319.342. Municipalities to be notified of use of explosives, when, procedure--certain owners and businesses to be notified--ordinances authorized. - Missouri Statutes

Municipalities to be notified of use of explosives, when,procedure--certain owners and businesses to benotified--ordinances authorized.

319.342. 1. Any person using explosives that will conduct blastingwithin the jurisdiction of a municipality shall notify the appropriaterepresentative of the municipality in writing or by telephone at least twobusiness days in advance of blasting at that location. An appropriaterepresentative shall be deemed to be the city's public works department,code enforcement official, or an official at the main office maintained bythe municipality. In any area where blasting will be conducted, whether ina municipality or in an unincorporated area, the person using explosivesalso shall notify the appropriate fire protection official for thejurisdiction where blasting will occur, which may be a city firedepartment, fire protection district, or volunteer fire protectionassociation. The notice required by this section shall state the name,address, and telephone number of the person using explosives, the name ofthe individual responsible for supervision of blasting, the date orapproximate period over which blasting will be conducted, the location ofblasting by street address, route, or other description, and the nature ofthe project or reason for blasting. If blasting will be conducted at anongoing project, such as a long-term construction project, or at apermanent site, such as a surface mine, the person shall only be requiredto make one notice to the municipality or appropriate fire protectionofficial in advance of the first use of explosives. Any such ongoingprojects or permanent sites in existence at the time of August 28, 2007,shall not be required to provide notice as described in this subsection.

2. Any person using explosives which will conduct blasting within thejurisdiction of a municipality shall notify the owner or occupant of anyresidence or business located within a scaled distance of fifty-five fromthe site of blasting prior to the start of blasting at any new location.One notification by mail, telephone, printed notification postedprominently on the premises or the property of the owner or occupant of theresidence or business, or delivered in person to any such owner or occupantmeets the requirements of this subsection. A municipality may provide thename, last known address, and telephone number of the owners or occupantsof any residence or business that may be located within the scaled distanceof fifty-five from the site of blasting to the person using explosives uponrequest.

3. Any municipality or county may by ordinance or order:

(1) Require that a permit be obtained in addition to the noticerequired by subsection 1 of this section, with such application for permitbeing due no more than ten days prior to the first use of explosives;

(2) Require that the application for the permit contain specificinformation about the type of explosives to be used and their storagelocation at the site where used;

(3) Require the applicant to demonstrate an acceptable plan forsignage or other means of informing the public of blasting in proximity topublic streets or highways and any request for temporary closing of streetsor routing of traffic;

(4) Specify the times of day blasting may be conducted, which shallnot be less than eight consecutive hours on any day of the week except theordinance or order may prohibit blasting on Sunday unless approved by themunicipality or county upon application by the person using explosives;

(5) Require that the applicant submit proof that the person usingexplosives is registered with the division of fire safety and that blastingwill be conducted by a licensed blaster;

(6) Require that the applicant submit proof of commercial generalliability insurance in an acceptable amount, which shall be no less thanone million dollars and no more than five million dollars;

(7) Require that the applicant make at least three documentedattempts to contact the owner of any uncontrolled structures within ascaled distance of thirty-five from the blast site in order to conduct apreblast survey of such structures. A preblast survey is not required ifthe owner of any such structure does not give permission for a survey to beconducted;

(8) Enact any other provision necessary to carry out the provisionsof the ordinance or order, including the conditions under which the permitmay be suspended or revoked or appropriate fines may be imposed for failureto obtain a permit or violations of the permit.

4. A permit for blasting under a municipal or county ordinance ororder authorized by subsection 3 of this section shall be granted by themunicipality or county upon satisfying the requirements of the ordinance ororder and upon the applicant's payment of a reasonable fee to cover theadministration of the permit system.

5. Any authorized representative of a municipality, county or anappropriate fire protection official may:

(1) Require any person using explosives to show proof that he or sheis registered with the division of fire safety and blasting is beingconducted by an individual that is licensed under the provisions of section319.306;

(2) Request and be allowed access to the site of blasting by theperson using explosives and shall be allowed to observe blasting from asafe location as designated by the blaster;

(3) Examine records of blasting required to be maintained by sections319.309 and 319.315. However, no municipality, county, or fire protectionofficial shall require a person using explosives or a blaster to surrendersuch records or a copy of such records to the municipality or fireprotection official except as necessary under an investigation of theblaster's violation of a municipal or county permit;

(4) Report suspected violations of section 319.300 to 319.345 to thedivision of fire safety.

6. Except for any ordinance or order of any county with a charterform of government and with more than one million inhabitants, no provisionof a municipal ordinance or county ordinance or order in effect on August28, 2007, or which may be adopted at a future date by a city or county maypreempt, amend, exceed, or conflict with the provisions of sections 319.300to 319.342 nor any rule promulgated by the state fire marshal under section319.327. Neither shall any existing or future municipal ordinance orcounty ordinance or order preempt, amend, exceed, or conflict with theprovisions of any statute, regulation, or policy established by:

(1) The United States Department of Justice, Bureau of Alcohol,Tobacco, Firearms and Explosives;

(2) Chapter 40 of Title 18 of the United States Code, as amended;

(3) The United States Department of Transportation;

(4) The federal Mine Safety and Health Administration; or

(5) The federal Occupational Safety and Health Administration.

7. Subsections 1, 2, and 3 of this section shall not apply to anyblasting required by a construction contract with any agency of the stateof Missouri, any federal agency, or any political subdivision.

8. Nothing in this section shall preempt the rights and remediesafforded by the general assembly or common law to persons damaged byblasting.

(L. 2007 H.B. 298)