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Home My WebLink About20050552.tiff PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 26, 2005 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR AMUSR-1416 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign P I Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this - day of ,� , 2005. WITNESS my hand and official seal. tt.AAY -.470 1 • BET s CI otary Public —4e 443/4 r r • ®F el;Ifl'' My Commission Expires: I C _ EXHIBIT U (0A1 ce)5 -c552, 41:11,77r—,11:74:11E-2 . ' . � § w. ( yy \ g } . e t ` %•. J . 14„,« < \ : \ © g '/....1,4.4eLritti.;,ye,„"' ((It*ht:11";1:::::,;I. \' » \ \ ° ' 2 , , . 2 © 2 . « « % @R 2§ 22§? MEMORANDUM TO:. FROMPlanning Chrs GathmanCommissioners II 4/5/2005 � COLORADO SUBJECT: Proposed Development standards for AMUSR-1416 (Stonebraker) Staff is proposing the following development standards in regards to AMUSR-1416 (Stonebraker): 3. This operation shall be limited to a total of fifteen (15) employees as outlined in the application materials. (Department of Planning Services) 4. Hours of operation shall be from 6:00 AM-7:00 PM except during the peak season (around the 4th of July Holiday) when hours of operation shall be from 6:00 AM - 10:00 PM. (Department of Planning Services) 5. Total vehicle trips shall be limited to eighty (80) during the peak season (around the 41h of July Holiday). (Department of Planning Services) EXHIBIT 6B SERVICE,TEAMWORK,INTEGRITY,QUALITY C N4eid Coin.,, r - , n„r, f April 1, 2005 R. L. McIntosh Sr. }' g��y 8335 WCR 55 v 'i. / Keenesburg,CO 80643 Weld Co. Commissioners And Weld Co. Dept. of Planning Services 918 10th Street Greeley, CO 80631 Case #: AmUSR-1416 We first corresponded with the Planning Dept. on January 16, 2003, at which time the Stonebrakers were requesting a zoning change from Agricultural to Commercial. When we appeared before the Planning Board we were assured the special use permit you granted at that time would be the final extent to which you would be granting the Stonebrakers permission to deviate from the agricultural zoning of their property. Now we are again appearing before you because the Stonebrakers want to further change the agricultural zoning of their property. It's bad enough that they want a commercial use of their property, but they are now also requesting an industrial use, in spite of the fact that every neighbor along Road 18 that is close to or adjacent to the Stonebraker property opposes the zoning change. The question we would like answered is "what long-range plans does the Planning Board have for road 18 that you continue to grant permission for zone changes in that area." When I spoke with a person in the Planning Department regarding the truck driving school, she assured me that the request for a permit would be denied because there was too much opposition to their request. Well, we all know how that turned out. The truck driving school is still there in spite of the fact that all the surrounding neighbors opposed the school being there. Now here we are again fighting to keep the agricultural zoning in effect for that area. We have a 50-acre alfalfa field that abuts the north side of 18, across the road from the Stonebraker property. This field is very difficult to work in because all the traffic on 18 causes so much dust that it makes it a health hazard to work in the field. Then, once we work under very hazardous conditions to harvest the alfalfa, we find it hard to sell it because there is so much dust in the bales that it cannot be fed to horses, and cattle people want you to reduce the price of it so much it becomes very difficult to economically raise a crop. If you continue to grant permits ^ that allow businesses to change the zoning, you need to make sure these businesses pay to have the road paved. There are semi trucks continually racing down this road from and to road 49 EXHIBIT II from I76 or road 79 which goes to Bennett. There is already too much traffic on this road. The problem is compounded when you grant permits for commercial or industrial use of properties which increases the traffic even more. There have been further developments on the Stonebraker property that need to be investigated. Since the Planning Board granted the last deviation from the Agricultural Zoning for the Stonebrakers, an oil company drilled a natural gas well that has a flame that bums continuously. Putting fireworks in the same vicinity with an open flame is begging for a disaster to happen. Please reference our first letter of January 16, 2003 as well as the issues we have stated above. We are very much opposed to this rezoning. Sincerely Robin L. and Bonnie L. McIntosh Apr-05-2005 10:22am From-I.EHAFFY BRUBAKER & ERNST LLC 3036590752 T-795 P.002/005 F-701 ® 21 North 1st Avenue,Suite 290 John R.Mehatty RnghtOn,CO S0601 Margaret 1L Brubaker,LLC Phone 303.659.0731 --Christopher M.Ernst Fax 303.659.075? MEHAFFY BRUBAKER & ERNST LLC Attorneys and Counselors at Law April 5, 2005 VIA FACSIMILE& HAND DELIVERY FOUR (4)PAGES TOTAL Mr. Chris Gatlunzn, Planner Lee Morrison, Esq. Weld County Dept. of Planning Services Weld County Attorney 918 10`h Street 915 10th Street Greeley, Colorado 80631 Greeley, Colorado 80632 Fax: 970-304-6498 Fax: 970-352-0242 Re: Stonebraker, Case No. AmUSR-1416(the `Application') Dear Mr. Gathman and Mr. Morrison: Greetings.'This office represents Weld County residents Jim and Helen Ries,Nelly and Don Morgan,Randall and Christine Curl, and other interested neighboring landowners who oppose the above-referenced Application(the"Opponents"). Pursuant to the Notice of Hearing for the above- referenced Application, the Opponents respectfully submit their comments and objections, "on or before the date of the public hearing." It is our understanding that the Applicant is requesting approval of a Site Specific Development Plan and Special Review Permit for the operation of certain display fireworks storage magazines, and the construction and operation of certain equipment and fireworks processing facilities in the A (Agricultural) Zone District. The Applicant is currently entitled to store certain explosive materials on the subject Site pursuant to an existing USR, but now seeks to expand such use to include additional staging, processing, and/or fireworks production facilities. The Opponents respectfully object,because they are very concerned about the expanded uses for several reasons, chief among them being health and safety; fire protection and emergency response; the safe handling and transportation of explosives and hazardous materials; and MI compliance by the Applicant with local,state and federal codes and regulations,which are manifold. In that regard,as far as the Opponents can tell,there has been no meaningful comment received from the Southeast Weld Fire Protection District(the"Fire District")or the Bureau of Alcohol,Tobacco and Firearms("AIF"), which agencies have jurisdiction over the Applicant's current and proposed operations, and therefore have a substantial interest in the outcome of these proceedings. Accordingly, the Opponents' first request is that these proceedings be continued for a EXHIBIT (OD Apr-05-2005 10:22am From-MEHAFFY BRUBAKER & ERNST LLC 3036590752 T-795 P 003/005 F-701 Stonebraker Am USR-1416 Letter to Weld County April 5, 2005 Page 1 reasonable period of time, until such agencies can become directly involved and have sufficient opportunity to meaningfully comment on the details of the Application. Such request is entirely consistent with the published principles of the Weld County Comprehensive Plan, Section 22-1-50 C.2.b.,which states:"The County will encourage and promote coordination and cooperation between federal,state and local government entities charged with making decisions which significantly affect land uses in unincorporated Weld County." Although the Opponents respect and appreciate that the County has referred the Application out to certain agencies,after discussions with the Fire District in particular,the Opponents question whether the District's direct participation was meaningfully "encouraged and promoted" in connection with these prceedings. Section 22-1-50 C.2.d. of the Comprehensive Plan further provides: "The County will consider recommendations from referral agencies and professionals in making recommendations on its land use applications;" and Section 22-1-50 C.2.e. states: "The County will cooperate with the applicant in evaluating the objectives of the applicant and the options available to the applicant while ensuring the health, safety and welfare of County residents." Again,based on citizen concerns related to health, safety and welfare,the Opponents hereby request that the County either deny or continue this Application, in order to receive meaningful comment from local, state and federal agencies having jurisdiction over the Site. In the alternative, the Opponents respectfully request that the County condition any approval upon the Applicant's implementation ofappropriate safeguards,and full compliance with applicable codes and regulations governing the storage, handling,processing and transportation of such explosives. It is the Opponents'position that the Application is not in compliance with the Weld County Comprehensive Plan and Zoning Ordinances. In particular, the Applicant proposes to locate C-3 Commercial and/or I-1 to I-3 Industrial uses immediately adjacent to existing Agricultural and rural residential uses. Although the Comprehensive Plan sometimes allows "low density" and "low intensity" commercial or industrial development in Agricultural areas, the Opponents submit that the proposed C-3 and 1-1 to 1-3 uses are not "low intensity" uses, either from a fire safety and hazardous materials standpoint, or from a safe handling, transportation and local traffic and safety standpoint. It is the Opponents' position that Agricultural and rural residential uses predominate in the area,and that the new uses proposed by the Applicant are substantially different and much more intense (not to mention inherently dangerous), and are therefore incompatible. The Opponents also submit that the Commercial and Industrial uses proposed by the Applicant are inconsistent with the Comprehensive Plan,in part because they are not directly related to agriculture, and as such, may not and should not be accommodated in the Agricultural zone district. See, e.g.;Comprehensive Plan, Sections 22-1-50113. b.: "Industrial development that is not directly related to agriculture is intended to be located inside municipalities or in areas that can support the activity with adequate services and facilities;" and c.: "Commercial uses will be Apr-05-2005 10:23am From-MEHAFFY BRUBAKER & ERNST LLC 3036590752 T-795 P.004/005 F-701 Stonebraker Am USR-1416 Letter to Weld County April 5, 2005 Page 3 encouraged when located inside urban areas or where support for such uses is currently available or reasonably obtainable." In addition, Sections 22-1-50 D.3. a.