These Rules may be cited as the Explosives (Blasting Explosives) Rules.

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.

(1) Explosives shall, for the purposes of these Rules, be divided into seven classes as follows:—

(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.

(1) Gunpowder, if not exceeding 2.5 kilograms in weight, shall be contained in a single substantial case, bag, canister or other receptacle.

(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.

(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.

(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.

(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.

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 1

and 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

(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.

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.

(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.

(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.

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.

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.

Permits to import or export explosives shall be in Form No. 1 in the First Schedule.

(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.

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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(1) No person shall transmit explosives of any description or in any quantity whatsoever through the post.

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.

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.

(1) It shall be lawful for any local authority to prescribe within its jurisdiction the route to be followed by vehicles carrying explosives.

(1) An inspector or any police officer may detain a vehicle or convoy carrying explosives to ascertain whether these Rules are being observed.

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.

(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.

(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.

Every licence shall state the maximum quantity and the nature of the explosives to be stored in the magazine.

(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—

(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.

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.

(1) Except with the written approval of the Commissioner, no magazine shall be licensed to contain more than 5,000 kg. of explosives.

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).

(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.

(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.

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.

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.

(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.

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.

(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.

(1) Safety fuses may with the written approval of an inspector be stored in any secure cool and dry place other than a magazine.

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.

(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.

(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.

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.

The floor and walls of every magazine shall be kept scrupulously clean and dry.

(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.

(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.

(1) Every magazine shall be effectively protected from grass fires and to this end vegetation on mounds shall be cut as short as possible.

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.

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.

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.

No person under the age of sixteen shall be employed about a magazine or permitted to enter therein.

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.

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.

(1) Any person who contravenes this Part shall be guilty of an offence.

(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.

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.

(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.

Every such dealer shall have affixed to the outside of his shop, store or premises the following notice—

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.

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.

(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.

(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.

(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.

Regulations 75, 78, 80, 93 to 102 inclusive, and regulations 104 to 121 inclusive, of the Mining (Safety) Regulations (Cap. 306, 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.

(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.

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.

(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.

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.

(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.

(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.

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.

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.

(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.

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.

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.

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.

(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.

(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.

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.

Nothing in these Rules shall apply to any fireworks or firework composition as defined in the Explosives (Fireworks) Rules.

These Rules may be cited as the Explosives (Blasting Explosives) Rules.

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.

(1) Explosives shall, for the purposes of these Rules, be divided into seven classes as follows:—

(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.

(1) Gunpowder, if not exceeding 2.5 kilograms in weight, shall be contained in a single substantial case, bag, canister or other receptacle.

(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.

(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.

(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.

(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.

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 1

and 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

(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.

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.

(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.

(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.

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.

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.

Permits to import or export explosives shall be in Form No. 1 in the First Schedule.

(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.

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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(1) No person shall transmit explosives of any description or in any quantity whatsoever through the post.

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.

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.

(1) It shall be lawful for any local authority to prescribe within its jurisdiction the route to be followed by vehicles carrying explosives.

(1) An inspector or any police officer may detain a vehicle or convoy carrying explosives to ascertain whether these Rules are being observed.

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.

(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.

(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.

Every licence shall state the maximum quantity and the nature of the explosives to be stored in the magazine.

(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—

(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.

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.

(1) Except with the written approval of the Commissioner, no magazine shall be licensed to contain more than 5,000 kg. of explosives.

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).

(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.

(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.

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.

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.

(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.

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.

(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.

(1) Safety fuses may with the written approval of an inspector be stored in any secure cool and dry place other than a magazine.

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.

(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.

(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.

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.

The floor and walls of every magazine shall be kept scrupulously clean and dry.

(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.

(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.

(1) Every magazine shall be effectively protected from grass fires and to this end vegetation on mounds shall be cut as short as possible.

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.

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.

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.

No person under the age of sixteen shall be employed about a magazine or permitted to enter therein.

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.

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.

(1) Any person who contravenes this Part shall be guilty of an offence.

(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.

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.

(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.

Every such dealer shall have affixed to the outside of his shop, store or premises the following notice—

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.

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.

(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.

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.

(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.

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.

(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.

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.

(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.

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.

(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.

(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.

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.

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.

(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.

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.

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.

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.

(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.

(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.

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.

Nothing in these Rules shall apply to any fireworks or firework composition as defined in the Explosives (Fireworks) Rules.