Missouri § 319.327 - Duties of the division — enforcement.

§ 319.327. Duties of the division — enforcement.

1.  It shall be the duty of the division of fire safety to:

(1)  Develop and distribute all forms, certificates, and printed material necessary for carrying out duties relating to applications, registrations, training, testing, and licensing required by sections 319.300 to 319.345;

(2)  Publish, distribute, and administer an examination that tests the knowledge of applicants for a blaster's license in the safe and proper use of explosives.  The examination may be given to applicants by representatives of the division of fire safety, by persons approved by the division of fire safety to provide training under section 319.306, or by other persons designated by the division of fire safety;

(3)  Upon approval by majority vote of the state blasting safety board, promulgate any rule necessary for carrying out the purposes of sections 319.300 to 319.345.  No rule promulgated by the state fire marshal shall duplicate, amend, supersede, or conflict with the provisions of any statute, regulation, or policy established by:

(a)  The U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives;

(b)  Chapter 40 of Title 18 of the United States Code, as amended;

(c)  The U.S. Department of Transportation;

(d)  The federal Mine Safety and Health Administration; or

(e)  The federal Occupational Safety and Health Administration;

(4)  Investigate possible violations of sections 319.300 to 319.345 upon the complaint of any citizen that believes explosives are being used in such a way to endanger the public's safety or property, or upon any cause for the state fire marshal to believe that a violation is occurring.  To conduct such investigations, the state fire marshal shall assign adequately trained personnel within the division of fire safety to inspect blasting sites, examine records and seismograph recordings, inspect blaster's licenses, inspect registration and reporting records required by section 319.315, or determine if any other provision of sections 319.300 to 319.345 has been violated.  Such inspectors shall be employees of the division of fire safety and may act on a full-time or part-time basis.  Any such inspector shall meet the requirements of section 319.306 for being licensed as a blaster in the state of Missouri;

(5)  Receive and provide information and assistance, in cooperation with local governments, federal agencies, and agencies of other states, in administration and enforcement of sections 319.300 to 319.345 and similar laws, regulations, and requirements in other jurisdictions.

2.  The division of fire safety may enforce any provision of sections 319.300 to 319.345 by referral of violations to the attorney general or a prosecuting attorney and may seek criminal penalties, civil penalties, and may seek injunctive relief as authorized by sections 319.300 to 319.345.  Any violation of sections 319.300 to 319.345, other than loading or firing explosives in violation of subsection 16 of section 319.306 which shall be subject to penalties under such section, shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense.  For any matter upon which a hearing is held under subdivision (3) of subsection 7 of section 319.324, any referral of a notice of violation or request for enforcement action 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)

---- end of effective  28 Aug 2007 ----

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