The Explosives (Blasting Explosives) Rules

Legal Notice 321 of 1962

This is the latest version of this Legal Notice.
The Explosives (Blasting Explosives) Rules
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LAWS OF KENYA

EXPLOSIVES ACT

THE EXPLOSIVES (BLASTING EXPLOSIVES) RULES

LEGAL NOTICE 321 OF 1962

  • Published in Kenya Gazette Vol. LXIV—No. 28 on 3 July 1962
  • Commenced on 3 July 1962
  1. [Amended by Explosives (Blasting Explosives) (Amendment) Rules, 1969 (Legal Notice 271 of 1969) on 5 December 1969]
  2. [Amended by Explosives (Blasting Explosives) (Amendment) Rules, 2010 (Legal Notice 94 of 2010) on 18 June 2010]
  3. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – CITATION AND INTERPRETATION

1.These Rules may be cited as the Explosives (Blasting Explosives) Rules.
2.In these Rules, unless the context otherwise requires—"blaster" means a person conducting blasting operations;"blasting cartridge" means an authorized explosive of either Class I, II, III or IV made up in cartridge form other than ammunition as defined in the Firearms Act (Cap. 114);"blasting explosives" means a chemical compound or mechanical mixture of two or more constituents used or manufactured with a view to producing a practical effect by explosion;"capped fuse" means a length of safety fuse to the end of which a detonator has been attached or crimped;"chief inspector" means the chief inspector of explosives, appointed under section 3 of the Act;"chlorate mixture" means any explosive containing a chlorate;"class", in relation to explosives, means the relevant class into which explosives are divided in rule 3;"detonator" means a solid drawn aluminium or copper tube containing a mixture of explosive of Class V used to initiate the explosion of high explosives in blasting operations and includes capped fuse;"detonating fuse" means fuse consisting of high explosive enclosed in a waterproof covering of textile impregnated or coated with plastic composition;"division" in relation to explosives means a division into which classes of explosives are divided under the Explosives Act, 1875 of the United Kingdom (No. 38 & 39 Vict c. 17);"fulminate" means any chemical compound or mechanical mixture which, from its great susceptibility to detonation, is suitable for employment in percussion caps or other appliances for developing detonation or which from its extreme sensibility to explosion, and from its great instability (that is to say, its tendency to undergo decomposition from very slight exciting causes) is especially dangerous;"gunpowder" means exclusively gunpowder ordinarily so called consisting of an intimate mixture of saltpetre (potassium nitrate), sulphur and charcoal, such saltpetre not containing as an impurity perchlorate of potash in greater quantity than one per cent;"misfire" includes partial misfire;"nitrate mixture" means any preparation other than gunpowder, formed by the mechanical mixture of a nitrate with any form of carbon or with any carbonaceous substance not possessed of explosive properties, whether sulphur be added to such preparation or not and whether such preparation be mechanically mixed with any other non-explosive substance or not;"nitro-compound" means any chemical compound possessed of explosive properties or capable of combining with metals to form an explosive compound, which is produced by the chemical action of nitric acid (whether mixed or not with sulphuric acid) or of a nitrate mixed with sulphuric acid upon any carbonaceous substance, whether such compound is mechanically mixed with other substances or not;"percussion cap" means a capsule or case of metal containing less than 40 milligrams of fulminate, and of which not more than 25 per cent consists of fulminate of mercury or less than 32 milligrams of any other fulminate. When "percussion caps" contain anvils or when the cap composition is unprotected by tin foil or other suitable substance they shall be deemed to be detonators;"safety fuse" means a fuse for blasting which burns and does not detonate and which does not contain its own means of ignition and which is of such strength and construction and contains an explosive in such quantity that the burning of such fuse will not communicate laterally with other like fuses;"shot" means an explosion of explosives;"special rules" means rules made under section 27 of the Act;"stout case" or "substantial case" means a case of such strength, construction and character that it will not ordinarily break or accidentally open, or become defective or insecure whilst being conveyed or stored and will not allow the explosives to be damaged or escape.[L.N. 271/1969, 1st Sch.]

Part II – CLASSIFICATION OF EXPLOSIVES

3.(1) Explosives shall, for the purposes of these Rules, be divided into seven classes as follows:—
Class I .............................................Gunpowder.
Class II .............................................Nitrate mixture.
Class III.............................................Nitro-compounds.
Class IV.............................................Chlorate mixture.
Class V .............................................Fulminates.
Class VI .............................................Explosive of the ammunition group other than those covered by the Firearms Act (Cap. 114).
Class VII .............................................Fireworks.
(2)When an explosive falls in more than one class it shall be deemed to belong exclusively to the last of the foregoing classes in which it falls.

Part III – LICENSING OF FACTORIES AND CONDITIONS FOR THE MANUFACTURE OF EXPLOSIVES

4.(1) No part of any explosive factory shall be used for any purpose not authorized in writing by the chief inspector by inclusion in the terms of the licence or as otherwise provided by these Rules.
(2)The conditions of the licence shall be duly observed and the manufacture, or keeping, or any process in, or work connected with, the manufacture or keeping of explosives shall not be carried on except in accordance with those conditions; the chief inspector may define, vary, add to or withdraw any such conditions in writing, in which case the document defining, varying, adding to or withdrawing any condition shall be kept by the licence and shown with the licence.
(3)Every explosives factory and part thereof shall be maintained in accordance with the conditions of the licence and no material alterations in the factory, by enlarging or adding to the site, or by externally adding to or enlarging any building, or by altering any mound, otherwise than by enlargement, or by any new work, shall be made except as authorized in writing by the chief inspector.
(4)In the event of any contravention of or failure to comply with this rule, the occupier shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months, and in the case of the second or subsequent offence to a fine not exceeding two thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months.
(5)The occupier of a factory shall not be deemed to be guilty of a breach of this rule for using in a case of emergency, or temporarily, one building or part of a building in which any process of manufacture is, under the terms of the licence, carried on, for another process of manufacture, if he does not carry on in such building or part more than one process at the same time, and if the quantity of explosives or ingredients thereof in such building or part do not exceed the quantity allowed to be therein, or any less quantity allowed to be in the building or part of a building in which such other process is usually carried on, and if, immediately upon such use being commenced, he sends notice of such use to an inspector and the inspector does not direct discontinuance of such use.
5.(1) In respect of every explosives factory, the following restrictions shall be observed—
(a)nothing shall be stored or taken into the factory or part thereof in which explosives are manufactured or stored, save the receptacles, tools and implements relating to such manufacture or storage;
(b)the interior of every danger building in the factory and the benches, shelves and fittings therein, shall, so far as is reasonably practicable, be kept clean and free from grit;
(c)lightning conductors or other provisions against lightning shall be thoroughly examined at intervals not exceeding six months by a competent person and a certificate that the result of the test is satisfactory shall be forwarded to an inspector within one month of the test;
(d)no charcoal, whether ground or otherwise, oiled cotton, oiled rags or oiled waste, or other article whatsoever whether liable to spontaneous ignition or not, shall be taken into any danger building, except for the purpose of immediate supply and work, or for immediate use in such building, and upon the cessation of such work or use every such article shall be forthwith removed;
(e)before repairs are done to or in any room in a danger building, the building shall, so far as is practicable, be cleaned by the removal of all explosives and wholly or partly mixed ingredients thereof and by the thorough washing out of such room or part thereof; and such room or part of the building after being so cleaned shall not be deemed to be a danger building within the meaning of these Rules until explosives or the wholly or partly mixed ingredients thereof are again taken into it;
(f)there shall be constantly fixed at every danger building, either outside or inside, in such manner as to be easily read, a statement of the quantities of explosives or ingredients allowed to be in the building and a copy of these Rules, and of any part of the Act required by an inspector to be so affixed, and of such parts of the licence and special rules as apply to the building, with the addition of the name of the building or words indicating the purpose for which it is used; such copy of these Rules, part of the Act and special rules shall be printed in English as well as in the language spoken by the person in charge when such person does not speak English; and a copy of the quantity statement shall be kept elsewhere in a safe place;
(g)all tools and implements used in a danger building shall be made only of wood, copper or brass or some soft metal or material, but this paragraph shall not prohibit the use of steel screwdrivers for the opening or closing of cases with lids fastened by means of screws; a list of these tools and instruments shall be posted in the building and no other tools or implements shall be taken into the building;
(h)due provision shall be made by the use of suitable working clothes without pockets, suitable shoes, by searching or otherwise, for preventing the introduction into any danger building of fire, matches or any substance or article likely to cause explosion or fire, and for preventing the introduction of any iron, steel or grit into any part of a danger building where it would be likely to come in contact with explosives or the wholly or partly mixed ingredients thereof; but this paragraph shall not prevent the introduction in danger buildings other than magazines of an artificial light of such construction, position or character as not to cause any danger of fire or explosion; nor shall it render obligatory the wearing of magazine shoes in magazines which have earthen floors;
(i)no person shall smoke in or in the vicinity of any explosives factory, or in any other place in which smoking may be prohibited by special rules;
(j)any vehicle, truck, or other receptacle in which explosives or the partly mixed ingredients thereof are conveyed from one building to another in a factory shall be constructed without any exposed iron or steel in the interior thereof, and shall contain only the explosives and the ingredients, and shall be closed or otherwise adequately covered; explosives and such ingredients shall be so conveyed with all due diligence and with such precautions and in such manner as will sufficiently guard against any accidental ignition;
(k)no person under the age of sixteen years shall be employed in or enter any danger building, except in the presence and under the supervision of a person of or over the age of twenty-one years;
(l)no person shall be employed in any danger building unless there is a competent supervisor in charge, except that one competent supervisor may be placed in charge of a specified small number of cartridging huts each of which he shall visit frequently;
(m)in danger buildings, where in the opinion of an inspector the operations performed are of such nature as to require that they shall be performed only by suitably qualified persons, he shall prohibit the presence of persons other than such qualified persons;
(n)in a factory the ingredients in the course of manufacture into explosives shall be removed with all due diligence from each working building as soon as the process connected with those ingredients, which is carried on in such building, is completed, and all finished explosives shall with all due diligence either be removed to an explosives factory or magazine or sent away immediately from the factory, and such ingredients and explosives shall be loaded and unloaded with all due diligence;
(o)all ingredients to be made or mixed into explosives shall whenever possible, before being so made or mixed, be carefully sifted for the purpose of removing therefrom, so far as practicable, all dangerous foreign matter;
(p)with a view to minimising the risk from grass fires, so much of the ground around a danger building as may be required by an inspector to be kept clear of grass shall be so kept;
(q)notwithstanding anything to the contrary in these Rules, the introduction of iron or steel in tools, furniture, machines and vehicles, may, if specifically authorized by an inspector, be permitted in an explosives factory where the particular explosive manufactured requires their use or where there is no danger likely to arise from such use;
(r)the occupier of every factory shall render to the chief inspector whenever and in such form as he may require, returns of all explosives manufactured in, or despatched from the factory and of all explosives imported or exported by him;
(s)the occupier of a factory which is no longer used for the purposes for which it was licensed shall notify the chief inspector of the circumstances and shall render a return of all explosives and ingredients thereof under his control; and such explosives and ingredients shall be disposed of in a manner to be approved by an inspector.
(2)Any person who contravenes this rule shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months.

