: An explosive reaction, such as rapid combustion, that moves through an explosive

material at a velocity less than the speed of sound in the material.

DENSITY: The mass of an explosive per unit volume, usually expressed in grams per cubic centimeter or

pounds per cubic foot.

DETONATING CORD: A flexible cord containing a center core of high explosives, which may be used to

initiate other high explosives

xplosive reaction, such as rapid combustion, that moves through an explosive

material at a velocity less than the speed of sound in the material.

DENSITY: The mass of an explosive per unit volume, usually expressed in grams per cubic centimeter or

pounds per cubic foot.

DETONATING CORD: A flexible cord containing a center core of high explosives, which may be used to

initiate other high explosives.

DETONATION: An explosive reaction that moves through an explosive material at a velocity greater than

the speed of sound in the material.

DETONATOR: Any device containing any initiating or primary explosive that is used for initiating

detonation. A detonator may not contain more than 10 grams of total explosives by weight,

excluding ignition or delay charges. The term includes, but is not limited to, electric blasting caps

of instantaneous and delay types, electronic detonators, blasting caps for use with safety fuses,

detonating cord delay connectors, and non-electric instantaneous and delay blasting caps which

use detonating cord, shock tube, or any other replacement for electric leg wires.

DIVISION: The Director of the Division of Oil and Public Safety of the Department of Labor and

Employment or any designees thereof which may include certain employees of the Division of Oil

and Public Safety or other persons.

DOWN LINE: A line of detonating cord or plastic tubing in a blast hole which transmits detonation from

the trunkline or surface delay system down the hole to the primer.

ELECTRIC DETONATOR: A detonator designed for and capable of initiation by means of an electric

current.

ELECTRONIC DETONATORS: A detonator that utilizes stored electrical energy as a means of powering

an electronic timing delay element/module and that provides initiation energy for firing the base

charge.

EMULSION: An explosive material containing substantial amounts of oxidizers dissolved in water droplets

surrounded by an immiscible fuel, or droplets of an immiscible fuel surrounded by water

containing substantial amounts of oxidizer

at utilizes stored electrical energy as a means of powering

an electronic timing delay element/module and that provides initiation energy for firing the base

charge.

EMULSION: An explosive material containing substantial amounts of oxidizers dissolved in water droplets

surrounded by an immiscible fuel, or droplets of an immiscible fuel surrounded by water

containing substantial amounts of oxidizer.

EXPLOSIVE: Any chemical compound, mixture or device, the primary or common purpose of which is to

function by explosion; the term includes, but is not limited to, dynamite and other high explosives,

black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating

cord, igniter cord and igniters.

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EXPLOSIVE MATERIALS: These include explosives, blasting agents, and detonators. The term includes

but is not limited to dynamite and other high explosives; slurries, emulsions, and water gels, black

powder, initiating explosives, propellant rockbreaking cartridges (such as Rockrackers™),

detonators (blasting caps), safety fuses, squibs, detonating cord, igniter cord, and igniters. Binary

explosives (such as Kinepak™ or Execon™), sold in two or more components, are considered an

explosive material requiring a Division explosives permit.

EXPLOSIVE OILS: Liquid explosive sensitizers for explosive materials (.e.g., nitroglycerin, ethylene

glycol dinitrate and metriol trinitrate).

EXTRANEOUS ELECTRICITY: Electrical energy, other than actual firing current or the test current from a

blasting galvanometer, that is present at a blast site and that could enter a blasting circuit. It

includes stray current, static electricity, electromagnetic waves, and time varying electric and

magnetic fields

e materials (.e.g., nitroglycerin, ethylene

glycol dinitrate and metriol trinitrate).

EXTRANEOUS ELECTRICITY: Electrical energy, other than actual firing current or the test current from a

blasting galvanometer, that is present at a blast site and that could enter a blasting circuit. It

includes stray current, static electricity, electromagnetic waves, and time varying electric and

magnetic fields.

FIRE EXTINGUISHER RATING: A rating set forth in the National Fire Code which may be identified on

an extinguisher by a number (5, 20, 70, etc.) indicating the extinguisher’s relative effectiveness,

followed by a letter (A, B, C, etc.) indicating the class or classes of fires for which the extinguisher

has been found to be effective.

FIRE-RESISTANT: Construction designed to provide reasonable protection against fire. For exterior walls

or magazine constructed of wood, this shall mean fire resistance equivalency provided by sheet

metal of not less than #26 gauge.

FIRING LINE: The wire(s) connecting the electrical power source with the electric or electronic blasting

circuit.

FLYROCK: Dirt, mud, stone, fragmented rock or other material that is propelled from the blast site by the

force of an explosion.

FREE FACE: A rock surface exposed to air or water which provides room for expansion upon

fragmentation.

FUSE (SAFETY): A flexible cord containing an internal burning medium by which fire or flame is

conveyed at a continuous and uniform rate from the point of ignition to a cut end. A fuse

detonator is usually attached to that end, although safety fuse may be used without a detonator to

ignite material such as deflagrating explosives.

FUSE DETONATOR, BLASTING CAP: A detonator which is initiated by a safety fuse or used in an

avalauncher round; also referred to as an ordinary blasting cap. Also see detonator.

FUSE LIGHTERS: Pyrotechnic devices for the rapid and certain lighting of safety fuse.

FUEL: A substance which may react with oxygen to produce combustion

thout a detonator to

ignite material such as deflagrating explosives.

FUSE DETONATOR, BLASTING CAP: A detonator which is initiated by a safety fuse or used in an

avalauncher round; also referred to as an ordinary blasting cap. Also see detonator.

FUSE LIGHTERS: Pyrotechnic devices for the rapid and certain lighting of safety fuse.

FUEL: A substance which may react with oxygen to produce combustion.

GRAINS: In the avoirdupois system of weight measurement, 7,000 7000 grains are equivalent to one

standard, 16-ounce pound (0.45 kg). A grain is 0.0648 grams in both the avoirdupois and troy

systems.

GROUND VIBRATION: Shaking the ground by elastic waves emanating from a blast; usually measured

in inches per second of particle velocity.

HARDWOOD: Red Oak, White Oak, Hard Maple, Ash, or Hickory, free from loose knots, wind shakes, or

similar defects.

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HIGH EXPLOSIVES: Explosives which are characterized by a very high rate of reaction, high pressure

development and the presence of a detonation wave, including, but not limited to, dynamite,

detonating cord, cast boosters, detonators, cap-sensitive slurry, emulsion, or water gels, and

mixed binaries.

HOWITZER: A military cannon that delivers projectiles at medium muzzle velocity at low or high

trajectories.

INHABITED AREA OR BUILDING: A building regularly occupied in whole or in part as a habitation for

human beings, or any church, schoolhouse, railroad station, store, or other structure where

people are accustomed to assemble, except any building or structure occupied in connection with

the manufacture, transportation, storage, and use of explosive materials.

INSPECTOR: An Inspector of the Division.

INITIATION: The start of deflagration or detonation in an explosive material.

INITIATION SYSTEM: Combination of explosive devices and accessories (detonators, wire, cord, etc.)

designed to convey a signal and initiate an explosive charge

ilding or structure occupied in connection with

the manufacture, transportation, storage, and use of explosive materials.

INSPECTOR: An Inspector of the Division.

INITIATION: The start of deflagration or detonation in an explosive material.

INITIATION SYSTEM: Combination of explosive devices and accessories (detonators, wire, cord, etc.)

designed to convey a signal and initiate an explosive charge.

LAWFUL POSSESSOR: A Type II permittee who has legally purchased or acquired explosive materials.

LOADING DENSITY: The weight of explosive, expressed as pounds per foot or kilograms per meter of

borehole.

LOW EXPLOSIVES: Explosives which are characterized by deflagration or a low rate of reaction and the

development of low pressure.

MAGAZINE: Any building, structure, or container, other than an explosives manufacturing building,

approved for the storage of explosive materials.

MAGAZINE DISTANCE: Shall mean the minimum distance permitted between any two storage

magazines which is expected to prevent propagation of an explosion from one magazine to

another from a blast.

MAKE-UP ROOM: A room located inside an uninhabited building which shall be used for the assembly of

cap and fuse or for the arming of explosive charges used in avalanche mitigation work.

MANUFACTURER: Any individual, corporation, company, firm, partnership, association, or state or local

government agency engaged in the business of manufacturing explosive materials for the

purpose of sale, distribution or for his own use.

MASS DETONATION: When a unit or any part or quantity of explosive material detonates and causes all

or a substantial part of the remaining material to detonate.

MISFIRE: A blast that fails to detonate completely after an attempt at initiation. This term is also used to

describe the explosive material itself that has failed to detonate as planned.

MOTOR VEHICLE: A vehicle, machine, tractor, semi-trailer or other conveyance propelled or drawn by

mechanical power. Does not include vehicles operated exclusively on rail

t of the remaining material to detonate.

MISFIRE: A blast that fails to detonate completely after an attempt at initiation. This term is also used to

describe the explosive material itself that has failed to detonate as planned.

MOTOR VEHICLE: A vehicle, machine, tractor, semi-trailer or other conveyance propelled or drawn by

mechanical power. Does not include vehicles operated exclusively on rail.

NATURAL BARRICADE: Natural features of the ground, such as hills, or timber of sufficient density that

the surrounding exposures which require protection cannot be seen from the magazine when the

trees are bare of leaves.

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NON-ELECTRIC DETONATOR: A detonator that does not require the use of electric energy to function.

OXIDIZER OR OXIDIZING MATERIAL: A substance, such as nitrite, that readily yields oxygen or other

oxidizing substances to promote the combustion of organic matter or other fuel.

PERMANENT STORAGE MAGAZINE: Type 1 magazines or Type 2, Type 4, or Type 5 magazines that

have been at the same location for longer than 90 days.

PARTICLE BOARD: A composition board made of small pieces of wood that have been bonded

together.

PARTICLE VELOCITY: A measure of the intensity of ground vibration, specifically the velocity of motion

of the ground particles as they are excited by the wave energy.

PERMITTEE: Any user, purchaser, manufacturer, dealer, storer, disposer, or transporter of explosives for

a lawful purpose, who has obtained a permit from the Division.

PERSON: Any individual, corporation, company, firm, partnership, association, or state or local

government agency.

PETN: Pentaerythritol tetranitrate.

PLACARDS: Division of Transportation Approved Title 49 CFR signs placed on vehicles transporting

hazardous materials (including explosive materials) indicating the nature of the cargo.

PLYWOOD: Exterior construction-grade plywood

from the Division.

PERSON: Any individual, corporation, company, firm, partnership, association, or state or local

government agency.

PETN: Pentaerythritol tetranitrate.

PLACARDS: Division of Transportation Approved Title 49 CFR signs placed on vehicles transporting

hazardous materials (including explosive materials) indicating the nature of the cargo.

PLYWOOD: Exterior construction-grade plywood.

POSSESS: The physical possession of explosives on one’s person, or in the person’s vehicle, magazine

or building.

POWDER: A common synonym for explosive materials.

POWDER FACTOR: The amount of explosives used per unit of blasted material (see Loading Density).

PRIMER: A unit, package, or cartridge of explosives used to initiate other explosives or blasting agents,

which contains either a detonator or a detonating cord to which a detonator designed to initiate

the detonating cord is attached.

PROPELLANT/POWDER-ACTUATED POWER DEVICE: Any tool or special mechanized device or gas

generator system which is actuated by a propellant or which releases and directs work through a

propellant charge.

PUBLIC CONVEYANCE: Any railroad car, streetcar, ferry, cab, bus, aircraft, or other vehicle carrying

passengers for hire.

PUBLIC HIGHWAY: Shall mean any public street, alley, or road.

PUBLIC HIGHWAY DISTANCE: Shall mean the minimum distance permitted between a public highway

and an explosives magazine.

PUBLIC PLACE: A place which the public or a substantial number of the public has access, and includes

but is not limited to, highways, transportation facilities, schools, places of amusement, parks,

playgrounds, and the common areas of public and private buildings and facilities.

PURCHASER: A Type II permittee who acquires explosives.

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A place which the public or a substantial number of the public has access, and includes

but is not limited to, highways, transportation facilities, schools, places of amusement, parks,

playgrounds, and the common areas of public and private buildings and facilities.

PURCHASER: A Type II permittee who acquires explosives.

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PYROTECHNICS, FIREWORKS: Any combustible or explosive compositions or manufactured articles

designed and prepared for the purpose of producing audible or visible effects.

RAILWAY: Any steam, electric, or other type of railroad or railway.

RESPONSIBLE PERSON: A Type I permitted individual who is directly responsible for a Type II

permittee’s compliance with the provisions of the Explosives Act, 9-7, C.R.S., and any rules and

regulations promulgated thereunder.

SAFETY FUSE: A flexible cord containing an internal burning medium by which fire or flame is conveyed

at a continuous and uniform rate from the point of ignition to a cut end. A fuse detonator is usually

attached to that end, although safety fuse may be used without a detonator to ignite material such

as deflagrating explosives.

SCALED DISTANCE (DS): A factor relating similar blast effects from various weight charges of explosive

material at various distances. Scaled Distances referring to blasting effects are obtained by

dividing the distance of concern by a fractional power of the charge weight per delay of the

explosive materials.

SECURED STORAGE: An area which is protected from weather and is theft-resistant and in compliance

with the uniform fire code.

SEISMOGRAPH: An instrument that is useful in monitoring blasting operations for recording records

ground vibration. Particle velocity, displacement or acceleration is generally measured and

recorded in three mutually-perpendicular directions

elay of the

explosive materials.

SECURED STORAGE: An area which is protected from weather and is theft-resistant and in compliance

with the uniform fire code.

SEISMOGRAPH: An instrument that is useful in monitoring blasting operations for recording records

ground vibration. Particle velocity, displacement or acceleration is generally measured and

recorded in three mutually-perpendicular directions.

SEMI-CONDUCTIVE HOSE: A hose used for pneumatic conveying of explosive materials, having an

electrical resistance high enough to limit flow of stray electric currents to safe levels yet not so

high as to prevent drainage of static electric charges to ground. A hose of not more than 2

megohms resistance over its entire length and of not less than 1,000 ohms per foot (3280 ohms

per meter) meets this requirement.

SENSITIVITY: A physical characteristic of an explosive material classifying its ability to be initiated upon

receiving an external impulse, such as heat impact, shock, friction, static electricity, stray current

or other influence which can cause explosive decomposition.

SHALL: Means that the rule establishes a minimum standard which is mandatory.

