Bill Text: MO HB2271 | 2010 | Regular Session | Introduced
Bill Title: Changes the laws regarding blasting
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Energy and Environment (H) [HB2271 Detail]
Download: Missouri-2010-HB2271-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES COOPER (Sponsor), POLLOCK AND WALLACE (Co-sponsors).
5072L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 319.306, 319.309, 319.315, 319.318, and 319.327, RSMo, and to enact in lieu thereof five new sections relating to blasting, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 319.306, 319.309, 319.315, 319.318, and 319.327, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 319.306, 319.309, 319.315, 319.318, and 319.327, to read as follows:
319.306. 1. Any individual who uses explosives in Missouri shall obtain a blaster's license, except those exempted in subsection 18 of this section. A person using explosives shall not be required to hold a blaster's license, but all blasting on behalf of a person using explosives shall be performed only by licensed blasters. Applications for a blaster's license or renewal of a blaster's license shall be on a form designated by the Missouri division of fire safety, and shall contain the following:
(1) The applicant's full name;
(2) The applicant's home address;
(3) The applicant's date of birth;
(4) The applicant's sex;
(5) The applicant's physical description;
(6) The applicant's driver's license number;
(7) The applicant's current place of employment;
(8) A listing of any other blasting license or certification held by the applicant, to include the name, address, and phone number of the regulatory authority that issued the license or certification;
(9) Any other information required to fulfill the obligations of sections 319.300 to 319.345.
2. Any individual who has met the qualifications set forth in subsection 4 of this section may apply for a blaster's license.
3. An applicant for a blaster's license shall submit an application fee and two copies of the applicant's photograph with the application submitted to the division of fire safety. The amount of such fee shall be established by rule promulgated by the division of fire safety. The fee established by rule shall be no greater than the cost of administering this section, but shall not exceed one hundred dollars.
4. An applicant for a blaster's license shall:
(1) Be at least twenty-one years of age;
(2) Not have willfully violated any provisions of sections 319.300 to 319.345;
(3) Not have knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive in connection with the application;
(4) Have familiarity and understanding of relevant federal and state laws relating to explosives materials;
(5) Not have been convicted in any court of, or pled guilty to, a felony;
(6) Not be a fugitive from justice;
(7) Not be an unlawful user of any controlled substance in violation of chapter 195, RSMo;
(8) Except as provided in subsections 11 and 13 of this section, have completed an approved blaster's training course that meets the requirements of subsection 14 of this section and [has] have successfully passed the licensing examination under the provisions of subdivisions (1) to (5) of subsection 15 of this section;
(9) Have accumulated at least one thousand hours of experience directly relating to the use of explosives within two years immediately prior to applying for a blaster's license and shall provide signed documentation from an employer, supervisor, or other responsible party verifying the applicant's experience;
(10) Not have been adjudicated as mentally defective; and
(11) Not advocate or knowingly belong to any organization or group that advocates violent action against any federal, state, or local government, or against any person.
5. Any individual holding a blaster's license under the provisions of this section shall promptly notify the division of fire safety if he or she has had any change of material fact relating to any qualification for holding a blaster's license.
6. If the division of fire safety finds that the requirements for a blaster's license have been satisfied, a license shall be issued to the applicant.
7. A blaster's license shall expire three years from the date of issuance. To qualify for a renewal of a blaster's license, an individual will be required to provide documentation of completing eight hours of training in an explosives-related course of instruction that is approved by the division of fire safety, at least half of which shall have been completed within the year prior to renewal. The remainder of such training for renewal of the license may be acquired at any time during the three-year period that a license is valid. Additional training beyond an accumulated eight hours during any three-year period is not valid for more than one subsequent renewal of the license.
8. Each license issued under the provisions of this section shall provide documentation to the license holder in the form of a letter or letter-sized certificate and a card that is approximately two inches by three inches in size. Each shall specify a unique license number, the name of the individual, his or her driver's license number, the individual's photograph, the blaster's license's effective date and its expiration date, and any other record-keeping information needed by the division of fire safety. In addition, the card form of the license shall contain a photographic image of the license holder.
