Section 675 IAC 22-2.5-36 - Chapter 56; explosives and fireworksAuthority: IC 22-13-2-2
Affected: IC 22-11-14; IC 22-12-7; IC 22-13; IC 22-14-4-2; IC 35-47.5-4-4; IC 35-47.5-4-4.5; IC 36-8-17
Sec. 36.
Chapter 56 is amended as follows:
(a) Amend Section 5601.1 as follows: (1) Delete the text of Exception 4 and insert the following: Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, if the black powder is intended to be uses solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.(2) Add Exception 10 to read as follows: 10. The sale, possession, use and handling of fireworks 1.3G (Special fireworks) as set forth in NFPA 1123 ( 675 IAC 28-1-39) .(3) Add Exception 11 to read as follows: 11. The sale, possession, or use of fireworks 1.4G (Class C common fireworks).(4) Add Exception 12 to read as follows: 12. The sale, transfer, storage, possession, use and handling of pyrotechnics before a proximate audience as set forth in NFPA 1126 ( 675 IAC 22-2.2-26) .(b) Amend Section 5601.1.1 as follows: (1) Delete ", sale, handling" without substitution.(2) Insert as the second sentence "NFPA 495 was adopted by the Commission at 675 IAC 26-3 as part of the regulations for possession and usage of explosives for all uses except coal mining.".(c) Amend Section 5601.1.2 to delete ", the operation of explosive material terminals shall conform to the provisions of NFPA 498" without substitution.(d) Delete Section 5601.1.3 in its entirety without substitution.(e) Delete Section 5601.1.4 without substitution.(f) Amend Section 5601.1.5 as follows: (1) Delete "NFPA 490 and" without substitution.(2) Insert "and 675 IAC 26-3 " after "Chapter 63".(3) Delete the exception without substitution.(g) Amend Section 5601.2 to delete the text and insert to read as follows: Permits shall be as required in IC 22-11-14, IC 35-47.5-4-4, 675 IAC 12-3, and 675 IAC 12-9-4.(h) Amend Section 5601.2.1 to delete the title and text in its entirety and insert the following: Bond. See IC 22-14-4-2.(i) Delete Section 5601.2.2 without substitution.(j) Delete Section 5601.2.3 without substitution.(k) Delete Section 5601.2.4 in its entirety without substitution.(l) Delete Section 5601.3 without substitution.(m) Amend Section 5601.4 as follows: (1) Delete "blasting," without substitution.(2) Add a second sentence to read as follows: Persons in charge of blasting shall comply with IC 35-47.5-4-4.5 and 675 IAC 26.(n) Delete Section 5601.5 without substitution.n (o) Amend Section 5601.6 to delete "48 hours in advance, not including Saturdays, Sundays, and holidays," and insert "immediately".(p) Delete Section 5601.7 without substitution.(q) Amend Section 5603.5 to delete "pyrotechnic display operator or" and "all aerial shells that fail to fire or" without substitution.(r) Amend Section 5603.6 to delete "DOL 29 CFR, Part 1910.1200, and" without substitution.(s) Amend Section 5604.2 as follows: (1) Delete "or NFPA 1124" without substitution.(2) Insert, after "NFPA 495", "as adopted by the Commission at 675 IAC 26-3 ".(3) Delete Exception 2 without substitution.(4) Insert, after "NFPA 1123", "as adopted at 675 IAC 28-1-39 ".(5) Delete "NFPA 1126" without substitution.(t) Amend Section 5604.5.3.1 to delete "Wherever practicable," without substitution.(u) Amend Section 5604.6.2 to delete "as prescribed in NFPA 495" without substitution.(v) Amend Section 5604.6.3 to delete ", except as provided in NFPA 495" without substitution.(w) Amend Section 5604.6.5.2 to delete "as required" and "by DOTn 49 CFR, Part 172 and DOTy 27 CFR, Part 55" without substitution.(x) Amend Section 5604.7.1 to insert "as adopted by the Commission at 675 IAC 26-3 " after "NFPA 495".(y) Delete Section 5604.10.1 without substitution.(z) Amend Section 5604.10.5 as follows: (1) In the first sentence, delete "practicable".(2) In the third sentence, delete, "When possible," without substitution, and delete "adequate" and insert "approved".(aa) Amend Section 5605.1 as follows: (1) Insert, after "NFPA 495", "as adopted by the Commission at 675 IAC 26-3 ".(2) Delete "or NFPA 1124" without substitution.(3) Insert, in Exception number 2, "as adopted by the Commission at 675 IAC 26-3 " after "NFPA 495".(4) Insert, in Exception number 3, "as adopted by the Commission at 675 IAC 22-2.2-26 " after "NFPA 1126".(bb) Amend Section 5605.2 to insert, before "406 ", "and" and delete "and 407". (cc) Delete Section 5605.2.1 without substitution. (dd) Delete Section 5605.2.2 without substitution.(ee) Amend Section 5605.3 as follows:(1) Delete the exception in its entirety without substitution.(2) In the third sentence, delete "a suitable" and insert "an approved", and delete "adequate" and insert "approved".(3) Delete the last paragraph without substitution.(ff) Amend Section 5605.4 to delete the exception without substitution.(gg) Amend Section 5605.5 to delete the exception without substitution.(hh) Amend Section 5605.5.3 to delete "Where necessary," without substitution.(ii) Amend Section 5605.6.1 to delete "warrants" and insert "creates a significant fire or explosion hazard".(jj) Amend Section 5605.6.4.1 to delete, in each sentence, "appropriate" and insert "approved.(kk) Amend Section 5605.6.8 to delete the exception without substitution.(ll) Amend Section 5605.8 to delete "only in isolated areas where distance, protection from missiles, shrapnel or fly rock, and other safeguards provides protection against injury to personnel or damage to property" and insert "in accordance with 675 IAC 26-3 ".(mm) Amend Section 5606.1 as follows: (1) Insert after "NFPA 495", "as adopted by the Commission at 675 IAC 26-3 ".(2) Insert an exception to read as follows: Exception: Section 3306 does not apply to the hand loading of small arms ammunition prepared for personal use and not for resale.(nn) Amend Section 5606.3 to delete "conforming to DOTn 49 CFR, Part 173" without substitution.(oo) Amend Section 5606.3.2 to delete the exception without substitution.(pp) Delete Section 5606.4 in its entirety without substitution.(qq) Amend Section 5606.5.2.3 to delete the text of item number 1 and insert "Quantities not to exceed 750,000 small arms primers stored in a building shall be arranged such that not more than 100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572 mm) apart.".(rr) Amend Section 5606.5.2.3 to insert, at the end of item number 3, "as adopted by the Commission at 675 IAC 26-3 " after "NFPA 495".(ss) Amend Section 5607 to delete the text in its entirety and insert "See 675 IAC 26-3.".(tt) Amend Section 5608 to delete the text in its entirety and insert "See 675 IAC 28-1-39.". Filed 8/1/2014, 11:01 a.m.: 20140827-IR-675130341FRA, eff 12/1/2014Errata filed 11/19/2014, 3:00 p.m.: 20141217-IR-675140471ACAReadopted filed 8/6/2020, 2:04 p.m.: 20200902-IR-675200309RFA