CHAPTER 235
COMMERCIAL EXPLOSIVE LICENSING
[Prior to 11/18/09, see 661—Ch 5]
661—235.1(101A) Licensing program established. A commercial explosive licensing program is hereby established in the fire marshal division. The program shall issue licenses to commercial explosive firms and to individual blasters as provided in this chapter.
	235.1(1) The commercial explosive licensing program is located at the following address:
Commercial Explosive Licensing Program
Fire Marshal Division
Iowa Department of Public Safety
215 East 7th Street
Des Moines, Iowa 50319
The program may be contacted by mail or in person at this address.
	235.1(2) The program may be contacted by telephone at (515)725-6145, by fax at (515)725-6172, or by electronic mail at fminfo@dps.state.ia.us.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.2(101A) Licenses required. Except as specifically exempted by another provision of state or federal law, any business whose employees are engaged in the manufacture, importation, distribution, sale, or commercial use of explosives in the course of their employment shall be required to hold a current commercial explosive business license issued pursuant to this chapter. Any individual, except as specifically exempted by another provision of law, who conducts blasting or is in charge of or responsible for loading or detonation of any explosive material shall be required to hold a current individual blaster license issued pursuant to this chapter. An individual blaster license shall not be required to authorize a person solely to transport explosives from one location to another, to assist a licensed blaster, to train under a licensed blaster, or to engage in the manufacture of explosives.
Note:  Iowa Code section 101A.1 excludes “fireworks” from the definition of “explosive.” Consequently, working with fireworks does not require a blaster license, nor does the manufacture, importation, distribution, sale, or commercial use of fireworks require a commercial explosive license.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.3(101A) License application process.
	235.3(1) Anyone wishing to obtain an application for a commercial explosive business license or an individual blaster license may obtain a copy of the required application by contacting the commercial explosive licensing program as specified in rule 661—235.1(101A).
	235.3(2) A completed application for a license shall be submitted to the commercial explosive licensing program at the address specified in subrule 235.1(1). All information requested on the application shall be provided prior to the processing of the application.
	235.3(3) Each license application shall be accompanied by a $60 fee for each license for which application is being made, paid by check or money order made payable to the Iowa Department of Public Safety. If the application is being submitted later than January 31 of a given year, then the fee for each license shall be $5 per month for each month remaining in the calendar year, including the month in which the application is submitted.
	235.3(4) Each license issued shall expire on December 31 of the year in which it is issued, except that a license issued in December of any year shall expire on December 31 of the following year.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.4(101A) Issuance of commercial explosive business license. A commercial explosive business license shall be issued only if all of the following conditions have been satisfied:
	235.4(1) All items required on the application have been completed, and any items the fire marshal deems necessary to verify have been verified and found to be true.
	235.4(2) For purposes of this rule, “responsible person” means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. Generally, “responsible person” includes partners, sole proprietors, site managers, corporate officers, directors and majority shareholders.
	235.4(3) No responsible person or manager of the business for which commercial explosive licensure is sought nor any person who will have, at any time, possession of explosives in the course of employment with the prospective business licensee:
	a. 	Has been convicted of a felony or any offense involving explosives or firearms;
	b. 	Has been previously disqualified from being licensed to handle explosives in this or any other state. The fire marshal may grant a license to a person previously disqualified if the fire marshal is satisfied that the condition or conditions that led to the disqualification have been corrected;
	c. 	Is an unlawful user of or is addicted to controlled substances;
	d. 	Has been adjudged mentally incompetent at any time by any court, been committed by any court to any mental institution, received inpatient treatment for any mental illness in the past three years, or received treatment by a health care professional for a serious mental illness or disorder which impairs a person’s capacity to function normally and safely, both toward themselves and others.
	235.4(4) The business has at least one responsible person or employee licensed as an individual blaster.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.5(101A) Issuance of individual blaster license. An individual blaster license shall be issued only if all of the following conditions have been satisfied:
	235.5(1) The applicant is an employee of a licensed commercial explosive business.
	a. 	If, after an individual blaster license is issued, such employment ceases, the employing business and the individual blaster shall each notify the fire marshal within three business days of the final day of employment that the employment has ceased, and the individual blaster license shall be suspended until the individual blaster is again employed with a licensed commercial explosive business.
	b. 	Upon reemployment, the employer shall notify the fire marshal that the individual blaster is again employed with a licensed commercial explosive business, and the fire marshal shall reinstate the individual blaster license as soon as practical, provided that the individual blaster is not disqualified from holding a license pursuant to any provision of this chapter.
	c. 	If the fire marshal finds that an individual blaster is disqualified from holding a license, the fire marshal shall revoke the license.
