(1) The State Fire Marshal or his representative has authority to confiscate, place in storage, or dispose of explosive materials in any manner considered appropriate to insure the safety of the public when:
(a) explosive materials are found abandoned as provided in Section 23-36-130.
(b) explosive materials are found stored illegally and present an immediate threat to the public safety as provided in Section 23-36-120.
(c) explosive materials are used in illegal activities.
(d) explosive materials which are found to be unsafe or unstable.
(2) The revocation or suspension of a dealer's or blaster's license or permit shall result in the confiscation of the dealer's or blaster's explosive materials. These explosive materials will be stored pending the disposition of the action.
(3) All costs incurred in the confiscation or disposal of explosive materials as provided in this section are paid by the legal owner of the confiscated explosive materials.
HISTORY: 1986 Act No. 480, Section 11.