Assembly Bill No. 451–Committee on Natural Resources, Agriculture, and Mining
(On Behalf of Commission on Workplace Safety)
March 10, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Provides 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. (BDR 40-777)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. The division shall enter into cooperative agreements with state and1-4
local agencies to provide inspections of regulated facilities where1-5
explosives are manufactured, or where an explosive is used, processed,1-6
handled, moved on site or stored in relation to its manufacture. The1-7
division shall schedule the inspections in such a manner as to provide an1-8
opportunity for participation by:1-9
(a) A representative of the fire-fighting agency that exercises1-10
jurisdiction over the regulated facility;2-1
(b) A representative of the law enforcement agency that exercises2-2
jurisdiction over the regulated facility; and2-3
(c) Representatives of the division and any other state agency2-4
responsible for minimizing risks to persons and property posed by such2-5
regulated facilities.2-6
2. The owner or operator of such a regulated facility shall make the2-7
facility available for the inspections required by this section at such times2-8
as are designated by the division.2-9
3. Any inspection of a regulated facility conducted pursuant to this2-10
section is in addition to, and not in lieu of, any other inspection of the2-11
facility required or authorized by state statute or local ordinance.2-12
4. Notwithstanding any provision of this section to the contrary, the2-13
provisions of this section do not apply to the mining industry.2-14
5. Except as otherwise provided in subsection 6, as used in this2-15
section, "explosive" means gunpowders, powders used for blasting, all2-16
forms of high explosives, blasting materials, fuses other than electric2-17
circuit breakers, detonators and other detonating agents, smokeless2-18
powders, other explosive or incendiary devices and any chemical2-19
compound, mechanical mixture or device that contains any oxidizing and2-20
combustible units, or other ingredients, in such proportions, quantities or2-21
packing that ignition by fire, friction, concussion, percussion, or2-22
detonation of the compound, mixture or device or any part thereof may2-23
cause an explosion.2-24
6. For the purposes of this section, an explosive does not include:2-25
(a) Ammunition for small arms, or any component thereof;2-26
(b) Black powder commercially manufactured in quantities that do2-27
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,2-28
quills, quick and slow matches, and friction primers that are intended to2-29
be used solely for sporting, recreation or cultural purposes:2-30
(1) In an antique firearm, as that term is defined in 18 U.S.C. §2-31
921(a)(16), as that section existed on January 1, 1999; or2-32
(2) In an antique device which is exempted from the definition of2-33
"destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section2-34
existed on January 1, 1999; or2-35
(c) Any explosive that is manufactured under the regulation of a2-36
military department of the United States, or that is distributed to, or2-37
possessed or stored by, the military or naval service or any other agency2-38
of the United States, or an arsenal, a navy yard, a depot or any other2-39
establishment owned by or operated on behalf of the United States.2-40
Sec. 2. NRS 459.3802 is hereby amended to read as follows: 459.3802 As used in NRS 459.380 to 459.3874, inclusive, and section2-42
1 of this act, unless the context otherwise requires, the words and terms3-1
defined in NRS 459.3804 to 459.3812, inclusive, have the meanings3-2
ascribed to them in those sections.3-3
Sec. 3. This act becomes effective upon passage and approval.~