[R.O. 1996 § 420.010; Ord. No. 1291 § 1, 9-13-1999]
For the purpose of this Section,
the following terms, phrases, words and their derivations shall have
the meaning given herein. When not consistent with the context, words
used in the present tense include the future, words 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. Unless otherwise specified. the following terms are defined:
The airborne shock wave or acoustic transient generated by
an explosion.
That area within a 300-foot radius of any blast.
The act of causing an explosive to explode.
The City of Grain Valley, Missouri.
A unit of air over pressure commonly used to measure airblasts.
Any chemical compound, mixture or devise, the primary or
common purpose of which is to function by explosion other than "common
fireworks" as defined by State Law or Class C fireworks as defined
by regulation of the United States Department of Transportation.
The Building/Codes Official or persons so designated by the
Board of Aldermen to perform the duties provided for herein.
A measure of the intensity of ground vibration, specifically
the time rate of change of the displacement amplitude of ground vibration,
commonly expressed in inches per second.
The land upon which the permittee has rights under law to
occupy and use and upon which blasting is to be done. This shall include
all contiguous land under the control of the permittee or the person,
company, or persons for whom the permittee is blasting.
Any person who shall apply for and obtain a permit under
the terms of this Section and in accordance therewith.
The qualified person in charge of, and responsible for, the
loading and firing of a blast.
A documentation, consisting of (thirty-five) 35 mm photographs
as a minimum or a video production of the existing condition of structures
near an area where blasting is to be conducted.
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.
[R.O. 1996 § 420.020; Ord. No. 1291 § 1, 9-13-1999; Ord. No. 1880 §§ 1
— 3, 2-12-2007]
A.
Required.
1.
No person shall do or cause to be
done any blasting within the City limits without first obtaining a
permit from the City of Grain Valley subject to the provisions of
this Chapter.
2.
The Building/Codes Official is authorized
to deny a permit request if it is determined from the data provided
that the issuance of a permit would result in a high probability of
property damage.
3.
In the event a permit request is
denied by the Building/Codes Official, the applicant may, within two
(2) weeks following the denial, file an appeal to the City Administrator.
B.
Permits/Time Limit. All permits issued
pursuant to the requirements of this Chapter shall be issued for a
term not to exceed ninety (90) days and for a particular permit area.
C.
Renewals.
1.
Any valid permit issued pursuant to this Chapter shall carry with it the right of one (1) ninety-day renewal. The holder of the permit may apply for renewal and such renewal shall be issued at a cost as set forth in Section 140.050 to the permit holder 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 a blasting permit under the provisions of this Chapter shall be accompanied by a fee as set forth in Section 140.050.
2.
The permit application for a blasting
permit shall be submitted in a manner satisfactory to the City and
shall contain the following:
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 herein has been suspended
or revoked.
d.
A legal description of the permit
area.
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 Marshall for the Central Jackson Fire
Protection District.
g.
Accurate maps of a scale not less
than one (1) inch to one hundred (100) feet clearly showing:
(1)
The land boundaries
and adjacent uses to the permit area.
(2)
The location and type
of the closest structures to the permit area in any direction for
a distance of five hundred (500) feet from boundaries of the permit
area.
(3)
All easements of record,
public and private, which cross or border the permit area.
E.
Public Liability Insurance Required For
Blasting.
1.
Before any permit as required by
this Chapter is issued for the use and storage of explosives or blasting
agents, every applicant for a permit shall procure public liability
insurance which shall cover the blasting covered by the permit and
fulfill the other requirements set forth herein.
2.
The applicant shall file with the
City a certificate of insurance issued by the carrier concerned as
evidence that the public liability insurance requirements have been
complied with and the City shall be named as an additional insured.
3.
Liability insurance shall be provided
by a responsible company, licensed to do business in the State of
Missouri, and shall include the minimum coverage:
4.
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 discretion of the Building/Codes Official.
[R.O. 1996 § 420.030; Ord. No. 1291 § 1, 9-13-1999]
A.
Use Of Explosives.
1.
All blasting shall be conducted Monday
through Friday during the daylight hours between sunrise and sunset.
a.
