Tennessee § 68-105-102 - Chapter definitions.

§ 68-105-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Airblast” means a pressure wave from a blast traveling through the atmosphere; “ATF” means the bureau of alcohol, tobacco, firearms, and explosives of the United States department of justice; “ATF permit or license” means the permit or license issued by the ATF and required by 18 U.S.C. § 842 for any person who intends to engage in business as an explosive materials user, importer, manufacturer, or dealer; “Blast” or “shot” means the act of detonating explosive materials joined by a shared initiation system and a single firing device; “Blast hole” means a hole drilled in rock or other material for the placement of explosives; “Blaster” means a person qualified by reason of training, knowledge, experience and registration to fire or detonate explosives in blasting operations; “Blasting operation” means the use of explosives in the blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work; “Charge” means a quantity of explosives that is to be detonated within a segregated position in the blast design; “Commissioner” means commissioner of commerce and insurance; “Delay” means a period of time until detonation after application of energy to the ignition system; “Delay period” means a time separation of eight (8) milliseconds or greater between detonation of charges; “Department” means the department of commerce and insurance; “Distance” means the actual distance in feet along ground contour to the nearest dwelling house, public building, school, church, commercial or institutional building normally occupied; “Explosives” means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportion or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property; “Handler” means a person qualified by reason of training, knowledge, experience and registration to accept custody and possession of explosives in blasting operations; “Letter of denial” means a written notification from the ATF indicating that an individual is not approved to possess, use, manufacture, distribute, transport, or direct the use or management of explosives; “Limited blaster” means a person qualified by reason of training, knowledge, experience and registration to fire or detonate not more than five (5) pounds of explosives per blast; “Person” means an individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or other entity whatsoever; “Scaled distance” means the actual distance in feet divided by the square root of the maximum charge weight per delay period, in pounds; and “Weight” means the maximum weight of explosive, in pounds. For the sole purpose of using the formula set forth in § 68-105-104, “weight” means maximum pounds per delay period. Acts 1975, ch. 93, § 2; T.C.A., §§ 53-6102, 68-44-102; Acts 2000, ch. 619, § 1; 2006, ch. 1017, § 1; 2007, ch. 231, §§ 1, 2. Compiler's Notes. Acts 2006, ch. 1017, § 5 provided that, for purposes of effectuating the intent of the act, the department of commerce and insurance is authorized to promulgate rules by public necessity (now emergency rules) pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2007, ch. 231, § 11 provided that, for purposes of effectuating the intent of the act, the state fire marshal is authorized to promulgate rules by public necessity (now emergency rules) pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Attorney General Opinions. Limitations on county activities, OAG 98-0156 (8/17/98).