319.309. Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required. - Missouri Statutes

Explosives, use of, calculation of scaled distance to nearestuncontrolled structure required.

319.309. 1. Any person using explosives in the state of Missourishall calculate the scaled distance to the nearest uncontrolled structure.If more than one uncontrolled structure is the same approximate distancefrom the blast site, then the person using explosives may select onerepresentative structure for calculation of scaled distance.

2. For the purposes of this section, the term "uncontrolledstructure" shall not apply to the following:

(1) Buildings in a state of disrepair or neglect which are not beingused 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 operatoror contained on property leased by the mine operator.

3. In any instance when the scaled distance value is fifty-five orless, any person using explosives, except as provided in section 319.321,shall use at least one seismograph calibrated to the manufacturer'sstandard for use to record the ground vibration and acoustic levels thatoccur from the use of such explosives or explosive materials. Whenmeasuring ground vibration and acoustic levels, the seismograph shall beplaced in the proximity of the nearest uncontrolled structure or, at theoption of the person using explosives, closer to the blast site. If morethan one uncontrolled structure is the same approximate distance from theblast site, then the person using explosives may select one representativestructure for placement of the seismograph.

4. Any person using explosives who is voluntarily using a seismographcalibrated to the manufacturer's standard for use for all blasting isexempt from the requirements of this section.

(L. 2007 H.B. 298)