CHAPTER........
AN ACT relating to explosives; providing for inspections by various state and local agencies
of certain regulated facilities where certain explosives are manufactured, used,
processed, handled, moved on site or stored; and providing other matters properly
relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. The division shall enter into cooperative agreements with state and
local agencies to provide inspections of regulated facilities where
explosives are manufactured, or where an explosive is used, processed,
handled, moved on site or stored in relation to its manufacture. The
division shall schedule the inspections in such a manner as to provide an
opportunity for participation by:
(a) A representative of the fire-fighting agency that exercises
jurisdiction over the regulated facility;
(b) A representative of the law enforcement agency that exercises
jurisdiction over the regulated facility; and
(c) Representatives of the division and any other state agency
responsible for minimizing risks to persons and property posed by such
regulated facilities.
2. The owner or operator of such a regulated facility shall make the
facility available for the inspections required by this section at such times
as are designated by the division.
3. Any inspection of a regulated facility conducted pursuant to this
section is in addition to, and not in lieu of, any other inspection of the
facility required or authorized by state statute or local ordinance.
4. Notwithstanding any provision of this section to the contrary, the
provisions of this section do not apply to the mining industry.
5. Except as otherwise provided in subsection 6, as used in this
section, "explosive" means gunpowders, powders used for blasting, all
forms of high explosives, blasting materials, fuses other than electric
circuit breakers, detonators and other detonating agents, smokeless
powders, other explosive or incendiary devices and any chemical
compound, mechanical mixture or device that contains any oxidizing and
combustible units, or other ingredients, in such proportions, quantities or
packing that ignition by fire, friction, concussion, percussion, or
detonation of the compound, mixture or device or any part thereof may
cause an explosion.
6. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches, and friction primers that are intended to
be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C. §
921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the definition of
"destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section
existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a
military department of the United States, or that is distributed to, or
possessed or stored by, the military or naval service or any other agency
of the United States, or an arsenal, a navy yard, a depot or any other
establishment owned by or operated on behalf of the United States.
Sec. 2. NRS 459.3802 is hereby amended to read as follows:
Sec. 3. This act becomes effective upon passage and approval.
~