319.306. Blaster's license required, when--application, contents--fee--qualifications--expiration--documentation required--training required--rulemaking authority.

MISSOURI STATUTES AND CODES

319.306. Blaster's license required, when--application, contents--fee--qualifications--expiration--documentation required--training required--rulemaking authority.

Blaster's license required, when--application,contents--fee--qualifications--expiration--documentationrequired--training required--rulemaking authority.

319.306. 1. Any individual who uses explosives in Missouri shall obtaina 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 performedonly by licensed blasters. Applications for a blaster's license or renewal ofa blaster's license shall be on a form designated by the Missouri division offire 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 theapplicant, to include the name, address, and phone number of the regulatoryauthority that issued the license or certification;

(9) Any other information required to fulfill the obligations ofsections 319.300 to 319.345.

2. Any individual who has met the qualifications set forth in subsection4 of this section may apply for a blaster's license.

3. An applicant for a blaster's license shall submit an application feeand two copies of the applicant's photograph with the application submitted tothe division of fire safety. The amount of such fee shall be established byrule promulgated by the division of fire safety. The fee established by ruleshall be no greater than the cost of administering this section, but shall notexceed 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 to319.345;

(3) Not have knowingly withheld information or has not made any false orfictitious statement intended or likely to deceive in connection with theapplication;

(4) Have familiarity and understanding of relevant federal and statelaws relating to explosives materials;

(5) Not have been convicted in any court of, or pled guilty to, afelony;

(6) Not be a fugitive from justice;

(7) Not be an unlawful user of any controlled substance in violation ofchapter 195, RSMo;

(8) Except as provided in subsections 11 and 13 of this section, havecompleted an approved blaster's training course that meets the requirements ofsubsection 14 of this section and has successfully passed the licensingexamination under the provisions of subdivisions (1) to (5) of subsection 15of this section;

(9) Have accumulated at least one thousand hours of experience directlyrelating to the use of explosives within two years immediately prior toapplying for a blaster's license and shall provide signed documentation froman employer, supervisor, or other responsible party verifying the applicant'sexperience;

(10) Not have been adjudicated as mentally defective; and

(11) Not advocate or knowingly belong to any organization or group thatadvocates violent action against any federal, state, or local government, oragainst any person.

5. Any individual holding a blaster's license under the provisions ofthis section shall promptly notify the division of fire safety if he or shehas had any change of material fact relating to any qualification for holdinga blaster's license.

6. If the division of fire safety finds that the requirements for ablaster's license have been satisfied, a license shall be issued to theapplicant.

7. A blaster's license shall expire three years from the date ofissuance. To qualify for a renewal of a blaster's license, an individual willbe required to provide documentation of completing eight hours of training inan explosives-related course of instruction that is approved by the divisionof fire safety, at least half of which shall have been completed within theyear prior to renewal. The remainder of such training for renewal of thelicense may be acquired at any time during the three-year period that alicense is valid. Additional training beyond an accumulated eight hoursduring any three-year period is not valid for more than one subsequent renewalof the license.

8. Each license issued under the provisions of this section shallprovide documentation to the license holder in the form of a letter orletter-sized certificate and a card that is approximately two inches by threeinches in size. Each shall specify a unique license number, the name of theindividual, his or her driver's license number, the individual's photograph,the blaster's license's effective date and its expiration date, and any otherrecord-keeping information needed by the division of fire safety. Inaddition, the card form of the license shall contain a photographic image ofthe license holder.

9. Each individual required to have a blaster's license shall keep atleast one form of license documentation on his or her person or at the site ofblasting and shall provide documentation that he or she has a currently validlicense to a representative of the division of fire safety upon a written orverbal request. No enforcement action shall be taken against any individualthat cannot comply with such a request so long as the division of firesafety's records provide documentation that the individual has a validblaster's license.

10. (1) A blaster's license issued under the provisions of this sectionmay be suspended or revoked by the division of fire safety upon substantialproof that the individual holding the license has:

(a) Knowingly failed to monitor the use of explosives as provided insection 319.309;

(b) Negligently or habitually exceeded the limits established undersection 319.312;

(d) Had a change in material fact relating to their qualifications forholding a blaster's license as described in subsection 4 of this section;

(e) Failed to advise the division of fire safety of any change ofmaterial fact relating to his or her qualifications for holding a blaster'slicense; or

(f) Knowingly made a material misrepresentation of any information byany means of false pretense, deception, fraud, misrepresentation, or cheatingfor the purpose of obtaining training or otherwise meeting the qualificationsof obtaining a license.

