Permit for construction or alteration of major process used to protect lives, safety and health of employees: Application; standards for issuance; fee; regulations; exception

1. No owner or operator of a place of employment may commence the construction of, substantially alter the construction of, or modify any major process used to protect the lives, safety and health of employees at a place of employment where an explosive is manufactured, or used, processed, handled, moved on-site or stored in relation to its manufacture, unless the owner or operator, as applicable, first obtains a permit therefor from the Division. Before issuing any permit, the Division shall consult with the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

2. An application for such a permit must be submitted on a form prescribed by the Division.

3. The Division may require the applicant to comply with requirements that it establishes by regulation before issuing such a permit.

4. The Division may charge and collect a fee for the issuance of such a permit.

5. The Division shall adopt such regulations as are necessary to carry out the provisions of this section.

6. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

7. Except as otherwise provided in subsection 8, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

8. For the purposes of this section, an explosive does not include: (a) Ammunition for small arms, or any component thereof; (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes: (1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16) , as that section existed on January 1, 1999; or (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4) , as that section existed on January 1, 1999; or (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.