The Building/Codes Official 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, upon notice
to and approval by the City be conducted during nighttime hours between
sunset and sunrise, if;
(1)
A blast which 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 a 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
(1/2) 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 Building/Codes Official not later than twenty-four
(24) hours after the night blasting. The request 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 a permittee's blasting schedule except in those unavoidable
hazardous situations identified in the permit where operator safety
or public safety requires unscheduled detonation. Where no schedule
is provided, the Building/Codes Official, Police Dispatch Center and
Central Jackson County Fire Protection District shall be notified
prior to any blasting.
3.
During blasting operations, warning
and all clear signals of different character that are audible within
a range of one-half (1/2) 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 (1/2) 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.
4.
Access to an area subject to flyrock
from blasting shall be regulated to protect the public. Access to
the area shall be controlled to prevent the presence of unauthorized
persons during blasting and until the powderman/blaster who conducts
the blasting activities has reasonably determined the following:
5.
Except where lesser distances are
approved by the Building/Codes Official in the pre-blast survey or
the permit, 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, 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 or the permittee. Minimum
qualifications for the person performing a pre-blast survey shall
be that the person has been employed in the blasting field for a minimum
of two (2) years.
d.
Owners of properties within three
hundred (300) feet of any blast shall be given written notice of the
proposed blasting project and can accept or reject the offer of a
survey. Pre-blast surveys shall consist of a minimum of (thirty-five)
35 mm photographs. However, in some cases, additional documentation
such as technical reports and videotape may be required by the City.
6.
In all blasting operations, except
as otherwise authorized in this Chapter, 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.
Building/Codes Official may reduce the maximum peak particle velocity
allowed if it is determined that a lower standard is required because
of the density of population, land use, age type of structures in
the area or frequency of blasts or other factors.
7.
Equation For Maximum Weight. The
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.
B.
Storage Of Explosives. All storage of explosives
in excess of that amount required for one (1) day's use, shall be
stored in an approved magazine in accordance with Article 77 of the
International Fire Code. The day box storage of the amount requiring
for one (1) day's use as approved in the blasting permit application
shall be in accordance with all City, County, State and Federal regulations.
Additionally, the City shall be informed as to the type and amount
of explosive(s) stored at the site.
C.
Record Of Blasting Operations. A record
of each blast, including seismograph reports, shall be submitted to
the Building/Codes Official within seven (7) days of the blasting
operation. The record shall contain the following data.
1.
Name of the permittee conducting
the blast.
2.
Location, date, and time of each
blast.
3.
Name, signature of qualified powdermen/blaster
conducting the blast.
4.
Identification, direction, and distance,
in feet, from the nearest blast hole to nearest dwelling, public building,
school, church, community 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 of holes, burden, spacing and delay pattern.
8.
Diameter and depth of holes.
9.
Types of explosives and detonator
used.
10.
Total weight of explosives used per
hole.
11.
Mats or other protection used.
12.
Seismographs and airblast records
which shall include:
a.
Type of instrument, sensitivity,
and calibration signed or certification of annual certificate.
b.
Exact location of instrument, and
date, time and distance from blast.
c.
Name of the person and firm taking
the reading.
d.
Name of the person and firm analyzing
the seismographic record.
e.
The vibrations and/or airblast level
recorded.
f.
Reason and condition for each unscheduled
blast.
D.
Right Of Entry. The City maintains the
right of entry to premises where blasting operations are being conducted.
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.
Suspension Or Revocation Of Permit. The
Building/Codes Official shall have the authority to suspend 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 application for permit.
2.
Any violation of this Chapter or
any of its Sections or Subsections.
3.
Any violation of the International
Fire Code as adopted by the City.
4.
Failure on the permittee's part to
rectify any condition after notice.
[1]
Editor's Note: At the direction of the City,
the word "Uniform" was changed to "International" before "Fire Code"
in this Section.
[R.O. 1996 § 420.040; Ord. No. 1291 § 1, 9-13-1999]
Any person who shall violate any provision of this Chapter or its Sections or Subsections shall be subject to the penalties in Section 100.110 of the Code of the City of Grain Valley.
