Heads up: There are no amended sections in this chapter.
The provisions of New York State Penal Law, Title 12 NYCRR Part 39 and this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition.

See the Building Code of New York State for other State Laws and Regulations.
Permts shall be required as set forth in Section 109.
TABLE 3304.5.2(2)
Pounds over Pounds not over Inhabited Building Distance (IBD) Distance to Public Traffic Route (PTR) Intermagazine Distance (IMD) Intraline Distance (ILD) or Intraplant Distance (IPD)
0 1,000 75 75 50 50
1,000 5,000 115 115 75 75
5,000 10,000 150 150 100 100
10,000 20,000 190 190 125 125
20,000 30,000 215 215 145 145
30,000 40,000 235 235 155 155
40,000 50,000 250 250 165 165
50,000 60,000 260 260 175 175
60,000 70,000 270 270 185 185
70,000 80,000 280 280 190 190
80,000 90,000 295 295 195 195
90,000 100,000 300 300 200 200
100,000 200,000 375 375 250 250
200,000 300,000 450 450 300 300
For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
  1. Black powder, when stored in magazines, is defined as low explosive by the Bureau of Alcohol, Tobacco and Firearms (BATF).
  2. For quanties less than 1,000 pounds, the required distances are those speficied for 1,000 pounds. The use of lesser dstiances is allowed when supported by approved test data and/or analysis.
  3. Linear interpolatin of explosive quantities between entries is allowed.
TABLE 3304.5.2(3)
Pounds over Pounds not over Inhabited Building Distance (IBD) Distance to Public Traffic Route (PTR) Intermagazine Distancea, b
Intraline Distance (ILD) or Intraplant Distancea (IPD)
50 Not Limited 100 100 50 50
For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
  1. A separation distance of 100 feet is required for buildings of other than Type I or Type II construction as defined in the International Building Code.
  2. For earth-covered magazines, no specified separation is required.
    1. Earth cover material used for magazines shall be relatively cohesive. Solid or wet clay and similar types of soil are to cohesive and shall not be used. Soil shall be free from unsanitary organic matter, trash, debris and stones heavier than 10 pounds or larger than 6 inches in diameter. Compaction and surface preparation shall be provided, as necessary, to maintain structural integrity and avoid erosion. Where cohesive material cannot be used, as in sandy soil, the earth cover over magazines shall be finished with a suitable material to ensure structural integrity.
    2. The earth fill or earth cover between earth-covered magazines shall be either solid or sloped, in accordance with the requirements of other construction features, but a minimum of 2 feet of earth cover shall be maintained over the top of each magazines. To reduce erosion and facilitate maintenance operations, the cover shall have a slope of 2 horizontal to 1 vertical.
  3. Restricted to articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tobacco and Firearms regulations, or unpacked articles used in process operations that do not propagate a detonation or deflagration between articles.
The manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall comply with the requirements of this section and NFPA 495 or NFPA 1124.
  1. The hand loading of small arms ammunition prepared for personal use and not offered for resale.
  2. The mixing and loading of blasting agents at blasting sites in accordance with NFPA 495.
  3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126.
Emergency plans, emergency drills, employee training and hazard communication shall conform to the provisions of this section and Sections 404, 405, 406 and 407.
Detailed Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statements (HMIS) complying with the requirements of Section 407 shall be prepared and submitted to the local emergency planning committee, the code enforcement official, and the local fire department.
A copy of the required HMMP and HMIS shall be maintained on site and furnished to the code enforcement official on request.
Workers who handle explosives or explosive charges or dispose of explosives shall be trained in the hazards of the materials and processes in which they are to be engaged and with the safety rules governing such materials and processes.
Approved emergency procedures shall be formulated for each plant which will include personal instruction in any emergency that may be anticipated. All personnel shall be made aware of an emergency warning signal.
Explosives manufacturing buildings and fireworks manufacturing buildings, including those where explosive charges are assembled, manufactured, prepared or loaded utilizing Division 1.1, 1.2, 1.3, 1.4 or 1.5 explosives, shall be separated from all other buildings, including magazines, within the confines of the manufacturing plant, at a distance not less than those shown in Table 3305.3.
Exception: Fireworks manufacturing buildings separated in accordance with NFPA 1124.

The quantity of explosives in an operating building shall be the net weight of all explosives contained therein. Distances shall be based on the hazard division requiring the greatest separation, unless the aggregate explosive weight is divided by approved walls or shields designed for that purpose. When dividing a quantity of explosives into smaller stacks, a suitable barrier or adequate separation distance shall be provided to prevent propagation from one stack to another.

When distance is used as the sole means of separation within a building, such distance shall be established by testing. Testing shall demonstrate that propagation between stacks will not result. Barriers provided to protect against explosive effects shall be designed and installed in accordance with approved standards.