(1) and (2) of the Comprehensive Pan state that: (1) "Conversion of agricultural lands to urban uses will be considered only in areas in or around existing municipalities or in other areas where adequate facilities such as roads, sanitary sewer, water, etc., and adequate services such as fire protection, police, etc. are currently available or readily obtainable;"and(2)"Conversion of agricultural lands to nonurban uses will be accommodated only in areas that can support such development with adequate facilities and services." In that manner,the Weld County ComprehensivePlanmandates that adequate public services must be in place or readily obtainable at the Site, in order to support the proposed Commercial or Industrial development. Section 22-3-40 of the Comprehensive Plan outlines the general requirements for such public facilities and services, and specifically addresses the availability of adequate water, sewer, transportation, fire protection and law enforcement. It is the Opponents' position that there are inadequate services available to support the proposed Commercial/Industrial uses,including most notably insufficient water,fire protection,law enforcement,transportation,and emergency response services. The facilities and services currently in place in are minimal and Agriculturally based,and as far as the Opponents can tell,the Applicant is not proposing to furnish any additional services. The facilities and services that are available do not in the Opponents' view adequately support the development and operation of a Commercial/Industrial fireworks staging facility,where explosives and other hazardous materials will be collected, assembled, processed and shipped. Along these lines, for example, it is the Opponents' information that the nearest available fire hydrant is miles away,and that the Fire District will not provide fire suppression services in the event of an explosion or fire. Also along these lines, the Opponents respectfully submit that the Applicant's one (1) commercial well permit,yielding approximately one-third of an acre foot of domestic water per year, will he insufficient to provide adequate fire suppression water in the event of an explosion or fire at the Site,which could be catastrophic. It is also the Opponents'information that the square footage ofthe proposed new warehouse buildings would require the installation of fire sprinkler systems and additional safeguards required by applicable Building and Fire Codes. Regarding safe handling and transportation of explosives and other hazardous materials(both on and off Site), the Opponents are aware that the Applicant's transportation of such materials is governed by the U.S.Department of Transportation ("USDOT"), and that the Applicant has in the past faithfully obtained valid USDOT Permit(s) for such transportation. However, it is undisputed that the proposed new facilities will generate increased daily vehicle trips, and the Opponents are Apr-05-2005 10:23am From-LEHAFFY BRUBAKER & ERNST LLC 3036590752 T-795 P.005/005 F-701 Stonebraker Am USR-1416 Letter to Weld County April 5, 2005 Page 4 understandably concerned that the more frequent transport of additional explosives and related hazardous materials must not jeopardize the safety of regular neighborhood traffic,including school buses and police, fire and emergency response vehicles along Weld County Road 18. The Opponents therefore suggest that the Applicant's more frequent handling and transport of additional explosives and hazardous materials, if any, should be carefully restricted along pre- ordained routes atpre-determined times,and in accordance with all applicable local,state and federal laws and regulations, so as to avoid conflict with local traffic to the greatest extent possible and provide adequate safeguards for the surrounding neighborhood. In closing, the Opponents believe that the Applicant lawfully operates another fireworks processing Site(nearDacono),which is already approved for the uses requested by this Application. If that is the case,then the Opponents request a clear explanation from the Applicant as to why it is commercially reasonable or legally necessary to impose new Commercial and Industrial uses upon the existing rural residential and Agricultural uses near this Site. In addition,the Opponents request clarification as to the proper licensing and permitting for the Applicant and this Site, and whether additional state of federal licenses or permits are required for the new operations at the Site. Finally, the Opponents believe that the County should be aware of•, and enforce, the many state and federal,laws and regulations which apply to the storage, handling, processing and transportation of fireworks and related hazardous materials. In particular,the ATF and USDOT have adopted extensive regulations in the Code ofFederal Regulations("CFR"),and the State of Colorado has adopted similar laws and regulations in the Colorado Revised Statues ("CRS"), the Colorado Code of Regulations ("CCR"), and uniform Building and Fire Codes, including but not limited to the National Fire Protection Association("NFPA")Codes,and in particular,NFPA 1124: Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles ("NFPA 1124"), which in the Opponents' view apply to this Application. Based on the foregoing, and because(under the Zoning Ordinance, Section 23-2-220) the Applicant has the burden of demonstrating that the Application is consistent with the Comprehensive Plan and Zoning Ordinance;is compatible with surrounding rural residential and Agricultural uses; and contains adequate provisions to protect the health, safety and welfare of the neighborhood and County, the Opponents respectfully submit that the Application should be continued or denied. Thank you for your consideration. V ly yours, FY BR &ERNST, LLC Christopher M. s MAR. -30' 051WE0) 14 : 08 TOWN OF HUDSON. COLORADO TEL: 303 536 4753 P. 001 • • 4$Ktit Weld County Referral ' November 1, 2004 • C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William &Ann Stonebraker Case Number ArnUSR-1416 Please Reply By November 29, 2004 Planner Chris Gathman Project A Site Specific Development Plan and Special Review Permit for a Use by Right, Accessory Use or Use by Special Review In the Commercial or Industrial Zone District (Display Fireworks Storage and fireworks equipment staging facility along with an office) in the A (Agricultural)Zone District • Legal Lot B of RE-3589; Pt of the NE4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18; Y mile east of CR 53. Parcel Number 1305 28 100033 I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) January 18, 2005 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. D See attached letter. rnmmant • Signature 7 /ypCj % Date Agency /'/ 'oA P/cnnm y' • EXHIBIT CWeld County Planning Dept. +o918 10'^Street, Greeley,CO, 00631 t(970)353.5100 ext.3540 ((970)30484 §555.41 27 CFR Ch. II (4-1-03 Edition) the document. Upon receipt of the re- obtained for each business premises at port, the Director will make such in- which the applicant is to manufacture, vestigation as appears appropriate and import, or distribute explosive mate- may issue a duplicate document upon rials except under the following cir- such conditions as the circumstances cumstances: warrant. (i) A separate license will not be re- (Approved by the Office of Management and quired for storage facilities operated Budget under control number 1140-0077) by the licensee as an integral part of [ATF No.1,68 FR 13783,Mar.20,2003] one business premises or to cover a lo- cation used by the licensee solely for Subpart D—Licenses and Permits maintaining the records required by this part. §555.41 General. (ii) A separate license will not be re- (a) Licenses and permits issued prior to quired of a licensed manufacturer with May 24, 2003. (1) Each person intending respect to his on-site manufacturing. to engage in business as an importer or (iii) It will not be necessary for a Ii- manufacturer of, or a dealer in, explo- censed importer or a licensed manufac- sive materials, including black powder, turer (for purposes of sale or distribu- must, before commencing business, ob- tion)to also obtain a dealer's license in tam the license required by this sub- order to engage in business on his li- part for the business to be operated. censed premises as a dealer in explo- Each person who intends to acquire for sive materials. use explosive materials from a licensee (iv) A separate license will not be re- in a State other than the State in quired of licensed manufacturers with which he resides, or from a foreign respect to their on-site manufacture of country, or who intends to transport theatrical flash powder. explosive materials in interstate or (3) Except as provided in paragraph foreign commerce, must obtain a per- (a)(1) of this section, each person in- mit under this subpart; except that it tending to acquire explosive materials is not necessary to obtain a permit if from a licensee in a State other than a the user intends to lawfully purchase: State in which he resides, or from a (i) Explosive materials from a Ii- foreign country, or who intends to censee in a State contiguous to the transport explosive materials in inter- user's State of residence and the user's state or foreign commerce, must file an State of residence has enacted legisla- application, with the required fee (see tion, currently in force, specifically au- §555.43), with ATF in accordance with thorizing a resident of that State to the instructions on the form (see purchase explosive materials in a con- §555.45). A permit will, subject to law, tiguous State; or (H) Commercially manufactured entitle the permittee