(a) The use of explosives for the purpose of blasting in the neighborhood of a 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, must be done in accordance with this chapter and the rules promulgated by the department.
Terms Used In Tennessee Code 68-105-103
Blast: means the act of detonating explosive materials joined by a shared initiation system and a single firing device. See Tennessee Code 68-105-102
Blaster: means a person qualified by reason of training, knowledge, experience and registration to fire or detonate explosives in blasting operations. See Tennessee Code 68-105-102
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. See Tennessee Code 68-105-102
Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-105-102
Delay: means a period of time until detonation after application of energy to the ignition system. See Tennessee Code 68-105-102
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. See Tennessee Code 68-105-102
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. See Tennessee Code 68-105-102
Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
Person: means an individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or other entity whatsoever. See Tennessee Code 68-105-102
Scaled distance: means the actual distance in feet divided by the square root of the maximum charge weight per delay period, in pounds. See Tennessee Code 68-105-102
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)(1) Except as provided in subdivision (b)(9), in all instances other than as provided in subdivision (c)(1), the person who will be conducting blasting operations shall give notice to the department of the exact location a blast or blasts will occur. The notice must be made, in such manner as required by the commissioner, at least seventy-two (72) hours before the blasting operations commence.(2) The notice must include a beginning and ending date for the blasting.(3) Additional notification is not required for blasts that are to occur during the period of time included in the notice.(4) If a public utility provider requires blasting to restore services in unusual circumstances, then the public utility provider, or the provider’s designated contractor, may begin blasting operations prior to notifying the department as long as the notice is provided as soon as possible.(5) If the blasting operation is in a permanent location such as, but not limited to, a commercial quarry, mine, or cemetery that has recurring blasting operations, the requirements of this subsection (b) are met if the person who will be conducting the blasting operations files a one-time notice of the location with the department.(6) The department:
(A) May assess a fine of one hundred dollars ($100) for a first violation of failing to file a required notice; and(B) Shall assess a fine of five hundred dollars ($500) for a second or subsequent violation of failing to file a required notice; provided, for good cause shown, the commissioner may waive the payment of the fine.(7) The department shall retain the fines imposed and collected pursuant to this subsection (b) to defray the cost of administering and enforcing this chapter. The fines collected pursuant to this subsection (b) do not revert to the general fund.(8) By March 1 of each year, the commissioner shall file an annual report with the chair of the commerce committee of the house of representatives and the chair of the commerce and labor committee of the senate providing information in sufficient detail for the committees to determine whether the fines established pursuant to subdivision (b)(6) are sufficient to ensure the notifications are being timely filed with the commissioner.(9) A person conducting blasting operations is not required to file notice pursuant to this subsection (b) if the person utilizes five (5) pounds or less of explosives per blast.(c)(1) If blasting operations are to be conducted within one hundred feet (100′) of a pipeline distributing manufactured, mixed, or natural gas, or within two hundred feet (200′) of an interstate pipeline distributing liquefied or liquid petroleum, then the person who will conduct the blasting operations shall notify the department and the utility company having control of the pipeline at least three (3) full working days, except Sundays and holidays, prior to blasting. If blasting operations are to be conducted on a single project for a period of more than one (1) day, then a single notification of intention constitutes compliance with this subdivision (c)(1).(2) If blasting operations are to be conducted at the immediate location of a dwelling house, public building, school, church, commercial or institutional building that would result in ground vibrations having a particle velocity exceeding the limits provided by this chapter, then the blasting operations may proceed after receiving written consent from the property owner or owners affected.(3) If the standard table of distance is exceeded, that is, a scaled distance that is less than fifty (50), then the blaster must provide notice to all structures in that area.(d) A blaster shall give ample warning when a blast is about to be fired to allow all persons to retreat to a safe place, and shall take care to ascertain that all persons are in the clear. Each blaster shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The blaster shall inform all persons in the proximity of the established procedure, and shall take additional precautions when entry into the area is not easily denied.(e) Blasting operations must not be conducted within close proximity of a public highway, unless reasonable precautionary measures are taken to safeguard the public.(f) If blasting is to be done in congested areas or in proximity to a structure, railway, or highway, or another installation that may be damaged, then the blaster must take special precautions in the loading, delaying, initiation, and confinement of each blast with mats or other methods so as to control the throw of fragments, and thus prevent bodily injury or property damage.(g)(1) A person conducting blasting operations in the vicinity of a pipeline as described in subdivision (c)(1) shall use:
(A) A blast hole drilling pattern and blast initiation procedure that will provide the greatest relief possible in the direction away from the pipeline; and(B) A type of explosive designed to limit propagation between blast holes.(2) Blasting operations in the vicinity of a pipeline as described in subdivision (c)(1) must be conducted as follows:
(A) The blast depth in the initial excavation must be limited to the elevation of the top of the pipeline, plus one-half (½) of the distance from the nearest blast hole to the pipeline;(B) Subsequent excavations when approaching the pipelines must be limited to one-half (½) the horizontal distance from the nearest blast hole to the pipeline;(C) Under the conditions described in subdivision (g)(1), the diameter of the blast hole must not exceed three inches (3″), and only one (1) blast hole may be fired per delay;(D) If a free face has been established to the finished depth of the trench, then subdivisions (g)(1) and (2) do not apply;(E) Monitored blasting must not exceed two inches (2″) per second peak particle velocity as measured by a seismograph at a liquid petroleum pipeline or four inches (4″) per second peak particle velocity as measured by a seismograph at all other pipelines as described in subdivision (c)(1); and(F) A pipeline owner or operator seeking more restrictive vibration limits shall apply to the department under § 68-105-109(f), and indicate on the application the desired limit, in inches per second.(3) If blasting is to be done in the vicinity of other utility lines, then:
(A) The blaster shall take reasonable precautionary measures to protect the line; and(B) In the case of underground utilities, the blaster shall give notice to the department and the utility company at least seventy-two (72) hours in advance of the blasting operation.
