S*1066 Session 106 (1985-1986)
S*1066(Rat #0547, Act #0480 of 1986) General Bill, By Drummond
A Bill to provide for the regulation of the sale, use, and storage of
explosives, to authorize the State Fire Marshal to certify or license persons
selling, storing, or using explosives, and to provide penalties for
violations.
02/26/86 Senate Introduced and read first time SJ-744
02/26/86 Senate Referred to Committee on Labor, Commerce and
Industry SJ-744
03/25/86 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-1164
04/29/86 Senate Amended SJ-2368
04/29/86 Senate Read second time SJ-2368
04/30/86 Senate Read third time and sent to House SJ-2393
05/01/86 House Introduced and read first time HJ-2767
05/01/86 House Referred to Committee on Labor, Commerce and
Industry HJ-2767
05/28/86 House Recalled from Committee on Labor, Commerce and
Industry HJ-3448
05/29/86 House Read second time HJ-3516
05/30/86 House Read third time and enrolled HJ-3539
06/04/86 Ratified R 547
06/06/86 Signed By Governor
06/06/86 Effective date 01/01/87
06/06/86 Act No. 480
06/20/86 Copies available
(A480, R547, S1066)
AN ACT TO PROVIDE FOR THE REGULATION OF THE SALE, USE, AND STORAGE OF
EXPLOSIVES, TO AUTHORIZE THE STATE FIRE MARSHAL TO CERTIFY OR LICENSE PERSONS
SELLING, STORING, OR USING EXPLOSIVES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be cited
SECTION 1. This act may be cited as the "South Carolina Explosives Control
Act".
Findings
SECTION 2. The General Assembly finds it necessary to assure the people of
South Carolina that explosive materials are being sold, used, and stored by
persons, dealers, and blasters that are duly certified or licensed to engage in
the sale, use, or storage of these explosive materials by the State Fire Marshal.
Definitions
SECTION 3. As used in this act:
(1) "Explosive materials" means any explosive, blasting agent, water
gel, detonator, or other item contained in the "List of Explosive
Materials" published by the Bureau of Alcohol, Tobacco and Firearms (BATF).
(2) "Explosive" means any chemical compound, mixture, or device, the
primary or intended common purpose of which is to function by explosion. The
term includes, but is not limited to, dynamite and other high explosives, black
powder in quantities in excess of five pounds, pellet powder, initiating
explosives, detonators, squibs, and detonating cord. It does not mean small arms
ammunition or components of small arms ammunition.
(3) "Blasting agent" means any material or mixture, consisting of
fuel and oxidizer, intended for blasting not otherwise defined as an explosive.
The finished product, as mixed for use or shipment, may not be detonated by means
of a number eight test blasting cap when unconfined.
(4) "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 and
nonelectric instantaneous and delay blasting caps which use detonating cord shock
tube, or any other replacement for electric leg wires.
(5) "Person" means any natural person, partnership, association, or
corporation.
(6) "Dealer" means a person engaged in the wholesale or retail
business of buying and selling explosives. However, if a manufacturer or
distributor of explosives makes sales to consumers, the manufacturer or
distributor is required to obtain a license as a dealer.
(a) "Class I Dealer" means a person engaged in the wholesale or
retail business of buying and selling any quantity and type of explosive
materials.
(b) "Class II Dealer" means a person engaged in the retail
business of selling black powder, flash powder, and other types of low-grade
explosive.
(7) "Blaster" means a person who detonates or otherwise effects the
explosion of an explosive material or who is in immediate personal charge and
supervision of one or more persons who are not licensed to engage in such
activity.
(8) "Sale" means delivery of an explosive with or without
consideration.
(9) "Purchase" means acquisition of any explosive by a person with
or without consideration.
License or permit required
SECTION 4. (1) It is unlawful for any person to engage in the business of a
dealer in explosives or to acquire, sell, possess, store, or engage in the use
of explosive materials in this State except in conformity with the provisions of
this act. Each dealer or blaster must possess a valid license or permit issued
by the State Fire Marshal.
(2) Each dealer and blaster maintaining a storage magazine must possess a
permit for each magazine. Locations of magazines must be exactly reported to the
State Fire Marshal in the application for a license or permit. Any change in
magazine locations must be reported to the State Fire Marshal in advance of the
actual change. Written notice of the location change must be filed with the
State Fire Marshal no less than seven working days after the change is effected.
(3) Licenses and permits are required for the following and the fees therefor
are:
Class I Dealer License.....Five hundred dollars
Class II Dealer License....One hundred dollars
Magazine permit............Ten dollars
Blaster License............Fifty dollars
Blasting permit............Twenty-five dollars
Magazine permits and licenses are issued by the State Fire Marshal for one
calendar year beginning on January first and ending on December thirty-first.
Blasting permits must be issued for the length of time necessary to complete the
blasting work.
