HomeMy WebLinkAbout20030611.tiff DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498
USE BY SPECIAL REVIEW APPLICATION
Application Fee Paid Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 5j*eA#0,4e,/4, i6/f A
PARCEL NUMBER: / 3_1:2 a 0 0 0 a.3 (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
--
Section 2 8 , T 2. N, R b h/ W-Total Acreage / �� Zone District A Overlay Zone —
Property Address (if available) 2 65 3 6 trC,4) /g/ ,Li r r n et L1 Go Be "13
Proposed Use A/5/74 ...c/./-rm-0/^/45 S inre9r
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: 4i,//, arr, N. 3/0A•,hraire- Address: ys o a t tt 4 //
303- 83'3 ^
City/State/Zip: e)ea) 9oS 4 Home Telephone: z//2 Business Telephone So/ne
Name: Ann 7n• S{o.,rb/../rr' Address: -Sme
City/State/Zip: Home Telephone: Business Telephone
APPLICANT OR AUTHORIZED AGENT (if different than above)
Name:
/in n /• in-Lieq
Address: /fog/4aAtinri t - ✓' City/State/Zip: S0../edr , e0 9e'3o'r
Home Telephone: 301-1/0/2. `a4ZB Business Telephone: 3°39V9- 094/
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case/3t
Floodplain: 0 Yes 0 No Geologic Hazard: ❑ Yes 0 No
I hereby state that all statements and plans submitted with the application are true and correct to the best
of my knowledge.
EXHIBIT
Rev: 1-4-01 Signature: O or Authorize ent
((IA a .
5 2003-0611
USE BY SPECIAL REVIEW APPLICATION
(For Weld County Department of Planning Services)
Stonebraker Storage Facility
Parcel No. 130528000023
Part of NE 1/4, 528, T2N, R64W
aka 26536 WCR 18
Keenesburg, Colorado 80643
Prepared for Mr. and Mrs. William N Stonebraker
4502 WCR 11
Erie, CO 80516
December, 2002
LEEBURG & ASSOCIATES
707 Hawthorn Avenue, Suite 207
Boulder,CO 80304
(303)442-2428
LETTER OF TRANSMITTAL
LEEBURG & ASSOCIATES
707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0(303)442-2428
December 13, 2002
Weld County
Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
To Whom It May Concern:
Enclosed herewith is a Use by Special Review (USR) Application and attendant materials and
exhibits for a fireworks storage facility(aka the Stonebraker Storage Facility) in the Agricultural
(A)Zone District west of Keenesburg.
The undersigned, serving as agent for the Applicants, William N. and Ann M. Stonebraker,
requests the timely processing of this Application. Enclosed is a check in the amount of$1,160
for the Application Fee and Legal Notice Fee.
While outlined in detail in the following Special Review Questionnaire, it is important to note and
to caution that the layperson may react to a"fireworks" storage facility with some dismay and
inappropriate concern. Words like"explosives", "magazines", "pyrotechnic"and "Alcohol,
Tobacco &Firearms", etc. have the potential to conjure strong images in one's mind. Those
images may very well be inaccurate and unduly reactionary.
The storage use proposed in this USR is highly controlled and regulated by the Bureau of
Alcohol, Tobacco& Firearms, Department of the Treasury, as well as by the Uniform Fire Code.
It represents a very low intensity use, and in fact, brings forth less public risk and exposure to fire
and disorder than gas stations, a lumber yard, the local hardware and many other common
business enterprises, including farming tasks that require the handling of flammable and/or toxic
materials and that generate much more highly intensive levels of traffic and/or public presence.
This facility generates essentially none of the foregoing and is simply storage on a remote,
buffered piece of farmland no closer than 500 feet to any private land ownerships. Please note
that the Applicants and their predecessors have been in the fireworks business for over 80 years
and have a exemplary safety and compliance record.
Thank you for your consideration and response. Should questions arise I may be reached at 303-
947-0791.
Respectfully submitted,
Linn T. Leeburg
Enclosure
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
.Veld County Public Works Department Date: /2 —/—u Z
till H Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name////��, N 04 ADn /"' 3'14^o 4"I'ar Phone 3O c3-e33- at/9
Address 5iSo a. £--c A? /7 City E ,-,'a StateCo Zip 8O3/6
2. Address or location of access 2. 3 .C3 . &-'C, ' /8 f p_ rs h, __r.., 8 0 6 7 3
Section a SCNC'Vv) Township 2. 7'! Range Co ya✓ /
Subdivision t's/A Block Lot
Weld County Road # /,3 Side of Road So..fF Distance from nearest intersection APPro n a Soo 1
vrsfvf wCA S'S
3. Is there an existing access to the property? Yes $ No #of accesses /
4. Proposed Use:
il Permanent ❑ ResidentiaL'Agricultural O Industrial
O Temporary O Subdivision ❑ Commercial /s] Other/ e6yS/ec/n//rv,ei,
5. Site Sketch ex(sfiPi.sA4 t4)
,4‘«f6 to v t. SY
Legend for Access Description: e,AO
AG = Agricultural WGk �g 48v,- -
RES = Residential
O&G= Oil&Gas 4 NewAc«ss
R. = Ditch Road R oa.c(
M
11 _it el!, 7-z."/
**********************************
OFFICE USE ONLY:
Road ADT Date_ Accidents Date -_
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
—,viewed By: Title:
8
/ 2 -/6-02.
FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION
USINESS EMERGENCY INFORMATION:
Business Name: Phone:
Address:
Business Owner 4:(-"..//' ° ' N. e/f" fin. 5:4'1 is dr..44Pr Phone: 3 O 3 - 8 3 3 - 2//P
Home Address: /S" 2 6-"" c R // City: <' r' r Co BOS/G
i
List three persons in the order to be called in the event of an emergency:
NAME / TITLE ADDRESS PHONE
/pia//. „//. .5;4` . . bra/ yvZ w�/1 // ;-/C-0/ ,9os/6 303-833-2/'
yr '% S. In �//7P� .��`/S/� F�a/�ic./ /Jv., �.ri� l dot 2/ 3O 7 -vs"s- s- O
Svo1i/`i S. ,Ci//c/'rs6,1 [/S'o Z t<7 77 cri'ci , B'OS 4- 3a 3 -233 - 2SSS
Business Hours: 6. ,'000.T - &a'3o/lr Days: 2,---6ys/a-4
Type of Alarrta Burglar Holdup Fire Silent Audible
Name and address of alarm company: /VA
ocation of Safe: /✓4
1111!f 1f fff####################111###1##111####44#######4#####ii#1111##41144#4##4#41ff1ffi###i#1#####1111 Off#fffff###4141#
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this buildings/er Location(s): ,WPa r
/hPr
Is alcohol stored in building? /v' Location(s):
Are drugs stored in building? /1/4 Location(s):
Are weapons stored in building?/✓' Location(s):
The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs
of interest.
Physical security check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main electrical: V(524P
Gas shut off: /3/4,7 a
_xterior water shutoff: /l%^P
Interior water shutoff: /t P
6
Use By Special Review Questionaire
Stonebraker Storage Facility
William N. and Ann M. Stonebraker, Applicants
No. I: Proposed USE of the Property
The Applicants have recently purchased 137± acres in the NE 1/4, S28, T2N, R64W of the 6`11
Principal Meridian, Weld County, Colorado (Parcel No. 13028000023), located on WCR 18,
west of WCR 55 (aka 26536 WCR 18, Keenesburg, Colorado 80643 in the Agricultural (A)Zone
District.
The Applicants are desirous of utilizing some 13 ±acres(the Subject Site) of the parcel for the
storage of display fireworks as an adjunct to their fireworks businesses extant in the Denver
Metro area. The Applicants' and their family have been in the fireworks business for over 80
years and are well respected in the industry, enjoying an exemplary safety record. Display
Fireworks are classified as"low explosives" and their storage is regulated by the Department of
Treasury, Bureau of Alcohol, Tobacco&Firearms(ATF), KIT)P 5400.7 (09/00). These display
fireworks are also known as Type 1.3C or Class B explosives. The Applicants' proposed USE on
the Subject Site under this Use by Special Review(USR) Proceeding is consistent with and
compliant with the provisions of AFT Federal Explosives Law&Regulations (select excerpts
enclosed), the 1997 Uniform Fire Code, Articles 77 (select excerpts enclosed), and the Weld
County Code.
In overview the Subject Site would be an Approved Storage Facility, as defined by ATF,
comprised of a maximum of 13 storage magazines separated from one another, inhabited
buildings, passenger railways, and public highways by not less than 200', 300' 300' and 300',
respectively. Display Fireworks must be stored at a minimum in Type 4 Magazines. While it is
unlikely any single storage magazine would house explosive materials even approaching a net
weight of 10,000 pounds, all clearances are founded upon magazine capacities of up to 10,000
pounds in order to be highly conservative. Lesser net weights allow lesser separation distances.
The aforesaid storage magazines would be portable or mobile metal boxes, trailers, containers,
semi-trailers, or rail cars the nominal dimension of which usually do not exceed 8' x 53',
immobilized and modified per ATF Regulations to be fire resistant, weather-resistant, and theft-
resistant per these Regulations. Usually 8'x 40' (320 se containers are utilized. This storage
concept represents common practice in the fireworks industry and is well accepted by ATF.
The Subject Site would be accessed from WCR 18 via a private, agricultural driveway across the
aforesaid parcel owned by the Applicants, appropriately marked and barricaded to prevent access
by the general public.
No permanent employees would work at the Storage Facility as its purpose is simply
warehousing.
The Subject Site is essentially level, requiring negligible dirt work and is currently fallow
agriculturally zoned land. No water source is required, sewage disposal incidental to employees
periodically inspecting the storage facilities and transferring fireworks will be provided via a
"Porta-pottie" contractor with said unit located within the USR boundary.
The Subject Site does not encompass any prime farmland. The remainder of the parcel outside
the scope of this USR will continue to be used for agricultural purposes including farming,
grazing and by leaving fallow.; all under the control of the Applicants.
No. 2: Consistency with Weld County Comprehensive Plan
This Use by Special Review(USR)Proposal is viewed in the context of the repealed and re-
enacted Chapter 22 Comprehensive Plan Code Ordinance 2002-6 effective October 7, 2002. The
Stonebraker Storage Facility USR is consistent with the intent of the Weld County
Comprehensive Plan. The site of 13± acres is within the Agricultural Zone District.
• D. Article II -Land Use Categories, "Conversion of agricultural lands to non-urban uses
will be accommodated only in areas that can support such development with adequate
facilities and services. This allows low density and low intensity development to occur
where appropriate. It also encourages techniques and incentives such as clustering,
restrictive easements, building envelopes and set backs to be used to both minimize the
impacts on surrounding properties, as well as conserve lands for agricultural production."
• Agricultural Goals&Policies, Section 22-2-60
D. A. Goal 4, "Conversion of agricultural land to non-urban residential, commercial and
industrial uses will be accommodate when the subject site is in an area that can support
such development. Such development shall attempt to be compatible with the region.
This goal is intended to address conversion of agricultural land to non-urban uses. Once
converted, this land is less conducive to agricultural production."
