la-202610-7f95f254ea: Explosives—Definitions

Department of Public Safety and Corrections Office of State Police Explosives—Definitions (LAC 55:I.1503) In accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and R.S. 40:1472.1 et seq., notice is hereby given that the Department of Public Safety and Corrections, Office of State Police, intends to amend LAC 55:I.1503 (Definitions). In compliance with Act 503 of the 2026 Regular Session, the proposed Rule updates and clarifies statutory definitions related to explosives, including “blaster,” “handler,” “person,” and adds a definition for “explosives business. These updates ensure Louisiana’s process remains in compliance with the FBI-administered background check system. Title 55 PUBLIC SAFETY Part I. State Police Chapter 15.Explosives Subchapter A. General §1503.Definitions Annual Refresher Training—a period of 13 calendar months. Approved—approved by the Office of the Deputy Secretary of Public Safety Services. Artificial Barricade—an artificial mound or revetted wall of earth of a minimum thickness of 3 feet. Barricaded—building containing explosives is effectively screened from a magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or building, or to a point 12 feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade. Blaster—any person employed by a primary licensee who detonates or otherwise effects the explosion of an explosive or a person employed by a primary licensee who directly manages, supervises, or directs the activities of one or more persons employed by the same licensee who detonates or otherwise effects the explosion of an explosive by intentionally causing an explosion of an explosive to occur. Combustible—any material with a flash point above 140 Fahrenheit and less than 200 Fahrenheit. Dealer—any person engaged in the wholesale or retail business of buying and selling explosives, provided that should a manufacturer-distributor make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. Dealer-Distributor—any person engaged in the wholesale or retail business of buying and selling, or distribution of explosives, provided that should a manufacturer make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. Deputy Secretary of Public Safety Services—the deputy secretary for Public Safety in the Department of Public Safety and Corrections, or his designee. Emergency Contact Telephone Number—a telephone number that will be answered by a knowledgeable company representative who can answer questions about the company's product stored in said company's licensed explosive magazine twenty four hours daily seven days per week including holidays. The contact person shall also have the ability to provide or effect a timely response in the event of an emergency or an incident requiring a response. Explosive Business—any corporation, company, association, firm, partnership, society, or joint stock company which engages in the manufacturing, distributing, buying, selling, or consumption of explosives and explosives materials. Explosives—any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes but is not limited to dynamite and other high explosives, black powder in quantities in excess of 5 pounds, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The term explosives further includes but is not limited to the following. 1.Binary (phosphoric)—two or more unmixed, commercially manufactured prepackaged chemical substances including oxidizers, flammable liquids or solids, or similar substances that are not independently classified as explosives but which when mixed or combined form a mixture that is classified as an explosive and that is intended for blasting. 2.Blasting Agent—any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive; provided, that the finished product, as mixed for use or shipment, cannot be detonated by means of a number eight test blasting cap when unconfined. 3.Detonator—any device containing an initiating or primary explosive that is used for initiating detonation in another explosive material. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges. The term includes but is not limited to electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps which use detonating cord, shock tube, or any other replacement for electric leg wires. When used in this Chapter, the term cap shall have the same meaning as the term detonator. 4.The term explosive shall not include smokeless powder when used in sporting arms. Factory Building—any building or other structure, except, magazines, containing explosives in which the manufacture of explosives or any processing involving explosives is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. The definition does not include private residences or shop buildings where hand loading of small arms ammunition is being carried on. Flammable—any material with a flash point of 140 Fahrenheit or less. Handler—a person who touches, moves, or transports explosives but does not detonate nor effect the explosion of explosives or explosives materials by intentionally causing an explosion of an explosive to occur. The license issued to a handler shall not be sued by a blaster or user who uses explosives as the final end consumer of the explosive. Highway—any public street or public road, public highway, alley or thoroughfare. Public highways of Class A to D as applied to the American Table of Distances for Storage of Explosives are highways with an average traffic volume of three thousand or less vehicles per day as specified in American Civil Engineering Practice (Abbett, Volume1, Table 46, Section 3-74, 1956 Edition, John Wiley and Sons). Inhabited Building—any building or structure regularly used in whole or part as a place of human habitation, also any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding buildings or structures occupied in connection with the manufacture, transportation, storage and use of explosives. A building, such as an office building or repair shop, which is part of the premises of an explosives licensee and is used in connection with the manufacture, transportation, storage, or use of explosives is not an inhabited building. Local Office—as applies to a user, means a structure, place of rental, such as an apartment or motel, or a movable such as a barge, ship or vehicle in the vicinity of the storage container. Magazine—any building, structure, or device used for temporary or permanent storage of explosives. There shall be five types of magazines built and/or constructed in accordance with the rules and regulations promulgated pursuant to this Chapter. This definition does not apply to the storage of explosives in underground mining operations. Magazine License Number—the number of a specific magazine license assigned to a specific magazine by Louisiana Department of Public Safety, Explosive Control Unit. Manufacturer—a person