Explosives (Jersey) Law 1970, as amended: Code of Requirements: Amendment

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A decision made 6 June 2012:

Decision Reference: MD-HA-2012-0050
Decision Summary Title :	Amendment to Code of Requirements		Date of Decision Summary:	29 May 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Code of Requirements relating to the Explosives (Jersey) Law 1970, as amended		Date of Written Report:	29 May 2012
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendments to the Code of Requirements relating to the Explosives (Jersey) Law 1970.
Decision(s): The Minister endorsed the use of net explosive weight for the purpose of fireworks throughout the Code of Requirements; agreed that where an explosive magazine is only storing fireworks, and for a relatively short time period, there is no requirement for the magazine to have a lightning conductor; and approved a revised version of the Code of Requirements reflecting these changes.
Reason(s) for Decision: Whilst it is appropriate to reflect the weight of high explosives as a gross weight, the net explosive content of fireworks is only a fraction of the total weight of each firework, so it is appropriate to use net explosive content weight for fireworks. This brings Jersey into line with the way in which the weight of explosives is expressed in the UK. The exemption in relation to the requirement for a lightning conductor on a store, only holding fireworks for a short period of time, also reflects UK guidance and practice.
Resource Implications: Nil.
Action required: The Executive Officer, Home Affairs, to provide a copy of the revised Code of Requirements to interested parties and to arrange for it to be uploaded onto the gov.je website.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Explosives (Jersey) Law 1970, as amended: Code of Requirements: Amendment

REPORT FOR THE MINISTER FOR HOME AFFAIRS

CODE OF REQUIREMENTS RELATING TO THE EXPLOSIVES (JERSEY) LAW 1970, AS AMENDED

The Code of Requirements relating to the Explosives (Jersey) Law, 1970, as amended, (‘the Law’) was made pursuant to Article 17 of the Law and was approved by the Defence Committee by Act No.5 of 13 June 1972. This Act and the Code remain extant.

The Code of Requirements was written in amplification of the Law as a guide to be adhered to by the Explosives Licensing Officer, other officials appointed by the Home Affairs Department and also by those people and concerns, authorised under licence to be concerned with explosive materials. The recommendations contained within the Code are intended for guidance under normal conditions.

The Code sets out various conditions in relation to the importation, storage and use of explosives and fireworks.

Throughout the Code, reference to a weight of explosives is taken to be the gross weight of the explosives i.e. the explosive itself and any casing / packaging. This is entirely appropriate in the case of high explosives.

In the UK, the Health and Safety Executive have published an approved Code of Practice and guidance, pursuant to the Manufacture and Storage of Explosives Regulations 2005. In that Code of Practice, it is standard practice, particularly in relation to the storage of fireworks to refer to the net weight, as the net explosive content of many fireworks accounts for only a fraction of the total weight. Paragraph 462 of the Code of Practice reads:

`462 It is important to note that the amounts specified in Regulation 11 (registration in relation to storage) are the net mass (weight) of the explosives, ie: the amount of explosive contained in the article not including any packaging or casings. In the case of fireworks, small arms ammunition and similar pyrotechnic articles, the mass of the explosive will be only a fraction of the total mass of the item. If the manufacturer has provided specific information on the weight of the explosive content then this should be used as the amount. If they have not, or if the net amount is unclear, then the registered person/licensee should assume that the explosive content is one quarter of the total weight of the item.’

It is recommended that the Minister endorses the use of net explosive content weight for the purpose of fireworks throughout the Code of Requirements, thereby adopting the UK standard, and approves an amendment to the Code of Requirements accordingly.

Appendix G of the Code of Requirements, sets out the general guidance on procedure for operating an explosives magazine, and stipulates at G4 that “The magazine must have erected adjacent to it an efficient lightning conductor, unless it is licensed under Types A, B or C of the licensed magazine classification”. The types of magazine are set out in Part 2 of the Code of Requirements as follows:

Type A maximum 4.5kg mixed explosives including detonators

Type B maximum 25kg mixed explosives including detonators

Type C maximum 75kg mixed explosives including detonators

Type D maximum 125kg mixed explosives including detonators

Type E maximum 450kg mixed explosives including detonators

Type F: maximum 900kg mixed explosives including detonators

Accordingly, lightning conductors are required for magazines containing in excess of 75kg of explosives. This is also the case in the UK and is dealt with in paragraphs 100 to 105 of their Approved Code of Practice and Guidance; however, certain types of explosives are exempted from this requirement and paragraph 100(a) reads:

100 Suitable lightning protection must be installed in explosives stores except where the store:

(a) Is temporary (for example for no more than a few weeks on a seasonal basis), holding Hazard Type 4 pyrotechnic articles.

(Hazard Type 4 pyrotechnic articles include consumer fireworks).

Where a magazine is only storing fireworks, and for a relatively short time period, it is recommended that the Minister removes the requirement for such a magazine to have a lightning conductor and approves an amendment to the Code of Requirements.

Executive Officer, Home Affairs 29 May 2012