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Explosives Act, 1956 (Act No. 26 of 1956)

Explosives Regulations

Chapter 9 : Storage and Sale of Blasting Materials and Fireworks by Licensed Dealers

 

 

General

 

9.1 For the purposes of the regulations of this Chapter--

"fireworks" shall mean explosives of Class 7, Division 2, shop goods only;

"premises" shall mean any building or room in which explosives are stored, kept or handled for the purpose of sale; when a building is divided into more than one room, each room so used shall be considered to be separate premises;

"retail dealer" shall mean a person or concern that, for the purposes of trade, supplies explosives to any person for use or consumption by that person and not for re-sale;

"wholesale dealer" shall mean a person or concern that, for the purposes of trade, supplies explosives to any other dealer for resale.

 

9.2 No person, other than the manufacturer, shall sell or deal in blasting materials and fireworks unless he is in possession of a licence issued by an inspector, and except in accordance with the conditions of that licence.

 

9.3 Application for the licence referred to in regulation 9.2 shall be made to the Chief Inspector of Explosives. In the application shall be stated--
a) the full name under which the business is to be carried on;
b) the full name(s) of the proprietor(s), several partners, or in the case of a company, the full name of the local secretary and manager;
c) the type of explosive it is desired to trade in; and
d) the full address (number, street and town) at which the business is to be carried on.

 

9.4 Every dealer shall keep records in a manner and form as may be prescribed by the Chief Inspector of Explosives and shall make such returns as may be required by him.

 

Blasting Materials

 

9.5 A dealer in blasting materials shall keep his supply of explosives in magazines erected, licensed and maintained in accordance with the provisions of Chapters 7 and 8 of these regulations.

 

9.6 A dealer in blasting materials shall not supply explosives to any person who is unable to produce a permit authorising the purchase, issued by or under the authority of an inspector.

 

9.7 A dealer in blasting materials shall keep on his premises a book (register) of a size and form prescribed, in writing, by an inspector in which he shall record details of all transactions in explosives. Such book shall be kept available for inspection at any time and shall not be destroyed until after the lapse of two years from the date of the last entry in the book. No ensures shall be made in the book and any alteration shall be initialed by the person making it.

 

9.8
9.8.1 A dealer licensed to trade in blasting materials shall not sell any explosives which are in any way damaged or defective.
9.8.2 When any explosives in his possession are found to be damp, to exude liquid or, for any reason whatsoever, are suspected of being defective, the explosives shall not be sold but the licensee shall forthwith report the circumstances by the quickest means possible to an inspector and the explosives shall be disposed of as directed by the inspector.

 

9.9 Blasting materials before being supplied or handed to any person shall be packed in accordance with the provisions of Chapter 3 of these regulations.

 

9.10 No blasting materials shall be sold, supplied or handed to any person under the apparent age of 18 years or to any other person except in accordance with the conditions of these regulations.

 

Fireworks

 

9.11
9.11.1 All fireworks manufactured in the Republic or imported into, or which are offered for sale within the Republic shall be marked, labelled and packed in accordance with the provisions of Chapter 3 of these regulations and any person found in possession of fireworks not so marked and labelled shall be deemed to be in possession of "unauthorised explosives" and guilty of an offence.
9.11.2 Fireworks shall be packed by the manufacturer or importer in suitable cartons which shall be sealed ready for sale to the public, before despatch to a dealer.

 

9.12
9.12.1 Premises in which fireworks are handled preferably should have at least two exits. Where any premises have only one exit the fireworks shall be kept at the rear (relative to the exit) of the premises.
9.12.2 The doors to the exits shall be kept unlocked and unbolted during trading hours and a clear passage shall exist between the counters holding the fireworks and the exits and no obstacles shall be placed in these passages.
9.12.3 Fireworks shall not be displayed in any window or any other place where such fireworks can be interfered with by the public.

 

9.13
9.13.1 Every retail dealer shall have affixed--
a) to the outside of his premises in a prominent position adjacent to every entrance, notices reading "Dealer in Fireworks" or "Handelaar in Vuurwerke"; and
b) in prominent positions inside the premises, "No Smoking" signs in both official languages.
9.13.2 These notices shall have red letters not less than 100 millimetres high on a white background.