engaged in the manufacture, compounding, or combining of explosives Manufacturer-Distributor—a person engaged in the manufacture, compounding, combining, or distribution of explosives. Natural Barricade—natural features of the ground such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen when the trees are bare of leaves. Offshore—any work performed at locations accessible only by air or water when the work location is totally surrounded by water and explosives are secured and attended. Oxidizer—any material that may, generally by yielding oxygen, cause or enhance the combustion of other materials. Person—any individual, or employee or member of a corporation, company, association, firm, partnership, society, or joint stock company that acquires, sells, possesses, stores, engages in the use of, or otherwise handles explosives in the state. Primary Licensee—the responsible party holding a valid manufacturer, dealer-distributor or user license. Purchase (and its various forms)—includes acquisition of any explosive by a person with or without consideration. Railroad―any steam, electric, diesel electric, or other railroad or railway which carries passengers for hire. Sale (and its various forms)—includes delivery of an explosive with or without consideration. Secured Area—any location that is either locked or under the immediate control of a licensee. Temporary—no more than 48 hours. Unauthorized Persons—persons not employed by the licensed company or authorized by the licensed manufacturer, dealer-distributor or user. User—a person who, as an ultimate consumer of an explosive, purchases the same from a dealer-distributor or manufacturer or means a dealer or manufacturer who uses an explosive as an ultimate consumer. Vessel—any description of watercraft used or capable of being used as a means of transportation on water. AUTHORITY NOTE:Promulgated in accordance with R.S. 40:1472.1 et seq. HISTORICAL NOTE:Filed by the Department of Public Safety, Office of State Police, at the Office of the State Register, 1974, promulgated and amended LR 10:803 (October 1984), amended by the Department of Public Safety and Corrections, Office of State Police, Transportation and Environmental Safety Section, Explosive Control Unit, LR 22:1230 (December 1996), amended by the Department of Public Safety and Corrections, Office of State Police, LR 26:90 (January 2000), amended LR 34:2674 (December 2008), LR 36:550 (March 2010), LR 46:591 (April 2020), LR 53: Family Impact Statement Pursuant to the provisions of R.S. 49:972 the proposed Rule has no known impact on the following: 1.the effect on stability of the family. 2.the effect on the authority and rights of parents regarding the education and supervision of their children. 3.the effect on the functioning of the family. 4.the effect on family earnings and family budget. 5.the effect on the behavior and personal responsibility of children. 6.the ability of the family or a local government to perform the function as contained in the proposed Rule. Poverty Impact Statement Pursuant to the provisions of R.S. 49:973, the proposed Rule has no known impact on the following: 1.the effect on household income, assets, and financial security. 2.the effect on early childhood development and preschool through postsecondary education development. 3.the effect on employment and workforce development. 4.the effect on taxes and tax credits. 5.the effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance. Small Business Analysis Pursuant to the provisions of R.S. 49:965.2-965.8, the Regulatory Flexibility Act, the proposed Rule is not anticipated to have an adverse impact on small business; therefore, a Small Business Impact Statement has not been prepared. Provider Impact Statement Pursuant to the provisions of HCR170 of 2014, the proposed Rule has no known impact on the following: 1.the effect on the staffing level requirements or qualifications required to provide the same level of service. 2.the total direct and indirect effect on the costs to the provider to provide the same level of service. 3.the overall effect on the ability of the provider to provide the same level of service. Public Comments Interested persons may submit written comments to Heather Hood, Liaison Officer & Legal and Policy Strategist - Louisiana Department of Public Safety and Corrections, Office of State Police, 7919 Independence Blvd., Baton Rouge, LA 70806 or heather.hood2@la.gov. All comments must be submitted no later than the end of business day, central time zone, November 10, 2026. Christopher Adams Commander FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Explosives—Definitions I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no anticipated costs or savings to state or local governmental units as a result of the proposed rule change. In compliance with Act 503 of the 2026 RS, the Department of Public Safety (DPS), Office of State Police (LSP), proposes to amend Title 55 (Public Safety), Part I (State Police), Chapter 15 (Explosives Code), Section 1503 (Definitions), of the Louisiana Administrative Code. The proposed rule updates and clarifies definitions related to explosives, modernizes the state’s explosives licensing requirements, and ensures Louisiana’s background check process for regulating explosives remains in compliance with the Federal Bureau of Investigations (FBI)-administered background check system, allowing the Explosives Licensing Unit to continue obtaining required background checks through the FBI. Specifically, this proposed rule: Expands the definition of “Blaster” to include individuals who directly manage, supervise, or direct employees who detonate or otherwise effect the explosion of an explosive. Defines an “Explosive Business” as any corporation, company, association, firm, partnership, society, or joint stock company which engages in the manufacturing, distributing, buying, selling, or consumption of explosives and explosives materials. Expands the activities included in the definition of a “Handler” to expressly include transporting explosives. Expands the definition of “Person” to include employees or members of an organization who acquire, sell, possess, store, use, or otherwise handle explosives. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no anticipated effect on revenue collections of state or local governmental units. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTRED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) There are no anticipated costs or economic benefits to directly affected persons, small businesses, ornon-governmental groups. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) Implementation of this proposed rule is not anticipated to have an effect on competition and employment. John PorterPatrice Thomas Lieutenant ColonelDeputy Fiscal Officer 2610#015Legislative Fiscal Office