• 1.A. Policy 4.1. "Applications for the division of land which is zoned agricultural to non-
urban uses shall be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. The criterion shall include, but not be limited to:
a. A. Policy 4.1.1. Soil Classifications.
b. A. Policy 4.1.2. Availability, location and accessibility to existing infrastructure and
utilities.
c. A. Policy 4.1.3. Ensure safe and adequate access onto County roads or State highways.
d. A. Policy 4.1.4. The level of development associated with the site.
e. A. Policy 4.1.5. Consideration of existing improvements or structures.
f A. Policy 4.1.6. The impacts on services such as fire protection, law enforcement,
school districts, etcetera."
Consistent with the foregoing Comprehensive Plan provisions, Stonebrakers' Proposed Use
represents an allowed conversion of agricultural lands to non-urban use as a Storage
Facility for low explosive display fireworks which are highly regulated and controlled by
the Bureau of Alcohol, Tobacco & Firearms (ATF).
The proposed use is low density and low intensity with negligible impact on surrounding
properties. No prime farmlands or even tilled farm lands are impacted, nor removed from
production as the Subject Site is fallow, dryland grass. Setbacks from adjacent private
properties are not less than 500',well in excess of Weld County regulations, as well as ATF
regulations and the proposed USE is "clustered".
No impacts on environmental or natural resources will occur.
The proposed USE has negligible impact on existing infrastructure; utilities and services
such as water and sewer service are not required. energy requirements are minimal, no
roads are impacted and police and fire needs represent no greater impact than normal
agricultural operations.
No. 3: Consistency with Weld County Zoning Ordinances
The Applicants' USE is consistent with the intent of the Weld County Zoning Ordinance
for a Commercial USE in the Agricultural (A)Zone District under the provisions of Section
23-2-200, Uses by Special Review.
Under the Provisions of Uses by Special Review in the A District, "Section 31.4.18 of the Weld
County Zoning ordinance provides within the Agricultural (A)District for"Any use permitted as
a use by right, an accessory use, or a use by special review in the Commercial or Industrial Zone
Districts, provided the property is not a LOT in an approved or recorded subdivision plat or
LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
PUD development proposals shall not be permitted to use the Special Review Permit process to
develop.
Stonebrakers' lot is not a platted subdivision lot, but described by meets and bounds.
Stonebrakers' proposed USE is consistent with the provisions of the C-3 Commercial
District, Section 33.4.2.6, "Warehousing & Transfer Facilities" and/or the I-1, 2 & 3
Industrial Districts, Section 34.
No. 4• Surrounding USES
The Subject Site will be entirely surrounded by agricultural USES controlled by the Applicants
and separated from other private owners' parcels by buffering of not less than 500 feet.
To the south of the Subject Site some 300 feet distant is the I-76 Highway right-of-way; the 75
MPH west bound lane lies 425 feet from the Subject Site boundary; 500±feet to the west is
dryland tilled and/or fallow farm land; to the north, marsh and tilled irrigated farmland owned by
the Applicants, then WCR 18, then at about 1300± feet distance, is dry and irrigated farmland; to
the east is irrigated farmland about 900 feet away. No inhabited structure owned by others are
within 1500 feet of the Subject Site. A future planned house occupied by the Applicants and a
future planned Accessory to Farm Residence would be no closer to the Subject Site than 300 feet
As this USR represent minimal development impact on surrounding USES, it is consistent and
compatible with same.
No. 5: Questionnaire Response
(a) See(b)following. The general public would be restricted from the site. Occasionally
escorted customers will pick up fireworks at the site.
(b) No permanent employees will utilize the site. Up to six employees will access the Storage
Facility on a periodic basis for inspection and to transfer fireworks to and from the Subject
Site.
(c) Hours of access by employees would be from 6:00 a.m. until 8:30 p.m., 7 days per week.
See (0 following.
(d) Up to 13 Type 4 (as defined by ATF) storage magazines comprising containers, metal
boxes, trailers, semi-trailers, or rail cars, immobilized and modified per ATF Regulations
to be fire-resistant, weather-resistant, and theft-resistant.
(e) No animals will be on the Subject Site.
(f) Vehicular access to the Subject Site would be approximately 3 trips per day by light duty
pickups (GVW of 10,000 pounds or less) or automobiles for inspection and product
transfer. Occasionally larger trucks may deliver or access product.
(g) Fire protection will be provided by the Southeast Weld Fire Protection District T. It is
the Applicants intention to conform to the 1997 Uniform Fire Code, Article 77; notably:
7701.5 Notice of New Storage and Manufacturing Sites. "When a new
explosive material storage or manufacturing location, including a temporary job
site, is established the local law enforcement agency, fire department and
emergency planning committee shall be notified immediately of the type, quantity
and location of explosive materials at the site."
7701.6 Access Road Signs. "At the entrance to explosive material manufacuring
and storage sites, all access roads shall be posted with the following warning sign
or other approved sign:
DANGER
NEVER FIGHT EXPLOSIVE FIRES
EXPLOSIVES ARE STORED ON THIS SITE
CALL
The sign shall be weather resistant with a reflective surface and lettering at least 2
inches(50.8 mm)high."
7702.1.14 Sources of Ignition. "Smoking, matches, flame-producing devices,
open flames and firearms or cartridges shall not be permitted inside of or within 50
feet (15 240 mm)of magazines.
Where low explosives are stored in magazines, spark-producing tools shall not be
used. Such magazines shall be bonded and grounded."
7702.1.15 Yard Maintenance. "The land within 25 feet (7620 mm) of magazines
shall be kept clear of rubbish, brush, dried grass, leaves, dead trees, and live trees
less than 10 feet (3048 mm) high. Where conditions warrant, the chief is
authorized to require greater distances.
Combustible materials shall not be stored within 50 feet (15 240 mm) of
magazines."
7702.1.16 Premises Identification. "The premises upon which Types 1, 2,4 and
5 outdoor magazines are located shall be posted with signs reading EXPLOSIVES
—KEEP OFF. These signs shall be in contrasting colors with a minimum letter
size of 3-inch(76 nun) height with '/2 inch(12.7 mm) brush stroke. Signs shall be
located so that a bullet passing through the sign will not strike a magazine. Signs
shall not be attached to outdoor magazines."
As can be seen from the 1997 Uniform Fire Code, fire protection is largely focused on
protection external to the storage facility.
Regardless, at the discretion and direction of the Fire Protection District appropriate keys
and accessibility provisions will be provided fire fighters.
(h) The Subject Site is on fallow, dry agricultural land with no well nor irrigation water source
and none is required.
(i) The Subject Site has no existing sewage disposal system. Proposed sewage disposal will
be provided by one"porta-potti" regularly serviced by a contractor as no permanent
employees will occupy the premises.
(j) See foregoing No. 1.
"Display Fireworks" which are classified by ATF as"low explosives" as contrasted with
"high explosives", such as dynamite or"blasting agents" such as ammonium nitrate and as
contrasted with"consumer fireworks".
No. 6: Landscaping
Given the character of the Subject Site; which is a fallow, dryland agricultural parcel, buffered by
lands owned by the Applicants, well removed from surrounding uses which are also agricultural or
high speed interstate highway and given the nature of the proposed USE; which is storage with no
public access and given the fact that no irrigation supply is available; no landscaping is therefore
planned.
It is proposed that the Subject Site would be screened by a six foot tall perimeter fence, installed
in phases to protect and visually buffer the storage units as they are installed over time.
No identification signs are planned save those mandated by ATF, the Fire Protection District and
law enforcement.
No. 7: Reclamation
The Applicants intend to operate the storage facility as proposed in this USR for the foreseeable
future.
Negligible site development will be required as the Subject Site is level for all practical purposes
and proposed improvements are portable or mobile storage modules, readily removed.
Grading will be required only to level each storage unit and access drives can following existing
contours with perimeter fencing/screening the only other above grade improvements.
As a results, future reclamation, if required, would simply entail removal of the storage units and
fencing and grading of minor elements of the Subject Site to restore it to the current situation
which is fallow, dry-land agricultural USE.
No. 8: Storm Water Drainage
This USR proposes no improvements or development that will affect historical drainage patterns.
Existing sheet storm water flows and occasional stream flows will not be disturbed. This site is
not in a flood plain.
No. 9: Construction Schedule
Upon approval of this USR, installation of not more than four storage units would take place
within one year with ultimate build out at least three years hence.
Installation of fencing and individual storage units will take less than two weeks and in all
likelihood only a few days.
No 10 Waste Storage/Stockpile
Under this USR essentially n4 wastes will be generated as negligible site development is
necessary. Spoil from any leveling required storage units will be distributed to maintain existing
contours or deposited on adjacent agricultural lands owned by the Applicants.
r
i i
FI1 LD CHECK inspection date: 2/5/03
CASE NUMBER: USR-1416
APPLICANT: Wiliam & Ann Stonebral2er
LEGAL DESCRIPTION: Part of the NW4 28-2-64
LOCATION: South of and adjacent to WCR 18; 1 mile east of WCR 53
Zoning Land Use
N A (Agricultural) N Agland w/single family residence
E A (Agricultural) E Agland
S A (Agricultural) S Interstate 76
W A(Agricultural) W Agland (single family residence and oil & gas
tank battery approx. '/z mile east)
COMMENTS:
* Site is farmground.
* Existing residence on northwest corner of property abandoned.
* site slopes gradually from north to south towards the middle of the property.
Chris Gathman, Current Planner
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WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY,CO 80631
PHONE(970)353-6100, EXT.3540-FAX(970)304-6498
DATE: I ? / /6 / 20( t RECEIPT 091u5
RECEIVED FROM:
NO. TYPE FEES
4221 -RE/SE
4221 -ZPMH
4221 -USR !' /./
4221 -SITE PLAN REVIEW
4221 -COZ
4221 -PUD
4221 -SUBDIVISION
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
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CASH CHECK NO: TOTAL
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Storage
66. Who must meet storage requirements? 72. What are the requirements for making
All persons who store explosive materials must changes or additions to an approved storage
store them in conformity with the provisions of facility?
Subpart K of the regulations, unless the person or Making changes in construction to an approved
the materials are exempt from regulation. [18 explosives magazine or adding a magazine require
U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164, that ATF be notified. Mobile or portable type 5
55.201(a)] magazines and magazines used for the temporary
(under 24 hours) storage of explosive materials are
67. What are the classes of explosive exempt from this requirement. See 27 CFR 55.63
materials for storage purposes? for details.
There are 3 classes of explosive materials:
(a) High explosives(for example, dynamite, flash 73. Is any type of black powder fuse exempt
powders,and bulk salutes); from storage requirements?
(b) Low explosives (for example, black powder, Yes, 3/32-inch and other external burning
safety fuses,igniters,igniter cords,fuse lighters,and pyrotechnic hobby fuses are exempt from the
"display fireworks" classified as UN0333, UN0334, requirements of Federal explosives laws and
or UNO335 by U.S. Department of Transportation regulations. [18 U.S.C. 845(aX4); 27 CFR 55.11:
regulations at 49 CFR 172.101, except for bulk definition of"ammunition",55.141(a)(4),55.141(b)]
salutes;and
(c) Blasting agents (for example, ammonium 74. With the exception of 3/32-inch
nitrate-fuel oil and certain water gels). [27 CFR pyrotechnic safety fuse for use in small arms,
55.202] must black powder fuses generally be stored in
approved explosives magazines?
