CHAPTER 89

An Act to amend the Code of Virginia by adding a section numbered
40-20.8, so as to require a permit from the Department of Labor and
Industry to engage in business involving explosives; to establish the
term and nontransferability of such permits; and to prescribe the
contents of, use of and fee for obtaining same. CH 308]

Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
40-20.3, as follows:

§ 40-20.8. (a) No person shall engage in the manufacture, storage,
handling, use or sale of explosives or blasting agents, as defined in
§ 40-20.1, without obtaining a proper permit so to do from the Department.

(b) Permits, other than a Special Use Permit, shall be effective for
the remainder of the calendar year in which issued and shall expire on
the thirty-first day of December thereof. Application may be made in
December for the ensuing calendar year in which such permits shall be
effective. The fees required by this section shall be required for all permits
issued for the calendar year nineteen hundred sixty-seven or any part
thereof or any year thereafter or part thereof.

(c) Permits shall not be transferable.

(d) Permits shall be posted or used as prescribed on the face thereof.

(e) Individual applicants for a permit shall be twenty-one years of
age or older. Each application shall be submitted to the Department accom-
panied by a post office money order or check drawn in favor of the State
Treasurer in the amount specified in subsection (f) of this section appro-
priate for the type of permit requested.
f) Types of permits issuable, accompanied by appropriate applica-
tion fee are the following:

(i) For manufacturing—twenty-five dollars;

(ii) For storing and using explosives or blasting agents in Class A
which is defined as a magazine containing more than two hun-
dred pounds of explosives—five dollars ;

(iii) For storing and using explosives or blasting agents in Class B
Magazine which is defined as a magazine containing two hundred pounds
or less—two dollars;

(iv) For selling wholesale and retail—fifteen dollars;

(v) For selling wholesale—ten dollars;

(vi) For selling retail—five dollars;

(vii) For special use, which permits are defined i in. subsection (g) of
this section—one dollar; and

(viii) For small users which permits are defined i in subsection (h) of
this section—two dollars.

(g) A Special Use Permit is one which the Department may issue to

a person not storing explosives or blasting agents to secure from
another person owning an approved magazine and holding a permit for
same, a limited quantity of explosives or blasting agents, not to exceed
one hundred pounds, for immediate use on a specific blasting project. Any
unused explosives or blasting agents shall be returned to the magazine
from which secured at the end of each work day: Such special use per-
mittee shall comply with all other applicable requirements of this section
and rules and regulations of the Department and Safety Codes Com-
mission.

(h) A Small User’s Permit is one which the Department may issue
for the purchase and use of a small quantity of explosives or blasting
agents not to exceed fifty pounds. To be eligible for a Small User’s Permit,
the applicant must be operating a legitimate business under a license or
charter issued by proper authority and must indicate the number and
expiration date of same on his application, provided cemeteries having a
grave-opening service, and not required to have a Heense. or to
operate, may be issued a permit.

(i) A separate permit must be obtained for each Magazine, each
manufacturing operation, each sales operation, and each special use
project.

(j) The provisions of this section shail not apply to a person storing
or using twenty-five or fewer pounds of explosives: or blasting agents on
property owned or occupied by him; provided, however,.such person shall
comply with all rules and regulations promulgated by the Department and
Safety Codes Commission.

(k) The provisions of this section shall not apply to the storage,

or use of explosives or blasting agents carried on under the pro-
visions of Title 45 of the Code of Virginia.

(1) Any person who violates the provisions of this section shall be
guilty of a misdemeanor and shall be fined not less than twenty-five dollars
nor more than one hundred dollars. Each day that such person continues in
any activity which violates the provisions of this sections shall be consid-
ered a separate offense.