SHOCK TUBE: A small diameter plastic tube containing reactive material used for initiating detonators. It

contains only a limited amount of reactive material such that the energy that is transmitted

through the tube by means of a detonation wave is guided through and confined within the walls

of the tube.

SITE: Area where active blasting is taking place or the location of explosives storage magazines.

SLURRY/WATER GEL: An explosive material containing substantial portions of a liquid, oxidizers, and

fuel, plus a thickener.

SMALL ARMS AMMUNITION: Any cartridge for a shotgun, rifle, pistol, or revolver, and cartridges for

propellant-actuated power device and industrial guns. Military-type ammunition containing

explosive bursting charges, or any incendiary, tracer, spotting, or pyrotechnic projectile is

excluded from this definition

ial containing substantial portions of a liquid, oxidizers, and

fuel, plus a thickener.

SMALL ARMS AMMUNITION: Any cartridge for a shotgun, rifle, pistol, or revolver, and cartridges for

propellant-actuated power device and industrial guns. Military-type ammunition containing

explosive bursting charges, or any incendiary, tracer, spotting, or pyrotechnic projectile is

excluded from this definition.

SOFTWOOD: Douglas Fir, or other wood of equal bullet-resistance, free of loose knots, wind shakes, or

similar defects.

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SPACING: The distance between boreholes. In bench blasting, the distance is measured parallel to the

free face and perpendicular to the burden.

STATIC ELECTRICITY: Electric charge at rest on a person or object. It is most often produced by the

contact and separation of dissimilar insulating materials.

STEMMING: Inert material placed in a borehole on top of or between separate charges of explosive

material, used for the purpose of confining explosive materials or to separate charges of

explosive material in the same borehole.

STEEL: General purpose (hot or cold rolled) low carbon steel, such as specification ASTM A366 or

equivalent.

STORAGE: The safekeeping of explosives in unattended magazines.

TEMPORARY STORAGE MAGAZINE: A Type 1, Type 2, Type 4, or Type 5 magazine that is at a

location for a period not to exceed 90 days.

THEFT-RESISTANT: Construction designed to deter illegal entry into facilities used for the storage of

explosive material.

TWO-COMPONENT: See binary explosive.

TRANSPORTATION: The conveyance or carrying of explosives from one place to another by means of a

motorized vehicle or device.

TYPE I EXPLOSIVES PERMIT: A permit issued by the Division to individuals who possess and control

explosive materials during the use, manufacture, acquisition, purchase, sale, distribution, storage,

transportation, or disposal of explosives materials

T: See binary explosive.

TRANSPORTATION: The conveyance or carrying of explosives from one place to another by means of a

motorized vehicle or device.

TYPE I EXPLOSIVES PERMIT: A permit issued by the Division to individuals who possess and control

explosive materials during the use, manufacture, acquisition, purchase, sale, distribution, storage,

transportation, or disposal of explosives materials.

TYPE II EXPLOSIVES PERMIT: A permit issued by the Division to corporations, companies,

partnerships, firms, individuals operating a business, associations, or state or local government

agencies involved in the use, purchase, sale, manufacture, transportation, acquisition, distribution

or disposal of explosives materials.

TYPE III EXPLOSIVES PERMIT: A permit issued by the Division to corporations, companies,

partnerships, firms, individuals operating a business, associations, or state or local government

agencies for the storage of explosives in approved magazines.

WEATHER-RESISTANT: Construction designed to offer reasonable protection against weather.

U.S. DEPARTMENT OF TRANSPORTATION EXPLOSIVE CLASSIFICATIONS FOR THE

TRANSPORTATION OF EXPLOSIVES:

Division 1.1:

Explosives that have a mass explosion hazard

Division 1.2:

Explosives that have a projection hazard but not a mass explosion hazard

Division 1.3:

Explosives that have a fire hazard and either a minor blast hazard or minor

projection hazard or both, but not a mass explosion hazard

Division 1.4:

Explosives that present minor explosion hazard

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ve a mass explosion hazard

Division 1.2:

Explosives that have a projection hazard but not a mass explosion hazard

Division 1.3:

Explosives that have a fire hazard and either a minor blast hazard or minor

projection hazard or both, but not a mass explosion hazard

Division 1.4:

Explosives that present minor explosion hazard

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Division 1.5:

Very insensitive explosives that have a mass explosion hazard, but are so

insensitive that there is little probability of initiation or of transition from burning to

detonation under normal conditions of transport (Blasting Agents)

ARTICLE 2

GENERAL REQUIREMENTS

Section 2-1

Miscellaneous Requirements

(A)

No person shall sell, display, or expose for sale an explosive or blasting agent on any public way

or public place.

(B)

No person shall sell, deliver, or give possession and control of explosives materials to any person

not in possession of a valid permit except an authorized for-hire commercial carrier transporting

between two valid permittees.

(C)

No person shall sell, purchase, store, transport, use or otherwise possess or control any

explosive material without the authorization of the lawful possessor of the explosive material. The

lawful possessor shall file a written list of authorized Type I permittees with the Division and shall

notify the Division of any changes in writing.

(D)

Any theft or loss of explosives or blasting agents, whether from a storage magazine or area, a

vehicle in which they are being transported, or from a site where they are being used, or from any

other location, shall immediately (but in no event later than 24 hours) be reported by the person

having control of such explosives or blasting agents to the local sheriff or local police, the Bureau

of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Division

m a storage magazine or area, a

vehicle in which they are being transported, or from a site where they are being used, or from any

other location, shall immediately (but in no event later than 24 hours) be reported by the person

having control of such explosives or blasting agents to the local sheriff or local police, the Bureau

of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Division.

(E)

All individuals, corporations, companies, firms, partnerships, associations, or state or local

government agencies conducting an operation or activity requiring the use, possession,

purchase, sale, manufacturing, storage, acquisition, distribution, transportation or disposal of any

explosive materials shall:

(1)

Obtain a permit from the Division prior to conducting such operation or activity and shall

be responsible for the results and any other consequences of any loading and firing of

the explosive materials; and

(2)

NOT delegate either performance of the blast or accountability for such performance to

another person(s).

(F)

The Division, Public Safety Section and local law enforcement authority shall be notified

immediately by the permittee of any accident, explosion, fire, or misuse of explosives which

occurs in connection with the use, manufacture, possession, sale, transportation, storage or

disposal of explosives that results in the loss of life, personal injury, or damage to any property.

(G)

The Division may inspect the site where any accident, explosion, fire, misuse, theft or loss of

explosives occurred.

(H)

A Division representative may enter during normal business hours, without advance notice, the

premises of any permittee, including places of storage or use, for the purpose of inspecting or

examining any records or documents required under these regulations and any explosives

material used or stored at the premises.

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(H)

A Division representative may enter during normal business hours, without advance notice, the

premises of any permittee, including places of storage or use, for the purpose of inspecting or

examining any records or documents required under these regulations and any explosives

material used or stored at the premises.

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(I)

All corporations, companies, partnerships, firms, individuals operating a business, associations,

or state or local government agencies conducting blasting operations shall have a certificate of

liability insurance, be named as an also insured on another liability insurance policy, or shall have

obtained a signed release of liability for damages from blasting operations from all parties who

may be potentially affected by blasting operations. The U.S. Forest Service (USFS) should be

notified prior to all blasting activities that occur on USFS land.

ARTICLE 3

EXPLOSIVES PERMIT

Section 3-1

Basic Legal Obligations

(A)

Except as specifically allowed by these regulations, it is unlawful for any person to use, possess

and control, manufacture, purchase, sell, store, transport, or dispose of any explosive material

without possessing a valid permit from the Division (18-12-109 (2) and 9-7-101, et seq., C.R.S.).

Section 3-2

General Requirements

(A)

Permits issued under these rules and regulations shall be dated and numbered. Each permit will

indicate class of permit, and shall be valid for up to 36 months after the date of issue unless

revoked or suspended by the Division, and shall be renewed on or before the expiration date. The

application for renewal of permits shall be made to the Division prior to the renewal date to avoid

possible lapse of said permit. The Division shall send a notice a minimum of 60 days prior to the

expiration date

te class of permit, and shall be valid for up to 36 months after the date of issue unless

revoked or suspended by the Division, and shall be renewed on or before the expiration date. The

application for renewal of permits shall be made to the Division prior to the renewal date to avoid

possible lapse of said permit. The Division shall send a notice a minimum of 60 days prior to the

expiration date. The failure of the permittee to receive timely notice from the Division shall not

excuse the permittee’s requirement to submit a renewal application not less than 30 days prior to

the expiration date.

(B)

Upon notice from the Division or any law enforcement agency having jurisdiction, a person using,

manufacturing, purchasing, selling, storing, transporting, disposing, or otherwise in possession

and control of any explosives without a permit shall immediately surrender any and all such

explosives to the Division or to the law enforcement agency designated by the Division.

(C)

The Division shall require, as a condition precedent to the original issuance of any explosives

permit, fingerprinting and criminal history record checks for every individual applicant.

Fingerprints shall be submitted on forms provided to the applicant by the Division. If a Type I

permit holder submits a complete application for renewal, fingerprint cards are not required

unless requested by the Division. As a condition precedent to renewal of any explosives permit

for an individual, a criminal background check is required.

(D)

No person shall withhold information or make any false statement or fictitious oral or written

statement or furnish or exhibit any false, fictitious, or misrepresented identification, intended or

likely to deceive for the purpose of obtaining or retaining an explosives permit.

(E)

No person shall knowingly make any false entry in any record that a permittee is required to keep

pursuant to these regulations

shall withhold information or make any false statement or fictitious oral or written

statement or furnish or exhibit any false, fictitious, or misrepresented identification, intended or

likely to deceive for the purpose of obtaining or retaining an explosives permit.

(E)

No person shall knowingly make any false entry in any record that a permittee is required to keep

pursuant to these regulations.

(F)

When a permit has expired and has not been renewed, the applicable County Sheriff’s

Department shall be notified by the Division, and the Type II permittee must turn over any

remaining explosives which the permittee is in possession of directly to the Division or the law

enforcement agency designated by the Division, or in the presence of the Division or the law

enforcement agency designated by the Division, surrender control of all remaining explosives

which the permittee is in possession of to a valid Type II permittee.

(G)

All permittees shall take every reasonable precaution to protect their permits from loss, theft,

defacement, destruction, or unauthorized duplication. The loss or theft of any permit shall be

reported immediately to the local law enforcement agency and to the Division.

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Section 3-3

Revocation, Suspension, or Denial of Explosives Permits

(A)

The Division shall not issue a permit to any person who:

(1)

Is under 21 years of age;

(2)

Has been convicted in any court of a crime punishable by imprisonment for a term

exceeding 1 year;

(3)

Is currently charged with, or has a charge pending for a crime punishable by

imprisonment for a term exceeding 1 year;

(4)

Is a fugitive from justice;

(5)

Has been convicted of a crime involving the illegal distribution of marijuana, any

depressant or stimulant drug, or narcotic drug, perjury, fraud, false swearing, or bomb

threats;

crime punishable by imprisonment for a term

exceeding 1 year;

(3)

Is currently charged with, or has a charge pending for a crime punishable by

imprisonment for a term exceeding 1 year;

(4)

Is a fugitive from justice;

(5)

Has been convicted of a crime involving the illegal distribution of marijuana, any

depressant or stimulant drug, or narcotic drug, perjury, fraud, false swearing, or bomb

threats;

(6)

Has been adjudicated developmentally disabled, mentally unstable, mentally ill or insane,

or to be incompetent due to any mental disability or disease;

(7)

Has been discharged from the armed forces under dishonorable conditions;

(8)

Is an alien, other than an alien who is lawfully admitted for permanent residence or an

alien who has obtained either a letter of clearance or letter of restoration of explosives

privileges from the ATF; or

(9)

Having been a citizen of the United States, has renounced citizenship.

(B)

The Division shall deny or revoke and not renew the permit of any person who is currently

charged with, has a charge pending or has been convicted of any of the following offenses:

(1)

A crime punishable by imprisonment for a term exceeding 1 year;

(2)

A crime involving the illegal distribution of marijuana, any depressant or stimulant drug, or

narcotic drug, bomb threats, perjury, fraud, or false swearing, including making a false

affidavit or statement under oath to the Division in an application or report; or

(3)

A crime relating to use, manufacturing, sale, transportation, possession, or disposal of

explosives.

(C)

The Division may revoke and not renew the permit of any person when the violation of any law or

regulation relating to explosive material or the misuse of explosive materials results in loss of life

or serious injury to any person.

(D)

A permit may be denied, suspended, or revoked by the Division because of, but not limited to the

following:

(1)

Unlawful use of, or addiction to, alcohol, narcotics or illegal drugs;

evoke and not renew the permit of any person when the violation of any law or

regulation relating to explosive material or the misuse of explosive materials results in loss of life

or serious injury to any person.

(D)

A permit may be denied, suspended, or revoked by the Division because of, but not limited to the

following:

(1)

Unlawful use of, or addiction to, alcohol, narcotics or illegal drugs;

(2)

Failure to exercise reasonable safeguards resulting in hazard to life, health, or property;

(3)

Failure to show legitimate use for a permit;

(4)

Failure to show sufficient proof of training or prior experience with explosives;

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(5)

Non-compliance with an order issued by the Division within the time specified in such

order;

(6)

Proof that the permittee or applicant advocates, or knowingly belongs to any organization

or group that advocates the violent overthrow of, or violent action against any federal,

state, or local government or institution;

(7)

Failure to comply with the Colorado Explosives Act, these regulations and Bureau of

Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice,

Publication ATF P 5400.7, ATF- Explosives Law and Regulations (2012);

(8)

Giving false information or a misrepresentation being willfully made to the Division and its

investigators or inspectors to obtain or maintain a permit;

(9)

Making a false affidavit or statement under oath to the Division in an application or report;

or

hol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice,

Publication ATF P 5400.7, ATF- Explosives Law and Regulations (2012);

(8)

Giving false information or a misrepresentation being willfully made to the Division and its

investigators or inspectors to obtain or maintain a permit;

(9)

Making a false affidavit or statement under oath to the Division in an application or report;

or

(10)

Other factors which, at the discretion of the Division, indicate an unfitness to hold an

explosive permit in compliance with state and federal law and these regulations.

(E)

The Division shall revoke the permit of any person adjudicated to be mentally unstable, mentally

ill or insane, or to be incompetent due to any mental disability or disease. The Division shall not

renew the permit until the person has been legally restored to competency.

