Subchapter A. GENERAL PROVISIONS
Sec.
211.1 and 211.2. [Reserved].
211.31. [Reserved].
211.32—211.44. [Reserved].
211.51—211.56. [Reserved].
211.61 and 211.62. [Reserved].
211.71. [Reserved].
211.72. [Reserved].
211.73—211.76. [Reserved].
211.81—211.87. [Reserved].
211.88. [Reserved].
211.101. Definitions.
211.102. Scope.
211.103. Enforcement.
Cross References This subchapter cited in 25 Pa. Code § 211.191 (relating to scope).
§ § 211.1 and 211.2. [Reserved].
Source The provisions of these § § 211.1 and 211.2 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243466) to (243469).
§ 211.31. [Reserved].
Source The provisions of this § 211.31 amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294; reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial page (243469).
§ § 211.32—211.44. [Reserved].
Source The provisions of these § § 211.32—211.44 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243469) to (243482).
§ § 211.51—211.56. [Reserved].
Source The provisions of these § § 211.51—211.56 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243481) to (243490).
§ § 211.61 and 211.62. [Reserved].
Source The provisions of these § § 211.61 and 211.62 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243490) to (243495).
§ 211.71. [Reserved].
Source The provisions of this § 211.71 reserved October 15, 1982, effective October 16, 1982, 12 Pa.B. 3736. Immediately preceding text appears at serial page (11436).
§ 211.72. [Reserved].
Source The provisions of this § 211.72 amended October 15, 1982, effective October 16, 1982, 12 Pa.B. 3736; reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243495) to (243496).
§ § 211.73—211.76. [Reserved].
Source The provisions of these § § 211.73—211.76 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial pages (243496) to (243497).
§ § 211.81—211.87. [Reserved].
Source The provisions of these § § 211.81—211.87 reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial text pages (243497) to (243499).
§ 211.88. [Reserved].
Source The provisions of this § 211.88 amended July 28, 1972, 2 Pa.B. 1439; reserved July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751. Immediately preceding text appears at serial page (243499).
§ 211.101. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ATF—The United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
Access point—A point in the outer perimeter security and a point in the inner perimeter security that allows entry to or exit from the magazine or the magazine site.
Acts—Sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161), section 3 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § 166) and Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35).
Airblast—An airborne shock wave resulting from an explosion, also known as air overpressure, which may or may not be audible.
At-the-hole communication—Communication between the driller who drilled the blast holes to be loaded in a blast and the blaster-in-charge of that blast in which the driller describes the conditions of the boreholes that the driller drilled. At-the-hole communication may consist of cones placed in the boreholes with messages describing borehole conditions or verbal communication in which the driller describes the condition of the boreholes.
Blast area—The area around the blast site that must be cleared and secured to prevent injury to persons and damage to property.
Blast site—The specific location where the explosives charges are loaded into the blast holes.
Blaster—An individual who is licensed by the Department under Chapter 210 (relating to blasters’ licenses) to detonate explosives and supervise blasting activities.
Blaster-in-charge—The blaster designated to have supervision and control over all blasting activities related to a blast.
Blasting activity—The actions associated with the use of explosives from the time of delivery of explosives to a worksite until all postblast measures are taken, including priming, loading, stemming, wiring or connecting, detonating, and all necessary safety, notification and monitoring measures.
Building—A structure that is designed for human habitation, employment or assembly.
Charge weight—The weight in pounds of an explosive charge.
Concertina razor wire—Razor wire that is extended in a spiral for use as a barrier, such as along or on a fence and having a minimum of 101 coils of wire to 50 linear feet.
Cube root scaled distance (Ds1/3)—A value calculated by using the formula Ds1/3 = D/(cube root) W, where actual distance (D) in feet measured in a horizontal line from the blast site to the nearest building or structure not owned or leased by the blasting activity applicant, the permittee or their customers, is divided by the cube root of the maximum weight of explosives (W) in pounds detonated per delay period of less than 8 milliseconds. Cube root scaled distance is used to estimate airblast levels.
Delay interval—The designed time interval, usually in milliseconds, between successive detonations.
Detonator—(i) A device containing an initiating or primary explosive that is used for initiating detonation of explosives.
(ii) The term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord, delay connectors, and nonelectric instantaneous and delay blasting caps.
Explosives—Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. The term includes all items in the ‘‘List of Explosive Materials’’ provided for in 27 CFR 555.23 (relating to list of explosive materials).
FMCSA inspection—The inspection required by the Federal Motor Carrier Safety Administration in 40 CFR 396.3 (relating to inspection, repair, and maintenance).
Flyrock—Overburden, stone, clay or other material cast from the blast site through the air or along the ground, by the force of a blast, and which travels to one of the following areas:(i) Beyond the blast area.
