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Minnesota Legislature

Office of the Revisor of 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 blasting agents and explosives. Loads
carried in or on vehicles transporting these products upon public highways within this state are
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.
    Subd. 2. Blasting agent defined; explosives classified. For the purposes of this section
and the rules adopted pursuant to this section:
(a) "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.
"Blasting agent" does not include flammable liquids or flammable gases.
(b) "Explosive" means any chemical compound, mixture, or device, the primary or common
purpose of which is to function by explosion. The term includes, but is not limited to, dynamite,
black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating
cord, igniter cord, igniters, display fireworks, and class 1.3G fireworks (formerly classified
as Class B special fireworks). "Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also includes any material classified as an
explosive other than consumer fireworks, 1.4G (Class C, Common), by the hazardous materials
regulations of the United States Department of Transportation (DOTn) in Code of Federal
Regulations, title 49.
(c) Explosives are divided into four categories and are defined as follows:
(1) High explosive: explosive material, such as dynamite, that can be caused to detonate by
means of a number eight test blasting cap when unconfined.
(2) Low explosive: explosive material that will burn or deflagrate when ignited, characterized
by a rate of reaction that is less than the speed of sound, including, but not limited to, black
powder, safety fuse, igniters, igniter cord, fuse lighters, class 1.3G fireworks (formerly classified
as Class B special fireworks), and class 1.3C propellants.
(3) Mass-detonating explosives: division 1.1, 1.2, and 1.5 explosives alone or in combination,
or loaded into various types of ammunition or containers, most of which can be expected to
explode virtually instantaneously when a small portion is subjected to fire, severe concussion,
impact, the impulse of an initiating agent, or the effect of a considerable discharge of energy from
without. Materials that react in this manner represent a mass explosion hazard. Such an explosive
will normally cause severe structural damage to adjacent objects. Explosive propagation could
occur immediately to other items of ammunition and explosives stored sufficiently close to and
not adequately protected from the initially exploding pile with a time interval short enough so that
two or more quantities must be considered as one for quantity-distance purposes.
(4) United Nations/United States Department of Transportation (UN/DOTn) Class 1
explosives: the hazard class of explosives that further defines and categorizes explosives under
the current system applied by DOTn for all explosive materials into further divisions as follows,
with the letter G identifying the material as a pyrotechnic substance or article containing a
pyrotechnic substance and similar materials:
(i) Division 1.1 explosives have a mass explosion hazard. A mass explosion is one that
affects almost the entire load instantaneously.
(ii) Division 1.2 explosives have a projection hazard but not a mass explosion hazard.
(iii) Division 1.3 explosives have a fire hazard and either a minor blast hazard or a minor
projection hazard or both, but not a mass explosion hazard.
(iv) Division 1.4 explosives pose a minor explosion hazard. The explosive effects are
largely confined to the package and no projection of fragments of appreciable size or range is
to be expected. An external fire must not cause virtually instantaneous explosion of almost the
entire contents of the package.
(v) Division 1.5 explosives are very insensitive and are comprised of substances that have a
mass explosion hazard, but are so insensitive that there is very little probability of initiation or of
transition from burning to detonation under normal conditions of transport.
(vi) Division 1.6 explosives are extremely insensitive and do not have a mass explosion
hazard, comprised of articles that contain only extremely insensitive detonating substances and
that demonstrate a negligible probability of accidental initiation or propagation.
    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.
History: 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; 2005 c 136 art 9 s 9,10