CHAPTER 60
HB 162 – FINAL VERSION
11Feb2015… 0067h
2015 SESSION
05/09
HOUSE BILL 162
AN ACT transferring authority for explosives and fireworks rules from the director of state police to the commissioner of safety.
SPONSORS: Rep. Welch, Rock 13; Rep. Tholl, Coos 5; Rep. Cushing, Rock 21
COMMITTEE: Executive Departments and Administration
This bill transfers regulatory authority to purchase, store, or transport explosives and explosive substances, including fireworks, from the director of state police to the commissioner of safety.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Feb2015… 0067h
15-0533
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT transferring authority for explosives and fireworks rules from the director of state police to the commissioner of safety.
Be it Enacted by the Senate and House of Representatives in General Court convened:
60:1 License to Purchase, Store, and Transport Explosives and Explosive Substances; Application. Amend RSA 158:9-b to read as follows:
158:9-b Application.
I. Upon application of any resident or non-resident, the [director of state police] commissioner of safety, or some person designated by the [director] commissioner, shall issue a license to such applicant authorizing the applicant to use, purchase and transport explosives in this state for not more than 2 years from the date of issue, if the applicant has a certificate of competency pursuant to RSA 158:9-h, has any proper purposes, and the applicant is a suitable person to be licensed. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the [director] commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety[, division of state police].
I-a. Upon application of any corporation, partnership, or similar entity, the [director of state police] commissioner of safety, or designee, shall issue a license to a corporation, partnership, or similar entity authorizing the use, purchase, and transport of explosives in this state for not more than 2 years from the date of issue, if an employee of such corporation, partnership, or similar entity has a certificate of competency pursuant to RSA 158:9-h. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the [director] commissioner. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety[, division of state police].
II. Upon application of any person, the [director of state police] commissioner of safety, or some person designated by the [director] commissioner, shall issue a license to such applicant authorizing the applicant to store explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the [director] commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety[, division of state police].
III. Upon application of any person, the [director of state police] commissioner of safety, or some person designated by the [director] commissioner, shall issue a license to such applicant authorizing the applicant to sell or market explosives in this state for not more than one year from the date of issue. The license shall be in duplicate and shall bear the name, address, description and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the [director] commissioner. The license shall be issued within a reasonable time after application therefor, and, if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety[, division of state police].
IV. Upon application of any person, [director of state police] commissioner of safety, or designee, shall issue a license to such applicant authorizing the use, purchase, and transport of black powder and other flash powders, in excess of 50 pounds, for the use of fireworks manufacturing, if the applicant has a certificate of competency pursuant to RSA 158:9-f, has any proper purpose, and the applicant is a suitable person to be licensed. For the purposes of any corporation, partnership, or other similar entity, the applicant must be an employee who fulfills all other criteria under this section. The use, purchase, and transport license for black powder or flash powders shall not be issued for more than 2 years from the date of issuance. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original thereof shall be delivered to the licensee and the duplicate shall be preserved by the [director] commissioner. The license shall be issued within a reasonable time after application therefor, and if such application is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety[, division of state police].
60:2 License to Purchase, Store, and Transport Explosives and Explosive Substances; Storage Facility Fee. Amend RSA 158:9-c, III-a to read as follows:
III-a. There shall be a storage facility fee for a storage permit issued by the [director of state police] commissioner of safety for the storage of display fireworks as defined in 27 C.F.R. section 555.11, packaged or unpackaged. This fee shall be the same as that provided under paragraph II(a) through (e).
60:3 License to Purchase, Store, and Transport Explosives and Explosive Substances; Competency Examination. Amend RSA 158:9-c, VI to read as follows:
VI. There shall be a fee of $100 for any competency examination or renewal certificate [given by the director of state police for any examination or certificate] given under this subdivision.
60:4 License Forms. Amend RSA 158:9-d to read as follows:
158:9-d License Forms. The [director of state police] commissioner of safety is hereby authorized and directed to prepare forms for the licenses required by RSA 158:9-a.
60:5 Rules; Enforcement. Amend RSA 158:9-f, I and II to read as follows:
I. The [director of the division of state police] commissioner of safety may adopt rules pursuant to RSA 541-A relative to:
(a) The sale, storage, handling, transportation, inspection, administration, and use of explosives, including provisions relative to the purchase of insurance by commercial entities.
(b) The procedures for the sale, storage, handling, transportation, inspection, administration, permit fees, and use of display fireworks to be followed by the licensing board of any city or town, or if a duly constituted licensing board does not exist, the chief of police of a city or town, if any, or the governing board of a town, city, or village district, when issuing permits for the sale or display of display fireworks pursuant to RSA 160-B. Rules adopted pursuant to this subparagraph shall include a requirement that no person may be issued a display permit for display fireworks unless the person has previously demonstrated his or her competence to handle such displays and has been issued a certificate of competency by the [division of state police] department of safety.
(c) The purchase of insurance by commercial entities, relative to the sale, storage, handling, transportation, inspection, administration, and display of display fireworks.
II. The [director] commissioner of safety or his or her designee shall enforce all laws of the state relative to the sale, storage, handling, transportation, inspection, administration, and use of explosives and display fireworks and rules adopted under this section. The [director] commissioner of safety or his or her designee shall assist the several counties, cities, towns, village districts, and precincts in supervising and enforcing local laws, bylaws, and ordinances where existent, relative to the storage, transportation, sale, and use of explosives and display fireworks. The powers and duties authorized by this section shall not be restricted by the provisions of RSA?106-B:15.
60:6 Certificates of Competency for Explosives. Amend RSA 158:9-h, II to read as follows:
II. No natural person shall conduct blasting operations without a current certificate of competency issued by the [director of the division of state police] commissioner of safety and valid for the category of use involved. Such certificate shall be valid for 4 years from the date of issue unless suspended or revoked by the [director] commissioner.
60:7 Transfer of Rulemaking Authority. All existing rules adopted by the director of state police under RSA 158:9-f shall continue in full force and effect until such rules, in accordance with RSA?541-A, expire, or are amended or repealed by the commissioner of safety.
60:8 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 2, 2015
Effective Date: August 1, 2015