9. Each individual required to have a blaster's license shall keep at least one form of license documentation on his or her person or at the site of blasting and shall provide documentation that he or she has a currently valid license to a representative of the division of fire safety upon a written or verbal request. No enforcement action shall be taken against any individual that cannot comply with such a request so long as the division of fire safety's records provide documentation that the individual has a valid blaster's license.
10. (1) A blaster's license issued under the provisions of this section may be suspended or revoked by the division of fire safety upon substantial proof that the individual holding the license has:
(a) Knowingly failed to monitor the use of explosives as provided in section 319.309;
(b) Negligently or habitually exceeded the limits established under section 319.312;
(c) Knowingly or habitually failed to create a record of blasts as required by section 319.315;
(d) Had a change in material fact relating to their qualifications for holding a blaster's license as described in subsection 4 of this section;
(e) Failed to advise the division of fire safety of any change of material fact relating to his or her qualifications for holding a blaster's license; [or]
(f) Knowingly made a material misrepresentation of any information by any means of false pretense, deception, fraud, misrepresentation, or cheating for the purpose of obtaining training or otherwise meeting the qualifications of obtaining a license; or
(g) Knowingly violated any rule promulgated under section 319.327.
(2) The division of fire safety shall provide any notice of suspension or revocation, as provided in subdivision (1) of this subsection, in writing, sent by certified mail to the last known address of the holder of the license.
The notice may also be verbal, but this does not eliminate the requirement for written notice. Upon receipt of a verbal or written notice of suspension or revocation from the division of fire safety, the individual holding the license shall immediately surrender all copies of the license to a representative of the division of fire safety and shall immediately cease all blasting activity.
(3) The individual holding the license may appeal any suspension or revocation to the state blasting safety board established under section 319.324 within forty-five days of the date written notice was received. The division of fire safety shall immediately notify the chairman of the board that an appeal has been received and a hearing before the board shall be held.
The board shall consider and make a decision on any appeal received by the division of fire safety within thirty days of the date the appeal is received by the division of fire safety. The board shall make a decision on the appeal by majority vote of the board and shall immediately notify the licensee of its decision in writing. The written statement of the board's decision shall be prepared by the division of fire safety or its designee and shall be approved by the chairman of the board. The approved statement of the board's decision shall be sent by certified mail to the last known address of the holder of the license.
11. Any individual whose license has been expired for a period of three years or less shall be required to successfully pass the examination as provided in subdivisions (1) to (5) of subsection 15 of this section and attend the eight hours of training required for renewal of a license as minimum qualifications for submitting an application for reinstatement of the license. Any individual whose license has been expired for a period of more than three years shall meet the qualifications set forth in subsection 4 of this section, including completing twenty hours of training and passing the examination, prior to applying for a blaster's license.
12. A license may be granted to applicants who [within the last three years have held] at the time of application, hold a valid license or certification from any other source if all of the qualifications for obtaining the license or certification meet or exceed the provisions of this section. It is the duty of the division of fire safety to investigate the qualifications required for obtaining a license or certification from any other source. Licenses or certification held prior to the effective date of the rule required by subsection 19 of this section shall be deemed to meet requirements for this subsection, provided that they meet requirements of the rule.
13. A license may be granted upon the application of an individual employed as a blaster on or before December 31, 2000, and who has accumulated one thousand hours of training or education pertaining to blasting and experience working for a specific person using explosives within two years immediately prior to applying for a license. The application shall include a statement of hours of experience in the form of an affidavit signed by the person using explosives who has employed or contracted with the blaster for the preceding two years. Such applicant also shall meet the requirement of subdivisions (1), (2), (3), (4), (5), (6), (7), (10), and (11) of subsection 4 of this section. Any individual granted a license under this subsection shall be limited to blasting performed for the person using explosives submitting the affidavit required by this subsection. Such licensee shall meet the requirements for continuing training required by subsection 7 of this section.
