Oklahoma § 63-123.8

§ 63-123.8.

Exemptions.

Oklahoma Statutes - Title 63. Public Health and Safety

A. 1. The provisions of the Oklahoma Explosives and Blasting

Regulation Act shall not apply to:

a.

persons engaged in shooting wells or seismographic

operations for the purpose of oil or gas production,

b.

mining operations regulated by Title 45 of the

Oklahoma Statutes, and

c.

persons using explosives or blasting agents for

noncommercial use on their own land, owned in fee or

by contract, for the removal of trees, rocks and dams

or for other normal agricultural purposes.

2. Any person exempted from the provisions of the Oklahoma

Explosives and Blasting Regulation Act pursuant to this subsection

shall be liable for all damages caused by the use of explosives, or

blasting agents and blasting operations, which damages shall be

recoverable in any court of competent jurisdiction.

B. In addition, the provisions of the Oklahoma Explosives and

Blasting Regulation Act shall not apply to:

1. Any municipalities or counties in this state using any

blasting agents, explosives or conducting, supervising or

controlling a blasting operation in this state. Any such

municipality or county shall comply with rules promulgated by the

Oklahoma Mining Commission;

2. The Department of Transportation in the conducting,

supervision or controlling of any blasting operation in this state,

provided the Department shall comply with rules promulgated by the

Oklahoma Mining Commission; and

3. Duly qualified and certified bomb technicians of a federally

accredited bomb squad of municipal, county, state, and federal law

enforcement agencies for the transportation, storage or disposal of

any explosive chemical, compound or device, when such technician is

performing responsibilities for the preservation of public peace,

safety, or criminal investigation.

4. Any employee of the Oklahoma Department of Agriculture,

Food, and Forestry and the United States Department of Agriculture,

Animal and Plant Health Inspection Service, Wildlife Services who is

trained and certified by the United States Department of Agriculture

in the safe handling and use of explosive materials in the course of

the official duties of the employee.

Added by Laws 1995, c. 344, § 11, eff. Nov. 1, 1995. Amended by

Laws 2003, c. 168, § 6, eff. July 1, 2003; Laws 2007, c. 58, § 1,

eff. Nov. 1, 2007.