Part IV – PACKING OF EXPLOSIVES

6.(1) Gunpowder, if not exceeding 2.5 kilograms in weight, shall be contained in a single substantial case, bag, canister or other receptacle.
(2)If exceeding 2.5 kilograms in weight, gunpowder shall be contained in a double package, and in such double package the inner package shall be a substantial case, bag or canister, or other receptacle, and the outer package shall be a stout box, barrel or case of wood, metal or other material.
(3)Gunpowder for blasting shall be packed in bags of leather, India-rubber, calico or other material approved by an inspector, and the bags shall be contained in a stout case, box or barrel.
(4)The amount of explosives in any one inner package, or if there is a double package in any one outer package, shall not exceed 50 kilograms in weight.
(5)On the outermost package there shall be affixed the word "EXPLOSIVE" and the name of the explosives in conspicuous characters.
(6)Explosives, other than of Class I, in powder, granular or pelleted form shall be packed in such manner as the chief inspector may approve.[L.N. 271/1969, 1st Sch.]
7.(1) Every blasting cartridge whether of blasting gelatine, gelignite, dynamite, gunpowder or other explosive authorized to be manufactured or imported shall be wrapped in a cover of paper or other approved material, bearing the name of the explosive and the recognized trade mark of the manufacturer of the cartridges, and such paper cover shall, except with the consent of and under conditions to be approved by an inspector of explosives, be thoroughly waterproof.
(2)
(a)Blasting cartridges, having a diameter of 32 millimetres or less, shall be made up into separate parcels, not exceeding 5 kilograms in weight, and the wrappers of such parcels shall bear the name or recognized trade mark of the manufacturer of the explosives.
(b)The parcels shall be securely packed in a stout case of a type approved by the chief inspector, and the net weight of the explosives in any one such case shall not exceed 20 kilograms.
(c)Every case shall be clearly marked on the outside so as to show the name of the explosive material, and its class and division, strength, cartridge size and the date of manufacture, which date shall be in arabic numerals corresponding with the day, month and year of manufacture, and shall not be expressed in code or cypher, thus—
EXPLOSIVES—CLASS III, Division 1Gelignite 602.5 cm. X 20 cm. 2.4.61
[L.N. 271/1969, 1st Sch.]
8.(1) Collodion cotton shall contain at least 25 per cent of moisture and be packed in a stout wooden case having a waterproof inner lining.
(2)The gross weight of the case shall not exceed 95 kilograms.[L.N. 271/1969, 1st Sch.]
9.(1) Detonators shall be packed by the hundred in tin boxes (labelled with a description of their contents), and shall be isolated from the sides of the boxes by means of paper and from the top and bottom sides by means of approved soft material, all interstices being filled with dry sawdust.
(2)The tin boxes shall be firmly packed in a metal or wooden case, which shall again be enclosed in a substantial outer case, and the intervening space between the cases shall be filled up with sawdust, or else the inner case shall be firmly fixed in position by means of laths.
(3)There shall not be more than 12,500 detonators in any one case and the number and nature of the detonator contained in the case and its class and division shall be shown on the outside of the case, thus—
EXPLOSIVES — CLASS VI, Division 212,500 Detonators No. 6
10.(1) Electric detonators (including electric detonator fuses or electric fuses) shall be packed in bundles not exceeding 100 in paper or other bags or cartoons reasonably waterproofed, on which there shall be a label giving the number and contents.
(2)The bags shall be firmly packed in a stout waterproofed outer case.
(3)There shall not be more than 3,000 electric detonators in any one case, and the case shall be so marked as to show the number and the nature of the electric detonators, whether high or low tension, and the length of the wires and the class and division, thus—
EXPLOSIVES—CLASS VI, Division 2500 Electric DetonatorsLow Tension120 cm. Wires
[L.N. 271/1969, First Sch.]
11.Safety fuse shall be in coils (not less than 7.2 metres long), and these shall be placed in a substantial case or barrel, marked externally with the words—Safety fuse, CLASS VI—Division 1and also with the number of coils contained in the case or barrel, and every case or package of fuse shall be marked with the limits of the burning rate of the fuse in seconds per metre, thus—95 Seconds to 120 Seconds per metre[L.N. 271/1969, 1st Sch.]
12.(1) Detonating fuse and all fuses and cords which burn at a rate faster than 95 seconds per metre shall be packed in a stout waterproofed case approved by the chief inspector.
(2)The packing of such fuses or cords shall have their description and classification marked on the outer case and every inner wrapping or reel.[L.N. 271/1969, 1st Sch.]
13.Fuse igniters shall be made up in packets containing not more than 20 sticks, and not more than 1,000 fuse igniters shall be packed in any one stout waterproofed case.
14.(1) In addition to any other marking prescribed for packages in these Rules, every outer package shall bear the name or registered trademark of the manufacturer of the explosive, the name and address of the owner and sender and the name of the country in which the explosive was manufactured, and no marking used by a manufacturer or importer in addition to that prescribed by these Rules shall be inconsistent with these Rules.
(2)Nothing in this or any of the foregoing rules shall prevent a manufacturer for the purpose of export only from making use of the name and trademark of an affiliated company overseas, which name and trademark he is otherwise lawfully entitled to use:Provided that, if such trademark includes the name of a place overseas, the actual place of manufacture shall also be clearly and distinctly stated.
15.(1) Every package which is being used for the packing of one class of explosive shall not, except with the consent of an inspector of explosives, be simultaneously used for the packing of any other explosive.
(2)The interior of every package, whether single or double, shall be kept clean and free from grit.
(3)There shall not be any iron in the construction of any package (inner or outer) of explosives (other than safety fuse), unless the same is effectually covered by zinc, tin or other material.
(4)Every case of explosive liable to become wetted, whether by seawater or otherwise, shall by means of a suitable waterproof lining have its contents protected from damage.
16.Any explosive, whether experimental or otherwise, not specifically dealt with in these Rules shall be packed in such manner as may he in writing prescribed by an inspector, and notwithstanding anything in this Part to the contrary explosives of the nature and in quantities exceeding those specified below may, for the purpose of transport within Kenya, be similarly dealt with—Gunpowder, 5 kg.Explosives of Classes II, III or IV, 5 kg.Detonators, ten tin boxes of 100 each.Electric detonators, two bags of not more than 50 each.Safety fuse, 100 coils.[L.N. 271/1969, First Sch.]
17.Any manufacturer or other person who contravenes this Part shall be guilty of an offence and liable to a fine not exceeding four hundred shillings or, in default of payment, to imprisonment for a term not exceeding two months.

