§ 555.201 General.

  1. a.(a) Section 842(j) of the Act and § 555.29 of this part require that the storage of explosive materials by any person must be in accordance with the regulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive materials were involved. The storage standards prescribed by this subpart confer no right or privileges to store explosive materials in a manner contrary to State or local law.

  2. b.(b) The Director may authorize alternate construction for explosives storage magazines when it is shown that the alternate magazine construction is substantially equivalent to the standards of safety and security contained in this subpart. Any alternate explosive magazine construction approved by the Director prior to August 9, 1982, will continue as approved unless notified in writing by the Director. Any person intending to use alternate magazine construction shall submit a letter application to the Director, Industry Operations for transmittal to the Director, specifically describing the proposed magazine. Explosive materials may not be stored in alternate magazines before the applicant has been notified that the application has been approved.

  3. c.(c) A licensee or permittee who intends to make changes in his magazines, or who intends to construct or acquire additional magazines, shall comply with § 555.63.

  4. d.(d) The regulations set forth in §§ 555.221 through 555.224 pertain to the storage of display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks and articles pyrotechnic.

  5. e.(e) [Reserved]

  6. f.(f) Any person who stores explosive materials shall notify the authority having jurisdiction for fire safety explosive materials are being stored of the type, magazine capacity, and location of each site where such explosive materials are stored. Such notification shall be made orally before the end of the day on which storage of the explosive materials commenced and in writing within 48 hours from the time such storage commenced. Any person who stores explosive materials covered by this part must notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type, magazine capacity, and location of each site where such explosive materials are stored.

    1. 1.(1) The person must make the notification in paragraph (a) of this section orally before the end of the day on which they begin storing the explosive materials, and in writing within 48 hours from when they begin storing them.

    2. 2.(2) Thereafter, the person must submit written notice once every 12 months following the initial notice, but no later than the end of the month during which the 12-month period is completed, unless the person is no longer storing explosive materials at the relevant site.

    3. 3.(3) When a person ceases to store explosive materials at a site, they must notify the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored in writing within 48 hours after the person discontinues storing materials at that location.

    4. 4.(4) Each written notice must also contain the notice date and the name, title, and agency of the fire authority official notified. The person submitting the notice must retain a copy of each written notice for five years from the notice date.