68. May a person store explosive materials In Yes. Generally igniter fuses, time fuses, blasting
a residence or dwelling? fuses, safety fuses, or other black powder fuses by
No. [27 CFR 55.208(b), 55.210(b), 55.211(b)] whatever name known, must be stored in approved
magazines.
69. What is the "American Table of
Distances"? 75. Is smokeless powder designed for use in
This table lists the minimum acceptable distances small arms ammunition subject to the
separating explosives magazines from inhabited explosives storage requirements?
buildings,passenger railroads,public highways, and No. Smokeless powder designed for use in small
other explosives magazines. The table is contained arms ammunition is exempt from regulation under
in 27 CFR 55.218. 18 U.S.C. Chapter 40 and the regulations in 27
CFR Part 55. However, smokeless powder
70. When low and high explosives are stored intended for this purpose is subject to control under
together, how is the distance determined to 27 CFR Part 178, "Commerce in Firearms and
meet the table of distance requirements? Ammunition", as a component of ammunition (see
The table of distances at 27 CFR 55.218 would also Question 17). [18 U.S.C. 845(a)(4); 27 CFR
be applied using the total weight of explosive 55.11:definition of"ammunition",55.141(a)(4)]
materials in the magazine. [27 CFR 55.218]
76. My office building, in which several
71. Is it necessary to inspect my explosives company employees work during the day In
magazines on a regular basis? connection with my explosives business, is
Yes. My person storing explosives must inspect located in the general area of my explosives
the magazines at least once every 7 days to magazine. Do the regulations and the Table of
determine whether there has been unauthorized Distances apply to this building as an
entry or attempted entry into the magazines or "inhabited building"?
unauthorized removal of the contents of the No. A building such as an office building or repair
magazines. [27 CFR 55.204] shop which is a part of the premises of an
explosives business and is used by the business in
connection with the manufacture, transportation,
63
storage, or use of explosive materials is not an can be hardened by heat treatment Only the outer
"inhabited building". [27 CFR 55.11: definition of skin gets hard in this manner. The center is still
"inhabited building",55.218] tough and malleable. This makes for a strong lock
with a tough surface.
77. I bought 12 sticks of dynamite to blast
stumps on my property. I have 4 sticks left 80. Can shock tube be stored with
over. May I give them to my brother,who does detonators?
not have a Federal explosives license or No. However, products which are manufactured
permit? with a detonator attached to the shock tube as an
Yes, if your brother resides in the same State in integral part need not be disassembled and stored
which you reside and he is not within any of the separately. [27 CFR 55.213(b)]
categories of persons to whom explosive materials
may not be lawfully distributed. If either you or your 81. Can detonators be stored with detonating
brother store the dynamite, storage must be in cord?
conformity with Federal explosives regulations (see No. However, products which are manufactured
Question 66). [18 U.S.C. 842(j); 27 CFR 55.29, with a detonator attached to the detonating cord as
55.201] an integral part need not be disassembled and
stored separately. [27 CFR 55.213]
78. Am I required to notify my State or local
authorities about my explosives storage 82. Are there storage requirements for
magazines? oxidizers,such as ammonium nitrate?
Yes. Any person who stores explosive materials Generally, no. However, if ammonium nitrate is
must notify the fire department having jurisdiction located within the sympathetic detonation distance
over the site where explosive materials are of explosives,or blasting agents, it must be stored in
manufactured or stored. Notification must be made accordance with the table of distances in 27 CFR
orally by the end of the day on which storage begins 55.220.
and In writing within 48 hours from the time storage
began. The notification must include the type of 83. Are State and local government agencies
explosive materials, magazine capacity, and the required to store their explosive materials In
location of each storage site. [27 CFR 55.11: conformity with Federal storage regulations?
Definition of "authority having jurisdiction for fire Yes. Although Federal agencies are exempt from
safety', 27 CFR 55.201(f)] the storage requirements, there is no exemption in
the law or regulations for the storage of explosive
79. What is a"case hardened shackle?" materials by State and local agencies. [18 U.S.C.
Case hardening involves putting carbon (or a 845(aX6);27 CFR 55.141(aX3),(a)(5)]
combination of carbon and nitrogen)into the surface
of the steel to make it a high-carbon steel, which
Fireworks
84. Are "display fireworks" considered to be mg of salute powder. [27 CFR 55.11: definition of
explosive materials subject to regulation under "display fireworks"]
Federal explosives laws and regulations?
Yes. "Display fireworks" includes, but is not 85. How must display fireworks be stored?
limited to, salutes containing more than 2 grains Display fireworks are considered to be low
(130 mg) of explosive materials, aerial shells explosives and, at a minimum, must be stored in
containing more than 40 grams of pyrotechnic type 4 storage magazines. They may also be
compositions, and other display pieces which stored in type 1 or type 2 magazines for the storage
exceed the limits of explosive materials for of high explosives. [27 CFR 55.202(b), 55.203(d),
classification as "consumer fireworks". These 55.210]
fireworks are classified as fireworks UN0333,
UN0334, or UN0335 by regulations of the U.S. 86. What fireworks are exempt from
Department of Transportation at 49 CFR 172.101. regulation under 18 U.S.C. Chapter 40 and 27
Display fireworks also include fused setpieces CFR Part 55?
containing components which together exceed 50
52
__ § 55.224 Table of distances for the storage of display fireworks(except bulk salutes).
Distance between magazine and
Net weight of fireworkl inhabited building,passenger Distance beets
(pounds) railway,or public highway3 4 nwgazLros2 3 goat)
(MM)
0-1000 150 100
4* e 1001-5000 Z30 170 Is
o10000 300e0
Use Tab �
Above 10000 let 05210
Ile*
t Net weight is the weight of all pyrotechnic in the Federal Register), the distances in this table
compositions, and explosive materials and fuse may be halved if properly barricaded between the
only. magazine and potential receptor sites.
For the purposes of applying this table, the term 'This table does not apply-to•thester11 sfbulk
magazine" also includes fireworks shipping salutes. Use table at§55.218.•
buildings for display freworks. [T.D.ATF-293,55 FR 3723,Feb.5,1990;T.D.ATF-400,
3 For fireworks storage magazines in use prior to 63 FR 44999,45004,Aug.24,1998)
(30 days from the date of publication of the final rule
39
_.I (b) Was plastic explosive that, by April 24, 1999, [T.D.ATF-387,62 FR 8374,8377,Feb.25,1997)
will be or is incorporated in a military device within
the territory of the United States and remains an § 55.184 Statements of process and samples.
integral part of such military device, or is intended to (a) A complete and accurate statement of
be, or is incorporated in, and remains an integral prof-pigs with regard to any plastic explosive or to
part of a military device that is intended to become, any detection agent that is to be introduced into a
or has become, the property of any agency of the plastic explosive or formulated in such plastic
United States pertbrming military or police functions explosive shall be submitted by a licensed
(including any military reserve component) or the manufacturer or licensed importer, upon request, to
National Guard of any State,wherever such device the Director.
Is located. For purposes of this paragraph,the term (b) Samples of any plastic explosive or detection
"military device" includes, but is not restricted to, agent shall be submitted by a licensed manufacturer
shells, bombs, projectiles, mines, missiles, rockets, or licensed importer,upon request,to the Director.
shaped charges, grenades, perforators, and similar R.D.ATF-387,62 FR 8374,8078,Feb.25,1997]
devices lawfully manufactured exclusively for
military or police purposes. § 55.185 Criminal sanctions.
[T.D.ATF-387,62 FR 8374,8377,Feb.25, 1997] Any person who violates the provisions of 18
U.S.C. 842(l)-(o) shall be fined under title 18,
§ 55.183 Importation of plastic explosives on U.S.C., imprisoned for not more than 10 years, or
or after April 24,1997. both.
Persons filing Form 6 applications for the [T.D.ATF-387,62 FR 8374,8378,Feb.25,1997]
importation of plastic explosives on or after April 24, 55.186 Seizure or forfeiture.
1997, shall attach to the application the following § plastic e explosive rr that does not contain a
under statement, prepared in triplicate, executed Mdetection agent in violation of 18 U.S.C.842(I}(n) is
under the penalties of perjury:
(a) "I declare under the penalties of perjury that subject to seizure and forfeiture, and all provisions
the plastic explosive to be imported contains a of 19 U.S.C. 1595a, relating to seizure, forfeiture,
detection agent as required by 27 CFR 55.180(b)"; and disposition of merchandise Introduced or
or, attempted to be introduced Into the U.S. contrary to
(b) "I declare under the penalties of perjury that law, shall extend to seizures and forfeitures under
the plastic explosive to be imported is a "small this subpart. See § 7227 of this chapter for
amount"to be used for research, training, or testing regulations on summary destruction of plastic
purposes and is exempt from the detection agent explosives that do not contain a detection agent.
requirement pursuant to 27 CFR 55.182." [T.D.ATF-387,62 FR 8374,8378,Feb.25,1997)
Subpart K—Storage
§ 55.201 General. construction approved by the Director prior to
(a) Section 842(j) of the Act and § 55.29 of this August 9, 1982, will continue as approved unless
part require that the storage of explosive materials notified In writing by the Director. Any person
by any person must be in accordance with the Intending to use alternate magazine construction
regulations in this part. Further, section 846 of this shall submit a letter application to the regional
Act authorizes regulations to prevent the recurrence director (compliance)for transmittal to the Director,
of accidental explosions in which explosive specifically describing the proposed magazine.
materials were Involved. The storage standards Explosive materials may not be stored in alternate
prescribed by this subpart confer no right or magazines before the applicant has been notified
privileges to store explosive materials in a manner that the application has been approved.
contrary to State or local law. (c) A licensee or permittee who Intends to make
(b) The Director may authorize alternate changes in his magazines, or who Intends to
construction for explosives storage magazines construct or acquire additional magazines, shall
when it is shown that the alternate magazine comply with§55.63.
construction is substantially equivalent to the (d) The regulations set forth in§§55.221 through
standards of safety and security contained in this 55.224 pertain to the storage of display fireworks,
subpart. Any alternate explosive magazine pyrotechnic compositions, and explosive materials
I
40
used in assembling freworks and articles Other classes of explosive materials may also be
pyrotechnic. stored in type 1 magazines.
(e) The provisions of§55.202(a)classifying flash (b) Type 2 magazines. Mobile and portable
powder and bulk salutes as high explosives are indoor and outdoor magazines for the storage of
mandatory after March 7, 1990: high explosives, subject to the limitations prescribed
Provided, that those persons who hold licenses by§§55.206,55.208(b),and 55.213.Other classes
or permits under this part on that date shall, with of explosive materials may also be stored in type 2
respect to the premises covered by such licenses or magazines.
permits, comply with the high explosives storage (c) Type 3 magazines. Portable outdoor
requirements for flash powder and bulk salutes by magazines for the temporary storage of high
March 7, 1991. explosives while attended (for example, a "day-
(f) Any person who stores explosive materials box"), subject to the limitations prescribed by §§
shall notify the authority having jurisdiction for fire 55.206 and 55.213. Other classes of explosives
safety in the locality In which the explosive materials materials may also be stored in type 3.megaL._
are being stored of the type, magazine capacity, •d) Type 4 magazines. Magazines for the
and location of each site where such explosive storage of low explosives, subject to the limitations
materials are stored. Such notification shall be prescribed by§§ 55.206(b), 55.210(b), and 55213.
made orally before the end of the day on which Blasting agents may be stored in type 4 magazines,
storage of the explosive materials commenced and subject to the limitations prescribed by§§55.206(c),
in writing within 48 hours from the time such storage 55.211(b), and 55.213. Detonators that will not
commenced. mass detonate may also be stored in type 4
[T.D.ATF-87,46 FR 40384,Aug.7, 1981,as amended by magazines, subject to the limitations prescribed by
T.D.ATF-293, 55 FR 3722, Feb. 5, 1990; T.D.ATF-400, §§55.206(a),55.210(b),and 55.213.