to acquire, trans- black powder in quantities not to ex- port, ship, and receive in interstate or ceed 50 pounds, intended to be used foreign commerce explosive materials solely for sporting,recreational, or cul- of the class authorized by this permit. tural purposes in antique firearms or in Only one permit is required under this antique devices. part. (2) Each person intending to engage (b) Licenses and permits issued on and in business as an explosive materials after May 24, 2003. (1) In general. (i) importer, manufacturer, or dealer must Each person intending to engage in file an application, with the required business as an importer or manufac- fee (see §555.42), with ATF in accord- turer of, or a dealer in, explosive mate- ance with the instructions on the form rials, including black powder, must, be- (see §555.45). A license will, subject to fore commencing business, obtain the law, entitle the licensee to transport, license required by this subpart for the ship, and receive explosive materials in business to be operated. interstate or foreign commerce, and to (ii) Each person who intends to ac- engage in the business specified by the quire for use explosive materials with- license, at the location described on in the State in which he resides on no the license. A separate license must be more than 6 separate occasions during 212 Bureau of Alcohol, Tobacco, Firearms, and Explosives,Justice §555.42 the 12-month period in which the per- order to engage in business on his li- mit is valid must obtain a limited per- censed premises as a dealer in explo- mit under this subpart. (See §555.105(b) sive materials. No licensee will be re- for definition of "6 separate occa- quired to obtain a user permit to law- sions.") fully transport, ship, or receive explo- (iii) Each person who intends to ac- sive materials in interstate or foreign quire for use explosive materials from commerce. a licensee or permittee in a State other (iv) A separate license will not be re- than the State in which he resides, or quired of licensed manufacturers with from a foreign country, or who intends respect to their on-site manufacture of to transport explosive materials in theatrical flash powder. interstate or foreign commerce, or who (3) Users of explosive materials. (i) A intends to acquire for use explosive limited permit will, subject to law, en- materials within the State in which he title the holder of such permit to re- resides on more than 6 separate occa- ceive for his use explosive materials sions during a 12-month period, must from a licensee or permittee in his obtain a user permit under this sub- state of residence on no more than 6 part. separate occasions during the 12-month (iv) It is not necessary to obtain a period in which the permit is valid. A permit if the user intends only to law- limited permit does not authorize the fully purchase commercially manufac- receipt or transportation of explosive tured black powder in quantities not to materials in interstate or foreign com- exceed 50 pounds, intended to be used merce. Holders of limited permits who solely for sporting, recreational, or cul- need to receive explosive materials on tural purposes in antique firearms or in more than 6 separate occasions during antique devices. a 12-month period must obtain a user (2) Importers, manufacturers, and deal- permit in accordance with this subpart. ers. Each person intending to engage in (ii) Each person intending to acquire business as an explosive materials im- explosive materials from a licensee in a porter, manufacturer, or dealer must State other than a State in which he file an application, with the required resides, or from a foreign country, or fee (see §555.42), with ATF in accord- who intends to transport explosive ma- ance with the instructions on the form terials in interstate or foreign com- (see §555.45). A license will, subject to merce, must file an application for a law, entitle the licensee to transport, user permit, with the required fee (see ship, and receive explosive materials in §555.43), with ATF in accordance with interstate or foreign commerce, and to the instructions on the form (see engage in the business specified by the §555,45). A user permit will, subject to license, at the location described on law, entitle the permittee to transport, the license. A separate license must be ship, and receive in interstate or for- obtained for each business premises at eign commerce explosive materials of which the applicant is to manufacture, the class authorized by this permit. import, or distribute explosive mate- Only one user permit per person is re- rials except under the following cir- quired under this part, irrespective of cumstances: the number of locations relating to ex- (i) A separate license will not be re- plosive materials operated by the hold- quired for storage facilities operated er of the user permit. by the licensee as an integral part of (Approved by the Office of Management and one business premises or to cover a lo- Budget under control number 1140-0083) cation used by the licensee solely for maintaining the records required by [ATF No.1,68 FR 13783,Mar.20,2003] this part. (H) A separate license will not be re- §555.42 License fees. quired of a licensed manufacturer with (a) Each applicant shall pay a fee for respect to his on-site manufacturing. obtaining a three year license, a sepa- (iii) It will not be necessary for a li- rate fee being required for each busi- censed importer or a licensed manufac- ness premises, as follows: turer (for purposes of sale or distribu- (1)Manufacturer—$200. tion) to also obtain a dealer's license in (2)Importer—$200. 213 §555.183 27 CFR Ch. 11 (4-1-03 Edition) an integral part of such military de- importer, upon request, to the Three- vice, or is intended to be, or is incor- tor. porated in, and remains an integral part of a military device that is in- (Paragraph (a) approved by the Office of Management and Budget under control num- tended to become, or has become, the her 1512-0539) property of any agency of the United States performing military or police [T.D.ATF-387,62 FR 8378, Feb.25,1997] functions (including any military re- §555.185 Criminal sanctions. serve component) or the National Guard of any State, wherever such de- Any person who violates the provi- vice is located. For purposes of this sions of 18 U.S.C. 842(1)—(0) shall be paragraph, the term "military device" fined under title 18, U.S.C., imprisoned includes, but is not restricted to, for not more than 10 years, or both. shells, bombs, projectiles, mines, mis- [T.D.ATF-387,62 FR 8378,Feb.25,1997] siles, rockets, shaped charges, gre- nades, perforators, and similar devices §555.186 Seizure or forfeiture. lawfully manufactured exclusively for Any plastic explosive that does not military or police purposes, contain a detection agent in violation [T.D.ATF-387,62 FR 8377, Feb.25,1997] of 18 U.S.C. 842(l)—(n) is subject to sei- zure and forfeiture, and all provisions §555.183 Importation of plastic explo- of 19 U.S.C. 1595a, relating to seizure, sives on or after April 24, 1997. forfeiture, and disposition of merchan- filing Form 6 applications dise introduced or attempted to be in- Persons troduced into the U.S. contrary to law, for the importation of plastic explo- shall extend to seizures and forfeitures sives on or after April 24, 1997, shall at- under this subpart. See §72.27 of this tach to the application the following chapter for regulations on summary written statement, prepared in trip- destruction of plastic explosives that licate, executed under the penalties of do not contain a detection agent. perjury: (a) "I declare under the penalties of [T.D.ATF-387,62 FR 8378, Feb.25, 1997] perjury that the plastic explosive to be E Subpart K—Storage contains a detection agent as P 9 required by 27 CFR 555.180(b)"; or *555.201 General. (b) "I declare under the penalties of perjury that the plastic explosive to be (a) Section 842(j) of the Act and imported is a "small amount" to be §555.29 of this part require that the used for research, training, or testing storage of explosive materials by any purposes and is exempt from the detec- person must be in accordance with the tion agent requirement pursuant to 27 regulations in this part. Further, sec- CFR 555.182." tion 846 of this Act authorizes regula- tions to prevent the recurrence of acci- [T.D.ATF-387,62 FR 8377,Feb.25,1997] dental explosions in which explosive materials were involved. The storage §555.184 Statements of process and standards prescribed by this subpart samples. confer no right or privileges to store (a) A complete and accurate state- explosive materials in a manner con- ment of process with regard to any trary to State or local law. plastic explosive or to any detection (b)The Director may authorize alter- agent that is to be introduced into a nate construction for explosives stor- plastic explosive or formulated in such age magazines when it is shown that plastic explosive shall be submitted by the alternate magazine construction is a licensed manufacturer or licensed im- substantially equivalent to the stand- porter, upon request, to the Director. ards of safety and security contained in (b) Samples of any plastic explosive this subpart. Any alternate explosive or detection agent shall be submitted magazine construction approved by the Director prior to August 9, 1982, will by a licensed manufacturer or licensed continue as approved unless notified in 246 Bureau of Alcohol,Tobacco, Firearms, and Explosives,Justice §555.203 writing by the Director. Any person in- (a) High explosives. Explosive mate- tending to use alternate magazine con- rials which can be caused to detonate struction shall submit a letter applica- by means of a blasting cap when tion to the regional director (compli- unconfined, (for example, dynamite, ance) for transmittal to the Director, flash powders, and bulk salutes). See specifically describing the proposed also§555.201(e). magazine. Explosive materials may not (b) Low explosives. Explosive mate- be stored in alternate magazines before rials which can be caused to deflagrate the applicant has been notified that when confined (for example,black pow- the application has been approved. der, safety fuses, igniters, igniter (c) A licensee or permittee who in- cords, fuse lighters, and "display fire- tends to make changes in his maga- works" classified as UN0333, UN0334, or zines, or who intends to construct or UN0335 by the U.S. Department of acquire additional magazines, shall Transportation regulations at 49 CFR comply with§555.63. 