2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 71. SALE, PURCHASE, RECEIPT, POSSES- SION, TRANSPORTATION, USE, SAFETY AND CONTROL OF EXPLOSIVE MATERIALS
§ 7102 Definitions.

As used in this chapter:

(1) "Crime punishable by imprisonment for a term exceeding 1 year" shall not mean (i) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices or (ii) any state offense (other than one involving a firearm or explosive material) classified by the laws of any state as a misdemeanor and punishable by a term of imprisonment of 2 years or less.

(2) "Distribute" shall mean to issue, give, transfer or otherwise dispose of.

(3) "Explosive-actuated devices" shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants.

(4) "Explosive materials" means explosives, blasting agents and detonators as follows:

a. "Explosives" means 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, igniters and those materials included in the list published annually in the Federal Register by the Secretary of the Treasury pursuant to the Organized Crime Control Act of 1970 [18 U.S.C. § 841 et seq.].

b. "Blasting agent" 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 numbered 8 test blasting cap when unconfined.

c. "Detonator" means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.

(5) "Fugitive from justice" shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term shall also include any person who has been convicted of any crime and has fled to avoid imprisonment.

(6) "Issuing authorities" shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate.

(7) "Person" means any individual, corporation, company, association, firm, partnership, society or joint stock company.

(8) "Propellant-actuated power devices or tools" shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. It does not include explosive-actuated devices.

16 Del. C. 1953, § 7102; 58 Del. Laws, c. 498, § 1.;