(ii) Beyond permit boundaries on blasting operations on mining permits issued under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19b) or the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3301—3326).
Indoor magazine—A magazine located entirely within a secure intrusion-resistant and theft-resistant building which is primarily used for commercial or industrial purposes.
Inner perimeter security—Measures taken to increase the intrusion resistance and theft resistance of a magazine that encircles an individual or a group of magazines. These measures lie within the outer perimeter security measures.
MSHA—The United States Department of Labor, Mine Safety and Health Administration.
Magazine—A structure used for the storage of explosives.
Misfire—Incomplete detonation of explosives.
OSHA—The United States Department of Labor, Occupational Safety and Health Administration.
Outdoor magazine site—The contiguous area of land upon which the following are located: a magazine or group of magazines; the outer perimeter security, and the inner perimeter security, if any.
Outer perimeter security—Measures taken to increase the intrusion resistance of magazines that encircle the area where the magazines are situated.
Particle velocity—A measure of the intensity of ground vibration, specifically the time rate of change of the amplitude of ground vibration.
Peak particle velocity—The maximum intensity of particle velocity.
Person—A natural person, partnership, association or corporation, or an agency, instrumentality or entity of state government or a municipality.
Primer—A cartridge or package of high explosives into which a detonator has been inserted or attached.
Square root scaled distance (Ds)—A value calculated by using the formula Ds = D/(square root) W, where actual distance (D) in feet, measured in a horizontal line from the blast site to the nearest building or structure, neither owned nor leased by the blasting activity permittee or its customer, divided by the square root of the maximum weight of explosives (W) in pounds, that is detonated per delay period of less than 8 milliseconds. Square root scaled distance is used to estimate ground vibration.
Stemming—Inert material placed in a blast hole after an explosive charge for the purpose of confining the explosion gases to the blast hole, and inert material used to separate explosive charges in decked holes.
Structure—(i) A combination of materials or pieces of work built or composed of parts joined together in some definite manner for occupancy, use or ornamentation.
(ii) The term includes everything that is built or constructed, including bridges, offices, water towers, silos and dwellings.
Utility line—An electric cable, fiber optic line, pipeline or other type of conduit used to transport or transmit electricity, gases, liquids and other media including information.
Wheeled vehicle—A vehicle that moves about on three or more wheels and has a gross vehicle weight of less than 11,000 pounds.
Authority The provisions of this § 211.101 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.101 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 17, 2005, effective June 18, 2005, 35 Pa.B. 3406; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial pages (311861) to (311863).
§ 211.102. Scope.
(a) This chapter applies to persons using or storing explosives and engaging in blasting activities in this Commonwealth. Persons storing explosives underground at permitted underground mines are exempt from this chapter. Persons conducting blasting underground at underground mines shall comply with § 211.151 (relating to prevention of damage or injury). The storage of explosives in magazines on the surface at an underground mine is subject to the applicable requirements of this chapter. The provisions of this chapter that are more stringent than the blasting provisions in Chapters 77, 87 and 88 (relating to noncoal mining; surface mining of coal; and anthracite coal) apply to blasting activities at coal or noncoal surface mines.
(b) Compliance with this chapter does not relieve a person who is engaged in blasting activities from compliance with other applicable laws or regulations of the Commonwealth.
Authority The provisions of this § 211.102 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.102 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial pages (311863) to (311864).
§ 211.103. Enforcement.
(a) The Department may issue orders necessary to implement this chapter including an order to suspend, modify or revoke a license or permit authorized by this chapter, or to require corrective action for a violation identified in subsection (c).
(b) Before issuing an order modifying peak particle velocity or airblast limits in a blasting activity permit, the Department will first provide the permittee with an opportunity to meet and discuss modifications.
(c) It is a violation of this chapter to:
(1) Fail to comply with this chapter or Chapter 77, 87 or 88 (relating to noncoal mining; surface mining of coal; and anthracite coal), regarding storage and use of explosives.
(2) Fail to comply with any order or permit or license of the Department issued under this chapter or Chapter 77, 87 or 88.
(3) Hinder, obstruct or interfere with the Department or its personnel in the performance of any duty hereunder.
(4) Violate 18 Pa.C.S. § 4903 or § 4904 (relating to false swearing; and unsworn falsification to authorities).
(d) The Department will not issue a permit or license to any person who has done any of the following:
(1) Failed or continues to fail to comply with this chapter, a condition of a permit issued under this chapter or an order issued to enforce the requirements of this chapter.
(2) Demonstrated an inability or lack of intention to comply with this chapter as indicated by a past or continuing violation.
(3) Not complied with the 18 U.S.C.A. Chapter 40 and 27 CFR Part 555 (relating to commerce in explosives) and does not have an ATF license or permit, when required.
Authority The provisions of this § 211.103 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.103 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (311864).
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