[Ord. No. 2761 §1(150.010), 3-19-2002]
This Chapter shall be known as the "Blasting Regulations" and
may be cited as such and will be referred to in this Chapter as the
"code".
[Ord. No. 2761 §1(150.020), 3-19-2002]
In any case where a provision of this code is found to be in
conflict with a provision of any other ordinance or other legislation
of the City existing on the effective date of this code, the provision
which establishes the higher standard for the promotion and protection
of the safety, welfare and health of the people shall prevail. If
any part of this Chapter should be declared invalid for any reason,
such decisions shall not affect the remaining portions of this code.
[Ord. No. 2761 §1(150.030), 3-19-2002]
A.
Blasting
will be permitted in accordance to these blasting regulations. Blasting
shall be done only by people experienced in the handling of explosives
and in accordance with the recommendations of the AGC Manual of Accident
Prevention in Construction and OSHA regulations. In locations where
flying rock may be present, additional overburden shall be ready for
use and/or in place before denotation. All trenching operations utilizing
explosives shall be suitably backfilled to prevent any fly rock endangerment
to persons or property. The use of these procedures does not relieve
the contractor of responsibility for damage to life and property but
acts only as an added assurance to the owner that damage will not
occur.
B.
The
Public Works Department and Fire Department will be the authority
regarding the storage, handling, use and control of explosives used
in construction projects.
C.
The
requirements of the current Fire Code regarding explosives and blasting
agents, as adopted by the City of Harrisonville, shall be considered
part of these blasting regulations.
D.
The
contractor shall be responsible for all damage caused by the blasting
operations and shall be responsible for responding to all complaints.
Suitable methods shall be employed to confine all materials lifted
by blasting within the limits of the excavation or trench. All rock,
which cannot be handled and compacted as earth, shall be kept separate
from other excavated materials and shall not be mixed with backfill
or embankment materials except as specified or directed.
E.
The
handling and use of explosives shall conform to the regulations of
the Federal Bureau of Alcohol, Tobacco and Firearms and the Department
of Transportation.
F.
NFPA
495, ATF Publication 5400.7 and DOT CFR 49 may be used as references
in enforcing these regulations.
[Ord. No. 2761 §1(150.040), 3-9-2002]
Any word or phase, which is defined in this Section, shall have
the meaning assigned to it by the Section whenever the word or phase
is used in these blasting regulations.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
The employee(s) of the City of Harrisonville designated by
the Board of Aldermen to perform the duties provided for herein.
The land the permittee has rights under law to occupy and
use and upon which blasting is to be done.
Any person, as herein defined, who shall apply for and obtain
a permit under the terms of this Chapter and in accordance therewith.
Any natural person, firm, partnership, co-partnership, corporation,
company, association, joint stock association and/or their lessees,
duly constituted trustees or receivers, heirs, administrators or assigns.
The actual distance in feet divided by the square root of
the maximum explosive weight in pounds that is detonated per delay.
Any permanent, manmade building or other constructed object
of significant value or importance including, but not limited to,
any dwelling, building, office, school, church, bridge, culvert, dam,
tower, utility, roadway, etc.
[Ord. No. 2761 §1(150.050), 3-19-2002]
A.
No
person shall do or cause to be done any blasting within the City limits
without first obtaining a permit therefore from the City. Such permit
shall be subject to all the provisions of this Chapter and the current
Fire Code as adopted by the City of Harrisonville.
B.
Persons
applying for a permit shall submit the following information: location
of blasts, purpose of blasting, size of blasts, locations of nearest
structures, certificate of insurance and duration of the blasting
activities. The fee for blasting permits is listed on the City's Comprehensive
Schedule of Fees[1] plus actual ancillary costs incurred by the City of Harrisonville.
[Ord. No. 3503, 8-3-2020; Ord.
No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
C.
The
Licensing Officer is authorized to deny a permit request if it is
determined from the information provided that the issuance of a permit
would result in a high probability of property damage.
D.
In
the event a permit request is denied by the Licensing Officer, the
applicant may, within two (2) weeks following the denial, file an
appeal to the Board of Aldermen.
E.