Part V – IMPORT AND EXPORT

18.Permits to import or export explosives shall be in Form No. 1 in the First Schedule.
19.(1) Subject to paragraph (2), any person who imports or exports any explosives which are not packed and marked in accordance with these Rules shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months, and in addition to such fine or imprisonment or in lieu thereof any explosives in relation to which the offence was committed may be forfeited.
(2)An inspector may authorize the import or export of explosives which are not packed and marked in accordance with these Rules, provided they conform to the relevant regulations of any Commonwealth country in which they were packed and marked, or to which they are to be exported.
20.When applying for a permit to import explosives, the importer shall furnish the inspector or other person authorized by the Commissioner to issue permits with—
(a)an exact description, including the country of manufacture, of the explosives which it is desired to import, and the name of the country from which it is desired to import such explosives;
(b)the net weight of the explosives in kilograms, the number of detonators, the length of fuses and cords in metres and the number of fuse igniters; and
(c)such other information, including certification of quality or composition, as an inspector or other person authorized by the Commissioner may require.
[L.N. 271/1969, 1st Sch.]
21.Consignments of explosives imported via ports in Kenya may be examined by an inspector, and he may require such samples as are reasonably necessary for the purpose of analysis or test.

Part VI – TRANSPORT OF EXPLOSIVES

22.(1) Any person who transports or causes to be transported any explosives otherwise than under and in accordance with the terms and conditions of a permit issued under this rule shall be guilty of an offence.
(2)An inspector may in his discretion on application made to him issue a permit to transport explosives in any one of the following forms—
(a)a movement permit endorsed upon any permit to purchase or otherwise acquire blasting materials issued under section 9 of the Act;
(b)a special movement permit in Form No. 2 in the First Schedule, authorising the movement of any special consignment or consignments;
(c)a continuous movement permit in Form No. 2 in the First Schedule, authorizing the movement of explosives by users of explosives who procure their supplies in Kenya for any period not exceeding one year,
subject to such terms and conditions as he shall specify.
(3)No inspector shall issue a permit unless he is satisfied that the applicant is the occupier of a magazine duly authorized or licensed under the Act or these Rules, or that he is entitled to use blasting materials under section 11 of the Act, and that he understands the requirements of these Rules and will comply with them.
(4)An inspector may refuse to issue a permit if he is not satisfied that transport will be effected in vehicles or wagons which are suitable and secure and so as to avoid the explosives being subjected to extreme variations of temperature.
(5)Every inspector issuing permits shall keep a register of permits issued.
23.(1) When applying for a permit to transport explosives, the applicant shall, so far as is possible, state the quantity and class of the explosive, the mode of transport, the place and probable date of arrival and the name of the consignee.
(2)An inspector may require any further information he may think necessary, and may decline to consider the application if such additional information is not furnished.
24.When a consignment of explosives exceeds 5 kilograms in weight, a copy of the permit shall accompany the consignment throughout the whole journey; or where there is a waybill the permit number shall be quoted thereon.[L.N. 271/1969, 1st Sch.]
25.(1) No person shall load or unload or cause to be loaded or unloaded a consignment of explosives in the vicinity of a fire or uncovered light, and every person loading or unloading a consignment shall exercise all due care in handling the cases, so as to prevent shaking or jolting.
(2)Any person who contravenes this rule shall be guilty of an offence.
26.(1) No person shall smoke in, on or in the neighbourhood of any vehicle or truck in which explosives are being conveyed, or on, to or from which they are being loaded or unloaded, nor shall any fire be lighted in the vicinity.
(2)Any person who contravenes this rule shall be guilty of an offence.
27.(1) Cases containing different classes of explosives packed in cartridges may be loaded together in the same truck or vehicles, but blasting cartridges shall not be loaded on the same truck or vehicle as detonators, inflammable or combustible materials, acids or uncovered iron or steel, except under and in accordance with the written approval of an inspector, which shall be endorsed upon the transport permit.
(2)During the transportation of explosives—
(a)the vehicles shall not carry passengers;
(b)detonators, when not in the unopened tin box of the manufacturer, or capped fuse, shall be carefully packed in a locked and padded receptacle of a type approved by an inspector;
(c)detonators or capped fuse conveyed with blasting cartridges shall be stored as far apart as possible and in such a position so as to enable them to be removed rapidly in the event of fire;
(d)detonating fuse may be carried in the same container as blasting cartridges but shall be kept apart from detonators or capped fuses as required by paragraph (c) of this section;
(e)blasting cartridges shall be conveyed either in unopened cases of 25 kilograms or if in lesser amounts, stored so as to prevent movement and jarring in a locked wooden box, internally clean and free from iron or steel and marked externally with the word "EXPLOSIVES".
(3)Any person who contravenes this rule shall be guilty of an offence.[L.N. 271/1969, 1st Sch.]
28.(1) Gunpowder shall not be conveyed in the same truck or vehicle as any other explosive (with the exception of safety fuse, fuse igniters and igniter cord), inflammable or combustible material, or naked iron or steel:Provided that cartridges of gunpowder may be conveyed in the same truck or vehicle as blasting cartridges of other classes.
(2)Any person who contravenes this rule shall be guilty of an offence.
29.(1) No person shall transmit explosives of any description or in any quantity whatsoever through the post.
(2)Any person who contravenes this rule shall be guilty of an offence.
30.For the purposes of these Rules, "transport by road" includes transport on vehicles drawn by animals, by mechanically or electrically propelled vehicles or by pack animals.
31.The person in charge of a magazine shall be jointly responsible for due compliance with this Part with the person in charge of any vehicle from or on to which explosives are being unloaded or loaded into or from the magazine.
32.(1) The contractor or owner of vehicles used for the transport of explosives shall ensure that—
(a)the vehicles are in safe and serviceable condition and fitted with efficient brakes;
(b)that a trustworthy person is appointed to supervise the transport of explosives and that such person is thoroughly acquainted with these Rules;
(c)that at least two men accompany a vehicle carrying explosives;
(d)that every mechanically or electrically propelled vehicle used for the transport of explosives complies with the following conditions—
(i)that it is not loaded beyond 75 per cent of its carrying capacity, and that no load exceeds 2,700 kilograms except with the written permission of the chief inspector;
(ii)that a suitable and efficient chemical fire extinguisher is fitted and mounted thereon in such position as to be available for immediate use in the event of fire;
(iii)that the engine is not run during the loading and offloading of explosives;
(iv)that only electric lamps are carried;
(v)that all the iron and steel portions which are liable to come in contact with cases or barrels of explosives are covered with wood, leather, cloth or other suitable material, and that a tarpaulin or other suitable material is provided to cover explosives in transit.
(2)Any person who contravenes this rule shall be guilty of an offence.[L.N. 271/1969, 1st Sch.]
33.(1) During the transportation of explosives, the person appointed under rule 32 (1)(b) of these Rules shall be responsible for the safety and security of the explosives, and shall ensure that the following conditions are observed—
(a)that a red flag at least 45 cm, square is affixed to the front and rear of the vehicle during loading and transit;
(b)that when a convoy of explosives exceeds two vehicles, he does not ride on any of the vehicles conveying explosives; or where the convoy consists of two vehicles only that he rides on the rearmost one;
(c)that vehicles loaded with explosives are not allowed to approach closer than 30 metres to each other;
(d)that cases or barrels of explosives are securely roped or otherwise secured, and fixed and wedged to prevent movement;
(dd)that containers carrying cases or barrels of imported explosives are secured by security seals at the port of entry, and that such seals are broken at the point of exit, where such explosives are transit goods or at the destination, where such explosives are for use within the country;
(e)that no vehicle conveying explosives delays or stops unnecessarily at any place where it might cause public danger, nor passes through any residential or built-up housing area unnecessarily;
(f)that, in the event of a thunderstorm, all vehicles carrying explosives are halted at least 300 metres from inhabited buildings and a safe distance from overhead conductors of electricity and trees;
(g)that, should it be necessary to halt during the night on a journey, this is done at a distance of at least 500 metres from inhabited buildings, and watch is kept over the vehicles;
(h)that all the vehicles carrying explosives are kept as far as possible from traction, railway and other engines that may emit sparks;
(i)that explosives are not unloaded from a vehicle en route except in the event of a breakdown of the vehicle; and if it is absolutely necessary to unload the whole or part of a consignment that all possible care is taken to protect the explosives from fire and damp; that explosives are not placed near inhabited buildings and the person in charge shall warn persons against loitering near the explosives; that the explosives are reloaded, and the journey continued, as soon as possible; and that on the completion of the journey notice is given to the chief inspector of the circumstances which necessitated the unloading of the explosives en route;
(j)that, on arrival at destination, explosives are transferred without delay from the vehicle to the place of storage;
(k)that in no circumstances are explosives left unattended.
(2)Any person who contravenes this rule shall be guilty of an offence.
(3)The Commissioner may, in addition to these Rules, issue guidelines on the local transportation of explosives intended for use within the country.[L.N. 271/1969, 1st Sch., L.N. 94/2010, r. 2.]
34.(1) It shall be lawful for any local authority to prescribe within its jurisdiction the route to be followed by vehicles carrying explosives.
(2)Any person who within the area of jurisdiction of any local authority transports explosives or causes explosives to be transported by a vehicle, by any route other than a route prescribed by that authority, shall be guilty of an offence.
35.(1) An inspector or any police officer may detain a vehicle or convoy carrying explosives to ascertain whether these Rules are being observed.
(2)Whenever a police officer has reason to suspect any irregularity with regard to the transport of explosives by road he shall take the earliest practicable steps to bring the matter to the notice of an inspector.
(3)Any person who obstructs any inspector or police officer in the due exercise of his powers under this rule shall be guilty of an offence.
36.Any person who commits an offence under this Part shall be liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months.