	235.5(2) All items required on the application have been completed and any items the fire marshal deems necessary to verify have been verified and found to be true.
	235.5(3) The applicant is not or has not been:
	a. 	Convicted of a felony or any offense involving explosives or firearms;
	b. 	Previously disqualified from being licensed to handle explosives in this or any other state. The fire marshal may grant a license to a person previously disqualified if the fire marshal is satisfied that the condition or conditions that led to the disqualification have been corrected;
	c. 	An unlawful user of or addicted to controlled substances;
	d. 	Adjudged mentally incompetent at any time by any court or committed by any court to any mental institution; or
	e. 	A recipient of inpatient treatment for any mental illness in the past three years or a recipient of treatment by a health care professional for a serious mental illness or disorder which impairs a person’s capacity to function normally and safely toward themselves or others.
	235.5(4) The applicant has satisfactorily completed training approved by the fire marshal for the handling and use of explosives. The training may be provided by the employer or by a reputable third party knowledgeable about the storage, handling, and use of explosives. The fire marshal may accept related job experience of 640 hours or more in lieu of training if the experience is documented by a sworn affidavit provided by the employing commercial explosive business licensee.
Exception: The fire marshal may issue an individual blaster license to a person licensed or certified as a blaster in another state, provided that the fire marshal finds that the requirements for licensing or certification in the other state are comparable to those provided for in this rule.
	235.5(5) The applicant is 21 years of age or older.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.6(101A) Inventory and records.
	235.6(1) Each licensed commercial explosive business shall maintain records to show amounts of explosive material on hand at the beginning and end of each working day and quantities dispensed and to whom. The business shall conduct physical inventories at least once annually. Anytime a shortage appears that is in excess of limits established by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the shortage shall be reported within 24 hours to the chief of police or sheriff having jurisdiction, who in turn shall cause a federal Form 4712 (Department of Treasury, Internal Revenue Service) to be completed, a copy of which shall be sent to the commercial explosive licensing program, as specified in rule 661—235.1(101A). Inventory records shall be retained for five years after the date for which the activity is recorded and shall be made available upon request of the fire marshal.
	235.6(2) Each licensed individual blaster shall maintain a daily record of all explosive materials received and fired or otherwise disposed of by the individual blaster. Such records are the property of the business license holder, who shall retain them for five years and make them available to the fire marshal upon request.
	235.6(3) Any loss, theft, or unlawful removal of explosive materials shall be reported within 24 hours to the Bureau of Alcohol, Tobacco, Firearms and Explosives, to the fire marshal and to the local law enforcement agency having jurisdiction.
	235.6(4) Any accident involving explosive materials that causes an injury to a person which requires medical attention or that causes damage to property beyond the limits of the property on which the blasting is being conducted or to property for which the responsible person has not provided a written waiver to the blasting operation shall be reported promptly to the fire marshal.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.7(101A,252J) Grounds for suspension, revocation, or denial of commercial explosive licenses; appeals.
	235.7(1) The fire marshal may refuse to issue a commercial or individual blaster license for the manufacture, importation, distribution, sale, and commercial use of explosives sought pursuant to Iowa Code section 101A.2 or may suspend or revoke such a license for any of the following reasons:
	a. 	Finding that the applicant or licensee is not of good moral character and sound judgment. “Not of good moral character and sound judgment” means disqualified by any provision of federal or Iowa law from possessing explosives, firearms, or offensive weapons.
	b. 	Finding that the applicant or licensee lacks sufficient knowledge of the use, handling, and storage of explosive materials to protect the public safety.
	c. 	Finding that the applicant or licensee falsified information in the current or any previous license application.
	d. 	Finding that the applicant or licensee has been adjudged mentally incompetent at any time by any court, been committed by any court to any mental institution, received inpatient treatment for any mental illness in the past three years, or received treatment by a health care professional for a serious mental illness or disorder which impairs a person’s capacity to function normally and safely, both toward themselves and others.
	e. 	Proof that the licensee or applicant has violated any provision of Iowa Code chapter 101A, this chapter, or 661—Chapter 231.
	f. 	Receipt of a certificate of noncompliance from the child support recovery unit of the Iowa department of human services, pursuant to the procedures set forth in Iowa Code chapter 252J.
	g. 	Receipt of a certificate of noncompliance from the centralized collection unit of the department of revenue, pursuant to Iowa Code chapter 272D.