Section 3-4

Procedure on Revocation, Suspension, or Denial of Explosives Permit

(A)

[Expired 05/15/2020 per House Bill 20-1179]

(B)

[Expired 05/15/2019 per Senate Bill 19-168]

(C)

The period of denial, suspension, or revocation shall be within the sound discretion of the

Division.

(D)

[Expired 05/15/2020 per House Bill 20-1179]

(E)

Any person aggrieved by a decision after a hearing may seek judicial review pursuant to the

provisions of 24-4-106 C.R.S.

(F)

Any person who has been denied a permit may not reapply to the Division for an explosives

permit within one year of the decision, unless exception is made by the Division and the applicant

establishes a substantial change in circumstances to indicate fitness to hold an explosive permit

in accordance with the requirements of these regulations, State and Federal law.

(G)

In case of revocation or suspension of a permit, the Division shall notify all vendors of explosives

of such revocation or suspension.

Section 3-5

Permit Types and Classifications

Permits are separated according to type

tablishes a substantial change in circumstances to indicate fitness to hold an explosive permit

in accordance with the requirements of these regulations, State and Federal law.

(G)

In case of revocation or suspension of a permit, the Division shall notify all vendors of explosives

of such revocation or suspension.

Section 3-5

Permit Types and Classifications

Permits are separated according to type. A permit may have more than one designated classification;

however, for each and every classification requested, the applicant must show legitimate use and

qualifications.

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3-5-1

Type I Explosives Permit

(A)

All individuals who possess and control explosive materials shall have a valid Type I Explosives

Permit issued by the Division.

(B)

The requirements of permitting a Type I permittee shall be:

(1)

An individual who possesses and controls explosive materials during the use,

transportation, storage, distribution, manufacturing, sale, acquisition, or purchase of

explosive materials.

(2)

An individual who makes any or all of the following decisions:

(i)

Decides total quantity of explosives used;

(ii)

Decides borehole size, spacing, or depth;

(iii)

Decides quantity of explosives in each borehole or charge;

(iv)

Decides initiation system to be used;

(v)

Decides timing delays to be used.

(3)

An individual who directly supervises all personnel assisting in the use of explosives and

supervises all personnel in training.

(4)

An individual who shall also be physically present during the use of explosives, at the

point of initiation when a charge is detonated and either initiates the detonation or gives

the order to initiate the detonation of the charge.

(C)

The classification of permits the applicant may apply for shall be:

(1)

Construction

ssisting in the use of explosives and

supervises all personnel in training.

(4)

An individual who shall also be physically present during the use of explosives, at the

point of initiation when a charge is detonated and either initiates the detonation or gives

the order to initiate the detonation of the charge.

(C)

The classification of permits the applicant may apply for shall be:

(1)

Construction

(i)

Applicant must also apply for a Type I transporter permit, or provide to the

Division a written plan documenting the manner in which explosives shall be

legally transported to and from construction sites.

(2)

Construction Limited

(i)

Applicant may use or possess class 1.4 or 1.5 explosives or binary products only.

(3)

Possession

(i)

An individual who possesses explosive materials during the storage, distribution,

component assembly, manufacturing, sale, acquisition or purchase of explosive

materials. This endorsement does not allow an individual to exercise

responsibilities as described in 3-5-1 (B) (2) through (4).

(ii)

The requirement listed in 3-5-1(D)(3) does not apply to this classification.

(4)

Quarry Operations

(5)

Avalanche Mitigation

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(6)

Geophysical Research

(7)

Transporter

(i)

Applicant must submit a copy of his/her Commercial Driver’s License with the

Hazardous Material Endorsement included on it.

(ii)

Required for the transportation of explosive materials and blasting agents in

quantities required to be placarded across or over roads within the state.

(8)

Well Perforation

(9)

Manufacturer

(10)

Special (special use or possession and control as described on the permit, including but

not limited to fabrication, research and development, rock-breaker cartridges, demolition,

law enforcement, unexploded ordnance disposal, purchasing agent, sales agent,.)

(D)

Type I permittee qualifications

(1)

The Type I permittee shall be able to understand and give written and oral orders.

Manufacturer

(10)

Special (special use or possession and control as described on the permit, including but

not limited to fabrication, research and development, rock-breaker cartridges, demolition,

law enforcement, unexploded ordnance disposal, purchasing agent, sales agent,.)

(D)

Type I permittee qualifications

(1)

The Type I permittee shall be able to understand and give written and oral orders.

(2)

The Type I permittee shall be qualified by reason of training, knowledge, and experience

in the field of using, transporting, possessing, storing and handling of explosives, and

have a working knowledge of state, federal and local laws and regulations which pertain

to explosives.

(3)

The Type I permit applicant shall be required to submit proof of not less than one year of

explosives experience or on the job training in explosives specific to at least one

classification of permit. Avalanche mitigation applicants must meet training requirements

as defined in Section 7-2.

(4)

The Type I permit applicant shall be required to submit proof of not less than six months

of explosive experience or on-the-job training in explosives specific to each additional

classification of permit applied for.

(5)

The Type I permittee shall be knowledgeable and competent in the use of each type of

blasting method and initiation system used.

(6)

A Type I permit applicant for a transportation classification permit only shall have a valid

commercial driver’s license with a hazardous materials endorsement and experience in

the transportation of explosive materials for a period of not less than ninety days.

(E)

Type I permit limitations

(1)

A Type I permit shall be limited to possession and control of explosives while authorized

by the Type II permittee(s) for whom the Type I permittee is employed or otherwise

associated.

ave a valid

commercial driver’s license with a hazardous materials endorsement and experience in

the transportation of explosive materials for a period of not less than ninety days.

(E)

Type I permit limitations

(1)

A Type I permit shall be limited to possession and control of explosives while authorized

by the Type II permittee(s) for whom the Type I permittee is employed or otherwise

associated.

(2)

The Type I permit shall be placed on inactive status by the Division upon notification in

accordance with Section 3-9(D) that the Type I permittee is no longer authorized to

possess and control explosives for a Type II permittee.

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(3)

Upon receipt of written notification by a Type II permittee of authorization and the return

of the original Type I permit card, the Division shall return the Type I permit to active

status and issue an updated permit card reflecting the change in employment or

association.

(4)

An active status Type I permit card shall be carried by the Type I permittee at all times

when using, transporting, or possessing explosives.

3-5-2

Type II Explosives Permit

(A)

Corporations, companies, partnerships, firms, individuals operating a business, associations, or

state or local government agencies involved in the use, purchase, sale, manufacture,

transportation, or disposal of explosives shall have a valid Type II Explosives Permit.

(B)

Only one Type II permit shall be required of any corporation, company, partnership, firm,

individual operating a business, association, or state or local government agency, and may be

issued for all or any of the following classifications:

overnment agencies involved in the use, purchase, sale, manufacture,

transportation, or disposal of explosives shall have a valid Type II Explosives Permit.

(B)

Only one Type II permit shall be required of any corporation, company, partnership, firm,

individual operating a business, association, or state or local government agency, and may be

issued for all or any of the following classifications:

(1)

CLASSIFICATION AS A MANUFACTURER OF EXPLOSIVES authorizes the

possession, manufacture, and purchase of materials required in the process of

manufacturing the finished product. A corporation, company, partnership, firm, individual

operating a business, association, or state or local government agency that combines

compounds to manufacture an explosive is engaged in the business of manufacturing

explosives and shall be responsible for compliance with the provisions of 9-6-105 C.R.S.,

the Explosives Act, 9-7-101, et seq. C.R.S., and any rules and regulations promulgated

thereunder.

(2)

CLASSIFICATION AS A DEALER OF EXPLOSIVES authorizes the purchase,

possession, and resale of explosives or blasting agents. A dealer permit is required of

jobbers, wholesalers, distributors, dealers, and retailers, whether or not they physically

handle, store, or have possession of the explosives or blasting agents. This permit is also

required for all nonresidents who desire to sell explosives within the State of Colorado.

(3)

CLASSIFICATION AS A PURCHASER OF EXPLOSIVES authorizes the purchase or

acquisition and possession of explosives and blasting agents.

(4)

CLASSIFICATION AS A PURCHASER LIMITED authorizes the purchase or acquisition

and possession of 1.4 and 1.5 classes of explosives and binary products.

This permit is also

required for all nonresidents who desire to sell explosives within the State of Colorado.

(3)

CLASSIFICATION AS A PURCHASER OF EXPLOSIVES authorizes the purchase or

acquisition and possession of explosives and blasting agents.

(4)

CLASSIFICATION AS A PURCHASER LIMITED authorizes the purchase or acquisition

and possession of 1.4 and 1.5 classes of explosives and binary products.

(5)

CLASSIFICATION AS A USER OF EXPLOSIVES authorizes the possession and use of

explosives and blasting agents by a corporation, company, partnership, firm, individual

operating a business, association, or state or local government agency conducting an

operation or activity which requires the use of such materials. User permits shall be

issued for the following types of operations:

(i)

Construction

(a)

Applicant must also apply for a Type II transportation permit, or provide

to the Division a written plan documenting the manner in which

explosives shall be legally transported to and from construction sites.

(ii)

Construction Limited

(a)

Applicant’s use and possession of explosives is limited to 1.4 and 1.5

classes of explosives and binary products.

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(iii)

Quarry Operations

(iv)

Avalanche Mitigation

(v)

Geophysical Research

(vi)

Well Perforation

(vii)

Manufacturer

(viii)

Special (special use or possession and control as described on the permit,

including but not limited to fabrication, research and development, rock-breaker

cartridges, demolition, law enforcement, unexploded ordnance disposal,

purchasing agent, , sales agent, etc.)

(6)

A TRANSPORTATION permit authorizes the transportation of explosive materials and

blasting agents in quantities that are required to be placarded across or over roads within

the state when such transportation is in compliance with federal, state and local

transportation laws and regulations.

idges, demolition, law enforcement, unexploded ordnance disposal,

purchasing agent, , sales agent, etc.)

(6)

A TRANSPORTATION permit authorizes the transportation of explosive materials and

blasting agents in quantities that are required to be placarded across or over roads within

the state when such transportation is in compliance with federal, state and local

transportation laws and regulations.

(i)

A copy of a Hazardous Materials Transport Permit issued by the Public Utilities

Commission (PUC) shall be submitted with the application.

3-5-3

Type III Storage Permit

(A)

Corporations, companies, partnerships, firms, individuals operating a business, associations, or

state or local government agencies that store explosives shall have a valid Type III permit.

(B)

Storage permits shall be issued to those persons who have approved storage magazine sites.

(C)

Approval by the Division of a permanent storage magazine site shall include a site inspection by a

Division representative. Written notification of the location of the permanent storage magazine

site shall be made to the applicable fire district or department.

(D)

Approval by the Division of temporary magazine sites shall be made for a period not to exceed 90

days upon written notification to the Division as to the location of the magazine site, the type(s)

and supplier of the magazines being utilized, the type and quantity of explosives being stored and

proof of written notification of the location of the storage magazine to the applicable fire district or

department and county sheriff.

(E)

An inspection shall be required at each permanent storage magazine site, including any added

permanent storage magazine sites, prior to the renewal of the Type III permit.

Section 3-6

Permit Application

(A)

Application for each type of original permit or renewal shall be made on forms available from the

Division and shall provide the following information:

(1)

The name and address of the applicant

(2)

Front and reverse side copies of applicant’s driver’s license

site, including any added

permanent storage magazine sites, prior to the renewal of the Type III permit.

Section 3-6

Permit Application

(A)

Application for each type of original permit or renewal shall be made on forms available from the

Division and shall provide the following information:

(1)

The name and address of the applicant

(2)

Front and reverse side copies of applicant’s driver’s license

(3)

The reason for desiring to use, purchase, sell, store, manufacture, transport or dispose

of explosives

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(4)

The applicant’s citizenship, if the applicant is an individual

(5)

If the Type II applicant is a partnership, the names and addresses of the Type I permitted

partners and their citizenship

(6)

If the Type II or Type III permit applicant is a corporation, company, firm, association or

state or local government agency, the names and addresses of the Type I permitted

owner(s), manager(s) or other designated individual thereof, and their citizenship

(7)

Where application for a Type II explosives permit is made in the name of a corporation,

company, partnership, association, state or local government agency or firm, the

application shall be signed by the permitted owner(s), partner(s), manager(s) or other

designated individual(s) who will have access to explosive materials and be directly

responsible for compliance with the provisions of the Explosives Act, 9-7-101, et seq.

C.R.S., and any rules and regulations promulgated thereunder

(8)

The name(s) of the valid Type II permittee the Type I permit applicant is employed by or

associated with, and for whom the applicant will possess and control explosive materials

(9)

Evidence that the Type I applicant is sufficiently trained and experienced in the use,

transportation, storage, purchase, sale, disposal or manufacturing of explosives

y rules and regulations promulgated thereunder

(8)

The name(s) of the valid Type II permittee the Type I permit applicant is employed by or

associated with, and for whom the applicant will possess and control explosive materials

(9)

Evidence that the Type I applicant is sufficiently trained and experienced in the use,

transportation, storage, purchase, sale, disposal or manufacturing of explosives

(10)

Such other pertinent information as the Division shall require to effectuate the purpose of

these regulations

(B)

Application forms may be obtained from the Division.

(C)

The submission of an application shall be a certification by the Type I permit applicant that the

applicant, or Type I permittee acting as the responsible person for the Type II or Type III permit

applicant, has read, understands and accepts these regulations and shall comply with all

requirements of these regulations.

(D)

Payment of the application fee for a period of 36 months, according to the following list, must

accompany each application for a permit.

Type I Explosives Permit:

$110.00

Type II Explosives Permit:

$225.00

Type III Explosives Permit:

$375.00

(E)

A check or money order for the fee shall be made payable to the Division and submitted to the

address provided on the application.

(F)

The applicant may be asked to supply additional information requested by the Division in order to

verify statements in an application or in order to facilitate a Division inquiry prior to the issuance

or renewal of a permit.

(G)

Each Type II application for a manufacturer or dealer permit shall be accompanied by a copy of

the applicant’s current federal license issued by The Bureau of Alcohol, Tobacco, Firearms and

Explosives.

(H)

The Type II application for a manufacturer or dealer permit shall list the location(s) in Colorado

where explosives will be manufactured or from where explosives will be sold. This shall not be

required for the manufacturers of binary explosives.

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cense issued by The Bureau of Alcohol, Tobacco, Firearms and

Explosives.

(H)

The Type II application for a manufacturer or dealer permit shall list the location(s) in Colorado

where explosives will be manufactured or from where explosives will be sold. This shall not be

required for the manufacturers of binary explosives.

