{"data":{"id":"us-ky/krs-351.335","jurisdiction":"us-ky","citation":"KRS 351.335","heading":"Rules and regulations -- Authority of commissioner or his representative.","body":"(1) The department shall have the authority for promulgating regulations concerning the\nmanufacture, transportation, sale, storage, or use of explosives and unassembled\ncomponents of explosives including, but not limited to, airblasts, preblast surveys,\nand blasting schedules, and the maintenance of such explosives which has a direct\nbearing on safety to life and property, and any other rules and regulations necessary\nto effectuate the provisions of KRS 351.315 to 351.375 or which are consistent with\nthe provisions of the Federal Surface Mining Control and Reclamation Act of 1977,\nand amendments thereto, pertaining to blasting or explosives, or any rule or\nregulation promulgated thereunder pertaining to blasting or explosives. No portion\nof KRS 351.315 to 35 1.375 shall apply in any manner to the manufacture,\ntransportation, sale, storage, possession, or use of:\n(a) Loaded ammunition for use in small arms or other weapons; or\n(b) Propellant powders for use in small arms or other weapons; or\n(c) Primers for small arms ammunition; or\n(d) Any other component part of small arms ammunition; or\n(e) Tools, equipment, or devices for the manufacture of small arms ammunition;\nor\n(f) Grades of blackpowder suitable primarily for use in firearms.\n(2) To promote compatible, uniform, and consistent laws and regulations concerning\nblasting, all local ordinances, rules, and regulations concerning blasting and\nexplosives promulgated by units of local government within the Commonwealth\nshall be reviewed and approved, by the depart ment, prior to implementation. Any\nnot so approved shall be invalid. Any local ordinance, rule, or regulation in force on\nJune 19, 1976, shall become invalid, null, and void one hundred twenty (120) days\nafter June 19, 1976, unless it is submitted to the d epartment and is approved as\nbeing consistent with the provisions of this section.\n(3) In order to carry out the purposes of KRS 351.315 to 351.375, the commissioner or\nhis authorized representative shall have the authority:\n(a) To enter without delay and advance notice any place where explosives are in\nuse or stored or where blasting records are kept, during regular working hours\nand at other reasonable times in order to inspect such places, question any\nexplosive user or seller for the purpose of ascertai ning compliance or\nnoncompliance with KRS 351.315 to 351.375.\n(b) To administer oaths, take depositions, conduct hearings, take photographs,\nreview any and all blasting records, and secure any other evidence deemed\nnecessary to evaluate any safety hazard i n KRS 351.315 to 351.375 or\nregulations issued pursuant thereto.\n(4) If an explosive user or seller refuses such entry, then the commissioner or his\nauthorized representative may apply to the Franklin Circuit Court, or to the Circuit\nCourt within the county wherein the premises to be entered are located, for an order\nto enforce the right of entry.\n(5) If, during the course of a lawful inspection, the commissioner or his authorized\nrepresentative discovers explosives stored or kept in an unlawful manner and such\nunlawfully stored or kept explosives constitute an imminent and substantial danger\nto life or property, then the commissioner or his authorized representative may,\nupon proper affidavit before a magistrate with authority and jurisdiction to issue\nsearch warrants, obtain a warrant authorizing seizure of such unlawfully stored or\nkept explosives and thereby seize and store such explosives in a lawful and safe\nmanner.\n(a) No warrant pursuant to this section shall be issued unless the commissioner or\nhis a uthorized representative has made arrangements with public or private\nsources for the lawful and safe storage of the explosives to be seized.\n(b) No warrant pursuant to this section shall be issued upon an affidavit that does\nnot aver that an arrangement has been made between the commissioner or his\nauthorized representative and public or private sources for the lawful and safe\nstorage of the explosives to be seized.\n(c) No warrant pursuant to this section shall be issued upon an affidavit that does\nnot specifically state the place in which the explosives are to be stored in\nterms of city, county, street address, and name of person, company, or agenc y\naccepting the explosives for storage.\n(d) Any owner or person entitled to lawful possession of explosives seized\npursuant to this section shall be entitled to recovery of the seized explosives\nupon written or verbal notification to the commissioner or hi s authorized\nrepresentative stating his capability to lawfully and safely store the seized\nexplosives, and upon an inspection by the commissioner or his representative\nof his storage facilities and methods that reveals his capability to lawfully and\nsafely store the explosives.\n(e) The commissioner or his authorized representative shall make the inspection\nwithin five (5) days of receipt of said notification.\n(f) If the commissioner or his authorized representative receive no\ncommunication from the owner or  person entitled to lawful possession of the\nseized explosives within thirty (30) days after the seizure of such explosives,\nthen the commissioner or his authorized representative may dispose of the\nseized explosives in a safe and lawful manner.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32956","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"bcb1eaaf23e8a0da6d65134ada60833f771062ea58ad6c128678aebb4209e63e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.330","next":"us-ky/krs-351.340"},"notice":"GroundRules: Original legal text. Not legal advice."}