§ 68-105-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Blasting Standards Act of 1975.”
§ 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 […]
§ 68-105-103. Requirements Governing Blasting
The use of explosives for the purpose of blasting in the neighborhood of any public highway, dwelling house, public building, school, church, commercial or institutional building, or pipeline or other public utility facility, including, but not limited to, electrical and communications cables or wires, shall be done in accordance with this chapter and the rules […]
§ 68-105-104. Blasting Standards
In all blasting operations, except as otherwise provided in this chapter, the maximum ground vibration at any dwelling, public building, school, church, or commercial or institutional building normally occupied adjacent to the blasting site shall not exceed the limitations specified in the following table: TABLE 1 PEAK PARTICLE VELOCITY LIMITSDistance from blasting site Maximum allowable […]
§ 68-105-105. Seismograph Measurements
At any dwelling house, public building, school, church, commercial or institutional building normally occupied within three hundred feet (300′) of any blast hole, the responsible blasting firm shall offer the owner or occupant a pre-blast survey at no charge. This requirement shall apply only in cases where the standard table of distance is exceeded. The […]
§ 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 […]
§ 68-105-107. Records
A record of each blast shall be kept. All records, including seismograph reports, shall be retained at least three (3) years and shall be available for inspection and shall contain the following minimum data: Name of company or contractor; Location, date and time of blast; Name and signature of blaster on charge; Type of material […]
§ 68-105-108. Rules and Regulations — Forms
The department may promulgate such rules and regulations, neither inconsistent nor contradictory with this chapter, that it deems necessary to effectuate the chapter. The department may also prescribe forms required for the administration of the chapter.
§ 68-105-109. Notification of Accidents — Cessation of Blaster Operations — Preservation of Evidence — Penalties — Hearings and Judicial Review — Variations From Requirements
Notification of Accident. In the event of a blasting accident, the blaster in charge of the site shall notify the department where death, personal injury requiring hospital admission, or property damage of at least five thousand dollars ($5,000) due to flying debris occurs as a result of a blasting operation. If the blaster in charge […]
§ 68-105-110. Local Requirements Preempted
This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by the chapter.
§ 68-105-111. Penalties
Any person, firm, association, corporation or other entity that engages in activity governed by this chapter and is not registered as required by this chapter commits a Class A misdemeanor.
§ 68-105-112. Minimum Insurance Requirements
Each person applying for or renewing a firm registration certificate shall maintain a current liability insurance policy that includes blasting coverage, in the minimum amount of one million dollars ($1,000,000) during all blasting operations, for the use and benefit of any person who may be injured or aggrieved by wrongful act or omission of any […]
§ 68-105-113. Registration Required Prior to the Purchase, Receipt or Possession of Explosives
No person, firm, association, corporation or other entity shall purchase, receive, or take possession of explosives without first obtaining a registration from the department.
§ 68-105-114. Application for Registration — Expiration — Fees
The application for a firm registration to purchase, receive, or take possession of explosives shall be on a form prescribed by the department. The application shall indicate the applicant’s name, address, type of business, general purpose for which the explosives shall be used and proof of insurance as required by § 68-105-112, and shall be […]
§ 68-105-115. Insurance Requirement
Notwithstanding any other law to the contrary, a registered blaster or limited blaster who is not a full time employee of a registered firm shall have a current liability insurance policy that includes blasting coverage, in the minimum amount of one million dollars ($1,000,000), during all blasting operations for the use and benefit of any […]
§ 68-105-116. Authority of Department — Promulgation of Rules and Regulations — Inspections — Warrants — Disposal of Unclaimed Explosives
The department may promulgate rules and regulations concerning the manufacture, transportation, sale, storage, or use of explosives and the maintenance of such explosives, and any other rules and regulations necessary to effectuate this chapter. In order to carry out the purposes of this chapter, the commissioner or the commissioner’s authorized representative may enter, without delay […]
§ 68-105-117. Administrative Responsibility to the Department of Commerce and Insurance
Construction and administration of examinations, forms, applications, etc., necessary for the administration of this chapter is the responsibility of the department.
§ 68-105-118. Nonrenewal, Revocation, or Suspension of Registration or Application
The department may refuse to issue or renew, and revoke or suspend any registration or application if any registrant or applicant: Has violated any provision of this chapter or any other state or federal law relating to explosives, or has violated any regulation duly promulgated by the department; Has misrepresented or concealed any material fact […]
§ 68-105-119. Creation of Advisory Council — Membership and Terms — Role of Advisory Council
There is created in the department an advisory council on the commercial explosives industry. The advisory council shall consist of twelve (12) members. The term of each member shall be three (3) years. Membership shall include manufacturers, distributors and users of commercial explosives who are engaged in commercial mining, construction and demolition activities. A minimum […]
§ 68-105-120. Exceptions. [See Contingent Amendment and the Compiler’s notes.]
Nothing contained in this chapter shall apply to: Personnel of the military or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official capacities and in the performance of their official duties; Personnel of law enforcement entities, so […]