63 FR 44999,45003,Aug.24,19981 (e) Type 5 magazines. Magazines for the
storage of blasting agents, subject to the limitations
§ 55.202 Classes of explosive materials. prescribed by§§55.206(c),55.211(b),and 55.213.
For purposes of this part, there are three classes [T.D.ATF-87,46 FR 40384,Aug.7,1981]
- of explosive materials. These classes, together with
the description of explosive materials comprising § 55.204 Inspection of magazines.
each class,are as follows: Any person storing explosive materials shall
(a) High explosives. Explosive materials which inspect his magazines at least every seven days.
can be caused to detonate by means of a blasting {\'This inspection need not be an inventory, but must
cap when unconfined, (for example, dynamite,flashi be sufficient to determine whether there has been
powders,and bulk salutes).See also§55.201(e). kit
f unauthorized entry or attempted entry into the
a(b) Low explosives. Explosive materials which` .t magazines,or unauthorized removal of the contents
can be caused to deflagrate when confined (for P r of the magazines.
* example,black powder,safety fuses, igniters, igniter f [T.D.ATF-67,46 FR 40384,Aug.7,1961]
cords, fuse lighters, ands
dassified as UN0333, UN0334, or UN0335 by the § 55.205 Movement of explosive materials.
U.S. Department of Transportation regulations at 49 All explosive materials must be kept in locked
CFR 172.101,except for bulk salutes). magazines meeting the standards in this subpart
(c) Blasting agents. (For example, ammonium unless they are:
nitrate-fuel oil and certain water-gels (see also § (a) In the process of manufacture;
55.11). (b) Being physically handled in the operating
[T.D.ATF-87,46 FR 40384,Aug.7, 1981,as amended by process of a licensee or user;
T.D.ATF-293, 55 FR 3722, Feb.5, 1990;T.D. ATF400, (c) Being used;or
63 FR 44999,45003,Aug.24,1998] (d) Being transported to a place of storage or
use by a licensee or permittee or by a person who
§ 55203 Types of magazines.
For purposes of this part, there are five types of has lawfully acquired explosive materials under §
55.106.
magazines. These types, together with the classes
of explosive materials,as defined in§55.202,which [T.D.ATF-87,46 FR 40384,Aug.7,1981)
will be stored in them,are as follows: § 55.206 Location of magazines. 1111
(a) Type 1 magazines. Permanent magazines (a) Outdoor magazines in which high explosives
for the storage of high explosives, subject to the are stored must be located no closer to inhabited
limitations prescribed by §§ 55.206 and 55.213. buildings, passenger railways, public highways, or
41
other magazines in which high explosives are sand with enough water to dampen the mixture
stored, than the minimum distances specified in the while tamping in place). Interior walls are to be
table of distances for storage of explosive materials constructed of, or covered with, a nonsparking
in§55.218. material.
(b) Outdoor magazines in which low explosives (2) Fabricated metal wall construction. Metal
are stored must be located no closer to inhibited wall construction is to consist of sectional sheets of
buildings, passenger railways, public highways, or steel or aluminum not less than number 14-gauge,
other magazines in which explosive materials are securely fastened to a metal framework. Metal wall
stored, than the minimum distances specified in the construction is either lined inside with brick, solid
table of distances for storage of low explosives in § cement blocks, hardwood not less than four inches
55.219, except that the table of distances in § thick,or will have at least a six inch sand fill between
55.224 shall apply to the storage of display interior and exterior walls. Interior walls are to be
freworks.The distances shown in§55.219 may not constructed of, or covered with, a nonsparking
be reduced by the presence of barricades. material. a
(c)(1) Outdoor magazines in which blast1 (3) Wood frame wall construction. The
agents in quantities of more than 50 pounds are exterior of outer wood walls is to be covered with
stored must be located no closer to inhabited iron or aluminum not less than number 26-gauge.
buildings, passenger railways, or public highways An inner wall of, or covered with nonsparking
than the minimum distances specified in the table of material will be constructed so as to provide a space
distances for storage of explosive materials in § of not less than six inches between the outer and
55.218. inner walls.The space is to be filled with coarse, dry
(2) Ammonium nitrate and magazines in which sand or weak concrete.
blasting agents are stored must be located no (4) Floors. Floors are to be constructed of, or
closer to magazines in which high explosives or covered with, a nonsparking material and shall be
other blasting agents are stored than the minimum strong enough to bear the weight of the maximum
distances specified in the table of distances for the quantity to be stored. Use of pallets covered with a
separation of ammonium nitrate and blasting agents nonsparking material is considered equivalent to a
in § 55.220. However, the minimum distances for floor constructed of or covered with a nonsparking
magazines in which explosives and blasting agents material.
are stored from inhabited buildings,etc.,may not be (5) Foundations. Foundations are to be
less than the distances specified in the table of constructed of brick, concrete,cement block, stone,
distances for storage of explosives materials in § or wood posts. If piers or posts are used, in lieu of a
55.218. continuous foundation, the space under the
[T.D.ATF-87,46 FR 40384,Aug.7, 1981,as amended by buildings is to be enclosed with metal.
T.D.ATF-293, 55 FR 3722, Feb. 5, 1990;T.D.ATF-400, (6) Roof, Except for buildings with fabricated
63 FR 44999,45003,Aug.24,19981 metal roofs, the outer roof is to be covered with no
, less than number 26-gunge iron or aluminum,
§ 55.207 Construction of type 1 magazines. fastened to at least 9/8 inch sheathing.
A type 1 magazine is a permanent structure. a (7) Bullet-resistant ceilings or roofs. Where it
building, an igloo or"Army-type structure", a tunnel, is possible for a bullet to be fired directly through the
or a dugout. It is to be bullet-resistant,fire-resistant, roof and into the magazine at such an angle that the
weather-resistant theft-resistant,and ventilated. bullet would strike the explosives within, the
(a) Buildings.NI building type magazines are to magazine is to be protected by one of the following
be constructed of masonry, wood, metal, or a methods:
combination of these materials, and have no (i) A sand tray lined with a layer of building
openings except for entrances and ventilation. The paper, plastic, or other nonporous material, and
ground around building magazines must slope filled with not less than four inches of coarse, dry
away for drainage or other adequate drainage sand, and located at the tops of Inner walls covering
provided, the entire ceiling area,except that portion necessary
(1) Masonry wall construction. Masonry wall for ventilation.
construction is to consist of brick, concrete, tile, (ii) A fabricated metal roof constructed of 3/16-
cement block,or cinder block and be not less than 6 inch plate steel lined with four inches of hardwood.
inches in thickness. Hollow masonry units used in (For each additional 1/16 inch of plate steel, t4
I construction must have all hollow spaces filled with hardwood lining may be decreased one inch.)
well-tamped, coarse, dry sand or weak concrete (at (8) Doors. All doors are to be constructed of not
least a mixture of one part cement and eight parts of less than 1/4 inch plate steel and lined with at least
42
two inches of hardwood. Hinges and hasps are to § 55.208 Construction of type 2 magazines.
be attached to the doors by welding, riveting or A type 2 magazine is a box, trailer, semitrailer, or
bolting (nuts on inside of door). They are to be other mobile facility.
installed in such a manner that the hinges and (a) Outdoor magazines.
hasps cannot be removed when the doors are (1) General. Outdoor magazines are to be
closed and locked. bullet-resistant, fire-resistant, weather-resistant,
(9) Locks. Each door is to be equipped with (i) theft-resistant, and ventilated. They are to be
two mortise locks; (ii) two padlock fastened in supported to prevent direct contact with the ground
separate hasps and staples; (iii) a combination of a and, if less than one cubic yard in size, must be
mortise lock and a padlock; (iv) a mortise lock that securely fastened to a fixed object. The ground
requires two keys to open; or(v) a three-point lock. around outdoor magazines must slope away for
Padlocks must have at least five tumblers and a drainage or other adequate drainage provided.
casehardened shackle of at least 3/8 inch diameter. When unattended, vehicular magazines must have
Padlocks must be protected with not less than 1/4 wheels removed or - otherwise- -ofS _'oly
inch steel hoods constructed so as to prevent immobilized by kingpin locking devices or other
sawing or lever action on the locks, hasps, and methods approved by the Director.
staples. These requirements do not apply to (2) Exterior construction. The exterior and
magazine doors that are adequately secured on the doors are to be constructed of not less than 1/4-inch
inside by means of a bolt, lock,or bar that cannot be steel and lined with at least two inches of hardwood.
actuated from the outside. Magazines with top openings will have lids with
(10)Ventilation. Ventilation is to be provided to water-resistant seals or which overlap the sides by
prevent dampness and heating of stored explosive at least one inch when in a closed position.
materials. Ventilation openings must be screened to (3) Hinges and hasps. Hinges and hasps are to
prevent the entrance of sparks.Ventilation openings be attached to doors by welding, riveting, or bolting
in side walls and foundations must be offset or (nuts on inside of door). Hinges and hasps must be
shielded for bullet-resistant purposes. Magazines installed so that they cannot be removed when the
having foundation and roof ventilators with the air doors are closed and locked.
circulating between the side walls and the floors and (4). Locks. Each door is to be equipped with
between the side walls and the ceiling must have a (i) two mortise locks;
wooden lattice lining or equivalent to prevent the (Ii) two padlocks fastened in separate hasps and
packages of explosive materials from being stacked staples;
against the side walls and blocking the air (Ill) a combination of a mortise lock and a
dreulatinn. padlock;
(11)Exposed metal. No sparking material is to (iv) a mortise lock that requires two keys to open;
be exposed to contact with the stored explosive or
materials.All ferrous metal nails in the floor and side (v) a three-point lock.
walls, which might be exposed to contact with Padlocks must have at least five tumblers and a
explosive materials, must be blind nailed, case-hardened shackle of at least 3/8-Inch
countersunk, or covered with a nonsparking lattice diameter. Padlocks must be protected with not less
work or other nonsparking material. than 1/4-inch steel hoods constructed so as to
(b) Igloos, "Army-type structures", tunnels, and prevent sawing or lever action on the locks, hasps,
dugouts. Igloo, "Army-type structure", tunnel, and and staples.
dugout magazines are to be constructed of These requirements do not apply to magazine
reinforced concrete, masonry, metal, or a doors that are adequately secured on the Inside by
combination of these materials.They must have an means of a bolt, lock,or bar that cannot be actuated
earthmound covering of not less than 24 inches on from the outside.