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(I)

A valid Type I permit shall be held by at least one of the individual owners, partners, managers or

other designated individual for each classification of use requested on the Type II Explosives

Permit application.

(J)

Each application for an original Type II permit or a renewal permit shall be accompanied by a list

of valid Type I permittees authorized to possess and control explosives on behalf of the Type II

permittee. The Division shall be notified of any changes of such Type I permittees.

(K)

An application for a Type III storage permit shall include the location of all storage facilities and

types of magazines to be utilized.

(L)

Each application for a Type II permit to purchase shall have a list of Type I permittees authorized

to order and receive explosives on behalf of the purchaser. The list of Type I permittees

authorized to order and receive explosives on behalf of the purchaser shall be provided to dealers

prior to the purchase of explosives.

(M)

In addition to the application form, all new Type I applicants, all Type I applicants requesting a

change in classification of their permit, and all Type I applicants who have not renewed their

permit within 60 days after expiration will be required to obtain a score of not less than 90% on a

written examination prepared and administered by the Division. A Type I applicant failing the

examination may retake the examination at any time. A Type I applicant failing the examination a

second time must wait for a period of at least 14 days before retaking the exam

ts who have not renewed their

permit within 60 days after expiration will be required to obtain a score of not less than 90% on a

written examination prepared and administered by the Division. A Type I applicant failing the

examination may retake the examination at any time. A Type I applicant failing the examination a

second time must wait for a period of at least 14 days before retaking the exam.

(N)

All Type I applicants renewing their permits are required to obtain a score of not less than 90% on

a written examination prepared and administered by the Division every 3 years or provide proof of

16 hours attendance during the previous 3 years in a training course approved by the Division.

(O)

The Division shall obtain a photograph of Type I permit applicants.

(P)

Upon receipt of an incomplete application or an application requiring additional information, the

applicant will be notified of the deficiency or additional requirements. If the deficiency is not

corrected or if the Division does not receive the additional information within 180 days following

the date of notification, the application shall be considered abandoned and the Division shall not

retain the application.

(Q)

Upon receipt of a completed Type I application the applicant will be sent an exam notification. If

the Type I permit applicant fails to complete the exam within 180 days of the exam notification,

the application shall be considered abandoned and the Division shall not retain the application.

(R)

A Type I renewal applicant must complete the exam, if required, within 180 days of the date of the

renewal notification letter sent by the Division. Should the renewal applicant fail to complete the

exam within 180 days of the date of the renewal letter, the application shall be considered

abandoned and the Division shall not retain the application.

Section 3-7

Protection and Exhibition of Permits

Permittees shall take every reasonable precaution to protect their permits from loss, theft, defacement,

destruction or unauthorized duplication

on. Should the renewal applicant fail to complete the

exam within 180 days of the date of the renewal letter, the application shall be considered

abandoned and the Division shall not retain the application.

Section 3-7

Protection and Exhibition of Permits

Permittees shall take every reasonable precaution to protect their permits from loss, theft, defacement,

destruction or unauthorized duplication.

The loss or theft of any permit shall be reported immediately to the local law enforcement agency and to

the Division.

Permits, or copies thereof, shall be exhibited in conformity with the following provisions:

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(A)

Manufacturer - the permit shall be posted at the facility where explosives or blasting agents are

manufactured. Manufacturing permits for bulk mix trucks shall be posted in the office of the

permittee.

(B)

Dealer- the permit shall be posted in the office at the location where explosives or blasting agents

are sold.

(C)

Purchaser - the permit or a copy of the permit must be displayed at magazine/warehouse where

explosives or blasting agents are received and stored.

(D)

User - the permit shall be posted in the main office of explosives operations.

(E)

Storage - a copy of the permit must be displayed at the office, warehouse, or in at least one

magazine where explosives or blasting agents are received for storage.

(F)

A Type I permit card shall be carried by the Type I permittee at all times when using, transporting,

or possessing explosives and presented to representatives of the Division and law enforcement

officials, upon request, along with valid personal identification.

Section 3-8

Records of Transactions

All permittees shall keep a complete record of all transactions in, or operations involving explosives for

five years following the year in which the transactions or operations involving explosives or blasting

agents occurred

es and presented to representatives of the Division and law enforcement

officials, upon request, along with valid personal identification.

Section 3-8

Records of Transactions

All permittees shall keep a complete record of all transactions in, or operations involving explosives for

five years following the year in which the transactions or operations involving explosives or blasting

agents occurred. The permittees must retain copies thereof and furnish such copies to the Division during

normal business hours upon request. When the permittee is employed by another person who holds a

valid permit, the records of the employer shall be deemed to satisfy these record-keeping requirements.

3-8-1

Manufacturer

The records of a person having a permit to manufacture explosives or blasting agents shall include the

following information:

(A)

Amount and kinds manufactured.

(B)

Amounts and kinds acquired for manufacture.

(C)

Names and addresses of the persons from whom acquired and dates on which acquired.

(D)

Amount and kinds sold or otherwise disposed of.

(E)

Names, addresses and permit numbers of persons to whom sold or otherwise disposed of and

dates of the sales or other dispositions.

(F)

Amounts and kinds on hand at each location at the end of each day on which there are

transactions or operations.

(G)

The records kept in accordance with Section 6-1(U) shall meet the record requirements for the

manufacture of binary products.

3-8-2

Dealer

The records of a person having a permit for dealer shall include the following information:

(A)

Amounts and kinds acquired.

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each day on which there are

transactions or operations.

(G)

The records kept in accordance with Section 6-1(U) shall meet the record requirements for the

manufacture of binary products.

3-8-2

Dealer

The records of a person having a permit for dealer shall include the following information:

(A)

Amounts and kinds acquired.

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(B)

Names and addresses of persons from whom acquired and dates on which acquired.

(C)

Amounts and kinds sold or otherwise disposed of.

(D)

Names, addresses, and permit numbers of persons to whom sold or otherwise disposed of and

the dates of sales or other dispositions. This requirement shall not apply to the sale of smokeless

powder.

3-8-3

Type II Permit

A person holding a Type II permit to use explosives or blasting agents shall maintain a record of all

explosive material transactions including a daily inventory record of all explosives received, removed

from, or returned to each storage magazine in accordance with Section 4-1(F)(6) of these regulations,

and records completed by Type I permittees in accordance with Section 6-1(U) and Section 7-4(B)(11).

3-8-4

Type I Permit

Type I permittees shall complete and sign records of explosives used in accordance with Section 6-1(U)

or Section 7-4(B)(11) of these regulations.

Section 3-9

Permit Changes

The Division shall be notified immediately when:

(A)

There is a change in the permittee’s permanent address.

(B)

There is a change in the name of a permittee, or a change in the Type I permitted owner(s),

manager(s), or other designated individual(s) acting as the responsible person of any Type II or

Type III permittee.

(C)

The location of an explosives storage facility is changed or added and the address of the new

location shall be provided.

(D)

There is a change in the Type II permitted employer or association for whom the Type I permittee

will possess and control explosive materials

d owner(s),

manager(s), or other designated individual(s) acting as the responsible person of any Type II or

Type III permittee.

(C)

The location of an explosives storage facility is changed or added and the address of the new

location shall be provided.

(D)

There is a change in the Type II permitted employer or association for whom the Type I permittee

will possess and control explosive materials.

(E)

There is a change in the Type I permitted individuals authorized to possess and control

explosives on behalf of a Type II permittee.

(F)

A Type I Permit holder is currently charged with, has a pending charge of or has been convicted

of any of the offenses listed in 3-3 (B) 1-3.

Section 3-10

Explosives Sales to Permittees

(A)

When an order for explosives is placed by a purchaser, the dealer shall request proper

authorization and identification from the purchaser and shall record the purchaser’s permit

number on the sales record.

(B)

The purchaser shall provide to the dealer a list of Type I permittees authorized to order and

receive explosives on behalf of the purchaser. A dealer shall not distribute explosive materials to

a company or individual on the order of a person who does not appear on the most current list of

authorized Type I permittees, and if the person does appear on the list, the dealer shall verify the

identity of such person.

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receive explosives on behalf of the purchaser. A dealer shall not distribute explosive materials to

a company or individual on the order of a person who does not appear on the most current list of

authorized Type I permittees, and if the person does appear on the list, the dealer shall verify the

identity of such person.

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(C)

The authorized Type I permittee who physically receives the purchased explosives shall present

his permit and proper identification to the dealer. The receiver of the explosives shall sign a

receipt documenting the explosives received with his legal signature and permit number.

(D)

All such receipts shall be retained by the dealer for not less than 5 years from the date of

purchase.

(E)

The dealer shall keep a record of all explosives purchased and sold as required by federal

regulations.

(F)

Any package containing any explosive or blasting agent that is sold or is delivered for shipment

by a dealer shall be properly labeled in accordance with 9-6-105 C.R.S. to indicate its explosive

classification.

ARTICLE 4

STORAGE OF EXPLOSIVE MATERIALS

Section 4-1

General Requirements

(A)

All explosive materials, special industrial explosive materials, and any newly developed and

unclassified explosive materials shall be kept in magazines which meet the requirements as

defined in these regulations, unless they are in the process of manufacture, being physically

handled in the operating process, being used, or being transported to a place of storage or use.

Refer to Section 4-3 for a summary of storage requirements.

(B)

High explosives shall not be stored unattended outdoors, or in any building or structure, except in

a Type 1 or Type 2 magazine.

(C)

Detonators that will not mass detonate (1.4s and 1.4b classification) and are in the original and

closed shipping container may also be stored in a Type 4 magazine.

(D)

The requirements for the storage of binary explosives shall be:

mmary of storage requirements.

(B)

High explosives shall not be stored unattended outdoors, or in any building or structure, except in

a Type 1 or Type 2 magazine.

(C)

Detonators that will not mass detonate (1.4s and 1.4b classification) and are in the original and

closed shipping container may also be stored in a Type 4 magazine.

(D)

The requirements for the storage of binary explosives shall be:

(1)

Storage of the flammable liquid component of a binary explosive shall be in secure

storage that complies with the uniform fire code.

(2)

Storage of the powder component of a binary explosive shall be in secure storage.

(3)

Liquid and powder components shall not be stored together.

(E)

Detonators shall not be stored in the same magazine in which other explosives are kept or stored

except under the following circumstances:

(1)

In a Type 1 or Type 2 magazine, detonators may be stored with delay devices, electric

squibs, safety fuse, igniters, and igniter cord.

(2)

In a Type 4 magazine, detonators that will not mass detonate (1.4s and 1.4b

classification) may be stored with electric squibs, safety fuse, igniters, and igniter cord.

(F)

Inventory and Responsibility

(1)

Magazines shall be in the charge of a valid permittee at all times who shall be held

responsible for the enforcement of all safety precautions.

(2)

All explosives shall be accounted for at all times.

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(3)

Explosives not being used shall be kept in a locked magazine and the keys or

combinations to the locks shall be unavailable to persons not holding a valid Type I

permit.

(4)

The Type II permittee shall maintain an inventory and use record of all explosive

materials.

(5)

Type I permittees shall record any receipt, removal, or return of explosives materials on

inventory records within the magazine or at one central location on the business

premises provided that transactions for each magazine are kept separate.

available to persons not holding a valid Type I

permit.

(4)

The Type II permittee shall maintain an inventory and use record of all explosive

materials.

(5)

Type I permittees shall record any receipt, removal, or return of explosives materials on

inventory records within the magazine or at one central location on the business

premises provided that transactions for each magazine are kept separate.

(6)

The inventory records shall be maintained on forms approved by the Division and shall

include:

(i)

Type of explosive material product

(ii)

Manufacturer’s name or brand name

(iii)

Identifying or date shift code

(iv)

Amounts received, removed from or returned to the magazine

(v)

The signature of the permittee receiving, removing or returning explosive

materials

(vi)

Total quantity remaining on hand

(7)

Explosive materials shall be physically counted at least monthly.

(8)

Explosive materials sold and received in individual unit quantities shall be inventoried as

individual units.

(9)

Explosive materials sold and received as pounds shall be inventoried as pounds when in

unopened cases, and as individual cartridges or units when in opened cases.

(10)

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Division, and

local law enforcement agencies shall be notified immediately of any loss, theft, or

unauthorized entry into a magazine.

(G)

Surrounding Area

(1)

The land surrounding a magazine shall be kept clear of trash, dried grass, leaves or trees

(except for live trees more than 10 feet tall) for a distance of at least 25 feet. Living

foliage used to stabilize the earthen coverings of a magazine need not be removed.

(2)

Any other combustible materials shall not be stored within 50 feet of magazines.

(3)

Smoking, matches or an open flame shall not be permitted:

urrounding a magazine shall be kept clear of trash, dried grass, leaves or trees

(except for live trees more than 10 feet tall) for a distance of at least 25 feet. Living

foliage used to stabilize the earthen coverings of a magazine need not be removed.

(2)

Any other combustible materials shall not be stored within 50 feet of magazines.

(3)

Smoking, matches or an open flame shall not be permitted:

(i)

In any magazine;

(ii)

Within 50 feet of any outdoor magazine; or

(iii)

Within any room containing an indoor magazine.

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(4)

Firearms shall not be permitted inside of, or within 50 feet of magazines.

(5)

The premises on which all outdoor magazines are located shall be posted with signs with

the words “DANGER—KEEP OUT” in letters at least 3 inches high. Signs shall be posted

to warn any person approaching the magazine of the hazard, but shall be located so that

a bullet passing through the sign will not strike the magazines.

(6)

All normal access routes to outdoor explosives storage sites shall be posted with a sign

with the words “DANGER- NEVER FIGHT FIRES ON THIS SITE. CALL

_______________” in letters at least 2 inches high. An emergency contact number shall

be written on the sign.

(7)

Indoor magazines shall be visibly marked with the words “DANGER – KEEP FIRE

AWAY.”

(H)

Temporary storage at a site for blasting operations shall be located away from neighboring

inhabited buildings, railways, highways, and other magazines in accordance with the American

Table of Distances (see Section 4-5).

(I)

Storage Within Magazines

An emergency contact number shall

be written on the sign.

(7)

Indoor magazines shall be visibly marked with the words “DANGER – KEEP FIRE

AWAY.”

(H)

Temporary storage at a site for blasting operations shall be located away from neighboring

inhabited buildings, railways, highways, and other magazines in accordance with the American

Table of Distances (see Section 4-5).

