805 KAR 4:010.
Licensing and classification of blasters.
RELATES TO: KRS
KRS 351.315(6), 351.335(1)
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
"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
(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
(8) For the purpose
of licensure, a blaster shall be a person who makes any of the following
(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.
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.
Incorporation by Reference. (1) The following material is incorporated by
"EC-14" (revised January 1, 2002); and
"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.)