the top, sides and rear unless the magazine meets (b) Indoor magazines
the requirements of paragraph(a)(7)of this section. (1) General. Indoor magazines are to be fire-
, Interior walls and floors must be constructed of, or resistant and theft-resistant. They need not be
covered with, a nonsparking material. Magazines of bullet-resistant and weather-resistant If the buildings
this type are also to be constructed in conformity in which they are stored provide protection from the
with the requirements of paragraph (a)(4) and weather and from bullet penetration.
paragraphs(a)(8)through(11)of this section. No indoor magazine is to be located in a
MD.ATF-87,46 FR 40384,Aug.7,19811 residence or dwelling. The Indoor storage of high
explosives must not exceed a quantity of 50
pounds. More than one indoor magazine may be
43
located in the same building if the total quantity of with a nonsparking material. Hinges and hasps
explosive materials stored does not exceed 50 must be attached so they cannot be removed from
pounds. Detonators must be stored in a separate the outside. One steel padlock (which need not be
magazine (except as provided in § 55.213)and the protected by a steel hood) having at least five
total quantity of detonators must not exceed 5,000. tumblers and a case-hardened shackle of at least
(2) Exterior construction. Indoor magazines 3/8-inch diameter is sufficient for locking purposes.
are to be constructed of wood or metal according to [T.D.ATF-87,46 FR 40384,Aug.7,1981)
one of the following specifications:
(I) Wood indoor magazines are to have sides, § 55.209 Construction of type 3 magazines.
bottoms and doors constructed of at least two A type 3 magazine is a "day-box" or other
inches of hardwood and are to be well braced at the portable magazine. It must be fire-resistant,
corners.They are to be covered with sheet metal of weather-resistant, and theft-resistant. A type 3
not less than number 26-gauge (.0179 inches). magazine is to be constructed of not less than
Nails exposed to the interior of magazines must be number 12-gauge(.1046-inches)steel, lined with at
countersunk. least either 1/2-inch plywood or 1/2-inch Masonite-
(ii) Metal indoor magazines are to have sides, type hardboard.
bottoms and doors constructed of not less than Doors must overlap sides by at least one inch.
number 12-gauge(.1046 inches)metal and be lined Hinges and hasps are to be attached by welding,
inside with a nonsparking material. Edges of metal riveting or bolting(nuts on inside).
covers must overlap sides at least one inch. One steel padlock (which need not be protected
(3) Hinges and hasps. Hinges and hasps are to by a steel hood) having at least five tumblers and a
be attached to doors by welding, riveting, or bolting case-hardened shackle of at least 3/8-inch diameter
(nuts on inside of door). Hinges and hasps must be is sufficient for locking purposes. Explosive
installed so that they cannot be removed when the materials are not to be left unattended in type 3
doors are closed and locked. magazines and must be removed to type 1 or 2
(4) Locks. Each door is to be equipped with magazines for unattended storage.
(i) two mortise locks; [r.D.ATF-87,46 FR 40384,Aug.7,1981]
(ii) two padlocks fastened in separate hasps and
staples; le§ 55.210 Construction of type 4 magazines.
(i
ii) a combination of a mortise lock and a A type 4 magazine is a building, igloo or "Army
-
padlock; type structure", tunnel, dugout, box, trailer, or a
(iv) a mortise lock that requires two keys to open; semitrailer or other mobile magazine.
or (a) Outdoor magazines
(v) a three-point lock. (1) General. Outdoor magazines are to be fire-
Padlocks must have at least five tumblers and a resistant, weather-resistant, and theft-resistant. The
case-hardened shackle of at least 3/8-inch ground around outdoor magazines must slope
diameter. Padlocks must be protected with not less away for drainage or other adequate drainage be
than 1/4-inch steel hoods constructed so as to provided. When unattended, vehicular magazines
prevent sawing or lever action on the locks, hasps, must have wheels removed or otherwise be
and staples. effectively immobilized by kingpin locking devices or
Indoor magazines located In secure rooms that other methods approved by the Director.
are locked as provided in this subparagraph may (2) Construction. Outdoor magazines are to be
have each door locked with one steel padlock constructed of masonry, metal-covered wood,
(which need not be protected by a steel hood) fabricated metal, or a combination of these jits
having at least five tumblers and a case-hardened materials. Foundations are to be constructed of
shackle of at least 3/8-inch diameter, if the door brick, concrete, cement block, stone, or metal or
hinges and lock hasp are securely fastened to the wood posts. If piers or posts are used, in lieu of a
magazine. continuous foundation,the space under the building
These requirements do not apply to magazine is to be enclosed with fire-resistant material. The
doors that are adequately secured on the inside by walls and floors are to be constructed of,or covered
means of a bolt,lock, or bar that cannot be actuated with, a nonsparking material or lattice work. The
from the outside. doors must be metal or solid wood covered with
(c) Detonator boxes. Magazines for detonators metal.
in quantities of 100 or less are to have sides, (3) Hinges and hasps. Hinges and hasps are to
bottoms and doors constructed of not less than be attached to doors by welding, riveting, or bolting
number 12-gauge (.1046 inches) metal and lined (nuts on inside of door). Hinges and hasps must be
44
(installed so that they cannot be removed when the Padlocks must have at least five tumblers and a
doors are dosed and locked. case-hardened shackle of at least 3/8 inch
(4) Locks. Each door is to be equipped with diameter. Padlocks must be protected with not less
(i) two mortise locks; than 1/4 inch steel hoods constructed so as to
(ii) two padlocks fastened in separate hasps and prevent sawing or lever action on the locks, hasps,
staples; and staples.
(iii) a combination of a mortise lock and a Indoor magazines located in secure rooms that
padlock; are locked as provided in this subparagraph may
(iv) a mortise lock that requires two keys to open; have each door locked with one steel padlock
or (which need not be protected by a steel hood)
(v) a three-point lock. having at least five tumblers and a case-hardened
Padlocks must have at least five tumblers and shackle of at least 3/8 inch diameter, if the door
case-hardened shackle of at least 3/8 inch hinges and lock hasp are securely fastened to the
diameter. Padlocks must be protected with not less magazine.
than 1/4 inch steel hoods constructed so as to These requirements do not apply to magazine
prevent sawing or lever action on the locks, hasps, doors that are adequately secured on the inside by
and staples. means of a bolt, lock,or bar that cannot be actuated
These requirements do not apply to magazine from the outside.
doors that are adequately secured on the inside by [T.D.ATF-87,46 FR 40384,Aug.7,1981]
means of a bolt,lock,or bar that cannot be actuated
from the outside. § 55.211 Construction of type 5 magazines.
(b) Indoor magazine A type 5 magazine is a building, igloo or "Army-
(1) General. Indoor magazines are to be fire- type stricture", tunnel, dugout, bin, box, trailer, or a
resistant and theft-resistant. They need not be semitrailer or other mobile facility.
weather-resistant if the buildings in which they are (a) Outdoor magazines
stored provide protection from the weather. (1) General. Outdoor magazines are to be
No indoor magazine is to be located in a weather-resistant and theft-resistant. The ground
residence or dwelling. The indoor storage of low around magazines must slope away for drainage or
explosives must not exceed a quantity of 50 other adequate drainage be provided. When
pounds. More than one indoor magazine may be unattended,vehicular magazines must have wheels
located in the same building if the total quantity of removed or otherwise be effectively immobilized by
explosive materials stored does not exceed 50 , kingpin locking devices or other methods approved
pounds. Detonators that will not mass detonate by the Director.
must be stored in a separate magazine and the total (2) Construction. The doors are to be
number of electric detonators must not exceed constructed of solid wood or metal.
5,000. (3) Hinges and hasps. Hinges and hasps are to
(2) Construction. Indoor magazines are to be be attached to doors by welding, riveting, or bolting
constructed of masonry, metal-covered wood, (nuts on inside of door). Hinges and hasps must be
fabricated metal, or a combination of these installed so that they cannot be removed when the
materials.The walls and floors are to be constructed doors are dosed and locked.
of, or covered with, a nonsparking material. The (4) Locks. Each door is to be equipped with
doors must be metal or solid wood covered with (i) two mortise locks;
metal. (II) two padlocks fastened in separate hasps and
(3) Hinges and hasps.Hinges and hasps are to staples;
be attached to doors by welding, riveting, or bolting (iii) a combination of a mortise lock and a
(nuts on inside of door). Hinges and hasps must be padlock;
installed so that they cannot be removed when the (Iv) a mortise lock that requires two keys to open;
doors are closed and locked. or
(4) Locks. Each door is to be equipped with (v) a three-point lock.
(1) two mortise locks; Padlocks must have at least five tumblers and a
(ii) two padlocks fastened in separate hasps and case-hardened shackle of at least 3/8 inch
staples; diameter. Padlocks must be protected with not less
(Iii) a combination of a mortise lock and padlock; than 1/4 inch steel hoods constructed so as to
(Iv) a mortise lock that requires two keys to open; prevent sawing or lever action on the locks, hasps,
or and staples.
(v) a three-point lock.
45
Trailers, semitrailers, and similar vehicular These requirements do not apply to magazine
magazines may, for each door, be locked with one doors that are adequately secured on the inside by
steel padlock (which need not be protected by a means of a bolt,lock,or bar that cannot be actuated
steel hood)having at least five tumblers and a race- from the outside.
hardened shackle of at least 3/8 inch diameter,if the [T.D.ATF-87,46 FR 40384,Aug.7,1981,as amended by
door hinges and lock hasp are securely fastened to T.D.ATF-298,55 FR 21863,May 30,1990]
the magazine and to the door frame.
These requirements do not apply to magazine § 55.212 Smoking and open flames.
doors that are adequately secured on the inside by Smoking, matches, open flames, and spat
means of a bolt, lock,or bar that cannot be actuated producing devices are not permitted:
from the outside. (a) in any magazine;
(5) Placards. The placards required by (b) Within 50 feet of any outdoor magazine;or
Department of Transportation regulations at 49 CFR (c) Within any room containing an indoor
part 172,subpart F,for the transportation of blasting magazine. j
agents shall be displayed on all magazines. [T.D.ATF47,46 FR 40384,Aug.7,1981]
(b) Indoor magazines
(1) General. Indoor magazines are to be theft- § 55.213 Quantity and storage restrictions.
resistant. They need not be weather-resistant if the (a) Explosive materials in excess of 300,000
buildings In which they are stored provide protection pounds or detonators in excess of 20 million are not
from the weather. to be stored in one magazine unless approved by
No indoor magazine Is to be located in a the Director.
residence or dwelling. Indoor magazines containing (b) Detonators are not to be stored in the same
quantities of blasting agents in excess of 50 pounds magazine with other explosive materials, except
are subject to the requirements of § 55206 of this under the following circumstances:
subpart. (1) In a type 4 magazine,detonators that will not
(2) Construction. The doors are to be mass detonate may be stored with electric squibs,
constructed of wood or metal. safety fuse,igniters,and igniter cord.
(3) Hinges and hasps.Hinges and hasps are to (2) In a type 1 or type 2 magazine, detonators
be attached to doors by welding, riveting, or bolting may be stored with delay devices and any of the
(nuts on inside). Hinges and hasps must be items fisted in paragraph(bx1)of this section.
installed so that they cannot be removed when the [T.D.ATF 87,46 FR 40384,Aug.7,1981)
doors are closed and locked. § 55.214 Storage within types 1, 2, 3, and 4
(4) Locks. Each door Is to be equipped with magazines. 1
( two mortise ti
(IIII) two padlocks fastened n separate hasps end
staples; not to be placed directly againstMario walls and
(III) a combination of a mortise lock and a must be stored so as not to interfere with ventilation.
padlock; To prevent contact of stored explosive materials
(iv) a mortise lock that requires two keys to open; with walls, a nonsparking lattice work or other
or nonsparking material may be used.
