101A.1 Definitions.
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/ia/chapter-101a-explosive-materials/101a-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
1. “Blasting agent” means any material or mixture consisting of a fuel and oxidizer, intended for blasting but not otherwise classified as an explosive, in which none of the finished products as mixed and packaged for use or shipment can be detonated by means of a number eight test blasting cap when unconfined. “Blasting agent” includes any material or mixture intended for blasting that meets the requirements of 49 C.F.R. pt. 173, subpt. C.
2. “Commercial license” or “license” means a license issued by the director pursuant to this chapter.
3. “Destructive device” means any of the following:
a. Any explosive, incendiary, chemical or biological poison, or poison gas which is any of the following:
(1)A bomb.
(2)A grenade.
(3)A rocket having a propellant charge of more than four ounces.
(4)A missile having an explosive or incendiary charge of more than one-quarter ounce.
(5)A mine.
(6)A booby trap.
(7)A Molotov cocktail.
(8)A bottle bomb.
(9)A vessel or container intentionally caused to rupture or mechanically explode by expanding pressure from any gas, acid, dry ice, or other chemical mixture.
(10)Any similar device, the primary or common purpose of which is to explode and to be used as a weapon against any person or property.
b. Any combination of parts designed or intended to be converted into a destructive device as defined in paragraph “a”.
c. The term “destructive device” does not include any of the following:
(1)A device that is neither designed nor redesigned for use as a weapon to be used against person or property.
(2)A device, originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or similar device.
(3)A surplus ordnance sold, loaned, or given by the secretary of the army pursuant to 10 U.S.C. §4684(2), 4685, or 4686.
(4)Any device the director determines is not likely to be used as a weapon or that is an antique.
(5)Any device possessed under circumstances negating an intent that the device be used as a weapon against any person or property.
4. “Detonator” means any device containing an initiating or primary explosive that is used for initiating detonation. Excluding ignition or delay charges, a detonator shall not contain more than ten grams of explosive material per unit. “Detonator” includes an electric detonator of instantaneous or delay type, a detonator for use with safety fuses, a detonating cord delay connector, and a nonelectric detonator or instantaneous or delay type which consists of a detonating cord, shock tube, or any other replacement for electric leg wires.
5. “Director” means the director of the department of inspections, appeals, and licensing or the director’s designee.
6. “Explosive” means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the United States department of transportation. The term “explosive” includes all materials which are classified as a class 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the United States department of transportation, under 49 C.F.R. §173.50, and all materials classified as explosive materials under 18 U.S.C. §841, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonative fuse, instantaneous fuse, igniter cord, igniters, smokeless propellant, cartridges for propellant-actuated power devices,
§101A.1, EXPLOSIVE MATERIALS 2
cartridges for industrial guns, and overpressure devices, but does not include “consumer fireworks”, “display fireworks”, or “novelties” as those terms are defined in section 727.2 or ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols. Commercial explosives are those explosives which are intended to be used in commercial or industrial operations.
7. “Explosive materials” means explosives, blasting agents, and detonators.
8. “Import” and “importation” means transfer into the state of Iowa.
9. “Licensee” means a person holding a commercial license issued by the director pursuant to this chapter.
10. “Magazine” means any building or structure, other than an explosives manufacturing building, approved by the director or the director’s designated agent for the storage of explosive materials.
11. “Overpressure device” means any device constructed of a container or improvised container which is filled with a mixture of chemicals or sublimating materials or gases that generate an expanding gas, which is designed or constructed to cause the container to break, fracture, or rupture in a violent manner capable of causing death, serious injury, or property damage.
12. “Permittee” means a person holding a user’s permit issued pursuant to this chapter.
13. “Person” means any individual, corporation, partnership, or association.
14. “User’s permit” or “permit” means a permit issued by a county sheriff or chief of police of a city of ten thousand or more population, pursuant to this chapter.
[C73, 75, 77, 79, 81, §101A.1]
2008 Acts, ch 1147, §1, 2; 2017 Acts, ch 115, §5, 12; 2023 Acts, ch 12, §1, 2, 8; 2023 Acts, ch 19, §1540, 1541; 2023 Acts, ch 119, §16
Referred to in §712.10, 724.1