172.101, except for bulk salutes). (d) The regulations set forth in (c) Blasting agents. (For example, am- H 555.221 through 555.224 pertain to the monium nitrate-fuel oil and certain storage of display fireworks, pyro- water-gels(see also§555.11). technic compositions, and explosive materials used in assembling fireworks [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as and articles pyrotechnic. amended by T.D. ATF-293,55 FR 3722, Feb.5, (e) The provisions of §555.202(x) 1990;T.D.ATF-400, 63 FR 45003, Aug. 24, 1998] classifying flash powder and bulk sa- lutes as high explosives are mandatory §555.203 Types of magazines. after March 7, 1990: Provided, that those For purposes of this part, there are persons who hold licenses or permits five types of magazines. These types, under this part on that date shall, with together with the classes of explosive respect to the premises covered by such materials, as defined in §555.202, which licenses or permits, comply with the will be stored in them, are as follows: high explosives storage requirements (a) Type 1 magazines. Permanent mag- for flash powder and bulk salutes by azines for the storage of high explo- March 7, 1991. sives, subject to the limitations pre- (f) Any person who stores explosive scribed by §§555.206 and 555.213. Other materials shall notify the authority classes of explosive materials may also having jurisdiction for fire safety in be stored in type 1 magazines. the locality in which the explosive ma- (b) Type 2 magazines. Mobile and port- terials are being stored of the type, able indoor and outdoor magazines for magazine capacity, and location of the storage of high explosives, subject each site where such explosive mate- to the limitations prescribed by rials are stored. Such notification shall §§555.206, 555.208(b), and 555.213. Other be made orally before the end of the classes of explosive materials may also day on which storage of the explosive be stored in type 2 magazines. materials commenced and in writing (c) Type 3 magazines. Portable out- within 48 hours from the time such door magazines for the temporary stor- storage commenced. age of high explosives while attended (Paragraph(f)approved by the Office of Man- (for example, a "day-box"), subject to agement and Budget under control number the limitations prescribed by §§555.206 1512-0536) and 555.213. Other classes of explosives [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as materials may also be stored in type 3 amended by T.D. ATF-293,55 FR 3722, Feb.5, magazines. 1990;T.D.ATF-100, 63 FR 45003,Aug. 24, 1998] (d) Type 4 magazines. Magazines for the storage of low explosives, subject §555.202 Classes of explosive mate- to the limitations prescribed by rials. §§555.206(b), 555.210(b), and 555.213. For purposes of this part, there are Blasting agents may be stored in type three classes of explosive materials. 4 magazines, subject to the limitations These classes, together with the de- prescribed by §§555.206(c), 555.211(b), scription of explosive materials com- and 555.213. Detonators that will not prising each class,are as follows: mass detonate may also be stored in 247 §555.204 27 CFR Ch. II (4-1-03 Edition) type 4 magazines, subject to the limita- (c)(1) Outdoor magazines in which tions prescribed by §§555.205(a), blasting agents in quantities of more 555.210(b), and 555.213. than 50 pounds are stored must be lo- (e) Type 5 magazines. Magazines for cated no closer to inhabited buildings, the storage of blasting agents, subject passenger railways, or public highways to the limitations prescribed by than the minimum distances specified §§555.206(c), 555.211(b), and 555.213. in the table of distances for storage of explosive materials in§555.218. §555.204 Inspection of magazines. (2)Ammonium nitrate and magazines Any person storing explosive mate- in which blasting agents are stored rials shall inspect his magazines at must be located no closer to magazines least every seven days. This inspection in which high explosives or other blast- need not be an inventory, but must be ing agents are stored than the min- sufficient to determine whether there imum distances specified in the table has been unauthorized entry or at- of distances for the separation of am- tempted entry into the magazines, or monium nitrate and blasting agents in unauthorized removal of the contents §555.220. However, the minimum dis- of the magazines. tances for magazines in which explo- sives and blasting agents are stored §555.205 Movement of explosive mate- from inhabited buildings, etc., may not rials. be less than the distances specified in All explosive materials must be kept the table of distances for storage of ex- in locked magazines meeting the plosives materials in§555.218. standards in this subpart unless they [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as are: amended by T.D. ATF-293, 55 FR 3722, Feb.5, (a)In the process of manufacture; 1990;T.D. ATF-400, 63 FR 45003,Aug.24, 1998] (b) Being physically handled in the §555.207 Construction oft e 1 ma a- operating process of a licensee or user; zines. g (c) Being used; or A type 1 magazine is a permanent (d) Being transported to a place of structure: a building, an igloo or storage or use by a licensee or per- "Army-type structure", a tunnel, or a mittee or by a person who has lawfully dugout. It is to be bullet-resistant, fire- acquired explosive materials under resistant, weather-resistant, theft-re- §555.106. sistant,and ventilated. *555.206 Location of magazines. (a) Buildings. All building type maga- zines are to be constructed of masonry, (a) Outdoor magazines in which high wood, metal, or a combination of these explosives are stored must be located materials, and have no openings except no closer to inhabited buildings, pas- for entrances and ventilation. The senger railways, public highways, or ground around building magazines other magazines in which high explo- must slope away for drainage or other sives are stored, than the minimum adequate drainage provided. distances specified in the table of dis- (1) Masonry wall construction. Ma- tances for storage of explosive mate- sonry wall construction is to consist of rials in§555.218. brick, concrete, tile, cement block, or (b) Outdoor magazines in which low cinder block and be not less than 6 explosives are stored must be located inches in thickness. Hollow masonry no closer to inhibited buildings, pas- units used in construction must have senger railways, public highways, or all hollow spaces filled with well- other magazines in which explosive tamped, coarse, dry sand or weak con- materials are stored, than the min- crete (at least a mixture of one part ce- imum distances specified in the table ment and eight parts of sand with of distances for storage of low explo- enough water to dampen the mixture sives in §555.219, except that the table while tamping in place). Interior walls of distances in §555.224 shall apply to are to be constructed of, or covered the storage of display fireworks. The with, a nonsparking material. distances shown in §555.219 may not be (2) Fabricated metal wall construction. reduced by the presence of barricades. Metal wall construction is to consist of 248 Bureau of Alcohol,Tobacco, Firearms,and Explosives, Justice §555.207 sectional sheets of steel or aluminum with four inches of hardwood. (For not less than number 14-gauge, se- each additional 3/,6 inch of plate steel, curely fastened to a metal framework. the hardwood lining may be decreased Metal wall construction is either lined one inch.) inside with brick, solid cement blocks, (8) Doors. All doors are to be con- hardwood not less than four inches structed of not less than V4 inch plate thick, or will have at least a six inch steel and lined with at least two inches sand fill between interior and exterior of hardwood. Hinges and hasps are to walls. Interior walls are to be con- be attached to the doors by welding, structed of, or covered with, a non- riveting or bolting (nuts on inside of sparking material. door). They are to be installed in such (3) Wood frame wall construction. The a manner that the hinges and hasps exterior of outer wood walls is to be cannot be removed when the doors are covered with iron or aluminum not less closed and locked. than number 26-gauge. An inner wall of, or covered with nonsparking mate- (9) Locks. mortise oh door is ; be equipped pad- rial will be constructed so as to provide with(i) n locks; (ii)two p a space of not less than six inches be- lock fastened in separate hasps and tween the outer and inner walls. The cockles; (iii)a combination of a mortise lock and a padlock; space is to be filled with coarse, dry (iv) a to open; or(v)mortise lock that requires two keysa sand or weak concrete. three-point lock. Padlocks must have (4) Floors. Floors are to be con- case- structed of, or covered with, a non- hardened shackle of at least 3/3 inch di- at least five tumblers and a sparking material and shall be strong with n. Padlocks must be protected enough to bear the weight of the max- imam quantity to be stored. Use of pal- with not less than '/4 inch steel hoods lets covered with a nonsparking mate- constructed so as to prevent sawing or rial is considered equivalent to a floor lever action on the locks, hasps, and constructed of or covered with a non- staples. These requirements do not sparking material. apply to magazine doors that are ade- (5) Foundations. Foundations are to quately secured on the inside by means be constructed of brick, concrete, ce- of a bolt, lock, or bar that cannot be ment block, stone, or wood posts. If actuated from the outside. piers or posts are used, in lieu of a con- (10) Ventilation. Ventilation is to be tinuous foundation, the space under provided to prevent dampness and the buildings is to be enclosed with heating of stored explosive materials. metal. Ventilation openings must be screened (6) Roof. Except for buildings with to prevent the entrance of sparks. Ven- fabricated metal roofs, the outer roof is tilation openings in side walls and to be covered with no less than number foundations must be offset or shielded 26-guage iron or aluminum, fastened to for bullet-resistant purposes. Maga- at least 7/e inch sheathing. tines having foundation and roof ven- (7) Bullet-resistant ceilings or roofs. tilators with the air circulating be- Where it is possible for a bullet to be tween the side walls and the floors and fired directly through the roof and into between the side walls and the ceiling the magazine at such an angle that the must have a wooden lattice lining or bullet would strike the explosives with- equivalent to prevent the packages of in, the magazine is to be protected by explosive materials from being stacked one of the following methods: against the side walls and blocking the (i) A sand tray lined with a layer of air circulation. building paper, plastic, or other non- (11) Exposed metal. No sparking mate- porous material, and filled with not rial is to be exposed to contact with less than four inches of coarse, dry the stored explosive materials. All fer- sand, and located at the tops of inner rous metal nails in the floor and side walls covering the entire ceiling area, walls, which might be exposed to con- except that portion necessary for ven- tact with explosive materials, must be tilation. blind nailed, countersunk, or covered (ii) A fabricated metal roof con- with a nonsparking lattice work or structed of 3/18-inch plate steel lined other nonsparking material. 