{"data":{"id":"us-ky/krs-351.330","jurisdiction":"us-ky","citation":"KRS 351.330","heading":"Requirements governing blasting operations.","body":"(1) Blasting of explosives for use in the neighborhood of any public highway, stream of\nwater, dwelling house, public building, school, church, commercial or institutional\nbuilding, pipeline, or utility shall be done in accordance with the provisions of this\nsection, and rules and regulations promulgated by the department.\n(2) Where necessary in a blasting operation, the department may require that the\noperator submit a blasting plan to the department for approval.\n(3) In all blasting operations, except as here inafter otherwise provided, the maximum\npeak particle velocity of the ground motion in any direction shall not exceed two (2)\ninches per second at the immediate location of any dwelling house, public building,\nschool, church, commercial or institutional bu ilding, and the particle velocity at\nsuch location immediately after a period of one (1) second following the peak\nparticle velocity produced by any charge shall not continuously exceed one -half\n(1/2) inch per second.\n(4) Blasting operations without instru mentation will be considered as being within the\nlimits set forth in this subsection if such blasting operations are conducted in\naccordance with rules and regulations of the department establishing the maximum\namount of explosives to be used in a single c harge and in a single subcharge within\nspecified distances from any location provided by subsection (1) of this section. No\nmore than 40,000 pounds of explosives may be used in any charge except with the\napproval of the commissioner. Regulations promulgated by the department pursuant\nto this subsection shall be in such terms that compliance therewith will assure\ncompliance with the provisions of subsection (3) of this section.\n(5) No two (2) consecutive subcharges containing the maximum permitted by the\ndepartment pursuant to this subsection shall have a detonation time separated by\nless than eight (8) milliseconds, except that if the amount of explosive used in any\nsubcharge is less than maximum permitted by the department pursuant to subsection\n(4) of this section, the time delay between detonation times may be decreased in the\nsame ratio.\n(6) Any blasting operation may be conducted without reference to any maximum\namount or period provided by or pursuant to subsection (4) of this section if the\noperator of such blasting operation demonstrates by instrumentation that maximum\nparticle velocity of the ground motion in any direction does not exceed the limits\nprovided in subsection (3) of this section.\n(7) Instruments for determining particle velocity as set fo rth in this subsection shall be\nlimited to such specific types of devices as shall have been expressly approved by\nthe department and the commissioner or his duly authorized agent may enter upon\nany premises for the purpose of conducting or supervising any  necessary\ninstrumentations provided by KRS 351.315 to 351.375.\n(8) When blasting operations are contemplated which would result in ground vibrations\nthat would have a particle velocity in any direction in excess of two (2) inches per\nsecond at the immedia te location of any dwelling house, public building, school,\nchurch, commercial or institutional building, blasting operations may proceed after\nreceiving written consent from the property owner or owners affected.\n(9) When blasting operations, other than t hose conducted at a fixed site as a part of any\nindustry or business operated at such site, are to be conducted within the vicinity of\na pipeline or public utility, the blaster or person in charge of the blasting operations\nshall take due precautionary mea sures for the protection of the pipeline or utility,\nand shall give adequate notice to the owner or his agent that such blasting\noperations are intended. The blaster shall be subject to regulations promulgated by\nthe department concerning such a blasting operation.\n(10) Blasting operations near streams shall be prohibited in all cases where the effect of\nthe blasting is liable to change the course or channel of any stream without first\nobtaining a permit from the department which has been approved by the Division of\nWater in the Energy and Environment Cabinet.\n(11) Blasting operations shall not be conducted within eight hundred (800) feet of any\npublic highway, unless due precautionary measures are taken to safeguard the\npublic.\n(12) Mudcapping in blasting operations shall be permitted only where it would endanger\nthe safety of the workers to drill the rock or material to be blasted. If mudcapping is\nnecessary, no more than ten (10) pounds of explosives shall be used for each charge.\n(13) When the use of deto nating cord would cause severe air blast the department may\ncause all trunk lines to be covered by five (5) to six (6) inches of loose earth.\n(14) In blasting operations, flying rocks shall not be allowed to fall greater than one -half\n(1/2) the distance be tween the blast and a dwelling house, public building, school,\nchurch, or commercial or institutional building. Protective material shall be used to\ninsure this limit.\n(15) When a blast is about t o be fired, ample warning shall be given to allow all persons\nto retreat to a safe place, and care shall be taken to ascertain that all persons are in\nthe clear. Each operator shall follow a definite plan of warning signals that can be\nclearly seen or hear d by anyone in the blasting area. The operator shall inform all\nemployees at the operation as to the established procedure.\n(16) No person shall use explosives in such manner that safety to persons or property is\nthreatened.\n(17) The two (2) -inch-per-second maximum peak particle velocity as specified in\nsubsections (3) and (8) of this section shall be construed as the threshold below\nwhich blasting damage is unlikely to occur. However, the department shall have the\nauthority to promulgate regulations requir ing more restrictive levels of maximum\npeak particle velocity when necessary to maintain consistency with federal statutes\nor regulations.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32955","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"2b7a0a2ba6ef0ed978341784eba99e27d23c4d3f661cfb521449c6d5459c2719","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.325","next":"us-ky/krs-351.335"},"notice":"GroundRules: Original legal text. Not legal advice."}