14. (1) The division of fire safety or its authorized agent shall offer annually at least two courses of instruction that fulfill the training requirement of qualifying for a blaster's license and two courses that fulfill the training requirement for renewal of a blaster's license. In addition, any person may apply to the division of fire safety for approval of a course of instruction that meets the training requirement of obtaining a blaster's license or renewal of a blaster's license. The application shall include a description of the qualifications of the instructor, a description of instructional materials to be used in the course, and an outline of the subject matter to be taught, including minimum hours of instruction on each topic. The division of fire safety shall review the application regarding the knowledge and experience of proposed instructors, the total hours of training and the adequacy of proposed training in subject matter with regard to the provisions of sections 319.300 to 319.345. If the division of fire safety determines that training proposed by the applicant is adequate, a letter of approval shall be issued to the applicant. The letter of approval shall be effective for a period of three years. If at any time the division of fire safety determines that an approved training course no longer meets the standards of this section, the letter of approval may be revoked with written notice. The division of fire safety or any person providing a course of instruction may charge an appropriate fee to recover the cost of conducting such instruction.
(2) To be approved by the division of fire safety, a blaster's training course shall contain at least twenty hours of instruction to prepare attendees for obtaining a blaster's license the first time, or eight hours of instruction to prepare attendees for obtaining a license renewal.
(3) Any person providing training in a course of instruction approved by the division of fire safety shall submit a list of individuals that attended any such course to the division of fire safety within ten business days after completion of the course.
(4) The division of fire safety shall maintain a current list of persons who provide approved training and shall make this list available by any reasonable means to professional and trade associations, labor organizations, universities, vocational schools, and others upon request. 15. (1) The division of fire safety shall approve a standard examination or examinations for the purpose of qualifying an individual to obtain a blaster's license. Each individual taking the examination shall pay a fee to the division of fire safety, or the division's agent, that is established by rule. Testing fees shall be no greater than what is required to administer the testing provisions of this section and shall not exceed fifty dollars per test.
(2) Except as provided in subsection 11 of this section, no individual shall be allowed to take an examination for purposes of obtaining a blaster's license unless that individual has completed a training course approved by the division of fire safety. The individual must have completed an approved course of instruction as provided in subdivision (1) of subsection 14 of this section no longer than two years prior to taking the examination. The examination may be administered by any person approved to provide a course of instruction, as provided in subdivision (1) of subsection 14 of this section, at the site of instruction, provided that any such examination may, at the discretion of the state fire marshal, be conducted under the supervision of the division of fire safety. The division of fire safety may also administer such examinations at other times and locations.
(3) Standards for passing the examination shall be set by the division of fire safety by rule.
(4) The division of fire safety or its authorized agent shall provide a written statement within thirty days to the individual taking the examination as to whether that individual passed or failed.
(5) Any individual failing to pass the examination may retake the examination within six months without having to complete an additional approved course of instruction. If the individual fails the second examination, the person must complete another course of instruction as required in subdivision (1) of subsection 14 of this section before taking the examination again. No limit will be placed on how many times any individual may take the examination, subject to the provisions of this subdivision .
(6) Individuals having previously taken an approved blaster's training course, and passed an approved examination, and having taken an approved blaster's renewal training course, or that have obtained a blaster's license as provided in subsections 12 and 13 of this section are eligible for renewal of a blaster's license after meeting the requirements of subsection 7 of this section. The fee for renewal of a license shall be the same as the fee specified in subsection 3 of this section.
16. No individual shall load or fire explosives or direct, order, or otherwise cause any individual to load or fire explosives in this state unless that individual has a valid blaster's license or is under the direct supervision and responsibility of an individual having a valid blaster's license. For purposes of this section, "direct supervision" means the supervisor is physically present on the same job site as the individual who is loading or firing explosives. An individual without a blaster's license who is loading or firing explosives while under the direct supervision and responsibility of someone having a blaster's license shall not be in violation of sections 319.300 to 319.345.
