Lynn calls for changes in blasting law

State Rep. Susan Lynn is set to introduce a bill changing the state's blasting policy.

Several businesses in Wilson County's 109 Business Park were damaged Wednesday from blasting conducted at the rear of park. Debris from the blasting operations shattered glass, punched holes in walls and covered the parking area in dirt.

Lynn serves on the House's Commerce Committee, which has oversight of the Department of Commerce and Insurance, which includes the State Fire Marshal, who investigates blasting accidents, and the Blasting Advisory Council. She said she went to the blast site because it concerns her committee and because the damage affected her constituency.
When she arrived, bystanders, including business owners, said something that concerned her.

"They said the contractor had disturbed the area (of the blast site)...I spoke to the fire investigator and he said (the alleged disturbance) is going to be in (his) report," Lynn said.

Business owner Daniel Solarz, whose business was damaged in the incident, said he was told by an investigator the blast area had been disturbed before the investigators arrived.

State Fire Marshal officials told The Lebanon Democrat they will not comment about an open investigation.

Lynn later spoke to the attorney within the Department of Commerce and Insurance that works with the Blasting Advisory Committee and they noticed what they regard as an oversight in the rules that regulate blasting.

Currently, the statute, Tennessee Code 68-105-109, says that blasting should cease

"when a reportable accident occurs" to "preserve evidence of the accident." The law, however, is silent on sites remaining undisturbed in ways not connected to blasting, such as filling in blast craters with dirt.
Lynn said she asked the attorney if the department could fix the apparent oversight and he said "our rules are the state law." According to Lynn, the attorney asked her to file a bill amending the rules.

Lynn's proposed bill will add the words "the site shall remain undisturbed in an area sufficient enough to preserve evidence of the accident."
Her hope is that the bill will lead to more effective investigations by the fire marshal's office.

"The incident (in Wilson County) identified a problem that's statewide," Lynn said.
Officials from Division 2 Constructors could not be reached for comment.

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