805 KAR 4:010.

Licensing and classification of blasters.

 

      RELATES TO: KRS

351.315, 351.325

      STATUTORY AUTHORITY:

KRS 351.315(6), 351.335(1)

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources

to promulgate any administrative regulations necessary to effectuate the

provisions of KRS 351.315 to 351.375. KRS 351.315 requires the department to

license blasters and to establish fees. KRS 351.315 requires the Department for

Natural Resources to license blasters. This administrative regulation

establishes the licensing requirements and duties of a blaster to effect this

law, and establishes the amount of fees to be consistent with KRS 351.315

 

      Section 1. (1) The

department shall have the following two (2) classifications of blasting

licenses, each of which shall have a separate test:

      (a) The "Kentucky blaster's license"; and

      (b) The

"limited Kentucky blaster's license".

      (2) Persons holding

a "limited Kentucky blaster's license" shall not conduct a blasting

operation in which more than five (5) pounds of explosives are used in a single

charge.

      (3) Persons applying

for either a "Kentucky blaster's license" or a "limited Kentucky blaster's license" shall submit a nonrefundable application fee of forty (40)

dollars with the prescribed application form, EC-16 or EC-14. Upon successfully

passing the examination and satisfying the experience requirement of KRS

351.315(1), a license shall be issued upon the payment of an additional fee of

twenty-five (25) dollars, pursuant to KRS 351.315(2).

      (4) Each blaster

shall be required to renew his license every three (3) years by application to

the department. The application shall be accompanied by a fee of sixty (60)

dollars and documentation verifying that the blaster has completed the hours of

blaster retraining required in KRS 351.315(4).

      (5) If a licensed

blaster is not in violation of any final administrative or court order

concerning blasting-related matters when he makes application for renewal of

his license, the department shall renew that license.

      (6) A blaster who

fails to renew his "Kentucky blaster's license" within five (5) years

of the expiration date of his last valid license shall be required to reapply

for a license and retake the blasters examination in a manner established in

KRS 351.315. Blasters not in the above category may have their licenses renewed

by paying to the department a sum equal to the annual renewal fees for the

years of nonrenewal.

      (7) The commissioner

may grant a thirty (30) day nonrenewable blaster's license to any person

qualified under KRS 351.315(3) upon the payment of a twenty-five (25) dollar

fee.

      (8) For the purpose

of licensure, a blaster shall be a person who makes any of the following

decisions:

      (a) Decides hole

size, spacing, or depth;

      (b) Decides total

quantity of explosives;

      (c) Decides quantity

of explosives in each hole; or

      (d) Decides timing

delays to be used.

      (9) The blaster

shall also be present when the charge is detonated and either physically

detonate the charge or give the order to detonate the charge.

      (10) The blaster

shall complete and sign a record for each blast as required in KRS 351.360.

      (11) A licensed

blaster shall not take any instruction on the activities described in

subsections (8) through (10) of this section from a person not holding a

blaster's license if compliance with that instruction may result in an unlawful

act or unlawful effect of the blast.

      (12) Anyone failing

a blaster's examination may retake the examination after thirty (30) days

without paying another application fee. A person failing the examination a

second time shall resubmit his application form and pay the fee required in

subsection (3) of this section.

      (13) Persons

involved in seismic exploration of the subsurface geology and detonating

explosives solely for the purpose of monitoring seismic waves generated by such

a detonation shall hold either a "Kentucky blaster's license" or a

"limited Kentucky blaster's license". The five (5) pound limitation

in subsection (2) of this section may be waived for the purpose of seismic

exploration based upon a written request to the department.

      (14) Persons engaged

in blasting operations in oil production and detonating explosives for the

purpose of enhancing oil production, cutting casing, or other similar purposes,

if the explosives are placed in an oil well, shall hold either a "Kentucky

blaster's license" or a "limited Kentucky blaster's license".

The five (5) pound limitation in subsection (2) of this section may be waived

for the purpose of oil well shooting based upon a written request to the

department. The use of shaped charges of less than ninety (90) grams weight to

perforate casing or strata shall not meet the definition of blasting operation

and shall not require either license.

      (15) Application for

the reciprocal license described in KRS 351.315(3) shall be on a form furnished

by the department and accompanied by a fee of sixty (60) dollars.

 

      Section 2.

Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a) Form

"EC-14" (revised January 1, 2002); and

      (b) Form

"EC-16" (revised January 1, 2002).

      (2) This material

may be inspected, copied, or obtained, subject to applicable copyright law, at

the Department for Natural Resources, 1025 Capital Center Drive, Suite 201, PO

Box 2244, Frankfort, Kentucky 40602-2244, Monday through Friday, 8 a.m. to 4:30

p.m. (E&B-M&M-1; 1 Ky.R. 1072; eff. 6-11-75; Am. 2 Ky.R. 602; 3 Ky.R.

317; eff. 9-1-76; 4 Ky.R. 300; 426; eff. 5-3-78; 8 Ky.R. 171, 287; eff. 10-7-81;

17 Ky.R. 3263; 18 Ky.R. 77; eff. 7-31-91; 19 Ky.R. 2325; eff. 6-7-93; 29 Ky.R.

183; 710; eff. 9-16-02; TAm eff. 8-9-2007.)