[Ord. No. 99-05-17-04 § 2, 5-17-1999]
No person shall do or cause to be done any blasting within the City limits, or outside of such City limits but on property owned or operated by the City, without first obtaining a permit therefor from the City Engineer, subject to all the provisions of this Chapter.
[Ord. No. 99-05-17-04 § 3, 5-17-1999]
All applications for permits for blasting or use of explosives shall be signed by the person or his/her duly authorized agent who desires to do the blasting described in the application and shall contain such other information regarding the proposed blasting as may be required by the City Engineer.
[Ord. No. 99-05-17-04 § 4, 5-17-1999]
Whenever the City Engineer shall find, from an examination of the application for blasting permit and such other information as he/she may deem necessary and proper to find or require, that such blasting can be done with safety to life and property, then he/she shall issue the permit as in this Chapter provided.
[Ord. No. 99-05-17-04 § 5, 5-17-1999]
The City Council hereby finds it is in the best interests of the public safety and welfare of the citizens of Greenwood that all blasting within the City of Greenwood shall be subject to the Criteria, Regulations, Insurance and Permit Requirements known as the "Blasting Regulations" which are set out in Article II of this Chapter.
[Ord. No. 99-05-17-04 § 6, 5-17-1999]
Permits granted under this Chapter shall specify the blasting to be permitted, the time such permit shall be valid and such other conditions and requirements as the City Engineer may deem safe and proper, provided that such period of validity shall not extend beyond the calendar year in which the permit is issued.
[Ord. No. 99-05-17-04 § 7, 5-17-1999]
Any person who shall violate any provision of this Chapter shall be subject to the penalties of Section 100.050 of the Greenwood City Code.
[Ord. No. 99-05-17-04 App. A, 5-17-1999]
Purpose. For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural include the singular, and words used in the singular include the plural. The word "shall" as used herein is not merely directory but is considered mandatory.
Definitions. Unless otherwise specified, the following terms are defined:
- The airborne shock wave or acoustic transient generated by an explosion.
- The qualified person in charge of, and responsible for the loading and firing of a blast.
- The Chief of Fire Department or designee as per the Uniform Fire Code as adopted.
- CITY ENGINEER
- The City Engineer or designee.
- A unit of air over pressure commonly used to measure air blast.
- Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
- LICENSING OFFICER
- The City Engineer or designee.
- PARTICLE VELOCITY
- A measure of the intensity of ground vibration, specifically the time rate of change of the displacement amplitude of ground vibration; commonly expressed as inches per second.
- PERMIT AREA
- The land owned or leased by the permittee upon which blasting is to be done. It includes the boundaries of all land in which the permittee has rights under law to occupy and use.
- Any person, as hereinafter defined, who shall apply for and obtain a permit under the terms of this Chapter and in accordance therewith.
- PRE-BLAST SURVEY
- A documentation, consisting of 35mm photographs as a minimum, of the existing condition of structures near an area where blasting is to be conducted.
[Ord. No. 99-05-17-04 App. A, 5-17-1999]
Required. No person shall do or cause to be done any blasting within the City limits, without first obtaining a permit therefor from the City Engineer, subject to all the provisions of this Chapter.
Time Limit. All permits issued pursuant to the requirements of this Chapter shall be issued for a term not to exceed ninety (90) days.
Any valid permit issued pursuant to this Chapter shall carry with it the right of one ninety-day renewal. The holders of the permit may apply for renewal and such renewal shall be issued at no cost to the Contractor/Developer provided the applicant seeking renewal has met the requirements and conditions of this Chapter.
Application for permit renewal shall be made at least ten (10) days prior to the expiration of the valid permit.
Each application for blasting permit under the provisions of this specification shall be accompanied by a fee as specified in the approved fee schedule.
The permit application shall be submitted in a manner satisfactory to the City Engineer and shall contain:
The name and address of the permit applicant.
If the applicant is a corporation, the state of incorporation.
A statement of whether the applicant, a 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 which in the five-year period prior to the date of submission of the application has been suspended or revoked.
A legal description of the property upon which the blasting is to be performed.
A description of the purpose for which the blasting is to be done.
A copy of the site blasting application shall be forwarded to the Fire Chief.
A statement of the land which 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 on the area affected.
Accurate maps of a scale of not less than one (1) inch to one hundred (100) feet clearly showing:
For any mining or open quarry mining, the application shall also include a survey performed by a registered land surveyor accurately showing the total perimeter of the area proposed to be mined during this permit period and a survey performed by a registered land surveyor showing the total area actually mined.
