[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]
A.
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.
B.
AIRBLAST
BLASTER
CHIEF
CITY ENGINEER
DECIBEL
EXPLOSIVE
LICENSING OFFICER
PARTICLE VELOCITY
PERMIT AREA
PERMITTEE
PRE-BLAST SURVEY
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.
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.
The City Engineer or designee.
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.
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.
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]
A.
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.
B.
Time Limit. All permits issued pursuant to the requirements of this
Chapter shall be issued for a term not to exceed ninety (90) days.
C.
Renewals.
1.
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.
2.
Application for permit renewal shall be made at least ten (10)
days prior to the expiration of the valid permit.
D.
Application Requirements.
1.
Each application for blasting permit under the provisions of
this specification shall be accompanied by a fee as specified in the
approved fee schedule.
2.
The permit application shall be submitted in a manner satisfactory
to the City Engineer and shall contain:
a.
The name and address of the permit applicant.
b.
If the applicant is a corporation, the state of incorporation.
c.
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.
d.
A legal description of the property upon which the blasting
is to be performed.
e.
A description of the purpose for which the blasting is to be
done.
f.
A copy of the site blasting application shall be forwarded to
the Fire Chief.
g.
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.
h.
Accurate maps of a scale of not less than one (1) inch to one
hundred (100) feet clearly showing:
i.
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.
E.
Public Liability Insurance Required For Blasting.
1.
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.
2.
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.
3.
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]
A.
Use Of Explosives.
1.
All blasting shall be conducted between sunrise and sunset.
a.
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.
b.
Blasting may, however, be conducted between sunset and sunrise,
if:
(1)
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;
(2)
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
(3)
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.
2.
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.
3.
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.
4.
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:
5.
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:
a.
Three hundred (300) feet of any building used as a dwelling,
school, church, hospital, or nursing facility; and
b.
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.
c.
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.
d.
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.
6.
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.
7.
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.
8.
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.
9.
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:
10.
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.
11.
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.
Lower Frequency Limit of Measuring System in HZ
(+/-3.dB)
|
Maximum Level in dB
|
---|---|
0.1 Hz high pass system
|
134 peak
|
2 Hz high pass system
|
133 peak
|
5 or 6 Hz #2 high pass system
|
129 peak
|
C-slow
|
105 peak dBC
|
B.
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.
C.
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:
1.
Name of permittee conducting the blast.
2.
Location, date, and time of blast.
3.
Name, signature of qualified blaster conducting the blast.
4.
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.
5.
Weather conditions, including those which may cause possible
adverse blasting effects.
6.
Type of material blasted.
7.
Sketches of the blast pattern, including number at holes, burden,
spacing, decks, and delay pattern.
8.
Diameter and depth of holes.
9.
Types of explosive used.
10.
Total weight of explosives used per hole.
11.
The maximum weight of explosives detonated in an eight-millisecond
period.
12.
Initiation system.
13.
Type and length of stemming.
14.
Mats or other protection used.
15.
Seismographs and airblast records, if required, which shall
include:
a.
Type of instrument, sensitivity, and calibration signed or certification
of annual calibration.
b.
Exact location at instrument, and the date, time, and distance
from the blast.
c.
Name of the person and firm taking the reading.
d.
Name of the person and firm analyzing the seismographic record.
e.
The vibration and/or airblast level recorded.
f.
Reasons and conditions for each unscheduled blast.
D.
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.
E.
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.
F.
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:
1.
Any fraud, misrepresentation or false statement contained in
the site application for permit.
2.
Any violation of this Article.
3.
Any violation of the Uniform Fire Code as adopted by the City.
4.
Failure to rectify any condition.
5.
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.
G.
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]
A.
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).
1.
Industry Rating. The City will only accept coverage from an
insurance carrier who offers proof that it:
2.
Insurance Requirements.
a.
Commercial General Liability Policy
Limits -
|
Each Occurrence: one million dollars ($1,000,000.00).
|
Personal and Advertising Injury: one million dollars ($1,000,000.00).
|
Products/Completed Operations
|
Aggregate: one million dollars ($1,000,000.00).
|
General Aggregate: five hundred thousand dollars ($500,000.00).
|
Policy MUST include the following conditions:
|
Contractual Liability
|
Personal and Advertising Injury
|
Products/Completed Operations
|
Explosion, Collapse and Underground Certificate must confirm
inclusion of "Blasting" coverage, if applicable
|
Independent Contractors
|
Broad Form Property Damage
|
b.
