Explosives - Regulation and Inspection

C.R.S. tit. 9, art. 7
in effect

C.R.S. § 9-7-101 Short title

9-7-101. Short title. This article shall be known and may be cited as the "Explosives Act".

C.R.S. § 9-7-102 Legislative declaration

9-7-102. Legislative declaration. The general assembly hereby declares that the purpose of this article 7 is to provide for safety inspections to assure suitable control of the procurement of and access to explosives and, at the same time, to avoid undue limitations upon the manufacture, sale, transport, or legitimate use of explosives. To avoid a duplication of supervision, inspection, and enforcement by various governmental agencies, no person, firm, partnership, or corporation that is subject to regulation under articles 20 to 54 of title 34, C.R.S., or 30 CFR 56, 57, 75, or 77 shall be subject to this article 7. Fireworks subject to part 20 of article 33.5 of title 24 shall not be subject to regulation under this article 7.

C.R.S. § 9-7-103 Definitions

9-7-103. Definitions. As used in this article, unless the context otherwise requires: (1) Repealed. (1.5) "Department" means the department of labor and employment. (2) "Division" means the division of oil and public safety in the department of labor and employment. (3) "Explosive" or "explosive device" means any material or container containing a chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustible materials or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, but shall not mean the components for handloading rifle, pistol, and shotgun ammunition and/or rifle, pistol, and shotgun ammunition. (4) "Incendiary device" means any flammable material or container containing a flammable liquid or material whose ignition by fire, friction, concussion, detonation, or other method produces destructive effects primarily through combustion rather than explosion. (5) "Molotov cocktail" means a breakable container containing an explosive or flammable liquid or other substance, having a wick or similar device capable of being ignited, and may be described as either an explosive or incendiary device. A molotov cocktail is not intended to mean a device commercially manufactured primarily for the purpose of illumination or other such uses.

C.R.S. § 9-7-104 Enforcement

9-7-104. Enforcement. (1) The division shall enforce this article and for such purposes shall: (a) Issue permits to applicants found by the division, after inspection and investigation, to be qualified for such permit under this article and the rules of the division; (b) Deny, suspend, or revoke permits upon a finding of noncompliance or violation of this article or of the applicable rules; (c) Hold hearings upon the application of any person aggrieved by any order of the division with respect to the denial, suspension, or revocation of any permit; (d) Inspect, during normal business hours, any building, structure, or premises subject to this article, and, upon the discovery of any violation of this article or the applicable rules, issue such orders as are necessary for the safety of workers and the public, and, in the case of imminent hazard, apply for an injunction in the appropriate district court. (2) The division may inspect blast sites or request a blast demonstration in a controlled environment pursuant to rules promulgated by the director of the division.

C.R.S. § 9-7-105 Duties of director of division

9-7-105. Duties of director of division. (1) The director of the division shall promulgate rules and regulations to implement the provisions of this article. Such rules and regulations may include requirements not mentioned specifically in this article but which are reasonably necessary for the safety of workers, the public, and the protection of property. The procedure for the promulgation of such rules and regulations shall be in accordance with the provisions of section 24-4-103, C.R.S. (2) Any person aggrieved by a decision or order of the director of the division may seek judicial review pursuant to the provisions of section 24-4-106, C.R.S.

C.R.S. § 9-7-106 Explosives permits

9-7-106. Explosives permits. (1) It is a violation of this article to manufacture, sell, purchase, store, transport, or use explosives without first obtaining from the division a permit. (2) Permits issued under this article shall not be transferable, and shall be readily available for inspection by representatives of the division and law enforcement officials. (3) The division may place such restrictions and limitations on permits as it deems necessary. (4) Nothing in this article shall authorize the issuance of a permit for an explosive or incendiary device commonly known as a Molotov cocktail, and no permit may be issued for the manufacture, sale, storage, transportation, or use of such device. (5) No permit shall be required for the occasional purchase of explosives by a person for normal agricultural purposes, if such person is personally known by the seller of such explosives, and a record is kept of such transaction by the seller, including the specific purpose for which such explosives will be used, the location of the proposed use, the signature of the purchaser, and the certification of the seller as to his personal knowledge of the purchaser. Violation of the record requirement of this section shall cause the seller's permit to be canceled. (6) No division-issued permit shall be required for a person, firm, partnership, or corporation whose use and storage of explosive materials is for the purpose of underground mining, surface or underground metal mining, or surface or underground coal mining and whose use and storage of explosive materials is regulated by 30 CFR 56, 57, 75, or 77.

C.R.S. § 9-7-107 Fees

9-7-107. Fees. An application for initial issuance or renewal of a thirty-six-month permit under this article shall be accompanied by a fee as established by the director of the division; except that the director of the division by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the director of the division by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

C.R.S. § 9-7-108 Issuance of permit - renewal - criminal history record check

9-7-108. Issuance of permit - renewal - criminal history record check. (1) Permits issued under this article shall be valid for up to thirty-six months after the date of issue unless sooner revoked or suspended. Permits may be issued on a conditional basis, subject to revocation or suspension based on the occurrence or nonoccurrence of an event specified by the division. Permits may be renewed on or before their expiration date upon the payment of the required fee. (2) Prior to the issuance of a permit pursuant to this article, each applicant for a permit shall submit his or her set of fingerprints to the department. The department shall conduct a criminal history record check of each applicant. If, as a result of such check, the department finds that further investigation is necessary, the department shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The costs associated with the fingerprint-based criminal history record check shall be paid by the applicant to the Colorado bureau of investigation. The department shall consider the information resulting from the criminal history record checks in its determination as to whether the division shall issue a permit to the applicant. Nothing in this section shall preclude the department from making further inquiries into the background of the applicant.

C.R.S. § 9-7-108.3 Transition to three-year permits - repeal

9-7-108.3. Transition to three-year permits - repeal. (Repealed)

C.R.S. § 9-7-108.5 Disposition of fees

9-7-108.5. Disposition of fees. All fees collected by the division pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the public safety inspection fund created pursuant to section 8-1-151, C.R.S.

C.R.S. § 9-7-109 Records

9-7-109. Records. Every person holding a permit issued under this article shall keep such records as may be required by the division. Records shall be maintained for not less than two years following the year in which the record is made. All such records shall be open to inspection by the division or its representatives during normal business hours.

C.R.S. § 9-7-110 Revocation or suspension of permit

9-7-110. Revocation or suspension of permit. A violation of this article or the rules and regulations promulgated pursuant thereto, shall constitute grounds for the revocation or suspension of a permit issued under this article.

C.R.S. § 9-7-111 Failure to obtain permit - penalty

9-7-111. Failure to obtain permit - penalty. Except as provided in section 9-7-106 (5), any person who manufactures, sells, stores, transports, or uses explosives without first obtaining a permit therefor under the provisions of this article 7 commits a class 2 misdemeanor.

C.R.S. § 9-7-112 Unlawful use of explosives or incendiaries - penalty

9-7-112. Unlawful use of explosives or incendiaries - penalty. (Repealed)

C.R.S. § 9-7-113 Use of flammable gases in home marijuana cultivation - prohibited

9-7-113. Use of flammable gases in home marijuana cultivation - prohibited. A local government may ban the use of a compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids in a residential setting.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-09.docxFetched: 10/6/2026