Public Liability Insurance Required For Blasting.
Before any permit, as required in this Chapter, is issued for the use or storage of explosives or blasting agents, every applicant shall procure public liability insurance with the requirements specified in Section 525.100: General Provisions.
The applicant shall file with the City Engineer, a certificate of insurance issued by the insurance carrier concerned as evidence that the public liability insurance requirements have been complied with and with the City named as an additional insured.
Before any permit required by this Chapter shall have been issued for blasting, the applicant for such permit shall provide evidence of insurance to the City conditioned that he/she will save the City harmless from and indemnify it from any loss or damage occurring by reason of such blasting.
[Ord. No. 99-05-17-04 App. A, 5-17-1999]
Use Of Explosives.
All blasting shall be conducted between sunrise and sunset.
The City Engineer may specify more restrictive time periods based on public requests or other relevant information according to the need to adequately protect the public from adverse noise.
Blasting may, however, be conducted between sunset and sunrise, if:
A blast that has been prepared during the afternoon must be delayed due to the occurrence of an unavoidable hazardous condition and cannot be delayed until the next day because of potential safety hazard could result that cannot be adequately mitigated;
In addition to the required warning signals, oral notices are provided to persons within one-half mile of the blasting site unless persons have requested in writing they not be notified; and
A complete written report on the blasting at night is filed by the person conducting the blasting activities with the City Engineer not later than three (3) days after the night blasting. The report shall include a description in detail of the reasons for the delay in blasting including why the blast was actually conducted, the warning notices given, and a copy of the blast report required by this Chapter.
Blasting shall be conducted at times announced in the blasting schedule, except in those unavoidable hazardous situations identified in the permit and plan, where operator or public safety require unscheduled detonation. When no schedule is provided, the Public Works Inspector and Fire Department Communication Office shall be notified prior to any blasting.
During open quarrying, warning and all clear signals of different character that are audible within a range of one-half mile from the point of the blast shall be given. Each person within the permit area and each person who resides or regularly works within one-half mile of the permit area shall be notified of the meaning of the signals through appropriate instructions. These instructions shall be periodically delivered or otherwise communicated in a manner which can be reasonably expected to inform such persons of the meaning of the signals. Each person who conducts surface mining activities shall maintain signs in accordance with state regulations.
Access to an area possibly subject to flyrock from blasting shall be regulated to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until the blaster who conducts the blasting activities has reasonably determined the following:
Except where lesser distances are approved in the pre-blast survey, based on seismic investigation or other appropriate investigation, blasting shall not be conducted within the following:
Three hundred (300) feet of any building used as a dwelling, school, church, hospital, or nursing facility; and
Three hundred (300) feet of facilities including, but not limited to disposal wells, petroleum or gas storage facilities, municipal water storage facilities, fluid transmission pipelines, gas or oil collection lines or water and sewage lines.
Pre-blast surveys will be performed at the expense of the Contractor/Developer. Minimum qualification for performing a pre-blast survey shall be a person who has been employed in the blasting field for a minimum of two (2) years.
Owners of properties within three hundred (300) feet and requiring a survey shall be given written notice of the proposed blastings and can accept or reject the offer of a survey. Preblast surveys shall consist of a minimum of 35mm photographs. However, in some cases, additional documentation, such as technical reports and video tape, may be required. The City Engineer shall be allowed access to the survey within forty-eight (48) hours of written notice. The survey shall be kept on file for three (3) years after conclusion of blasting operations.
Flyrock, including basted material traveling along the ground, shall not be cast from the blasting vicinity more than half the distance to the nearest dwelling or other occupied structure and in no case beyond the boundary line of property owned or leased by the permittee or beyond the area of regulated access required under paragraph 4 above.
Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine and change in the course, channel or availability of ground or surface waters outside the permit area.
In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one (1) inch per second at the location of any dwelling, public building, school building, church or commercial or institutional building. Peak particle velocities shall be recorded in three (3) mutually perpendicular directions. The maximum peak particle velocity shall be the largest of any of the three (3) measurements. The City Engineer may reduce the maximum peak particle velocity allowed if he determines that a lower standard is required because of density of population, land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors.
If blasting is conducted to prevent adverse impacts on any underground mine and changes in the course, channel or availability of ground or surface water outside the permit area, then the maximum peak particle velocity limitation of paragraph 8, above, shall not apply at the following locations:
Equation For Maximum Weight. Equation for maximum weight of explosives to be detonated within any eight-millisecond period may be determined by the formula W = (D/50)2, where W equals the maximum weight of explosives, in pounds that can be detonated in any eight-millisecond period and D equals the distance, in feet, from the blast to the nearest dwelling, school, church, or commercial or institutional building.