Part VII – EXPLOSIVES MAGAZINES—LICENSING AND CONSTRUCTION OF MAGAZINES

37.(1) Licences to store blasting explosives and renewals thereof shall be in Form No. 3 in the First Schedule and no such licence or renewal thereof shall relate to more than one magazine or premises.
(2)There shall be paid for every licence or renewal or transfer thereof the fee prescribed in the Second Schedule.
(3)Notwithstanding subrule (2), where any application, for the renewal of any licence is received more than thirty days after expiry thereof, there shall be payable for the renewal thereof, in addition to the fee prescribed in, the Second Schedule, a penalty equal to the amount of that fee.
(4)No licence shall be transferred without the written approval of an inspector endorsed thereon.
38.Every application under section 22 of the Act for permission to erect a magazine shall be accompanied by—
(a)a statement showing quantity and nature of explosives to be stored therein, the administrative district and the name of the local authority, if any, within whose jurisdiction the site falls;
(b)three copies of a plan, drawn to scale, showing the site of the proposed magazine in relation to neighbouring roads, railways, buildings and boundaries of properties, together with a statement on the nature and use of such buildings and properties, as well as the contour of the ground on which it is desired to erect the magazines, and the plan shall have drawn therein, with the site as centre, circles with radii proportionate to the distances prescribed for the quantity of explosives in the Table of Safety Distances specified in rule 41;
(c)a plan or plans, in duplicate showing the design and specifications of the proposed magazines and mounds.
39.(1) The building of an explosives magazine, including mounds, shall not be commenced until the plans have been approved, and the construction shall be strictly in conformity with the approved plans.
(2)One copy of the approved plans shall be attached to the magazine licence when issued to the applicant, and one copy shall be retained in the office of the inspector issuing the licence.
40.Every licence shall state the maximum quantity and the nature of the explosives to be stored in the magazine.
41.(1) The following table of distances shall form the basis on which applications for magazine licences shall be considered when the magazine is protected by mounds—

TABLE OF SAFETY DISTANCES

INSERT SAFETY DISTANCES(Metres)OUTSIDE SAFETY DISTANCES(Metres)
III(Mounded)III(Mounded)IV(Mounded)V(Mounded)
Net weight of explosives (kg)Magazines or explosivesstoresProcess buildingprivate roads,footpaths orrailwaysRailways,aerodromes, dockssports ground, public highways, etc., anddwelling-house withconsent of occupierDwelling-housewithout consentof occupier, shops,public buildings,factories, petroleumstores hospitalsand other buildingswhere persons may assemble
501002505001,0001,5002,0002,5003,0004,00010121620252831333538192228365572869610912223243247759611312814716346476497149191228256294325
5,0007,50010,00015,00020,00025,00030,00035,00040,00045,00041475259657075798286135158177205225243258273285297179212235273301325344363379395358422469543600648688725758790
No one magazine building shall contain more than 45,000 kg. of explosives.
(2)For the purpose of the table appearing in, paragraph (1), gunpowder will be considered as equal to half the quantity of other explosives.
(3)When a magazine is erected in the vicinity of a power-line, the magazine shall be separated from the power-line by a horizontal distance of not less than 20 metres.
(4)Where in the opinion of the Commissioner or of an officer deputed by him for the purpose the proposed situation of the magazine is such as to reduce the danger in case of accident, he may direct that the distances in column V of the table in this rule may be reduced to not less than half for the purpose of its application to such magazine.[L.N. 271/1969, 1st & 2nd Sch.]
42.(1) The licensee of a magazine shall not erect or construct, in the vicinity of the magazine, any building or work in such a position as to be in conflict with the conditions under which the magazine was licensed, unless the erection or construction has received the approval, in writing of the chief inspector.
(2)Where, by reason of any such new erection or construction, the situation of the magazine in relation to surrounding premises conflicts with the table of distances in rule 41 or with any approved modification thereof, the licence shall be cancelled or amended.
43.In isolated places or where the contour of the ground renders it unnecessary in the opinion of the Commissioner or officer deputed by him, he may dispense with mounds, wholly or in part.
44.(1) Except with the written approval of the Commissioner, no magazine shall be licensed to contain more than 5,000 kg. of explosives.
(2)Except with the special permission of the Minister, no mine magazine shall be licensed to contain more than 12,000 kg. of explosives.[L.N. 271/1969, 1st Sch.]
45.Except where it is desired to construct a magazine in a tunnel, cutting or disused mine working, or under a mine dump, or in such a locality as may warrant special consideration under rule 41(4) or rule 43, the construction of a magazine shall be in conformity with rule 46, and its distance from neighbouring objects not less than those provided for in rule 41(4).
46.(1) Materials used in the construction of a magazine may differ according to the locality and surroundings, but shall be as approved by an inspector.
(2)There shall be no window in any magazine.
(3)Except with the written permission of an inspector, the height from floor to ceiling shall be at least 2 metres.
(4)Except with the written permission of an inspector, in every magazine—
(a)there shall be at least two separate compartments, namely a storage room and a lobby through which alone access can be had to the storage room;
(b)the doors of storage rooms and of lobbies shall open outwards and shall not be fitted with padlocks; and the hinges and locks on the inner doors shall be of brass;
(c)the outer door shall be secured by means of not less than four substantial sliding metal tongues on the inside thereof, one to be situated approximately at each of the four corners of the door and so contrived that when the door is secured each tongue will protrude into the frame of the door for a distance of not less than 2.5 cm.; and the sliding tongues shall be controlled by a locking device of a pattern approved by an inspector.
(5)Proper provision shall be made for ventilation of magazines, and the temperature in the storage room shall not exceed 35 degrees Centigrade.
(6)Magazines shall be completely lined with wood or, with the written approval of an inspector, with a suitable plaster finish; and if the outer wall is of wood or iron the lining shall be at least three inches from the outer wall and the intervening space shall be filled with non-conducting material or, with the written approval of an inspector, shall remain unfilled.
(7)Except with the written approval of an inspector, there shall be no exposed iron in any magazine.
(8)
(a)Every magazine shall be efficiently protected against lightning.
(b)Where earth resistance is abnormally high and the frequency of thunderstorms in an area is low, the necessity for lightning conductors may be waived by the chief inspector.
(c)Where lightning conductors are required a register shall be maintained by the manager showing measurements obtained by test resistances of all earthing points; and such tests shall be conducted by qualified persons and under conditions approved by the chief inspector, and shall be carried out at intervals not exceeding six months.
(9)Unless exempted under rules 43 and 45, every magazine shall be surrounded by substantial earthen mound, which shall be—
(a)at least 2 metres above the level of the floor of the magazine or to such other height as may be required by an inspector;
(b)at least 1 metre wide at the top.
(10)The door shall be clearly inscribed with the words "EXPLOSIVES MAGAZINE" in paint, together with the official reference number or letter of the magazine.
(11)Proper provision shall be made for drainage.
(12)The magazine and mound and so much of the land surrounding it shall, if so required by the Commissioner, be fenced in.
(13)
(a)Two sets of keys for all magazine doors and gates shall be provided by the licensee, and shall be kept under conditions of security.
(b)One set of magazine keys shall be in the sole possession of the manager and these shall be available at any time for emergency use or for inspection of the magazine; and the licensee shall safely retain the other set and may be called upon to deliver it to an inspector in case of emergency.
[L.N. 271/1969, 1st Sch.]
47.(1) It shall be the duty of every licensee to ensure that his magazine complies with this Part, and where any magazine does not meet with the requirements of this Part, or contravenes this Part, the licensee shall be guilty of an offence.
(2)Any person who contravenes this Part shall be guilty of an offence.
(3)Any person who is guilty of an offence under this Part shall be liable to a fine not exceeding one thousand shillings or, in default of payment, thereof to imprisonment for a term not exceeding three months.

