Effective - 28 Aug 2007
319.309. Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required. — 1. Any person using explosives in the state of Missouri shall calculate the scaled distance to the nearest uncontrolled structure. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for calculation of scaled distance.
2. For the purposes of this section, the term "uncontrolled structure" shall not apply to the following:
(1) Buildings in a state of disrepair or neglect which are not being used as a permanent residence;
(2) Noncommercial storage sheds;
(3) Temporary structures;
(4) Any unoccupied mobile recreational vehicle, trailer, or camper;
(5) Agricultural barns, storage sheds, and animal shelters;
(6) Any building on mine property that is owned by the mine operator or contained on property leased by the mine operator.
3. In any instance when the scaled distance value is fifty-five or less, any person using explosives, except as provided in section 319.321, shall use at least one seismograph calibrated to the manufacturer's standard for use to record the ground vibration and acoustic levels that occur from the use of such explosives or explosive materials. When measuring ground vibration and acoustic levels, the seismograph shall be placed in the proximity of the nearest uncontrolled structure or, at the option of the person using explosives, closer to the blast site. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for placement of the seismograph.
4. Any person using explosives who is voluntarily using a seismograph calibrated to the manufacturer's standard for use for all blasting is exempt from the requirements of this section.
--------
(L. 2007 H.B. 298)
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 319 - General Safety Requirements
Section 319.010 - Short title.
Section 319.015 - Definitions.
Section 319.024 - Public notice of excavations, duties of owner and operator.
Section 319.027 - Design requests, how made — marking location required.
Section 319.031 - Sewer system owner duties upon notification of intent to excavate.
Section 319.033 - Public right-of-way, installation within, requirements.
Section 319.037 - Excavation sites included in requirements — equipment prohibited at such sites.
Section 319.042 - No abrogation of contractual obligations with railroads.
Section 319.046 - Arbitration of disputes, when.
Section 319.050 - Exemptions from requirement to obtain information.
Section 319.075 - Citation of law.
Section 319.078 - Definitions.
Section 319.080 - Activities within ten feet of power lines prohibited, exceptions.
Section 319.083 - Special devices and precautions required — costs.
Section 319.085 - Presumption of negligence, when, rebuttable.
Section 319.088 - Exemptions from law.
Section 319.090 - Violations, penalty.
Section 319.100 - Definitions.
Section 319.109 - Releases and corrective actions to be reported, standards — rules authorized.
Section 319.111 - Closure of tanks, requirements — notice — department to establish.
Section 319.125 - Certificate denied or invalidated by department, procedure, grounds.
Section 319.127 - Violations, procedure — penalty, disposition.
Section 319.135 - No liability for release of petroleum at direction of coordinator, exception.
Section 319.203 - Ordinance to apply to certain buildings, structures and state leases.
Section 319.205 - Notice to cities and counties required to adopt ordinance, contents.
Section 319.300 - Citation of law — purpose statement.
Section 319.303 - Definitions.
Section 319.321 - Inapplicability of law, when.
Section 319.324 - State blasting safety board created, members, terms, officers, meetings, duties.
Section 319.327 - Duties of the division — enforcement.
Section 319.330 - Missouri explosives safety act administration fund created, use of moneys.
Section 319.333 - Notice of violation, procedure.
Section 319.336 - Grievance procedure.
Section 319.339 - Notification of division prior to use of explosives required — exception.
Section 319.343 - Inapplicability of prohibition on local preemption, when.