City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rockwood 4-16-2008 by Ord. No. 438.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Use of explosives in quarrying operations — See Ch. 75, § 75-6A.
Fire prevention — See Ch. 84.
Definition of hazardous material — See Ch. 108.
Breaking into coin boxes using explosives — See Ch. 163, § 163-5.
Weapons and explosives — See Ch. 258.
[1]:
Editor's Note: This ordinance also repealed former Ch. 32, Blasting, adopted as Ch. 1460 of the 1989 Codified Ordinances.

§ 32-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BLASTING
The practice or occupation of rending heavy masses of material, especially of rock, by means of explosives, as in oil well drilling, quarrying and construction.
CLASS A BLASTING
Ongoing mining and excavating-related blasting.
CLASS B BLASTING
General blasting for purposes other than mining.
DECIBEL (dB)
A unit of measure, on a logarithmic scale to the base 10, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure which, for purposes of this chapter, shall be 20 micronnewtons per square meter (uN/m2).
GENERAL BLASTING
Blasting of a singular nature, not intended as a continual part of operations.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks separated by intervals no greater than one-tenth of a second) for a total duration of no more than four seconds.
ONGOING MINING AND EXCAVATING-RELATED BLASTING
The blasting-related operation has been in existence for six months or longer, or will be in operation for six months or longer, where explosives are used in the general course of operations.
PROPERTY-LINE-NOISE-SOURCE
Any equipment or facility, or combination thereof, which operates within any land use. Such equipment or facility, or combination thereof, must be capable of emitting sound beyond the property line of the land on which operated.
VIBRATION
Elastic oscillatory motion of the ground or structure located thereon of a transient or steady-state nature described by displacement, velocity, or acceleration of a particle or structure with respect to a given reference point.

§ 32-2 Violations and penalty.

A. 
Except as stated otherwise in this chapter, violations of this chapter are a municipal civil infraction for which a person is responsible for a civil fine set forth in Chapter 1, Article II, of the Codified Ordinances of the City of Rockwood.
B. 
A person who suffers loss as a result of a violation of this section may bring a class action on behalf of persons residing or injured in this state for the actual damages caused by any method, act, or practice defined as unlawful under this chapter, together with reasonable attorneys' fees.

§ 32-3 Long-arm jurisdiction.

Any person, firm, corporation, association or entity is subject to prosecution and suit under this chapter who engages in any impulse noise, vibration, or blasting operation and:
A. 
Causes or allows the emission of impulsive sound or air blast from any source, whether or not such emitting property is located within the City, to any real estate, receiving structure or person thereupon which exceeds the levels tabulated in § 32-10;
B. 
Initiates an intensity of ground motion or vibration, whether or not such initiating source is located within the City, which exceeds the levels tabulated in § 32-11 or 32-12;
C. 
Fails to obtain any required permit; or
D. 
Fails to obtain any required insurance.

§ 32-4 Variances.

Application may be made to the City Council for a variance from the specific terms of this chapter in a particular case where the imposition of such chapter or sections thereof would impose an undue hardship and its strict adherence would not substantially promote the health, welfare and safety of the public. The City Council may, in lieu thereof, impose such other conditions as would be consistent with the exigencies of such case and with the purposes of this chapter.

§ 32-5 Required permits.

It shall be unlawful for any person, firm, entity, corporation or association to engage in any blasting operations within the City or located outside of the City whose operation affects any real property or persons located within the City without having first secured a permit from the City Council. Permits shall be designated as Class A or Class B and will be awarded with such designations.

§ 32-6 Application for permits.

Applications for permits under this section shall be made in writing to the City Council and shall be filed with the City Clerk. Applications shall contain the name and address of the applicant, shall be signed by the applicant or his or her duly authorized officer or agent, shall contain a legal description of the property upon which the proposed operation is to be carried on, and a site plan description of the proposed location of the blasting operation and the extent and nature thereof. The application shall set forth the name of the owner or owners of the land described therein; and if the applicant is not the owner, it shall have attached thereto the written consent of the owner or owners of such parcel of land for the proposed operation and authorizing the City or their duly authorized representative to obtain immediate entry onto the land, escorted by a representative of the owner, for the purpose of inspection. It shall also contain an agreement that the applicant, if granted a permit, will comply with all the provisions of this chapter.