249 §555.208 27 CFR Ch. 11 (4-1-03 Edition) (b) Igloos, "Army-type structures", tun- at least five tumblers and a case-hard- nels, and dugouts. Igloo, "Army-type ened shackle of at least a -inch diame- structure", tunnel, and dugout maga- ter. Padlocks must be protected with zines are to be constructed of rein- not less than 1/4-inch steel hoods con- forced concrete, masonry, metal, or a structed so as to prevent sawing or combination of these materials. They lever action on the locks, hasps, and must have an earthmound covering of staples. These requirements do not not less than 24 inches on the top, sides apply to magazine doors that are ade- and rear unless the magazine meets the quately secured on the inside by means requirements of paragraph (a)(7) of this of a bolt, lock, or bar that cannot be section. Interior walls and floors must actuated from the outside. be constructed of, or covered with, a (b) Indoor magazines--(1) General. In- nonsparking material. Magazines of door magazines are to be fire-resistant this type are also to be constructed in and theft-resistant. They need not be conformity with the requirements of bullet-resistant and weather-resistant paragraph (a)(4) and paragraphs (a)(8) if the buildings in which they are through(11)of this section. stored provide protection from the weather and from bullet penetration. §555.208 Construction of type 2 maga- No indoor magazine is to be located in zines. a residence or dwelling. The indoor A type 2 magazine is a box, trailer, storage of high explosives must not ex- semitrailer,or other mobile facility. ceed a quantity of 50 pounds. More (a) Outdoor magazines—(1) General. than one indoor magazine may be lo- Outdoor magazines are to be bullet-re- cated in the same building if the total sistant, fire-resistant, weather-resist- quantity of explosive materials stored ant, theft-resistant, and ventilated. does not exceed 50 pounds. Detonators They are to be supported to prevent di- must be stored in a separate magazine rect contact with the ground and, if (except as provided in §555.2].3) and the less than one cubic yard in size, must total quantity of detonators must not be securely fastened to a fixed object. exceed 5,000. The ground around outdoor magazines (2) Exterior construction. Indoor maga- must slope away for drainage or other zines are to be constructed of wood or adequate drainage provided. When un- metal according to one of the following attended, vehicular magazines must specifications: have wheels removed or otherwise ef- (i) Wood indoor magazines are to fectively immobiliized by kingpin lock- have sides, bottoms and doors con- ing devices or other methods approved structed of at least two inches of hard- by the Director. wood and are to be well braced at the (2) Exterior construction. The exterior corners. They are to be covered with and doors are to be constructed of not sheet metal of not less than number 26- less than 1/4-inch steel and lined with at gauge (.0179 inches). Nails exposed to least two inches of hardwood. Maga- the interior of magazines must be zines with top openings will have lids countersunk. with water-resistant seals or which (ii) Metal indoor magazines are to overlap the sides by at least one inch have sides, bottoms and doors con- when in a closed position. structed of not less than number 12- (3)Hinges and hasps. Hinges and hasps gauge (.1046 inches) metal and be lined are to be attached to doors by welding, inside with a nonsparking material. riveting, or bolting (nuts on inside of Edges of metal covers must overlap door). Hinges and hasps must be in- sides at least one inch. stalled so that they cannot be removed (3)Hinges and hasps. Hinges and hasps when the doors are closed and locked. are to be attached to doors by welding, (4) Locks. Each door is to be equipped riveting, or bolting (nuts on inside of with (i) two mortise locks; (ii) two pad- door). Hinges and hasps must be in- locks fastened in separate hasps and stalled so that they cannot be removed staples; (iii)a combination of a mortise when the doors are closed and locked. lock and a padlock; (iv) a mortise lock (4) Locks. Each door is to be equipped that requires two keys to open; or(v) a with(i)two mortise locks; (ii)two pad- three-point lock. Padlocks must have locks fastened in separate hasps and 250 Bureau of Alcohol,Tobacco, Firearms, and Explosives, Justice §555.210 staples; (iii)a combination of a mortise and must be removed to type 1 or 2 lock and a padlock; (iv) a mortise lock magazines for unattended storage. that requires two keys to open; or (v) a three-point lock. Padlocks must have 4555.210 Construction of type 4 maga- at least five tumblers and a case-hard- z'nes' ened shackle of at least 3/4-inch diame- A type 4 magazine is a building, igloo ter. Padlocks must be protected with or "Army-type structure", tunnel, dug- not less than '/a-inch steel hoods con- out, box, trailer, or a semitrailer or structed so as to prevent sawing or other mobile magazine. lever action on the locks, hasps, and (a) Outdoor magazines—(1) General. staples. Indoor magazines located in se- Outdoor magazines are to be fire-resist- cure rooms that are locked as provided ant, weather-resistant, and theft-re- in this subparagraph may have each sistant. The ground around outdoor door locked with one steel padlock magazines must slope away for drain- (which need not be protected by a steel age or other adequate drainage be pro- hood)having at least five tumblers and vided. When unattended, vehicular a case-hardened shackle of at least 3/e- magazines must have wheels removed inch diameter, if the door hinges and or otherwise be effectively immobilized lock hasp are securely fastened to the by kingpin locking devices or other magazine. These requirements do not methods approved by the Director. apply to magazine doors that are ade- (2) Construction. Outdoor magazines quately secured on the inside by means are to be constructed of masonry, of a bolt, lock, or bar that cannot be metal-covered wood, fabricated metal, actuated from the outside. or a combination of these materials. (c) Detonator boxes. Magazines for Foundations are to be constructed of detonators in quantities of 100 or less brick, concrete, cement block, stone, are to have sides, bottoms and doors or metal or wood posts. If piers or posts foun- constructed of not less than number 12- are used, in lieu of a continuous gauge (.1046 inches) metal and lined dation, the space under the building is a n046 inches) king material. Hinges to be enclosed with fire-resistant mate- withcon- and hasps must be attached so they structedral. The of,walls and vexedoors are , be non- cannot be removed from the outside. of, er covered with, a One steel padlock (which need not be sparking material or lattice work. The doors must be metal or solid wood cov- protected by a steel hood) having at exec)with metal. least five tumblers and a case-hardened shackle of at least 3/e-inch diameter is are Hinges and edsto doorsH by s and hasps to i , lti to y welding, sufficient for locking purposes. riveting, or bolting (nuts on inside of 4555.209 Construction of type 3 maga- door). Hinges and hasps must be in- zinea. stalled so that they cannot be removed when the doors are closed and locked. A type 3 magazine is a "day-box" or other portable magazine. It must be (4) Locks. mortise o door is to i(ii)two pad- fire-resistant, g locks k(if two ra two weather-resistant, and fastened in separate hasps and theft-resistant. A type 3 magazine is to staples; (iii)a combination of a mortise be constructed of not less than number lock and a padlock; (iv) a mortise lock 12-gauge (.1046 inches) steel, lined with that requires two keys to open; or (v) a at least either '/s-inch plywood or 1- three-point lock. Padlocks must have inch Masonite-type hardboard. Doors at least five tumblers and case-hard- must overlap sides by at least one inch. ened shackle of at least 3/3 inch diame- Hinges and hasps are to be attached by ter. Padlocks must be protected with welding, riveting or bolting (nuts on not less than '/a inch steel hoods con- inside). One steel padlock (which need structed so as to prevent sawing or not be protected by a steel hood) hay- lever action on the locks, hasps, and ing at least five tumblers and a case- staples. These requirements do not hardened shackle of at least 3/3-inch di- apply to magazine doors that are ade- ameter is sufficient for locking pur- quately secured on the inside by means poses. Explosive materials are not to of a bolt, lock, or bar that cannot be be left unattended in type 3 magazines actuated from the outside. 