L. 1909, ch. 36 Explosives; Regulation 8 236 hundred and thirty-one of this article, and shall issue a certificate to the person applying therefor, showing compliance with the provisions of this article, which certificate shall set forth the maximum quantity of explosives that may be had, kept or stored in said magazine. Such certificate of compliance shall be valid until cancelled for cause as hereinafter provided. Whenever by reason of change in the physical conditions surrounding said magazine at the time of the issuance of the certificate of compliance therefor, such as the erection of buildings nearer said magazine or the operation of railways, or the opening of highways, the commissioner of labor shall modify or cancel such certificate in accordance with the changed conditions. Whenever any person to whom a certificate of compliance has been issued by the state fire marshal or commissioner of labor keeps or stores in the magazine covered by such certificate of compliance any quantity of explosives in excess of the maximum amount set forth in such certificate of compliance issued therefor, or whenever any person fails for thirty days to pay the annual license fee hereinafter provided after the same becomes due, the commissioner of labor is authorized to cancel such certificate of compliance and to order the removal of all explosives stored in said magazine. Every person engaging in the keeping or storing of explosives shall pay an annual license fee for each magazine maintained, to be graduated by the commissioner of labor according to the quanity kept or stored therein, of not less than five dollars nor more than twenty-five dollars. Said license fee shall be payable in advance to the commissioner of labor and by him paid to the state treasurer. New. Added by L. 1915, ch. 234. See also note following article 15-a, supra. § 236. Transportation. Every vehicle while carrying explosives shall display upon an erect pole on the front end of such vehicle and at such height that it shall be visible from all directions a red flag with the word "danger" printed, stamped or sewed thereon in white letters. Such flag shall be at least eighteen inches by thirty inches in size, and the letters thereon shall be at least twelve inches in height. (a) It shall be unlawful for any person in charge of a vehicle containing explosives to smoke in or upon such vehicle, to drive 8 237 Explosives; Regulation L. 1909, ch. 36 the vehicle while intoxicated, to drive the vehicle or to conduct himself in a careless or reckless manner or to load or unload such vehicle in a careless or reckless manner or while smoking or intoxicated. (b) It shall be unlawful for any person to place or carry, or cause to be placed or carried in or upon any vehicle containing explosives any metal tool or other piece of metal. (c) It shall unlawful for any person to place or carry in or upon a vehicle containing explosives any exploders, detonators, blasting caps or other explosive material, or to carry in or upon any such vehicle any matches or any mechanical device for producing spark, flame or heat. Nothing contained in this article shall apply to explosives while being transported upon vessels or railroad cars in conformity with the regulations adopted by the interstate commerce commission, nor to the transportation or use of blasting explosives for agricultural purposes or in quantities not exceeding five pounds at any one time. New. Added by L. 1915, ch. 234. Employment by common carrier of person addicted to intoxication: see PENAL LAW, §§ 1913, 1984. § 237. Records of sale. Every person selling or giving away explosives within this state shall keep at all times an accurate journal or book of records in which must be entered from time to time, as it is made, each and every sale made by such person in the course of business, or otherwise, of any quantity of explosives. Such journal or record book must show in a legible writing, to be entered therein at the time, a complete history of each transaction stating the name and quantity of explosives sold, name, place of residence and business of the purchaser, name of individual to whom delivered, with his or her address. Such journal or book of record must be kept by the person so selling explosives in his or their principal office or place of business, at all times subject to the inspection and examination of the commissioner of labor, his deputies, and the police authorities of the county or municipality where the same is situated, on proper demand therefor. Nothing in this section, however, shall apply to persons selling or giving away explosives in quantities of five pounds or less at any one time. New. Added by L. 1915, ch. 234. L. 1909, ch. 36 Explosives; Regulation §§ 238-239-a § 238. Exceptions. Nothing contained in this article in sections two hundred and thirty to two hundred and thirty-seven, inclusive, shall be deemed to include gasoline, kerosene, naphtha, turpentine or benzine, nor shall any of the provisions of this article fifteen-a apply to cities of this state having more than one million inhabitants. In any other city of the state having a department of public safety and connected therewith a bureau of explosives or combustibles, the provisions of this article shall be enforced by such local authorities. New. Added by L. 1915, ch. 234. § 239. Firearms. No person shall discharge any firearms within five hundred feet of any magazine or factory, except that the provisions of this section shall not apply to the testing of firearms or explosives in or upon the premises of any manufacturing plant engaged in the manufacture of firearms or explosives. The method of testing all firearms in any manufacturing plant engaged in the business of manufacturing firearms shall be subject to the approval of the commissioner of labor. New. Added by L. 1915, ch. 234. § 239-a. Penalties. Whoever fails to comply with or violates any provision of this article shall be guilty of a misdemeanor. New. Added by L. 1915, ch. 234. §§ 240, 241 Laws Repealed; When to Take Effect L. 1909, ch. 36 ARTICLE 16 LAWS REPEALED; WHEN TO TAKE EFFECT Section 240. Laws repealed. 241. When to take effect. § 240. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. Laws repealed.—The Labor Law of 1897 repealed chapter 314 of the Laws of 1885, and all but section 5 of chapter 517 of the Laws of 1892, covering subjects now treated in section 18. Wingert v. Krakauer, (1902) 76 App. Div. 34, 78 N. Y. S. 664. The original Labor Law also repealed chapter 622 of the Laws of 1894, relating to the wages of municipal corporations or contractors on public works, but section 3 re-enacted, in substance, section 2 thereof. McCann v. New York, (1900) 52 App. Div. 358, 65 N. Y. S. 308, affirmed (1901) 166 N. Y. 587 mem. |