351.367 Permit to purchase, receive, or take possession of explosives -- Procedures -
397 words·~2 min read·
/ky/351-367A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Restrictions -- Records.
(1)No person, firm, association, or corporation shall purchase, receive, or take
possession of explosives without first obtaining a permit from the department.
(2)The application for a permit to purchase, receive, or take possession of explosives
shall be on a form prescribed by the department and shall be accompanied by an
application fee of twenty dollars ($20). The application shall indicate the applicant's
name, address, type of business, the location at which the explosives will be used
and stored, and the purpose for which the explosives will be used. On those
operations for which licensed blasters or certified shotfirers are required, their
names and license numbers or certification numbers shall be included on the
application.
(3)Any person, firm, association, or corporation who procures a license from the
department to operate a coal or clay mine, pursuant to KRS 351.175, and who at the
time of application for license requests a permit to purchase, receive, or take
possession of explosives, shall be issued a permit by the department without cost to
the applicant.
(4)Permits to purchase, receive, or take possession of explosives shall be valid for a
period not to exceed one
(1)year from the date of issue and shall not be
transferable.
(5)Permits shall be issued only to those persons, firms, associations, or corporations
who have proper facilities to store explosives, or to those who provide to the
department a written plan documenting the manner in which any excess explosives
shall be handled and returned to proper storage facilities.
(6)Explosive materials shall not be sold, given, delivered, or transferred to any person
not possessing a valid permit to purchase or receive them.
(7)Anyone who sells, gives, or distributes explosives shall maintain accurate records
for each sale or gift of explosives, listing the name, address, and permit number of
the person or company receiving the explosives and the quantity and types of
explosives received.
(8)The commissioner may suspend a permit for a period of twenty
(20)days for due
cause; however, a permit may not be revoked until completion of a hearing, which
shall be conducted in accordance with KRS 351.345.
(9)Explosives which are transferred, sold, or distributed, for the purpose of resale, by a
registered explosive dealer or manufacturer to another registered dealer or
manufacturer shall be exempt from the provisions of this section.