251 §555.211 27 CFR Ch. 11 (4-1-03 Edition) (b) Indoor magazine—(1) General. In- §555.211 Construction of type 5 maga- door magazines are to be fire-resistant zines. and theft-resistant. They need not be A type 5 magazine is a building, igloo weather-resistant if the buildings in or"Army-type structure", tunnel, dug- which they are stored provide protec- out, bin, box, trailer, or a semitrailer tion from the weather. No indoor mag- or other mobile facility. azine is to be located in a residence or dwelling. The indoor storage of low ex- (a) Outdoor magazines—(1) General. plosives must not exceed a quantity of resistant and theft-resistant. The Outdoor magazines are to be weather- 50 pounds. More than one indoor maga- tine may be located in the same build- ground around magazines must slope ing if the total quantity of explosive away for drainage or other adequate materials stored does not exceed 50 drainage be provided. When unat- pounds. Detonators that will not mass tended, vehicular magazines must have detonate must be stored in a separate wheels removed or otherwise be effec- magazine and the total number of elec- lively immobilized by kingpin locking tric detonators must not exceed 5,000. devices or other methods approved by (2) Construction. Indoor magazines are the Director. to be constructed of masonry, metal- (2) Construction. The doors are to be covered wood, fabricated metal, or a constructed of solid wood or metal. combination of these materials. The (3)Hinges and hasps. Hinges and hasps walls and floors are to be constructed are to be attached to doors by welding, of, or covered with, a nonsparking ma- riveting, or bolting (nuts on inside of terial. The doors must be metal or door). Hinges and hasps must be in- solid wood covered with metal. stalled so that they cannot be removed (3)Hinges and hasps. Hinges and hasps when the doors are closed and locked. are to be attached to doors by welding, (4) Locks. Each door is to be equipped riveting, or bolting (nuts on inside of with (i) two mortise locks; (H)two pad- door). Hinges and hasps must be in- locks fastened in separate hasps and stalled so that they cannot be removed staples; (iii)a combination of a mortise when the doors are closed and locked. lock and a padlock; (iv) a mortise lock (4) Locks. Each door is to be equipped that requires two keys to open; or(v)a with(i)two mortise locks; (H)two pad- three-point lock. Padlocks must have locks fastened in separate hasps and at least five tumblers and a case-hard- staples; (iii)a combination of a mortise ened shackle of at least a/u inch diame- lock and padlock; (iv) a mortise lock ter. Padlocks must be protected with that requires two keys to open; or (v)a not less than 1/4 inch steel hoods con- three-point lock. Padlocks must have structed so as to prevent sawing or at least five tumblers and a case-hard- lever action on the locks, hasps, and ened shackle of at least '/e inch diame- staples. Trailers, semitrailers, and ter. Padlocks must be protected with similar vehicular magazines may, for not less than i/4 inch steel hoods con- each door, be locked with one steel structed so as to prevent sawing or padlock (which need not be protected lever action on the locks, hasps, and by a steel hood) having at least five staples. Indoor magazines located in se- tumblers and a case-hardened shackle cure rooms that are locked as provided of at least 3/8 inch diameter, if the door in this subparagraph may have each hinges and lock hasp are securely fas- door locked with one steel padlock tened to the magazine and to the door (which need not be protected by a steel frame. These requirements do not hood) having at least five tumblers and apply to magazine doors that are ade- a case-hardened shackle of at least 3/e quately secured on the inside by means inch diameter, if the door hinges and of a bolt, lock, or bar that cannot be lock hasp are securely fastened to the actuated from the outside. magazine. These requirements do not (5) Placards. The placards required by apply to magazine doors that are ade- Department of Transportation regula- quately secured on the inside by means tions at 49 CFR part 172, subpart F, for of a bolt, lock, or bar that cannot be the transportation of blasting agents actuated from the outside. shall be displayed on all magazines, 252 Bureau of Alcohol,Tobacco, Firearms, and Explosives,Justice §555.214 (b) Indoor magazines—a) General. In- (c) Within any room containing an door magazines are to be theft-resist- indoor magazine. ant. They need not be weather-resist- ant if the buildings in which they are §555.213 Quantity and storage restrict stored provide protection from the tions. weather. No indoor magazine is to be (a) Explosive materials in excess of located in a residence or dwelling. In- 300,000 pounds or detonators in excess door magazines containing quantities of 20 million are not to be stored in one of blasting agents in excess of 50 magazine unless approved by the Direc- pounds are subject to the requirements tor. of§555.206 of this subpart. (b)Detonators are not to be stored in (2) Construction. The doors are to be the same magazine with other explo- constructed of wood or metal. sive materials, except under the fol- (3)Hinges and hasps. Hinges and hasps lowing circumstances: are to be attached to doors by welding, (1) In a type 4 magazine, detonators riveting, or bolting (nuts on inside). that will not mass detonate may be Hinges and hasps must be installed so stored with electric squibs, safety fuse, that they cannot be removed when the igniters, and igniter cord. doors are closed and locked. (2) In a type 1 or type 2 magazine, (4) Locks. Each door is to be equipped detonators may be stored with delay with (i) two mortise locks; (H) two pad- devices and any of the items listed in locks fastened in separate hasps and paragraph(b)(1)of this section. staples; (iii)a combination of a mortise §555.214 Storage within types 1, 2, 3, lock and a padlock; (iv) a mortise lock and 4 magazines. that requires two keys to open; or(v) a three-point lock. Padlocks must have (a)Explosive materials within a mag- at least five tumblers and a case-hard- azine are not to be placed directly ened shackle of at least '/e inch diame- against interior walls and must be ter. Padlocks must be protected with stored so as not to interfere with ven- not less than '/c inch steel hoods con- tilation. To prevent contact of stored structed so as to prevent sawing or explosive materials with walls, a non- lever action on the locks, hasps, and sparking lattice work or other non- staples. Indoor magazines located in se- sparking material may be used. cure rooms that are locked as provided (b) Containers of explosive materials in this subparagraph may have each are to be stored so that marks are visi- door locked with one steel padlock ble. Stocks of explosive materials are (which need not be protected by a steel to be stored so they can be easily hood)having at least five tumblers and counted and checked upon inspection. a case-hardened shackle of at least 3 (c) Except with respect to fiberboard inch diameter, if the door hinges and or other nonmetal containers, con- lock hasps are securely fastened to the tainers of explosive materials are not magazine and to the door frame. These to be unpacked or repacked inside a requirements do not apply to magazine magazine or within 50 feet of a maga- doors that are adequately secured on tine, and must not be unpacked or re- the inside by means of a bolt, lock, or packed close to other explosive mate- bar that cannot be actuated from the rials. Containers of explosive materials outside. must be closed while being stored. (d) Tools used for opening or closing [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as containers of explosive materials are amended by T.D. ATF-298, 55 FR 21863, May to be of nonsparking materials, except 30,1990] that metal slitters may be used for §555.212 Smoking and open flames. opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden Smoking, matches, open flames, and mallet are to be used for opening or spark producing devices are not per- closing wood containers of explosive mitted: materials. Metal tools other than non- (a)In any magazine; sparking transfer conveyors are not to (b) Within 50 feet of any outdoor be stored in any magazine containing magazine; or high explosives. 253 §555.215 27 CFR Ch. II (4-1-03 Edition) §555.215 Housekeeping. that repairs may produce sparks or Magazines are to be kept clean, dry, flame. Explosive materials removed and free of grit, paper, empty packages from magazines under repair must be and containers, and rubbish. Floors are (a) placed in other magazines appro- to be regularly swept. Brooms and priate for the storage of those explo- other utensils used in the cleaning and sive materials under this subpart, or maintenance of magazines must have (b) placed a safe distance from the no spark-producing metal parts, and magazines under repair where they are may be kept in magazines. Floors to be properly guarded and protected stained by leakage from explosive ma- until the repairs have been completed. terials are to be cleaned according to *555.217 Lighting. instructions of the explosives manufac- turer. When any explosive material has (a) Battery-activated safety lights or deteriorated it is to be destroyed in ac- battery-activated safety lanterns may cordance with the advice or instruc- be used in explosives storage maga- tions of the manufacturer. The area zines. surrounding magazines is to be kept (b) Electric lighting used in any ex- clear of rubbish, brush, dry grass, or plosives storage magazine must meet trees (except live trees more than 10 the standards prescribed by the "Na- feet tall), for not less than 25 feet in all tional Electrical Code," (National Fire directions. Volatile materials are to be Protection Association, NFPA 70-81), kept a distance of not less than 50 feet for the conditions present in the maga- from outdoor magazines. Living foliage zine at any time. All electrical switch- es are to be located outside of the mag- - which is used to stabilize the earthen covering of a magazine need not be re- azine and also meet the standards pre- moved. scribed by the National Electrical Code. §555.216 Repair of magazines. (c) Copies of invoices, work orders or similar documents which indicate the Before repairing the interior of mag- lighting complies with the National azines, all explosive materials are to be removed and the interior cleaned. Be- Electrical Code must be available for fore repairing the exterior of maga- zines, all explosive materials must be *555.218 Table of distances for storage removed