2001 Minnesota Statutes

     299F.19 Flammable liquids and explosives. 

    Subdivision 1.    Rules.  The commissioner of public 
 safety shall adopt rules for the safekeeping, storage, handling, 
 use, or other disposition of flammable liquids, flammable gases, 
 blasting agents, and explosives.  Loads carried in or on 
 vehicles transporting such products upon public highways within 
 this state shall be governed by the uniform vehicle size and 
 weights provisions in sections 169.80 to 169.88 and the 
 transportation of hazardous materials provisions of section 
 221.033.  The rules for flammable liquids and flammable gases 
 shall be distinguished from each other and from the rules 
 covering other materials subject to regulation under this 
 subdivision. 

    Subd. 2.    Blasting agent defined; explosives classified. 
  (a) For the purposes of this section, and the rules adopted 
 pursuant thereto, the term blasting agent means any material or 
 mixture, consisting of a fuel and oxidizer, intended for 
 blasting, not otherwise classified as an explosive and in which 
 none of the ingredients is classified as an explosive, providing 
 that the finished product, as mixed and packaged for use or 
 shipment, cannot be detonated by means of a number 8 test 
 blasting cap when unconfined.  The term blasting agent does not 
 include flammable liquids or flammable gases. 

    (b) For the purposes of this section, and the rules adopted 
 pursuant thereto, explosives are divided into three classes and 
 are defined as follows: 

    (1) class A explosives:  possessing detonating or otherwise 
 maximum hazard, such as dynamite, nitroglycerin, picric acid, 
 lead azide, fulminate of mercury, blasting caps, and detonating 
 primers; 

    (2) class B explosives:  possessing flammable hazard, such 
 as propellant explosives (including some smokeless powders), 
 black powder, photographic flash powders, and some special 
 fireworks; 

    (3) class C explosives:  includes certain types of 
 manufactured articles which contain class A, or class B 
 explosives, or both, as components but in restricted quantities. 

 The term explosive or explosives means any chemical compound, 
 mixture or device, the primary or common purpose of which is to 
 function by explosion; that is, with substantially instantaneous 
 release of gas and heat, unless such compound, mixture, or 
 device is otherwise specifically classified by the United States 
 department of transportation.  The term explosives includes all 
 material which is classified as class A, class B, and class C 
 explosives by the United States department of transportation, 
 and includes, but is not limited to dynamite, black powder, 
 pellet powder, initiating explosives, blasting caps, electric 
 blasting caps, safety fuse, fuse lighters, fuse igniters, 
 squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, 
 igniters, and some special fireworks.  Commercial explosives are 
 those explosives which are intended to be used in commercial or 
 industrial operation.  The term explosives does not include 
 flammable liquids or flammable gases. 

    Subd. 3.    Applicability to ordinances.  No local 
 government shall enact any regulation or ordinance which is 
 inconsistent with the rules adopted by the commissioner of 
 public safety pursuant to this section.  Nothing in this section 
 shall be construed to affect the power of any local government, 
 when so authorized by law, to regulate the use of land by 
 zoning.  Any city in which there is no comprehensive zoning 
 ordinance in effect may prohibit the installation or erection of 
 flammable liquid bulk plants within areas which are 
 predominantly residential or in areas used predominantly for 
 retail mercantile purposes.  Any city may prescribe routes for 
 the transportation of flammable liquids through such city by 
 motor vehicle transport. 

    Subd. 4.    Local authority.  The fire marshal of each 
 city of the first class, the chief of the fire department of 
 each other city in which a fire department is established, the 
 mayor of each city in which no fire department exists, the 
 president of the statutory city board of each statutory city in 
 which no fire department exists, and the town clerk of each town 
 without the limits of any city shall enforce within their 
 respective jurisdictions all rules adopted pursuant to this 
 section and shall render such other assistance as may be 
 requested. 

    Subd. 5.    Misdemeanor.  Any violation of a rule shall 
 constitute a misdemeanor. 

    Subd. 6.    Procedure for adopting rules.  The code and 
 all amendments thereto shall be adopted in accordance with the 
 procedures of the Administrative Procedure Act.  

    HIST: 1949 c 292 s 2; 1957 c 424 s 1-3; 1963 c 437 s 1-4; 1973 
 c 123 art 5 s 7; 1981 c 106 s 4; 1981 c 253 s 31; 1Sp1981 c 4 
 art 1 s 156; 1984 c 520 s 24,25