(4) The forms for the licenses, permits, and applications are prescribed by
the State Fire Marshal and shall require such information and data as the State
Fire Marshal considers appropriate. No license or permit may be issued a person
who has been convicted for a crime of violence or of any crime punishable by a
term of imprisonment exceeding two years.
(5) No license or permit is required for persons exploding or effecting the
explosion of explosive materials working under the immediate and personal
supervision and control of a person holding a valid blasters permit.
Agricultural users of explosives or explosive materials are exempt from the
license or permit provision of this act. Agricultural users of explosives or
explosive materials shall comply with all applicable provisions regarding the
sale, use, transportation, or storage of explosive materials.
(6) No license or permit may be issued by the State Fire Marshal pursuant to
an application unless it is determined that the purpose for which the applicant
seeks a permit or license falls within the purview of this act and that the
purpose is not in violation of any other laws of this State.
(7) The fees collected for the licenses and permits must be deposited in the
general fund of the State.
(8) A blaster must furnish the State Fire Marshal with liability insurance
with a company licensed to do business as a insurer in this State in an amount
not less than one million dollars to protect the public against injury. This
insurance must be continued in effect during the period of the permit.
(9) The State Fire Marshal must institute classifications of blasters for the
purpose of insuring adequate skill, knowledge, and experience in different types
of blasting operations. Classification will be determined by the passage of a
written examination.
License or permit required
SECTION 5. (1) No person shall possess an explosive material unless he is the
holder of a valid license or permit as required by this act and possesses the
explosive material for the purpose stated in the license or permit.
(2) The exceptions are:
(a) contract and private carriers operating in interstate and intrastate
commerce.
(b) persons possessing explosive materials while under the immediate and
personal supervision and control of a person holding a valid blaster's license
and engaged in the preparation for and in the exploding or otherwise effecting
the explosion of explosive materials. It is unlawful for any person holding a
blaster's permit to allow persons working under him to possess explosive
materials except during the time when the person is loading or unloading or
exploding or otherwise effecting the explosion of an explosive material under the
immediate and personal supervision and control of the licensed blaster.
Accurate accounts must be kept
SECTION 6. (1) Dealers must keep accurate accounts of all inventories and
sales of explosive materials including explosive materials sold and used for
agricultural purposes. All the sales must be evidenced by invoices or sales
tickets executed in quadruplicate, the dealer retaining the original and one
copy, delivering a third copy to the purchaser, and forwarding a fourth copy to
the State Fire Marshal.
(2) A carbon copy of the Explosive Transaction Record as required by the
United States Department of the Treasury -- Bureau of Alcohol, Tobacco and
Firearms and the invoices or sales tickets delivered to purchasers must bear the
name of the manufacturer or dealer and purchaser, date of sale, date-shift code,
quantity sold, use for which the explosive materials are purchased, and the
address of the purchaser.
(3) Upon the sale or delivery of any explosive materials within the State, the
selling and receiving agency of either of them shall notify the State Fire
Marshal of the sale or delivery by forwarding a copy of the bill of sale or bill
of lading to him.
(4) Dealers must retain all records of inventories, invoices, sales tickets,
and copies and make them available to any law enforcement officer of this State
and to the State Fire Marshal or his representative at such time as the State
Fire Marshal considers appropriate.
(5) A blaster must keep an accurate, written inventory of all explosive
materials possessed by him and a record of the use of explosive materials on
forms approved by the State Fire Marshal. The inventory and record of use must
be made available to any law enforcement officer of this State or to the State
Fire Marshal or his representative at such time as the State Fire Marshal
considers appropriate.
(6) Records required to be maintained under subsections (1) through (5) of
this section may not be disposed of without approval by the State Fire Marshal.
Any business which terminates its operations must turn over its records to the
State Fire Marshal.
Notice of theft
SECTION 7. Any sheriff, police department, or law enforcement officer shall
give immediate notice to the State Fire Marshal of any theft, illegal use, or
illegal possession of explosive materials and shall forward a copy of his final
written report to the State Fire Marshal. Any dealer or blaster who knows that
explosive materials in his possession have been stolen or otherwise
misappropriated shall notify immediately the nearest sheriff's office or police
department and the State Fire Marshal. Each dealer and blaster must physically
inspect all magazines at least once every seven days to insure security of all
explosive materials.
Commission to promulgate regulations
SECTION 8. The State Fire Commission shall promulgate regulations setting forth
minimum general standards covering the use, sale, handling, and storage of
explosive materials. The regulations must be in substantial conformity with
generally accepted standards of safety concerning these subject matters.
Regulations in substantial conformity with the published rules and suggested
standards of the Institute of Makers of Explosives are considered in substantial
conformity with accepted standards of safety. All procedures with regard to the
revocation, suspension, or denial of licenses and permits shall be in accordance
with the Administrative Procedures Act. The State Fire Marshal is the
enforcement authority of this act.
