Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 58 - PERMITS AND CERTIFICATES › Section 12-58-1 - Certificates of fitness for explosives

Current through June,
				  2024
(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 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.