N.J. Admin. Code § 12:190-2.1
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Acceptor" means a charge of explosives or blasting agent receiving an impulse from an exploding donor charge.
"Act" means the Explosive Act, 21:1A-128 et seq.
"Air Blast" means the airborne shock wave or acoustic transient generated by an explosion.
"Ammunition primer" means a device used to ignite the powder charges of ammunition.
"Approved" means acceptable to the commissioner.
"Artificial barricade" means an artificial mound or properly revetted wall of earth of a minimum thickness of three feet at the top of the berm with the exception of Table 5.16.
"Barricaded" means that a building containing explosives is effectively screened from a magazine, inhabited building, railway or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any side wall of a building containing explosives to the eave line of any magazine or inhabited building or to a point 12 feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.
"Black powder" means a deflagrating or low explosive compound composed of an intimate mixture of sulfur, charcoal, and an earth nitrate usually potassium nitrate or sodium nitrate.
"Blast area" means the area of a blast including the area immediately adjacent, within the normal throw of the detonated material within the confines of the property boundaries.
"Blaster" means a person who holds a valid permit to use explosives in New Jersey.
"Blasting" means the breaking up of heavy masses of material through use of explosives.
"Blasting agent" means any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 blasting cap when unconfined.
"Blasting cap" means a detonator.
"Blasting machine" means an electrical or electromechanical device which provides electrical energy for the purpose of energizing electric blasting caps.
"Blasting mat" means a mat of woven steel wire, rope, scrap tires or other suitable material or construction to cover blast holes for the purpose of preventing fly rock missiles.
"Building" see definition of "construction."
"Bulk mix delivery motor vehicle" means a motor vehicle that transports explosives, blasting agents or ingredients for explosive material in bulk form for mixing and loading directly into blast holes.
"Bullet-resistant" means magazine walls or doors of construction resistant to penetration of a bullet of 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 feet per second fired from a 0.30 caliber rifle from a distance of 100 feet perpendicular to the wall or door. When a magazine ceiling or roof is required to be "bullet-resistant", the ceiling or roof shall be constructed of materials comparable to the side walls or of other materials which will withstand penetration of the bullet above described when fired at an angle of 45 degrees from the perpendicular.
"Bullet-sensitive explosive material" means material that can be detonated by 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 feet per second when the bullet is fired from a .30 caliber rifle at a distance of not more than 100 feet and the test material, at a temperature of 70 to 75 degrees F., is placed against a backing material of 1/2-inch steel plate.
"Burden" means that dimension of a medium to be blasted measured from the borehole to the face at right angles to the spacing. It means also the total amount of material to be blasted by a given hole, usually measured in cubic yards or in tons.
"Bureau of Explosives" means Bureau of Explosives of the Association of American Railroads.
"CFR" means Code of Federal Regulations in effect on the effective date this chapter was last amended.
"Class A explosive" means an explosive possessing detonating or maximum hazard and means an explosive which is described in section 53 of 49 CFR Part 173.
"Class B explosive" means an explosive possessing flammable hazard such as propellant explosives and photographic flash powders and means an explosive described in 49 CFR Part 171.
"Class C explosive" means certain types of manufactured articles which contain class A, or class B explosives, or both, as components but in restricted quantities, and certain types of fireworks and means an explosive described in 49 CFR Part 171.
"Commercial explosive" means any explosive except a propellant and nitro-carbo-nitrate, including, but not limited to, dynamite black blasting powder, pellet powder, initiating explosive, blasting cap, electric blasting cap, safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse, instantaneous fuse, igniter cord and igniter.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her authorized designee.
"Competent person" means a person possessing ability and experience that fully qualify him to perform the duty associated with explosives to which he is assigned or has assumed.
"Construction" means an assembly of material to form a building or structure for occupancy or use. "Building" includes an assembly, business, factory, industrial, high hazard, institutional, mercantile, residential or storage occupancy. "Structure" includes among others a stadium, a reviewing stand, an observation tower, a radio tower, a water tank, a bridge, a trestle, or a display sign.
"Construction official" means a qualified person appointed by the municipal appointing authority to enforce and administer legal issues within the jurisdiction of the municipality.
"Container" means in 12:190-5.2 0 a receptacle to move explosives in underground mining operations from magazines to the work force in the mine.
"Delay interval" means the time interval in milliseconds between successive detonations of the delay devices used.
"Demolition" means any work involving the use of explosives in the total or partial dismantling or razing of any construction.
"Detonating cord" means a flexible cord containing a center core of high explosive and used to detonate other explosives.
"Detonating fuse" means a detonating system used in the military to detonate high explosive bursting charges of projectiles, mines, bombs, torpedoes, and grenades. In addition to a powerful detonator, they may contain several ounces of a high explosive, all assembled in a heavy steel envelope.