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:
i. Any Auto or
|
ii. All Owned Autos; Hired Autos; and Non-Owned Autos
|
Limits -
|
Each Accident, Combined Single
|
Limits, Bodily Injury and
|
Property Damage: one million dollars ($1,000,000.00).
|
c.
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:
Workers Compensation: Statutory
|
Employers Liability -
|
Bodily Injury by Accident: one hundred thousand dollars ($100,000.00)
Each Accident
|
Bodily Injury by Disease: five hundred thousand dollars ($500,000.00)
Policy Limit
|
Bodily Injury by Disease: one hundred thousand dollars ($100,000.00)
Each Employee
|
d.
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:
i. General Liability
|
ii. Automobile Liability
|
iii. Employers Liability
|
The City of Greenwood shall be named as an additional insured.
Umbrella, or Excess Liability requirements may be modified or waived
at the City's discretion upon written application to and approved
by the City's risk manager (or risk management consultant). If the
requirement is modified or waived, the risk manager (or risk management
consultant) shall place on file with the City manager (or risk management
consultant). If the requirement is modified or waived, the risk manager
(or risk management consultant) shall place on file with the City
their reasoning for such waiver or modification.
|
B.
Enforcement.
1.
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.
2.
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.
3.
Violations of this Manual are further subject to punishment
in Municipal Court.
C.
Safety. The Contractor/Developer is responsible for complying with
OSHA requirements.
The Blasting Permit Application shall be as follows:
CITY OF GREENWOOD, MISSOURI
|
DATE: _____
| |
4 COPIES:
|
CONTRACTOR
| |
FIRE ALARM OFFICE -
| ||
DISPATCH
| ||
FIRE CHIEF, FIRE DEPARTMENT
| ||
CITY CLERK
| ||
ORIGINAL:
|
PUBLIC WORKS DIRECTOR
| |
1. LEGAL DESCRIPTION OF PROPERTY UPON WHICH BLASTING IS TO BE
PERFORMED:
| ||
__________
| ||
__________
| ||
2. LOCATION OF BLASTING SITE: __________
| ||
3. NAME/ADDRESS OF APPLICANT (if applicant is a corporation,
list state of incorporation):
| ||
__________
| ||
__________
| ||
4. TELEPHONE NUMBER OF APPLICANT
| ||
a. Daytime Telephone: __________
| ||
b. Emergency Telephone: __________
| ||
5. NAME OF RESPONSIBLE PARTY (individual name):
| ||
__________
| ||
6. NAME(S) OF QUALIFIED BLASTER(S) (include individual's age
and years of experience):
| ||
__________
| ||
__________
| ||
7. APPROVED INSURANCE CERTIFICATE PROVIDED?
|
_____ YES _____ NO
| |
8. PURPOSE OF BLASTING: __________
| ||
__________
| ||
9. DOES APPLICANT HAVE THE LEGAL RIGHT TO ENTER UPON THE AFFECTED
AREA? __________ (PROVIDE DOCUMENTATION)
| ||
10. APPLICANT MUST PROVIDE ACCURATE MAPS OF A SCALE OF NOT LESS
THAN ONE (1) INCH TO ONE HUNDRED (100) FEET CLEARLY SHOWING:
| ||
a. The land proposed to be affected during the period of the
permit including all boundaries of the land to be affected.
| ||
b. Location of the closest structures to the permit area in
any area.
| ||
c. All easements of record, public and private, which cross
the permit area.
| ||
11. HAS THE APPLICANT, A SUBSIDIARY, AFFILIATE, OR PERSONS CONTROLLED
BY OR UNDER COMMON CONTROL WITH THE APPLICANT, EVER HELD A BLASTING
PERMIT IN ANY STATE OR POLITICAL SUBDIVISION WHICH IN THE FIVE-YEAR
PERIOD PRIOR TO THE DATE OF SUBMISSION OF THIS APPLICANT BEEN SUSPENDED
OR REVOKED?