(I)

Storage Within Magazines

(1)

Packages of explosive materials shall be laid flat with top side up. Corresponding grades

and brands shall be stored together in such a manner that brands and grade marks

show. All stocks shall be stored so as to be easily counted and checked. Packages of

explosives shall be stacked in a stable manner. When any kind of explosive is removed

from a magazine for use, the oldest of that particular kind shall always be taken first.

(2)

Packages of explosives requiring impact or potentially spark producing methods to open

or to close shall not be opened or closed in a magazine, nor within 50 feet of a magazine

or in close proximity to other explosive materials.

(3)

Tools used for opening packages of explosives shall be constructed of non-sparking

materials.

(4)

Opened packages of explosives shall be securely closed before being returned to a

magazine.

(5)

Magazines shall not be used for the storage of any metal tools nor any commodity except

explosives; however, this restriction shall not apply to the storage of blasting agents and

non-metal blasting supplies.

(6)

Magazine floors shall be regularly swept, kept clean, dry, and free of grit, paper, empty

used packages, and rubbish. Brooms and other cleaning utensils shall not have any

spark- producing metal parts. Sweepings from floors of magazines shall be properly

disposed of. Magazine floors stained with nitroglycerin shall be cleaned according to

instructions of the manufacturer.

al blasting supplies.

(6)

Magazine floors shall be regularly swept, kept clean, dry, and free of grit, paper, empty

used packages, and rubbish. Brooms and other cleaning utensils shall not have any

spark- producing metal parts. Sweepings from floors of magazines shall be properly

disposed of. Magazine floors stained with nitroglycerin shall be cleaned according to

instructions of the manufacturer.

(7)

When any explosive has deteriorated to an extent that it is in an unstable or dangerous

condition, or if nitroglycerin leaks from any explosives, then the person in possession of

such explosives shall immediately proceed to destroy such explosives in accordance with

the instructions of the manufacturer. Only Type I permittees experienced in the

destruction of explosive materials shall be allowed to do the work of destroying

explosives.

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(8)

When magazines need inside repairs, all explosives shall be removed and the floors

cleaned. In making outside repairs, if there is a possibility of causing sparks or fire the

explosives shall be removed from the magazine. Explosives removed from a magazine in

order for repair shall either be placed in another class appropriate magazine, or placed a

safe distance from the magazine where they shall be properly guarded and protected

until repairs have been completed, at which time they shall be returned to the magazine.

(9)

Explosive materials within a magazine are not to be placed against the interior walls and

must be stored so as not to interfere with ventilation when required.

(10)

Any person storing explosive materials shall open and inspect the magazine at least

every 7 days. This inspection need not be an inventory, but must be sufficient to

determine whether there has been unauthorized entry or attempted entry into the

magazine, or unauthorized removal of the contents.

ainst the interior walls and

must be stored so as not to interfere with ventilation when required.

(10)

Any person storing explosive materials shall open and inspect the magazine at least

every 7 days. This inspection need not be an inventory, but must be sufficient to

determine whether there has been unauthorized entry or attempted entry into the

magazine, or unauthorized removal of the contents.

(11)

Flammables, such as the liquid components of binary products, shall not be stored with

other explosives.

(J)

Lighting Within Magazines

(1)

Battery-activated safety lights or battery-activated safety lanterns may be used in

explosives storage magazines.

(2)

Electric lighting, including wiring and fixtures, used in any explosives storage magazine

must meet the standards prescribed by the National Electrical Code for the conditions

present in the magazine at any time. All electrical switches are to be located outside of

the magazine and also meet the standards prescribed by the National Electrical Code.

(3)

Light fixtures shall be enclosed to prevent sparks or hot metal from falling on the floor or

on materials stored in the magazine.

(4)

Interior magazine lights shall be turned off when the magazine is unattended.

(5)

Copies of invoices, work orders or similar documents which indicate that the lighting

complies with the National Electrical Code must be available for inspection by the

Division.

Section 4-2

Classes of Explosive Materials and Examples

For the purposes of this article, there are three classes of explosive materials. These classes, together

with the description of explosive materials comprising each class, are as follows:

(A)

High Explosives - Explosive materials which can be caused to detonate by means of a detonator

when unconfined. Examples include:

(1)

Dynamite and detonators;

(2)

Detonator-sensitive slurry/water gels and emulsions; and

(3)

Mixed binaries.

(B)

Low Explosives - Explosive materials which can be caused to deflagrate when confined.

Examples include:

materials comprising each class, are as follows:

(A)

High Explosives - Explosive materials which can be caused to detonate by means of a detonator

when unconfined. Examples include:

(1)

Dynamite and detonators;

(2)

Detonator-sensitive slurry/water gels and emulsions; and

(3)

Mixed binaries.

(B)

Low Explosives - Explosive materials which can be caused to deflagrate when confined.

Examples include:

(1)

Black powder;

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(2)

Pull wire igniters; and

(3)

Safety fuse.

(C)

Blasting Agents - Explosives materials consisting of fuel and oxidizer which cannot be detonated

by means of a number 8 test detonator when unconfined. Examples include:

(1)

Ammonium Nitrate/Fuel Oil mixture (ANFO); and

(2)

Non detonator-sensitive slurry/water gels and emulsion products.

Section 4-3

Summary of Storage Requirements

Table 4-3

Summary of Storage Requirements

Storage Type

Classes of Explosive Materials Which May Be Stored Therein

Type 1

(Permanent)

High Explosives, Low Explosives, Blasting Agents

Type 2

(Portable, Mobile or Fixed)

High Explosives, Low Explosives, Blasting Agents

Type 3

(“Day Box” for Temporary Storage)

High Explosives, Low Explosives, Blasting Agents

Type 4

(Portable, Mobile or Fixed)

Blasting Agents, Low Explosives,

Detonators (Original, Closed Cartons of 1.4b, 1.4c And 1.4s)

Type 5

(Portable, Mobile or Fixed)

Blasting Agents

Section 4-4

Storage Magazine Construction by Type

Table 4-4

Storage Magazine Construction By Type

Construction Features

Type 1

Type 2

Type 3

Type 4

Type 5

Permanent

X

X

X

Portable or Mobile

X

X

X

X

Bullet-Resistant

X

X

Fire-Resistant

X

X

X

X

X (1)

Theft- Resistant

X

X

X

X

X

Weather- Resistant

X

X

X

X

X

Ventilated

X

X

X

of 1.4b, 1.4c And 1.4s)

Type 5

(Portable, Mobile or Fixed)

Blasting Agents

Section 4-4

Storage Magazine Construction by Type

Table 4-4

Storage Magazine Construction By Type

Construction Features

Type 1

Type 2

Type 3

Type 4

Type 5

Permanent

X

X

X

Portable or Mobile

X

X

X

X

Bullet-Resistant

X

X

Fire-Resistant

X

X

X

X

X (1)

Theft- Resistant

X

X

X

X

X

Weather- Resistant

X

X

X

X

X

Ventilated

X

X

X

(1)

Over the road trucks or semi-trailers used as Type 5 magazines for temporary storage need not

be fire resistant.

4-4-1

Type 1 Storage

A Type 1 magazine shall be a permanent structure, e.g., a building, an igloo or Army-type structure, a

tunnel, or a dugout. It shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and

ventilated.

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(A)

Buildings: All building-type magazines shall be constructed of masonry, wood, metal, or a

combination of these materials and shall have no openings except for entrances and ventilation.

The ground around building magazines shall slope away for drainage or other adequate drainage

shall be provided.

(B)

Masonry Wall Construction: Masonry wall construction shall consist of brick, concrete, tile,

cement block, or cinder block and shall be not less than 8 inches in thickness. Hollow masonry

units used in construction shall have all hollow spaces filled with well-tamped, coarse, dry sand or

weak concrete (at least 1 part cement + 8 parts of sand with enough water to dampen the mixture

while tamping in place). Interior walls shall be constructed of, or covered with, a non- sparking

material.

(C)

Fabricated Metal Wall Construction: Metal wall construction shall consist of sectional sheets of

steel or aluminum, not less than #14 gauge, securely fastened to a metal framework. Metal wall

construction shall be either lined inside with brick, solid cement blocks, hardwood not less than 4

inches thick, or shall have at least a 6-inch sand-fill between interior and exterior walls

ng

material.

(C)

Fabricated Metal Wall Construction: Metal wall construction shall consist of sectional sheets of

steel or aluminum, not less than #14 gauge, securely fastened to a metal framework. Metal wall

construction shall be either lined inside with brick, solid cement blocks, hardwood not less than 4

inches thick, or shall have at least a 6-inch sand-fill between interior and exterior walls. Interior

walls shall be constructed of, or covered with, a non-sparking material.

(D)

Wood Frame Wall Construction: The exterior of outer wood walls shall be covered with steel or

aluminum not less than #26 gauge. An inner wall of, or covered with, non-sparking material shall

be constructed so as to provide a space of not less than 6 inches between the outer and inner

walls. The space shall be filled with coarse, dry sand or weak concrete.

(E)

Floors: Floors shall be constructed of, or covered with, a non-sparking material and shall be

strong enough to bear the weight of the maximum quantity materials to be stored. Use of pallets

covered with a non-sparking material is considered equivalent to a floor constructed of, or

covered with, a non-sparking material.

(F)

Foundations: Foundations shall be constructed of brick, concrete, cement block, stone, or wood

posts. If piers or posts are used in lieu of a continuous foundation, the space under the buildings

shall be enclosed with metal.

(G)

Roof: Except for buildings with fabricated metal roofs, the outer roof shall be covered with no less

than #26 gauge steel or aluminum fastened to 7/8-inch sheathing.

(H)

Bullet-Resistant Ceilings on Roofs: Where it is possible for a bullet to be fired directly through the

roof and into the magazine at such an angle that the bullet would strike the explosives within, the

magazine shall be protected by one of following methods:

th fabricated metal roofs, the outer roof shall be covered with no less

than #26 gauge steel or aluminum fastened to 7/8-inch sheathing.

(H)

Bullet-Resistant Ceilings on Roofs: Where it is possible for a bullet to be fired directly through the

roof and into the magazine at such an angle that the bullet would strike the explosives within, the

magazine shall be protected by one of following methods:

(1)

A sand tray with a layer of building paper, plastic, or other nonporous material filled with

not less than 4 inches of coarse, dry sand, shall be located at the tops of inner walls

covering the entire ceiling area, except that portion necessary for ventilation.

(2)

A fabricated metal roof shall be constructed of 3/16-inch thick plate steel lined with 4

inches of hardwood. For each additional 1/16-inch of plate steel, the hardwood lining may

be decreased by 1 inch.

(I)

Doors: All doors shall be constructed of 1/4-inch plate steel and lined with 3 inches of hardwood.

Hinges and hasps shall be attached to the doors by welding, riveting, or bolting (with nuts on the

inside of the door). They shall be installed in such a manner that the hinges and hasps cannot be

removed when the doors are closed and locked.

(J)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

Two mortise locks

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(2)

Two padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

ot be

removed when the doors are closed and locked.

(J)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

Two mortise locks

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(2)

Two padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

(5)

A three-point lock.

Padlocks shall have at least 5 tumblers and a case-hardened shackle of at least 3/8-inch in

diameter. Padlocks shall be protected with 1/4-inch sheet hoods constructed so as to prevent

sawing or lever action on the locks, hasps, and staples. These requirements shall not apply to

magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that

cannot be actuated from the outside.

(K)

Ventilation: Ventilation shall be provided to prevent dampness and heating of stored explosive

materials. Ventilation openings shall be screened to prevent the entrance of sparks. Ventilation

openings in sidewalls and foundations shall be offset or shielded for bullet-resistance purposes.

Magazines having foundation and roof ventilators with the air circulating between the side walls

and the floors and between the side walls and the ceiling shall have a wooden lattice lining or

equivalent to prevent the packages of explosive materials from being stacked against the side

walls and blocking the air circulation.

(L)

Exposed Metal: No sparking material shall be exposed to contact with the stored explosive

materials. All ferrous metal nails in the floor and sidewalls which might be exposed to contact with

explosive materials shall be blind-nailed, countersunk, or covered with a non-sparking latticework

or other non-sparking material.

(M)

Igloos, Army-Type Structures, Tunnels, & Dugouts: Igloo, army-type structure, tunnel, and dugout

magazines shall be constructed of reinforced concrete, masonry, metal, or a combination of these

materials

he floor and sidewalls which might be exposed to contact with

explosive materials shall be blind-nailed, countersunk, or covered with a non-sparking latticework

or other non-sparking material.

(M)

Igloos, Army-Type Structures, Tunnels, & Dugouts: Igloo, army-type structure, tunnel, and dugout

magazines shall be constructed of reinforced concrete, masonry, metal, or a combination of these

materials. They shall have an earth mound covering of not less than 24 inches on the top, sides,

and rear unless the ceiling or roof meets the bullet-resistant ceiling or roof requirements of this

section. Interior walls shall be constructed of, or covered with, a non-sparking material.

Magazines of this type shall also be constructed in conformity with the requirements of the floors,

doors, locks, ventilation, and exposed metal portions outlined in this section.

4-4-2

Type 2 Storage

A Type 2 magazine shall be a portable or mobile structure such as a box, skid-magazine, trailer, or semi-

trailer.

4-4-2-1 Outdoor Type 2 Magazines

Outdoor Type 2 magazines shall be bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and

ventilated. They shall be supported to prevent direct contact with the ground and, if less than 1 cubic yard

in size, shall be securely fastened to a fixed object. The ground around outdoor magazines shall slope

away for drainage or other adequate drainage shall be provided. When unattended, vehicular magazines

shall have wheels removed or shall otherwise be effectively immobilized by methods approved by the

Division.

(A)

Exterior Construction: The exterior and covers or doors shall be constructed of 1/4-inch steel and

shall be lined with 2 inches of hardwood. Magazines with top openings shall have lids with water-

resistant seals or which overlap the sides by at least 1 inch when in a closed position.

CODE OF COLORADO REGULATIONS

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methods approved by the

Division.

(A)

Exterior Construction: The exterior and covers or doors shall be constructed of 1/4-inch steel and

shall be lined with 2 inches of hardwood. Magazines with top openings shall have lids with water-

resistant seals or which overlap the sides by at least 1 inch when in a closed position.

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(B)

Hinges & Hasps: Hinges and hasps shall be attached to the covers or doors by welding, riveting,

or bolting (with nuts on the inside of the door). Hinges and hasps shall be installed so that they

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

Two mortise locks

(2)

Two padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

(5)

A three-point lock.

