[Adopted 10-28-1996 by Ord. No. 889 (Ch. 82, Art. II, of the 1998 Township Code)]
An explosive permit shall only be applied for and issued to the legal owner of the property on which blasting activity will occur.
Any applicant wishing to use or transport explosive materials within the Township of Wilkins must secure a permit, as required by § 201-1. Written application for such a permit shall be made to the Wilkins Township Fire Marshal and must include the following:
A. 
Name of applicant.
B. 
Address of applicant.
C. 
Phone number of applicant.
D. 
Names of parties licensed by the Department of Environmental Protection to conduct blasting who are working with or at the direction of the applicant.
E. 
A copy of a valid Department of Environmental Protection license to store, handle and use explosives, issued to the person conducting the blasting.
F. 
A proposed blast plan.
(1) 
The blast plan shall include the location, times, quantity, and purpose of the blasting and licensed person primarily responsible for the blasting.
(2) 
The blast plan shall identify, in feet, the distance from all proposed blasting to highways, roadways, alleys, underground or aboveground utilities, structures whether occupied or unoccupied, and any other installations that could be affected by blasting.
(3) 
The blast plan shall describe any structures or installations falling within Subsection F(2) above and shall list the names and addresses of the owners of any such structure.
(4) 
The blast plan shall conform to all requirements in Chapter 201, Fire Prevention, of this Code; all Department of Environmental Protection blasting requirements in Title 25, Chapter 211, of the Pennsylvania Code; all applicable Township ordinances amending or supplementing the International Fire Code; and all additional requirements as set forth in this application procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Photographs of all structures and/or installations that the Township, in its discretion, determines, after review of the applicant's blast plan, may be affected by the proposed blasting. This requirement shall be fulfilled to the satisfaction of the Township enforcement officer. No permit shall be issued prior to the completion of all such required photography.
H. 
Evidence of a liability insurance policy pursuant to § 201-6D of this Code.
I. 
Evidence of a bond in the form, amount and coverage determined by the legal authority of Wilkins Township pursuant to § 201-1 of this Code.
J. 
A fee for this application shall be in the amount set by the Board of Commissioners by resolution adopted from time to time.[1]
[Amended 3-29-1999 by Ord. No. 919]
[1]
Editor's Note: The current fee resolution is on file in Township offices.
K. 
The Fire Marshal of Wilkins Township, as the designated supervising enforcement officer under § 201-3 of this Code, may request any additional information from the applicant as he/she shall deem necessary to protect the health and safety of the public or to prevent public or private property from exposure to risk of damage, and may condition the issuance of this permit upon compliance with said additional criteria.
[Amended 5-10-1999 by Ord. No. 920]
A. 
The Fire Marshal shall review the application and the report of the person, firm or corporation reviewing the blast plan as set forth in § 185-11E hereof.
B. 
If the Fire Marshal finds that all conditions set forth in § 185-4A through K have been satisfied and that there is no likelihood of harm to public health, safety and welfare (including private property), the Fire Marshal shall issue a permit, provided that the applicant has supplied proof that all notices required in § 185-9 have been sent.
C. 
With respect to any blast site on which blasting has occurred without complying with all the requirements of Article II, as enacted and amended, no new permit shall be issued to any original or new applicant, except upon approval of the Board of Commissioners, given after a public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicant, by signing this application, certifies that he/she has read the applicable section of the International Fire Code, as detailed in Chapter 201, Fire Prevention, of this Code and Chapter 211 of Title 25 of the Pennsylvania Code, and agrees that the issuance of an explosive/blasting permit is conditional upon the applicant's compliance with all regulations contained therein.
[Amended 3-29-1999 by Ord. No. 919]
The applicant understands that any permit issued by the Township of Wilkins shall be for the specific job set forth in the blast plan and shall expire within 30 days of the permit date.
The applicant agrees that upon issuance of a permit, the Fire Marshal and the Deputy Fire Marshal or any Township employee acting at their instruction may, for reasons of public safety, enter any vehicle, structure, dwelling, construction site, workplace or environment within the Township limits where he/she or she can articulate grounds to believe explosives are being stored or possessed or used. Said official may revoke said permit for any just cause, including but not limited to, false statement or representations on the blasting permit or violation of any applicable ordinance or law. Any revocation of a permit may be appealed by the aggrieved party under the procedure outlined in Chapter 160, Construction Codes, Uniform, § 160-4, of this Code.
[Added 3-29-1999 by Ord. No. 919]
The applicant shall give the occupants of each residential structure identified in § 185-4F(2) above written notice of the date and approximate hour of detonation at least 48 hours prior to the detonation.
A. 
The notice shall be delivered by first-class mail or personally handed to an adult person on the premises.
B. 
The applicants shall certify to the Fire Marshal that such notices have been delivered.
[Added 3-29-1999 by Ord. No. 919]
No permit shall be issued when the blast plan identifies any house in a residential district within 250 feet of the site of the proposed detonations.
[Added 5-10-1999 by Ord. No. 920]
A. 
Ground vibrations and air overpressures from production blasts shall be conducted in accordance with generally accepted industry protocols, by a responsible person, firm or corporation regularly engaged and qualified in monitoring operations.
B. 
The measurements shall be compared with recommendations of the United States Bureau of Mines and existing regulations of the Pennsylvania Department of Environmental Protection.
C. 
The monitoring entity shall have a qualified representative on the premises prior to and during the blasting operation.
D. 
A report of all findings shall be delivered to the Fire Marshal and the applicant.
E. 
The blast plan shall be reviewed and approved by a responsible person, firm or corporation regularly engaged in and qualified to conduct such reviews.
F. 
The reviewing entity shall have a qualified representative on the premises prior to and during the blasting operation.
G. 
The monitoring entity and the reviewing entity shall be retained by and compensated by the Township of Wilkins. The applicant shall advance to the Township the estimated cost of these consultants prior to the issuance of the blasting permit.
[Added 5-10-1999 by Ord. No. 920]
A. 
Damage notices.
(1) 
Any property owner who believes his or her property has been damaged as a result of blasting may notify the Township in writing, delivered within 60 days of the blasting date, specifying the nature of the alleged damage.
(2) 
During the year 1999, notices will be accepted for any damage claimed to have occurred between February 8, 1999, and May 1, 1999, provided that the notice is received on or before June 30, 1999.
B. 
The Township shall retain a responsible person, firm or corporation qualified to inspect property damage and qualified to give an opinion as to the cause thereof.
C. 
The Township Manager shall, upon receipt of any claim as above described in Subsection A, forthwith request an inspection and report from the entity retained under Subsection B above; the report shall be delivered to the property owner and the applicant.
D. 
Inspection compensation; estimate.
(1) 
The inspection entity shall be compensated by the Township; the estimated cost of the inspections and reports shall be advanced to the Township by the applicant prior to issuance of the blasting permit.
(2) 
The estimate shall take into consideration the number of structures shown to be within the blast zone by the blast plan.
[Added 5-10-1999 by Ord. No. 920]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or who shall violate or fail to comply with any order made thereunder by the Fire Marshal within the time fixed herein shall severally, for each and every such violation and noncompliance, respectively, be guilty of an ordinance violation, punishable by a fine or penalty of not more than $1,000, plus costs of prosecution, and, in default of payment of the fine or penalty and costs imposed, the violator may be sentenced and committed to the county jail for a period not to exceed 30 days. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations immediately on notice to do so. Each day that prohibited conditions are maintained shall constitute a separate offense.