(v) a three-point lock. (b) Containers of explosive materials are to be
Padlocks must have at least five tumblers and a doh so marks are visble. Stocks of explosive
case-hardened shackle of at least 3/8 inchmaterials are to be stored so they can be easily Ats
diameter. Padlocks must be protected with not less counted and checked upon inspection.
than 1/4 Inch steel hoods constructed so as to (c) Except with respect to fiberboard or other
prevent sawing or lever action on the locks, hasps, nonmetal containers, containers of explosive
and staples. materials are not to be unpacked or repacked Inside
Indoor magazines located in secure rooms that a or within 50 feet of a magazine, and
are locked as provided in this subparagraph may
must not be unpacked or repacked close to other
have each door locked with one steel padlock explosive materials. Containers of explosive
(which need not be protected by a steel hood) materials must be dosed while being stored.
having at least five tumblers and a case-hardened (d) Tools used fa opening or closing containers
shackle of at least 3/8 Inch diameter, if the door of explosive materials are to be of nonsparking
hinges and lock hasps are securely fastened to the materials,except that metal slitters may be used fa
magazine and to the doorframe. opening fiberboard containers. A wood wedge and
a fiber, rubber, or wooden mallet are to be used for
46
opening or closing wood containers of explosive interior cleaned. Before repairing the exterior of
materials. Metal tools other than nonsparking magazines, aN explosive materials must be
transfer conveyors are not to be stored in any removed if there exists any possibility that repairs
magazine containing high explosives. may produce sparks or flame. Explosive materials
[T.D.ATF-87,46 FR 40384,Aug.7,1981) removed from magazines under repair must be
(a) placed in other magazines appropriate for the
§ 55.215 Housekeeping. storage of those explosive materials under this
Magazines are to be kept clean, dry, and free of subpart,or
grit, paper, empty packages and containers, and (b) placed a safe distance from the magazines
rubbish. Floors are to be regularly swept. Brooms under repair where they are to be properly guarded
and other utensils used in the cleaning and and protected until the repairs have been
maintenance of magazines must have no spark- completed.
producing metal parts, and may be kept in T.D.ATF-87,46 FR 40384,Aug.7,1981.
magazines. Floors stained by leakage from
explosive materials are to be cleaned according to § 55217 Lighting.
instructions of the explosives manufacturer. When (a) Battery-activated safety lights or battery-
any explosive material has deteriorated it is to be activated safety lanterns may be used In explosives
destroyed in accordance with the advice or storage magazines.
instructions of the manufacturer. The area (b) Electric lighting used in any explosives
surrounding magazines is to be kept clear of storage magazine must meet the standards
rubbish, brush,dry grass, or trees (except live trees prescribed by the "National Electrical Code,"
more than 10 feet tall),for not less than 25 feet in an (National Fire Protection Association, NFPA 70-81),
directions. Volatile materials are to be kept a for the conditions present in the magazine at any
distance of not less than 50 feet from outdoor time.All electrical switches are to be located outside
magazines. Living foliage which is used to stabilize of the magazine and also meet the standards
the earthen covering of a magazine need not be prescribed by theVational Electrical Code.
removed. (c) Copies of Invoices, work orders or similar
[T.D.ATF-87,46 FR 40384,Aug.7, 1981] documents which indicate the lighting complies with
the National Electrical Code must be available for
§ 55.216 Repair of magazines. inspection by ATF officers.
Before repairing the interior of magazines, all [T.D.ATE-87,46 FR 40384,Aug.7,1981]
explosive materials are to be removed and the
SEP 1 7 1998
1997
UNIFORM
FIRE
ODETM
VOLUME 1
International
F C Fire Code Institute
TM
osAca ci ' ,8 ., 9ypO1A710^;0.....t.iT "WTI a 41/7":°I.:I. y_ liti
\C006 a . �j�)'\, O: '` r 1=� I
1997 UNIFORM FIRE CODE 7701
7701.6
ARTICLE 77- EXPLOSIVE MATERIALS
C
SECTION 7701 —GENERAL SOFTWOOD is Douglas fir, pine or other softwood of equal
bullet-resistance free from loose knots,wind shakes or similar de-
7701.1 Scope. Manufacture, possession,storage,sale, transpor- fects.
tation and use of explosive materials shall be in accordance with STEEL 45 general purpose, hot- or cold-rolled, low carbon
Article 77.See Appendix‘I-F for excerpts from nationally recog- steel.
nized standards for separation distances for explosives.
7701.3 Permits.
Explosives class designations in parentheses refer to new clas-
sifications used by DOT. See Appendix VI-F for information on 7701.3.1 Required. Where permits are required to be issued by
explosives class designations. the chief,the chief may grant that authority to the agency having
enforcement jurisdiction. Permits shall be obtained:
EXCEPTIONS: t. The armed forces of the United States,Coast
Guard or National Guard. 1. To manufacture, possess, store, sell, display or otherwise
2. Explosives in forms prescribed by the official United States dispose of explosive materials at any location.
Pharmacopoeia. 2. To transport explosive materials.
3. The sale,possession or use of fireworks I.4G(Class C common 3. To use explosive materials.
fireworks).
4. The possession,transportation,storage and use of small arms 4. To operate a terminal for handling explosive materials.
ammunition when packaged in accordance with DOT packaging re- See Section 105, Permit e.l.
quirements.
5. The possession, storage, transportation and use of not more 7701.3.2 Unsafe material or practice. Permits for the follow-
:han 5 pounds(2.27 kg)of commercially manufactured sporting black ing materials shall be invalidated and the materials disposed of in
powder,21)pounds(9.07 kg)of smokeless powder and 10,000 small an approved,safe manner.
arms primers for hand loading of small arms ammunition for personal
consumption. 1. Dynamite having an unsatisfactory absorbent or one that
permits leakage of a liquid explosive ingredient under any condi-
6. The transportation and use of eeplosice materials by the United ;fors liable to exist during storage.
Slates Bureau at Mines.and federal-state and local law enforcement
and fire agencies acting in their official capacities. 2. Nitrocellulose in a dry and uncompressed condition in quan-
7. Special industrial explosive devices which in the aggregate tity greater than 10 pounds(4.5 kg)net weight in one package.
contain less than 50 pounds(22.7 kg)of explosive materials. 3. Fulminate of mercury in a dry condition and fulminate of
S. The possession,transportation.storage and use of blank indus. other metals in any condition except as a component of manufac-
trial power load cartridges when packaged in accordance with DOT tured articles not hereinafter forbidden.
packaging regulations.
9 when preempted by federal regula ons.
go marked decomposition, rendering the products or their use
4. Explosive compositions that ignite spontaneously or under-
II, The use and handling of fireworks 1.3O(Class B fireworks)as
set forth in Article 78. more hazardous,when subjected for 48 consecutive hours or less
to a temperature of 167°F(75°C).
7701.2 Definitions. 5. New explosive materials until approved by DOT,except that
7701.2.1 General. For definitions of BATF; BLASTING permits may be issued to educational,governmental or industrial
laboratories for instruction or research purposes.
AGENT; BLASTING CAP, BULLET RESISTANT; C.F.R.;
DEA; DEFLAGRATION; DETONATION; DETONATOR; 6. Explosive materials condemned by DOT.
DOT; ELECTRIC BLASTING CAP; EXPLOSIVE; EXPLO- 7. Explosives containing an ammonium salt and a chlorate.
SIVE MATERIALS; FIREWORKS, CLASS C, COMMON;
GUNPOWDER; HIGH EXPLOSIVE; INHABITED BUILD- 7701.4 Bond. Before a permit is issued to use explosive materi-
[NG: [NTRAPLANT DISTANCE; LOW EXPLOSIVE; MAGA- als, the applicant shall file with the jurisdiction a corporate surety
ZINE; MASS-DETONATING EXPLOSIVE; PERCUSSION bond in the principal sum of 5100,000 or a public liability insur-
CAP; SPECIAL INDUSTRIAL EXPLOSIVE DEVICE; ance policy for the same amount for the purpose of the payment of
SPECIAL INDUSTRIAL HIGH-EXPLOSIVE MATERIAL; damages to persons or property which arise from,or are caused by,
SQUIB, ELECTRIC; and TEST BLASTING CAP NO. 8, see the conduct of an act authorized by the permit upon which a judi-
Article 2. cial judgment results.The chief is authorized to specify a greater
or lesser amount when, in the chief's opinion,conditions at the lo-
7701.2.2 Limited application. For the purpose of Article 77, cation of use indicate a greater or lesser amount is required.
certain terms are defined as follows: EXCEPTION: Government entities shall be exempt from this
bond requirement.
FIRE RESISTANT is construction designed to provide tea- 7701.5 Notice of New Storage and Manufacturing Sites.
sonable protection against fire. For exterior walls of magazines
constructed of wood, this shall mean tire-resistance equivalency When a new explosive material storage or manufacturing coca- `
provided by sheet metal of not less than 0.0179 inch(0.45 mm)(26 (ion, including a temporary jobsite, is established, the local law Ti
manufacturer's standard gage). enforcement agency, fire department and emergency planning
committee shall be notified immediately of the type,quantity and
HARDWOOD is red oak,white oak, hard maple, ash or hicko- location of explosive materials at the site.
ry, each of which is free from knots, wind shakes or similar de-
fects. 7701.6 Access Road Signs. At the entrance to explosive materi-
al manufacturing and storage sites,all access roads shall be posted
PLYWOOD is A-C exterior grade plywood. with the following warning sign or other approved sign:
1-14
7701.6 .- _
7702.2.1 1997 UNIFORM FIRE CODE
DANGER 7702.1.9 Storage with other materials. Magazines shall be
NEVER FIGHT EXPLOSIVE FIRES used exclusively for EXPLOSIVES ARE STORED ON THIS SITE and other blasting materie als. Tools,e of aothe than approved convey-
.---
CALL losive
ors, shall not be stored in magazines.
The sign shall be weather resistant with a reflective surface and 7702.1.70 Cleaning. Magazine floors shall be swept regularly
lettering at least 2 inches es mm)high. and shall be kept clean, dry and free of grit, paper and rubbish.
Sweepings from floors of magazines shall be disposed of in ac-
7701.7 Prohibited and Limited Acts.
cordance with the instructions of the manufacturer.
7701.7.1 Manufacturing. Explosive materials shall not be 7702.1.11 Deteriorated material handling. When an explo-
manufactured without authorization by the chief. sive material has deteriorated to an extent that it is in an unstable or
explo-
7701.7.2 Limits established by law. Storage of explosive mate- dangerous condition, or when a liquid has leaked from an al
rials is prohibited within the limits established by law as the limits sive h material,mmd the os in t the material's son of such m manufacturer
explosive and the
of districts in which such storage is prohibited (see sample ado shall immediately work rkly contact the explv manufals shall e and the
lion ordinance, Section 6). p P- chief. The of destroying explosive materials be di-
7701.7.3 Limits based on location. The chief is authorized to reeled by persons experienced in the destruction of explosive ma-
terials. Explosive materials recovered from blasting misfires shall
limit the quantity of explosive materials allowed at any location.
mined the method of disposal.
be placed in a magazine until an experienced person has deter-
7701.8 Seizure of Explosive Materials. The chief is authorized
to seize,take,remove or cause to be removed at the expense of the shall7702 bbe dealt2 Stained floors.according to
r ftiors obi ain d fr m the
owner explosive materials offered or exposed for sale,stored,pos- man! a f wthth explo ve materials instructions sr obtained agaz the
sessed, used or transported in violation of Article 77. manufacturer of the explosive stored in the magazine.