17. Persons found guilty of loading or firing explosives, or directing, ordering, or otherwise causing any individual to load or fire explosives in this state without having a valid blaster's license, or that loads and fires explosives without being under the direct supervision and responsibility of an individual holding a blaster's license as provided in sections 319.300 to 319.345, shall be guilty of a class B misdemeanor for the first offense or a class A misdemeanor for a second or subsequent offense. Any individual convicted of a class A misdemeanor under the provisions of sections 319.300 to 319.345 shall be permanently prohibited from obtaining a blaster's license in this state.
18. The requirement for obtaining a blaster's license shall not apply to:
(1) Individuals employed by universities, colleges, or trade schools when the use of explosives is confined to instruction or research;
(2) Individuals using explosive materials in the forms prescribed by the official U.S. Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;
(3) Individuals conducting training or emergency operations of any federal, state, or local government including all departments, agencies, and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;
(4) Individuals that are members of the armed forces or any military unit of Missouri or the United States who are using explosives while on official training exercises or who are on active duty;
(5) Individuals using pyrotechnics, commonly known as fireworks, including signaling devices such as flares, fuses, and torpedoes;
(6) Individuals using small arms ammunition and components thereof which are subject to the Gun Control Act of 1968, 18 U.S.C. Section 44, and regulations promulgated thereunder;
(7) Any individual performing duties in underground mines regulated by 30 CFR Part 48, Subpart A, 30 CFR Part 57, or performing duties in coal mining regulated by 30 CFR Part 75, and 30 CFR Part 77 of the Code of Federal Regulations, as amended, or using explosives within an industrial furnace;
(8) Any individual having a valid blaster's license or certificate issued under the provisions of any requirement of the U.S. government in which the requirements for obtaining the license or certificate meet or exceed the requirements of sections 319.300 to 319.345;
(9) Individuals using agricultural fertilizers when used for agricultural or horticultural purposes;
(10) Individuals handling explosives while in the act of transporting them from one location to another;
(11) Individuals assisting or training under the direct supervision of a licensed blaster;
(12) Individuals handling explosives while engaged in the process of explosives manufacturing;
(13) Employees, agents, or contractors of rural electric cooperatives organized or operating under chapter 394, RSMo; [and]
(14) Individuals discharging historic firearms and cannon or reproductions of historic firearms and cannon; and
(15) Individuals using explosive materials along with a well screen cleaning device for the purpose of unblocking clogged screens of agricultural irrigation wells.
19. The division of fire safety shall promulgate rules under this section to become effective no later than July 1, 2008. Any individual loading or firing explosives after the effective date of such rule shall obtain a license within one hundred eighty days of the effective date of such rule. Any experience or training prior to the effective date of such rule that meets the standards established by the rule shall be deemed to comply with this section.
319.309. 1. Any person using explosives in the state of Missouri shall calculate the scaled distance to the nearest uncontrolled structure. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for calculation of scaled distance.
2. For the purposes of this section, the term "uncontrolled structure" shall not apply to the following:
(1) Buildings in a state of disrepair or neglect which are not being used as a permanent residence;
(2) Noncommercial storage sheds;
(3) Temporary structures;
(4) Any unoccupied mobile recreational vehicle, trailer, or camper;
(5) Agricultural barns, storage sheds, and animal shelters;
(6) Any building on mine property that is owned by the mine operator or contained on property leased by the mine operator.
3. In any instance when the scaled distance value is fifty-five or less, any person using explosives, except as provided in section 319.321, shall use at least one seismograph calibrated to the manufacturer's standard for use to record the ground vibration and acoustic levels that occur from the use of such explosives or explosive materials. When measuring ground vibration and acoustic levels, the seismograph shall be placed in the proximity of the nearest uncontrolled structure or, at the option of the person using explosives, closer to the blast site. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for placement of the seismograph.
