272 Neb. Admin. Code, ch. 5, § 003

Current through September 17, 2024

Section 272-5-003 - Definitions

003.01 Person

"Person" shall mean any individual, firm, co-partnership, corporation, association, joint stock association, and including any trustee, receiver, assignee or personal representative thereof.

003.02 Business Enterprise

"Business Enterprise" shall mean any corporation, partnership, limited liability company, company, or joint stock company.

003.02A "Business Premises" shall mean the premises or property on which the explosive materials are manufactured, imported, stored, or distributed and shall include the premises or property where the records pertaining to the explosives are kept if different than the premises or property where the explosives are received or stored.

003.03 Explosive Materials

"Explosive Materials" shall mean explosives, blasting agents, and detonators.

003.04 Explosives

"Explosives" shall mean any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, including but not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and ignitors, and fireworks or devices containing more than one hundred thirty milligrams of explosive composition, but shall not include permissible fireworks as defined in Section 28-1241, Neb. Rev. Stat.,, gasoline, kerosene, naptha, turpentine, benzine, acetone, ethyl ether, benzol, fixed ammunition and primers for small arms, safety fuses, or matches.

003.05 Detonator

"Detonator" shall mean any device containing an initiating or primary explosive that is used for initiating detonation. Excluding ignition or delay charges, a detonator may not contain more than ten grams of explosive material per unit. The term includes, but is not limited to, electric detonators of instantaneous and delay types, detonators for use with safety fuses, detonating cord delay connectors and nonelectric of instantaneous and delay types which consist of detonating cord, shock tube, or any other replacement for electric leg wires.

003.06 Destructive devices

"Destructive devices" shall mean:

003.06A Any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, booby trap, molotov cocktail, bottle bomb, or vessel or container intentionally caused to rupture or mechanically explode by expanding pressure from any gas, acid, dry ice, or other chemical mixture, or any similar device, the primary or common purpose of which is to explode and to be used as a weapon against any person or property; or

003.06B Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in Section 003.06A and from which a destructive device may be readily assembled. The term destructive device shall not include any device which is neither designed nor redesigned for use as a weapon to be used against persons or property; any device, although originally designed for use as a weapon, which is redesigned for use as signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordinance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of Section 4684 (2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Nebraska State Patrol finds is not likely to be used as a weapon or is an antique; or any other device possessed under circumstances negating an intent that the device be used as a weapon against any person or property.

003.07 Federal Permittee

"Federal Permittee" shall mean any lawful user of explosive material who has obtained a federal user permit under the provisions of Chapter 40, Title 18, United States Code.

003.08 Federal Licensee

"Federal Licensee" shall mean any importer, manufacturer, or dealer in explosive materials who has obtained a federal importers, manufacturers, or dealers license under the provisions of Chapter 40, Title 18, United State Code.

003.09 Smokeless Propellants

"Smokeless Propellants" shall mean solid propellants commonly called smokeless powders in the trade and used in small arms ammunition.

003.10 Classification of explosives as described by the Department of Transportation (DOT) shows all explosives as Class 1 with the divisions as follows:

003.10A "Division 1.1 and Division 1.2 " Possessing detonating or otherwise maximum hazard; such as dynamite, nitroglycerin, picric acid, lead azide, fulminate or mercury, black powder, blasting caps, and detonating primers.

003.10B "Division 1.3 " Possessing flammable hazard, such as propellant explosives (including some smokeless propellants), photographic flash powders, and some special fireworks.

003.10C "Division 1.4 " Includes certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities.

003.10D "Division 1.5 " "Blasting Agent" shall mean material designed for blasting which has been tested in accordance with the requirements of Federal Hazardous Material Regulations, 49 Code of Federal Regulations (C.F.R.) part 173, subpart C (U.S. Department of Transportation) and found to be so insensitive that there is very little probability of accidental initiation or of transition from deflagration to detonation. Division 1.5 consists of very insensitive explosives. This division is comprised of substances which have mass explosion hazard but are so insensitive that there is very little probability of initiation or transition from burning to detonation under normal conditions of transport.

003.10E "Division 1.6 " Consists of extremely insensitive articles which do not have mass explosive hazard. This division is comprised of articles which contain only extremely insensitive detonating substances and which demonstrate a negligible probability of accidental initiation or propagation.

003.10F "Forbidden or Not Acceptable Explosives" shall mean explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the DOT.

003.10G Certain chemicals and certain fuel materials may have explosive characteristics which are not specifically classified by the DOT and are not readily classified for coverage in the Code. Authoritative information should be obtained for such unclassified materials and action commensurate with their hazards, location, isolation and safeguards, should be taken.

003.10H No material may be offered for transportation as a blasting agent unless it has been examined, classed, and approved in accordance with 49 C.F.R. (U.S. Department of Transportation).

