Section § 12080

Explanation

This law states that no one can sell, give away, or transport explosives unless those explosives have been classified as required by Section 12000.

However, the State Fire Marshal can allow the transport of unclassified explosives if an application is submitted, the local chief agrees, and it doesn't risk public welfare or safety, as long as all other relevant rules are followed.

(a)CA Health & Safety Code § 12080(a)  No person shall sell, give away, or transport any explosive which has not been classified as provided in Section 12000.
(b)CA Health & Safety Code § 12080(b)  The State Fire Marshal, upon receiving an application from any interested party, with the concurrence of the chief in the area affected, and if he determines that such action may be taken without jeopardizing the public welfare and safety, may authorize the transportation of unclassified explosives provided all other provisions of this part are met.

Section § 12081

Explanation

This section outlines the responsibilities of the State Fire Marshal to create and implement rules regarding explosives' sale, use, handling, possession, and storage. These rules should not conflict with existing regulations and must apply uniformly across California. Existing storage facilities are given consideration unless they are dangerous or lack proper security. Gunpowder storage for commercial and private use is also addressed with the same safety considerations.

The regulations must use performance standards where applicable and set consistent statewide requirements. Local governments cannot implement conflicting rules. Renowned safety publications are to be considered in the regulation-making process. Standards for caution placards on or near explosive storage facilities must be established according to recognized explosive classifications.

Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930, the State Fire Marshal shall prepare and adopt, in accordance with Chapter 3.5 (commencing at Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations that are not in conflict with this part, relating to the sale, use, handling, possession, and storage of explosives.
The building standards adopted and submitted for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 and the other regulations adopted by the State Fire Marshal shall do all of the following:
(a)CA Health & Safety Code § 12081(a)  Make reasonable allowances for storage facilities in existence when the regulations become effective. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained.
(b)CA Health & Safety Code § 12081(b)  Be based on performance standards wherever possible.
(c)CA Health & Safety Code § 12081(c)  Make reasonable allowances for the storage of gunpowder for commercial and private use. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained.
(d)CA Health & Safety Code § 12081(d)  Set uniform requirements for the use and handling of explosives that would apply statewide.
(e)CA Health & Safety Code § 12081(e)  The building standards published in the California Building Standards Code relating to storage of explosives and the other regulations adopted by the State Fire Marshal pursuant to this section shall apply uniformly throughout the state, and no city, county, city and county, or other political subdivision of this state, including, but not limited to, a chartered city, county, or city and county, shall adopt or enforce any ordinance or regulation that is inconsistent with this section.
(f)CA Health & Safety Code § 12081(f)  In making the regulations, the State Fire Marshal shall consider as evidence of generally accepted safety standards the publications of the National Fire Protection Association, the United States Bureau of Mines, the United States Department of Defense, and the Institute of Makers of Explosives.
(g)CA Health & Safety Code § 12081(g)  The regulations shall establish standards relating to the size, form, contents, and location of caution placards to be placed on or near storage facilities for division 1.1, 1.2, and 1.3 explosives as set forth in Article 77 of the Uniform Fire Code of the International Conference of Building Officials and the Western Fire Chiefs Association, Inc. or similar standards that are consistent with the United States Department of Transportation classifications, or for 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.

Section § 12082

Explanation

This law prohibits anyone under the age of 21 from buying, receiving, or being given explosives. It also states that such individuals cannot receive permits for handling explosives. Additionally, even if other laws might suggest otherwise, this age rule cannot be changed by any other legal amendments or statutes created in 1971.

No explosives shall be sold, furnished, or given away to any person under 21 years of age, whether such person is acting for himself or for another person, nor shall any such person be eligible to obtain any permit to receive explosives governed by the provisions of this part.
The reference to “under 21 years of age” in this section is unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or any other provision of that chapter.

Section § 12083

Explanation
Simply put, this law states that, unless you're the person in charge, an authorized person, or someone given permission by the owner, you cannot enter places or vehicles where explosives are made or stored.
With the exception of the chief, the owner, a person authorized to enter by the owner, or the owner’s agent, no person shall enter any explosive manufacturing plant, magazine, or vehicle containing explosives.

Section § 12084

Explanation

It's illegal to intentionally fire a gun within 500 feet of a storage facility for explosives or a plant that makes explosives.

No person shall willfully discharge any firearm within 500 feet of any magazine or any explosive manufacturing plant.