| ||
_____ YES _____ NO
| ||
12. PRESENCE OF DAY BOX: _____ YES _____ NO
| ||
13. EXACT LOCATION OF DAY BOX:
| ||
__________
| ||
14. MATERIAL USED IN BLASTING:
| ||
a. Type and class of explosives: __________
| ||
b. Amount (lbs.) of each type: __________
| ||
c. High? _____ Low? _____ Blasting Agents? _____
| ||
Cap No(s) _____ Initiating Explosives? _____
| ||
Ammonium Nitrate? _____
| ||
15. SEISMOGRAPHS:
| ||
a. Must be provided for each blast. This includes documentation
and seismogram provided upon request by the City Engineer.
| ||
b. Type of unit in use: __________
| ||
Is unit self triggering? _____ Yes _____ No
| ||
Is unit self calibrated? _____ Yes _____ No
| ||
Name of person with seismograph: __________
| ||
Provide documentation.
| ||
16. SPECIAL CONDITIONS. The following rules shall be followed:
| ||
* NO SMOKING allowed within fifty (50) feet of any location
where explosives are being handled or stored. This includes no fire
or flame of any type.
| ||
* During the time of loading explosives into holes, the blast
site shall be barred to all but those authorized persons engaged in
the drilling and loading operations or otherwise authorized to enter
the site for specific associated reason. The blast site shall be guarded
and posted.
| ||
* Post City blasting permit in a visible location on site; an
approved blaster on file with this office must be present during all
blasting activity and present certificate authorization and photographic
identification upon request by the City of Greenwood. Please report
any loss of blasting permit to the Public Works Department immediately.
| ||
* The City of Greenwood shall have the right to enter construction/blasting
sites before, during, or after blasting.
| ||
* False information provided to the Public Works Department
on this application sheet will result in revocation of permit and
the site closed by the City of Greenwood.
| ||
* The person(s) in charge of blasting on site must follow all
city, state and Federal requirements. Any person or company found
not following requirements will have permits revoked and the site
closed by the City of Greenwood.
| ||
* When blasting is being conducted in the vicinity of gas, electric,
water, fire alarm, telephone, telegraph or stream utilities, the blaster
shall notify the appropriate representative of such utilities at least
twenty-four (24) hours in advance of blasting specifying the location
and intended time of such blasting.
| ||
* Precautions shall be taken to prevent the premature detonation
of explosive materials from lightning, radio frequency energy, extraneous
electricity or static electricity caused by dust or snow storms, low
humidity or mechanical conditions. Such precautions shall include
the suspension of blasting operations and removal of persons from
the blasting area during the approach and progress of a thunderstorm.
| ||
* Tools used for the opening of containers of explosive materials
shall be made of non-sparking materials.
| ||
EXCEPTION: Slitters of metal are allowed for opening paper,
plastic or fiberboard containers.
| ||
* Empty boxes and paper, plastic or fiber packing material which
have previously contained materials shall not be reused, and shall
be disposed of in a manner approved by the City Engineer.
| ||
* Blasting permits will be issued by the Public Works Department
for ninety-day periods only. If any changes are made which affect
the information given on the initial permit application, the initial
permit will become null and void, therefore another application must
be made including all original fees.
| ||
* Completed applications and plans shall be submitted to the
City Engineer for review. Applicants will be notified when plan review
is completed as to further information needed or approval. Blasting
permits will be issued upon appropriate review by the Public Works
Department and the payment of permit fee. A minimum twenty-four-hour
notice should be expected for an approval to be returned to the contractor.
| ||
* 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 approved in the Blasting Permit application shall be
in accordance with all City, State and Federal regulations.
| ||
* BLASTING MAY BE PERFORMED DURING DAYLIGHT HOURS ONLY, NO EXCEPTION.
| ||
* NO BLASTING SHALL TAKE PLACE AT ANY SITE WITHOUT FIRST NOTIFYING
THE FIRE DEPARTMENT ALARM OFFICE AT 969-7360, AND PUBLIC WORKS INSPECTIONS
AT 537-6969.
| ||
Applicant acknowledges that he has read and agrees to comply
with the Blasting Regulations of the City of Greenwood.
| ||
Applicant's Signature: __________ Date: __________
Approved by: __________
| ||
Denied by: __________
| ||
Reason Denied: __________
| ||
Date: __________
| ||
Permit No: __________ Expiration Date: __________
|