003.11 Explosive-Actuated Power Devices

"Explosive-Actuated Power Devices" shall mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices. Examples of explosive-actuated power devices are jet tappers and jet perforators.

003.12 Highway

"Highway" shall mean any public street, public alley, or public road.

003.13 Inhabited Buildings

"Inhabited Buildings" shall mean a building or structure regularly used in whole or part as a place of human habitation. The term "inhabited building" shall also mean any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding any building or structure occupied in connection with the manufacture, transportation, storage and use of explosives.

003.14 Magazine

"Magazine" shall mean any building or structure, other than an explosive manufacturing building, approved for the storage of explosives.

003.15 Motor Vehicle

"Motor Vehicle" shall mean any self-propelled vehicle, truck, truck-tractor, semitrailer, or full trailer used for the transportation of freight over public highways.

003.16 Propellant-Actuated Power Devices

"Propellant-Actuated Power Devices" shall mean any tool or special mechanized device or gas generator system which is actuated by a smokeless propellant or which releases and directs work through a smokeless propellant charge.

003.17 Public Conveyance

"Public Conveyance" shall mean any railroad car, street, car, ferry, cab, bus, airplane or other vehicle which is carrying passengers for hire.

003.18 Railway

"Railway" shall mean any steam, electric, diesel or other railroad or railway which carries passengers for hire.

003.19 Singular and Plural

"Singular and Plural" words used in the singular number shall include the plural and in the plural the singular.

003.20 Small Arms Ammunition

"Small Arms Ammunition" shall mean any shotgun, rifle, pistol or revolver cartridge, and cartridge for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, spotting or pyrotechnic projectiles is excluded from this definition.

003.21 Small Arms Ammunition Primers

"Small Arms Ammunition Primers" shall mean small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder.

003.22 Smokeless Propellants

"Smokeless Propellants" are solid propellants, commonly called smokeless powders in the trade, used in small arms ammunition, cannon, rockets, propellant-actuated power devices, and other similar propellants.

003.23 Special Industrial Explosives Devices

"Special Industrial Explosives Devices" shall mean explosive-actuated power devices and propellant-actuated power devices.

003.24 Special Industrial Explosives Materials

"Special Industrial Explosives Materials" shall mean shaped materials and sheet forms and various other extrusions, pellets and packages of high explosives, which include dynamite, TNT, PETN, RDX, and other similar compounds used for high-energy-rate forming, expanding and shaping in metal fabrication., and for dismemberment and quick reduction of scrap metal.

003.25 User

"User" is a person who has qualified to hold a Nebraska State Patrol issued permit to use explosive materials.

003.26 Factory Building

"Factory Building" shall mean any building or other structure (except magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. This definition does not include private residences or shop buildings where the hand loading of small arms ammunition is being carried on.

003.27 Authorized, Approved., or Approval

The term "authorized", "approved", or "approval" shall mean authorized, approved, or approval by the Nebraska State Patrol.

003.28 Nebraska State Patrol

"Nebraska State Patrol" shall mean the Nebraska State Patrol Colonel, Lieutenant Colonel, or designated subordinate officers.

003.29 Operator

"Operator" means the person, firm, or body corporate in immediate possession and control of any operation where explosives are used or handled.

003.30 Authority Having Jurisdiction

"Authority Having Jurisdiction" shall mean the Nebraska State Patrol.

003.31 Magazine Distance

"Magazine Distance" shall mean the minimum distance permitted between any two storage magazines which is expected to prevent a propagation of an explosion from one magazine to another from blasts.

003.32 Approved Storage Facility

"Approved Storage Facility" shall mean a place where explosives are stored consisting of one or more approved magazines, conforming to the requirements of Title 272 and covered by a permit issued by the Nebraska State Patrol.

003.33 Artificial Barricade

"Artificial Barricade" shall mean an man-made mound or revetted wall of earth of a minimum thickness of three feet, or any other approved barricade that offers equivalent protection as defined in the appropriate table for the explosive being stored.

003.34 Barricade

"Barricade" shall mean the effective screening of a magazine containing explosive materials from other magazines, a building, a railway, or a highway, either by a natural barricade or by artificial barricade. To be properly barricaded, a straight line from the top of any sidewall of the magazine containing explosive materials to the eave line of any other building or magazine, or to a point 12 feet above the center of a railroad, or a highway, will pass through the natural or artificial barricade.

003.35 Hardwood

"Hardwood" shall mean oak, maple, ash, hickory, or similar hard wood, free from knots, spaces, or similar defects. This can be an exterior, construction grade, laminated plywood material that is made from hardwood.

003.36 Permittee

"Permittee" shall mean any user of explosives for any lawful purpose, who has obtained a permit as required by Title 272.

272 Neb. Admin. Code, ch. 5, § 003