Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 9-14-1964 by Ord. No. 60. Amendments noted where applicable.]
GENERAL REFERENCES
Openings and excavation — See Ch. 120.

§ 60-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BLASTER
A person licensed to fire or detonate explosives in blasting operations.
BLASTING OPERATION
The use of explosives in the blasting of stone, rock or any other natural formation, or any construction or demolition work in which six or more employees are engaged.
EXPLOSIVES or EXPLOSIVE
Any chemical compound or other substance intended for the purpose of producing an explosion or that contains any oxidizing and combustible units or other ingredients in such proportions or quantities that an ignition by detonation may produce an explosion capable of causing injury to persons or damage to property. Said terms shall be deemed to include dynamite in any form or quantity, dynamite caps or blasting compounds or equipment. Said terms shall not include any small arms ammunition or devices or compositions actually intended and used to obtain visible or audible pyrotechnic effects, nor explosives in the forms prescribed in the official United States Pharmacopoeia. Such terms shall not be deemed to include explosives produced or stored in experimental quantities in the laboratories of high schools, colleges or similar institutions for the purposes of investigation and instruction.
PERSON
Any individual, firm, partnership, association, company, organization or group of any kind, including township employees.
STORAGE
The keeping in any vehicle, trailer, truck, building, shed, enclosure or outdoors or at any place whatsoever at any time within the limits of the Township of Lower Providence.
TRANSPORTATION
The moving by vehicle, car, by hand or otherwise of any of the articles mentioned in this chapter from any place within or without the township limits to a destination within the limits of the Township of Lower Providence.
USE
Any handling, disposition, employment, placing or use as commonly understood and defined of any of the articles mentioned in this chapter except those uses conducted by the duly qualified and authorized professional personnel of accredited high schools and colleges or the students thereof under professional supervision for research, investigation and instruction.

§ 60-2 Restrictions on manufacture of explosives.

No person shall manufacture any explosives in the Township of Lower Providence unless such manufacture has been approved by the Department of Labor and Industry or other department of the Commonwealth of Pennsylvania having jurisdiction.

§ 60-3 Permit required; information card.

[Amended 3-14-1983 by Ord. No. 295]
A. 
No person shall have, keep, use, store, sell or transport any explosive or explosives, nor do, perform, conduct, supervise or permit any blasting or detonation of explosives or blasting materials, within the Township of Lower Providence at any time whatsoever unless such person shall have obtained and have in his possession and/or properly exhibited a valid permit duly issued by the Township Manager or his designee as hereinafter specified and then only in accordance with the conditions and subject to the limitations specified on such permit.
B. 
In the event any blasting is to be done hereinafter by any person or persons within the Township of Lower Providence, and notwithstanding that a permit as required by Subsection A hereof has been issued, all such persons shall file, prior to the occurrence of any such blasting or the making of preparations therefor, an information card on the form provided by the township, with the Township Manager. The form shall contain the time, date, location and purpose of the intended blast, together with the name and address of the person or persons responsible for and supervising the blasting and the kind and amount of explosive to be used. In the case of users of explosives in confined areas approved by the Department of Labor and Industry, the Supervisors may waive the filing of the information card.

§ 60-4 Blasters to be licensed.

A. 
No person shall detonate explosives in any blasting operation unless such person has been licensed as a blaster by the Department of Labor and Industry.
B. 
The licensee or permittee shall have a valid blaster's license in his immediate possession when engaged in blasting operations.

§ 60-5 Application for permit; fees.

