IC 35-47.5-4-1 Inspection of places regulated explosives manufactured
Sec. 1. The division shall carry out a program to periodically
inspect 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 of
insurance; exemption
Sec. 2. (a) The division may order any person engaged in the
manufacture or handling of a regulated explosive and any person
with control over a place where regulated explosives are
manufactured or handled to maintain insurance covering fire and
explosion losses. The order is not effective until sixty (60) days after
the date that notice of the order is received.
(b) The state fire marshal shall specify the insurance required
under 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 be
maintained with the department of insurance.
(d) The insurance commissioner may exempt a person from the
insurance requirements under this section if an applicant for the
exemption submits proof that the applicant has the financial ability
to discharge all judgments in the amount specified by the state fire
marshal. The insurance commissioner may revoke an exemption
under this subsection if the commissioner requires additional proof
of financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exempted
person 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 periodically
inspect 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 explosives
magazine permit to maintain an explosives magazine to an applicant
who qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year after
it is issued. The permit is limited to storage of the types and
maximum quantities of explosives specified in the permit in the place
covered by the permit and under the construction and location
requirements 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 explosives
associated 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 the
use of a regulated explosive.
(c) The commission shall include the following requirements in
the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be
submitted 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 regulated
explosive issued by another state if the licensure requirements
of the other state are substantially similar to the licensure
requirements established by the commission.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
explosive.
(e) The division shall carry out the licensing and relicensing
program under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, if the black powder is intended to
be used solely for sporting, recreational, or cultural purposes in
antique 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, an
applicant must:
(1) submit information on the form provided by the state fire
marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that will
be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located
from the nearest highway, railway, and structure that is also
used as a place of habitation or assembly other than for the
manufacture of explosives;
(2) except as provided in subdivision (3), demonstrate through
an inspection that the magazine is constructed and located in
accordance with the rules adopted by the commission;
(3) demonstrate through an inspection that smoking, matches,
open flames, and spark producing devices are not allowed
within 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 exempted
from the requirements of this section in the rules adopted by the
commission 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 is
stored;
without a regulated explosives magazine permit issued under this
chapter 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 the
physician or hospital is treating a person for an injury inflicted while
the person was making or using a destructive device shall report the
injury to a local law enforcement agency under IC 35-47-7-5. As added by P.L.123-2002, SEC.50.
IC 35-47.5-4-1 Inspection of places regulated explosives manufactured
Sec. 1. The division shall carry out a program to periodically
inspect 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 of
insurance; exemption
Sec. 2. (a) The division may order any person engaged in the
manufacture or handling of a regulated explosive and any person
with control over a place where regulated explosives are
manufactured or handled to maintain insurance covering fire and
explosion losses. The order is not effective until sixty (60) days after
the date that notice of the order is received.
(b) The state fire marshal shall specify the insurance required
under 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 be
maintained with the department of insurance.
(d) The insurance commissioner may exempt a person from the
insurance requirements under this section if an applicant for the
exemption submits proof that the applicant has the financial ability
to discharge all judgments in the amount specified by the state fire
marshal. The insurance commissioner may revoke an exemption
under this subsection if the commissioner requires additional proof
of financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exempted
person 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 periodically
inspect 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 explosives
magazine permit to maintain an explosives magazine to an applicant
who qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year after
it is issued. The permit is limited to storage of the types and
maximum quantities of explosives specified in the permit in the place
covered by the permit and under the construction and location
requirements 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 explosives
associated 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 the
use of a regulated explosive.
(c) The commission shall include the following requirements in
the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be
submitted 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 regulated
explosive issued by another state if the licensure requirements
of the other state are substantially similar to the licensure
requirements established by the commission.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
explosive.
(e) The division shall carry out the licensing and relicensing
program under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, if the black powder is intended to
be used solely for sporting, recreational, or cultural purposes in
antique 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, an
applicant must:
(1) submit information on the form provided by the state fire
marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that will
be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located
from the nearest highway, railway, and structure that is also
used as a place of habitation or assembly other than for the
manufacture of explosives;
(2) except as provided in subdivision (3), demonstrate through
an inspection that the magazine is constructed and located in
accordance with the rules adopted by the commission;
(3) demonstrate through an inspection that smoking, matches,
open flames, and spark producing devices are not allowed
within 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 exempted
from the requirements of this section in the rules adopted by the
commission 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 is
stored;
without a regulated explosives magazine permit issued under this
chapter 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 the
physician or hospital is treating a person for an injury inflicted while
the person was making or using a destructive device shall report the
injury to a local law enforcement agency under IC 35-47-7-5. As added by P.L.123-2002, SEC.50.
IC 35-47.5-4-1 Inspection of places regulated explosives manufactured
Sec. 1. The division shall carry out a program to periodically
inspect 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 of
insurance; exemption
Sec. 2. (a) The division may order any person engaged in the
manufacture or handling of a regulated explosive and any person
with control over a place where regulated explosives are
manufactured or handled to maintain insurance covering fire and
explosion losses. The order is not effective until sixty (60) days after
the date that notice of the order is received.
(b) The state fire marshal shall specify the insurance required
under 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 be
maintained with the department of insurance.
(d) The insurance commissioner may exempt a person from the
insurance requirements under this section if an applicant for the
exemption submits proof that the applicant has the financial ability
to discharge all judgments in the amount specified by the state fire
marshal. The insurance commissioner may revoke an exemption
under this subsection if the commissioner requires additional proof
of financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exempted
person 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 periodically
inspect 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 explosives
magazine permit to maintain an explosives magazine to an applicant
who qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year after
it is issued. The permit is limited to storage of the types and
maximum quantities of explosives specified in the permit in the place
covered by the permit and under the construction and location
requirements 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 explosives
associated 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 the
use of a regulated explosive.
(c) The commission shall include the following requirements in
the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be
submitted 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 regulated
explosive issued by another state if the licensure requirements
of the other state are substantially similar to the licensure
requirements established by the commission.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
explosive.
(e) The division shall carry out the licensing and relicensing
program under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, if the black powder is intended to
be used solely for sporting, recreational, or cultural purposes in
antique 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, an
applicant must:
(1) submit information on the form provided by the state fire
marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that will
be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located
from the nearest highway, railway, and structure that is also
used as a place of habitation or assembly other than for the
manufacture of explosives;
(2) except as provided in subdivision (3), demonstrate through
an inspection that the magazine is constructed and located in
accordance with the rules adopted by the commission;
(3) demonstrate through an inspection that smoking, matches,
open flames, and spark producing devices are not allowed
within 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 exempted
from the requirements of this section in the rules adopted by the
commission 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 is
stored;
without a regulated explosives magazine permit issued under this
chapter 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 the
physician or hospital is treating a person for an injury inflicted while
the person was making or using a destructive device shall report the
injury to a local law enforcement agency under IC 35-47-7-5. As added by P.L.123-2002, SEC.50.