Padlocks shall have at least 5 tumblers and a case-hardened shackle of at least 3/8-inch

diameter. Padlocks shall be protected with 1/4-inch steel hoods constructed so as to prevent

sawing or lever action on the locks, hasps, and staples. These requirements do not apply to

magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that

cannot be actuated from the outside.

(D)

Ventilation: Ventilation shall be provided to prevent dampness and heating of stored explosive

materials. Ventilation openings shall be screened to prevent the entrance of sparks. Ventilation

openings in sidewalls shall be offset or shielded for bullet-resistance purposes. Packages of

explosive materials shall not be stacked against the side walls and block the air circulation.

4-4-2-2 Indoor Type 2 Magazines

Indoor Type 2 magazines shall be fire-resistant and theft-resistant if the buildings in which they are stored

provide protection from the weather and from bullet penetration. No indoor magazine may be located in a

residence or dwelling

llet-resistance purposes. Packages of

explosive materials shall not be stacked against the side walls and block the air circulation.

4-4-2-2 Indoor Type 2 Magazines

Indoor Type 2 magazines shall be fire-resistant and theft-resistant if the buildings in which they are stored

provide protection from the weather and from bullet penetration. No indoor magazine may be located in a

residence or dwelling. The indoor storage of high explosives may not exceed a quantity of 50 pounds.

More than one indoor magazine may be located in the same building if the total quantity of all explosive

materials stored does not exceed 50 pounds. Detonators shall be stored in separate magazines.

(A)

Exterior Construction: Indoor magazines shall be constructed of wood or metal according to one

of the following specifications:

(1)

Indoor magazines constructed of wood shall have sides, bottoms, and lids or doors

constructed of two-inch wood and shall be well-braced at the corners. The magazines

shall be covered on the exterior with sheet metal of not less than #26-gauge. Nails

exposed to the interior of magazines shall be countersunk.

(2)

Indoor magazines constructed of metal shall have sides, bottom, and lids or doors

constructed of at least #12-gauge metal and shall be lined inside with a non-sparking

material. Edges of metal covers shall overlap sides at least 1 inch.

(B)

Hinges & Hasps: Hinges and hasps shall be attached to the covers or doors by welding, riveting,

or bolting (with nuts on the inside of the door). Hinges and hasps shall be installed so that they

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

Two mortise locks

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(2)

Two padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

ot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

Two mortise locks

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(2)

Two padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

(5)

A three-point lock.

Padlocks shall have at least 5 tumblers and a case-hardened shackle of at least 3/8-inch

diameter. Padlocks shall be protected with 1/4-inch steel hoods constructed so as to prevent

sawing or lever action on the locks, hasps, and staples. Indoor magazines located in secure

rooms, that are locked as provided in this paragraph, may have each door or opening locked with

1 steel padlock (which need not be protected by a steel hood) having at least 5 tumblers and a

case-hardened shackle of at least 3/8-inch diameter, if the lock hinges and hasps are securely

fastened to the magazine and to the door frame. These requirements do not apply to magazine

doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be

actuated from the outside.

4-4-3

Alternate Construction Standards for Storage Facilities

It has been determined that a wide range of construction criteria meet the bullet-resistant requirements of

ATF Rule 76-18 as published in Bureau Of Alcohol, Tobacco, Firearms, and Explosives, Department Of

The Treasury, Publication ATF p 5400.7 (2012) for the construction of storage facilities for explosive

materials.

In order to promote standards of safety and security in the storage of explosive materials while allowing

the industry a wide latitude in the selection of construction materials, it is held that storage facilities

(magazines) that are constructed according to the following minimum specifications are bullet-resistant

and meet the requirements of the regulations as set forth in 27 CFR Part 55 (all steel and wood

dimensions are actual thicknesses

urity in the storage of explosive materials while allowing

the industry a wide latitude in the selection of construction materials, it is held that storage facilities

(magazines) that are constructed according to the following minimum specifications are bullet-resistant

and meet the requirements of the regulations as set forth in 27 CFR Part 55 (all steel and wood

dimensions are actual thicknesses. To meet the concrete block and brick dimensions indicated, the

manufacturers’ represented thicknesses may be used).

(A)

Exterior of 5/8-inch steel, lined with an interior of any type of non-sparking material.

(B)

Exterior of 1/2-inch steel, lined with an interior of not less than 3/8-inch plywood.

(C)

Exterior of 3/8-inch steel, lined with an interior of 2 inches of hardwood.

(D)

Exterior of 3/8-inch steel, lined with an interior of 3 inches of softwood or 2¼ inches of plywood.

(E)

Exterior of 1/4-inch steel, lined with an interior of 3 inches of hardwood.

(F)

Exterior of 1/4-inch steel, lined with an interior of 5 inches of softwood or 5¼ inches of plywood.

(G)

Exterior of 1/4-inch steel, lined with an intermediate layer of 2 inches of hardwood and an interior

lining of 1½ inches of plywood.

(H)

Exterior of 3/16-inch steel, lined with an interior of 4 inches of hardwood.

(I)

Exterior of 3/16-inch steel, lined with an interior of 7 inches of softwood or 6¾ inches of plywood.

(J)

Exterior of 3/16-inch steel, lined with an intermediate layer of 3 inches of hardwood and an

interior lining of 3/4-inch of plywood.

(K)

Exterior of 1/8-inch steel, lined with an interior of 5 inches of hardwood.

CODE OF COLORADO REGULATIONS

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Division of Oil and Public Safety

.

(I)

Exterior of 3/16-inch steel, lined with an interior of 7 inches of softwood or 6¾ inches of plywood.

(J)

Exterior of 3/16-inch steel, lined with an intermediate layer of 3 inches of hardwood and an

interior lining of 3/4-inch of plywood.

(K)

Exterior of 1/8-inch steel, lined with an interior of 5 inches of hardwood.

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(L)

Exterior of 1/8-inch steel, lined with an interior of 9 inches of softwood.

(M)

Exterior of 1/8-inch steel, lined with an intermediate layer of 4 inches of hardwood and an interior

lining of 3/4-inch plywood.

(N)

Exterior of any type of fire-resistant material which is structurally sound, lined with an intermediate

layer of 4 inches of solid concrete block, or 4 inches of solid brick or 4 inches of solid concrete;

and, an interior lining of 1/2-inch plywood placed securely against the masonry lining.

(O)

Standard 8-inch concrete block with voids filled with well-tamped sand/cement mixture.

(P)

Standard 8-inch solid brick.

(Q)

Exterior of any type of fire-resistant material which is structurally sound, lined with an intermediate

6-inch space filled with well-tamped dry sand or well-tamped sand/cement mixture.

(R)

Exterior of 1/8-inch steel, lined with a first intermediate layer of 3/4-inch plywood, a second

intermediate layer of 3⅝ inches of well-tamped dry sand or sand/cement mixture and an interior

lining of 3/4-inch plywood.

(S)

Second intermediate layer of 3⅝ inches well tamped dry sand or sand/cement mixture, a third

intermediate layer of 3/4-inch plywood, and a fourth intermediate layer of two inches of hardwood

or #14 gauge steel and an interior lining of 3/4-inch plywood.

(T)

8-inch thick solid concrete.

4-4-4

Type 3 Storage

A Type 3 magazine shall be a “day-box” or other portable magazine. It shall be fire-resistant, weather-

resistant, and theft-resistant. A Type 3 magazine shall be constructed of #12-gauge metal lined with

either 1/2-inch plywood or 1/2-inch Masonite-type hardboard

inches of hardwood

or #14 gauge steel and an interior lining of 3/4-inch plywood.

(T)

8-inch thick solid concrete.

4-4-4

Type 3 Storage

A Type 3 magazine shall be a “day-box” or other portable magazine. It shall be fire-resistant, weather-

resistant, and theft-resistant. A Type 3 magazine shall be constructed of #12-gauge metal lined with

either 1/2-inch plywood or 1/2-inch Masonite-type hardboard. Doors shall overlap sides by at least 1 inch.

Hinges and hasps shall be attached by welding, riveting or bolting (with nuts on the inside of the door). A

single lock having at least 5 tumblers and a case-hardened shackle of at least 3/8-inch diameter shall be

sufficient for locking purposes. Explosive materials may not be left unattended in Type 3 magazines, but

must be removed to either a Type 1 or 2 magazine for unattended storage.

4-4-5

Type 4 Storage

A Type 4 magazine shall be a building, igloo or army-type structure, tunnel, dugout, box, trailer, or a semi-

trailer or other mobile magazine.

4-4-5-1 Outdoor Type 4 Magazines

Outdoor Type 4 magazines shall be fire-resistant, weather-resistant, theft-resistant, ventilated and shall

be at least 1 cubic yard in size, or securely fasted to a fixed object. The ground around outdoor

magazines shall slope away for drainage or other adequate drainage shall be provided. When

unattended, vehicular magazines shall have wheels removed or shall otherwise be effectively immobilized

by other methods approved by the Division.

(A)

Construction: Outdoor magazines shall be constructed of masonry, metal-covered wood,

fabricated metal, or a combination of these materials. Foundation shall be constructed of brick,

concrete, cement block, stone, or metal or wood posts. If piers or posts are used in lieu of a

continuous foundation, the space under the buildings shall be enclosed with fire-resistant

material. The walls and floors shall be constructed of, or covered with, a non-sparking material or

lattice work. The doors or covers shall be metal or solid wood covered with metal.

shall be constructed of brick,

concrete, cement block, stone, or metal or wood posts. If piers or posts are used in lieu of a

continuous foundation, the space under the buildings shall be enclosed with fire-resistant

material. The walls and floors shall be constructed of, or covered with, a non-sparking material or

lattice work. The doors or covers shall be metal or solid wood covered with metal.

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(B)

Hinges and Hasps: Hinges and hasps shall be attached to the covers or doors by welding,

riveting, or bolting (nuts on inside of door). Hinges and hasps shall be installed so that they

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

2 mortise locks

(2)

2 padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

(5)

A three-point lock.

Padlocks shall have at least 5 tumblers and a case-hardened shackle of at least 3/8-inch

diameter. Padlocks shall be protected with 1/4-inch steel hoods constructed so as to prevent

sawing or lever action on the locks, hasps, and staples. These requirements do not apply to

magazine doors that are adequately secured on the inside by means of a bolt, lock, or a bar that

cannot be actuated from the outside.

(D)

Ventilation: Ventilation shall be provided to prevent dampness and heating of stored explosive

materials. Ventilation openings shall be offset or shielded and screened to prevent the entrance

of sparks. The packages of explosive materials shall not be stacked against the side walls and

block the air circulation.

4-4-5-2 Indoor Type 4 Magazines

Indoor magazines shall be fire-resistant and theft-resistant. They need not be weather-resistant if the

buildings in which they are stored provide protection from the weather. No indoor magazine may be

located in a residence or dwelling

entrance

of sparks. The packages of explosive materials shall not be stacked against the side walls and

block the air circulation.

4-4-5-2 Indoor Type 4 Magazines

Indoor magazines shall be fire-resistant and theft-resistant. They need not be weather-resistant if the

buildings in which they are stored provide protection from the weather. No indoor magazine may be

located in a residence or dwelling. The indoor storage of low explosives may not exceed a quantity of 50

pounds. More than one indoor magazine may be located in the same building if the total quantity of all

explosive materials stored does not exceed 50 pounds. Detonators that will not mass detonate shall be

stored in separate magazines and the total number of detonators may not exceed 5,000.

(A)

Construction: Indoor magazines shall be constructed of masonry, metal-covered wood, fabricated

metal, or a combination of these materials. The walls and floors shall be constructed of, or

covered with, a non-sparking material. The doors or covers shall be metal or solid wood covered

with metal.

(B)

Hinges & Hasps: Hinges and hasps shall be attached to the covers or doors by welding, riveting,

or bolting (with nuts on the inside of the door). Hinges and hasps shall be installed so that they

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

2 mortise locks

(2)

2 padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

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35

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with at least one of the following types of locks:

(1)

2 mortise locks

(2)

2 padlocks fastened in separate hasps and staples

(3)

A combination of a mortise lock and a padlock

(4)

A mortise lock that requires two keys to open

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(5)

A three-point lock.

Padlocks shall have at least 5 tumblers and a case-hardened shackle of at least 3/8-inch

diameter. Padlocks shall be protected with 1/4-inch steel hoods constructed so as to prevent

sawing or lever action on the locks, hasps, and staples. Indoor magazines located in secure

rooms, that are locked as provided in this paragraph, may have each door or opening locked with

one steel padlock (which need not be protected by a steel hood) having at least five tumblers and

a case-hardened shackle of at least 3/8-inch diameter, if the lock hinges and hasps are securely

fastened to the magazine and to the door frame. These requirements do not apply to magazine

doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be

actuated from the outside.

4-4-6

Type 5 Storage

A Type 5 magazine shall be a building, igloo or army-type structure, tunnel, dugout, bin, box, trailer, or a

semitrailer or other mobile facility.

4-4-6-1 Outdoor Type 5 Magazines

Outdoor Type 5 magazines shall be weather-resistant, fire-resistant and theft-resistant. Over-the-road

trucks or semi-trailers used as Type 5 magazines for temporary storage need not be fire-resistant. The

ground around magazines shall slope away for drainage or other adequate drainage shall be provided.

When unattended, vehicular magazines shall have wheels removed or shall otherwise be effectively

immobilized by kingpin locking devices or other methods approved by the Division.

(A)

Construction: The doors or covers shall be constructed of solid wood or metal

storage need not be fire-resistant. The

ground around magazines shall slope away for drainage or other adequate drainage shall be provided.

When unattended, vehicular magazines shall have wheels removed or shall otherwise be effectively

immobilized by kingpin locking devices or other methods approved by the Division.

(A)

Construction: The doors or covers shall be constructed of solid wood or metal.

(B)

Hinges & Hasps: Hinges and hasps shall be attached to the covers or doors by welding, riveting,

or bolting (with nuts on the inside of the door). Hinges and hasps shall be installed so that they

cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with 1 padlock having at least 5 tumblers and a case-

hardened shackle of at least 3/8-inch diameter. Indoor magazines located in secure rooms, that

are locked as provided in this paragraph, may have each door or opening locked with 1 steel

padlock (which need not be protected by a steel hood) having at least 5 tumblers and a case-

hardened shackle of at least 3/8-inch diameter, if the lock hinges and hasps are securely

fastened to the magazine and to the door frame. These requirements do not apply to magazine

doors that are adequately secured on the inside by means of a bolt, lock or bar that cannot be

actuated from the outside.

