Section 319.303

Title XXI PUBLIC SAFETY AND MORALS

Chapter 319

Effective - 28 Aug 2007   

  319.303.  Definitions. — As used in sections 319.300 to 319.345, the following terms shall mean:

  (1)  "Blast", detonation of explosives;

  (2)  "Blast site", the area where explosives are handled during loading of a bore hole, including fifty feet in all directions from the perimeter formed by loaded holes.  A minimum of thirty feet may replace the fifty feet requirement if the perimeter of loaded holes is marked and separated from nonblast site areas by a barrier.  The fifty feet or thirty feet distance requirements, as applicable, shall apply in all directions along the full depth of the bore hole;

  (3)  "Blaster", a person qualified to be in charge of and responsible for the loading and firing of an explosive or explosive material;

  (4)  "Blasting", the use of explosives in mining or construction;

  (5)  "Board", the state blasting safety board created in section 319.324;

  (6)  "Bore hole", a hole made with a drill, auger, or other tool in which explosives are placed in preparation for detonation;

  (7)  "Burden", the distance from an explosive charge to the nearest free or open face at the time of detonation;

  (8)  "Business day", any day of the week except Saturday, Sunday, or a federal or state holiday;

  (9)  "Deck", charge of explosives separated from other charges by stemming;

  (10)  "Delay period", the time delay provided by blasting caps which permits firing of bore holes in sequence;

  (11)  "Detonation", the action of converting the chemicals in an explosive charge to gases at a high pressure by means of a self-propagating shock wave passing through the charge;

  (12)  "Detonator", any device containing initiating or primary explosive that is used for initiating detonation of another explosive material.  A detonator may not contain more than ten grams of total explosives by weight, excluding ignition or delay charges.  The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuse, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps which use detonating cord, nonelectric shock tube, or any other replacement for electric leg wires;

  (13)  "Explosives", any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, including, but not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, millisecond connectors, safety fuses, squibs, detonating cord, igniter cord, and igniters; includes explosive materials such as any blasting agent, emulsion explosive, water gel, or detonator.  Explosive materials determined to be within the coverage of sections 319.300 to 319.345 shall include all such materials listed in Chapter 40 of Title 18 of the United States Code, as amended, as issued at least annually by the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives;

  (14)  "Fire protection official", an authorized representative of a municipal fire department, fire protection district, or volunteer fire protection association for the area where blasting occurs;

  (15)  "Firing", causing explosives to be detonated by the use of a fuse, electric detonator, or nonelectric shock tube;

  (16)  "Fugitive from justice", any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding.  The term shall also include any person who has been convicted of any crime and has fled to avoid case disposition;

  (17)  "Initiation system", components of an explosive charge that cause the charge to detonate, such as primers, electric detonators, and detonating charge;

  (18)  "Loading", placing of explosives in a hole in preparation for detonation;

  (19)  "Local government", a city, county, fire protection district, volunteer fire protection association, or other political subdivision of the state;

  (20)  "Person using explosives", any individual, proprietorship, partnership, firm, corporation, company, or joint venture that is required to hold authority to receive or use explosives under statutes or regulations administered by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives and who employs licensed blasters;

  (21)  "Scaled distance", a value determined by dividing the linear distance, in feet, from the blast to a specified location, by the square root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period;

  (22)  "Seismograph", an instrument that measures ground vibration and acoustic effects;

  (23)  "Spacing", the distance between adjacent bore holes;

  (24)  "Stemming", inert material that is placed above explosives that have been placed in a blast hole in preparation for detonation or vertically between columnar decks of explosives that have been placed in a hole in preparation for detonation;

  (25)  "Uncontrolled structure", any dwelling, public building, school, church, commercial building, or institutional building that is not owned or leased by the person using explosives, or otherwise under the direct contractual responsibility of the person using explosives.

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(L. 2007 H.B. 298)