TABLE 3305.3
Pounds over Pounds not over Intraline Distance (ILD) or Intraplant Distance (IPD) (feet) Pounds over Pounds not over Intraline Distance (ILD) or Intraplant Distance (IPD) (feet)
0 50 30 20,000 25,000 265
50 100 40 25,000 30,000 280
100 200 50 30,000 35,000 295
200 300 60 35,000 40,000 310
300 400 65 40,000 45,000 320
400 500 70 45,000 50,000 330
500 600 75 50,000 55,000 340
600 700 80 55,000 60,000 350
700 800 85 60,000 65,000 360
800 900 90 65,000 70,000 370
900 1,000 95 70,000 75,000 385
1,000 1,500 105 75,000 80,000 390
1,500 2,000 115 80,000 85,000 395
2,000 3,000 130 85,000 90,000 400
3,000 4,000 140 90,000 95,000 410
4,000 5,000 150 95,000 100,000 415
5,000 6,000 160 100,000 125,000 450
6,000 7,000 170 125,000 150,000 475
7,000 8,000 18 150,000 175,000 500
8,000 9,000 190 175,000 200,000 525
9,000 10,000 200 200,000 225,000 550
10,000 15,000 225 225,000 250,000 575
15,000 20,000 245 250,000 275,000 600
275,000 300,000 635
For SI: 1 foot = 304.8 mm, 1 pound = 0.454 kg.
  1. Where a building or magazine containing explosives is not barricaded, the intraline distances shown in this table shall be doubled.
When an operating building on an explosive materials plant site is designed to contain explosive materials, such a building shall be located away from inhabited buildings, public traffic routes and magazines in accordance with Table 3304.5.2(2) or 3304.5.2(3) as appropriate, based on the maximum quantity of explosive materials permitted to be in the building at one time (see Section 3301.8).
Exception: Fireworks manufacturing buildings constructed and operated in accordance with NFPA 1124.
In addition to the requirements of Section 3301.8 to determine the net explosive weight for materials stored or used in operating buildings, quantities of explosive materials stored in magazines located at distances less than intraline distances from the operating building shall be added to the contents of the operating building to determine the net explosive weight for the operating building.
The storage of explosive materials located in indoor magazines in operating buildings shall be limited to a net explosive weight not to exceed 50 pounds (23 kg).
The storage of explosive materials in outdoor magazines located at less than intraline distances from operating buildings shall be limited to a net explosive weight not to exceed 50 pounds (23 kg).
The storage of explosive materials in outdoor magazines in quantities exceeding 50 pounds (23 kg) net explosive weight shall be limited to storage in outdoor magazines located not less than intraline distances from the operating building in accordance with Section 3304.5.2.
The aggregate quantity of explosive materials stored in any combination of indoor magazines or outdoor magazines located at less than the intraline distances from an operating building shall not exceed 50 pounds (23 kg).
Buildings or rooms that exceed the maximum allowable quantity per control area of explosive materials shall be operated in accordance with this section and constructed in accordance with the requirements of the Building Code of New York State for Group H occupancies.
Exception: Fireworks manufacturing buildings constructed and operated in accordance with NFPA 1124.
Explosives dust shall not be exhausted to the atmosphere.
When collecting explosives dust, a wet collector system shall be used. Wetting agents shall be compatible with the explosives. Collector systems shall be interlocked with process power supplies so that the process cannot continue without the collector systems also operating.
Explosives dust shall be removed from the collection chamber as often as necessary to prevent overloading. The entire system shall be cleaned at a frequency that will eliminate hazardous concentrations of explosives dust in pipes, tubing and ducts.
Squirrel cage blowers shall not be used for exhausting hazardous fumes, vapors or gases. Only nonferrous fan blades shall be used for fans located within the ductwork and through which hazardous materials are exhausted. Motors shall be located outside the duct.
Work stations shall be separated by distance, barrier or other approved alternatives so that fire in one station will not ignite material in another work station. Where necessary, the operator shall be protected by a personnel shield located between the operator and the explosive device or explosive material being processed. This shield and its support shall be capable of withstanding a blast from the maximum amount of explosives allowed behind it.
Operations involving explosives shall comply with Sections 3305.6.1 through 3305.6.10.
When the type of material and processing warrants, mechanical operations involving explosives in excess of 1 pound (0.454 kg) shall be carried on at isolated stations or at intraplant distances, and machinery shall be controlled from remote locations behind barricades or at separations so that workers will be at a safe distance while machinery is operating.
The work area where the screening, grinding, blending and other processing of static-sensitive explosives or pyrotechnic materials is done shall be provided with approved static controls.
Bulk explosives shall be kept in approved, nonsparking containers when not being used or processed. Explosives shall not be stored or transported in open containers.
