2013 Kentucky Revised Statutes CHAPTER 351 - DEPARTMENT FOR NATURAL RESOURCES 351.335 Rules and regulations -- Authority of commissioner or his representative.
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351.335 Rules and regulations -- Authority of commissioner or his
representative.
(1)
(2)
(3)
(4)
The department shall have the authority for promulgating regulations
concerning the manufacture, transportation, sale, storage, or use of explosives
and unassembled components 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.
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.
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.
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.
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