(2) The division of fire safety shall provide any notice of suspensionor 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 requirementfor written notice. Upon receipt of a verbal or written notice of suspensionor revocation from the division of fire safety, the individual holding thelicense shall immediately surrender all copies of the license to arepresentative of the division of fire safety and shall immediately cease allblasting activity.

(3) The individual holding the license may appeal any suspension orrevocation to the state blasting safety board established under section319.324 within forty-five days of the date written notice was received. Thedivision of fire safety shall immediately notify the chairman of the boardthat 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 thedivision of fire safety within thirty days of the date the appeal is receivedby the division of fire safety. The board shall make a decision on the appealby majority vote of the board and shall immediately notify the licensee of itsdecision in writing. The written statement of the board's decision shall beprepared by the division of fire safety or its designee and shall be approvedby the chairman of the board. The approved statement of the board's decisionshall be sent by certified mail to the last known address of the holder of thelicense.

11. Any individual whose license has been expired for a period of threeyears or less shall be required to successfully pass the examination asprovided in subdivisions (1) to (5) of subsection 15 of this section andattend the eight hours of training required for renewal of a license asminimum qualifications for submitting an application for reinstatement of thelicense. Any individual whose license has been expired for a period of morethan three years shall meet the qualifications set forth in subsection 4 ofthis section, including completing twenty hours of training and passing theexamination, prior to applying for a blaster's license.

12. A license may be granted to applicants who within the last threeyears have held a valid license or certification from any other source if allof the qualifications for obtaining the license or certification meet orexceed the provisions of this section. It is the duty of the division of firesafety to investigate the qualifications required for obtaining a license orcertification from any other source. Licenses or certification held prior tothe effective date of the rule required by subsection 19 of this section shallbe deemed to meet requirements for this subsection, provided that they meetrequirements of the rule.

13. A license may be granted upon the application of an individualemployed as a blaster on or before December 31, 2000, and who has accumulatedone thousand hours of training or education pertaining to blasting andexperience working for a specific person using explosives within two yearsimmediately prior to applying for a license. The application shall include astatement of hours of experience in the form of an affidavit signed by theperson using explosives who has employed or contracted with the blaster forthe preceding two years. Such applicant also shall meet the requirement ofsubdivisions (1), (2), (3), (4), (5), (6), (7), (10), and (11) of subsection 4of this section. Any individual granted a license under this subsection shallbe limited to blasting performed for the person using explosives submittingthe affidavit required by this subsection. Such licensee shall meet therequirements for continuing training required by subsection 7 of this section.

14. (1) The division of fire safety or its authorized agent shall offerannually at least two courses of instruction that fulfill the trainingrequirement of qualifying for a blaster's license and two courses that fulfillthe training requirement for renewal of a blaster's license. In addition, anyperson may apply to the division of fire safety for approval of a course ofinstruction that meets the training requirement of obtaining a blaster'slicense or renewal of a blaster's license. The application shall include adescription of the qualifications of the instructor, a description ofinstructional materials to be used in the course, and an outline of thesubject matter to be taught, including minimum hours of instruction on eachtopic. The division of fire safety shall review the application regarding theknowledge and experience of proposed instructors, the total hours of trainingand the adequacy of proposed training in subject matter with regard to theprovisions of sections 319.300 to 319.345. If the division of fire safetydetermines that training proposed by the applicant is adequate, a letter ofapproval shall be issued to the applicant. The letter of approval shall beeffective for a period of three years. If at any time the division of firesafety determines that an approved training course no longer meets thestandards of this section, the letter of approval may be revoked with writtennotice. The division of fire safety or any person providing a course ofinstruction may charge an appropriate fee to recover the cost of conductingsuch instruction.

(2) To be approved by the division of fire safety, a blaster's trainingcourse shall contain at least twenty hours of instruction to prepare attendeesfor obtaining a blaster's license the first time, or eight hours ofinstruction to prepare attendees for obtaining a license renewal.

(3) Any person providing training in a course of instruction approved bythe division of fire safety shall submit a list of individuals that attendedany such course to the division of fire safety within ten business days aftercompletion of the course.

(4) The division of fire safety shall maintain a current list of personswho provide approved training and shall make this list available by anyreasonable 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 standardexamination or examinations for the purpose of qualifying an individual toobtain a blaster's license. Each individual taking the examination shall paya fee to the division of fire safety, or the division's agent, that isestablished by rule. Testing fees shall be no greater than what is requiredto administer the testing provisions of this section and shall not exceedfifty dollars per test.

