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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