	235.7(2) An applicant or licensee whose application is denied or a licensee whose license is suspended or revoked for a reason other than receipt of a certificate of noncompliance from the child support recovery unit or a certificate of noncompliance from the department of revenue may appeal that action pursuant to 661—Chapter 10, except that wherever “commissioner of public safety” or “department of public safety” appears, “fire marshal” shall be substituted. Applicants or licensees whose licenses are denied, suspended, or revoked because of receipt by the department of a certificate of noncompliance issued by the child support recovery unit or the department of revenue shall be subject to the provisions of rule 661—235.7(101A,252J). Procedures specified in 661—Chapter 10 for contesting department actions shall not apply in these cases.
	235.7(3) The fire marshal shall notify the employing commercial explosive business licensee of the denial, suspension, or revocation of an individual blaster license.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.8(101A,252J) Child support collection procedures. The following procedures shall apply to actions taken by the fire marshal on a certificate of noncompliance received from the Iowa department of human services pursuant to Iowa Code chapter 252J:
	235.8(1) The notice required by Iowa Code section 252J.8 shall be served upon the applicant or licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the licensee or applicant may accept service personally or through authorized counsel.
	235.8(2) The effective date of revocation or suspension of a license or denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code section 252J.8, shall be 60 days following service upon the licensee or applicant.
	235.8(3) Licensees and applicants for licensure shall keep the fire marshal informed of all court actions and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J and shall provide the fire marshal with copies, within 7 days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the child support recovery unit.
	235.8(4) All fees for applications, license renewal or reinstatement must be paid by the licensee or applicant before a license will be issued, renewed, or reinstated after the fire marshal has denied the issuance or renewal of a license or has suspended or revoked a license pursuant to Iowa Code chapter 252J.
	235.8(5) In the event a licensee or applicant files a timely district court action following service of a notice pursuant to Iowa Code sections 252J.8 and 252J.9, the fire marshal shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the fire marshal to proceed. For the purpose of determining the effective date of revocation, suspension or denial of the issuance or renewal of a license, the fire marshal shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
661—235.9(101A,272D) Suspension or revocation for nonpayment of debts owed state or local government. The following procedures shall apply to actions taken by the state fire marshal on a certificate of noncompliance received from the Iowa department of revenue pursuant to Iowa Code chapter 272D.
	235.9(1) The notice required by Iowa Code section 272D.3 shall be served upon the licensee by regular mail.
	235.9(2) The effective date of revocation or suspension of a license, as specified in the notice required by Iowa Code section 272D.3, shall be 20 days following service of the notice upon the licensee.
	235.9(3) Licensees shall keep the state fire marshal informed of all court actions and centralized collection unit actions taken under or in connection with Iowa Code chapter 272D and shall provide the fire marshal with copies, within 7 days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 272D.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the centralized collection unit.
	235.9(4) All applicable fees for an application or reinstatement must be paid by the licensee before a license will be issued, renewed, or reinstated after the fire marshal has denied the issuance or renewal of a license or has suspended or revoked a license pursuant to Iowa Code chapter 272D.
	235.9(5) In the event the licensee files a timely district court action following service of a notice pursuant to Iowa Code section 272D.8, the fire marshal shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the fire marshal to proceed. For the purpose of determining the effective date of revocation or suspension of the license, the fire marshal shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
	235.9(6) Suspensions or revocations imposed pursuant to this rule may not be appealed administratively to the fire marshal or within the department of public safety.
Note: The procedures established in rule 661—235.9(101A,272D) implement the requirements of Iowa Code chapter 272D. The provisions of Iowa Code chapter 272D establish mandatory requirements for an agency which administers a licensing program and provide that actions brought under these provisions are not subject to contested case procedures established in Iowa Code chapter 17A, but must be appealed directly to district court.
[ARC 8303B, IAB 11/18/09, effective 1/1/10]
These rules are intended to implement Iowa Code chapters 101A, 252J, and 272D.
[Filed ARC 8303B (Notice ARC 8155B, IAB 9/23/09), IAB 11/18/09, effective 1/1/10]