4-4-6-2 Indoor Type 5 Magazines

Indoor Type 5 magazines shall be theft-resistant. They need not be weather-resistant if the buildings in

which they are stored provide protection from the weather. No indoor magazine may be located in a

residence or dwelling. Indoor magazines containing quantities of blasting agents in excess of 50 pounds

shall be subject to the American Table of Distances in Section 4-5-1 of this subpart.

(A)

Construction: The doors or covers shall be constructed of wood or metal.

(B)

Hinges and Hasps: Hinges and hasps shall be attached to the covers or doors by welding,

riveting, or bolting (with nuts on the inside of the door)

ling. Indoor magazines containing quantities of blasting agents in excess of 50 pounds

shall be subject to the American Table of Distances in Section 4-5-1 of this subpart.

(A)

Construction: The doors or covers shall be constructed of wood or metal.

(B)

Hinges and Hasps: Hinges and hasps shall be attached to the covers or doors by welding,

riveting, or bolting (with nuts on the inside of the door). Hinges and hasps shall be installed so

that they cannot be removed when the doors are closed and locked.

(C)

Locks: Each door shall be equipped with 1 padlock having at least 5 tumblers and a case-

hardened shackle of at least 3/8-inch diameter.

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

36

Indoor magazines located in secure rooms that are locked as provided in this paragraph may

have each door or opening locked with 1 steel padlock (which need not be protected by a steel

hood) having at least 5 tumblers and a case-hardened shackle of at least 3/8-inch diameter if the

lock hinges and hasps are securely fastened to the magazine and to the door frame. These

requirements do not apply to magazine doors that are adequately secured on the inside by

means of a bolt, lock or bar that cannot be actuated from the outside.

Section 4-5

Location of Magazines

(A)

Outdoor magazines in which high explosives are stored shall be located no closer to inhabited

buildings, passenger railways, public highways or other magazines in which high explosives are

stored than the minimum distances specified in the American Table of Distances for Storage of

Explosive Materials in Table 4-5-1.

(B)

Outdoor magazines in which low explosives are stored shall be located no closer to inhabited

buildings, passenger railways, public highways or other magazines in which explosives are stored

than the minimum distances specified in the American Table of Distances for Storage of Low

Explosives in Table 4-5-2. The distances shown therein may not be reduced by the presence of

barricades

able 4-5-1.

(B)

Outdoor magazines in which low explosives are stored shall be located no closer to inhabited

buildings, passenger railways, public highways or other magazines in which explosives are stored

than the minimum distances specified in the American Table of Distances for Storage of Low

Explosives in Table 4-5-2. The distances shown therein may not be reduced by the presence of

barricades.

(C)

Outdoor magazines in which blasting agents are stored shall be located no closer to inhabited

buildings, passenger railways or public highways than the minimum distances specified in the

American Table of Distances for Storage of Explosive Materials in Table 4-5-1.

(D)

Ammonium nitrate and magazines in which blasting agents are stored shall be located no closer

to magazines in which high explosives or other blasting agents are stored than the minimum

distances specified in the American Table of Distances for the Separation of Ammonium Nitrate

and Blasting Agents in Table 4-5-3. However, the minimum distances for magazines in which

explosives and blasting agents are stored from inhabited buildings, passenger railways or public

highways may not be less than the distances specified in the American Table of Distances for

Storage of Explosive Materials in Table 4-5-1.

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

37

Table 4-5-1

American Table of Distances for Storage of Explosive Materials

Quantity of Explosive

Materials (1,2,3,4)

Distances in Feet

Inhabited Buildings (9)

Public Highways with

Traffic Volume of less than

3,000 Vehicles/Day (11)

Passenger Railways-Public

Highways with Traffic Volume

of more than 3,000

Vehicles/Day (10, 11)

Separation of Magazines (12)

Pounds Over

Pounds Not

Over

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

0

5

70

140

30

60

51

102

6

12

5

10

90

180

35

70

64

128

8

16

10

20

110

220

45

90

81

162

10

20

20

30

125

250

50

100

93

186

11

22

30

40

140

280

55

110

103

206

12

24

40

50

150

3

e

of more than 3,000

Vehicles/Day (10, 11)

Separation of Magazines (12)

Pounds Over

Pounds Not

Over

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

0

5

70

140

30

60

51

102

6

12

5

10

90

180

35

70

64

128

8

16

10

20

110

220

45

90

81

162

10

20

20

30

125

250

50

100

93

186

11

22

30

40

140

280

55

110

103

206

12

24

40

50

150

300

60

120

110

220

14

28

50

75

170

340

70

140

127

254

15

30

75

100

190

380

75

150

139

278

16

32

100

125

200

400

80

160

150

300

18

36

125

150

215

430

85

170

159

318

19

38

150

200

235

470

95

190

175

350

21

42

200

250

255

510

105

210

189

378

23

46

250

300

270

540

110

220

201

402

24

48

300

400

295

590

120

240

221

442

27

54

400

500

320

640

130

260

238

476

29

58

500

600

340

680

135

270

253

506

31

62

600

700

355

710

145

290

266

532

32

64

700

800

375

750

150

300

278

556

33

66

800

900

390

780

155

310

289

578

35

70

900

1,000

400

800

160

320

300

600

36

72

1,000

1,200

425

850

165

330

318

636

39

78

1,200

1,400

450

900

170

340

336

672

41

82

1,400

1,600

470

940

175

350

351

702

43

86

1,600

1,800

490

980

180

360

366

732

44

88

1,800

2,000

505

1,010

185

370

378

756

45

90

2,000

2,500

545

1,090

190

380

408

816

49

98

2,500

3,000

580

1,160

195

390

432

864

52

104

3,000

4,000

635

1,270

210

420

474

948

58

116

4,000

5,000

685

1,370

225

450

513

1,026

61

122

5,000

6,000

730

1,460

235

470

546

1,092

65

130

6,000

7,000

770

1,540

245

490

573

1,146

68

136

7,000

8,000

800

1,600

250

500

600

1,200

72

144

8,000

9,000

835

1,670

255

510

624

1,248

75

150

9,000

10,000

865

1,730

260

520

645

1,290

78

156

10,000

12,000

875

1,750

270

540

687

1,374

82

164

12,000

14,000

885

1,770

275

550

723

1,446

87

174

14,000

16,000

900

1,800

280

560

756

1,512

90

180

16,000

18,000

940

1,880

285

570

786

1,572

94

188

18,000

20,000

975

1,950

290

580

813

1,626

98

196

20,000

25,000

1,055

2,000

315

630

876

1,752

105

210

25,000

30,000

1,130

2,000

340

680

933

1,866

112

224

30,000

35,000

1,205

2,000

360

720

981

1,962

119

238

35,000

40,000

1,275

2,000

380

760

1,026

2,000

124

248

40,000

45,000

770

275

550

723

1,446

87

174

14,000

16,000

900

1,800

280

560

756

1,512

90

180

16,000

18,000

940

1,880

285

570

786

1,572

94

188

18,000

20,000

975

1,950

290

580

813

1,626

98

196

20,000

25,000

1,055

2,000

315

630

876

1,752

105

210

25,000

30,000

1,130

2,000

340

680

933

1,866

112

224

30,000

35,000

1,205

2,000

360

720

981

1,962

119

238

35,000

40,000

1,275

2,000

380

760

1,026

2,000

124

248

40,000

45,000

1,340

2,000

400

800

1,068

2,000

129

258

45,000

50,000

1,400

2,000

420

840

1,104

2,000

135

270

50,000

55,000

1,460

2,000

440

880

1,140

2,000

140

280

55,000

60,000

1,515

2,000

455

910

1,173

2,000

145

290

60,000

65,000

1,565

2,000

470

940

1,206

2,000

150

300

65,000

70,000

1,610

2,000

485

970

1,236

2,000

155

310

70,000

75,000

1,655

2,000

500

1,000

1,263

2,000

160

320

75,000

80,000

1,695

2,000

510

1,020

1,293

2,000

165

330

80,000

85,000

1,730

2,000

520

1,040

1,317

2,000

170

340

85,000

90,000

1,760

2,000

530

1,060

1,344

2,000

175

350

90,000

95,000

1,790

2,000

540

1,080

1,368

2,000

180

360

95,000

100,000

1,815

2,000

545

1,090

1,392

2,000

185

370

100,000

110,000

1,835

2,000

550

1,100

1,437

2,000

195

390

110,000

120,000

1,855

2,000

555

1,110

1,479

2,000

205

410

120,000

130,000

1,875

2,000

560

1,120

1,521

2,000

215

430

130,000

140,000

1,890

2,000

565

1,130

1,557

2,000

225

450

140,000

150,000

1,900

2,000

570

1,140

1,593

2,000

235

470

150,000

160,000

1,935

2,000

580

1,160

1,629

2,000

245

490

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

000

550

1,100

1,437

2,000

195

390

110,000

120,000

1,855

2,000

555

1,110

1,479

2,000

205

410

120,000

130,000

1,875

2,000

560

1,120

1,521

2,000

215

430

130,000

140,000

1,890

2,000

565

1,130

1,557

2,000

225

450

140,000

150,000

1,900

2,000

570

1,140

1,593

2,000

235

470

150,000

160,000

1,935

2,000

580

1,160

1,629

2,000

245

490

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

38

Table 4-5-1

American Table of Distances for Storage of Explosive Materials

Quantity of Explosive

Materials (1,2,3,4)

Distances in Feet

Inhabited Buildings (9)

Public Highways with

Traffic Volume of less than

3,000 Vehicles/Day (11)

Passenger Railways-Public

Highways with Traffic Volume

of more than 3,000

Vehicles/Day (10, 11)

Separation of Magazines (12)

Pounds Over

Pounds Not

Over

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

Barricaded (6,7,8)

Unbarricaded

160,000

170,000

1,965

2,000

590

1,180

1,662

2,000

255

510

170,000

180,000

1,990

2,000

600

1,200

1,695

2,000

265

530

180,000

190,000

2,010

2,010

605

1,210

1,725

2,000

275

550

190,000

200,000

2,030

2,030

610

1,220

1,755

2,000

285

570

200,000

210,000

2,055

2,055

620

1,240

1,782

2,000

295

590

210,000

230,000

2,100

2,100

635

1,270

1,836

2,000

315

630

230,000

250,000

2,155

2,155

650

1,300

1,890

2,000

335

670

250,000

275,000

2,215

2,215

670

1,340

1,950

2,000

360

720

275,000

300,000

2,275

2,275

690

1,380

2,000

2,000

385

770

Table: American Table of Distances for Storage of Explosive Materials as Revised and Approved by the Institute

of Makers of Explosives – June 1991

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

39

30,000

250,000

2,155

2,155

650

1,300

1,890

2,000

335

670

250,000

275,000

2,215

2,215

670

1,340

1,950

2,000

360

720

275,000

300,000

2,275

2,275

690

1,380

2,000

2,000

385

770

Table: American Table of Distances for Storage of Explosive Materials as Revised and Approved by the Institute

of Makers of Explosives – June 1991

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

39

Table 4-5-2

Table of Distance for the Storage of Low Explosives

Quantity of Explosives (In Pounds)

Distance in Feet

Over

Not Over

From Inhabited

Buildings

From Public Railways

and Highways

From Above Ground

Magazine

0

1,000

75

75

50

1,000

5,000

115

115

75

5,000

10,000

150

150

100

10,000

20,000

190

190

125

20,000

30,000

215

215

145

30,000

40,000

235

235

155

40,000

50,000

250

250

165

50,000

60,000

260

260

175

60,000

70,000

270

270

185

70,000

80,000

280

280

190

80,000

90,000

295

295

195

90,000

100,000

300

300

200

100,000

200,000

375

375

250

200,000

300,000

450

450

300

Table: Department of Defense Ammunition and Explosives Standards, Table 5–4.1 Extract;

4145.27 M, March 1969

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

40

Table 4-5-3

Table of Separation Distances of Ammonium Nitrate and

Blasting Agents from Explosives or Blasting Agents1,6

Donor Weight

Minimum Separation Distance of Acceptor when Barricaded2 (ft.)

Pounds Over

Pounds Not Over

Ammonium Nitrate3

Blasting Agent4

Minimum Thickness of

Artificial Barricades5 (in.)

March 1969

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

40

Table 4-5-3

Table of Separation Distances of Ammonium Nitrate and

Blasting Agents from Explosives or Blasting Agents1,6

Donor Weight

Minimum Separation Distance of Acceptor when Barricaded2 (ft.)

Pounds Over

Pounds Not Over

Ammonium Nitrate3

Blasting Agent4

Minimum Thickness of

Artificial Barricades5 (in.)

100

3

11

12

100

300

4

14

12

300

600

5

18

12

600

1,000

6

22

12

1,000

1,600

7

25

12

1,600

2,000

8

29

12

2,000

3,000

9

32

15

3,000

4,000

10

36

15

4,000

6,000

11

40

15

6,000

8,000

12

43

20

8,000

10,000

13

47

20

10,000

12,000

14

50

20

12,000

16,000

15

54

25

16,000

20,000

16

58

25

20,000

25,000

18

65

25

25,000

30,000

19

68

30

30,000

35,000

20

72

30

35,000

40,000

21

76

30

40,000

45,000

22

79

35

45,000

50,000

23

83

35

50,000

55,000

24

86

35

55,000

60,000

25

90

35

60,000

70,000

26

94

40

70,000

80,000

28

101

40

80,000

90,000

30

108

40

90,000

100,000

32

115

40

100,000

120,000

34

122

50

120,000

140,000

37

133

50

140,000

160,000

40

144

50

160,000

180,000

44

158

50

180,000

200,000

48

173

50

200,000

220,000

52

187

60

220,000

250,000

56

202

60

250,000

275,000

60

216

60

275,000

300,000

64

230

60

Table: National Fire Protection Association (NFPA) Official Standard No. 492, 1968

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

41

Explanatory Notes Essential to the Application of the American Table of Distances

for Storage of Explosive Materials

NOTE 1

“Explosive materials” means explosives, blasting agents and detonators.

NOTE 2

“Explosives” means any chemical compound, mixture, or device, the primary or common

purpose of which is to function by explosion. For quantity and distance purposes,

detonating cord of 50 grains per foot should be calculated as equivalent to 8 lbs. of high

explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately

ans explosives, blasting agents and detonators.

NOTE 2

“Explosives” means any chemical compound, mixture, or device, the primary or common

purpose of which is to function by explosion. For quantity and distance purposes,

detonating cord of 50 grains per foot should be calculated as equivalent to 8 lbs. of high

explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately.

