CHAPTER 4. REGISTRATION AND CONTROL
IC 35-47.5-4
Chapter 4. Registration and Control
IC 35-47.5-4-1
Inspection of places regulated explosives manufactured
Sec. 1. The division shall carry out a program to periodicallyinspect places where regulated explosives are manufactured.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,SEC.540.
IC 35-47.5-4-2
Insurance required of regulated explosive manufacturer; proof ofinsurance; exemption
Sec. 2. (a) The division may order any person engaged in themanufacture or handling of a regulated explosive and any personwith control over a place where regulated explosives aremanufactured or handled to maintain insurance covering fire andexplosion losses. The order is not effective until sixty (60) days afterthe date that notice of the order is received.
(b) The state fire marshal shall specify the insurance requiredunder subsection (a) in an amount not less than ten thousand dollars($10,000) nor more than two hundred fifty thousand dollars($250,000).
(c) Proof of the insurance required under this section must bemaintained with the department of insurance.
(d) The insurance commissioner may exempt a person from theinsurance requirements under this section if an applicant for theexemption submits proof that the applicant has the financial abilityto discharge all judgments in the amount specified by the state firemarshal. The insurance commissioner may revoke an exemptionunder this subsection if the commissioner requires additional proofof financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exemptedperson has failed to provide adequate proof of financial ability.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,SEC.541.
IC 35-47.5-4-3
Inspection of places regulated explosives stored
Sec. 3. The division shall carry out a program to periodicallyinspect places where regulated explosives are stored.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,SEC.542.
IC 35-47.5-4-4
Regulated explosives magazine permits; expiration of permits
Sec. 4. (a) The division shall issue a regulated explosivesmagazine permit to maintain an explosives magazine to an applicantwho qualifies under section 5 of this chapter. (b) A permit issued under subsection (a) expires one (1) year afterit is issued. The permit is limited to storage of the types andmaximum quantities of explosives specified in the permit in the placecovered by the permit and under the construction and locationrequirements specified in the rules of the commission.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,SEC.543.
IC 35-47.5-4-4.5
Rules
Sec. 4.5. (a) This section does not apply to:
(1) a person who is regulated under IC 14-34; or
(2) near surface or subsurface use of regulated explosivesassociated with oil and natural gas:
(A) exploration;
(B) development;
(C) production; or
(D) abandonment activities or procedures.
(b) The commission shall adopt rules under IC 4-22-2 to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for theuse of a regulated explosive.
(c) The commission shall include the following requirements inthe rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance ofa license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must besubmitted to the division on forms approved by the commission.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a regulatedexplosive issued by another state if the licensure requirementsof the other state are substantially similar to the licensurerequirements established by the commission.
(d) A person may not use a regulated explosive unless the personhas a license issued under this section for the use of a regulatedexplosive.
(e) The division shall carry out the licensing and relicensingprogram under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not includeeither of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities notto exceed fifty (50) pounds, if the black powder is intended tobe used solely for sporting, recreational, or cultural purposes inantique firearms or antique devices.
As added by P.L.35-2004, SEC.2. Amended by P.L.25-2004, SEC.6;P.L.2-2005, SEC.128; P.L.80-2005, SEC.7; P.L.1-2006, SEC.544.
IC 35-47.5-4-5 Qualifications for issuance and renewal of permit
Sec. 5. (a) To qualify for a regulated explosives permit, anapplicant must:
(1) submit information on the form provided by the state firemarshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that willbe kept in the place covered by the application; and
(C) the distance that the affected magazine will be locatedfrom the nearest highway, railway, and structure that is alsoused as a place of habitation or assembly other than for themanufacture of explosives;
(2) except as provided in subdivision (3), demonstrate throughan inspection that the magazine is constructed and located inaccordance with the rules adopted by the commission;
(3) demonstrate through an inspection that smoking, matches,open flames, and spark producing devices are not allowedwithin a room containing an indoor magazine; and
(4) pay the fee under IC 22-12-6-6.
(b) To qualify for the renewal of a regulated explosives permit,the applicant must pay the fee under IC 22-12-6-6.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-4-6
Violation of permit requirement; exception
Sec. 6. (a) This section does not apply to storage that is exemptedfrom the requirements of this section in the rules adopted by thecommission under IC 22-13-3.
(b) A person who:
(1) stores a regulated explosive;
(2) has control over a regulated explosive that is stored; or
(3) has control over a place where a regulated explosive isstored;
without a regulated explosives magazine permit issued under thischapter that covers the storage commits a Class C infraction.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-4-7
Reporting injuries caused by destructive device
Sec. 7. A physician or hospital that has reason to believe that thephysician or hospital is treating a person for an injury inflicted whilethe person was making or using a destructive device shall report theinjury to a local law enforcement agency under IC 35-47-7-5.
As added by P.L.123-2002, SEC.50.