7702.1.13 Magazine maintenance. When magazines need in-
terior repairs, all explosive materials shall he removed and the
SECTION 7702—STORAGE
floors cleaned before and after making repairs.When making ex-
7702.1 General. terior magazine repairs involving the possibility of causing a fire,
all explosive materials shall first be removed from the magazine.
7702.1.1 Magazines required. Explosive materials shall be Explosive materials removed from a magazine under repair shall
be placed either in another magazine or placed a safe distance
stared in magazines in accordance with Section 7702. from the agazine, they shall be properly guarded and ro-
A competent person shall he in charge of magazines. The person tested until repairs haver ebeen completed. Upon completion of re-
_shall be at least 21 years of age and responsible for compliance pairs, the explosive materials shall be promptly returned to the
ith all safety precautions.
magazine.
7702.1.2 Inspection. Magazines containing explosive materials 7702.1.14 Sources of ignition. Smoking, matches, flame-
shall be inspected at intervals of not greater than seven days to de- producing devices, open flames and firearms or cartridges shall
termine whether there has been an unauthorized entry or at- not be permitted inside of or within 50 feet(15 240 mm)of maga-
tempted entry into a magazine, or unauthorized removal of a zines.
magazine or its contents. Where low 7702.1.3 Security. Magazine doors shall be kept locked when ves ae stored in magazines, sark- roduc-
ing tools shall not beused.r
magazines shall be bonded and
the magazine is unattended. grounded.
7702.1.4 Posting safety rules. Current safety rules covering the 7702.1.15 Yard maintenance. The land within 25 feet (7620
operations of magazines shall be posted on the interior of each mm) of magazines shall be kept clear of rubbish, brush, dried
grass,leaves,dead trees,and live trees less than 10 feet(3048 mm)
magazine in a visible location,
7702.15 Rotating stock. When explosive material is removed greaterVhere distan esditions warrant,the chief is authorized to require
from a magazine for use, the oldest usable stocks shall be removed Combustible materials shall not be stored within 50 feet(15 240
first.
mm) of magazines.
7702.1.6 Manner of storage. Corresponding grades and brands 7702,1.16 Premises identification. The premises upon whic
shall be stored together and in such a manner that grades and brand Types 1,2,4 and 5 outdoor magazines are located shall be poste
marks are visible. Stocks shall be stored so as to be easily counted with signs reading EXPLOSIVES—KEEP OFF These signs shall
and checked.
be in contrasting colors with a minimum letter size of 3-inch(76
Packages of explosive materials shall be stacked in a stable mm)height with 1/2-inch (12.7 mm)brush stroke. Signs shall be
manner not exceeding 6 feet(1829 mm)in height. located so that a bullet passing through the sign will not strike a ' 1
7702.1.7 magazine. Signs shall not be attached to outdoor magazines. t
have Opened stock Packages of explosive materials which `—
been opened shall be closed before being placed in a mega- 7702.1.17 Location. Types 1, 2, 4, and 5 outdoor magazines 5
Inc. Packages constructed of materials other than fiberboard or shall be located in accordance with nationally recognized stand-
paper shall not be opened in a magazine. pros. See Appendix VI-F.
7702,1.8 p
Damaged material. Packages of damaged explosive 7702.2 Retail Sales. T,
r !ills shall not be unpacked or repacked in or within 50 feet 7702.2.1 General. Indoor storage and display of gunpowder and
(. 40mm)ofama P IA"
tinny.to other explosive m or inhabited building or in close prox- ammunition for retail sales shall be in accordance with Sec- 'tn
plosive materials. r
7—ISO • lion 7702.2, Sec-
3D,
1997 UNIFORM FIRE CODE 7702.2.1.7-7702.3.2
TABLE 7702.3-A
7702.2.1.1 Storage. The maximum quantities, storage condi- by a distance of 25 feet (7620 mm) or by a fire partition
tions, and fire-protection requirements for gunpowder and ammu- having a fire-resistive rating of at least one hour,and
nition stored in a building shall be as follows: 3.6 The building shall be protected by an automatic sprinkler
I. Smokeless powder— system.
200 pounds(90.7 kg)in a Type 4 magazine,or 7702.2.1.2 Display. The maximum quantities, storage condi-
tions,pounds (181.4 kg) in separateportable e 4 ma a- and fire-protection requirements for gunpowder and ammu-
400 p TYP g nition displayed in a building shall be as follows:
zines in a completely sprinklered building.The quantity of
product in a magazine shall not exceed 200 pounds (90.7 1. Smokeless powder-20 pounds(9.07 kg)in original con-
kg). tainers.
2. Commercially manufactured sporting black powder— 2. Black powder—NONE.
25 pounds (11.3 kg) in a separate, portable Type 4 maga- 3. Small arms primers or percussion caps=
zinc. 10,000 in a nonsprinklered building.
3. Small arms primers or percussion caps— 25,000 in a sprinklered building.
7702.2•2 Magazine size. Indoor magazines shall not be of a size
750,000,with not more than 100,000 stored in one pile and
piles separated from each other by at least 15 feet (4572 greater than the exit door or contain more than 200 pounds(90.7
kg)of explosive materials.
mm),or
Greater than 750,000,when in accordance with the follow- 7702.2.3 Powder. The amount of powder stored in an indoor
in t3: magazine shall not exceed 200 pounds(90.7 kg).
3.1 The storage room shall not be accessible to unauthorized 7702.2.4 Combined storage. Black powder shall not be stored
persons, with small arms primers or percussion caps.
3.2 Primers or percussions caps shall be stored in a 1-inch 7702.2.5 Bulk repackaging. The bulk repackaging of powder,
(25.4 mm)nominal thickness wood cabinet or equivalent primers or percussion caps shall not be performed in retail stores.
with self-closing doors with not more than 200,000 prim- 7702.2.6 Repackaging of damaged containers. Damaged Gon-
ers or caps per cabinet, tainers shall not be repackaged.
3.3 Shelves in cabinets shall be vertically separated by at least EXCEPTION; Repackaging of damaged containers of smokeless
2 feet (6096 mm), powder into an original size and type container when approved.
— 3.4 Cabinets shall be located against walls of the storage room 7702.2.7 Separation. Buildings containing gunpowder or am-
with at least 40 feet(12 192 mm)between cabinets,or with munition in accordance with Section 7702.2 need not be located as
at least 20 feet(6096 mm)between cabinets when barn- required by Section 7702.3.3.
cades are installed midway between cabinets. Such barn- 7702.3 Storage Magazines.
cades shall be securely attached to the wall,shall project
from the wall at least 10 feet (3048 mm) and shall be at 7702.3.1 General. Explosive materials, including special in-
least twice the height of cabinets. Barricade construction dustrial high-explosive materials, shall be stored in magazines
shall be of I/4-inch(6.4 mm)boiler plate or 2 inches(50.8 which meet the requirements of Section 7702.3.
mm)of wood,brick or concrete block, 7702.3.2 Classification and use of magazines. Magazines
3.5 Primers or percussion caps shall be separated from Clam- shall be classed as Type 1, 2, 3, 4 or 5. Magazines shall be con-
mable liquids, flammable solids and oxidizing materials structed and used in accordance with Table 7702.3-A.
TABLE 7702.3-A-TYPES OF MAGAZINES REQUIRED
FOR STORAGE OF EXPLOSIVE MATERIALS
MAGAZINE TYPES'
MATERIALS 1 2 3 4 a
IHigh Explosives, 1.1D,(Class A explosives)including dynamites;cap sensitive emulsions; X X X
slurries and watergels:cast boosters.
Black Powder, 1.ID.(Class A explosives).Defined as low explosive by the Bureau of Alcohol, X X X X
Tobacco and Firearms for storage.
Detonators,1.1B,(Class A explosives) X 1 X X I-
Detonating Cords, 1.10; t.2O; 1.40; 1.40,(Class A or C explosive) X X X I
iI
Detonatorsz, 1,48: 1.45,(Class C explosive) X X X X — l Safety fuse,electric squibs,igniters and igniter curd', 1.40; 1.4S. X I x X X
nu, 1.50, 8 a1'' x 1 X X
Propellants. 1. , ass B explosives).Defined as low explosives by the Bureau of Alcohol, X X X
Tobacco and Flit, •for star e.
,....iii
I ypes indicated by"X"are allowed II
ncludes electric detonators with leg wires 4 feet(1219 mm)long or longer or detonators with empty plastic tubing 12 feet(3657.6 mm)long or longer that contain
not more than 1 gram of explosives(excluding ignition and delay charges).
3Detonmurs shall not he stored in the same magazine with other explosive materials,except that 1.4(Class C)detonators and chase described in ' nu.e. .'..1% j
allowed to he stored with safe.y fuse,electric squibs,igniters or igniter cord in Type t,2,3 or 4 magazines.
1-151
. 7702.3.3
7702.3.5.7 - 1997 UNIFORM FIRE CODE
77023.3 Location. Site magazines for the storage of high ex- space filled with well-tamped dry sand or a well-tamped sand/cc-
plosives and blasting agents shall be located in accordance with ment mixture.
nationally recognized standards. See Appendix V7-F.Magazines
_— for the storage of low explosives shall be located in accordance 18, Exterior of 1,g-inch(3.2 mm)steel, lined with a first inter-
with nationally recognized standards. See Appendix VI-F. The mediate layer of 3/4-inch (19.1 mm) plywood, a second inter-
round around outdoor magazines shall be graded such that water mediate layer of 35/8 inches(92.1 mm)of a well-tamped dry sand
3/a-inch sand/cement mixture and an interior lining of (19.1
drains away from the magazines.
mm)plywood.
77023.4 Bullet-resistant construction.
19. Exterior of any type of fire-resistant material,lined with a
7702.3.4.1 General. Magazines which are required to be bullet first intermediate layer of 3/4-inch (19.1 mm)plyw ood,a second
resistant shall be constructed using a method specified in Section intermediate layer of 35/8 inches(92.1 mm)of stamped dry
7702.3.4. Steel and wood dimensions indicated are actual thick- sand or sand/cement mixture,a third intermediate l laayerer of 9
nesses. Concrete block and brick dimensions indicated are the 4-inch
(19.1 mm)plywood, and a fourth intermediate layer of 2•itrches
(50.8 mm)of hardwood or not less than 0.068 inch (1.7 mm)of
manufacturer's represented thicknesses.
7702.3.4.2 Specified construction. The following methods are steel and an interior lining of 3/4-inch (19.1 mm)plywood.
acceptable as bullet-resistant construction: 20. Eight-inch-thick (203.2 mm)solid concrete.