NOTE 3

“Blasting agents” means any material or mixture, consisting of fuel and oxidizer, intended

for blasting, not otherwise defined as an explosive provided that the finished product as

mixed for use or shipment, cannot be detonated by means of a No.8 test blasting cap

when unconfined.

NOTE 4

“Detonator” means any device containing any initiating or primary explosive that is used

for initiating detonation. A detonator may not contain more than 10 grams of total

explosives by weight, excluding ignition or delay charges. The term includes, but is not

limited to, electric blasting caps of instantaneous and delay types, electronic detonators,

blasting caps for use with safety fuses, detonating cord delay connectors, and non-electric

instantaneous and delay blasting caps which use detonating cord, shock tube, or any

other replacement for electric leg wires. All types of detonators in strengths through No.8

cap should be rated at 1 1/2 lbs. of explosives per 1,000 caps. For strengths higher than

No.8 cap consult the manufacturer.

NOTE 5

“Magazine” means any building, structure, or container, other than an explosives

manufacturing building, approved for the storage of explosive materials.

NOTE 6

“Natural Barricade” means natural features of the ground such as hills, or timber of

sufficient density that the surrounding exposures which require protection cannot be seen

from the magazine when the trees are bare of leaves.

NOTE 7

“Artificial Barricade” means an artificial mound or wall of earth of a minimum thickness of

three feet

lding, approved for the storage of explosive materials.

NOTE 6

“Natural Barricade” means natural features of the ground such as hills, or timber of

sufficient density that the surrounding exposures which require protection cannot be seen

from the magazine when the trees are bare of leaves.

NOTE 7

“Artificial Barricade” means an artificial mound or wall of earth of a minimum thickness of

three feet.

NOTE 8

“Barricaded” means the effective screening of a building containing explosive materials

from the magazine or other building, railway, or highway by a natural or an artificial barrier.

A straight line from the top of any sidewall of the building containing explosive materials to

the eave line of any magazine or other building or to a point twelve feet above the center

of a railway or highway shall pass through such barrier.

NOTE 9

“Inhabited Building” means a building regularly occupied in whole or part as a habitation

for human beings, or any church, schoolhouse, railroad station, store, or other structure

where people are accustomed to assemble, except any building or structure occupied in

connection with the manufacture, transportation, storage or use of explosive materials.

NOTE 10

“Railway” means any steam, electric, or other railroad or railway which carries passengers

for hire.

NOTE 11

“Highway” means any public street, public alley, or public road.

CODE OF COLORADO REGULATIONS

7 CCR 1101-9

Division of Oil and Public Safety

ssemble, except any building or structure occupied in

connection with the manufacture, transportation, storage or use of explosive materials.

NOTE 10

“Railway” means any steam, electric, or other railroad or railway which carries passengers

for hire.

NOTE 11

“Highway” means any public street, public alley, or public road.

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NOTE 12

When two or more storage magazines are located on the same property, each magazine

must comply with the minimum distances specified from inhabited buildings, railways and

highways, and, in addition, they should be separated from each other by not less than the

distances shown for “Separation of Magazines,” except that the quantity of explosive

materials contained in detonator magazines shall govern in regard to the spacing of said

detonator magazines from magazines containing other explosive materials. If any two or

more magazines are separated from each other by less than the specified “Separation of

Magazines” distances, then such two or more magazines, as a group, must be considered

as one magazine, and the total quantity of explosive materials stored in such group must

be treated as if stored in a single magazine located on the site of any magazine of the

group, and must comply with the minimum of distances specified from other magazines,

inhabited buildings, railways, and highways.

NOTE 13

Storage in excess of 300,000 lbs. of explosive materials, in one magazine is generally not

required for commercial enterprises.

NOTE 14

This Table applies only to the manufacture and permanent storage of commercial

explosive materials. It is not applicable to transportation of explosives or any handling or

temporary storage necessary or incident thereto. It is not intended to apply to bombs,

projectiles, or other heavily encased explosives

ive materials, in one magazine is generally not

required for commercial enterprises.

NOTE 14

This Table applies only to the manufacture and permanent storage of commercial

explosive materials. It is not applicable to transportation of explosives or any handling or

temporary storage necessary or incident thereto. It is not intended to apply to bombs,

projectiles, or other heavily encased explosives.

NOTE 15

When a manufacturing building on an explosive materials plant site is designed to contain

explosive materials, such building shall be located from inhabited buildings, public

highways and passenger railways in accordance with the American Table of Distances

based on the maximum quantity of explosive materials permitted to be in the building at

one time.

American Table of Distances

The American Table of Distances applies to the manufacture and permanent storage of commercial

explosive materials. The distances specified are those measured from the explosive materials storage

facility to the inhabited building, highway or passenger railway, irrespective of property lines.

The American Table of Distances covers all commercial explosive materials, including, but not limited to,

high explosives, blasting agents, detonators, initiating systems and explosives materials in process. The

Table is not designed to be altered or adjusted to accommodate varying explosive characteristics such as

blast effect, weight strength, density, bulk strength, detonation velocity, etc.

The American Table of Distances should not be used to determine safe distances for blasting work, the

firing of explosive charges for testing or quality control work, or the open detonation of waste explosive

materials. The American Table of Distances may be utilized as a guide for developing distances for the

unconfined, open burning of waste explosive materials where the probability of transition from burning to

high order detonation is improbable.

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or testing or quality control work, or the open detonation of waste explosive

materials. The American Table of Distances may be utilized as a guide for developing distances for the

unconfined, open burning of waste explosive materials where the probability of transition from burning to

high order detonation is improbable.

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Notes to Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents

from Explosives or Blasting Agents

NOTE 1

Recommended separation distances to prevent explosion of ammonium nitrate and

ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives

or blasting agents referred to in the Table as the “donor.” Ammonium nitrate, by itself, is not

considered to be a donor when applying this Table. Ammonium nitrate, ammonium nitrate-fuel

oil or combinations thereof are acceptors. If Stores of ammonium nitrate are located within the

sympathetic detonation distance of explosives or blasting agents, one-half the mass of the

ammonium nitrate should be included in the mass of the donor.

NOTE 2

When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in

the Table shall be multiplied by six. These distances allow for the possibility of high velocity

metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers,

and the like which may enclose the “donor.” Where storage is in bullet-resistant magazines is

recommended for explosives or where the storage is protected by a bullet-resistant wall,

distances and barricade thicknesses in excess of those prescribed in the American Table of

Distances are not required.

NOTE 3

The distances in the Table apply to ammonium nitrate and ammonium nitrate based materials

that show “negative” (-) result in the UN Test Series 2 Gap Test and show “positive” (+) result

in the UN Test Series 1 Gap Test

re the storage is protected by a bullet-resistant wall,

distances and barricade thicknesses in excess of those prescribed in the American Table of

Distances are not required.

NOTE 3

The distances in the Table apply to ammonium nitrate and ammonium nitrate based materials

that show “negative” (-) result in the UN Test Series 2 Gap Test and show “positive” (+) result

in the UN Test Series 1 Gap Test. Ammonium nitrate and ammonium nitrate based materials

that are DOT hazard Class 1 sensitive shall be stored at separation distances determined by

the American Table of Distances.

NOTE 4

These distances apply to blasting agents which pass the insensitivity test prescribed in

regulations of the U.S. Department of Transportation and the U.S. Department of the Treasury,

Bureau of Alcohol, Tobacco and Firearms.

NOTE 5

Earth, or sand dikes, or enclosures filled with the prescribed minimum thickness of earth or

sand are acceptable artificial barricades. Natural barricades, such as hills or timber of

sufficient density that the surrounding exposures which require protection cannot be seen from

the “donor” when the trees are bare of leaves, are also acceptable.

NOTE 6

For determining the distances to be maintained from inhabited buildings, passenger railways,

and public highways, use the American Table of Distances for Storage of Explosives Materials

on pages 58 and 59.

*For construction of bullet-resistant magazines see Bureau of Alcohol, Tobacco and Firearms,

Department of the Treasury, Publication ATF P 5400.7 (9/00), ATF-Explosives Law and

Regulations.

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passenger railways,

and public highways, use the American Table of Distances for Storage of Explosives Materials

on pages 58 and 59.

*For construction of bullet-resistant magazines see Bureau of Alcohol, Tobacco and Firearms,

Department of the Treasury, Publication ATF P 5400.7 (9/00), ATF-Explosives Law and

Regulations.

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ARTICLE 5

TRANSPORTATION OF EXPLOSIVES

Section 5-1

General Requirements

(A)

Transportation of explosives, blasting agents, and blasting supplies on public highways, railways,

and airways shall be in accordance with the provisions of Title 42 Article 20 C.R.S. and any

regulations promulgated pursuant thereto and Title 49 CFR Parts 171-179 and Parts 390-397,

Motor Carriers.

(B)

Requirements for the transportation of explosives, blasting agents and blasting supplies by

motorized vehicle or conveyance on job sites shall be:

(1)

No person shall smoke, carry matches or any other flame-producing device or carry

firearms or loaded cartridges while in or near a motor vehicle or conveyance transporting

explosives.

(2)

No person shall drive, load or unload a vehicle or conveyance transporting explosives in

a careless or reckless manner.

(3)

Vehicles or conveyances transporting explosives, blasting agents or blasting supplies

shall not be taken inside a garage or shop for repairs or servicing.

(4)

Vehicles or conveyances used for transporting explosives shall be equipped to carry the

load without difficulty and shall be in good mechanical condition.

(5)

A motor vehicle or conveyance used for transporting explosives shall be given the

following inspection prior to the transportation to determine that it is in proper condition

for the safe transportation of explosives:

pairs or servicing.

(4)

Vehicles or conveyances used for transporting explosives shall be equipped to carry the

load without difficulty and shall be in good mechanical condition.

(5)

A motor vehicle or conveyance used for transporting explosives shall be given the

following inspection prior to the transportation to determine that it is in proper condition

for the safe transportation of explosives:

(i)

Fire extinguishers shall be filled and in proper working order;

(ii)

All electrical wiring shall be completely protected and securely fastened to

prevent short-circuiting;

(iii)

Chassis, motor, pan and underside of body shall be completely free of excess oil

and grease;

(iv)

Fuel tank and fuel line shall be secure and have no leaks;

(v)

Brakes, lights, horn, windshield wipers and steering apparatus shall function

properly;

(vi)

Tires shall be checked for proper inflation and defects; and

(vii)

The vehicle shall be in proper condition in every other respect and acceptable for

handling explosives.

(6)

All vehicles or conveyances used for transporting explosives shall have tight floors, and

any exposed spark-producing metal on the inside of the body shall be covered with wood

or other non-sparking materials to prevent contact with packages of explosives.

(7)

Packages of explosives or blasting agents shall not be loaded above the sides of an

open- body vehicle or conveyance.

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(8)

Explosives shall not be transported with other materials or cargoes in the same

compartment. In no case shall flammable materials be carried on the same vehicle as

explosives, with the exception of desensitizing agents.

(9)

Each vehicle or conveyance used for transportation of explosives shall be equipped with

at least one charged fire extinguisher each with an extinguisher rating of at least 4-

A:10B:C. Extinguishers shall be located where they will be accessible for immediate use.

ment. In no case shall flammable materials be carried on the same vehicle as

explosives, with the exception of desensitizing agents.

(9)

Each vehicle or conveyance used for transportation of explosives shall be equipped with

at least one charged fire extinguisher each with an extinguisher rating of at least 4-

A:10B:C. Extinguishers shall be located where they will be accessible for immediate use.

(10)

Explosives shall be transferred from a disabled vehicle or conveyance to another vehicle

or conveyance only when proper and qualified supervision is provided. Local fire

departments and police departments shall be notified if a transfer occurs in a congested

area. In remote areas, they shall be notified if appropriate.

(11)

A motorized vehicle or conveyance which contains explosives or detonators shall not be

parked under any of the following circumstances:

(i)

On or within 5 feet of the traveled portion of a public street or highway; or

(ii)

Within 300 feet of a bridge, tunnel, building, or place where people work,

assemble, or congregate, except for brief periods when the necessities of

operation require the vehicle or conveyance to be parked and make it

impracticable to park the vehicle or conveyance in any other place.

(12)

A motorized vehicle or conveyance transporting explosives, detonators, or blasting

agents shall not be left unattended.

(13)

A motorized vehicle or conveyance shall be deemed attended only when the driver or

other attendant is physically on or in the vehicle or conveyance, or has the vehicle or

conveyance within the driver or attendant’s field of vision and can reach the vehicle or

conveyance quickly and without any kind of interference; attended also means the driver

or attendant is awake, alert, and not engaged in any other duties or activities which may

divert his/her attention from the vehicle or conveyance.

(14)

Detonators may not be transported in the same vehicle or conveyance with other

explosives unless:

er or attendant’s field of vision and can reach the vehicle or

conveyance quickly and without any kind of interference; attended also means the driver

or attendant is awake, alert, and not engaged in any other duties or activities which may

divert his/her attention from the vehicle or conveyance.

(14)

Detonators may not be transported in the same vehicle or conveyance with other

explosives unless:

(i)

The detonators and explosives are placed in separate locked Type 2 magazines

secured within the body of the vehicle or conveyance;

(ii)

The detonators and explosives are placed in a suitable locked container and

separated by 4 inches of hardwood and the detonators are totally enclosed or

confined by the hardwood construction;

(iii)

The detonators and explosives are placed in separate locked containers or

container compartments constructed in accordance with the Institute of Makers of

Explosives Safety Library Publication No. 22, “IME Standard for the Safe

Transportation of Detonators in a Vehicle with Other Explosives”; or

(iv)

The detonators and explosives are placed in separate locked Type 3 magazines.

(C)

Requirements for the transportation of explosives, blasting agents and blasting supplies to

blasting areas by non-motorized means shall be:

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(1)

Explosives and blasting agents shall be carried in day boxes, original containers or shall

be placed in bags or containers that are water-resistant and constructed of non-sparking

and nonconductive material.

ion of explosives, blasting agents and blasting supplies to

blasting areas by non-motorized means shall be:

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(1)

Explosives and blasting agents shall be carried in day boxes, original containers or shall

be placed in bags or containers that are water-resistant and constructed of non-sparking

and nonconductive material.

(2)

Detonators shall be wrapped in suitable padding and carried in separate bags or

containers from other explosives.

ARTICLE 6

USE OF EXPLOSIVE MATERIALS

Section 6-1

General Requirements

(A)

While explosives are being handled or used, smoking, matches or any other source of fire or

flame shall not be within 50 feet of the blast site.

(B)

No pers

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