12000-12007

HEALTH AND SAFETY CODE
SECTION 12000-12007




12000.  For the purposes of this part, "explosives" means any
substance, or combination of substances, the primary or common
purpose of which is detonation or rapid combustion, and which is
capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosives"
includes, but is not limited to, 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, and
any of the following:
   (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
   (b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
   (c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
   (d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of 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 that define
explosives.
   (e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
   (f) For the purposes of this part, "explosives" does not include
any destructive device, as defined in Section 12301 of the Penal
Code, nor does it include ammunition or small arms primers
manufactured for use in shotguns, rifles, and pistols.



12000.  For the purposes of this part, "explosives" means any
substance, or combination of substances, the primary or common
purpose of which is detonation or rapid combustion, and which is
capable of a relatively instantaneous or rapid release of gas and
heat, or any substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat. "Explosives"
includes, but is not limited to, 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, and
any of the following:
   (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate
of mercury, black powder, smokeless powder, propellant explosives,
detonating primers, blasting caps, or commercial boosters.
   (b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6
explosives as classified by the United States Department of
Transportation.
   (c) Nitro carbo nitrate substances (blasting agent) classified as
division 1.5 explosives by the United States Department of
Transportation.
   (d) Any material designated as an explosive by the State Fire
Marshal. The designation shall be made pursuant to the classification
standards established by the United States Department of
Transportation. The State Fire Marshal shall adopt regulations in
accordance with the Government Code to establish procedures for the
classification and designation of explosive materials or explosive
devices that are not under the jurisdiction of the United States
Department of Transportation pursuant to provisions of 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 that define
explosives.
   (e) Certain division 1.4 explosives as designated by the United
States Department of Transportation when listed in regulations
adopted by the State Fire Marshal.
   (f) For the purposes of this part, "explosives" does not include
any destructive device, as defined in Section 16460 of the Penal
Code, nor does it include ammunition or small arms primers
manufactured for use in shotguns, rifles, and pistols.



12001.  This part does not apply to any of the following:
   (a) Any person engaged in the transportation of explosives
regulated by, and when subject to, the provisions of Division 14
(commencing with Section 31600) of the Vehicle Code.
   (b) Small arms ammunition of .75 caliber or less when designated
as a division 1.4 explosive by the United States Department of
Transportation.
   (c) Fireworks regulated under Part 2 (commencing with Section
12500) of this division, including, but not limited to, special
effects pyrotechnics regulated by the State Fire Marshal pursuant to
Section 12555.
   (d) Any explosives while in the course of transportation via
railroad, aircraft, water, or highway when the explosives are in
actual movement and under the jurisdiction of and in conformity with
regulations adopted by the United States Department of
Transportation, United States Coast Guard, or the Federal Aviation
Agency. However, no explosives shall be sold, given away, or
delivered except as provided in Section 12120.
   (e) Special fireworks classified by the United States Department
of Transportation as division 1.3 explosives when those special
fireworks are regulated under Part 2 (commencing with Section 12500)
of this division, when a permit has been issued pursuant to
regulations of the State Fire Marshal.
   (f) (1) Black powder in quantities of 25 pounds or less in the
hands of a retailer having a permit issued under Article 2
(commencing with Section 6066) of Chapter 2 of Part 1 of Division 2
of the Revenue and Taxation Code and in quantities of five pounds or
less in the hands of all others and smokeless powder in quantities of
20 pounds or less used, possessed, stored, sold, or transported that
is exempted under, or authorized by, the Federal Organized Crime
Control Act of 1970 (Public Law 91-452) and applicable federal
regulations thereunder.
   (2) All cities, counties, and special districts and county service
areas providing fire protection shall require retailers in
possession of black powder to notify fire authorities.



12002.  Except when transporting explosives on highways and at safe
stopping places established under the provisions of Division 14
(commencing with Section 31600) of the Vehicle Code, this part does
not affect the operation of provisions of any city, county, or city
and county ordinance respecting the delivery, storage, and handling
of explosives which are at least as restrictive as the provisions of
this part.



