319.343. Inapplicability of prohibition on local preemption, when. - Missouri Statutes

Inapplicability of prohibition on local preemption, when.

319.343. The provisions of subsection 6 of section 319.342 in regardto the provisions of sections 319.300 to 319.342 or any rule promulgated bythe state fire marshal thereunder shall not apply to an ordinance, order,permit, or regulation in effect as of January 1, 2007, which regulates theuse of explosives at the site of a quarry in any county with a charter formof government and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants. For purposes of this section,quarry shall include any place where rock, ore, stone, or similar materialsare excavated for sale or off-premises use. A quarry shall not include theremoval or relocation of rock, stone, or earth incidental to theconstruction of residential, commercial, or industrial buildings. Nothingin this section shall be construed to exempt any person loading or firingexplosives in any county governed by this section from meeting thelicensing requirements of section 319.306 and paying licensing fees underthat section. Neither shall this section be construed to exempt any personusing explosives in any county defined by this section from registeringwith and reporting to the division of fire safety under section 319.318 andpaying all registration and reporting fees under that section.

(L. 2007 H.B. 298)