Airblast Limits. Airblast shall not exceed the maximum limits listed below at any dwelling, public building, school, church, or community or institutional building outside the permit area.
Storage Of Explosives. All storage of explosives, in excess of that amount required for one (1) day's use, requires a permit to be issued by the Fire Department. The day box storage of that amount required for one (1) day's use as proved in the Blasting Permit application shall be in accordance with all City, State, and Federal regulations.
Record Of Blasting Operations. A record of each blast, including seismograph reports, shall be submitted to the City Engineer on the 15th day of each month for blasts occurring during the previous month. The record shall contain the following data:
Name of permittee conducting the blast.
Location, date, and time of blast.
Name, signature of qualified blaster conducting the blast.
Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community building, or institutional building outside the permit area.
Weather conditions, including those which may cause possible adverse blasting effects.
Type of material blasted.
Sketches of the blast pattern, including number at holes, burden, spacing, decks, and delay pattern.
Diameter and depth of holes.
Types of explosive used.
Total weight of explosives used per hole.
The maximum weight of explosives detonated in an eight-millisecond period.
Type and length of stemming.
Mats or other protection used.
Seismographs and airblast records, if required, which shall include:
Type of instrument, sensitivity, and calibration signed or certification of annual calibration.
Exact location at instrument, and the date, time, and distance from the blast.
Name of the person and firm taking the reading.
Name of the person and firm analyzing the seismographic record.
The vibration and/or airblast level recorded.
Reasons and conditions for each unscheduled blast.
Right Of Entry. The City maintains the right of entry to premises where blasting operations are being conducted, both above ground and underground during reasonable hours. This right of entry includes the purpose of determining the precise area being blasted as of any one (1) day and whether the permittee was in compliance with this Chapter.
Transfer, Assignment Or Sale Of Rights Granted Under Permit. No transfer, assignment or sale of rights granted under any permit issued pursuant to this Chapter shall be made without prior approval of the City Engineer.
Suspension Or Revocation Of Permit. The City Engineer shall have the power to suspend for fifteen (15) days or revoke any permit granted under the terms and conditions of this Chapter for any of the following causes:
Any fraud, misrepresentation or false statement contained in the site application for permit.
Any violation of this Article.
Any violation of the Uniform Fire Code as adopted by the City.
Failure to rectify any condition.
Upon revocation or suspension, no refund of any portion of the license fee shall be made to the permittee and the permittee shall cease all blasting operations.
Penalty. Any person who shall violate any provision of this Chapter shall be subject to the penalties in the Code of Ordinances.
[Ord. No. 99-05-17-04 App. A, 5-17-1999]
Insurance. The Contractor/Developer shall secure and maintain, throughout the duration of the project, insurance of such types and in at least amounts as are required herein. Contractor shall provide certificate(s) of insurance confirming the required protection on forms acceptable by the City. The City shall be notified by receipt of written notice from the insurer at least thirty (30) days prior to material modification or cancellation of any policy listed on the certificate(s).
Industry Rating. The City will only accept coverage from an insurance carrier who offers proof that it:
Commercial General Liability Policy
Automobile Liability. Policy shall protect the Contractor/Developer against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned vehicle and must include protection for either:
Workers' Compensation. This insurance shall protect the Contractor/Developer against all claims under applicable state Workers' Compensation Laws. The Contractor/Developer shall also be protected against claims for injury, disease or death of employees for which, for any reason, may not fall within the provisions of a Workers' Compensation law. The policy limits shall not be less than the following:
Umbrella Liability. An Umbrella or Excess Liability policy in the minimum amount of one million dollars ($1,000,000.00) each occurrence, one million dollars ($1,000,000.00) aggregate. The umbrella or excess policy must be at least as broad as the underlying policies and include the following protection:
The City Engineer shall have the power and duty to enforce the provisions of the Manual and all related ordinances of the City and shall have the power to issue a citation and summons to municipal court for any violations thereof.
Contractors/Developers who fail to comply with, or violate these standards may be required to stop work, be refused final acceptance, building permits, and future extensions within the development area until corrections are made to the satisfaction of the City Engineer.
Violations of this Manual are further subject to punishment in Municipal Court.
Safety. The Contractor/Developer is responsible for complying with OSHA requirements.
The Blasting Permit Application shall be as follows: