HAR §12-58-1. Certificates of fitness for explosives

(a) No person shall possess, deal, or store explosive materials, which includes dealing, storing or conducting an operation or activity requiring the use of explosive materials or performing or supervising the loading and firing of explosives, without first obtaining a certificate of fitness. A certificate of fitness shall not be required of persons engaged in the handloading of small arms ammunition for personal use involving smokeless propellants in quantities not exceeding twenty five pounds. (b) Every person conducting an operation or activity requiring the use of explosive materials shall be responsible for the results and any other consequences of any loading or firing of explosive materials and shall insure that the loading and firing are performed or supervised by a person possessing a certificate of fitness. (c) Explosive materials shall not be sold, given, delivered, or transferred to any person not in possession of a valid certificate of fitness. (d) Certificate of fitness. (1)A certificate of fitness authorizes a person to supervise and perform the loading and firing of explosive materials as well as store or deal in explosives. (2)The applicant for a certificate of fitness shall be: (A) At least twenty one years of age; (B) In adequate physical and mental condition to perform the work required; (C) Able to understand and give written and oral orders; (D) Free of addiction to narcotics, alcohol, or dangerous drugs; (E) Able to demonstrate adequate training and experience in the use of explosives and blasting in the class of certificate of fitness for which an application is made; and (F) Qualified by reason of training, knowledge, and experience in the field of transporting, storing, handling, and use of explosives. (3) The applicant for a certificate of fitness shall have: (A) A working knowledge of the content of state and local laws and §12-58-1 2 regulations which pertain to explosives; (B) A minimum of two years experience (and eight displays for pyrotechnicians) within the class of certificate for which an application is made under the supervision of an individual who possesses a related certificate of fitness or an equivalent certificate issued by any other state, city, county, or the federal government which is issued on the satisfaction of requirements similar to those listed in paragraph (2) above, and written confirmation to substantiate the experience; and (C) Two written references from persons who are licensed powdermen or pyrotechnic operators that have been licensed for at least one year. Personnel who are regularly employed in quarry operations and frequently use explosives may be considered experienced after one year if, in the opinion of the director, the experience gained is proven to be equivalent to two years in normal operations. (4) Applicants shall authorize the release to the department of current, to within six months, criminal history records from their resident state, as well as authorize the release of related police, probation, department of the attorney general, or other source of criminal records. Applicants must arrange for the criminal history records to be received by the department at the time they wish the application to be reviewed. Applications without current criminal history records are deemed incomplete and shall not be reviewed. Any recognized national criminal history record check, such as that of the Federal Bureau of Investigation (FBI), will be acceptable to the department. (5) The applicant shall submit an application along with the documentation supporting the requirements of paragraphs (2) through (4). Any information omitted on the application or failure to submit required documentation shall be cause for denial of the application. (6) All complete applications consisting of the requirements in paragraphs (2) through (5), shall be submitted to the director at the address specified on forms provided by the director. Complete applications will be reviewed and all applicants will be notified within four months of submission whether the applicant qualifies to take the certificate of fitness examination. Complete applications that qualify the applicant to take the certificate of fitness examination are valid for six months from the date the application is received. Qualifying applicants will be informed of the date, time, and location of the examination. Certificate of fitness examinations will be held on the last Wednesday of every month, if the last Wednesday in the month is a holiday then the examination will be held on the Monday of that week. Applicants must present valid local, state, or federal photograph identification (e.g., driver’s license, military identification, etc.) at the time of the examination for admittance. (7) Upon notification of the certificate of fitness examination eligibility, the applicant must submit the non-refundable fee as required in section 12-56-4, at least three days before the scheduled examination date. Payments at the door will not be accepted. (8) Applicants will be notified on the same day of the examination, whether or not they have passed. Fingerprinting of the applicant by the department along with the applicant’s photographs must be submitted before the certificate of fitness can be issued. Photographs must be of passport size and quality, recent to within 6 months, and include full face and bust of the applicant. (9) The applicant for a certificate of fitness shall pass a qualifying written examination with a minimum passing score of seventy per cent. §12-58 3 (e) Any person who fails a qualifying examination may take a second examination using the same application not less than ninety days from the date of the first examination and not more than one hundred and fifty days from the date of the first examination. For second examinations, the initial application remains valid provided the first examination was taken within the six-month life of the application. (f) Classes of certificate of fitness are shown in table 58-1 below. TABLE 58-1 Class Category Description A Unlimited All types of blasting. B General All phases of blasting operations in quarries, open-pit mines, and above-ground construction. C Special Special blasting as described on the permit, such as quarries and open-pit mines only, underground only, demolition only, seismic prospecting only, pyrotechnics only, agriculture only, underwater only, special effects, cesspools, dry wells, or implosion of structures. (g) Protection of certificates. (1) The certificate of fitness shall be carried by the certificate holder during blasting operations. (2) Certificate of fitness holders shall take every reasonable precaution to protect their certificates from loss, theft, defacement, destruction, or unauthorized duplication. Any of the foregoing occurrences shall be reported immediately to the director. (h) Certificate of fitness restrictions. (1) No certificate can be assigned or transferred. (2) Certificates shall be dated and numbered, and will be valid for no more than one year from the date of issue. (i) Denial or revocation of certificates. (1) A certificate may be denied or revoked for any of these reasons: (A) Non-compliance with any order of the director within the time specified in the order; (B) Proof that the applicant or holder has been convicted of a crime directly related to the applicant's possible performance under the certificate applied for and where the applicant has not been sufficiently rehabilitated to warrant the public trust; (C) Proof that the applicant or holder advocates, or knowingly belongs to any organization or group that advocates violent overthrow of or violent action against any federal, state, or local government; (D) Proof that the applicant or holder suffers from a mental or physical defect that would interfere with or prevent the applicant's safe handling of explosives; (E) Violation of any explosive law, standard, or rule; (F) Proof of giving false information or making any misrepresentation for the purpose of obtaining a certificate; (G) The applicant or holder is a fugitive from justice; (H) The applicant or holder is an unlawful user of, or is addicted to, narcotics, alcohol, or dangerous drugs that would interfere with or prevent the applicant’s or holder’s safe handling of explosives; (I) The applicant or holder has been adjudicated a mental defective; or (J) For any other reason which in the discretion of the director would create a hazard or risk to persons or property. §12-58 4 (2) Any denial or revocation shall be final and conclusive against the applicant or holder unless a written request for reconsideration is filed with the director. The written request for reconsideration shall be an original, served on the director and must be postmarked, or if not mailed, received by the director within twenty days of the receipt by the certificate of fitness holder of the denial or revocation. The reconsideration hearing shall be held by the department within thirty days of the receipt of the written request. The reconsideration hearing shall be de novo and decisions may be contested only to the Hawaii Labor Relations Board (HLRB). The applicant or holder may request an informal conference to discuss the denial or revocation, but the informal conference shall not suspend or change the twenty-day filing requirement for the reconsideration request. (3) Upon notice of the revocation of a certificate, the former holder shall immediately surrender the revoked certificate to the director. (4) Any person whose certificate of fitness has been revoked may apply for a certificate of fitness only after the director has concluded that the reason(s) for the revocation no longer exists or no longer presents a risk to public or worker safety. (j) Record keeping and reporting. (1) A person holding a certificate of fitness shall keep a daily record of all explosive material received, fired, or otherwise used. (2) Each manufacturer, dealer, or user shall submit to the director a quarterly inventory report of all explosive materials of which they are responsible for, no later than thirty days after the end of the quarter. The quarters shall be from January through March, April through June, July through September, and October through December. The inventory report shall include: (A) The location(s) where the explosive materials are stored or are located as of the last day of the quarter for which the report is being filed; (B) A true and accurate physical inventory of the quantities and types or kinds of explosive materials at each location identified in subparagraph (A); (C) The name, company title, and signature of the person attesting to the accuracy of the inventory report (if the person signing the inventory report is a certificate of fitness holder, please provide the certificate of fitness number); and (D) Any other information the director may require. (3) The loss, theft, or unlawful removal of explosives or blasting agents shall be reported immediately to the director by the certificate of fitness holder. (k) Renewal applications. (1) Application for a renewal of a certificate of fitness shall be made to the director on forms provided by the director and shall contain such information as may be required. Effective January 1, 2003 the application forms shall be accompanied with proof that the applicant has received and has satisfactorily completed, within the previous three years at least eight hours of approved training or education in the use, storage, transporting and handling of explosives or pyrotechnics. The training or education must be specific to the type of certificate of fitness the holder posses. (2) Prior to the approval of any application for renewal, the applicant shall authorize release to the department a current to within six months, criminal history record from their resident state, as well as authorize release of related police, probation, department of the attorney general, or other source of criminal records. Applicants must arrange for the criminal history records to be received by the §12-58 5 department at the time they wish the application to be reviewed. Such criminal history records must be current to within six months of the renewal date. Any recognized national criminal history record check such as the Federal Bureau of Investigation (FBI) will be acceptable to the department. (Records shall be used only to determine the applicant’s qualification for a certificate and will otherwise be kept confidential.) (3) A renewal fee as required in section 12-56-4 shall be payable at the time of application for renewal. The renewal shall be valid for one year unless revoked by the director. (4) Complete applications consisting of the requirements found in paragraphs (1) through (3) for certification of fitness renewals shall be submitted to the director at the address specified on forms provided by the director. Complete renewal applications will be reviewed and all applicants will be notified within four months of submission whether the applicant qualifies to renew their license. Those qualifying to renew their certificate will be informed of the date, time, and location for completing the renewal process. Those qualifying to renew their certificate of fitness must, at the time of renewal present two current passport quality, full-face, and bust photographs of the applicant. Certificate of fitness renewals must be done in person at least once every three years, so that identification of the holder can be verified. (5) If an application for renewal is filed with the director before the expiration of the current certificate, the renewal will become effective when the current certificate expires. No renewal or certificate shall be issued more than thirty days before the expiration date of the current certificate. (6) If an application for renewal is filed ninety or more days after the expiration of the old certificate, the applicant shall submit to the application process of subsection (d). [Eff 3/29/99; am 2/14/00; am 12/29/00; am 1/10/03] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-9) Historical note: Section 12-58-1 is based substantially upon section 12-98-3, [Eff 12/6/82; am 8/16/84; am 3/22/91; am 2/8/97; am 4/11/98; R 3/29/99] and section 12-125-3. [Eff 7/12/82; am 9/22/84; am 8/5/88; am 2/8/97; am 4/11/98; R 3/29/99]