2006 New York Code - Magazines.

 
  §  27-4033  Magazines.  a. Permit. It shall be unlawful to store or keep
  explosives, except in a magazine for which  a  permit  shall  have  been
  issued.
    b.  Special permit. A special permit shall be required for the storage
  of explosives in a magazine of either the  first  or  second  class,  as
  classified in subdivision d of this section, and the commissioner may at
  any  time  require  the  holder  of  such  special  permit to change the
  location of such magazine, or establish a new one in another location.
    c. Posting permit. The permit issued for any  magazine  shall  at  all
  times be kept in the magazine and readily accessible for inspection.
    d. Classification. There shall be five classes of magazines, namely:
    1.  first  class,  to  contain  not  more  than one thousand pounds of
  explosives each;
    2. second class, to contain not  more  than  five  hundred  pounds  of
  explosives each;
    3.  third  class, to contain not more than two hundred fifty pounds of
  explosives each;
    4. fourth class, to contain  not  more  than  one  hundred  pounds  of
  explosives each;
    5.  fifth  class,  to  contain  not  more  than  twenty-five pounds of
  explosives each.
    e. Construction. All magazines, and the  barricades  surrounding  them
  when  required, shall be designed and constructed in accordance with all
  applicable provisions of the building code.
    f. Danger area. A danger area shall be maintained around each magazine
  in proportion to the  quantity  of  explosives  contained  therein.  The
  magazine  keeper  shall  maintain such area clean and free from rubbish,
  dead grass, shrubbery and other obstructions, and prevent  persons  from
  loitering therein.
    g.  Magazine  keepers.  It  shall be unlawful for any person holding a
  magazine permit to store or keep  explosives  therein  unless  a  person
  holding a certificate of fitness as a magazine keeper be continuously in
  charge thereof; provided, that a person holding a certificate of fitness
  as  a  blaster  may  also act as a magazine keeper for a magazine of the
  fifth class, under a special permit of the  commissioner.  The  magazine
  keeper shall keep an accurate daily record of all explosives received at
  or delivered from the magazine under his or her charge, which shall show
  in  detail  how  the explosives have been used or otherwise disposed of,
  and which shall at all times be open to inspection by any  inspector  or
  member  of the department. Such magazine keeper shall first deliver from
  the magazine such explosives as have been longest therein. All magazines
  shall be kept locked, except when being inspected or when explosives are
  being placed therein or removed therefrom; and the magazine keeper shall
  at all times have the  key  thereof  in  his  or  her  possession.  Such
  magazine  keeper must care for and protect the magazine and its contents
  from interference by  unauthorized  persons,  and  he  or  she  must  be
  constantly  on  the  lookout  for  signs which would indicate leakage of
  nitro-glycerine from  explosives  under  his  or  her  charge,  and  all
  explosives  in  such  condition must be the next used. A magazine keeper
  shall not be required to perform  any  service  that  will  in  any  way
  interfere with his or her duties as set forth in this subchapter.
    h.  Management.  A magazine shall at all times be kept clean, dry, and
  free from grit; and before any repairs or alterations are  made  to  any
  part  thereof  all  explosives  shall be carefully removed to a place of
  safety and the magazine thoroughly washed out. In case a magazine  floor
  becomes  stained  with nitro-glycerine, it shall be well scrubbed with a
  stiff broom, hard brush or mop using a solution of  one-half  gallon  of
  wood  alcohol  and  two  pounds of sulphide of sodium so as to decompose


  thoroughly the nitro-glycerine. All tools used in making such repairs or
  alterations shall be of wood or of copper, brass or other soft metal  or
  material.  In no case shall nails or screws be driven into a magazine in
  making  repairs  or  alterations,  nor  into  any material that has once
  formed a part thereof; and all wooden structural parts of a magazine, if
  discarded, shall be immediately burned at a safe distance therefrom.  It
  shall  be unlawful to store, place or keep any clothing, cotton waste or
  other article or thing in a magazine  containing  explosives,  except  a
  wooden  mallet  and  a  wooden wedge for the purpose of opening boxes of
  explosives, which shall be opened only with  such  implements.  Magazine
  keepers   and  all  other  persons  handling,  storing  or  transporting
  explosives are prohibited from carrying matches or permitting matches to
  be brought to or near the place where explosives are handled, stored  or
  transported.
    i.  Marking  explosives:  It  shall  be  unlawful  for  any  vendor of
  explosives to accept or deliver any explosives  unless  each  stick  and
  container of such explosives is plainly labelled, stamped or marked with
  identification serial numbers. Each stick and container shall be plainly
  labelled, stamped or marked with the words, "Dangerous--Explosives," and
  each stick wrapper shall be distinctively colored in a manner prescribed
  by the commissioner. It shall be unlawful for any person, to use or have
  in  his  or  her possession any explosives not marked as above provided.
  All unmarked explosives found in the possession of a contractor  or  any
  other person, may be confiscated, seized, condemned and destroyed by the
  commissioner.
    j. Storage restrictions. It shall be unlawful to:
    1.  Place,  keep  or  store  in a magazine explosives in excess of the
  amount stated in the permit therefor, except by  special  permission  of
  the commissioner;
    2.  Place,  keep  or  store black powder, blasting powder or smokeless
  powder in a magazine containing any other explosive, or  in  a  magazine
  containing blasting caps, detonators or electric fuses;
    3.  Place,  keep  or  store  in, or bring within one hundred feet of a
  magazine  of  the  first,  second,  third  or  fourth  class  containing
  explosives,  black  powder,  blasting  powder  or  smokeless powder, any
  blasting cap, capped cartridge, detonator, or any other article or thing
  that is likely to  cause  an  explosion  by  friction,  shock,  heat  or
  otherwise, or place or store dynamite or any other high explosive in any
  magazine  which  has  previously  contained  black  or  blasting powder,
  without first obtaining the express permission of the commissioner;
    4. Cap a cartridge within a radius of one hundred feet of  a  magazine
  (except  magazines  of  the  fifth  class),  or cap more cartridges than
  necessary for immediate use.