There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 351 DEPARTMENT FOR NATURAL RESOURCES
351.335 Rules and regulations -- Authority of commissioner or his representative.
Download pdfcomponents of explosives including, but not limited to, airblasts, preblast surveys,
and blasting schedules, and the maintenance of such explosives which has a direct
bearing on safety to life and property, and any other rules and regulations necessary
to effectuate the provisions of KRS 351.315 to 351.375 or which are consistent with
the provisions of the Federal Surface Mining Control and Reclamation Act of 1977,
and amendments thereto, pertaining to blasting or explosives, or any rule or
regulation promulgated thereunder pertaining to blasting or explosives. No portion
of KRS 351.315 to 351.375 shall apply in any manner to the manufacture,
transportation, sale, storage, possession, or use of:
(a) Loaded ammunition for use in small arms or other weapons; or
(b) Propellant powders for use in small arms or other weapons; or
(c) Primers for small arms ammunition; or
(d) Any other component part of small arms ammunition; or
(e) Tools, equipment, or devices for the manufacture of small arms ammunition; or (f) Grades of blackpowder suitable primarily for use in firearms. (2) To promote compatible, uniform, and consistent laws and regulations concerning blasting, all local ordinances, rules, and regulations concerning blasting and
explosives promulgated by units of local government within the Commonwealth
shall be reviewed and approved, by the department, prior to implementation. Any
not so approved shall be invalid. Any local ordinance, rule, or regulation in force on
June 19, 1976, shall become invalid, null, and void one hundred twenty (120) days
after June 19, 1976, unless it is submitted to the department and is approved as
being consistent with the provisions of this section. (3) In order to carry out the purposes of KRS 351.315 to 351.375, the commissioner or his authorized representative shall have the authority:
(a) To enter without delay and advance notice any place where explosives are in use or stored or where blasting records are kept, during regular working hours
and at other reasonable times in order to inspect such places, question any
explosive user or seller for the purpose of ascertaining compliance or
noncompliance with KRS 351.315 to 351.375. (b) To administer oaths, take depositions, conduct hearings, take photographs, review any and all blasting records, and secure any other evidence deemed
necessary to evaluate any safety hazard in KRS 351.315 to 351.375 or
regulations issued pursuant thereto. (4) If an explosive user or seller refuses such entry, then the commissioner or his authorized representative may apply to the Franklin Circuit Court, or to the Circuit
Court within the county wherein the premises to be entered are located, for an order
to enforce the right of entry. (5) If, during the course of a lawful inspection, the commissioner or his authorized representative discovers explosives stored or kept in an unlawful manner and such
unlawfully stored or kept explosives constitute an imminent and substantial danger
to life or property, then the commissioner or his authorized representative may,
upon proper affidavit before a magistrate with authority and jurisdiction to issue
search warrants, obtain a warrant authorizing seizure of such unlawfully stored or
kept explosives and thereby seize and store such explosives in a lawful and safe
manner.
(a) No warrant pursuant to this section shall be issued unless the commissioner or his authorized representative has made arrangements with public or private
sources for the lawful and safe storage of the explosives to be seized. (b) No warrant pursuant to this section shall be issued upon an affidavit that does not aver that an arrangement has been made between the commissioner or his
authorized representative and public or private sources for the lawful and safe
storage of the explosives to be seized. (c) No warrant pursuant to this section shall be issued upon an affidavit that does not specifically state the place in which the explosives are to be stored in
terms of city, county, street address, and name of person, company, or agency
accepting the explosives for storage. (d) Any owner or person entitled to lawful possession of explosives seized pursuant to this section shall be entitled to recovery of the seized explosives
upon written or verbal notification to the commissioner or his authorized
representative stating his capability to lawfully and safely store the seized
explosives, and upon an inspection by the commissioner or his representative
of his storage facilities and methods that reveals his capability to lawfully and
safely store the explosives. (e) The commissioner or his authorized representative shall make the inspection within five (5) days of receipt of said notification. (f) If the commissioner or his authorized representative receive no communication from the owner or person entitled to lawful possession of the
seized explosives within thirty (30) days after the seizure of such explosives,
then the commissioner or his authorized representative may dispose of the
seized explosives in a safe and lawful manner. Effective: June 17, 1978.
History: Amended 1978 Ky. Acts ch. 337, sec. 2, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 143, sec. 5.
Disclaimer: These codes 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.