(a) Unless otherwise exempted by this chapter, no person shall detonate explosives in any blasting operation, unless the person is registered with the department.
Terms Used In Tennessee Code 68-105-106
ATF: means the bureau of alcohol, tobacco, firearms, and explosives of the United States department of justice. See Tennessee Code 68-105-102
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
Charge: means a quantity of explosives that is to be detonated within a segregated position in the blast design. 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
Contract: A legal written agreement that becomes binding when signed.
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
Handler: means a person qualified by reason of training, knowledge, experience and registration to accept custody and possession of explosives in blasting operations. See Tennessee Code 68-105-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Letter of denial: means a written notification from the ATF indicating that an individual is not approved to possess, use, manufacture, distribute, transport, or direct the use or management of explosives. See Tennessee Code 68-105-102
Limited blaster: means a person qualified by reason of training, knowledge, experience and registration to:(A) Fire or detonate not more than five (5) pounds of explosives per blast in surface blasting operations. See Tennessee Code 68-105-102
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
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The minimum requirements for registration are the following:
(1) Previous practical experience, obtained under the supervision of a registered, experienced blaster, the adequacy of which is at the discretion of the commissioner;(2) 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(3) 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.(c) 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.(d) No person shall be eligible for registration who does not understand, speak and write the English language.(e) The department shall have three (3) classifications of registration: “blaster’s registration;” “limited blaster’s registration;” “handler’s registration.”(f) 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 in surface blasting operations, or use explosives as a blaster in underground mining operations.(g) 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.(h) Applications for registration shall be in writing upon a form furnished by the department and shall be accompanied by a nonrefundable application fee.(i) 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.(j) 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.(k) 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.(l) 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.(m) All fees provided in this section shall be set by the department by rule, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(n) Blasting firms shall submit any letter of denial received from the ATF to the state fire marshal within five (5) calendar days of receipt.
