Effective 28 Aug 2007

319.324. State blasting safety board created, members, terms, officers, meetings, duties. — 1. The "State Blasting Safety Board" is hereby created and assigned to the division of fire safety under the state fire marshal. There shall be seven members of this board, as appointed by the governor, with the advice and consent of the senate, to be comprised of:

(1) One representative of a municipality or county governed by sections 319.300 to 319.345 who serves in the capacity of director of public works or a similar position;

(2) One representative of a person using explosives that is engaged in mining that is subject to the requirements of section 319.300 to 319.345;

(3) One representative of a person using explosives that is engaged in construction;

(4) One person who is in the business of providing contract blast monitoring services;

(5) Two persons who manufacture or distribute explosives; and

(6) The state fire marshal or his or her designee.

2. Each board member shall serve for a term of six years, except for the members initially appointed one term shall be for one year, one term shall be for two years, one term shall be for three years, one term shall be for four years, one term shall be for five years, and one term shall be for six years. Members appointed and serving shall serve until their successor is named and shall be eligible for reappointment. The state fire marshal or his or her designee shall be a standing member of the board and shall have the power to vote.

3. Members of the board shall serve without compensation but may be reimbursed by the division of fire safety for reasonable and necessary expenses. Meetings of the board shall be held in facilities arranged by the division of fire safety. Hearings of the board may be held at a location in Missouri agreed upon by the state fire marshal and the chairman of the board.

Upon agreement by the licensee, the state fire marshal, and the chairman of the state blasting safety board, hearings may be conducted by conference call.

4. The board shall annually by January thirty-first elect a chairman from one of the members other than the state fire marshal or his or her designee. The chairman shall be elected by majority vote of the board and shall preside over all meetings and hearings and perform any specific duties set out in sections 319.300 to 319.345.

5. The state fire marshal or his or her designee shall perform the duties of secretary of the board.

6. The board shall meet as needed at the call of the chairman or upon written notice by the state fire marshal. The board shall meet at least once each calendar year.

7. It shall be the duty of the board to:

(1) Advise the state fire marshal in the development of application and registration forms, training and examinations, and setting fees for the filing of required applications, registrations, and reports;

(2) Approve or disapprove any examination for licensing of blasters;

(3) Hold hearings and make decisions by majority vote upon appeals under subsection 10 of section 319.306 and upon notices of violation under subsection 7 of section 319.318 or section 319.333;

(4) Approve or disapprove any rule proposed by the division of fire safety for the administration of sections 319.300 to 319.345;

(5) Advise or assist the division of fire safety in any other matter regarding administration or enforcement within the scope and requirements of sections 319.300 to 319.345.

8. For any matter upon which a hearing is held under subdivision (3) of subsection 7 of this section, any referral of a notice of violation or request for criminal or civil enforcement action or injunctive relief shall be made by the state fire marshal to the attorney general or a prosecuting attorney, only upon a majority vote by the board.

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(L. 2007 H.B. 298)