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Section 23-28.28-32. – Bond for blasting operations.

§ 23-28.28-32. Bond for blasting operations. (a) The applicant for a permit to possess or to use explosives shall file a bond with the state fire marshal in the penal sum of not less than fifty thousand dollars ($50,000), running to the state, with sureties approved by the state fire marshal, and with such conditions […]

Section 23-28.28-34. – Penalty for violations — Seizure of explosives.

§ 23-28.28-34. Penalty for violations — Seizure of explosives. (a) Any person who violates any provision of this chapter shall, upon conviction, be imprisoned for a term of not more than one year, or shall be fined not more than one thousand dollars ($1,000) or both. (b) The state fire marshal or his or her […]

Section 23-28.28-35. – Forfeiture of vehicles, vessels, or aircraft.

§ 23-28.28-35. Forfeiture of vehicles, vessels, or aircraft. (a) Any vehicle, vessel, or aircraft being used to transport any explosives as defined under this chapter shall be seized and forfeited to the state if that vehicle, vessel, or aircraft is not being used by a person licensed to blast or a permittee to transport or […]

Section 23-28.28-36. – Severability.

§ 23-28.28-36. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared […]

Section 23-28.28-37. – Notice to adjoining landowners.

§ 23-28.28-37. Notice to adjoining landowners. Prior to the commencement of blasting operations, any person, firm, corporation, or other entity that is regulated pursuant to the provisions of this chapter shall notify the owner or owners of record of any improved real property within five hundred (500′) feet, as measured from the nearest borehole to […]

Section 23-28.28-38. – Transportation of explosives.

§ 23-28.28-38. Transportation of explosives. (a) All vehicles and associated equipment used for the transportation of Class A or Class B explosives shall be subject to annual inspection by the state fire marshal’s office and a permit issued stating that the vehicle and associated equipment meets the requirements of N.F.P.A. 495. There shall be a […]

Section 23-28.28-4. – Dealers’ permits.

§ 23-28.28-4. Dealers’ permits. (a) Application for permits to engage in the business of dealing in explosives other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers, smokeless powder, and black powder for small arms shall be made to the state fire marshal in such form as the state fire marshal […]

Section 23-28.28-5. – Permit to possess explosives.

§ 23-28.28-5. Permit to possess explosives. (a) Application for a permit to possess explosives, other than empty cartridge shells (primed), percussion caps, small arms ammunition, small arms primers and smokeless powder for small arms, or black powder in excess of five (5) pounds shall be made in writing to the state fire marshal in such […]

Section 23-28.28-6. – Permit to use explosives.

§ 23-28.28-6. Permit to use explosives. Permit shall mean the authority granted by the state fire marshal, in writing, to use explosives. A permit for the use of explosives shall not be issued to any individual except those duly licensed and duly qualified to possess explosives by the state fire marshal. The state fire marshal […]

Section 23-28.28-7. – Application for use permit — Emergency permit.

§ 23-28.28-7. Application for use permit — Emergency permit. The applicant must submit application to the state fire marshal, on a form issued by the state fire marshal, at least seventy-two (72) hours prior to the requested blast time. In the case of an emergency (an unforeseen hindrance that impedes the progress of a job […]

Section 23-28.28-8. – Quarry operations and repeated blasting.

§ 23-28.28-8. Quarry operations and repeated blasting. The state fire marshal may issue, in the case of quarry or repeated blasting on a specific site or project, a permit to use explosives up to a maximum of one year from the date of issue or the length of the project, whichever sooner expires. History of […]

Section 23-28.28-9. – Standards for use of explosives.

§ 23-28.28-9. Standards for use of explosives. (a) All licensees under this chapter, when using any explosives, shall not exceed the standards of distance, amount of charge, maximum earth vibration, and maximum air shock as set forth in the United States department of the interior bureau of mines report of investigators number 8507 which is […]