Part VIII – STORAGE OF EXPLOSIVES GENERALLY

48.Every explosives magazine shall be in charge of an explosives manager acquainted with these Rules and any special rules, and such manager shall be responsible for their due observance in relation to the magazine, and for the keeping in English of the records required by rule 51.
49.Every explosives manager of a magazine of which he is not the owner shall be appointed, in writing, by the owner, or by the duly authorized agent of the owner of the magazine, or in the case of a mine or other works by the manager thereof, and failing such appointment the owner, agent or manager, as the case may be, shall himself be responsible for the due compliance with, and for any breach in relation to the magazine, mine or other work of, this Part, or any special rules.
50.(1) No quantity of explosives shall be stored in any magazine in excess of the quantity detailed on the licence thereof, except with the written sanction of the chief inspector to cover a special situation for a temporary period.
(2)Explosives shall be stored only in the storage chamber or chambers of a magazine, and lobbies and passages shall not be used for this purpose otherwise than as provided for in rule 56(2).
(3)Every magazine shall be kept locked at all times, except when necessary operations connected with explosives, which shall be personally supervised by the manager, are required to be conducted therein.
(4)The explosives manager shall ensure, on leaving the magazine, that it is securely locked, and in the event of any lock becoming defective he shall take immediate steps to have the defect remedied.
(5)Explosives shall not be left unguarded by day in a magazine with a defective lock.
(6)No explosives shall be left by night in a magazine with a defective lock, unless they are under police protection.
(7)Whenever it appears to an inspector to be necessary for the security of a magazine, a watchman or watchmen shall be placed in charge of it by the occupier, upon being so directed by the inspector.
(8)Whenever a magazine has been broken into or there are signs that such action has been attempted, the matter shall at once be reported to the nearest police station and to an inspector, whether there is any deficiency of stock or not.
51.An explosives storage book the pages of which shall be in Form No. 4 in the First Schedule shall be kept in English by the person in charge of every magazine, and in it he shall enter all receipts and issues of explosives, stating from whom they were received and to whom issued, and shall also record the maximum and minimum temperature since the preceding visit.
52.(1) Explosives shall not be issued from any magazine except on the written order of an inspector or upon the signed receipt in the explosives storage book of an authorized blaster working on the same project as the explosives manager concerned, and the person in charge of a magazine shall satisfy himself that the person removing the explosives is provided with a permit issued under section 13 of the Act, where such a permit is necessary for the conveyance of the explosives in question.
(2)Explosives shall, so far as practicable, be issued in the same rotation as they were received.
53.(1) Explosives of every class shall be stored separately, except that—
(a)explosives of Class I in cartridge form, and Classes II, III and IV and such explosives of Class VI, Division 2, as do not contain any exposed iron or steel, may be kept with each other;
(b)detonators and all other explosives of Class VI, Division 3, shall not be stored with any other explosives but in a separate magazine so situated as to prevent the sympathetic detonation of adjacent magazines of explosives except that, if the quantity does not exceed 500 No. 6 detonators or the equivalent thereof, such explosives may be stored in separate chambers under such conditions as are approved in writing by an inspector;
(c)safety fuses and cords in unopened cases may be stored in a magazine with any class of explosives as an inspector may approve in writing.
(2)Explosives of Class V and any unauthorized explosives, held pending authorisation, shall not be stored with any other class of explosives.
(3)Every danger building shall be used only for the keeping of such explosives as are specified in the licence, and of such receptacles, tools or implements for work connected with the keeping of such explosives as are permitted by rule 57.
54.(1) Safety fuses may with the written approval of an inspector be stored in any secure cool and dry place other than a magazine.
(2)Fuse igniters may be kept under lock and key in any dry place provided they are separate from other explosives.
55.Cases of blasting cartridges shall not be stored more than 1.8 metres high, and shall be so arranged as to facilitate turnover and readily admit of inspection.[L.N. 271/1969, 1st Sch.]
56.(1) Cases of explosives shall be opened singly and shall not be opened in the storage chamber of any magazine, but in the lobby or outside.
(2)Any explosives remaining after completion of any work shall be destroyed immediately under safe conditions unless a magazine is available for their safe storage, in which event they shall be returned to the magazine; and if the magazine contains a lobby such explosives shall be stored only in the lobby.
57.(1) Tools necessary for opening cases of explosives shall be kept in every magazine, except that, where two or more magazines are erected within one storage area, one set of tools may be provided for the area.
(2)When a magazine consists of a storage chamber and lobby, the tools shall be kept only in the lobby.
(3)Such tools shall be of wood, copper, brass or similar material, but not of iron or steel, except that a steel screwdriver may be kept only if cases with lids fastened by screws are stored in the magazine.
(4)Other metal tools, such as spades, picks, crowbars and the like, shall not on any account be kept in the storage chamber or lobby of a magazine.
(5)A soft brush shall be kept in every magazine.
58.Where a magazine is constructed with a lobby, at least two pairs of large magazine shoes (galoshes) in good condition shall be kept in the lobby of every such magazine, and no person shall be allowed to enter the storage chamber of the magazine unless he first puts on a pair of magazine shoes, or removes his boots or shoes.
59.The floor and walls of every magazine shall be kept scrupulously clean and dry.
60.(1) No explosives which have been underground or which are damp, soiled or in any way defective shall be kept in or returned to a magazine without the written approval of an inspector:Provided that explosives or packages which have become damaged, damp, soiled or defective in transit may be placed apart from other explosives in a magazine to await temporarily the instructions of an inspector, to whom the circumstances shall be immediately reported by the quickest method.
(2)When any explosives are found or suspected to have deteriorated in quality, full particulars shall be reported without delay to an inspector.
(3)Explosives shall not be buried in the ground for safe keeping.
(4)The disposal by destruction or otherwise of any explosives required by virtue of section 26 of the Act shall be the responsibility of the owner thereof and at his expense.
61.(1) Subject to paragraph (2), no person shall smoke in, or make or have a fire, oil lamp or naked light in or in the vicinity of, a magazine; nor shall any person take into a magazine any pipe, tobacco, cigarette or matches or any means of striking a light.
(2)Where it is necessary to use an artificial light in a magazine, it shall be of such character and construction as may be approved in writing by an inspector.
62.(1) Every magazine shall be effectively protected from grass fires and to this end vegetation on mounds shall be cut as short as possible.
(2)The area between every magazine and its mound shall be kept clear of all vegetation and inflammable material.
63.A reliable maximum and minimum thermometer shall be kept in the storage chamber of every magazine licensed to contain 500 kg. of explosives or more.[L.N. 271/1969, 1st Sch.]
64.Repairs shall not be carried out in any magazine whilst explosives are stored therein, except with the consent of and under conditions to be prescribed by an inspector.
65.Unauthorized persons shall not be permitted to loiter in the vicinity of a magazine, and the owner of any magazine and any employee of such owner shall have power to remove persons so loitering.
66.No person under the age of sixteen shall be employed about a magazine or permitted to enter therein.
67.Where a magazine contains a lobby, a copy of these Rules, of any special rules and of the magazine licence shall be posted in the lobby of the magazine in such a position as to be easily read.
68.Any explosives for the storage of which no specific provision has been made in the preceding rules shall be stored only in such place and manner as may be prescribed in writing by an inspector.
69.A special permit, in Form No. 5 in the First Schedule, to store explosives (other than explosives of Class V) in small quantities for private purposes, and not for sale, may be granted by an inspector, subject to the following conditions—
(a)that the applicant is authorized to use the explosives or has engaged the services of a person so authorized;
(b)that the applicant has good and sufficient reason for the use of the explosives on a short-term project, which shall be specified in the permit;
(c)that the quantity of explosives purchased and stored for use at any one time does not exceed 5 kg. net weight, 100 detonators, 200 metres of safety fuse, 200 metres of detonating fuse and 10 fuse igniters;
(d)that the explosives are stored under such conditions as an inspector prescribes on the permit;
(e)that no permit is valid for a period exceeding 30 days from the date of issue thereof;
(f)that an inspector may, at his discretion and at any time, revoke the permit.
[L.N. 271/1969, 1st Sch.]
70.(1) Any person who contravenes this Part shall be guilty of an offence.
(2)Where, in relation to any magazine, mine or other works, there is a contravention or failure to comply with this Part, then, without prejudice to his liability for any offence under paragraph (1) the manager, owner or his agent, or manager of the mine or other works, responsible under rule 47, shall be guilty of an offence.
(3)Any person who is guilty of an offence under this Part shall be liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months.

