Seventy-Two (72) Hour Notification

During recent investigations of blasting complaints, the State Fire Marshal’s Office (“SFMO”) identified discrepancies in reporting. Tennessee Code Annotated § 68-105-103(b)(1) states: “the person who will be conducting blasting operations shall give notice to the department of the exact location a blast or blasts will occur. The notice must be made, in such manner as required by the commissioner, at least seventy-two (72) hours before the blasting operations commence.”

In many cases, the SFMO found that the blaster of record on the seventy-two (72) hour notice is not the actual blaster conducting the blasting operations. Additionally, the SFMO discovered that the “exact location” of the blast site is not always accurate. The SFMO understands that there could be a slight variation where the “pin” is placed at the blast site; however, the reported location should be as accurate as possible to remain in compliance with Tenn. Code Ann. § 68-105-103(b)(1).

If the firm submits inaccurate seventy-two (72) hour notifications on behalf of the blaster, the firm is also in violation of § Tenn. Code Ann. 68-105-103(b)(1). The firm bears the same liability as the blaster in ensuring these notices are accurate and complete.

To assist the blasting industry, the SFMO’s online seventy-two (72) hour notification submission portal now allows for multiple blasters to be listed on the seventy-two (72) hour notification. The blaster assigned to slot one (1) on the notification will be identified as the blaster in charge. Blasters assigned to subsequent slots shall serve as reserves and may become the blaster in charge in the event the original blaster in charge is unavailable.

Please share this information with your staff and ensure you are submitting accurate information to the SFMO. If there are any questions, please do not hesitate to contact Jim Hightower, the Director of the Permits and Licensing, at jim.hightower@tn.gov.