[Ord. No. 19-036, 5-13-2019]
This Chapter outlines the licensure requirements for individuals
engaging in the performance and/or oversight of Blasting Work, and
the procedures and fees related to the administration and enforcement
of said requirements.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise provided for in this Chapter, the Fire Code of St. Charles County, codified in Section 500.400 of the Ordinances of St. Charles County, Missouri (OSCCMo), as amended; the Explosives Code of St. Charles County, codified in Chapter 635, OSCCMo, as amended; along with Sections 319.300 to 319.345, RSMo., as amended; and any and all regulations issued pursuant to these Statutes by the Missouri Department of Public Safety shall govern the administration and enforcement of this Chapter.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise expressly stated in this Chapter, the following
words and terms shall have the following meanings when used in this
Chapter.
An individual at least twenty-one (21) years of age who is
or works under the oversight of a Licensed Blasting Contractor.
Any work subject to applicable Code standards set in Section 637.010 of this Chapter, including the design, installation, construction, maintenance, service, repair, alteration, or modification of explosives qualified under this Chapter or the Explosives Code of St. Charles County, Chapter 635, OSCCMo.
The Director of the St. Charles County Division of Building
and Code Enforcement of the Department of Community Development or
a duly authorized representative of the Director.
Any individual who holds a Blasting Contractor License issued
pursuant to this Chapter by St. Charles County and is charged the
responsibility to perform and/or oversee Blasting Work.
Any individual who holds a Blasting Contractor License issued
pursuant to this Chapter.
Any agency of the State of Missouri or any political subdivision
of the State.
[Ord. No. 19-036, 5-13-2019]
A.
The Code Official shall:
1.
Adopt certain rules and regulations to ensure the proper administration
and enforcement of this Chapter;
2.
Conduct investigations into all complaints against any Licensee;
3.
Suspend, revoke, refuse to renew, or place on probation the license of any Licensee who fails to correct any violations of this Chapter or of any applicable Code standard set out in Section 637.010 of this Chapter;
4.
Activate bonds to cover the cost for any work performed by a Licensee that does not meet minimum requirements of any applicable Code standard set out in Section 637.010 of this Chapter; and
5.
Review applications pursuant to this Chapter, ensure applicants
have a valid blaster's license issued by the State of Missouri,
and issue Blasting Contractor Licenses to applicants who comply with
the requirements provided in this Chapter.
[Ord. No. 19-036, 5-13-2019]
Subject to Section 637.050 of this Chapter, an individual must have a Blasting License issued pursuant to this Chapter to engage in business as a Licensed Blasting Contractor or to detonate explosives for blasting purposes in unincorporated St. Charles County or in any incorporated area of the County whose governing body has consented to contract with the County to enforce any applicable Code standard set out in Section 637.010 of this Chapter. No Licensee may allow any other individual to use his or her license for any purpose, except as provided in Section 637.050(A) of this Chapter. An individual who is also registered pursuant to Chapter 327, RSMo., as an architect or professional engineer trained and qualified in the storage, design, handling, or use of explosives is not exempt from the Blasting Contractor License requirements when performing and/or overseeing Blasting Work, subject to the exceptions to the licensure requirements contained in Section 637.050 of this Chapter.
[Ord. No. 19-036, 5-13-2019]
[Ord. No. 19-036, 5-13-2019]
A.
To obtain a Blasting Contractor License, an applicant must meet the
following minimum requirements:
1.
The applicant must be at least twenty-one (21) years of age;
2.
The applicant must make application to the Code Official in
a format prescribed by the Code Official;
3.
The applicant must meet all requirements specified by this Chapter
and by rules and regulations promulgated by the Code Official;
4.
The applicant must pay the appropriate processing fees required
by the Code Official; and
5.
The applicant must furnish proof of a valid blaster's license
as provided by Sections 319.300 to 319.345, RSMo.
[Ord. No. 19-036, 5-13-2019]
A.
All applicants who meet the requirements for licensure in Sections 637.060 of this Chapter shall be issued the appropriate license. However, the Code Official may deny a license if the applicant has:
1.
Committed any act which, if committed by a Licensee, would be grounds for suspension or revocation of the license pursuant to Sections 637.030(A)(3) and 637.120 of this Chapter;
2.
Previously been denied a license for cause, or previously had
a license revoked for cause; or
3.
Knowingly made any false statement or misrepresentation on the
application for a license.
B.
Any individual aggrieved by a decision of the Code Official under
this Section may appeal to the St. Charles County Building Commission
and introduce any evidence in his or her defense. Any individual whose
application for a license has been denied may reapply for such a license,
but no sooner than one (1) year after the date of denial.