Part IX – DEALING IN EXPLOSIVES

71.(1) Upon application made to him in that behalf, and upon payment of a fee of fifty shillings, an inspector may issue an annual licence to deal in blasting explosives, under section 8 of the Act, subject to such terms and conditions as he thinks fit.
(2)Every such licence shall be in Form No. 6 in the First Schedule, and, unless sooner revoked, shall be valid for the period shown therein.
(3)An inspector may at any time by notice in writing revoke or suspend any licence if he is satisfied that the licensee has contravened or failed to comply with any of the terms and conditions of his licence or the provisions of the Act or any rules made thereunder.
(4)Any person who is aggrieved by the revocation of his licence under this rule may, within fourteen days of receiving notice thereof, appeal in writing to the Minister, whose decision thereon shall be final and shall not be questioned in any court.
72.A permit to purchase or otherwise acquire blasting materials under section 8 of the Act shall be in Form No. 7 in the First Schedule to these Rules, and signed by an inspector.
73.(1) Every dealer in blasting explosives shall keep a record in English to the satisfaction of an inspector of the nature and amount of blasting explosives stored and sold, and the numbers of permits to purchase (of which he shall retain the duplicate copies), and the dates of sale and the names of purchasers, and shall produce his records to any inspector, police officer or duly appointed officer of the local authority when asked so to do.
(2)He shall return at the end of each month the completed duplicate copies of the permits to purchase to the office of the inspector who issued them, together with a statement of balance of stock and total sales during the month.
74.Every such dealer shall have affixed to the outside of his shop, store or premises the following notice—

"DEALER IN BLASTING EXPLOSIVES"

75.In relation to the sale thereof, no gunpowder, granular explosives or cartridges shall be dispensed from a magazine, except in unopened cases or in unopened inner packets.
76.(1) A licensed dealer shall not keep in his shop quantities of explosives in excess of the following amounts—
(a)in the case of blasting explosives (Class I), not more than 50 kg.;
(b)in the case of blasting explosives (Classes II, III and IV), not more than 25 kg. in the aggregate;
(c)in the case of detonators, not more than 20 boxes containing 100 each.
(2)Different classes of explosives shall be separated in conformity with paragraph (1) of rule 53, and stored in locked receptacles to the satisfaction of an inspector.
(3)Detonators shall be separated from other explosives by a distance of not less than 2 metres.[L.N. 271/1969, 1st Sch.]
77.Any person who contravenes this Part shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months.

