Subchapter B. POWDER-ACTUATED TOOLS

§ 29.41. Definitions.

 Any person who violates any of the provisions of this subchapter or any regulations of the Department or who interferes with the Department or its duly authorized representative in the enforcement of this subchapter or regulations shall be subject to summary proceedings before an alderman, magistrate or district justice, and upon conviction shall be penalized under (P. L. 654, No. 174) (43 P. S. §  25-15).

GENERAL REQUIREMENTS

§ 29.51. Approval of equipment.

 (a)  No powder-actuated tool shall be operated or used within this Commonwealth unless it meets the following requirements:

   (1)  The tool, including protective shield and all other accessories is of an approved type.

   (2)  It shall be inspected as required by this subchapter.

   (3)  Its storage, handling, and use shall meet all of the requirements and conform to the provisions of this Subchapter.

 (b)  No person shall use or cause or permit such tool to be used within this Commonwealth except in strict compliance with this subchapter.

 In order to secure approval of tools, the applicant shall do the following:

   (1)  Apply for approval in writing and give a full description of the operation of the tool.

   (2)  Send a complete set of specifications of the tool for which approval is requested.

   (3)  Send a sketch or drawing showing the details of construction.

   (4)  When advised by the Department, the tool shall be presented for inspection and test.

   (5)  Test reports performed by nationally recognized testing agencies shall accompany applications for approval. Such test reports shall indicate compliance with applicable requirements as contained in this Subchapter.

 (a)  Only persons who have been trained in the use of powder-actuated tools and who hold a current powder-actuated tool operator’s license, issued in this Commonwealth for at least 60 days, qualify for permission to undergo an examination for an instructor’s license. Instructors licensed by the Board shall be issued operators’ cards. All instructors shall be at least 21 years of age.

 (b)  The purpose of the instructor’s card is to certify that the instructor has been duly authorized by the Board to issue operator’s card. The instructor’s card shall be of wallet size (approximately 2 1/2 inches by 3 1/2 inches). The face of the card shall include the following text:

 (c)  Examinations for authorized instructors shall be given by the Department under the supervision of the advisory board. Examinations are given separately for each tool. If, in the opinion of the advisory board, the applicant fails his examination to qualify as an instructor in a particular tool, he shall be eligible to apply for reexamination within 30 days; if the applicant fails his reexamination to qualify as an instructor in a particular tool, he shall not be eligible for reexamination in that particular tool for a period of one year.

 (d)  To qualify as an instructor, an applicant shall be at least 21 years of age. He shall be able to disassemble (field strip) and reassemble the tool correctly, demonstrate ability to use the tool safely under varying conditions, and be able to properly clean and maintain the tool in accordance with the operating instruction of the manufacturer. The applicant shall bring with him one of each model tool for demonstration.

 (a)  No person shall operate or be asked or allowed to operate any powder actuated tool within this Commonwealth unless he has been licensed by having issued to him an operator’s card, as provided in §  29.53 (relating to qualifications for instructors).

 (b)  Blank forms of applications for operator’s cards may be obtained from the Board.

 (c)  All completed applications for operator’s cards shall be submitted to the Board and shall include the signature of the instructor and identification number. Under no circumstances shall a rubber stamp be used as a signature.

 (d)  To qualify as an operator, an applicant shall be at least 21 years of age. He shall be able to disassemble (field strip) and reassemble the tool correctly, demonstrate ability to use the tool safely under varying conditions, and be able to properly clean and maintain the tool in accordance with the operating instruction of the manufacturer.

 (e)  Only persons considered to have good judgment and a familiarity with safe work practices and procedures shall be selected as operators. Competency shall be substantiated by a written examination prior to issuance of an operator’s card.

 (f)  When the authorized instructor is satisfied that the applicant for an operator’s card has had a minimum of 100 hours of experience in powder-actuated tools prior to examination, he may be given an oral examination in lieu of a written examination. When the written examination is waived because of this past experience, the authorized instructor shall note that fact on the copy of the operator’s card filed with the Board.

 (g)  The application of the operator shall be filed by an authorized instructor and identified by the ID number of the instructor. Such application shall be filed with the Board by the authorized instructor within four days of the date of issuance.

 (h)  The purpose of the operator’s card shall be to certify that the operator has completed the required training and is licensed as a qualified operator. The card shall be of a size (approximately 2 1/2 inches by 3 1/2 inches) which may readily fit into a wallet.

 (i)  The face of the card shall include the following text:

 (j)  The signature of the operator in the designated space shall follow a statement on the card reading as follows:

  I have received instruction in the safe operation of powder-actuated tools of the makes and models specified, and I agree to conform to the rules and regulations governing their use.

 (k)  Trainees, may obtain special permits from any authorized instructor or from the Department, under rules approved by the Board, but such trainees shall not operate powder-actuated tools except under the direct supervision of a qualified operator. Trainees shall be at least 18 years of age.

 (l)  Operators and trainees shall keep their operator’s cards or permits in their personal possession at all times when at work, and produce and display such card upon request of any authorized person properly on the job site where a powder-actuated tool is being used.

 (m)  Operator’s cards and trainee’s permits may be suspended or revoked by the Department for failure to comply with any or all of the regulations or rules governing operation of powder-actuated tools.

 (a)  Protective shield. Powder-actuated tools shall not be used without an approved protective shield or muzzle attachment appropriate for the particular tool and designed to confine flying particles and minimize the possibility of ricocheting of studs, pins, or fragmentation. Only those tools shall be used which cannot be fired without the protective shield, muzzle attachment, or guard in proper place.

 (b)  Special protective shield. When a standard shield or guard cannot be used, or when it does not cover all apparent avenues through which flying particles might escape, a special approved shield or guard fixture of the jig, designed and built by the manufacturer of the tool being used to provide this degree of protection, shall be used as a substitute.

 (c)  Cartridge container. Cartridges of varied charges or force shall be kept separate from each other, and all cartridges shall be kept in original packages completely separated from other contents of the container.

 (d)  Misfired cartridges. Misfired cartridges shall be kept in a separate container immersed in oil or water. They shall be removed from the job site and disposed of each day.

 (e)  Tool position. The tool shall be perpendicular to the material being penetrated at the time of firing, except when protected in accordance with subsections (a) and (b).

 (f)  Type of materials. Projectiles, pins, studs or fasteners shall not be driven into very hard or brittle material including, but not limited to, cast iron, glazed tile, hardened steel, glass block, live rock, fire brick, or hollow tile. Easily pierced material or materials of unknown resistance to piercing shall be backed by a substance that prevents the projectile, stud, pin, or fastener from passing completely through to the other side. No fastening shall be attempted into a spalled area caused by an unsatisfactory fastening.

 (g)  Tool handling. When loading, tools shall be handled in a similar manner to the handling of firearms. Hands should be clear of the open barrel end pointed away from workers and other persons at all times. No unattended tool shall be allowed to remain loaded when not in actual use. No tool shall be loaded unless being prepared for immediate use and, while loaded, such tool shall be kept under the immediate and direct control of the operator.

 (h)  Alignment guide. Pins or studs shall not be driven through existing holes, unless a protective guide is used to secure accurate alignment.

 (i)  Inspection. Before using a tool the operator shall inspect it to determine that it is clean, that all moving parts operate freely and that the barrel is free from obstruction. The breech plug, barrel and its receptacle shall be examined after each firing to locate and remove any foreign material such as pieces of projectile, pins, fastener, stud, flang, cartridge or other fragmentation.

 (j)  Explosive charge. The projectile, pin, stud, fastener, charge and breech plug, shall be prescribed by the manufacturer of the tool for the work to be done and in no event shall the power be such that the projectile, pin, stud, or fastener penetration is beyond that which is prescribed by the manufacturer for the particular job.

 (k)  Explosive atmosphere. Powder-actuated tools shall not be used in an explosive or flammable atmosphere.

 (l)  Protection. Qualified operators and assistants using powder-actuated tools shall be provided with and shall wear approved-type eye protection while using such tools as well as approved head protection when there are obvious hazards from falling objects.

 (m)  Maintenance. Each tool shall be inspected, cleaned, and stored in a safe place with the barrel removed, whenever practical, after each day of use. Immediately upon discovery of any defect in a tool, whether caused by excessive wear or otherwise, the tool shall be removed from service and may not again be used until it has been examined, repaired and approved by a competent representative of the manufacturer. An accurate record of each inspection shall be entered in a report book. The book shall always be kept available for inspection by the duly authorized representative of the Department.

