Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 351.367, 351.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
the Department for Natural Resources to promulgate rules and administrative
regulations concerning the manufacture, transportation, sale, storage, or use
of explosives and unassembled components of explosives, and the maintenance of
such explosives which have a direct bearing on safety to life and property.
This administrative regulation establishes guidelines for the necessity of and
procedure for obtaining a permit for the purchase of possession of
explosives.
Section 1.
(1) Each person, firm, association, or
corporation intending to purchase or take possession of explosives shall
complete the application form (EC-52), and pay the application fee established
by KRS 351.367(2).
(2) Each holder
of a permit to purchase or possess explosives shall provide a copy of his
permit to the explosive dealer or distributor prior to the transfer of the
explosive materials.
(3) A permit
to purchase or possess explosives shall be obtained prior to purchasing or
taking possession of any explosive materials, including all high explosives,
blasting agents, and detonators, and two (2) component, binary explosive
compounds.
(4) The following
materials are exempt from the requirement to obtain a permit:
(a) Oil well perforating charges of less than
ninety (90) grams each;
(b) All
grades of blackpowder suitable for firearms;
(c) All fireworks; and
(d) Any propellant powder for firearms or
rockets.
(5) Any person
who signs the application for a permit, either as an individual or as a
representative of a corporation, firm, or association, shall be accountable for
the explosives purchased under the terms of the permit.
(6) A permit holder may purchase explosives
for use on several different business locations or construction sites, if the
person designated on the permit application is the central agent ordering the
explosives, and is responsible for the security and disposition of the
explosives at all sites.
(7) If a
single corporation or company has multiple business sites, each of which
purchases explosives independently, each site shall obtain its own
permit.
Section 2.
Incorporation by Reference.
(1) Form
"(EC-52)", (revised August 1996), is incorporated by reference.
(2) It may be inspected, copied, or obtained
from the Department for Natural Resources, 300 Sower Boulevard, Frankfort, KY
40601 during normal business hours, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY: KRS 351.335(1)
