N.Y. Labor Law § 451: Definitions

§ 451. Definitions. Whenever used in this article: 1. "Explosives"

means gunpowder, powders used for blasting, high explosives, blasting

materials, detonating fuses, detonators, pyrotechnics and other

detonating agents, fireworks and dangerous fireworks as defined in

section 270.00 of the penal law, smokeless powder and any chemical

compound or any mechanical mixture containing any oxidizing and

combustible units, or other ingredients in such proportions, quantities,

or packing that ignition by fire, friction, concussion, percussion or

detonation of any part thereof may cause and is intended to cause an

explosion, but shall not include gasoline, kerosene, naphtha,

turpentine, benzine, acetone, ethyl ether, benzol or quantities of black

powder not exceeding five pounds for use in firing of antique firearms

or artifacts or replicas thereof. Fixed ammunition and primers for small

arms, pyrotechnic devices which are designed for and being used for

legitimate wildlife management or controls, safety fuses and matches

shall not be deemed to be explosives when, as provided by regulation,

the individual units contain any of the above-mentioned articles or

substances in such limited quantity, of such nature and so packed that

it is impossible to produce an explosion of such units to the injury of

life, limb or property. The term "explosives" shall also include two or

more components that are advertised and sold together with instructions

on how to combine the components to create any device designed or

specially adapted to facilitate a detonation or combustion.

2. "Highway" means any public street, public highway, public alley or

navigable waterway, which is open for traffic. Navigable waterways shall

be considered as only those susceptible of being used, in their ordinary

condition, as highways of commerce.

3. "Railroad" or "railway" means any railroad that carries passengers

or freight for hire, but shall not include auxiliary tracks, spurs and

sidings installed and primarily used in serving any mine, quarry or

plant.

4. "Building" means any building regularly occupied in whole or in

part as a habitation for human beings, and any church, school house,

railway station or other building or place where people are accustomed

to live, work or assemble, but does not mean or include any of the

buildings of a manufacturing plant where the business of manufacturing

explosives is carried on.

5. "Explosives factory" means any building or other structure in which

the manufacture of explosives or any part of the manufacture thereof is

carried on.

6. "Magazine" means any building or other structure, other than an

explosives factory, used to store explosives.

7. "Efficient barricade" means natural features of the ground, a dense

woods, an artificial mound or a properly revetted wall of earth not less

than three feet thick at the top, spaced at least three feet at the

bottom from any explosives factory or magazine, the height of which is

such that any straight line drawn from the top of any side wall of the

explosives factory or magazine to the top of a building or to a point

twelve feet above the center of a railroad or highway to be protected

will pass through such intervening barricade.

8. "Person" includes any natural person, partnership, association or

corporation.

9. "Manufacturer" means any person who is engaged in the manufacture

or production of explosives.

10. "Dealer" means any person engaged in the business of buying and

selling explosives.

11. "Pyrotechnics" means any combustible or explosive compositions of

manufactured articles designed and prepared for the purpose of producing

audible or visible effects that are commonly referred to as fireworks.