12003.  "Chief" means the Director of Forestry and Fire Protection
and his or her authorized representatives, the chief of a fire
department or fire protection agency maintained by a city, county, or
city and county, or fire protection district and his or her
authorized representatives, or the authorized representative of the
United States Forest Service. In any area of the state in which there
exists no organized fire protection agency responsible for the
protection of the area, "chief," for the purpose of this part only,
means the county sheriff and his or her authorized representatives.
   On any property that is owned by the state, the "chief," for the
purpose of this part, shall be the official of the fire protection
agency responsible for the suppression of fires in the area. On any
state property where there is no fire protection agency responsible
for the suppression of fires, the "chief," for the purpose of this
part, shall be the State Fire Marshal.
   Upon request of the Director of Forestry and Fire Protection, the
chief of a fire department or fire protection agency, or upon request
of the county sheriff, the governing body of the area under the
jurisdiction of the requesting chief or sheriff may designate any
person as "chief" for the purposes of this part.



12004.  For the purposes of this part, the term "person" shall mean
any person, organization, firm, corporation, association, city,
county, city and county, and state, and shall include any of their
employees and authorized representatives.




12005.  This part does not apply to the transportation and use of
explosives by representatives of the California Highway Patrol, the
State Bureau of Criminal Identification and Investigation, local
police departments, sheriff's departments, and fire departments
acting in their official capacity, nor shall this part apply to the
transportation and use of explosives by any peace officer authorized
to enforce the provisions of this part by Section 12020 when he is
acting pursuant to such authority.



12005.5.  (a) This part shall not apply to the possession, handling,
storage, transportation, or use of not more than 10 pounds of
blasting agents (division 1.5 explosives), two pounds of division
1.1, 1.2, or 1.3 explosives, or 1,000 feet of detonating cord, or any
combination thereof, by authorized employees of the Department of
Transportation, acting within the scope of their employment, in the
pursuit of seismic explorations.
   (b) The Department of Transportation may not undertake that
seismic exploration, unless the fire authority having jurisdiction in
the area of the proposed seismic exploration has received a written
notice from the department at least 48 hours prior to the
commencement of the seismic exploration. The notice shall include the
time and location of the proposed seismic exploration. In addition,
the employee supervising the proposed seismic exploration, or his or
her designated representative, shall consult with the fire authority
to determine if the proposed handling, storage, transportation, or
use of explosives would constitute an unreasonable hazard to life or
property. If the fire authority determines that such a hazard would
arise, the department shall not engage in that handling, storage,
transportation, or use of explosives.
   (c) The state shall be strictly liable for any injury to any
person or property proximately caused by the handling, storage,
transportation, or use of explosives by the Department of
Transportation for the purpose of conducting seismic exploration. All
claims for damages against the state arising under this section are
governed by the procedures set forth in Part 3 (commencing with
Section 900) and Part 4 (commencing with Section 940) of Division 3.6
of Title 1 of the Government Code.



12006.  The provisions of this part and the regulations adopted by
the State Fire Marshal pursuant to this part do not apply when the
use, handling, possession, storage and transportation is subject to
the requirements of the Division of Occupational Safety and Health,
Department of Industrial Relations, except as the provisions of this
part and the regulations adopted by the State Fire Marshal may extend
beyond the scope or authority of the Division of Occupational Safety
and Health, Department of Industrial Relations.



12007.  (a) For the purposes of this part, the term "issuing
authority" shall mean either the sheriff of a county, or the chief or
other head of a municipal police department of any city or city and
county, or the chief of a fire department or fire protection agency,
and their authorized representatives, provided that, in the event the
designated issuing authority is the chief of a fire department or
fire protection agency, such fire department or fire protection
agency is organized with regularly paid full-time personnel. The
governing body of any county, city, or city and county shall
designate one of the above as the issuing authority within its
jurisdiction and shall notify the State Fire Marshal of the person so
designated.
   (b) If the governing body of any county, city, or city and county
does not designate an issuing authority pursuant to subdivision (a),
the State Fire Marshal shall designate the sheriff of the county as
the issuing authority.