Township of Towamencin, PA Blasting

As used in this chapter, all blasting material, components, and operations shall be as defined by the International Fire Code as adopted by Towamencin Township, Chapter 211 of The Pennsylvania Code, 25 Pa Code § 211.1 et seq., and all other applicable federal, state, and local regulations.

§ 46-2 Permit requirements.

Required. No person or organization shall perform blasting within the Township without first obtaining a permit from the Township.

Permit applications shall be made to the Code Enforcement Department and shall include all requirements as set forth in this chapter and applicable provisions of the International Fire Code, as adopted. All permit applications will be reviewed by the Fire Marshal and Code Enforcement Officer for compliance with all regulations. The permit application shall be rejected if it fails to provide all documentation. Permit applications shall contain the following information:

(1)

Detailed plans and specifications shall be submitted of the blasting area and all blasting procedures to be utilized. The plans shall also show all natural and man-made features, buildings, roads, utilities and property owners within 1,000 feet of the blasting area property line. This shall include all areas outside of the Towamencin Township boundaries.

(2)

The following permits must be submitted by the contractor and all individuals involved with the blasting:

(a)

PA blasting license.

(b)

PA-DEP explosives purchase permit.

(c)

PA-DEP magazine storage license.

(d)

PA-DEP blasting activity permit.

(e)

U.S. Department of Transportation hazardous materials certification of registration.

(3)

A notification list of all property owners and public utility companies within 1,000 feet of the blasting area property line as specified by § 46-4 of this chapter, including all property owners outside the boundaries of Towamencin Township.

(4)

A certificate of insurance, naming Towamencin Township as an additional insured party, shall be submitted, to compensate for damage to all public and private property. The insurance certificate shall not be less than $2,000,000. An insurance certificate shall also be submitted for an amount not less than $2,000,000 to cover bodily injury damage. The Township Fire Marshal or Code Officer may request an increase with the amount of insurance it is deemed necessary to adequately protect the safety and property of all persons and property.

(5)

The permit application shall also include a list of all contact personnel. The individuals must be available on a twenty-four-hour basis.

(6)

A report prepared by a professional geologist or engineer licensed to practice in the State of Pennsylvania must be submitted, containing specific recommendations for blasting and certifying that the blast plan will not produce a peak particle velocity greater than allowed by federal, state or local regulations. The report shall also include the effects the blasting operation will have on adjacent structures or utilities within 500 feet and the details of the field-monitoring system to be used during the blasting. If the report should show potential damage to existing structures or improvements, the Township may deny the permit request.

(7)

A permit fee for the blasting permit must be paid at time of application as set forth in the Towamencin Township fee schedule, as adopted by resolution of the Board of Supervisors.

§ 46-3 Appeals.

An appeal of a denial by the Office of the Fire Marshal or Code Enforcement Department for a blasting permit shall be taken to the Board of Supervisors. A request for appeal shall be in writing to the Township Manager and shall be heard before the Board of Supervisors during a public meeting.

§ 46-4 Notification to public and inspections of adjacent property.

All property owners and public utility companies within 1,000 feet of all sides of the blasting area property line must be notified a minimum of two weeks prior to the start of blasting operations. All property owners within 500 feet of all sides of the blasting area must also be notified of an offer to inspect the property and all structures free of charge. The owners must be given ample time to review the results and contest the findings. The results of each survey and owners' response must be submitted with the permit application.

All notifications must at a minimum include the area of blasting, day and times of the blast, and overall anticipated duration.

The pre-blast survey shall make accommodations for the pre and post testing of all private water supplies if requested by the individual property owner.

The provisions of this section shall in no way supercede any other state or federal requirements concerning public notification or pre-blast inspections.

§ 46-5 General rules and regulations.

In addition to the requirements of this chapter, applicants must adhere to all other applicable federal, state or local regulations.

The blasting shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays. No blasting is permitted on Sundays or holidays.

The blasting operation may not interfere or impede normal school bus routes or pickup or dropoff areas. The contractor shall be responsible to maintain safe traffic control during the blasting.

Overnight storage of explosives on the construction site is prohibited.

Proper notification to individuals in the immediate vicinity of the blasting area shall be provided by way of horns, whistles or other approved devices. All sides of the blasting area shall be clearly posted at appropriate distances.

§ 46-6 Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not to exceed $1,000 and the costs of prosecution, through the issuance of a summary citation. In default of the payment of any fine or penalty imposed by any District Justice under the provisions of this chapter, the person, persons, firm or corporation so violating may be committed to the Montgomery County Prison for a period to be determined by the District Justice, not to exceed 30 days.