Section § 12085

Explanation

In simple terms, this law says you can't make, have, or move explosives in ways that are against state rules, local city or county laws, or the rules of any harbor that applies to these locations.

No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county, or city and county, or prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply.

Section § 12086

Explanation

If explosives are stolen or lost from anywhere, like storage or a transport vehicle, the person responsible for them must tell the local police or sheriff right away. Then, the police or sheriff must quickly inform the State Bureau of Criminal Identification and Investigation in Sacramento about the incident.

Any theft or loss of explosives, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which they are being used, or from any other location, shall immediately be reported by the person having control of such explosives to the local police or county sheriff. The local police or county sheriff shall immediately transmit a report of such theft or loss of explosives to the State Bureau of Criminal Identification and Investigation at Sacramento.

Section § 12087

Explanation

This law prohibits anyone from abandoning or improperly disposing of explosives in a way that could endanger people or property. If you're in charge of explosives for your job, you must safely return them to their source or the proper authority, or destroy them so they can't be misused once they're no longer needed. Additionally, if you have storage facilities (magazines) for explosives and they're no longer necessary, you must remove or destroy them, or remove any signs indicating explosives were stored there, and inform the authority that issued your storage permit about these actions.

No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any danger or threat of danger to life or property. Any person in possession or control of explosives required in the performance of his duties shall, when the need for such explosives no longer exists, either return the explosives to the source from which the explosives were obtained, or to an appropriate issuing authority for disposal or shall destroy the explosives in a safe manner so as not to make them available to persons who might obtain them and use them in a manner prejudicial to the safety of life and property. Magazines or temporary magazines used for storage purposes in any area where blasting is required shall, when the need for such storage no longer exists and the explosives have been removed or disposed of as above required, be removed or demolished, or signs, indicating the presence of explosives in such magazines or on the premises on which such magazines are located, shall be removed or effectively obliterated, and the issuing authority who issued the storage permit shall be immediately notified of the action taken.

Section § 12088

Explanation

When a package contains explosives, it must be clearly labeled with this information on the outside when it is handed over for shipping. It is illegal to send explosives with any misleading labels or documentation.

The contents of a package containing explosives shall be plainly marked on the outside of the package at the time the package is delivered for transportation.
It is unlawful for any person to deliver, or cause to be delivered, to any carrier for transportation any explosive under any false or deceptive marking, description, invoice, shipping order, or other declaration.

Section § 12089

Explanation

Any motor vehicle transporting explosives, unless specifically received under a different section, must display signs that meet U.S. Department of Transportation standards.

Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is subject to this part, shall have displayed thereon, signs conforming to the regulations of the United States Department of Transportation.

Section § 12090

Explanation

This law states that when transporting explosives, you cannot include materials like flammable liquids, acids, or oxidizers in the same cargo. Also, blasting caps or detonators must not be transported in the same vehicle as other explosives. However, there are exceptions allowed by U.S. Department of Transportation regulations.

There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials, other than the explosives themselves, which may have such characteristics. Blasting caps or detonators shall not be transported upon the same vehicle with other explosives. The foregoing provisions of this section shall be subject to such exceptions as are permitted by the regulations of the United States Department of Transportation.

Section § 12091

Explanation

You can't transport blasting caps or similar explosive devices in vehicles with radio transmitters, unless they're proven safe by a State Fire Marshal-approved lab. If they're safe, their shipping container must have a label saying the type of device and that it's been tested and is safe for transport with radio equipment.

Blasting caps or similar primary explosive initiation devices shall not be transported upon any vehicle equipped with a radio transmitter or other device which may cause detonation of such primary initiators unless such blasting caps or similar primary explosive initiation devices have been tested and proved safe for transportation by laboratory approved by the State Fire Marshal and there is affixed to the shipping container of such devices a label which states all of the following:
(a)CA Health & Safety Code § 12091(a)  The type of primary explosive initiation devices in the container.
(b)CA Health & Safety Code § 12091(b)  That such devices have been tested and proved safe for transportation upon any vehicle equipped with a radio transmitter or other device which may cause detonation of such primary initiators by a laboratory approved by the State Fire Marshal.

Section § 12092

Explanation

If someone breaks any rules set under Sections 12081 or 12151, they can be fined up to $1,000 for each time they do it.

Any person who violates any of the requirements prescribed by regulation adopted pursuant to Section 12081 or 12151 shall be assessed a civil penalty of up to one thousand dollars ($1,000) for each violation.