if there exists any possibility of explosive materials. Quantity of explosives Distances in feet Public highways with Passenger railways— Inhabited buildings traffic volume of 3000 public highways with Separation of Pounds Pounds or fewer vehicles/day Iran 3,000 e hi f magazines over not over more y Bam- Unborn- Barri Unbarri- Barri- Unbarri- Barn- Unbarri- ceded called ceded ceded ceded ceded ceded ceded 0 5 70 140 30 60 51 102 6 12 5 10 90 180 35 70 64 128 8 16 10 20 110 220 45 90 81 162 10 20 20 30 125 250 50 100 93 186 11 22 30 40 140 280 55 110 103 206 12 24 40 50 150 300 60 120 110 220 14 28 50 75 170 340 70 140 127 254 15 30 75 100 190 380 75 150 139 278 16 32 100 125 200 400 80 160 150 300 18 36 125 150 215 430 85 170 159 318 19 38 150 200 235 470 95 190 175 350 21 42 200 250 255 510 105 210 189 378 23 46 250 300 270 540 110 220 201 402 24 48 300 400 295 590 120 240 221 442 27 54 400 500 320 640 130 260 238 476 29 58 500 600 340 680 135 270 253 506 31 62 600 700 355 710 145 290 266 532 32 64 700 800 375 750 150 300 278 556 33 66 800 900 390 780 155 310 289 578 35 70 900 1,000 400 800 160 320 300 600 36 72 1,000 1.200 425 850 165 330 318 636 39 78 254 Bureau of Alcohol,Tobacco, Firearms, and Explosives, Justice §555.218 Quantity of explosives Distances in feet Public highways with Passenger reilways— Inhabited buildings traffic volume of 3000 Public highways with Separation of Pounds Pounds or fewer vehicles/day traffic volume of more magazines over not over y than 3.000 vehicles/day Bani- Unbarri- Beni- Unbarri- Barn- Unbard- Bard- Unbarri- ceded ceded ceded ceded ceded coded ceded ceded 1,200 1,400 450 900 170 340 336 672 41 82 1.400 1,600 470 940 175 350 351 702 43 86 1,600 1,800 490 980 180 360 366 732 44 88 1.800 2,000 505 1.010 185 370 378 756 45 90 2.000 2,500 545 1,090 190 380 408 816 49 98 2.500 3,000 580 1,160 195 390 432 864 52 104 3,000 4,000 635 1,270 210 420 474 948 58 116 4,000 5.000 685 1,370 225 450 513 1,026 61 122 5,000 6,000 730 1,460 235 470 546 1,092 65 130 6,000 7,000 770 1,540 245 490 573 1,146 68 136 7.000 8,000 800 1,600 250 500 600 1,200 72 144 8,000 9,000 835 1,670 255 510 624 1,248 75 150 9,000 10,000 865 1,730 260 520 645 1,290 78 156 10,000 12,000 875 1,750 270 540 687 1,374 82 164 12,000 14.000 885 1,770 275 550 723 1.446 87 174 14,000 16,000 900 1,800 280 560 756 1,512 90 180 16,000 18.000 940 1,880 285 570 786 1,572 94 158 18,000 20.000 975 1,950 290 580 813 1,626 98 196 20.000 25,000 1,055 2,000 315 630 876 1,752 105 210 25,000 30,000 1.130 2,000 340 680 933 1,866 112 224 30,000 35.000 1,205 2,000 360 720 981 1,962 119 238 35,000 40,000 1,275 2,000 380 760 1,026 2.000 124 248 40.000 45,000 1,340 2.000 400 800 1.068 2,000 129 258 45.000 50,000 1,400 2.000 420 840 1.104 2,000 135 270 50,000 55,000 1.460 2,000 440 880 1,140 2,000 140 280 55,000 60.000 1,515 2,000 455 910 1,173 2.000 145 290 60,000 65,000 1,565 2,000 470 940 1,206 2.000 150 300 65.000 70.000 1,610 2.000 485 970 1.236 2,000 155 310 70.000 75,000 1,655 2.000 500 1,000 1.263 2,000 160 320 75.000 80,000 1,695 2.000 510 1,020 1.293 2,000 165 330 80.000 85,000 1.730 2.000 520 1,040 1.317 2,000 170 340 85.000 90,000 1.760 2,000 530 1,060 1.344 2,000 175 350 90,000 95,000 1.790 2,000 540 1,080 1,368 2,000 180 360 95.000 100,000 1,815 2.000 545 1,090 1.392 2,000 185 370 100,000 110,000 1.835 2,000 550 1.100 1,437 2,000 195 390 110,000 120.000 1,855 2,000 555 1,110 1,479 2,000 205 410 120.000 130.000 1,875 2.000 560 1,120 1.521 2,000 215 430 130,000 140,000 1.890 2,000 565 1.130 1,557 2,000 225 450 140,000 150,000 1.900 2,000 570 1.140 1,593 2,000 235 470 150,000 160.000 1,935 2,000 580 1,160 1,629 2,000 245 490 160,000 170.000 1,965 2,000 590 1,180 1,662 2,000 255 510 170.000 180,000 1,990 2,000 600 1,200 1.695 2,000 265 530 180,000 190,000 2,010 2,010 605 1,210 1.725 2,000 275 550 190.000 200,000 2,030 2,030 610 1,220 1.755 2,000 285 570 200.000 210,000 2.055 2,055 620 1.240 1.782 2,000 295 590 210.000 230,000 2,100 2,100 635 1.270 1,836 2,000 315 630 230,000 250,000 2,155 2,155 650 1,300 1,890 2,000 335 670 250.000 275,000 2,215 2,215 670 1,340 1.950 2,000 360 720 275,000 300,000 2.275 2,275 690 1.380 2.000 2,000 385 770 TABLE: AMERICAN TABLE OF DISTANCES FOR (2) When two or more storage magazines STORAGE OF EXPLOSIVES (DECEMBER 1910), are located on the same property, each mag- AS REVISED AND APPROVED BY THE INSTI- azine must comply with the minimum dis- TUTE OF MAKERS OF EXPLOSIVES—JULY, Lances specified from inhabited buildings, 1991. railways, and highways, and, in addition, they should be separated from each other by Notes to the Table of Distances for Storage of not less than the distances shown for"Sepa- Explosives ration of Magazines," except that the quan- tity of explosives contained in cap magazines (1) Terms found in the table of distances shall govern in regard to the spacing of said for storage of explosive materials are defined cap magazines from magazines containing in§555.11. other explosives. If any two or more maga- zines are separated from each other by less 255 §555.219 27 CFR Ch. 11 (4-1-03 Edition) than the specified "Separation of Maga- Donor weight(pounds) Minimum separation zines" distances, then such two or more distance of acceptor Minimum magazines,as a group,must be considered as from donor when barn- thickness one magazine, and the total quantity of ex- catletl n) _ of artifidal Over Not over barricades plosives stored in such group must be treated Ammo- Blasting (in.) as if stored in a single magazine located on atom agent the site of any magazine of the group, and nitrate must comply with the minimum of distances 300 600 5 18 12 specified from other magazines, inhabited 600 1,000 6 22 12 buildings,railways,and highways. 1,000 1,600 7 25 12 (3) All types of blasting caps in strengths 1.600 2.000 8 29 12 through No. 8 cap should be rated at 11/2 lbs. 2,000 3.000 9 32 15 A000 4,000 10 36 15 (1.5 lbs.) Of explosives per 1,000 caps. For 4,000 6,000 11 40 15 strengths higher than No. 8 cap, consult the 6,000 8,000 12 43 20 manufacturer. 8,000 10,000 13 47 20 (4) For quantity and distance purposes, 10,000 12,000 14 50 20 detonating cord of 50 or 60 grains per foot 12.000 16,000 15 54 25 should be calculated as equivalent to 9 lbs.of 16.000 20,000 16 58 25 000 18 65 30 high explosives per 1,000 feet. Heavier or 25,000 30, lighter core loads should be rated 30.000 30,000 19 68 30 propor- 30.000 35,000 20 72 30 tionately. 35,000 45,000 21 76 30 40,000 45,000 22 7983 35 [T.Damended ATF-87,by T.D. TR 4000, Aug.R Aug.as55,000 50,000 23 86 35 998; T.D. . A-46, 66 FR 3 FR 45003,, 7, 55,000 55,000 24 86 35 24, 19 T. . AT 668 Mar. 27, 55,000 70,000 25 90 35 2001; T.D. ATF-446a, 66 FR 19089, Apr. 13, 60,000 80,000 26 94 40 2001] 70,000 80,000 30 101 40 80,000 00,000 30 108 1 40 0 000 11555.219 Table of distances for storage 90,000 m0,000 32 122 40 of low explosives. 120,000 140,000 34 133 50 P 120,000 140,000 37 133 50 140,000 160,000 40 144 50 Pounds From in- From pub- From 160,000 180,000 44 158 50 habited tic railroad above 180,000 200,000 48 173 50 building and µ high- ground 200,000 220.000 52 187 60 Over Not over distance once magazine 220,000 250,000 56 202 60 (feet) (feet) (feet) 250.000 2]5.000 60 216 60 275,000 300,000 64 230 60 0 1,000 75 75 50 1,000 5,000 115 115 75 5,000 10.000 150 150 100 TABLE: NATIONAL FIRE PROTECTION ASSOCIA- 10,000 20,000 190 190 125 TION (NFPA) OFFICIAL STANDARD No. 492, 20,000 30.000 215 215 145 1968 30,000 40,000 235 235 155 40,000 50,000 250 250 165 Notes of Table of Separation Distances of Am- 50,000 60,000 260 260 175 montum Nitrate and Blasting Agents From Ex- 60,000 70,000 270 270 185 70,000 80,000 280 280 190 plosives or Blasting Agents 80,000 90,000 295 295 195 (1)This table specifies separation distances 90,000 100,000 300 300 200 100,000 200,000 375 375 250 t0 prevent explosion of ammonium nitrate 200,000 300,000 450 450 300 and ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to in $555.220 Table of separation distances the table as the "donor." Ammonium ni- of ammonium nitrate and blasting trate, by itself, is not considered to be a agents from explosives or blasting donor when applying this table. Ammonium agents. nitrate, ammonium nitrate-fuel oil or com- TABLE:DEPARTMENT OF DEFENSE AMMUNITION binatiOIIS thereof are acceptors. If stores of AND EXPLOSIVES STANDARDS, TABLE 5-4.1 ammonium nitrate are located within the EXTRACT;4145.27 M,MARCH 1969 sympathetic detonation distance of explo- sives or blasting agents,one-half the mass of Donor weight(pounds) Minimum separation the ammonium nitrate is to be included in distance of acceptor Minimum the mass of the donor. from donor when barr& thickness (2) When the ammonium nitrate and/or ceded(ft.) of artificial blasting agent is not barricaded, the dis- Over Not over barricades ammo- Blasting (ial Lances shown in the table must be multiplied Mum agent by six. These distances allow for the possi- nitrete bility of high velocity metal fragments from 100 3 it 12 mixers, hoppers, truck bodies, sheet metal 100 300 4 14 12 structures, metal containers, and the like 256 Bureau of Alcohol,Tobacco, Firearms,and Explosives,Justice §555.223 which may enclose the "donor." Where ex- (d) All dry explosive powders and plosives storage is in bullet-resistant maga- mixtures, partially assembled display zines or where the storage is protected by a fireworks, and finished display fire- bullet-resistant wall,distances and barricade works shall be removed from fireworks thicknesses in excess of those prescribed in process buildings at the conclusion of a the table in§555.218 are not required. (3)These distances apply to ammonium nl- day's operations and placed in ap- trate that passes the insensitivity test pre- proved magazines. scribed in the definition of ammonium ni- [T.D. ATF-293, 55 FR 3722, Feb. 5, 1990, as irate fertilizer issued by the Fertilizer Insti- amended by T.D. ATF-400, 63 FR 45004, Aug. tute.1 Ammonium nitrate failing to pass the 24,1998] test must be stored at separation distances in accordance with the table in§555.218. (4) These distances apply to blasting 1555.222 Table of distances between agents which pass the insensitivity test pre- fireworks process buildings and be- scribed in regulations of the U.S. Depart- works fireworks process and fire- ment of Transportation(49 CFR part 173). works nonprocess buildings. (5)Earth or sand dikes, or enclosures filled Net weight of with the prescribed minimum thickness of fireworks' Display fireworks, Consumer fire- earth or sand are acceptable artificial bard- (pounds) (feet) works'(feep caries. Natural barricades, such as hills or 0-100 57 37 timber of sufficient density that the sur- 101-200 69 37 rounding exposures which require protection 201-300 77 37 cannot be seen from the "donor" when the 301-400 Si . 