Tennessee § 68-105-106 - Registration of explosives users — Requirements for registration — Registration classifications — Renewal — Fees.

§ 68-105-106. Registration of explosives users — Requirements for registration — Registration classifications — Renewal — Fees.

Unless otherwise exempted by this chapter, no person shall detonate explosives in any blasting operation, unless the person is registered with the department. The minimum requirements for registration are the following: Previous practical experience, obtained under the supervision of a registered, experienced blaster, the adequacy of which is at the discretion of the commissioner; A Tennessee handler's or blaster's registration, or a blaster's license issued by another state or jurisdiction; provided, the applicant for registration based on possession of a blaster's license issued by another state or jurisdiction has possessed the licensure for at least one (1) year prior to applying for licensure in this state; and Proof of having passed an examination prescribed by the department. The examination shall test the applicants' knowledge of blasting operations, including the storage, transportation, handling, and detonation of explosives, and state laws, rules and regulations pertaining to explosive materials. No person shall be eligible for registration as a blaster or limited blaster who is not at least twenty-one (21) years of age. No person shall be eligible for registration as a handler who is not at least eighteen (18) years of age. No person shall be eligible for registration who does not understand, speak and write the English language. The department shall have three (3) classifications of registration: “blaster's registration;” “limited blaster's registration;” “handler's registration.” A person holding a limited blaster's registration shall not conduct a blasting operation in which more than five pounds (5 lbs.) total of explosives are used in a blast. A blaster who fails to renew the registration within one (1) year of the expiration date of the last valid registration shall be required to reapply for a registration and retake an examination. Applications for registration shall be in writing upon a form furnished by the department and shall be accompanied by a nonrefundable application fee. If the application is satisfactory to the department, then the applicant is entitled to an examination to determine the applicant's qualifications. The department is entitled to charge each applicant an examination fee as set by the department for each examination. The department may administer the examination or may contract for the administration of such examination. If the results of the examination of any applicant are satisfactory to the department, then the department may issue a registration to the applicant upon receipt of a registration fee. Any person who is a registered or licensed blaster in another state where the qualifications, in the opinion of the commissioner, are equivalent to those prescribed in the state of Tennessee at the date of application, and where reciprocal registration privileges satisfactory to the department are granted to Tennessee registrants, may be granted a registration without an examination, upon the payment of a fee. The applicant shall not be required to possess a Tennessee handler's registration as a prerequisite for any type of blasting registration. Certificates of registration shall expire three (3) years following the date of their issuance or renewal and are invalid on that date unless renewed. Renewals may be effected by the payment of a renewal fee. All fees provided in this section shall be set by the department by rule, pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5. Blasting firms shall submit any letter of denial received from the ATF to the state fire marshal within five (5) calendar days of receipt. Acts 1975, ch. 93, § 6; T.C.A., § 53-6106; Acts 1985, ch. 354, § 30; T.C.A., § 68-44-106 ; Acts 2000, ch. 619, § 4; 2006, ch. 1017, § 2; 2007, ch. 231, §§ 6, 7. 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. Use of exploding targets. OAG 15-12, 2015 Tenn. AG LEXIS 12 (2/5/15).