Section 8-17-240 – Short Title.
Section 8-17-240 Short title. This article shall be known and may be cited as the “Alabama Explosives Safety Act of 1993.” (Acts 1993, No. 93-713, p. 1391, §1.)
Section 8-17-241 – Definitions.
Section 8-17-241 Definitions. The following words and phrases used in this article shall have the following meanings: (1) ACT. Alabama Explosives Safety Act of 1993. (2) BLAST. The firing or detonating of explosives. (3) BLASTER. A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who […]
Section 8-17-242 – Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment.
Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing of equipment. (a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or in […]
Section 8-17-243 – Blaster Certification.
Section 8-17-243 Blaster certification. (a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has obtained certification from the office. (b) The […]
Section 8-17-244 – Refusing, Suspending, Revoking, or Failing to Renew Certification.
Section 8-17-244 Refusing, suspending, revoking, or failing to renew certification. (a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification: (1) Has violated this […]
Section 8-17-245 – Office May Reissue Certification Card.
Section 8-17-245 Office may reissue certification card. In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met. (Acts 1993, No. 93-713, p. 1391, §6.)
Section 8-17-246 – Records to Be Maintained on Blasting Operations.
Section 8-17-246 Records to be maintained on blasting operations. (a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office. (b) It is unlawful for any person to make any false entry in any record required to be kept by this section. (Acts 1993, No. 93-713, p. […]
Section 8-17-247 – Blasting Contractor License.
Section 8-17-247 Blasting contractor license. (a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasting contractor in this state shall […]
Section 8-17-248 – Municipal Explosives Use Permit.
Section 8-17-248 Municipal explosives use permit. (a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority for the municipal explosives use permit shall be the […]
Section 8-17-249 – Suspension or Revocation of Certification or License for Certain Actions.
Section 8-17-249 Suspension or revocation of certification or license for certain actions. (a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud or deceit in obtaining a certification or license, or gross negligence, incompetence, or gross misconduct in the conduct […]
Section 8-17-250 – Variations From Requirements.
Section 8-17-250 Variations from requirements. (a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations: (1) Are reasonable and necessary. (2) Will not hinder the effective administration of the article. (3) Will not be […]
Section 8-17-251 – Article Preempts Certain Ordinances and Regulations.
Section 8-17-251 Article preempts certain ordinances and regulations. This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating blasting or […]
Section 8-17-252 – Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief.
Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil action for relief. (a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or […]
Section 8-17-253 – Penalty for Violation of Act.
Section 8-17-253 Penalty for violation of act. Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation. (Acts 1993, No. 93-713, p. 1391, §14.)
Section 8-17-254 – Exceptions.
Section 8-17-254 Exceptions. (a) Nothing contained in this article shall apply to: (1) Personnel of regular law enforcement agencies, 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 official […]
Section 8-17-255 – Disposition of Funds.
Section 8-17-255 Disposition of funds. All sums received through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State Treasury and credited to the State Fire Marshal’s Fund authorized by Section 36-19-31. This fund shall be available to the State Fire Marshal for […]
Section 8-17-256 – Determining Compliance With Article.
Section 8-17-256 Determining compliance with article. In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance notice. Upon entry, the person or persons […]