 (n)  Warning sign. A sign, at least 8 inches by 11 inches using bold faced type no less than 1 inch in height, shall be posted in plain sight of all construction projects where the tools are used at all points of access and within a distance of no less than 50 feet, the sign to read ‘‘Warning—Powder-actuated tools in use within 50 feet.’’ Manufacturers of flip-open type powder-actuated fastener tools shall prepare appropriate warning stickers of the self-adhering type no less than 3 inches by 4 inches. The warning sticker shall conform with the following illustration:

 (o)  Warning requirements. Each manufacturer may, at his option, substitute a tool resembling his model in place of the model tool drawn into the illustration of subsection (n). The manufacturer shall permit no variances from this warning. The warning stickers shall be placed on the tool box in a conspicuous place inside or outside the box and inserted on all instruction books and service manuals. A question shall be added to the examination of the instructor referring to this requirement. Licensed instructors shall enforce this provision and apprise the training operator of the requirements of this section when demonstrating the tool.

 (p)  Use of projectiles. Tools shall not be used to fire pins, studs, fasteners, or other projectiles for any purpose except as the objects are specifically designed and specified by the manufacturer.

 (q)  Misfire. If a misfire occurs, the operator shall continue to hold the muzzle of the tool against the work in operating position for not less than 30 seconds, and while holding the tool in such position, the operator shall remove the power load. Misfired cartridges or cartridges which fail to explode shall be deposited in a special container for such purpose in accordance with subsection (d) and no attempt shall be made to explode or in any manner use any such cartridge or cartridges.

 (r)  Testing. Each powder-actuated tool shall be tested each day before loading to see that safety devices are in proper working condition. The tests shall be made only by a holder of a qualified operator’s license. Tools found with defective parts shall be removed from service immediately and shall not again be used until proper repairs have been completed after following the procedure outlined in subsection (t).

 (s)  Distance. Studs or pins shall not be fired into materials such as brick or concrete, closer than 3 inches from the unsupported edge or corner or into steel surfaces closer than 1/2 inch from the unsupported edge or corner. Tools shall not be operated when their safety devices are ineffective.

 (t)  Wear. Each powder-actuated tool shall be completely dismantled periodically, depending on the type of service and recommendations of the manufacturer. At such times it shall be carefully inspected for wear and the proper operation of all safety devices. If any worn parts are discovered the tool shall be removed from service immediately and shall not be used again until it has been examined, repaired, with worn parts replaced, and approved for use by a duly authorized and qualified representative of the manufacturer of the particular tool. An accurate record of each inspection shall be made, dated, and signed by the employer and a copy forwarded to the Department.

 (u)  Carrying devices. Carrying devices worn by the operator for powder actuated tools may only be used within 50 feet of the immediate fastening being made.

   The provisions of this §  29.55 amended October 28, 1970, 1 Pa.B. 824.

 (a)  Box. A metal box or enclosure used exclusively for the powder-actuated tool shall be provided. It shall be equipped with a lid or cover that shall normally be kept closed and latched. The words ‘‘explosive tool’’ shall appear in plain sight on the box.

 (b)  Cartridges. Cartridges of varied charges or force shall be kept separate from each other. Cartridges shall be stored in original packages in the container prescribed by §  29.55(c) (relating to safety precautions).

 (c)  Safe storage. Powder-actuated tools shall be inspected, cleaned, deposited and locked in a box or container having its own lock and key, and stored in a safe place after each day of service. No tool shall be stored loaded. Tools shall be stored with barrel removed or breech open. No person shall hold a key to the box or container in which the tool is deposited except a qualified licensed operator or owner.

MANUFACTURERS, SALES AND RENTAL AGENTS

§ 29.61. Registration.

 (a)  Owners or lessors possessing powder-actuated tools for use within this Commonwealth shall report such ownership or possession to the office of the Board of the Department. The report shall include the name of the manufacturer, the model and serial number of the tool and the date of its receipt by such owner or lessee. A shipper of any powder-actuated tool to a destination within this Commonwealth, may make such report on behalf of the recipient of the tool.

 (b)  Whenever the ownership of a tool is changed, it shall be the responsibility of the seller to notify the Board.

 (c)  Information on the safe use, testing and maintenance of each type of tool shall be contained in each powder-actuated tool kit. The recommendations shall be complete and lucid. The kit shall also be provided with necessary accessories and special tools for proper cleaning of the powder-actuated tool. The information, accessories and special tools provided for by this section shall accompany the powder-actuated tool in any transfer or sale of such tools from one user to another.