 

9.14
9.14.1 Every dealer and every person employed in or about the premises shall take all due precautions for the prevention of accidents by fire and for preventing unauthorised persons having access to the fireworks and shall abstain from any act whatsoever which tends to cause fire. Goods of a dangerous nature such as inflammable liquids, acids, alkalies and the like shall not be kept on the same premises together with fireworks and safety matches, and Bengal matches shall be kept at least 5 metres away from the fireworks.
9.14.2 No person shall smoke in, or take a naked light or fire into, premises where fireworks are kept, stored or being handled, nor shall any person be allowed to do so.
9.14.3 Every person on such premises shall abstain from any act whatsoever which tends to cause fire.
9.14.4 Any person on such premises who fails to comply with a request made by the licensee or his employees in the interests of safety, shall be guilty of an offence.

 

9.15
9.15.1 A dealer in fireworks when purchasing or obtaining fireworks shall demand from the seller or supplier a properly executed, signed and dated invoice which he shall retain for a period of at least two years for production on demand of an inspector.
9.15.2 A manufacturer or wholesale dealer shall furnish a properly executed, signed and dated invoice with each sale or supply of fireworks.

 

9.16 A wholesale dealer in fireworks shall at no time have on his premises more than 1 000 kilograms gross mass of fireworks, contained in the original inner packings as received from the manufacturer or other supply magazine.

 

9.17
9.17.1 A manufacturer or wholesale dealer shall supply fireworks only to a dealer who is in possession of a valid licence issued in terms of these regulations, and the number of such licence shall be quoted on the invoice.
9.17.2 The manufacturer or wholesale dealer shall keep a register in which full particulars of each transaction and the aforementioned licence number shall be recorded. This register shall be kept up to date and be available for inspection at any time and shall not be destroyed until after the lapse of two years from the date of the last entry in it.

 

9.18 A retail dealer in fireworks--
a) may keep on his premises not exceeding 500 kilograms gross mass of fireworks, provided the fireworks, contained in theft inner or outer packings, are kept on shelves or other fittings separated from goods of an inflammable or combustible nature;
b) shall not interfere with the inner packing of the fireworks, or allow or permit it to be interfered with;
c) shall supply fireworks to the public only in the sealed inner packing as received from the manufacturer or wholesale dealer, provided that the packages are still in good condition;
d) shall not sell or allow or permit to be sold any firework to a child under the apparent age of 16 years;
e) shall furnish each employee engaged in selling fireworks with a copy of the regulations of part "Fireworks" of this Chapter and of the conditions attaching to his licence to deal.

 

9.19 No person shall allow or permit any children under the age of 16 years to handle or use fireworks except under the supervision of an adult person.

 

Nitrocellulose Propellants

 

9.20
9.20.1 A person licensed to deal in arms and ammunition in terms of the Arms and Ammunition Act, 1969 (Act 75 of 1969), may also deal in nitrocellulose propellants. For this purpose such valid dealer’s licence shall be deemed to be a licence issued in terms of section 7(1) of the Explosives Act.
9.20.2 There shall be a strong-room suitable for the safe storage of nitrocellulose propellants on the premises of the aforementioned licensed dealer.
9.20.3 The licensed dealer may keep in the strong-room on his premises, for purposes of sale, a quantity of nitrocellulose propellants, not exceeding 50 kilograms in total mass, in scaled metal containers with a maximum capacity of 500 grams each.
9.20.4 Any licensed dealer in arms and ammunition who also deals in nitrocellulose propellants, shall keep on his premises a separate register in which particulars are entered of the date, quantity and type of all nitrocellulose propellants received by him, together with the name and address of the supplier. The register shall also reflect the full name and residential address of every person to whom a nitrocellulose propellant is supplied, together with the date of the transaction, particulars of the quantity and type of propellant supplied, and the number, place of issue and date of issue of the firearm licence. All entries in the register shall be made immediately after any nitrocellulose propellants have been either received or supplied and the register shall at all times be open to inspection by an inspector or any policeman.

 

Penalty

 

9.21 Any person who by any act or omission commits a breach of any of the regulations of this Chapter, shall be guilty of an offence and liable, on conviction, to a fine not exceeding six hundred rand (R600) or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, and the explosive, if any, in respect of which the contravention or non-compliance has taken place, may be confiscated, in which case the cost of disposal thereof shall be borne by the accused.

 


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