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Section: 319.0342 Municipalities to be notified of use of explosives, when, procedure--certain owners and businesses to be notified--ordinances authorized. RSMO 319.342


Published: 2015

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Missouri Revised Statutes













Chapter 319

General Safety Requirements

←319.339

Section 319.342.1

319.343→

August 28, 2015

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

319.342. 1. Any person using explosives that will conduct blasting

within the jurisdiction of a municipality shall notify the appropriate

representative of the municipality in writing or by telephone at least two

business days in advance of blasting at that location. An appropriate

representative shall be deemed to be the city's public works department, code

enforcement official, or an official at the main office maintained by the

municipality. In any area where blasting will be conducted, whether in a

municipality or in an unincorporated area, the person using explosives also

shall notify the appropriate fire protection official for the jurisdiction

where blasting will occur, which may be a city fire department, fire

protection district, or volunteer fire protection association. The notice

required by this section shall state the name, address, and telephone number

of the person using explosives, the name of the individual responsible for

supervision of blasting, the date or approximate period over which blasting

will be conducted, the location of blasting by street address, route, or other

description, and the nature of the project or reason for blasting. If

blasting will be conducted at an ongoing project, such as a long-term

construction project, or at a permanent site, such as a surface mine, the

person shall only be required to make one notice to the municipality or

appropriate fire protection official in advance of the first use of

explosives. Any such ongoing projects 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 the

jurisdiction of a municipality shall notify the owner or occupant of any

residence or business located within a scaled distance of fifty-five from the

site of blasting prior to the start of blasting at any new location. One

notification by mail, telephone, printed notification posted prominently on

the premises or the property of the owner or occupant of the residence or

business, or delivered in person to any such owner or occupant meets the

requirements of this subsection. A municipality may provide the name, last

known address, and telephone number of the owners or occupants of any

residence or business that may be located within the scaled distance of

fifty-five from the site of blasting to the person using explosives upon

request.



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



(1) Require that a permit be obtained in addition to the notice required

by subsection 1 of this section, with such application for permit being due

no more than ten days prior to the first use of explosives;



(2) Require that the application for the permit contain specific

information about the type of explosives to be used and their storage

location at the site where used;



(3) Require the applicant to demonstrate an acceptable plan for signage

or other means of informing the public of blasting in proximity to public

streets or highways and any request for temporary closing of streets or

routing of traffic;



(4) Specify the times of day blasting may be conducted, which shall not

be less than eight consecutive hours on any day of the week except the

ordinance or order may prohibit blasting on Sunday unless approved by the

municipality or county upon application by the person using explosives;



(5) Require that the applicant submit proof that the person using

explosives is registered with the division of fire safety and that blasting

will be conducted by a licensed blaster;



(6) Require that the applicant submit proof of commercial general

liability insurance in an acceptable amount, which shall be no less than one

million dollars and no more than five million dollars;



(7) Require that the applicant make at least three documented attempts

to contact the owner of any uncontrolled structures within a scaled distance

of thirty-five from the blast site in order to conduct a preblast survey of

such structures. A preblast survey is not required if the owner of any such

structure does not give permission for a survey to be conducted;



(8) Enact any other provision necessary to carry out the provisions of

the ordinance or order, including the conditions under which the permit may

be suspended or revoked or appropriate fines may be imposed for failure to

obtain a permit or violations of the permit.



4. A permit for blasting under a municipal or county ordinance or order

authorized by subsection 3 of this section shall be granted by the

municipality or county upon satisfying the requirements of the ordinance or

order and upon the applicant's payment of a reasonable fee to cover the

administration of the permit system.



5. Any authorized representative of a municipality, county or an

appropriate fire protection official may:



(1) Require any person using explosives to show proof that he or she is

registered with the division of fire safety and blasting is being conducted

by an individual that is licensed under the provisions of section 319.306;



(2) Request and be allowed access to the site of blasting by the person

using explosives and shall be allowed to observe blasting from a safe

location as designated by the blaster;



(3) Examine records of blasting required to be maintained by sections

319.309 and 319.315. However, no municipality, county, or fire protection

official shall require a person using explosives or a blaster to surrender

such records or a copy of such records to the municipality or fire protection

official except as necessary under an investigation of the blaster's

violation of a municipal or county permit;



(4) Report suspected violations of section 319.300 to 319.345 to the

division of fire safety.



6. Except for any ordinance or order of any county with a charter form of

government and with more than one million inhabitants, no provision of a

municipal ordinance or county ordinance or order in effect on August 28,

2007, or which may be adopted at a future date by a city or county may

preempt, amend, exceed, or conflict with the provisions of sections 319.300 to

319.342 nor any rule promulgated by the state fire marshal under section

319.327. Neither shall any existing or future municipal ordinance or county

ordinance or order preempt, amend, exceed, or conflict with the provisions 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 any

blasting required by a construction contract with any agency of the state of

Missouri, any federal agency, or any political subdivision.



8. Nothing in this section shall preempt the rights and remedies afforded

by the general assembly or common law to persons damaged by blasting.



(L. 2007 H.B. 298)







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