It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-28.28-9, 23-28.28-31 and 23-28.28-32 of the General Laws in Chapter 23-28.28 entitled "Explosives" are hereby amended to read as follows:

{ADD 23-28.28-9. Standards for use of explosives. -- ADD} {ADD (A) ADD} All licensees under this chapter, when using any explosives, shall not exceed the standards of distance, amount of charge, maximum earth vibration, and maximum air shock as set forth in the {DEL United States bureau of mines bulletin no. 442 DEL} {ADD United States department of the interior bureau of mines report of investigators number 8507 which is entitled "Structure Response and Damage Produced by Ground Vibration from Surface Mine Blasting", ADD} and any amendment and/or modifications thereof, which standards are incorporated herein by reference.

{ADD (B) BLASTING LIMITS. -- ADD} {ADD No licensee shall use an explosive weight in pounds per delay in excess of the formula of the distance to the nearest structure in feet, divided by the factor of seventy (70), multiplied by itself, [W=(D/70) squared], except when seismograph monitoring as set forth in subsection 23-28.28-9(C). ADD}

{ADD (C) SEISMOGRAPH REQUIRED. -- ADD} {ADD Each licensee shall be required to perform a seismograph test at the nearest structure to the blast prior to and during any blasting that would exceed the limits as set forth in subsection 23-28.28-9(B). ADD}

{ADD (D) SEISMIC LIMITS. -- ADD} {ADD At the structure nearest to the blast, the peak particle velocity in any direction at frequencies between 2.5 and 10 Hertz shall not exceed 0.5 inches per second, and at each frequency, f, greater than 10 Hertz, the peak particle velocity shall not exceed 0.05f inches per second up to a maximum of 2 inches per second. In addition, at the nearest structure no air-shock (sound) reading shall exceed one hundred and thirty four (134) decibels using a 0.1-Hz, high-pass system, or exceed one hundred and thirty-three (133) decibels using a 2-Hz high-pass system or exceed one hundred and twenty-nine (129) decibels using a 5-Hz or 6-Hz high-pass system.

If the licensee is blasting within the allowed limits as dictated under subsection 23-28.28-9(B), but is found in excess of the seismic limits of this subsection, the licensee shall reduce the amount of explosives per delay, or adjust the operation to comply with the limits as dictated by this subsection. ADD}

{ADD 23-28.28-31. License to conduct blasting operations. -- ADD} (a) No person shall conduct blasting operations unless he or she holds a license issued by the state fire marshal. Any person desiring to obtain a license to conduct blasting operations shall make application to the state fire marshal. A non-returnable fee of ten dollars ($10.00) shall accompany each application; five dollars ($5.00) of which shall be for processing the application and five dollars ($5.00) for the examination. There shall be a fifty dollar ($50.00) fee for the license if issued. The application shall be in such form and contain such information as the state fire marshal may require. Within three (3) months after the date of receipt of his or her application, the applicant shall be examined as to his or her experience and ability to conduct blasting operations and, if found by the examiner to be qualified, he or she shall forthwith be issued a license. The license shall expire on June 30 of each year and may be renewed after its expiration without examination upon a payment fee of fifty dollars ($50.00). A holder of a license to conduct blasting operations whose license is lost, misplaced, or stolen may obtain a duplicate license from the state fire marshal upon payment of {DEL two DEL} {ADD ten ADD} dollars {DEL ($2.00) DEL} {ADD ($10.00) ADD}.

(b) Persons holding a valid {DEL Massachusetts or Connecticut DEL} {ADD out-of-state ADD} blasting certificate of competency shall be {DEL exempt from written examination but shall be DEL} subject to all {DEL other examination required DEL} {ADD the requirements ADD} under this chapter.

(c) The state fire marshal is empowered to deny or immediately suspend or revoke the license of any holder found to be in violation of this law {ADD or any provision of chapter 23-28.28 ADD} or rule or regulation related to explosives or has been convicted of arson at common law, or statutory burning involving the property of another.

(d) All fees collected pursuant to this section shall be placed in the fee account established under 23-28.2-25.

{ADD (e) No person shall be permitted to work with blasting explosives unless he or she possesses a valid blasting license or possesses an apprentice permit and work under direct supervision of a licensed blaster. ADD}

{ADD (f) An apprentice permitee shall be required to be employed by a licensed blaster for a period of not less than 18 months prior to eligibility for examination. If the apprentice fails the examination, a re-examination can be given not less than 183 days after the last examination date. A non-refundable fee of twenty-five dollars ($25.00) shall accompany each application for processing and issuance of each apprentice permit. ADD}

{ADD 23-28.28-32. Bond for blasting operations. -- ADD}

{ADD (a) ADD} The applicant for a permit to possess or to use explosives shall file a bond with the state fire marshall in the penal sum of {ADD not less than ADD} fifty thousand dollars ($50,000), running to the state, with sureties approved by the state fire marshall, {ADD and with such conditions as the state fire marshal shall reasonably deem necessary ADD} and for such additional penal sums as the state fire marshal shall determine to be necessary to cover the losses, damages, or injuries that might ensue to persons or property by reason thereof.

{ADD (b) In addition to the requirement of section (a) hereof, prior to the use of explosives for demolition or prior to the issuance of a demolition permit, the local building inspector may require the applicant to file a bond with the locality in such amount, with such sureties and upon such conditions as the local building inspector may reasonably deem necessary. ADD}

{ADD (c) Any person may recover on such bonds as described herein for injury to his person or property. ADD}

SECTION 2. This act shall take effect upon passage.