319.324. State blasting safety board created, members, terms, officers, meetings, duties. - Missouri Statutes

State blasting safety board created, members, terms, officers,meetings, duties.

319.324. 1. The "State Blasting Safety Board" is hereby created andassigned to the division of fire safety under the state fire marshal.There shall be seven members of this board, as appointed by the governor,with the advice and consent of the senate, to be comprised of:

(1) One representative of a municipality or county governed bysections 319.300 to 319.345 who serves in the capacity of director ofpublic works or a similar position;

(2) One representative of a person using explosives that is engagedin mining that is subject to the requirements of section 319.300 to319.345;

(3) One representative of a person using explosives that is engagedin construction;

(4) One person who is in the business of providing contract blastmonitoring services;

(5) Two persons who manufacture or distribute explosives; and

(6) The state fire marshal or his or her designee.

2. Each board member shall serve for a term of six years, except forthe members initially appointed one term shall be for one year, one termshall be for two years, one term shall be for three years, one term shallbe for four years, one term shall be for five years, and one term shall befor six years. Members appointed and serving shall serve until theirsuccessor is named and shall be eligible for reappointment. The state firemarshal or his or her designee shall be a standing member of the board andshall have the power to vote.

3. Members of the board shall serve without compensation but may bereimbursed by the division of fire safety for reasonable and necessaryexpenses. Meetings of the board shall be held in facilities arranged bythe division of fire safety. Hearings of the board may be held at alocation in Missouri agreed upon by the state fire marshal and the chairmanof the board. Upon agreement by the licensee, the state fire marshal, andthe chairman of the state blasting safety board, hearings may be conductedby conference call.

4. The board shall annually by January thirty-first elect a chairmanfrom one of the members other than the state fire marshal or his or herdesignee. The chairman shall be elected by majority vote of the board andshall preside over all meetings and hearings and perform any specificduties set out in sections 319.300 to 319.345.

5. The state fire marshal or his or her designee shall perform theduties of secretary of the board.

6. The board shall meet as needed at the call of the chairman or uponwritten notice by the state fire marshal. The board shall meet at leastonce each calendar year.

7. It shall be the duty of the board to:

(1) Advise the state fire marshal in the development of applicationand registration forms, training and examinations, and setting fees for thefiling of required applications, registrations, and reports;

(2) Approve or disapprove any examination for licensing of blasters;

(3) Hold hearings and make decisions by majority vote upon appealsunder subsection 10 of section 319.306 and upon notices of violation undersubsection 7 of section 319.318 or section 319.333;

(4) Approve or disapprove any rule proposed by the division of firesafety for the administration of sections 319.300 to 319.345;

(5) Advise or assist the division of fire safety in any other matterregarding administration or enforcement within the scope and requirementsof sections 319.300 to 319.345.

8. For any matter upon which a hearing is held under subdivision (3)of subsection 7 of this section, any referral of a notice of violation orrequest for criminal or civil enforcement action or injunctive relief shallbe made by the state fire marshal to the attorney general or a prosecutingattorney, only upon a majority vote by the board.

(L. 2007 H.B. 298)