The
State of Missouri, the United States Government and the military are
exempt from these blasting regulations.
[Ord. No. 2761 §1(150.060), 3-19-2002]
All permits issued pursuant to the requirements of the ordinance
shall be issued for a term not to exceed sixty (60) days. Provided,
that if the Licensing Officers shall determine that the purpose for
which the permit is to be issued can be fulfilled in a term less than
sixty (60) days, the Licensing Officers shall specify the duration
of the permit the Licensing Officers and the permittee have determined
to be sufficient to fulfill the purpose for which the permit is issued.
[Ord. No. 2761 §1(150.070), 3-19-2002]
The holder(s) of the permit may apply for renewal by notifying
the Licensing Officers prior to expiration. Such renewal shall be
issued provided the applicant seeking renewal has met the requirements
and conditions of this Chapter. Notification shall specify any changes
to the original permit application.
[Ord. No. 2761 §1(150.080), 3-19-2002]
A.
The
maximum peak particle velocity allowed is one and one-half (1.5) ips
(inches per second). Applicants requesting to exceed this velocity
may apply to the Board of Aldermen for a determination as to whether
such a waiver would be in the public's best interest.
B.
The
permittee shall submit a pre-blast design to the Licensing Officers
at least ten (10) days prior to the Board of Aldermen meeting. Said
pre-blast design shall include sketches of the proposed types of blasts,
directions, drill patterns, delays, types and amounts of explosives
to be used, critical dimensions and the locations and general conditions
of structures to be protected. Such pre-blast design shall also include:
1.
The intended maximum peak particle velocity and minimum scaled distance,
where applicable, for such blasts; and
2.
The dates and time periods of such blasts; and
3.
Pre-blast surveys of structures within three hundred (300) feet of
the blast area. The pre-blast surveys shall be performed by a registered
engineer.
C.
Waivers
may be granted by the Board of Aldermen if the Board finds evidence
to support all the following criteria:
1.
The applicant has taken the necessary precautions to protect property
from damage and persons from injury; and
2.
The granting of the waiver will not be detrimental to the public
welfare or injurious to other property or improvements in the areas
to be affected by the proposed blast; and
3.
The applicant will suffer an unusual hardship unless a waiver is
granted.
[Ord. No. 2761(21-02) §1(150.090), 3-19-2002]
B.
The
permit application shall be submitted in a manner satisfactory to
the Licensing Officer and shall contain:
1.
The name and address of the person doing the blasting; and
2.
A description of the property or plan showing the properties upon
which the blasting is to be performed; and
3.
If the applicant is a corporation, the State of incorporation; and
4.
A statement of whether the applicant, any subsidiary, affiliate or
persons controlled by or under common control with the applicant has
ever held a blasting permit in any State or political subdivision
that in the five (5) year period prior to the date of submission of
the application has been suspended or revoked; and
5.
A description of the purpose for which the blasting permit is to
be used; and
6.
A description of the land the applicant has the legal right to enter
and commence blasting and a statement of those documents upon which
the applicant bases its legal right to enter and commence blasting
on the area affected; and
7.
Accurate maps of a scale of not less than one (1) inch to two hundred
(200) feet clearly showing:
a.
The land proposed to be affected during period of the permit including
all boundaries of the land to be affected; and
b.
Location of the closest structures to the permit area in any direction
for a distance of five hundred (500) feet; and
c.
All easements of record, public and private, that cross the permit
area; and
8.
A restoration statement to be approved by the Licensing Officer and
including an estimated schedule for the restoration of the permit
area to its original state and topography agreed upon by the Licensing
Officer, permittee and property owner.
[Ord. No. 2761 §1(150.100), 3-19-2002]
Before any permit referred to in this Blasting Code shall have
been issued to do blasting, the applicant for such permit shall provide
evidence of sufficient comprehensive general liability insurance to
indemnify the City or its inhabitants against any damages arising
from blasting; said liability insurance shall be provided by a responsible
company licensed to do business in the State of Missouri and shall
have a minimum coverage of one million dollars ($1,000,000.00) per
person, one million dollars ($1,000,000.00) per occurrence, one million
dollars ($1,000,000.00) per property damage with an umbrella coverage
of two million dollars ($2,000,000.00). The insurance certificate,
including a rider specifically covering the insured for doing blasting,
shall be required with the permit application. In specific cases where
blasting is being proposed within one thousand (1,000) feet of any
dam, an additional rider for the endorsement of increased limits for
a specific job shall be required at the sole discretion of the Licensing
Officer.