[4. Any person using explosives who is voluntarily using a seismograph calibrated to the manufacturer's standard for use for all blasting is exempt from the requirements of this section.]
319.315. 1. Seismograph recordings of the ground vibration and acoustic levels created by the use of explosives, when required by section 319.309, shall be retained for at least three years. Such recordings shall be made available to the division of fire safety within twenty-four hours of a request by any representative of the division of fire safety. Each seismograph recording and the accompanying records shall include the:
(1) Maximum ground vibration and acoustics levels recorded;
(2) Specific location of the seismograph equipment, its distance from the detonation of the explosives, the date of the recording, and the time of the recording;
(3) Name of the individual responsible for operation of the seismograph equipment and performing an analysis of each recording; and
(4) Type of seismograph instrument, its sensitivity and calibration signal or certification date of the last calibration.
2. [When seismograph recordings of the use of explosives are required by section 319.309, a record of each such use of explosives shall be made and retained for at least three years. The record shall be completed by the end of the business day following the day in which the explosives were detonated. Such records shall be made available to the division of fire safety, upon request, within twenty-four hours of the request. Each record shall include the:
(1) Name of the person using the explosives;
(2) Location, date, and time of the detonation;
(3) Name of the licensed blaster responsible for use of the explosives;
(4) Type of material blasted;
(5) Number of bore holes, burden, and spacing;
(6) Diameter and depth of bore holes;
(7) Type of explosives used;
(8) Weight of explosives used per bore hole and total weight of explosives used;
(9) Maximum weight of explosives detonated within any eight millisecond period;
(10) Maximum number of bore holes or decks detonated within any eight millisecond period;
(11) Initiation system, including number of circuits and the timer interval, if a sequential timer is used;
(12) Type and length of stemming;
(13) Type of detonator and delay periods used, in milliseconds;
(14) Sketch of delay pattern, including decking;
(15) Distance and scaled distance, if required under the provisions of 319.309, to the nearest uncontrolled structure;
(16) Location of the nearest uncontrolled structure, using the best available information. 3. If the type of blasting being recorded by a seismograph does not involve bore holes, then the record required in subsection 2 of this section shall contain the:
(1) Name of the person using the explosives;
(2) Location, date, and time of the detonation;
(3) Name of the licensed blaster responsible for use of the explosives;
(4) Type of material blasted;
(5) Type of explosives used;
(6) Weight of explosives used per shot and total weight of explosives used;
(7) Maximum weight of explosives detonated within any eight millisecond period;
(8) Initiation system, including number of circuits and the timer interval, if a sequential timer is used;
(9) Type of detonator and delay periods used, in milliseconds;
(10) Sketch of delay pattern;
(11) Distance and scaled distance, if required under the provisions of section 319.309, to the nearest uncontrolled structure;
(12) Location of the nearest uncontrolled structure, using the best available information.
4.] It shall be the duty of each licensed blaster and each person using explosives to assure that the requirements of this section are met. Any person using explosives shall provide properly calibrated seismographic equipment at the closest practical proximity to the nearest uncontrolled structure, or at the option of the person using explosives the seismograph equipment may be located nearer to the blast site on an approximate line between the nearest uncontrolled structure and the blast site. Licensed blasters shall create the record required in subsections 2 and 3 of [this] section 319.318 and provide such record to the person using explosives, who shall be responsible for maintaining records required in this section.
319.318. 1. Any person using explosives shall comply with the provisions of this section.