1. Exterior of 5/8-inch(15.9 mm)steel,lined with an interior 7702.3.4.3 Tested construction. Methods of construction other
than those specified in Section 7702.3.4.2 are acceptable as bullet-
of any type of nonsparking material, resistant
2. Exterior of 1/
,-inch (12.7 mm)steel, lined with an interior determine construction
bullet res sta ce shall be co herein,
nducted on test p netts or
of not less than 3/g-inch(9.5 mm)plywood. empty magazines which shall resist five out of five shots placed
3. Exterior (9.5
mm)of hardwood. by 914.4 mm). For ceilings and roofs,the bullet shall he fired at an
angle 4. Exterior of 3/8-inch (9.5 mm)steel.lined with an interior of the bullet shall be fired from the perpendicular.
tired perpendicullarto the wall walls
wallor door. See
3 inches(76.2 mm)of softwood or 21/a inches(57.2 mm)of ply- BULLET RESISTANT in Section 203.
wood.
5. Exterior of 1/4-inch (6.4 mm)steel,lined with an interior of 7702.3.5 'type ] magazines.
3 inches(76.2 mm)of hardwood, 77023.5.1 General. Type I magazines shall be constructed in
6. Exterior of 1/4-inch(6.4 mm)steel,lined with an interior of accordance with the Building Code and Section 7702.3.5.
5 inches(127 mm)of softwood or 51/4 inches(133.4 mm)of ply- A Type 1 magazine shall he a permanent structure such as a
wood. building, igloo, tunnel or dugout. It shall be bullet resistant, fire
7. Exterior of 1/4-inch(6.4 mm)steel,lined with an intermedi- resistant, weather resistant, theft resistant and ventilated.
ate layer of 2 inches(50.8 mm)of hardwood and an interior lining 7702.3.5.2 Walls. Walls shall be bullet resistant as specified in of 11/2 inches(38.1 mm)of plywood. Section 7702.3.4.
8. Exterior of 3/36-inch(4.8 mm)steel,lined with an interior 77023.5.3 Floors. Floors shall be constructed of wood or other
of 4 inches(101.6 mm)of hardwood. suitable nonsparking materials.
9. Exterior of 3/16-inch(4.8 mm)steel,lined with an interior 7702.3.5.4 Foundations. Foundations shall be constructed of
of 7 inches(177.8 mm)of softwood or 63/4 inches(171.4 mm)of brick, concrete, cement block. stone or wood posts. If piers or
plywood. posts are used in lieu of a continuous foundation,the space under
10. Exterior of 3/16-inch(4.8 mm)steel,lined with an interme- the buildings shall be enclosed with fire-resistant materials.
diate layer of 3 inches(76.2 mm)of hardwood and an interior lin- 7702.3.5.5 Bullet-resistant roofs or ceilings. Where it is possi-
ing of 3/4-inch (19.1 mm)of plywood. ble for a bullet to be fired directly through the roof and into the
11. Exterior of 1/8-inch(3.2 mm)steel,lined with an interior of magazine at such an angle that the bullet could strike the explo-
5 inches(127 mm)of hardwood, slues within, the magazine roof shall be bullet resistant as speci-
12. Exterior of 1/g-inch(3.2 mm)steel,lined with an interior of fied in Section 7702.3.4 or shall be protected by one of the
following methods:9 inches(228.6 mm)of softwood.
13. Exterior of i/g-inch(3.2 mm)steel,lined with an intermedi- 1. A sand tray having a depth of 4 inches(101.6 mm)of sand
ate layer of 4 inches(101.6 mm)of hardwood and an interior lin- and,except ep at the top of the inner y for covering the entire ceiling
ing of 3/4-inch(19.1 mm)plywood area, that portion necessary for ventilation.
14. Exterior of any type of fire-resistant material which is 2. Either not less than 0.033-inch (0.84 mm) (20 gage) steel with
structurally sound, lined with an intermediate layer of 4 inches 4 inches(101.6 mm)of hardwood or not less then 0.043-inch
(1.1 mini(18 gage)aluminum with 7 inches(177.8 mm)of hard-
(101.6 mm)of solid concrete block or 4 inches(101,mm)of solid w
brick or 4 inches(101.6 mm)of solid concrete,and an interior lin- °od.
ing of 1/2-inch (12.7 mm)plywood placed securely against the ma- 7702.3.5.6 Doors. Doors shall be bullet resistant as specified in
sonry lining. Section 7702.3.4.Hinges and hasps shall be attached to the doors
15. Standard 8-inch (203.2 mm) concrete block with voids by welding,riveting,or bolting with nuts on the inside of the door.
Hinges and hasps shall be installed in such a manner that they can-
filled with a well-tamped sand/cement mixture.
not be removed when the doors are closed and locked.
16. Standard 8-inch(203.2 mm)solid brick. 77023.5.7 Loc . Each door shall be equipped with two m rtis
17. Exterior of any type of fire-resistant material which is locks,two padlocks fastened in separate hasps and staples,a com-
structurally sound,lined with an intermediate 6-inch(152.4 mm) bination of a mortise lock and a padlock, a mortise lock that re-
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1997 UNIFORM FIRE CODE F _ 7702.3.5.7
7702.3.10
quires two keys to open, or a three-point or equivalent-type lock 7702.3.8 Type 4 magazines. Type 4 magazines shall be con-
that secures the door to the frame at more than one point.Padlocks structed in accordance with the Building Code and Section
shall be steel having at least five tumblers and at least a 3/g-inch 7702.3.8.
(9.5 mm)diameter case-hardened shackle.Padlocks shall be pro- A Type 4 magazine shall he a permanent, portable or mobile
tected by not less than 1/4-inch(6.4 mm)steel hoods constructed in structure,such as a building,igloo,box,semitrailer or other mo- A a manner which prevents sawing or lever action on the locks, bile container, which shall be fire resistant, theft resistant and
hasps and staples. weather resistant.
EXCEPTION: Magazine doors that are adequately secured on the Outdoor magazines shall be constructed of masonry, metal-
inside by means of a bolt.lock or bar that cannot he actuated from the covered wood, fabricated metal or a combination of these
outside. materials. Doors shall be metal or solid wood covered with metal.
7702.3.5.8 Ventilation. Ventilation shall be provided to prevent Permanent magazines shall be constructed as required for Type
dampness and heating of stored explosive materials. Ventilation 1 magazines with respect to foundations, floors, ventilation and
openings shall be screened to prevent the entrance of sparks.Ven- locking devices. Vehicular magazines shall be immobilized when
tilation openings in side walls and foundations shall be offset or unattended as required for Type 2 magazines.
shielded for bullet-resistant purposes. Magazines having founda• 7702.3.9 Type 5 magazines. Permanent Type 5 magazines shall
tion and roof ventilators with the air circulating between the side be constructed in accordance with the Building Code and Section
walls and the floors and between the side walls and the ceiling 7702.3.9.Temporary Type 5 magazines shall be constructed in ac-
shall have a wooden lattice or equivalent to prevent the packages cordance with Section 7702.3,9.
of explosive materials from being stacked against the side walls
and blocking the air circulation. A Type 5 magazine shall be a building, igloo, box, bin, tank,
semitrailer,bulk-trailer,tank trailer,bulk truck,tank truck or other
7702.3.5.9 Exposed metal. Sparking material shall not be ex- mobile container.
posed to contact with the stored explosive materials.Ferrous met- Outdoor Type 5 magazines shall be weather resistant and theft
al nails in the floor and side walls, which could be exposed to resistant.
contact with explosive materials shall be blind nailed, counter- Construction shall be of wood, wood covered with metal, ma-
sunk or covered with a nonsparking latticework or other non- sonry,fabricated metal or a combination of these materials. Doors
sparking material. shall be metal or solid wood.
7702.3.6 Type 2 magazines. Type 2 magazines shall be con- Permanent Type 5 magazines shall be constructed as required
structed in accordance with Section 7702.3.6. for Type I magazines with respect to foundations,floors,ventila-
tion and locking devices.
A Type 2 magazine shall be a box, trailer, semitrailer or other Vehicular magazines shall be immobilized when unattended,as
mobile facility. required for Type 2 vehicular magazines.
A Type 2 magazine shall be bullet resistant, fire resistant, Over-the-road trucks and semitrailers used for temporary stor-
weather resistant,theft resistant and ventilated. age shall have each door locked with one steel padlock having at
Walls,ceiling and roof construction.hinges,hasps,locks,venti- least five tumblers and a case-hardened shackle of at least 3;8-inch
iation, and interior construction shall be constructed as required (9.5 mm)diameter.The door hinges and lock hasp shall be secure-
for Type 1 magazines. ly fastened to the magazine and the door frame.
EXCEPTION: Magazine doors that are adequately secured on the
Type 2 magazines shall be supported to prevent the floor from inside by means of a bolt-lock or bar that cannot be actuated from the
having direct contact with the ground. Magazines less than 1 cubic outside.
yard(0.76 m3)in size shall be fastened to a fixed object to prevent Type 5 storage magazines in trailers shall display BLASTING
theft of the entire magazine. AGENT placards, as required by Section 7703.2.10 on the trailer '
when any quantity of blasting agents(Explosives, 1.5D—see Ap-
Vehicular magazines shall be immobilized by removing the pendix VI-F) is contained therein.
wheels, locking with a kingpin locking device or other approved
methods. 7702.3.10 Indoor magazines. Indoor magazines shall be con-
structed in accordance with Section 7702.3.10.
7702.3.7 Type 3 magazines. Type 3 magazines shall be con- Indoor magazines shall be fire resistant and theft resistant. In-
structed in accordance with Section 7702.3.7. door magazines constructed of wood shall have sides,bottoms and
A Type 3 magazine shall be a"day box"or other portable maga- lids or doors constructed of 2-inch(50.8 mm)wood and shall be
tine. Type 3 magazines shall be theft resistant, fire resistant and well braced at corners.The magazines shall be covered on the
weather resistant. tenor with steel not less than 0.OI6 inch (0.41 mm) (26 gage)thick. Indoor magazines constructed of metal shall have sides,
Type 3 magazines shall be constructed of not less than bottoms and lids or doors constructed of not less than 0.097-inch
0.097-inch (2.5 mm) (12 gage) steel lined with at least 1/2-inch (2.5 mm) (12 gage) steel and shall be lined with a minimum of
(12.7 mm)plywood or masonite. Doors shall overlap sides by at 1/2 inch(12.7 mm)of nonsparking material.
least 1 inch(25.4 mm). EXCEPTION:Type 5 indoor magazines used for the storage of
blasting agents(Explosives. 1.5O—see Appendix VI-F)need not be ,
Hinges and hasps shall be attached by welding,riveting or bolt- fire resistant.
ing with nuts on the inside.Type 3 magazines shall have one steel Indoor magazines need not be bullet resistant or weather resis-
padlock having at least five tumblers and a case-hardened shackle tant if the buildings in which they are stored provide protection
of at least 3/a-inch(9.5 mm)diameter. from the weather and bullet penetration.
Explosive materials shall not be left unattended in a Type 3 Hinges and hasps shall be attached to doors or lids by welding,
magazine. When Type 3 magazines will be left unattended,explo- riveting or bolting with nuts on the inside so that doors or lids can-
sive materials shall first be moved to a T,pc I n 2 :-.i;azine. not be-a'nuv cl when.cicu cc!.trsi locked.
1-153
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