 (d)  The registration form shall be of a post card size, 3 1/4 by 5 1/2 inches, as follows:

 (a)  A standard means of identifying the strengths of powerload charges contained in various cartridges to be used in tools shall be used as provided in this section.

 (b)  The powerload strength shall be described by load numbers ranging from one to 12, with the strengths increasing in steps as the load numbers increase.

 (c)  Color identification as provided in this section shall be placed on the cartridge or wadding of each powerload. The cartridge case color for load numbers one through six shall be brass and the cartridge case color load numbers seven through 12 shall be nickel.

 (d)  The load color in combination with the cartridge case color shall identify each powerload strength as shown below:

COLOR IDENTIFICATION

	Cartridges
Load Number	Color Case	Load Color
1	Brass	Gray
2	Brass	Brown
3	Brass	Green
4	Brass	Yellow
5	Brass	Red
6	Brass	Purple
7	Nickel	Gray
8	Nickel	Brown
9	Nickel	Green
10	Nickel	Yellow
11	Nickel	Red
12	Nickel	Purple

 (e)  When means other than the size of the charge in powerload charges are used to control the penetration, an identification method acceptable to the Department shall be employed.

 (f)  Separate containers shall be used for different strength powerloads. At least one panel of each such container shall be clearly marked with a powerload dial to be not less than 1 3/8 inch in diameter. This powerload dial shall display the load number with a properly located pointer on the appropriate color background in accordance with subsection (d). In addition, the powerload caliber and identification of color in writing, such as, gray, brown or green, shall be clearly shown. The following is an example for cover container marking for number five powerloads (exact size recommended):

 Powder-actuated tools shall be provided with safety locks so designed that failure of any part of the tool or lock causes the tool to be in an inoperative position. The lock shall be designed to be manually set and not get into firing position through fall or other accidental occurrence.

 (a)  The firing mechanism shall be designed to prevent the tool from firing during loading or preparation to fire, or when the tool is dropped while loaded. Firing of the tool shall be dependent upon at least two separate and distinct operations of the operator, with the final firing movement being separate from the operation of bringing the tool into the firing position. The requirements of this section are in addition to those required by §  29.63 (relating to safety locks).

 (b)  The tool shall be so designed that it is not operable other than against a work surface and unless the operator is holding the tool against the work surface with a force of at least five pounds greater than the total weight of the tool.

 (c)  The tool shall be so designed that it does not operate when equipped with the standard guard indexed to the center position, if the bearing surface of the guard is tilted more than 8° from contact with the work surface.

 (a)  The tool shall be so designed that positive means of varying the power are available or may be made available to the operator as part of the tool, or as an auxiliary, in order to make it possible for the operator to select a power level adequate to perform the desired work without excessive force.

 Studs and pins used with powder-actuated tools shall be specifically designed for such use and shall be manufactured from a grade of metal which furnishes a maximum resistance to bending without being brittle.

LOW VELOCITY TOOLS

§ 29.68. Piston tool—low velocity type.

 (a)  Safety precautions. The muzzle end of the tool shall be so designed that suitable protective shields, guards, jigs or fixtures designed and built by the manufacturer of the tool being used, may be mounted perpendicular to the barrel.

 (b)  Approval of equipment. Powder-actuated piston tools of the low velocity type being considered tools of a special design not anticipated by this Subchapter are excepted from § §  29.55(a) and (b), and 29.65(a) and (b) (relating to safety precautions; and firing position).

EMPLOYERS

§ 29.81. Competency.

 (a)  Employers shall familiarize themselves with instructions of the manufacturer on the proper handling, operation, maintenance, inspection, and storage of all parts and appurtenances comprising a powder-actuated tool.

 (b)  The employer shall ascertain the competency of operators.

 (c)  Employers shall establish and maintain complete expert supervision over projects involving the use of powder actuated tools.

 (d)  Care shall be taken in the training of operators and in particular, checking the ability of an operator to distinguish identification of explosive charges.

EMPLOYES

§ 29.91. Responsibility.

 Employes holding operator’s or trainee’s licenses shall carry out all safety precautions within their responsibility under this subchapter. Failure to do so may result in revocation of licenses.