2. A record of each use of explosives shall be made and retained for at least three years. The record shall be completed by the end of the business day following the day in which the explosives were detonated. Such records shall be made available to the division of fire safety, upon request, within twenty-four hours of the request. Each record shall include the:
(1) Name of the person using the explosives;
(2) Location, date, and time of the detonation;
(3) Name of the licensed blaster responsible for use of the explosives;
(4) Type of material blasted;
(5) Number of bore holes, burden, and spacing;
(6) Diameter and depth of bore holes;
(7) Type of explosives used;
(8) Weight of explosives used per bore hole and total weight of explosives used;
(9) Maximum weight of explosives detonated within any eight millisecond period;
(10) Maximum number of bore holes or decks detonated within any eight millisecond period;
(11) Initiation system, including number of circuits and the timer interval, if a sequential timer is used;
(12) Type of stemming;
(13) Type of detonator and delay periods used, in milliseconds;
(14) Sketch of delay pattern, including decking;
(15) Distance and scaled distance, if required under the provisions of section 319.309, to the nearest uncontrolled structure;
(16) Location of the nearest uncontrolled structure, using the best available information.
3. If the type of blasting being conducted does not involve bore holes, then the record required in subsection 2 of this section shall contain the:
(1) Name of the person using the explosives;
(2) Location, date, and time of the detonation;
(3) Name of the licensed blaster responsible for use of the explosives;
(4) Type of material blasted;
(5) Type of explosives used;
(6) Weight of explosives used per shot and total weight of explosives used;
(7) Maximum weight of explosives detonated within any eight millisecond period;
(8) Initiation system, including number of circuits and the timer interval, if a sequential timer is used;
(9) Type of detonator and delay periods used, in milliseconds;
(10) Sketch of delay pattern;
(11) Distance and scaled distance, if required under the provisions of section 319.309 to the nearest uncontrolled structure;
(12) Location of the nearest uncontrolled structure, using the best available information.
4. Provisions of federal law and regulation regarding the manufacturing, transportation, distribution, and storage of explosives shall be enforced by the appropriate federal agency and shall not be subject to enforcement under sections 319.300 to 319.345.
[3.] 5. Within sixty days after August 28, 2007, each person using explosives or intending to use explosives in Missouri shall register with the division of fire safety. Any person using explosives who is not required to register [on the effective date] within sixty days after August 28, 2007, who subsequently uses explosives in Missouri shall register with the division of fire safety prior to first using explosives in Missouri. The initial registration shall state the name of the person, address, telephone number, facsimile number, e-mail address, and name of the principal individual having responsibility for supervision of the use of explosives. A fee of two hundred dollars shall be submitted with the initial registration.
[4.] 6. Each person using explosives that is required to register under subsection [3] 5 of this section shall by January thirty-first of each year after registering file an annual report with the division of fire safety for the preceding calendar year:
(1) The initial annual report shall only include that portion of the preceding calendar year after the date the person became subject to the requirement to register under subsection [3] 5 of this section;
(2) The report shall include:
(a) Any change or addition to the information required in subsection [3] 5 of this section;
(b) The name and address of the distributors from which explosives were purchased;
(c) The total number of pounds of explosives purchased for use in Missouri and the total number of pounds actually used in Missouri during the period covered by the report. Persons required to report annually shall maintain records sufficient to prove the accuracy of the information reported;
(3) The person using explosives shall submit with the annual report a fee per ton, as established under this section, based on the amount of explosives used in Missouri. If the report of total pounds used results in a portion of a ton, the cumulative total of the fee shall be rounded to the nearest ton. The fee shall be five hundred dollars plus one dollar and fifteen cents per ton of explosives used. The fee per ton authorized under this subdivision may be adjusted by rule provided the fee shall not exceed two dollars per ton. The state blasting safety board shall review the fee schedule on a biennial basis and approve or disapprove adjustments in fees by rule.
[5.] 7. (1) The division of fire safety may audit the records of any person using explosives required to report annually under subsection [4] 6 of this section to determine the accuracy of the number of pounds of explosives reported. In connection with such audit, the division of fire safety may also require any distributor of explosives to provide a statement of sales during the year to persons required to report under subsection [4] 6 of this section.
