Search OpenLegislation Statutes

This entry was published on 2020-04-10
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
§ 451. Definitions. Whenever used in this article: 1. "Explosives"
means gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, detonators, pyrotechnics and other
detonating agents, fireworks and dangerous fireworks as defined in
section 270.00 of the penal law, smokeless powder and any chemical
compound or any mechanical mixture containing any oxidizing and
combustible units, or other ingredients in such proportions, quantities,
or packing that ignition by fire, friction, concussion, percussion or
detonation of any part thereof may cause and is intended to cause an
explosion, but shall not include gasoline, kerosene, naphtha,
turpentine, benzine, acetone, ethyl ether, benzol or quantities of black
powder not exceeding five pounds for use in firing of antique firearms
or artifacts or replicas thereof. Fixed ammunition and primers for small
arms, pyrotechnic devices which are designed for and being used for
legitimate wildlife management or controls, safety fuses and matches
shall not be deemed to be explosives when, as provided by regulation,
the individual units contain any of the above-mentioned articles or
substances in such limited quantity, of such nature and so packed that
it is impossible to produce an explosion of such units to the injury of
life, limb or property. The term "explosives" shall also include two or
more components that are advertised and sold together with instructions
on how to combine the components to create any device designed or
specially adapted to facilitate a detonation or combustion.

2. "Highway" means any public street, public highway, public alley or
navigable waterway, which is open for traffic. Navigable waterways shall
be considered as only those susceptible of being used, in their ordinary
condition, as highways of commerce.

3. "Railroad" or "railway" means any railroad that carries passengers
or freight for hire, but shall not include auxiliary tracks, spurs and
sidings installed and primarily used in serving any mine, quarry or

4. "Building" means any building regularly occupied in whole or in
part as a habitation for human beings, and any church, school house,
railway station or other building or place where people are accustomed
to live, work or assemble, but does not mean or include any of the
buildings of a manufacturing plant where the business of manufacturing
explosives is carried on.

5. "Explosives factory" means any building or other structure in which
the manufacture of explosives or any part of the manufacture thereof is
carried on.

6. "Magazine" means any building or other structure, other than an
explosives factory, used to store explosives.

7. "Efficient barricade" means natural features of the ground, a dense
woods, an artificial mound or a properly revetted wall of earth not less
than three feet thick at the top, spaced at least three feet at the
bottom from any explosives factory or magazine, the height of which is
such that any straight line drawn from the top of any side wall of the
explosives factory or magazine to the top of a building or to a point
twelve feet above the center of a railroad or highway to be protected
will pass through such intervening barricade.

8. "Person" includes any natural person, partnership, association or

9. "Manufacturer" means any person who is engaged in the manufacture
or production of explosives.

10. "Dealer" means any person engaged in the business of buying and
selling explosives.

11. "Pyrotechnics" means any combustible or explosive compositions of
manufactured articles designed and prepared for the purpose of producing
audible or visible effects that are commonly referred to as fireworks.