§ 32-7 Permit fees.

A permit fee in the amount as set from time to time by City Council will be required to be deposited with the City Clerk at the time of application for a Class A or Class B permit; a receipt will be issued showing deposit of such fee. Upon issuance of the permit, the fee shall be paid into the general fund of the City.

§ 32-8 Issuance, duration and expiration.

If approved by the City Council, subject to the regulations of this section and the provisions of the Fire Prevention Code (M.C.L.A. 29.1 et seq.) and the Explosives Act of 1970 (M.C.L.A. 29.41 et seq.), a permit shall be granted to the applicant. A Class A permit shall be valid for a period of 12 months commencing with the issuance of the permit. Annual permit renewal may be approved by the Building Inspector if there have been no permit violations recorded within the previous year. A Class B permit shall be valid for a period of one day. This day shall be the one requested on the application if approved by the City Council.

§ 32-9 Particle velocity limit interpretation.

All particle velocity limits apply to the maximum of any one of the three components of motion, longitudinal (or radial), transverse, or vertical, and shall be interpreted as described in U.S. Bureau of Mines Report R.I. 8507 of Appendix B.

§ 32-10 Impulsive noise regulations (blasting).

No person shall cause or allow the emission of impulsive sound or air blast from any property-line-noise-source, whether or not such emitting source is located within the City, to any real estate, receiving structure or person thereupon which exceeds the levels tabulated below for specific monitoring systems, when measured at any point within such receiving land within the City; provided, however, that no measurement of sound levels shall be made less than 25 feet from the property-line-noise-source.
A. 
One-tenth Hz high-pass system: 130 dB.
B. 
Two Hz high-pass system: 120 dB.
C. 
Five or six Hz high-pass system: 125 dB.
D. 
C-weighting slow-response system (events not exceeding two seconds duration): 100 dB(c).

§ 32-11 Semicontinuous vibration regulations.

Vibration intensity of a semicontinuous nature produced by but not limited to such activities as pile driving, pavement breaking, and soil compaction, whether or not such vibration is emitted from a source within the City, when measurements are made on the ground next to the foundation or on the basement floor of any dwelling, church, school, or any other residential, commercial, or institutional structure located within the City, shall not exceed the following limits on particle velocity:
<15Hz 0.1 in/sec (structural damage zone)
15–25Hz 0.5 in/sec
26–45 Hz 1.0 in/sec
>>45 Hz 1.5 in/sec

§ 32-12 Vibration regulations; blasting and ground motion.

The intensity of ground motion produced by blasting operations, either in construction or in operation of a business such as a quarry at a fixed location, whether or not such vibration or ground motion is emitted from a source within the City, when measurements are made on the ground next to the foundation or on the basement floor of any dwelling, church, school, or any other residential, commercial, or institutional structure located within the City, shall not exceed the following limits on particle velocity:
<15 Hz 0.1 in/sec (structural damage zone)
15-25 Hz 0.25 in/sec (mid-wall motion damage zone)
26-45 Hz 0.5 in/sec (human annoyance zone)
>>45 Hz 1.0 in/sec

§ 32-13 General blasting regulations.

Every permit holder shall be required to observe the regulations set forth in §§ 32-14 and 32-15, in addition to any special condition or conditions imposed by the City Council by any applicable provision of law.

§ 32-14 Class A permit regulations.