"Detonator" means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating-cord delay connectors, and non-electric instantaneous or delay blasting caps.
"Division of Public Safety and Occupational Safety and Health" means the Division of Public Safety and Occupational Safety and Health in the New Jersey Department of Labor and Workforce Development, PO Box 386, Trenton, New Jersey 08625-0386.
"Donor" means an exploding charge producing an impulse that impinges upon an explosive "acceptor" charge.
"Electric detonator" means a blasting cap designed for, and capable of, initiation by means of an electric current.
"Employee" means any person, including supervisory personnel, suffered or permitted to work by an employer; or a member of either a board, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity directly performing explosives work.
"Employer" means a body, board, person, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity employing, permitting or suffering another to work or directly performing the explosives work. In the case of a corporation, the officers of the corporation and any agents having the management of the corporation shall be deemed to be employers of the employees of the corporation. This term shall apply to private employers and to the State, its political subdivisions and any boards, commissions, schools, institutions or authorities created or recognized thereby. This term also includes contractors and subcontractors.
"Explosive" means any chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible materials or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects on contiguous objects.
1. The term "explosive" includes, but is not limited to:
i. A commercial explosive, propellant or nitro-carbo-nitrate;
ii. A high explosive or a low explosive; and
iii. An explosive material, blasting agent, water gel or detonator.
2. The term "explosive," except as specifically stated in the act, does not include:
i. Small arms ammunition;
ii. An explosive in a form prescribed by the United States Pharmacopoeia; or
iii. Fireworks regulated under Manufacture, Storage and Transportation of Fireworks, 21:2-1 through 21:2-7.
"Explosive material" means an explosive.
"Explosive manufacturing building" means any building or other structure, except magazines, in which the manufacture of explosives is carried on.
"Explosive manufacturing establishment" means all lands, and buildings situated thereon, used in connection with the manufacture of explosives.
"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
"Flammable liquid" means any liquid with a flash point less than 100 degrees F as measured by tests specified in section 173.115 of 49 CFR part 173, except: a flammable liquid with a vapor pressure greater than 40 psia at 100 degrees F., a liquid mixture containing one percent or less flammable components, and a water-alcohol solution containing 24 percent or less alcohol.
"Flammable solid" means any material, other than an explosive, which is liable to cause fires through friction, absorption of moisture, spontaneous chemical changes, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation hazard.
"Fly rock" means dirt, rock, concrete, wood, brick, water or any other material that is propelled from the job site or blast area by the force of an explosion.
"Fuel" means a substance that may react with the oxygen in the air or with the oxygen or other oxidizing material yielded by an oxidizer to produce combustion.
"Fume classification" means a classification indicating the amount of poisonous or toxic gases produced by an explosive or blasting agent.
"Hardwood" means oak, maple, ash, hickory, or other hardwood, free from loose knots, spaces, or similar defects.
"Hertz" means cycles per second.
"High explosive" means any explosive material which can be caused to detonate by means of a blasting cap, when unconfined.
"Highway" means any public street, road, highway, alley or part of a navigable stream which is used as a highway of commerce.
"IME" means the Institute of Makers of Explosives.
"Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, sale, transportation, storage, use, disposal or possession of explosives.
"Job site" means the site where explosives are being used within the property line or right-of-way of any road.
"Initiating primer" means an explosive cartridge with a detonator or initiating agent inserted therein.
"Low explosive" means an explosive material which can be caused to deflagrate when confined.
"Magazine" means any building, structure, or other enclosure or container, other than an explosive manufacturing building used for the storage of explosives as described in N.J.A.C. 12:190-5.
"Misfire" means an explosive material charge that fails to detonate after an attempt at initiation.
"Motor vehicle" means any self propelled vehicle, truck, tractor, semi-trailer, or truck-full trailer used for the transportation of explosives.
"Natural barricade" means natural features of the ground including but not limited to hills, or timber of sufficient density so that the surrounding exposures which require protection cannot be seen from the magazine containing explosives when the trees are bare of leaves.
"NFPA" means National Fire Protection Association.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Nitro-carbo-nitrate" means an explosive classified as a blasting agent.
"No. 8 blasting cap" means a cap containing two grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a cap of equivalent strength.
"Office of Safety Compliance" means the Office of Safety Compliance in the Division of Public Safety and Occupational Safety and Health of the New Jersey Department of Labor and Workforce Development, PO Box 386, Trenton, NJ 08625, telephone 609-292-2096.
"Oxidizer" means a substance such as nitrate that yields oxygen or other oxidizing substance readily to stimulate the combustion of organic matter or other fuel.
"Oxidizing material" means an oxidizer.
