Regulation of Explosives

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fire and Other Hazards to Persons and Property Generally
  5. Regulation of Explosives

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  1. As used in this Code section, the term "explosive" or "explosives" means any chemical compound or mechanical mixture which is commonly used or intended for the purpose of producing an explosion, which compound or mixture contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. Explosives constitute a special hazard to life and safety of persons because of the danger incident to their manufacture, transportation, use, sale, and storage.
  2. Every person who manufactures, transports, uses, sells, or stores explosives shall so manufacture, transport, use, sell, and store them as to afford every precaution and protection against injury to persons as the Commissioner may determine and by rule declare to be reasonable and practical; provided, however, that nothing contained in this Code section shall be construed to extend to storage, use, or sale of small arms ammunition.
  3. The Commissioner is directed to investigate and examine the nature and properties of various explosives and known safety and protective techniques, including the safety standards, recommendations, and codes of the National Fire Protection Association (Explosives Ordinance, National Fire Code), and the American Insurance Association, the successor to the National Board of Fire Underwriters. Based upon the investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded persons with respect to the manufacture, transportation, use, sale, and storage of explosives.
  4. No person shall manufacture, transport, use, sell, or store explosives without having first obtained a license therefor issued by the Commissioner in accordance with reasonable rules established by him.The Commissioner is authorized to make reasonable rules providing for the issuance of such licenses on an annual basis to those applicants who have observed and may be expected to observe safety rules lawfully made under this Code section. Graded fees for such licenses shall beas provided in Code Section 25-2-4.1. The permits for the use only of explosives may be issued by judges of the probate courts or other local elected officials whom the Commissioner may designate.Fees for such permits to use explosives shall be $2.00 for each permit issued, which fee shall be retained by the issuing local official.
  5. Every person licensed under this Code section who suffers a larceny or attempted larceny of primer cord, blasting agents, powders, and dynamite shall make a report thereof to local law enforcement agencies and to the state fire marshal, in accordance with rules made by the Commissioner. The Commissioner is authorized to make such rules.

(Ga. L. 1949, p. 1057, § 13; Ga. L. 1967, p. 619, § 4; Ga. L. 1992, p. 2186, § 7; Ga. L. 1992, p. 2725, § 6.)

Cross references.

- Regulation of fireworks, T. 25, C. 10.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Civil Code 1910, §§ 1655, 2745, 2746 are included in the annotations for this Code section.

Storing powder not nuisance per se.

- Act of a powder company in maintaining and storing powder upon one's land is not a nuisance per se. Simpson v. DuPont Powder Co., 143 Ga. 465, 85 S.E. 344, 1915E L.R.A. 430 (1915) (decided under former Civil Code 1910, §§ 1655, 2745, 2746).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Explosions and Explosives, § 8 et seq. 51 Am. Jur. 2d, Licenses and Permits, §§ 6, 43 et seq., 50 et seq.

10A Am. Jur. Pleading and Practice Forms, Explosions and Explosives, § 2.

C.J.S.

- 35 C.J.S., Explosives, §§ 1-3. 53 C.J.S., Licenses, §§ 1, 6, 8-10, 62 et seq.

ALR.

- Liability for damages by explosives transported along highway, 44 A.L.R. 124.

Validity of regulations as to manner of handling or distributing gasoline, 58 A.L.R. 860.

Validity of regulations as to keeping or storage of gasoline, 128 A.L.R. 364.

Coverage of clause of fire policy insuring against explosion, 28 A.L.R.2d 995.

Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.


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