(2) It shall be a violation of sections 319.300 to 319.345 to fail to register or report as required by subsection [3] 5 of this section or knowingly report false information in the reports required under subsections [3] 5 and [4] 6 of this section. The state fire marshal may issue a notice of violation under section 319.333 for failure to register or report or for knowingly reporting false information in the reports required by subsections [3] 5 and [4] 6 of this section. The notice of violation shall be subject to the same procedures and rights of appeal as established in sections 319.324, 319.327, and 319.333.
(3) Any person who fails to register or report or who knowingly reports false information in the reports required under subsections [3] 5 and [4] 6 of this section shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense. Fees for use of explosives not reported shall also be paid.
[6.] 8. It shall be a violation of sections 319.300 to 319.345 for any person using explosives to:
(1) Engage in blasting other than by a licensed blaster or an individual working under the direct supervision of a licensed blaster;
(2) Fail to calculate the scaled distance, conduct monitoring of vibration and noise levels, and conduct record keeping as required by sections 319.300 to 319.345;
(3) Fail to carry a minimum of one million dollars in commercial general liability insurance covering lawful blasting.
[7.] 9. The state fire marshal may issue a notice of violation for any violation of subsection [6] 8 of this section which shall be subject to the same procedures and rights of appeal as established in sections 319.324, 319.327, and 319.333.
[8.] 10. A violation of subsection [6] 8 of this section shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense.
319.327. 1. It shall be the duty of the division of fire safety to:
(1) Develop and distribute all forms, certificates, and printed material necessary for carrying out duties relating to applications, registrations, training, testing, and licensing required by sections 319.300 to 319.345;
(2) Publish, distribute, and administer an examination that tests the knowledge of applicants for a blaster's license in the safe and proper use of explosives. The examination may be given to applicants by representatives of the division of fire safety, by persons approved by the division of fire safety to provide training under section 319.306, or by other persons designated by the division of fire safety;
(3) Upon approval by majority vote of the state blasting safety board, promulgate any rule necessary for carrying out the purposes of sections 319.300 to 319.345. No rule promulgated by the state fire marshal shall [duplicate,] amend, supersede, or conflict with the provisions of any statute, regulation, or policy established by:
(a) The U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives;
(b) Chapter 40 of Title 18 of the United States Code, as amended;
(c) The U.S. Department of Transportation;
(d) The federal Mine Safety and Health Administration; or
(e) The federal Occupational Safety and Health Administration;
(4) Investigate possible violations of sections 319.300 to 319.345 upon the complaint of any citizen that believes explosives are being used in such a way to endanger the public's safety or property, or upon any cause for the state fire marshal to believe that a violation is occurring. To conduct such investigations, the state fire marshal shall assign adequately trained personnel within the division of fire safety to inspect blasting sites, examine records and seismograph recordings, inspect blaster's licenses, inspect registration and reporting records required by section 319.315, or determine if any other provision of sections 319.300 to 319.345 has been violated. Such inspectors shall be employees of the division of fire safety and may act on a full-time or part-time basis. Any such inspector shall meet the requirements of section 319.306 for being licensed as a blaster in the state of Missouri;
(5) Receive and provide information and assistance, in cooperation with local governments, federal agencies, and agencies of other states, in administration and enforcement of sections 319.300 to 319.345 and similar laws, regulations, and requirements in other jurisdictions.
2. The division of fire safety may enforce any provision of sections 319.300 to 319.345 by referral of violations to the attorney general or a prosecuting attorney and may seek criminal penalties, civil penalties, and may seek injunctive relief as authorized by sections 319.300 to 319.345. Any violation of sections 319.300 to 319.345, other than loading or firing explosives in violation of subsection 16 of section 319.306 which shall be subject to penalties under such section, shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense. For any matter upon which a hearing is held under subdivision (3) of subsection 7 of section 319.324, any referral of a notice of violation or request for enforcement action shall be made by the state fire marshal to the attorney general or a prosecuting attorney, only upon a majority vote by the board.
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