Part X – USE

78.(1) Any inspector, verbally or in writing, may prohibit, restrict or regulate the use of explosives in places where, in the opinion of an inspector, owing to the close proximity of buildings blasting may appear to endanger life or property.
(2)The use of explosives on or in the immediate vicinity of any public thoroughfare is prohibited, except under and in accordance with the written approval of an inspector.
(3)Any person who contravenes or fails to comply with any directions of an inspector under paragraph (1), or who contravenes this rule, shall be guilty of an offence.
79.(1)No person shall use or transport or cause to be used or transported any explosives, in the working of any mine, quarry, excavation or other project, unless he has first appointed an explosives manager and has notified such appointment in writing to an inspector.
(2)The explosives manager shall be directly responsible for the security of all explosives used, transported or stored on the mine, quarry, excavation or other project.
(3)Any person who fails to appoint an explosives manager as required by paragraph (1) shall himself be deemed to be the duly appointed explosives manager.
80.(1) The explosives manager of any mine, quarry, excavation or other project in relation to which explosives are used shall—
(a)be responsible for the safety and security of all explosives used, transported or stored, except when the explosives have been handed to the blaster for use;
(b)be responsible for the safety of every person not the holder of a valid permit to use blasting materials who may be employed or working on the project, whether under his direct supervision or not, unless he can prove that the person was operating under the direct supervision and control of the holder of such a valid permit at the time of any contravention of these Rules or of any special rules, or accident;
(c)be responsible for the enforcement of any special rules made for the regulation, safety and proper discipline of persons employed or for the security of the explosives under his control;
(d)ensure that only a blaster undertakes or supervises blasting operations, and that such person is in possession of a valid permit issued under section 10 of the Act;
(e)provide every blaster with at least two strong waterproof boxes made of wood with brass fittings and hinged lids suitable for carrying explosives, which boxes shall be painted red and conspicuously marked with the words"EXPLOSIVES (BARUTI)" in block letters;
(f)keep one set of the keys of the boxes and give the other to the blaster when he is on duty; and
(g)ensure that the blaster’s keys to the boxes are returned to him on each occasion the blaster goes off duty.
(2)The explosives manager, with the written approval of an inspector, may delegate in writing any part of his responsibility to another person, in which event a copy of such delegation signed by the explosives manager and the person accepting the responsibility shall be sent to the inspector.
81.(1) Subject to paragraph (2), no explosives shall be withdrawn from a magazine nor shall explosives be used, prepared or fired between the hours of 5 p.m. to 6.30 a.m.
(2)Application in writing for exemption from subrule (1), supported by reasons, may be made by the owner or explosives manager to an inspector, who may grant such exemption if he is satisfied as to the necessity thereof, and he may insert such conditions to the exemption as he thinks fit.
(3)Where an inspector refuses such an application, the applicant may appeal within seven days to the chief inspector, whose decision shall be final.
82.Regulations 75, 78, 80, 93 to 102 inclusive, and regulations 104 to 121 inclusive, of the Mining (Safety) Regulations (sub. leg) shall apply to the use of blasting explosives generally and for this purpose reference therein to holders of miner’s blasting certificates and inspectors of mines shall be construed as being references to holders of valid permits to use blasting materials issued under section 11(1)(b) of the Act and inspectors of explosives respectively.
83.(1) A permit to use blasting materials issued under section 11(1)(b) of the Act shall be in, Form No. 8 in the First Schedule.
(2)The fee for such permit or renewal thereof shall be ten shillings, and the fee for a certified copy thereof shall be two shillings.
84.Wherever blasting materials are used, the owner shall provide the tools and equipment required under these Rules, and the manager shall take all reasonable steps to ensure that such tools and equipment are properly used and maintained in good order and repair.
85.A blaster on any mine, quarry, excavation or other project shall—
(a)place and keep his issue of detonators and safety fuse from the magazine in one box issued to him under rule 80(1)(e) and his other explosives in the second box;
(b)after completing his work and complying with rule 56(2), ensure that the boxes are left clean and empty;
(c)keep the boxes securely locked at all times, except when explosives are being inserted therein, removed therefrom or inspected;
(d)keep his keys to the boxes only while on duty and return them to the explosives manager on all occasions when going off duty;
(e)be responsible for the safety and security of all explosives handed to him for use, and maintain, if required by an inspector, in English, a blaster’s daily record book the pages of which shall be in Form No. 9 in the First Schedule;
(f)be responsible for the safety of all persons under his direct control assisting with the charging up and firing of blasting materials or in connection with the use thereof;
(g)comply with regulation 111 of the Mining (Safety) Regulations (Cap. 306, Sub. Leg);
(h)in the event of a suspected misfire, comply with regulations 95, 96, 97, 98 and 99 of the Mining (Safety) Regulations relating to misfires, if practicable under the circumstances; but when blasting powder is used or compressed air or water under pressure is not available the procedure detailed in rule 87 of these Rules shall be adopted;
(i)not use a delay detonator unless the number indicating the period of delay is clearly marked on the detonator or on the lead thereof;
(j)when charges are fired under water, make and secure the efficient carrying out of the arrangements to ensure that no shot is fired unless—
(i)the charge is of a water resistant type and protected as far as possible from becoming wet;
(ii)in the event of a misfire, the charge can be readily recovered;
(k)ensure that all holes are cleared out before charging is commenced;
(l)ensure that no person shall charge with blasting powder any shot-hole in which a shot has previously been fired by means of safety fuse;
(m)ensure that no person shall charge a hole in which a shot has previously been fired unless the hole has been so treated as to ensure that it is cool and that any burning material therein is extinguished and there has elapsed since the firing of that shot—
(i)where the hole is to be charged with gunpowder, two hours;
(ii)in any other case, thirty minutes;
(n)ensure that no person other than himself or an assistant working in conformity with regulation 102 of the Mining (Safety) Regulations shall—
(i)remove or interfere with the wrapping of any blasting cartridge; or
(ii)attach any detonator to any fuse; or
(iii)insert a capped fuse into a blasting cartridge; or
(iv)charge up or fire any hole; or
(v)treat or attempt to deal with any misfire.
86.Every shot shall be treated as a misfire if it fails to explode—
(a)in the case of a shot being fired by safety fuse (whether or not in conjunction with the use of a detonating fuse), after the blaster has withdrawn after once lighting or attempting to light the safety fuse or other material or apparatus approved by the chief inspector for firing shots by safety fuse;
(b)in the case of a shot being fired electrically (whether or not in conjunction with the use of a detonating fuse), after the blaster having attempted unsuccessfully to fire the shot (whether a single shot or a round) has followed the procedure prescribed in regulation 120 of the Mining (Safety) Regulations (Cap. 306, Sub. Leg).
87.The alternative method of dealing with misfires mentioned in rule 85 shall be as follows—
(a)the site of a misfired hole shall be exposed by removing the debris by hand or with wooden tools and no metallic tools shall be used in such work;
(b)when gunpowder (Class I) has been charged, the tamping shall be carefully removed with a wooden spoon, copper scraper or other instrument approved by an inspector, preferably with the use of water, and the hole shall then be flooded with water until the charge has become thoroughly saturated;
(c)when explosives other than of Class I have been charged, a relieving bole shall be drilled under the personal supervision of a blaster, parallel to, at least 15 centimetres deeper than and not nearer than 50 centimetres from the misfired hole; the relieving hole shall then be charged and detonated and a thorough search shall be made of the resulting debris to recover any unexploded charge from the misfire;
(d)the above-mentioned process shall be repeated as often as may be necessary until the blaster has satisfied himself that the misfire has been rendered safe and that further work may proceed in the vicinity without hazard.
[L.N. 271/1969, 1st Sch.]
88.(1) Any person drilling a hole to relieve a misfire shall ensure that the hole is drilled in such manner as to avoid touching or otherwise affecting any unexploded detonator or charge in the misfire.
(2)If any misfire contains a detonator, the blaster shall attach the leads or fuse thereof by string to the shot-firing cable, or to some distinctive marker before work in the vicinity is permitted.
89.At any place where debris resulting from a shot is being worked, treated or removed, any worker finding evidence of explosives or detonator wires in or under the debris shall bring the matter to the notice of the other persons in the vicinity and shall forthwith report it to his immediate supervisor, who shall thereupon close the place to further work pending an examination by a blaster.
90.(1) In respect of holes of greater depth than 3 metres, the explosive charges shall be initiated only by means of detonating fuse; and the end of the fuse shall be threaded through or firmly attached by means of tape, string or thin copper wire to the first cartridge to be charged into the hole.
(2)After the first cartridge has been lowered to rest on the bottom of the hole, the fuse shall be cut off the reel at a point not less than 15 cm. beyond the collar of the hole and firmly secured; and the reel shall then be removed to a safe place not less than two metres from the hole before any further explosive is charged into the hole.
(3)The detonator required for setting off the shot shall not be brought into the immediate blast area until all such holes have been charged and connected up and are in every other respect ready for firing.
(4)This rule shall not apply when holes are charged with blasting powder (Class I) or in seismic work or in borehole drilling operations or in tunnel or shaft sinking operations.[L.N. 271/1969, 1st Sch.]
91.(1) No person other than a blaster having previous experience of such process shall destroy blasting explosives by burning except under the direct personal supervision of such a blaster.
(2)A description of the type and quantity of blasting explosives destroyed and the reasons for their destruction shall be sent by the person responsible for their destruction to an inspector, and shall be entered in the explosives storage book provided for by rule 51, and such entry shall be dated and signed.
(3)When an order is given for the destruction of explosives under section 26 of the Act, no compensation shall be payable to the owner thereof for any explosives so destroyed, and the owner shall defray any expenses incurred in connection with the destruction of such explosives.
92.Any person who contravenes this Part shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months.

