Chapter 3. General of California Health And Safety Code >> Division 11. >> Part 1. >> Chapter 3.
(a) No person shall sell, give away, or transport any
explosive which has not been classified as provided in Section 12000.
(b) The State Fire Marshal, upon receiving an application from any
interested party, with the concurrence of the chief in the area
affected, and if he determines that such action may be taken without
jeopardizing the public welfare and safety, may authorize the
transportation of unclassified explosives provided all other
provisions of this part are met.
Except as limited by Chapter 6 (commencing with Section 140)
of Division 1 of the Labor Code and Section 18930, the State Fire
Marshal shall prepare and adopt, in accordance with Chapter 3.5
(commencing at Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, reasonable regulations that are not in conflict
with this part, relating to the sale, use, handling, possession, and
storage of explosives.
The building standards adopted and submitted for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
13 and the other regulations adopted by the State Fire Marshal shall
do all of the following:
(a) Make reasonable allowances for storage facilities in existence
when the regulations become effective. No allowance, however, shall
be made for storage facilities which constitute a distinct hazard to
life and property, nor shall any allowance be made for storage
facilities wherein proper safeguards for the control and security of
explosives cannot be maintained.
(b) Be based on performance standards wherever possible.
(c) Make reasonable allowances for the storage of gunpowder for
commercial and private use. No allowance, however, shall be made for
storage facilities which constitute a distinct hazard to life and
property, nor shall any allowance be made for storage facilities
wherein proper safeguards for the control and security of explosives
cannot be maintained.
(d) Set uniform requirements for the use and handling of
explosives that would apply statewide.
(e) The building standards published in the California Building
Standards Code relating to storage of explosives and the other
regulations adopted by the State Fire Marshal pursuant to this
section shall apply uniformly throughout the state, and no city,
county, city and county, or other political subdivision of this
state, including, but not limited to, a chartered city, county, or
city and county, shall adopt or enforce any ordinance or regulation
that is inconsistent with this section.
(f) In making the regulations, the State Fire Marshal shall
consider as evidence of generally accepted safety standards the
publications of the National Fire Protection Association, the United
States Bureau of Mines, the United States Department of Defense, and
the Institute of Makers of Explosives.
(g) The regulations shall establish standards relating to the
size, form, contents, and location of caution placards to be placed
on or near storage facilities for division 1.1, 1.2, and 1.3
explosives as set forth in Article 77 of the Uniform Fire Code of the
International Conference of Building Officials and the Western Fire
Chiefs Association, Inc. or similar standards that are consistent
with the United States Department of Transportation classifications,
or for any explosives as defined in Section 841 of Title 18 of the
United States Code and published pursuant to Section 555.23 of Title
27 of the Code of Federal Regulations.
No explosives shall be sold, furnished, or given away to any
person under 21 years of age, whether such person is acting for
himself or for another person, nor shall any such person be eligible
to obtain any permit to receive explosives governed by the provisions
of this part.
The reference to "under 21 years of age" in this section is
unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or
any other provision of that chapter.
With the exception of the chief, the owner, a person
authorized to enter by the owner, or the owner's agent, no person
shall enter any explosive manufacturing plant, magazine, or vehicle
No person shall willfully discharge any firearm within 500
feet of any magazine or any explosive manufacturing plant.
No person shall make, possess, or transport any explosive in
a manner prohibited by this part or prohibited by any ordinance of a
city, county, or city and county, or prohibited by the laws or
regulations governing a harbor in those areas where such ordinance,
laws, or regulations apply.
Any theft or loss of explosives, whether from a storage
magazine, a vehicle in which they are being transported, or from a
site on which they are being used, or from any other location, shall
immediately be reported by the person having control of such
explosives to the local police or county sheriff. The local police or
county sheriff shall immediately transmit a report of such theft or
loss of explosives to the State Bureau of Criminal Identification and
Investigation at Sacramento.
No person shall abandon or otherwise dispose of any
explosives in any manner which might, as the result of such
abandonment or disposal, create any danger or threat of danger to
life or property. Any person in possession or control of explosives
required in the performance of his duties shall, when the need for
such explosives no longer exists, either return the explosives to the
source from which the explosives were obtained, or to an appropriate
issuing authority for disposal or shall destroy the explosives in a
safe manner so as not to make them available to persons who might
obtain them and use them in a manner prejudicial to the safety of
life and property. Magazines or temporary magazines used for storage
purposes in any area where blasting is required shall, when the need
for such storage no longer exists and the explosives have been
removed or disposed of as above required, be removed or demolished,
or signs, indicating the presence of explosives in such magazines or
on the premises on which such magazines are located, shall be removed
or effectively obliterated, and the issuing authority who issued the
storage permit shall be immediately notified of the action taken.
The contents of a package containing explosives shall be
plainly marked on the outside of the package at the time the package
is delivered for transportation.
It is unlawful for any person to deliver, or cause to be
delivered, to any carrier for transportation any explosive under any
false or deceptive marking, description, invoice, shipping order, or
Except when transporting explosives received under Section
12102 of this code, every motor vehicle used in the transportation of
explosives and which is subject to this part, shall have displayed
thereon, signs conforming to the regulations of the United States
Department of Transportation.
There shall not be included in any cargo of explosives any
flammable or combustible liquids, acids, or corrosive liquids,
oxidizers, or combustible materials, other than the explosives
themselves, which may have such characteristics. Blasting caps or
detonators shall not be transported upon the same vehicle with other
explosives. The foregoing provisions of this section shall be subject
to such exceptions as are permitted by the regulations of the United
States Department of Transportation.
Blasting caps or similar primary explosive initiation
devices shall not be transported upon any vehicle equipped with a
radio transmitter or other device which may cause detonation of such
primary initiators unless such blasting caps or similar primary
explosive initiation devices have been tested and proved safe for
transportation by laboratory approved by the State Fire Marshal and
there is affixed to the shipping container of such devices a label
which states all of the following:
(a) The type of primary explosive initiation devices in the
(b) That such devices have been tested and proved safe for
transportation upon any vehicle equipped with a radio transmitter or
other device which may cause detonation of such primary initiators by
a laboratory approved by the State Fire Marshal.
Any person who violates any of the requirements prescribed
by regulation adopted pursuant to Section 12081 or 12151 shall be
assessed a civil penalty of up to one thousand dollars ($1,000) for