(1) The State Fire Marshal or his representative has authority to confiscate, place in storage, or dispose of explosive materials in any manner considered appropriate to insure the safety of the public when:

(a) explosive materials are found abandoned as provided in § 23-36-130.

Terms Used In South Carolina Code 23-36-110

  • Blaster: means a person who detonates or otherwise effects the explosion of an explosive material or who is in immediate personal charge and supervision of one or more persons who are not licensed to engage in such activity. See South Carolina Code 23-36-30
  • Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See South Carolina Code 23-36-30
  • Explosive: means any chemical compound, mixture, or device, the primary or intended common purpose of which is to function by explosion. See South Carolina Code 23-36-30
  • Explosive materials: means any explosive, blasting agent, water gel, detonator, or other item contained in the "List of Explosive Materials" published by the Bureau of Alcohol, Tobacco and Firearms (BATF). See South Carolina Code 23-36-30

(b) explosive materials are found stored illegally and present an immediate threat to the public safety as provided in § 23-36-120.

(c) explosive materials are used in illegal activities.

(d) explosive materials which are found to be unsafe or unstable.

(2) The revocation or suspension of a dealer‘s or blaster‘s license or permit shall result in the confiscation of the dealer’s or blaster’s explosive materials. These explosive materials will be stored pending the disposition of the action.

(3) All costs incurred in the confiscation or disposal of explosive materials as provided in this section are paid by the legal owner of the confiscated explosive materials.