319.327. Duties of the division--enforcement. - Missouri Statutes

Duties of the division--enforcement.

319.327. 1. It shall be the duty of the division of fire safety to:

(1) Develop and distribute all forms, certificates, and printedmaterial necessary for carrying out duties relating to applications,registrations, training, testing, and licensing required by sections319.300 to 319.345;

(2) Publish, distribute, and administer an examination that tests theknowledge of applicants for a blaster's license in the safe and proper useof explosives. The examination may be given to applicants byrepresentatives of the division of fire safety, by persons approved by thedivision of fire safety to provide training under section 319.306, or byother persons designated by the division of fire safety;

(3) Upon approval by majority vote of the state blasting safetyboard, promulgate any rule necessary for carrying out the purposes ofsections 319.300 to 319.345. No rule promulgated by the state fire marshalshall duplicate, amend, supersede, or conflict with the provisions of anystatute, 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 319.345upon the complaint of any citizen that believes explosives are being usedin such a way to endanger the public's safety or property, or upon anycause for the state fire marshal to believe that a violation is occurring.To conduct such investigations, the state fire marshal shall assignadequately trained personnel within the division of fire safety to inspectblasting sites, examine records and seismograph recordings, inspectblaster's licenses, inspect registration and reporting records required bysection 319.315, or determine if any other provision of sections 319.300 to319.345 has been violated. Such inspectors shall be employees of thedivision of fire safety and may act on a full-time or part-time basis. Anysuch inspector shall meet the requirements of section 319.306 for beinglicensed as a blaster in the state of Missouri;

(5) Receive and provide information and assistance, in cooperationwith local governments, federal agencies, and agencies of other states, inadministration and enforcement of sections 319.300 to 319.345 and similarlaws, regulations, and requirements in other jurisdictions.

2. The division of fire safety may enforce any provision of sections319.300 to 319.345 by referral of violations to the attorney general or aprosecuting attorney and may seek criminal penalties, civil penalties, andmay 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 firingexplosives in violation of subsection 16 of section 319.306 which shall besubject to penalties under such section, shall be subject to a civilpenalty not exceeding two thousand dollars for the first offense or apenalty not exceeding five thousand dollars for a second or subsequentoffense. 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 violationor request for enforcement action shall be made by the state fire marshalto the attorney general or a prosecuting attorney, only upon a majorityvote by the board.

(L. 2007 H.B. 298)