[Ord. No. 19-036, 5-13-2019]
All current holders of blasters licenses issued by St. Charles County shall be subject to all provisions of this Chapter, except that such individuals are exempt from this Chapter's testing requirements, unless their licenses expire without being renewed as required by Section 637.090 of this Chapter. The Code Official may prorate renewal fees for the purposes of extending the expiration date of licenses for existing blasters to correspond with the renewal periods enumerated in Section 637.090.
[Ord. No. 19-036, 5-13-2019]
The Code Official shall renew or issue such Blasting Contractor Licenses in active status for two-year terms beginning on the first day of January in odd-numbered years and ending on the last day of December in the following even-numbered year. To renew any such license, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for renewal along with the payment of the renewal fee enumerated in Section 637.110 of this Chapter. Late applications for renewal shall be accepted until, but no later than, March 31st with payment of late fees imposed in Section 637.110(C).
[Ord. No. 19-036, 5-13-2019]
In lieu of renewing a license in active status as provided by Section 637.090 of this Chapter, a Licensee may apply for inactive license status for two-year terms, beginning and ending as provided in Section 637.090. A Licensee who obtains inactive license status may perform no Blasting Work under the inactive license. To apply for inactive license status, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for inactive license status along with the required application fees. A Licensee who is on inactive status may change his or her license to an active status by applying for renewal as provided by Section 637.090. A Licensee who has a license in an inactive status for more than two (2) renewal periods must provide evidence of continued competency, as approved by the Code Official, to change his or her license to an active status.
[Ord. No. 19-036, 5-13-2019]
A.
The Code Official shall collect the following fees:
1.
Blasting Contractor License initial application fee of twenty-five
dollars ($25.00) per application;
2.
Blasting Contractor License active status fee of two hundred
dollars ($200.00) per license for two (2) years; and
3.
Blasting Contractor License inactive status fee of fifty dollars
($50.00) to renew a license in an inactive status for two (2) years.
B.
The Code Official may prorate the fees enumerated in Subparagraph
(A)(2) of this Section when first issuing licenses or when reactivating
licenses on inactive license status.
C.
The Code Official shall collect the following additional fees for
expired licenses when the application to renew is received after the
expiration date:
D.
A Licensee who fails to renew his or her license before April of the year following expiration shall pay an additional one hundred dollars ($100.00) to reactivate the license in addition to any fees required in Section 637.110(A). A Licensee who reactivates his or her license per this Subsection is not required to pay any of the fees listed in Section 637.110(C) with the reactivation fee.
[Ord. No. 19-036, 5-13-2019]
A.
The Code Official may make investigations and conduct hearings and,
upon its own investigation or a complaint in writing, signed and verified
by the complainant, suspend, refuse to renew, or revoke any Blasting
Contractor License (including a license on inactive license status)
if the Code Official finds that the Licensee has:
B.
Any individual aggrieved by a decision of the Code Official under
this Section may appeal to the St. Charles County Building Commission
and introduce any evidence in his or her defense. Any individual whose
Blasting Contractor License has been revoked or who has been refused
renewal of his or her Blasting Contractor License may reapply for
such a license, but no sooner than one (1) year after the date of
revocation or refusal to renew.
[Ord. No. 19-036, 5-13-2019]
All individuals licensed under this Chapter shall be required
to maintain on file with the Code Official a certificate of insurance
evidencing liability insurance coverage in the amount of one million
dollars ($1,000,000.00) per incident. This insurance must be kept
in force at all times, and the certificate holder shall be listed
as St. Charles County. Failure to maintain such insurance shall result
in revocation or suspension of license.
[Ord. No. 19-036, 5-13-2019]
Upon notice from the Code Official that work is being performed contrary to provisions of this Chapter, such work shall be immediately stopped. The stop work order shall be in writing; shall be given to the owner of the property involved, or to that owner's agent, and to the individual doing the work; and shall state the conditions under which work will be permitted to resume. Any individual who shall continue any work in violation of the provisions of this Chapter after having been served with a stop work order shall be liable to a fine as provided by Section 637.150 of this Chapter, which fine shall be not less than two hundred fifty dollars ($250.00).
[Ord. No. 19-036, 5-13-2019]
Any individual who violates any provision of this Chapter, or
of any rule, regulation, order or license issued pursuant to this
Chapter may, in accordance with the regulations issued by the Code
Official, be assessed an administrative penalty by the Code Official.
The penalty shall not exceed the amount of two hundred fifty dollars
($250.00) for each violation. Each day a violation continues may be
deemed a separate offense. However, no administrative penalty may
be assessed until the individual charged with the violation has been
given notice of the violation and the opportunity for a hearing by
the St. Charles County Building Commission. Alternatively, St. Charles
County may institute legal action against any individual who violates
a provision of this Chapter, or of any rule, regulation, order or
license issued pursuant to this Chapter. Any such individual shall
be guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00). Each day that a violation continues
shall be deemed a separate offense.
[Ord. No. 19-036, 5-13-2019]
Enforcement of this Chapter shall be the responsibility of the
County Counselor.
