2006 New York Code - Definitions.



 
    §  451.  Definitions.  Whenever used in this article: 1.  "Explosives"
  means gunpowder, powders used for blasting,  high  explosives,  blasting
  materials,  detonating  fuses,  detonators  and other detonating agents,
  smokeless powder and any chemical compound  or  any  mechanical  mixture
  containing  any oxidizing and combustible units, or other ingredients in
  such  proportions,  quantities,  or  packing  that  ignition  by   fire,
  friction,  concussion,  percussion or detonation of any part thereof may
  and is intended to cause an explosion, but shall not  include  gasoline,
  kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol and
  all  quantities  of  black  powder  not exceeding five pounds for use in
  firing of antique firearms  or  artifacts  or  replicas  thereof.  Fixed
  ammunition  and  primers for small arms, fire-crackers, safety fuses and
  matches shall not be deemed to be explosives when, as may be  determined
  by  the  board  in  its  rules,  the individual units contain any of the
  above-mentioned articles or substances in such limited quantity, of such
  nature and so packed that it is impossible to produce  an  explosion  of
  such units to the injury of life, limb or property.
    2.  "Highway" means any public street, public highway, public alley or
  navigable stream, which is open for traffic. Navigable streams shall  be
  considered  as  only  those  streams susceptible of being used, in their
  ordinary condition, as highways of commerce.
    3. "Railroad" or "railway" means any railroad which carries passengers
  for hire, but shall not include  auxiliary  tracks,  spurs  and  sidings
  installed and primarily used in serving any mine, quarry or plant.
    4.  "Building"  means  any  building regularly occupied in whole or in
  part as a habitation for human beings, and  any  church,  school  house,
  railway  station  or other building or place where people are accustomed
  to live, work or assemble, but does not  mean  or  include  any  of  the
  buildings  of  a manufacturing plant where the business of manufacturing
  explosives is carried on.
    5. "Explosives factory" means any building or other structure in which
  the manufacture of explosives or any part of the manufacture thereof  is
  carried on.
    6.  "Magazine"  means  any  building or other structure, other than an
  explosives factory, used to store explosives.
    7. "Efficient barricade" means natural features of the ground, a dense
  woods, an artificial mound or a properly revetted wall of earth not less
  than three feet thick at the top, spaced at  least  three  feet  at  the
  bottom  from  any explosives factory or magazine, the height of which is
  such that any straight line drawn from the top of any side wall  of  the
  explosives  factory  or  magazine to the top of a building or to a point
  twelve feet above the center of a railroad or highway  to  be  protected
  will pass through such intervening barricade.
    8.  "Person"  includes any natural person, partnership, association or
  corporation.
    9. "Manufacturer" means any person who is engaged in  the  manufacture
  or production of explosives.
    10.  "Dealer"  means  any person engaged in the business of buying and
  selling explosives.
    11. A "farmer" is a person who occupies and cultivates land.

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