The following regulations govern the issuance and use of a Class A blasting permit:
A. 
Blasting insurance required. Any person holding a Class A blasting permit must obtain public liability insurance, insuring itself or the entity and the City in the amounts of $500,000 for property damage and $1,000,000 to $3,000,000 per personal injury. A copy of such policy shall be filed at the City Clerk's office for public inspection and copying.
B. 
Blasting schedule; inspection. The person holding a Class A blasting permit will provide the City with an estimated schedule of all blasting operations, and will also give the City notice as to time and occurrences of each blast prior thereto by at least two hours. The City Council shall have the right to have a staff representative on site at the time of each blasting upon notification to the person as to that effect. The person shall compensate the City at the rate as set by City Council from time to time, per hour, or fraction thereof, for the services of the representative and this cost shall be borne by the permit holder, in addition to the cost of the permit fees.
C. 
Use and handling of explosives. The use of explosives will only be undertaken by qualified personnel. No blasting operations shall be permitted within 500 feet of the property line of any dwelling, building, school, church, theater, or other structure which the Building Inspector may deem hazardous.
D. 
Seismograph readings. Seismograph readings will be interpreted by a firm approved by the City. Seismograph readings shall not exceed those as prescribed in §§ 32-10 to 32-12. The seismograph will be set up at locations to be predetermined by the City and the person, firm, corporation or association. In addition, the City shall have the option to select other sites as they feel is necessary to take an adequate reading as to any possible damage to adjacent structures. All costs incurred for the requirements of this subsection shall be borne by the permit holder. If, after a sufficient period of observation, instrument readings are consistent within the prescribed limits, then at the election of the City Council the seismograph readings requirement may be suspended. This, however, does not prevent the City from conducting periodic seismograph measurements. Seismograph recordings will be made with an instrument yielding direct three-component measurement of particle velocity together with measurement of air blast on magnetic tape or film; it shall contain complete internal seismic calibration (i.e., recorder and seismometers) capability.
E. 
Hours of blasting. Class A blasting permit holders will only be allowed to detonate blasts between the hours of 10:00 a.m. to 3:00 p.m., Monday through Friday, excluding City holidays which fall during the Monday-through-Friday period. If a delay in blasting until after 3:00 p.m. is necessary due to unforeseen circumstances detrimental to safety, the Building Inspector may permit a blast to take place after 3:00 p.m.

§ 32-15 Class B permit regulations.

The following regulations govern the issuance and use of a Class B blasting permit:
A. 
Blasting insurance required. Any person holding a Class B blasting permit must obtain public liability insurance, insuring himself and the City in the amounts of $100,000 for any individual and $300,000 for any incident covering both bodily and property damage of any nature as a result of blasting operations. A copy of such policy shall be made available at the City Clerk's office for public inspection and copying.
B. 
Blasting schedule; inspection. The person holding a Class B blasting permit will provide the City with the approximate time the blasting will occur. The Building Inspector or his duly authorized agent will be present at all times during blasting operations. Such person shall compensate the City at the rate of $50 per hour, or fraction thereof, for the services of the Building Inspector, or his duly authorized agent, and this cost shall be borne by the permit holder in addition to the cost of the permit fees.
C. 
Use and handling of explosives. The use of explosives will only be undertaken by qualified personnel. No blasting operations shall be permitted within 500 feet of the property line of any dwelling, building, school, church, theater or any structure which the Building Inspector shall deem hazardous. No blasting operations will be permitted near underground utility lines, gas, power, telephone, water, or sewer lines.
D. 
Seismograph readings. Seismograph readings will be interpreted by a firm approved by the City. Seismograph readings shall not exceed those as prescribed in §§ 32-10 to 32-12. The seismograph will be set up at locations to be predetermined by the City and the person, firm, corporation or association. In addition, the City shall have the option to select other sites as they feel is necessary to take an adequate reading as to any possible damage to adjacent structures. All costs incurred for the requirements of this subsection shall be borne by the permit holder.
E. 
Hours of blasting. Class B blasting permit holders will only be allowed to detonate blasts between the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday, excluding City holidays which fall during the Monday-through-Friday period. If a delay in blasting until after 5:30 p.m. is necessary due to unforeseen circumstances detrimental to safety, the Building Inspector may permit a blast to take place thereafter.