Part XI – ACCIDENTS—REPORTS AND INQUIRIES

93.Where any accident by fire or explosion occurs in or about any explosives factory or magazine, or while explosives are being transported, the occupier of the factory or magazine, the transport contractor, railway manager or any other person responsible for the transport shall forthwith send notice of the accident, together with a statement of any loss of life or any personal injury, to the chief inspector.
94.(1) Where fire or accident occurs as mentioned in rules 93 to 96, inclusive, it shall be an offence for any person to interfere in any way with the site or evidence at the place of the explosion or fire, except in so far as may be necessary for the removal of victims or for the safety of persons or property, until permission for interference has been granted by an inspector or a police officer of or above the rank of Inspector.
(2)Where a danger building has been partly or wholly destroyed by fire or explosion, such danger building shall not be reconstructed nor shall any explosive be put therein, except with the consent of an inspector of explosives.
95.Whenever any accident by fire or explosion occurs in or about any premises occupied by a dealer in explosives whereby loss of life or personal injury is caused, the occupier shall immediately send notice thereof to the chief inspector.
96.Whenever an accident causing loss of life or personal injury occurs in the use of explosives, the person in charge of the operations shall forthwith send notice thereof to the chief inspector.
97.Whenever any accident by explosion takes place otherwise than as described in rules 93 to 96, inclusive, notification thereof shall forthwith be sent to the chief inspector.
98.(1) A subordinate court of the first or second class shall hold an inquiry into the cause of any occurrence of which notice is required by rules 93 to 96, inclusive, whether or not a fatality is connected with or results from the occurrence:Provided that it may dispense with such inquiry if it is satisfied, upon consideration of a written report of the person undertaking the investigation mentioned in rule 99 or upon a report submitted by the police, that it is unnecessary to hold such inquest or inquiry.
(2)If the court decides to hold such inquiry, an inspector or other representative of the Commissioner shall be present to assist, and the Court shall adjourn the inquiry unless such an officer is present to assist in the proceedings.
(3)The court, at least fourteen days before holding the adjourned inquiry, shall cause notice in writing of the time and place of holding the adjourned inquest or inquiry to be sent to the inspector in whose district the accident occurred.
(4)An inspector or other representative of the Commissioner shall be at liberty at any such inquiry to examine any witness, subject to the power of the Court to disallow any question which, in its opinion, is not relevant or is otherwise not a proper question.
(5)Any relative of any person whose death or injury may have been caused by the accident with respect to which the inquiry is being held, and the owner, agent or manager of the project or premises where the accident occurred, and any person representing any association of workmen to which the deceased belonged or any association of which the owner is a member, shall be at liberty to attend and examine any witness, either in person or by advocate or agent, subject to the power of the Court to disallow any question which, in its opinion, is not relevant or is otherwise not a proper question.
99.(1) Upon receiving notice under rule 93, rule 95 or rule 96 an inspector or any person deputed by the Commissioner for the purpose shall as soon as possible hold an investigation into the cause of the accident and forthwith submit a report to the Court concerned.
(2)Where as a result of the investigation required by paragraph (1) there is reason to believe that such accident, explosion or fire was due to negligence or malice or that it was in the nature of an outrage, the inspector or person holding such inquiry shall forthwith give notice to this effect to the police officer in charge of the district.
100.An inspector may himself or by any person deputed by the Commissioner for the purpose hold an inquiry into the circumstances attending any explosion whereof notification is required under rules 93 to 97, inclusive, and to that end such inspector or person may—
(a)enter and inspect any building which it may seem to him necessary to inspect;
(b)require the attendance of all necessary witnesses and require them to answer such questions as he may think fit to put;
(c)require the production of all necessary books, papers and documents;
(d)administer oaths and require any person examined to sign a declaration of truth of the statement made by him in his examination:Provided that no person shall be required to answer any question that may tend to incriminate him.
101.Any person who contravenes this Part, or who obstructs or fails to comply with any lawful order of a public officer acting in pursuance of the provisions of or powers conferred by this Part, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months.
102.Nothing in these Rules shall apply to any fireworks or firework composition as defined in the Explosives (Fireworks) Rules.

FIRST SCHEDULE

[L.N. 271/1969, 1st Sch.]
FORM No. 1(r. 18))
THE EXPLOSIVES (BLASTING EXPLOSIVES) RULES
PERMIT TO IMPORT/EXPORT EXPLOSIVES
Permit No. .......................................... is issued to ........................................................Messrs ..............................................................................................................................under section 9 of the Act and subject to the Rules made thereunder for a period
not exceeding ..................................................................................................................
Name of suppliers ..........................................................................................................
Country of manufacture .............................................................................................
Port of entry/exit .........................................................................................................
Mode of transport and route ..................................................................................
The quantities and classes of explosives stated on this permit shall not be exceeded or altered in any way.
ClassDescriptionNo. of CasesWeight
...................................................................................................................................................................................................................................................................................................................................................
Issued at ............................... on the ............................, 20 ...............
......................................................Inspector of Explosives
N.B. — When the explosives have been received/despatched, the triplicate copy of this permit must be signed and returned by the holder to the Chief Inspector of Explosives, Mines and Geological Department, P.O. Box 30009, Nairobi.
......................................................Signature of Holder
   
   
   
   
   
   
FORM No. 3(r. 37(1))
EXPLOSIVES (BLASTING EXPLOSIVES) RULES
Licence to Store Blasting Explosives
Magazine Licence No. .......................
Name .........................................................................Address ........................................................................Place of business .........................................................Type of construction of magazine ................................Situation of Magazine ................................................Description and amounts of explosives permitted to be stored—
ClassDescriptionNo. of CasesWeight
........................................................................................................................................................................................................................................................................................................................................
Conditions of Storage Licence—..............................................................................................................................................................................Fee paid:Date of expiry of the Licence — the 31st day of December, 20 ................Issued at ...................... on the .............., 20 ...................
   
   
   
   
   
   
FORM No. 5(r. 69)
SPECIAL STORAGE PERMIT
 
Name ....................................................Address .................................................is hereby authorized to store the following explosives:—
ClassDescriptionAmount
................................................................................................................................................................................................................................................................................................
subject to the following Conditions:—
(1).........................................................................
(2)........................................................................
(3)........................................................................
(4)........................................................................
(5)........................................................................Issued at ................... on the ......................., 20 .............
   
   
 ............................................................... 
 Inspector of Explosives 
   
  
  
   
   
   
  
FORM No. 7(r. 72)
 
EXPLOSIVES (BLASTING EXPLOSIVES) RULES
 
PERMIT TO PURCHASE BLASTING EXPLOSIVES
 
 
Permission is hereby granted to ..................... of ...................... to purchase the undermentioned of ....................... explosives on or between the following dates ...................to ........................ only on behalf of .......................... of ..........................* For immediate use_______________________________________*For Storage useMagazine No. ................... at ................................
TOTAL AMOUNTS AUTHORIZEDAMOUNTS ISSUED BY DEALERS AND DATE THEREOF (to be filled in by Dealers in Explosives)
  
Date ..................................     
 (1)(2)(3)(4)(5)
Gelignite ........................kg.    
Dynagel .........................kg.    
Freflo.............................kg.    
Gunpowder .............................kg.    
Detonaters ..............................kg.    
Detonaters Elec ......................... No.    
Cordtex ............................................ m    
Safety Fuse .................................. m    
Igniter Cord .............................. m    
Fuse Igniters ...........No.    
      
      
The sum of the amounts stated in column 2, 3, 4 and 5 shall not exceed the total stated in column 1.Mode of Transport ..................... Road/Rail Transport No. ..............Vehicle Reg. No ................... via Route ......................Issued at .............. on the ...................... 19 .........
 ............................................................
 Inspector of Explosives
_________________________________________________________________________________*Delete where not applicable.N.B.-Duplicate copy to be returned to the issuing office when completed or to the Chief Inspector of Explosives, Mines and Geological Department, P. O. Box 30009, Nairobi.
   
   
   
FORM No. 8(r. s. 11(1)(b), r. 83)
 
Permit to Use Blasting Materials
 
THIS PERMIT EXPIRES ON THE .........................................
 
Mr. ............................ of ........................is hereby permitted to use blasting materials under section 11(1)(b) of the Explosives Act.Date .........................., 20 ....................
...................................Signature of holder...................................................Inspector of explosives
 
 

______________________________

FORM No. 9(r. 85)
 
BLASTER'S DAILY RECORD
DETAILS OF EXPLOSIVES USED
 
(All entries must be signed daily by the blaster)
 
DateType Size AmountDescription of work place, No. of holes, depth, etc.Misfire
      
      

SECOND SCHEDULE [r. 37]

STORAGE OF BLASTING EXPLOSIVES—LICENCE FEES

[L.N. 271/1969, 1st Sch.]
  Sh.
1.Issue or renewal of licence to store 500 kg. or over - per year or part thereof .........................................................................................100
2.Issue or renewal of licence to store more than 25 kg. but less than 500 kg. per year or part thereof ..................................................................................50
3.Issue or renewal of licence to store up to 25 kg.—per year or part thereof .......25
4.Transfer of a licence ......................................................................................20
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History of this document

31 December 2022 this version
03 July 1962
Published in Kenya Gazette 28
Commenced

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