The quantity of explosives at any particular work station shall be limited to that posted on the load limit signs for the individual work station. The total quantity of explosives for multiple workstations shall not exceed that established by the intraplant distances in Table 3305.3 or 3304.5.2(3), as appropriate.
Magazines used for storage in processing areas shall be in accordance with the requirements of Section 3304.5.1. All explosive materials shall be removed to appropriate storage magazines for unattended storage at the end of the work day. The contents of indoor magazines shall be added to the quantity of explosives contained at individual workstations and the total quantity of material stored, processed or used shall be utilized to establish the intraplant separation distances indicated by Table 3305.3 or 3304.5.2(3), as appropriate.
Approved receptacles with covers shall be provided for each location for disposing of waste material and debris. These waste receptacles shall be emptied and cleaned as often as necessary but not less than once each day or at the end of each shift.
General safety rules and operating instructions governing the particular operation or process conducted at that location shall be available at each location.
The number of occupants in each process building and in each magazine shall not exceed the number necessary for proper conduct of production operations.
Not more than 500 pounds (227 kg) of pyrotechnic or explosive composition, including not more than 10 pounds (5 kg) of salute powder shall be allowed at one time in any process building or area. All compositions not in current use shall be kept in covered nonferrous containers.
Exception: Composition that has been loaded or pressed into tubes or other containers as consumer fireworks.
The maximum number of occupants and maximum weight of pyrotechnic and explosive composition permitted in each process building shall be posted in a conspicuous location in each process building or magazine.
Fireworks, explosives or explosive charges in explosive materials manufacturing, assembly or testing shall not be stored near any source of heat.
Exception: Approved drying or curing operations.
Maintenance and repair of explosives-manufacturing facilities and areas shall comply with Section 3305.7.1 through 3305.7.3.
Magazine floors shall be regularly swept and shall be kept clean, dry and free of grit, paper, empty packages and rubbish. Brooms and other cleaning utensils shall not have any spark-producing metal parts. Sweepings from magazine floors shall be disposed of in accordance with the manufacturers' approved instructions.
Explosive materials shall be removed from the magazine before making repairs to the interior of the magazine. Explosive materials shall be removed from the magazine before making repairs to the exterior of the magazine where there is a possibility of causing a fire. Explosive materials removed from a magazine under repair shall either be placed in another magazine or placed a safe distance from the magazine, where they shall be properly guarded and protected until repairs have been completed. Upon completion of repairs, the explosive materials shall be promptly returned to the magazine. Floors shall be cleaned before and after repairs.
Magazine floors stained with liquid shall be dealt with according to instructions obtained from the manufacturer of the explosive material stored in the magazine.
Detonation of explosive materials or ignition of fireworks for testing purposes shall be done only in isolated areas at sites where distance, protection from missiles, shrapnel or flyrock, and other safeguards provides protection against injury to personnel or damage to property.
Protective clothing and equipment shall be provided to protect persons engaged in the testing, ignition or detonation of explosive materials.
When tests are being conducted or explosives are being detonated, only authorized persons shall be present. Areas where explosives are regularly or frequently detonated or burned shall be approved and posted with adequate warning signs. Warning devices shall be activated before burning or detonating explosives to alert persons approaching from any direction that they are approaching a danger zone.
Disposal of explosive materials waste from manufacturing, assembly or testing operations shall be in accordance with Section 3305.9.1 through 3305.9.7.
The code enforcement official shall be notified immediately when deteriorated or leaking explosive materials are determined to be dangerous or unstable and in need of disposal.
When an explosive material has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such material shall immediately contact the material's manufacturer to obtain disposal and handling instructions.
The work of destroying explosive materials shall be directed by persons experienced in the destruction of explosive materials.
Explosive materials and fireworks recovered from blasting or display misfires shall be placed in a magazine until an experienced person has determined the proper method of disposal.
Sites for the destruction of explosive materials and fireworks shall be approved and located at the maximum practicable safe distance from inhabited buildings, public highways, operating buildings, and all other exposures to ensure keeping air blast and ground vibration to a minimum. The location of disposal sites shall be no closer to magazines, inhabited buildings, railways, highways, and other rights-of-way than is permitted by Tables 3304.5.1.(1), 3304.5.2.(2) and 3304.5.2.(3). When possible, barricades shall be used between the destruction site and inhabited buildings. Areas where explosives are detonated or burned shall be posted with adequate warning signs.
Unless an approved burning site has been thoroughly saturated with water and has passed a safety inspection, 48 hours shall elapse between the completion of a burn and the placement of scrap explosive materials for a subsequent burn.
Once an explosive burn operation has been started, personnel shall relocate to a safe location where adequate protection from air blast and flying debris is provided. Personnel shall not return to the burn area until the person in charge has inspected the burn site and determined that it is safe for personnel to return.
The display of fireworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions, shall comply with New York State Penal Law Article 405, this chapter, NFPA 1123 and NFPA 1126.
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