[Ord. No. 2761 §1(150.110), 3-19-2002]
The requirements presented herein shall not relieve the contractor
from the responsibility to avoid disturbing earth or rock beyond indicated
and specified lines and levels.
[Ord. No. 2761 §1(150.120), 3-19-2002]
The contractor shall notify Missouri One-Call and the owner
of all utilities within three hundred (300) feet of the blast area
at least forty-eight (48) hours before blasting is to occur. A representative
of the utilities shall be allowed to be present to observe preparations
and blasting. The contractor shall give the Harrisonville Police Department
and Licensing Officer twenty-four (24) hours' notice of the location
and time of the blasting. The contractor shall also notify the Police
Department immediately before blasting is to occur.
[Ord. No. 2761 §1(150.130), 3-19-2002]
A.
In
all blasting operations, except as otherwise authorized in this Chapter,
the maximum peak particle velocity shall not exceed one and one-half
(1½) inches per second at the location of any structure. Peak
particle velocities shall be measured in three (3) mutually perpendicular
directions.
B.
The
maximum peak particle velocity shall be the largest of any of these
three (3) measurements and shall not apply at the following locations:
C.
Fly
rock, including blasted material traveling along the ground, shall
not be cast from the permit area.
D.
Access
to an area possibly subject to fly rock from blasting shall be regulated
to protect the public and livestock. Access to the area shall be controlled
to prevent the presence of unauthorized personnel during blasting
until an authorized representative of the person conducting the blasting
activity has reasonably determined:
E.
All
blasting shall be conducted so as to prevent injury to persons and
damage to public or private property outside the permit area.
F.
Before
firing any blast all means of access to the danger zone, the extent
of which shall be determined by the blaster but in no case closer
to the explosion than the blaster himself/herself or three hundred
(300) feet, whichever is more, shall be effectively guarded to exclude
all unauthorized personnel. The blaster shall then sound a warning
of sufficient intensity and duration to be distinctly audible to all
persons within the danger zone and all such persons shall retire beyond
the danger zone. The danger zone shall then be examined by the blaster
to make certain that all persons have retired to a place of safety.
No blast shall be fired while any person is in the danger zone.
G.
When
the point of explosion is within three hundred (300) feet of a roadway,
the blaster shall, just prior to the blast, designate a sufficient
number of employees of the operator, each carrying a red warning flag,
to stop all vehicular and pedestrian traffic on each route of travel
within three hundred fifty (350) feet of the point of explosion until
the blast has been fired.
H.
No
person shall return to the danger zone until permitted to do so by
the blaster as announced by audible or visual signal.
I.
Immediately
following the blast, the area shall be examined by the blaster for
evidence of misfired charges.
J.
A complete
record shall be kept by the blaster showing the number of holes, the
amount of explosive used per hole, amount of explosive used per delay,
all misfires and method of disposal of misfires.
K.
All
guidelines for the use, handling and transportation contained in the
current Fire Code shall be adhered to, except where superseded by
this Blasting Code.
L.
All
blasting shall be carried out on weekdays between the hours of 8:30
A.M. and 4:30 P.M. No blasting will be allowed during holidays when
the City of Harrisonville City Hall is closed.
M.
Blaster
shall follow all State and Federal regulations concerning blasting
operations.
N.
The
permittee shall inform all utilities located within three hundred
(300) feet of the blast area of the blasting operations, the times
and dates.
O.
All
blasting operations shall be conducted by experienced, trained and
competent persons who understand the hazards involved.
P.
Explosives
shall not be stored within the City limits of Harrisonville overnight.
Q.
The
transportation of explosives shall conform to DOT, NFPA the Fire Code
and ATF regulations.
[Ord. No. 2761 §1(150.140), 3-19-2002]
A.
