New Jersey Revised Statutes Title 21 - Explosives And Fireworks

• Section 21:1a-128 - Short Title
  This act shall be known and may be cited as the "Explosives Act." L.1960, c. 55, p. 468, s. 1, eff. June 21, 1960.
• Section 21:1a-129 - Definitions
  As used in this act unless the context clearly indicates otherwise: (a) "Act" means this act and rules and regulations promulgated hereunder. (b) "Commissioner"...
• Section 21:1a-130 - Enforcement
  The commissioner shall enforce the provisions of this act, make complaints against persons violating its provisions, and prosecute violations of the same. The commissioner...
• Section 21:1a-131 - Rules And Regulations
  The commissioner may make and promulgate rules and regulations necessary to further the purposes of this act. The rules and regulations may include requirements...
• Section 21:1a-132 - Prohibited Acts; Exceptions; Permit Required; Records And Reports Of Permittees; Disposal Of Deteriorated Or Leaking Explosives
  It is prohibited for any person to manufacture, store, sell, transport, use, dispose of, or possess explosives in any manner except as permitted under...
• Section 21:1a-133 - Permits For Manufacture, Sale, Storage, Transportation Or Use Of Explosives
  Any person who shall manufacture, sell, store, transport or use explosives first shall obtain a written or printed permit from the commissioner, which permit...
• Section 21:1a-134 - Investigation Of Applicant; Permit Issued, Subject To Amendment; Information Furnished; Qualifications; Expiration; Fees.
  7.Upon receipt of an application for a permit to manufacture, store, sell, transport or use explosives, and before the permit is issued, the commissioner...
• Section 21:1a-135 - Manufacturing Establishments Under Jurisdiction Of Commissioner; Plan Of Establishment Kept In Main Office; Contents; Filing Of Plan May Be Required; Quantity And Distance Table
  All explosives manufacturing establishments shall come under the jurisdiction of the commissioner in accordance with the provisions of Title 34 of the Revised Statutes...
• Section 21:1a-136 - Magazines; Requirements
  All explosives, except those in the process of manufacture or being transported or used as permitted by this act, shall be stored in a...
• Section 21:1a-137 - Transportation Of Explosives
  A. The person using any vehicle for the transportation of explosives, whether he be the owner or lessee, shall be responsible for the keeping...
• Section 21:1a-138 - Blasting Operations
  A. Persons authorized to conduct blasting operations and their employers or persons in charge of the operation shall comply with all provisions of this...
• Section 21:1a-139 - Jurisdiction Of Commissioner; Law Governing Manufacture, Sale, Transportation, Storage Or Use Of Explosives
  The commissioner shall have exclusive jurisdiction over the regulation of the manufacture, sale, transportation, storage and use of explosives. This act shall supersede any...
• Section 21:1a-140 - Violations; Penalties; Revocation Of Permits; Nonconforming Uses.
  13.It shall be unlawful for any person, partnership, firm, association or corporation, and any officer, agent or employee thereof, to violate or proximately contribute...
• Section 21:1a-141 - Exemptions
  Nothing contained in this act shall be construed as applying to the military or naval forces of the United States or its allies, or...
• Section 21:1a-142 - Possession Of Explosives Or Bombs For Unlawful Purpose
  Any person who shall have in his possession or control any explosives, including any bomb, shell or similar device filled with one or more...
• Section 21:1a-143 - Partial Invalidity
  If any provision of this act is adjudged unconstitutional or invalid for any reason, such adjudication shall not affect any of the other provisions...
• Section 21:1a-144 - Repeals
  The following statutes are hereby repealed: P.L.1941, c. 27 (approved March 28, 1941) and all amendments and supplements thereto. Sections 34:5-24 through 34:5-32 of...
• Section 21:1b-1 - Definitions.
  1.As used in this chapter: "Board" means the Liquefied Petroleum Gas Education and Safety Board; "Bulk plant" means intermediate establishments or points of storage...
• Section 21:1b-2 - Regulations Concerning Transporting Of Liquefied Petroleum Gases.
  2. (a) The Superintendent of State Police shall coordinate the implementation and enforcement of regulations adopted pursuant to P.L.1983, c.401 (C.39:5B-25 et seq.) concerning...
• Section 21:1b-3 - Installation, Maintenance Of Equipment.
  3.All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section 2...
• Section 21:1b-4 - Containers And Receptacles
  No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or...
• Section 21:1b-5 - Violations, Penalties.
  5.It shall be unlawful for any person, firm, association, or corporation, on and after the effective date of this act to violate any of...
• Section 21:1b-6 - Additional Penalties.
  6.In addition to the penalties provided in section 5 of P.L.1950, c.139 (C.21:1B-5), any person, firm or corporation who shall violate or remain in...
• Section 21:1b-7 - Ordinances Not To Conflict With Regulations
  No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this act or with...
• Section 21:1b-8 - Declaration Of Necessity
  The State of New Jersey hereby finds, determines and declares that this act is necessary for the immediate preservation of the public peace, health...