37 trees are bare of leaves, are also acceptable, 401-500 91 37 (6) For determining the distances to be Above 500 Not permitted 45 Not permitted°s maintained from inhabited buildings, pas- INN weight is the weight of all pyrotechnic compositions. senger railways, and public highways, use and explosive materials and fuse only. the table in§555.218. 2 The distances in this column apply only with natural or ar- tificial barricades. If such banicades are not used, the dis- tances must be doubled. §555.221 Requirements for display While consumer fireworks or articles pyrotechnic in a fin- fireworks, pyrotechnic composi- isbed state are not subject to regulation,explosive materials Lions, and explosive materials used used to manufacture or assemble such fireworks or slides p are subject to regulation Thus, fireworks process buildings in assembling fireworks or articles where consumer fireworks or articles pyrotechnic are being pyrotechnic. processed shall meet these requirements. A maximum of 500 pounds of in-process pyrotechnic mm- (a) Display fireworks, pyrotechnic positions, either loose or in partially-assembled fireworks, is permitted in any fireworks process building. Finished display compositions, and explosive materials fireworks may not be stored in a fireworks process building. used to assemble fireworks and articles 5A maximum of t0 pounds of flash powder,either In loose form or in assembled units,is permitted in any sreworks prop pyrotechnic shall be stored at all times ess building.Quantities in excess of 10 pounds must be kept as required by this Subpart unless they in an approved magazine. are in the process of manufacture, as- [T.D.aretrans- ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. ported. 24,19981 (b) No more than 500 pounds (227 kg) of pyrotechnic compositions or explo- §555.223 Table of distances between sive materials are permitted at one fireworks process buildings and time in any fireworks mixing building, other specified areas. any building or area in which the pyro- DISTANCE FROM PASSENGER RAILWAYS, PUBLIC technic compositions or explosive ma- HIGHWAYS, FIREWORKS PLANT BUILDINGS terials are pressed or otherwise pre- pared for finishing or assembly, or any USED TO STORE CONSUMER FIREWORKS AND finishing or assembly building. All py- ARTICLES PYROTECHNIC, MAGAZINES AND rotechnic compositions or explosive FIREWORKS SHIPPING BUILDINGS, AND NHAB- materials not in immediate use will be TED BUILDINGS.3 4 5 stored in covered, non-ferrous con- Net weight of fire- Display fireworks' consumer fire- tainers. works'(pounds) (feet) works'(feet) (c) The maximum quantity of flash o-wo 200 25 powder permitted in any fireworks 101-200 200 50 process building is 10 pounds(4.5 kg). 201-5e0 200 so 301-400 . 200 50 401-500 . 200 50 'Definition and Teat Procedures for Am- Above 500 Not permitted Not permitted. monium Nitrate Fertilizer, Fertilizer Insti- 'Net weight is the weight of all pyrotechnic compositions. tute 1015-18th St. N.W.Washington,DC 20036. and exposive materials and fuse only, 257 • • §555.224 27 CFR Ch. II (4-1-03 Edition) 2while consumer fireworks or articles pyrotechnic in a fin- §555.224 Table of distances for the (shed state are not subject to regulation.explosive materials used to manufacture or assemble such fireworks or articles storage of display fireworks (except are subject to regulation. Thus, fireworks process buildings bulk salutes). where consumer fireworks or amides pyrotechnic are being processed shall meet these requirements. 'This table does not apply separation distances be- Distance between to the magazine and ip s- between tween fireworks ga process 55.218s (see .224)222) and be- Net weight of firework Itetl building.pas- between magazines(see s table 218 and 555 220). maga- Vp y (pounds) public railway,or •The distances in this table a or without the fiuse of public et) 34 n(fes)' natural a barricades or comm barricades.d However, use of (feet) (feet) barricades workfhighly kawmmcnpt to sNe s of any kind,except or , move items other 0-1000 150 100 thanexplosive materials nte from storage,shall. e conducted in 1001-5000 230 150 any building not tgsubje as a§w5.222uor A fireworks plant 5001-10000 300 200 warehouse is subject to§555.222 or this section,tables of distances. Above 10000 Use table§555.218 ',Net weight is the weight of all pyrotechnic compositions, [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as and esposive materials and fuse only, amended by T.D. ATF-'400, 63 FR 45004, Aug. For tie purposes of applying this table,the term"maga- 24,1090] zine" ass includes fireworks shipping buildings for display s. .For fireworks storage magazines in use prior to(30 days from the date of publication of the final rule in the FEDERAL REGISTER),the distances in this table may be halved if prop- erly barricaded between the magazine and potential receptor sites. ^This table does not apply to the storage of bulk salutes. Use table at§555.218. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T,D. ATF-400, 63 FR 45004, Aug. 24,1998] 258 • Bureau of Alcohol,Tobacco, Firearms, and Explosives, Justice §555.223 which may enclose the "donor." Where ex- (d) All dry explosive powders and plosives storage is in bullet-resistant maga- mixtures, partially assembled display zines or where the storage 1s protected by a fireworks, and finished display fire- bullet-resistant wall,distances and barricade works shall be removed from fireworks thicknesses in excess of those prescribed in the table in 5555.218 are not required. process buildings at the conclusion of a (3)These distances apply to ammonium ni- day's operations and placed in ap- trate that passes the insensitivity test pre- proved magazines. scribed in the definition of ammonium ni- [T.D. ATF-293, 55 FR 3722, Feb. 5, 1990, as Grate fertilizer issued by the Fertilizer Insti- amended by T.D. ATF-400, 63 FR 45004, Aug. lute? Ammonium nitrate failing to pass the 24 10081 test must be stored at separation distances in accordance with the table in§555.218. §555.222 Table of distances between (9) These distances apply to blasting agents which pass the insensitivity test pre- fireworks process buildings and re- scribed in regulations of the U.S. Depart- tween fireworks process and fie- ment of Transportation(49 CFR part 173). works nonprocess buildings. (5)Earth or sand dikes,or enclosures filled Net weight of fireworks' Consumer fire- with the prescribed minimum thickness of fireworks' Display earth or sand are acceptable artificial bard- (pounds) (feet) works=(fee0 codes. Natural barricades, such as hills or o-too 57 . 37 timber of sufficient density that the sur- 101-200 69 37 rounding exposures which require protection 201-300 . 77 . 37 cannot be seen from the "donor" when the 301-500 . 85 . 37 trees are bare of leaves, are also acceptable. 401-500 91 . 37 (6) For determining the distances to be Above 500 . Not permitted Not permitted°s maintained from inhabited buildings, pas- 'Net weight is the weight of all pyrotechnic compositions. senger railways, and public highways, use and explosive materials end fuse only. the table in§555.21.8. The distances in this column apply only with natural or ar- tificial bamcades. If such barricades are not used, the dis- tances must be doubled. §555.221 Requirements for display while consumer(reworks or articles pyrotechnic in a fin- fireworks, pyrotechnic composi- 'shed state are not subiect to regulation,explosive materials lions, and explosive materials used uses to manufacture or assemble such fireworks or articles P are subject to regulation. Thus, fireworks process buildings in assembling fireworks or articles where consumer fireworks or articles pyrotechnic are being pyrotechnic. processed shall meet these requirements. 'A maximum of 500 pounds of in-process pyrotechnic com- (a) Display fireworks, pyrotechnic positions, either loose or in pedially-assembled fireworks, is permitted in any fireworks process building. Finished display compositions, and explosive materials fireworks may not be stored in a fireworks process building. used to assemble fireworks and articles A maximum of f0 pounds of flesh powder,either In loose form or in assembled units,is permitted in any fireworks proo- pyrotechnic shall be stored at all times ass building.Quantities in excess of 10 pounds must be kept as required by this Subpart unless they in an approved magazine. are in the process of manufacture, as- [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as sembly, packaging, or are being trans- amended by T.D. ATF-400, 63 FR 45004, Aug. ported. 24,19981 (b) No more than 500 pounds (227 kg) of pyrotechnic compositions or explo- 4555.223 Table of distances between sive materials are permitted at one fireworks process buildings and time in any fireworks mixing building, other specified areas. any building or area in which the gyro- DISTANCE FROM PASSENGER RAILWAYS, PUBLIC technic compositions or explosive ma- HIGHWAYS, FIREWORKS PLANT BUILDINGS terials are pressed or otherwise pre- USED TO STORE CONSUMER FIREWORKS AND pared for finishing or assembly, or any ARTICLES PYROTECHNIC, MAGAZINES AND finishing or assembly building. All py- FIREWORKS SHIPPING BUILDINGS, AND INHAB- rotechnic compositions or explosive ITED BUILDINGS.345 materials not in immediate use will be stored in covered, non-ferrous con- Net weight of fire- Display fireworks' Consumer fire- tainers. works=(pounds) peep works2(feel) (c) The maximum quantity of flash O.too 200 25 powder permitted in any fireworks 101-200 200 50 process building is 10 pounds(4.5 kg). 201-300 200 50 301-400 200 50 401-500 200 50 1 Definition and Test Procedures for Am- Above 500 . Not permitted . Not permitted. monium Nitrate Fertilizer, Fertilizer Insti- 'Net weight is the weight of all pyrotechnic compositions, tote 1015-18th St.N.W.Washington,DC 20036. and exposive materials and fuse only. 257 Hello