Civil penalty
SECTION 9. (1) After notice and an opportunity for a hearing in accordance
with the Administrative Procedures Act, the State Fire Marshal may assess a civil
penalty not to exceed one thousand dollars for each violation of this act. In
determining the amount of the penalty, the State Fire Marshal shall take into
account the nature, circumstances, extent, and gravity of the violation, the
degree of culpability, the history of previous offenses, the ability to pay, the
effect of the penalty on the ability to continue to operate, and any other matter
that justice requires.
(2) The State Fire Marshal may refer any civil penalty to the Attorney General
for collection.
(3) All civil penalties collected must be deposited in the general fund of the
State.
License or permit may be revoked, etc.
SECTION 10. (1) A license or permit may be revoked, suspended, or denied by
the State Fire Marshal because of, but not limited to:
(a) noncompliance with any order written by the State Fire Marshal.
(b) conviction of a crime of violence or of any crime punishable by a term
of imprisonment exceeding two years.
(c) advocating or knowingly belonging to any organization or group which
advocates violent overthrow of or violent action against the federal, state, or
local government.
(d) having or contracting physical or mental illness or condition that in
the judgment of the State Fire Marshal would make the use and possession of
explosive materials hazardous to the licensee or permittee and to the public.
(e) violating the terms of the license or permit or essential changes in the
condition under which the license or permit was issued without prior approval of
the State Fire Marshal.
(f) violating the provisions of this section. However, except for
violations considered an immediate threat to public safety, the State Fire
Marshal may issue a notice of noncompliance and set a time limit to achieve
immediate compliance.
(g) giving false information or making a misrepresentation to obtain a
license or permit.
(2) The State Fire Marshal may invoke suspension of a license or permit
pending disposition of a felony charge which involves the use of explosives
brought against a licensee or permittee.
Fire Marshal may confiscate, etc.
SECTION 11. (1) The State Fire Marshal or his representative has authority to
confiscate, place in storage, or dispose of explosive materials in any manner
considered appropriate to insure the safety of the public when:
(a) explosive materials are found abandoned as provided in Section 13 of
this act.
(b) explosive materials are found stored illegally and present an immediate
threat to the public safety as provided in Section 12 of this act.
(c) explosive materials are used in illegal activities.
(d) explosive materials which are found to be unsafe or unstable.
(2) The revocation or suspension of a dealer's or blaster's license or permit
shall result in the confiscation of the dealer's or blaster's explosive
materials. These explosive materials will be stored pending the disposition of
the action.
(3) All costs incurred in the confiscation or disposal of explosive materials
as provided in this section are paid by the legal owner of the confiscated
explosive materials.
Storage of explosive materials
SECTION 12. It is unlawful to store explosive materials within the boundaries
of the State unless in a properly constructed and approved magazine.
Abandonment of explosive materials
SECTION 13. It is unlawful to abandon explosive materials or blasting caps in
any field, culvert, ditch, waterway, building, or quarry in the State.
Exemption
SECTION 14. (1) Nothing contained in this act applies to the regular military
or naval forces of the United States, to the duly organized military force of any
state or territory, or to police or fire departments in this State if they are
acting within their official capacities and in the performance of their duties.
(2) Nothing contained in this act applies to the use of fireworks or to the
sale or storage of fireworks as regulated by the State Board of Pyrotechnic
Safety.
Effect on local ordinances
SECTION 15. Nothing contained in this act shall affect any existing ordinances
or regulations pertaining to explosive materials of any county or incorporated
city or town which are not less restrictive than the provisions of this act or
affect, modify, or limit the power of the county or incorporated city or town to
adopt ordinances and regulations pertaining to explosive materials within the
county or corporate limits.
Fire Marshal may employ personnel
SECTION 16. The State Fire Marshal may employ such personnel as may be
necessary to carry out the provisions of this act. The agents employed by the
State Fire Marshal shall have statewide authority, the power of arrest, and all
other powers and authority of duly certified law enforcement officers of the
State.
Penalty
SECTION 17. Any person who violates the provisions of this act is guilty of a
felony and, upon conviction, shall be punished:
(a) for the first offense, by a fine of not less than five hundred dollars nor
more than one thousand, five hundred dollars or imprisonment for not more than
five years, or both.
(b) for the second offense, by a fine of not less than one thousand, five
hundred dollars nor more than five thousand dollars and imprisonment for not less
than five years nor more than ten years.
(c) for the third offense, by a fine of not less than five thousand dollars
nor more than ten thousand dollars and imprisonment for not less than ten years
nor more than fifteen years.
(d) for any fourth or subsequent offense, by a fine of not less than seven
thousand, five hundred dollars nor more than fifteen thousand dollars and
imprisonment of not less than ten years nor more than fifteen years.
The license of any dealer or blaster is permanently revoked upon conviction for
a second offense and no license may be issued to any person whose base operation
is substantially the same as that of a person whose license has been permanently
revoked.
Time effective
SECTION 18. This act shall take effect January 1, 1987. |