• Section 21:1b-9 - Transfer Of Powers, Functions And Duties Of Superintendent Of State Police To Commissioner Of Labor And Industry
  All the powers, functions and duties heretofore exercised by the Superintendent of State Police pursuant to the provisions of P.L.1950, c. 139, as amended...
• Section 21:1b-10 - Rules, Regulations And Orders Of Superintendent Of State Police; Continuance
  a. All rules and regulations promulgated by the Superintendent of State Police relating to such places of employment shall remain in full force and...
• Section 21:1b-11 - Method Of Transfer
  The transfer directed by this act shall be effected pursuant to the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.). L.1972,...
• Section 21:1b-12 - Liquefied Petroleum Gas Education And Safety Board.
  1. a. There is created within the Department of Community Affairs the Liquefied Petroleum Gas Education and Safety Board. This board shall be advisory...
• Section 21:1b-13 - Powers Of Board.
  2. a. The Liquefied Petroleum Gas Education and Safety Board is empowered to: (1)recommend to the Commissioner of Community Affairs for proposal and adoption...
• Section 21:1b-14 - Areas Over Which Board Has No Authority.
  3.The board shall have no authority governing: a.The production, refining or manufacture of liquefied petroleum gas; b.The storage, sale, or transportation of liquefied petroleum...
• Section 21:1b-15 - Recommendations To Commissioner Of Assessments; Disbursement; "Liquefied Petroleum Gas Education And Safety Board Fund."
  4. a. The board may recommend to the Commissioner of Community Affairs the level of an assessment to be levied on liquefied petroleum gas...
• Section 21:1c-1 - Definitions
  1. As used in this act: "Model rocket" means a commercially made rocket that is propelled by a rocket motor; that contains a device...
• Section 21:1c-2 - Examination And Testing Of Model Rockets; Certification
  2. Model rockets offered for sale, sold, used, or made available to the public in this State shall be examined and tested by the...
• Section 21:1c-3 - Model Rocket, Certification Required For Sale Or Usage
  3. A model rocket shall not be sold, offered for sale, made available to the public, or used in this State unless it has...
• Section 21:1c-4 - Age Requirements Of Purchaser; Storage Permit Conditions
  4. a. A person at least 14 years of age, but less than 18 years of age, shall be eligible to purchase and use...
• Section 21:1c-5 - Violation; Penalty
  5. A person who violates any of the provisions of this act shall be fined $100.00 which shall be collected in a civil action...
• Section 21:1c-6 - Rules, Regulations
  6. The Commissioner of the Department of Labor shall establish rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)...
• Section 21:2-1 - Short Title Of Act
  This chapter may be cited as the "fireworks regulation law" .
• Section 21:2-2 - General Definitions
  As used in this chapter: "Fireworks" include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the...
• Section 21:2-3 - "Dangerous Fireworks" Defined
  "Dangerous fireworks" mean and include the following: Toy torpedoes containing more than 5 grains of an explosive composition. Paper caps containing more than .35...
• Section 21:2-4 - Application Of Chapter
  Nothing in this chapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed...
• Section 21:2-5 - Explosives Laws Not Repealed
  Nothing in this chapter contained shall be deemed to repeal any of the provisions of chapter one of this title (s. 21:1-1 et seq.).
• Section 21:2-6 - Dangerous Fireworks Prohibited
  It shall be unlawful to manufacture, sell, transport or use dangerous fireworks within the state.
• Section 21:2-7 - Fireworks Showers, Pyrotechnics, Prohibited In Certain Buildings, Exceptions.
  21:2-7. a. The use of what are technically known as fireworks showers, or of any composition containing potassium and sulphur, inside any building other...
• Section 21:2-8 - Factory Buildings; Location Of
  No factory building shall be situated nearer than two hundred feet from any inhabited building or to any highway or to any railroad, nor...
• Section 21:2-9 - Storage Buildings; Location Of
  No building in a fireworks plant used for the storage of finished fireworks, other than those containing only sparklers, shall be situated nearer than...
• Section 21:2-10 - Fences, Gates And Watchmen
  All fireworks plants shall be inclosed on all sides by substantial fences and all openings to such inclosures shall be fitted with suitable gates,...
• Section 21:2-11 - Fire Protection
  21:2-11. Fireworks plants and all buildings situated within fireworks plant inclosures, shall be equipped with suitable fire protection, commensurate with the hazard involved, to...
• Section 21:2-12 - Precautions Against Fire
  No stoves, exposed flame or electrical heating devices shall be used in any part of any fireworks plant, except in the boiler room or...
• Section 21:2-13 - Storage In Factory Buildings Prohibited
  Fireworks in the finished state shall not be stored in buildings where fireworks are in process of manufacture.
• Section 21:2-14 - Character Of Fireworks Which May Be Manufactured
  No fireworks may be manufactured except such as shall be approved for transportation by the regulations of the interstate commerce commission.
• Section 21:2-15 - Marking Packages
  21:2-15. The outside of each package of fireworks prepared by a manufacturer shall bear upon the outside thereof the words "Fireworks--Handle Carefully--Keep Fire Away"...
• Section 21:2-16 - Uniforms Of Employees
  All factory employees in fireworks plants employed in loading, filling or handling of charged fireworks in process of manufacture, or of explosive compositions, shall...
