Kentucky Administrative Regulations
Title 805 - ENERGY AND ENVIRONMENT CABINET
Chapter 4 - Division of Explosives and Blasting
Section 805 KAR 4:010 - Licensing and classification of blasters
Universal Citation: 805 KY Admin Regs Service 4:010
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 351.315, 351.325
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, 300 Sower Boulevard, Frankfort, KY 40601,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 351.315(6), 351.335(1)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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