"Peak particle velocity" means the peak particle velocity recorded on any one of the three mutually perpendicular components of blasting vibrations in the vertical and horizontal directions.
"Permit holder" means any person who has obtained a permit to manufacture, sell, store or use explosives.
"Person" means any natural person, partnership, firm, association or corporation.
"Placard" means a sign placed on a motor vehicle transporting explosives or oxidizers indicating the nature of the cargo.
"Plywood" means exterior, construction grade laminated wood.
"Propellant" means any solid chemical or solid chemical mixture which functions by rapid combustion of successive layers and includes, but is not limited to, smokeless powder for small arms, smokeless powder for cannon, smokeless powder or solid propellant for rockets, jet thrust units, or other devices.
"Public conveyance" means any transportation facility which is carrying passengers for hire.
"Railway" means and includes any steam, electric or other railroad or railway which carries passengers for hire on the particular line or branch in the vicinity where explosives storage magazines or explosives manufacturing buildings are situated, but shall not include auxiliary tracks, spurs and sidings installed and primarily used for transporting freight.
"Seismograph" means an instrument which records ground vibration by measuring and recording particle velocity, displacement, or acceleration in three mutually perpendicular directions.
"Semi-conductive hose" means a hose with an electrical resistance high enough to limit flow of stray electric currents to safe levels, yet not so high as to prevent drainage of static electric charges to ground such as hose of not more than two megohms resistance over its entire length and not less than 5,000 ohms per foot.
"Sensitivity" means a physical characteristic of an explosive classifying its ability to detonate upon receiving an external impulse such as impact, shock, flame, or other influences which can cause explosive decomposition.
"Single delay" means a delay in time of eight milliseconds or more.
"Small arms ammunition" means any cartridge for shotgun, rifle, pistol, or revolver, and cartridge for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, or any incendiary, tracer, spotting or pyrotechnic projectile is excluded from this definition.
"Smokeless propellant" means a solid propellant, commonly called smokeless powder in the trade, used in small arms ammunition, cannon, rockets, or propellant-actuated powder devices.
"Softwood" means fir, pine, or other softwood free from loose knots, spaces, or other similar defects.
"Squib" means a firing device that burns with a flash and is used for igniting black powder or pellet powder.
"Stemming" means an inert material placed in a borehole after the explosive and for the purpose of confining explosive materials or to separate charges of explosive material in the same borehole.
"Stray current" means a flow of electricity outside of the conductor which normally carries it.
"Type 1 magazine" See 12:190-5.2(b)1.
"Type 2 magazine" See 12:190-5.2(b)2.
"Type 3 magazine" See 12:190-5.2(b)3.
"Type 4 magazine" See 12:190-5.2(b)4.
"Type UG magazine" See 12:190-5.2(b)5.
"USC" means United States Code.
"USDOT" means United States Department of Transportation.
"Vibration" means the energy from a blast that manifests itself in earthborne vibrations which are transmitted through the earth away from the immediate blast area.
"Water gel" means any of a wide variety of materials used for blasting that contain substantial proportions of water and high proportions of ammonium nitrate, some of which is in solution in the water. Two broad classes of water gels are (a) those which are sensitized by a material classed as an explosive, such as TNT or smokeless powder, and (b) those which contain no ingredient classified as an explosive; these are sensitized with metals such as aluminum or with other fuels. Water gels may be classified as class A explosives, class B explosives or blasting agents.
N.J. Admin. Code § 12:190-2.1
See: 19 N.J.R. 1883(a), 20 N.J.R. 99(b).
Administrative correction.
See: 29 N.J.R. 566(a).
Amended by R.1998 d.110, effective 3/2/1998.
See: 29 N.J.R. 4624(a), 30 N.J.R. 847(a).
Amended "Artificial barricade", "Blast area", "Blaster", "Blasting", Blasting agent", Class B explosive", Class C explosive", "Division of Workplace Standards", "Electric detonator", "Explosive", "Fly rock", "Inhabited building", Magazine", "No. 8 blasting cap", Permit holder", and "Single delay"; and added "Employee", "Employer", and "Job site".
Amended by R.2008 d.303, effective 10/6/2008.
See: 40 N.J.R. 2200(a), 40 N.J.R. 5818(a).
In definition "Commissioner", inserted "and Workforce Development" and "or her"; substituted definition "Division of Public Safety and Occupational Safety and Health" for "Division of Workplace Standards"; in definitions "Division of Public Safety and Occupational Safety and Health" and "Office of Safety Compliance", substituted "Public Safety and Occupational Safety and Health" for "Workplace Standards" and inserted "and Workforce Development"; and in definition "Office of Safety Compliance", substituted "PO Box" for "CN" and "NJ" for "N.J.".