• Section 21:2-17 - Matches, Liquor And Narcotics
  No employee or other person shall enter or attempt to enter any fireworks plant with matches or other flame-producing devices, nor with liquor or...
• Section 21:2-18 - Smoking And Carrying Matches In Fireworks Plant
  No person shall smoke nor carry matches, a lighted cigar, cigarette or pipe within any room or inclosed place or upon any part of...
• Section 21:2-19 - Warning Signs
  All fireworks plants shall be properly posted with "Warning" and "No Smoking" signs.
• Section 21:2-20 - Containers For Matches At Entrances
  It shall be the duty of the superintendent, foreman or other person in charge of any fireworks plant to provide safety containers for matches...
• Section 21:2-21 - Inspection
  On receipt of an application to operate a fireworks plant, the commissioner of labor shall cause an inspection to be made of the premises...
• Section 21:2-22 - Certificate Of Registration; Posting
  If the conditions in the fireworks plant conform to the provisions of this chapter, the commissioner of labor shall issue a certificate of registration...
• Section 21:2-23 - Denial Of Certificate; Reasons Filed
  If the commissioner denies an application for a certificate of registration, he shall file in his office a statement of the reasons therefor and...
• Section 21:2-24 - Revocation Of Certificate
  The commissioner may revoke a certificate of registration if the fireworks plant is not maintained in accordance with the provisions of this chapter applicable
• Section 21:2-25 - Statement Of Reasons For Revocation
  If a certificate is revoked the commissioner shall file in his office a statement of the reasons therefor and furnish a copy of same...
• Section 21:2-26 - Records And Duplicates Of Certificates
  A record of the certificates of registration issued and revoked shall be kept on file in the office of the commissioner, and a duplicate...
• Section 21:2-27 - Indemnity Bond
  The owner or operator of any fireworks plant, within sixty days after demand therefor in writing by the commissioner of labor, unless exempted therefrom...
• Section 21:2-28 - Exemption From Filing Bond
  Any fireworks plant owner or operator desiring to be exempted from filing such bond may make application to the state department of banking and...
• Section 21:2-29 - Prohibited Places Of Storage Or Sale
  It shall be unlawful to store or sell fireworks: a. In any building where paints, oils or varnishes are manufactured or kept for use...
• Section 21:2-29.1 - Permit To Store Or Sell Fireworks For Use For Agricultural Purposes
  It shall be unlawful to store or sell fireworks, designed or intended to be used for agricultural purposes as pest-control bombs in connection with...
• Section 21:2-30 - Smoking Not Allowed In Place Of Sale
  No smoking shall be allowed in any building where fireworks are offered for sale. Over each entrance to such a store a sign in...
• Section 21:2-35 - Violations; Crime Of Fourth Degree
  Any person who fails to comply with or violates any of the provisions of this chapter shall be guilty of a crime of the...
• Section 21:2-36 - Delivery Of Fireworks Prohibited; Exceptions
  a. A person shall not knowingly deliver fireworks to a person within this State unless the person to whom delivery is to be made...
• Section 21:2-37 - Registration Of Fireworks Manufacturers, Dealers
  A person who is the owner or manager of a legally operated commercial enterprise involving the manufacture, distribution, storage, or sale of fireworks shall,...
• Section 21:3-1 - Sale, Use, Etc., Declared Against Public Health, Safety And Welfare
  The sale, exposure for sale, use, distribution or possession of fireworks or pyrotechnics in the state of New Jersey, except as hereinafter provided, is...
• Section 21:3-2 - Sale, Possession Or Use Prohibited; Exceptions
  21:3-2. It shall be unlawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any blank cartridge,...
• Section 21:3-3 - Permits For Public Displays; Application; Restrictions
  21:3-3. The governing body of any municipality, other than a county, notwithstanding any of the provisions of this chapter to the contrary, may, upon...
• Section 21:3-4 - Contents Of Applications For Permits; Approval Of Storage Place; Permit Not Transferable
  21:3-4. All such applications for permits shall set forth the name of the person authorized to purchase, or otherwise order, and receive delivery of...
• Section 21:3-5 - Surety By Licensee
  The governing body of the municipality shall require surety which may be cash, government bonds, personal bond, or other form of insurance in a...
• Section 21:3-6 - Copy Of Application And Permit Forwarded To Department Of Labor
  21:3-6. A duplicate copy of the application and of the permit granted shall be forwarded to the Office of Safety Compliance in the Department...
• Section 21:3-7 - Effect On Existing Laws; Exceptions
  Nothing in this chapter contained shall be construed to interfere with the provisions of chapter 2 of this title (s. 21:2-1 et seq.) where...
• Section 21:3-8 - Penalties For Violations
  21:3-8. Penalties for violations Any person who sells, offers or exposes for sale, or possesses with intent to sell any fireworks as herein mentioned...
• Section 21:3-9 - Enforcement By Municipalities
  The municipalities of this State, and the Department of Labor and Industry, are hereby charged with the enforcement of all of the provisions of...

Last modified: October 11, 2016