Delaware Code Title 16 Sec. 7107 – Administration
(a) Application. — Applications for license hereunder shall be made to the issuing authorities having jurisdiction over the locality for which license is requested on forms and as prescribed in regulations issued by such authorities.
Terms Used In Delaware Code Title 16 Sec. 7107
- Explosive materials: means explosives, blasting agents and detonators as follows:
- Explosives: means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. See Delaware Code Title 16 Sec. 7102
- Fugitive from justice: shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. See Delaware Code Title 16 Sec. 7102
- Issuing authorities: shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate. See Delaware Code Title 16 Sec. 7102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, corporation, company, association, firm, partnership, society or joint stock company. See Delaware Code Title 16 Sec. 7102
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) License fees. — License fees shall be paid at the time of application in the amount of $10.
(c) Qualifications. — No issuing authorities shall issue any license to any person unless:
(1) The applicant is at least 21 years of age, or if a business entity, properly qualified to do business in the State.
(2) The applicant has not been convicted of a wilful violation of any provisions of this chapter.
(3) The applicant has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive in connection with the application.
(4) The applicant has certified in writing familiarity and understanding of all published federal, state and local laws relating to explosives at the location of the applicant’s activities.
(5) The applicant has not been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
(6) The applicant is not a fugitive from justice.
(7) The applicant is not an unlawful user of or addicted to marijuana (as defined in § 4761 of the Internal Revenue Code of 1954 [repealed]) or any depressant or stimulant drug (as defined in § 201(2) of the federal Food, Drug and Cosmetic Act [obsolete]), or narcotic drug (as defined in § 4731(a) of the Internal Revenue Code of 1954 [repealed]).
(d) Posting and possession of licenses. — Licenses issued under this chapter, except as otherwise provided with respect to blaster’s licenses, shall be kept posted on premises or on the person of the licensee and be available for inspection.
(e) Licensed locations and activities. — Each license issued under this chapter shall specify the licensee, the licensed activity, its effective date and its expiration date.
(f) Regulations and forms. — The administration of this chapter shall be vested in the issuing authorities who are authorized to:
(1) Prescribe such rules and regulations as are deemed reasonably necessary to carry out this chapter. The issuing authorities shall give reasonable public notice and afford to interested parties opportunity for hearing prior to prescribing such regulations.
(2) Prescribe forms required for the administration of this chapter.
(g) Right of inspection and disclosure. — The issuing authorities or their designees may enter during business hours the premises (including places of storage) of any licensee for the purpose of inspecting or examining (1) any records or documents kept by such licensee, and (2) any explosive materials kept or stored by such licensee. Upon the request of any federal agency, the issuing authorities shall make available any information which it may obtain by reason of this section with respect to the identification of persons within the State who have purchased or received explosive materials, together with a description of such explosive materials.
(h) Denial or revocation of license. — A license under this chapter may be denied or revoked for failure to comply with or satisfy the requirements of any provision of this chapter and for any of the following reasons:
(1) Noncompliance with any order of the applicable issuing authorities.
(2) Proof that the applicant or licensee has been convicted of a crime punishable by imprisonment for more than 1 year.
(3) Proof that the applicant or licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow or violent action against any federal, state or local government, or any individuals therein.
(4) Proof that the applicant or licensee suffers from a mental or physical defect which makes applicant or licensee unfit for the work required.
(5) Violation by the applicant or licensee of any provision of any law or regulation relating to explosive materials or proof that false information was given or misrepresentation made to obtain the license.
(6) Failure by the applicant or licensee to advise the issuing authorities of any change in a material fact supplied in the application.
In any case where the issuing authorities deny or revoke a license, they promptly will notify the applicant or licensee of the basis for the revocation or denial and afford the applicant or licensee an opportunity for a hearing in the manner prescribed by the regulations of the issuing authorities.
(i) Renewal. — Licenses issued under this chapter shall be effective for not more than 2 years and may be renewed as the issuing authorities may prescribe by regulations.
(j) Emergency variations. — Issuing authorities may approve variations from the requirements of this chapter when they find that an emergency exists and that the proposed variations from the specific requirements:
(1) Are necessary; and
(2) Will not hinder the effective administration of this chapter.
16 Del. C. 1953, § ?7107; 58 Del. Laws, c. 498, § ?1; 70 Del. Laws, c. 186, § ?1;