A summary
of the records of each blast including seismograph reports shall be
submitted to the Licensing Officer at weekly intervals for blasts
occurring during the previous week. The record shall contain the following
data for each blast.
1.
Name of the permittee conducting the blast;
2.
Location, date and time of the blast;
3.
Testing locations;
4.
Direction and distance in feet from the blast to the monitoring device;
5.
The number of holes drilled;
6.
The maximum weight of explosives in pounds used in any hole;
7.
Maximum weight of explosives in pounds used per delay;
8.
Length of delay;
9.
The total weight of explosives in pounds used in the blast;
10.
Peak particle velocity at the testing location;
11.
Name of company and the person taking the seismograph reading; and
12.
Affidavit of company monitoring the blast, certifying the accuracy
and truth of the reading obtained by the seismograph.
B.
Monitoring shall be performed by an independent firm, retained and compensated by permitted, who is responsible for submittal of the data directly to the City. The monitoring shall be performed by an engineering technician working under the direction of a registered professional engineer. Tabulated data (provided for in Section 520.090) shall be submitted to the City at weekly intervals. The firm shall be responsible for notifying the City within one (1) hour of any blast exceeding the permitted values. Work shall be stopped and the City notified immediately if any blast exceeds two (2) ips.
C.
The Licensing Officer may suspend blast monitoring after the data from five (5) blasts is submitted if, at their determination, monitoring is not necessary to protect the public and when no individual blast exceeded one (1) ips. All blasts over one (1) ips must be continuously monitored. The Licensing Officer may reimpose the monitoring requirements at their sole discretion. The suspension of monitoring does not relieve the permittee from any other requirements of this Chapter. The permittee shall still be required to supply the data specified in Section 520.090.
[Ord. No. 2761 §1(150.150), 3-19-2002]
A.
The
Licensing Officers or any authorized City Official may at any reasonable
time inspect premises, buildings and installations used for the storage
of explosives or blasting agents or any premises on which blasting
operations are being conducted for the purpose of determining whether
provisions of this Chapter are being complied with.
B.
The
Licensing Officers or any authorized City Official may during normal
business hours enter and inspect the premises, including places of
storage of the permittee, for the purpose of inspecting or examining
any documents and records required to be kept by such person by law
and any explosive and any explosive materials kept or stored by such
person.
C.
Any
person who shall hinder or obstruct the Licensing Officers or any
City Official in the performance of their official duties shall be
guilty of a violation of the provisions of this Chapter.
[Ord. No. 2761 §1(150.160), 3-19-2002]
No transfer, assignment or sale of rights granted under any
permit issued pursuant to this Chapter shall be made without prior
approval of the Licensing Officers.
[Ord. No. 2761 §1(150.170), 3-19-2002; Ord.
No. 3650, 5-1-2023]
Any permittee who violates any permit condition or who violates
any other provision of this Chapter may be assessed a penalty and/or
have their permit revoked and future permits refused. Such penalty
shall be as established in the City's Comprehensive Schedule of Fees[1] and/or thirty (30) days' imprisonment for each violation.
Each blast may be deemed a separate violation for purposes of penalty
assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations,
the seriousness of the violation, including any irreparable harm to
the environment or property damage and any hazard to the health or
safety of the public.
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[Ord. No. 2761 §1(150.180), 3-19-2002]
A.
The
Licensing Officers shall have the power to suspend or revoke any permit
granted under the terms and conditions of this Chapter for any of
the following causes:
B.
The
City Administrator shall have the power to issue subpoenas and all
necessary processes and to require the production of papers, to administer
oaths and to take testimony and to make findings thereon and shall
hold a public hearing in the event that such revocation or suspension
is appealed.
C.
Notice
of hearing for the suspension or revocation of a license shall be
given, in writing, setting forth specific reasons for the suspension
or revocation of the permit and the time and place of the hearing.
Such notice shall be mailed to the permittee at its last known address
at least ten (10) days prior to the date set for the hearing. In the
alternative, such notice of hearing may be delivered to the permittee
by personal service.
D.
Upon
revocation or suspension, no refund of any portion of the license
fee will be made to the permittee and the permittee shall cease all
blasting operations.