(2) Except as provided in subsection 11 of this section, no individualshall be allowed to take an examination for purposes of obtaining a blaster'slicense unless that individual has completed a training course approved by thedivision of fire safety. The individual must have completed an approvedcourse of instruction as provided in subdivision (1) of subsection 14 of thissection no longer than two years prior to taking the examination. Theexamination may be administered by any person approved to provide a course ofinstruction, as provided in subdivision (1) of subsection 14 of this section,at the site of instruction, provided that any such examination may, at thediscretion of the state fire marshal, be conducted under the supervision ofthe division of fire safety. The division of fire safety may also administersuch examinations at other times and locations.

(3) Standards for passing the examination shall be set by the divisionof fire safety by rule.

(4) The division of fire safety or its authorized agent shall provide awritten statement within thirty days to the individual taking the examinationas to whether that individual passed or failed.

(5) Any individual failing to pass the examination may retake theexamination within six months without having to complete an additionalapproved course of instruction. If the individual fails the secondexamination, the person must complete another course of instruction asrequired in subdivision (1) of subsection 14 of this section before taking theexamination again. No limit will be placed on how many times any individualmay take the examination, subject to the provisions of this subdivision *.

(6) Individuals having previously taken an approved blaster's trainingcourse, and passed an approved examination, and having taken an approvedblaster's renewal training course, or that have obtained a blaster's licenseas provided in subsections 12 and 13 of this section are eligible for renewalof a blaster's license after meeting the requirements of subsection 7 of thissection. The fee for renewal of a license shall be the same as the feespecified in subsection 3 of this section.

16. No individual shall load or fire explosives or direct, order, orotherwise cause any individual to load or fire explosives in this state unlessthat individual has a valid blaster's license or is under the directsupervision and responsibility of an individual having a valid blaster'slicense. For purposes of this section, "direct supervision" means thesupervisor is physically present on the same job site as the individual who isloading or firing explosives. An individual without a blaster's license whois loading or firing explosives while under the direct supervision andresponsibility of someone having a blaster's license shall not be in violationof 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 inthis state without having a valid blaster's license, or that loads and firesexplosives without being under the direct supervision and responsibility of anindividual holding a blaster's license as provided in sections 319.300 to319.345, shall be guilty of a class B misdemeanor for the first offense or aclass A misdemeanor for a second or subsequent offense. Any individualconvicted of a class A misdemeanor under the provisions of sections 319.300 to319.345 shall be permanently prohibited from obtaining a blaster's license inthis state.

18. The requirement for obtaining a blaster's license shall not applyto:

(1) Individuals employed by universities, colleges, or trade schoolswhen the use of explosives is confined to instruction or research;

(2) Individuals using explosive materials in the forms prescribed by theofficial U.S. Pharmacopoeia or the National Formulary and used in medicinesand medicinal agents;

(3) Individuals conducting training or emergency operations of anyfederal, state, or local government including all departments, agencies, anddivisions thereof, provided they are acting in their official capacity and inthe proper performance of their duties or functions;

(4) Individuals that are members of the armed forces or any militaryunit of Missouri or the United States who are using explosives while onofficial 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 whichare subject to the Gun Control Act of 1968, 18 U.S.C. Section 44, andregulations promulgated thereunder;

(7) Any individual performing duties in underground mines regulated by30 CFR Part 48, Subpart A, 30 CFR Part 57, or performing duties in coal miningregulated by 30 CFR Part 75, and 30 CFR Part 77 of the Code of FederalRegulations, as amended, or using explosives within an industrial furnace;

(8) Any individual having a valid blaster's license or certificateissued under the provisions of any requirement of the U.S. government in whichthe requirements for obtaining the license or certificate meet or exceed therequirements of sections 319.300 to 319.345;

(9) Individuals using agricultural fertilizers when used foragricultural or horticultural purposes;

(10) Individuals handling explosives while in the act of transportingthem from one location to another;

(11) Individuals assisting or training under the direct supervision of alicensed blaster;

(12) Individuals handling explosives while engaged in the process ofexplosives manufacturing;

(13) Employees, agents, or contractors of rural electric cooperativesorganized or operating under chapter 394, RSMo; and

(14) Individuals discharging historic firearms and cannon orreproductions of historic firearms and cannon.

19. The division of fire safety shall promulgate rules under thissection to become effective no later than July 1, 2008. Any individualloading or firing explosives after the effective date of such rule shallobtain a license within one hundred eighty days of the effective date of suchrule. Any experience or training prior to the effective date of such rulethat meets the standards established by the rule shall be deemed to complywith this section.