A. 
An applicant seeking issuance of a permit shall execute an application in writing on a form to be prescribed by the Township Supervisors and provided by the Township Manager. Every applicant shall set forth on such form the following specified information:
[Amended 3-14-1983 by Ord. No. 295]
(1) 
The complete name, address and identity of the person, firm, corporation, association or organization who or which proposes to transport, store, keep or use explosives or do the blasting, and the name, address and identity of the specified person who shall be in charge thereof.
(2) 
Whether or not the applicant or any employee of applicant is involved in any litigation, either civil or criminal; the names of any pending cases; the jurisdiction, court, term and number and whether there have been any fines levied or judgments rendered at any time against applicant for damages growing out of the storage or use of explosives.
(3) 
The type and extent of applicant's operations and the projects contemplated (so far as known or ascertainable at the time application is made) in connection with which blasting will be conducted.
(4) 
The type or kind of explosives generally used by applicant.
B. 
Every applicant shall supply satisfactory proof before a permit is issued that applicant shall have provided and maintain at reasonably accessible points adequate fire extinguishing equipment wherever explosives are stored, transported, sold or used.
C. 
The application hereinabove referred to shall contain a statement as to the number of days upon which the applicant intends to perform blasting operations. The application shall be accompanied by the required registration fee and the required fee for each day that the applicant intends to perform blasting operations. Fees may be waived as to employees of the Township of Lower Providence applying for permits in the course of performance of Township business.
[Amended 2-12-1968 by Ord. No. 108; 6-8-1981 by Ord. No. 273; 6-16-2005 by Ord. No. 526]

§ 60-6 Bond or insurance required.

[Amended 3-14-1983 by Ord. No. 295]
Every applicant, as a condition precedent to issuance of a permit, shall furnish an irrevocable bond in the sum of $500,000 or more, conditioned for the payment of any and all property damage, damages for personal injuries and claims for wrongful death resulting from blasting operations for which the applicant is legally liable, or the applicant shall furnish evidence to the Township Manager that there is and will continue in full force and effect a public liability insurance policy during the entire period of the permit covering property damage claims in an amount of at least $100,000 for each property damaged and at least $300,000 for all property damaged as the result of any one accident and public liability insurance coverage of at least $100,000 for each person injured or killed and of at least $500,000 for all personal injuries and deaths resulting from any one accident, which liability insurance coverage must remain in effect during the entire period of the blasting program.

§ 60-7 Permits for transportation and use.

A. 
Permits for any of the purposes enumerated hereinafter and in § 60-3 above may be issued by the Township Manager or his designee upon compliance by applicant with the provisions of this chapter and the regulations established thereunder by the Supervisors.
[Amended 3-14-1983 by Ord. No. 295]
B. 
Separate annual permits shall be required for each of the following:
(1) 
Transporting and/or storing and/or selling of any explosive or explosives.
(2) 
Transporting and/or using for blasting of any explosive or explosives.
C. 
A permit shall be valid only for a period of one year from the date of issuance and shall be subject to all limitations and provisions of this chapter.
D. 
Every vehicle while carrying explosives shall have displayed on its front, sides and back in letters easily legible at least three inches high, in contrasting colors, the word "explosives," or in lieu thereof shall display, in such manner that it will be visible from all directions, a red flag with the word "danger" printed, stamped or sewn thereon in white letters. Such flag shall be at least 12 inches square, and the letters shall be at least three inches high.
E. 
No person shall be permitted to smoke in or on a vehicle containing explosives, nor drive such a vehicle while intoxicated, nor drive such a vehicle or conduct himself in a careless or reckless manner, nor load or unload such vehicle while the motor is running or in a careless manner or while smoking or intoxicated, nor shall such vehicle be left unattended while it contains explosives.
F. 
No person shall be permitted to place, carry or cause to be placed or carried in the same compartment of the bed or body of any vehicle containing explosives, and metal tool or other piece of metal, any matches, any exploders, detonators, blasting caps or other similar explosive material or any other merchandise or equipment, provided the restriction as to tools and metals shall not apply to plumbing contractors licensed by the township when carrying less than 10 pounds of such explosives.

§ 60-8 Time and manner of blasting.

A. 
No blasting shall be permitted except between the hours of 8:00 a.m. and 5:00 p.m., Mondays through Saturdays. There shall be no blasting on legal holidays.
B. 
Blasting operations shall be conducted by the permittee in a safe, careful manner with full, proper and adequate safety precautions and protection to all persons and property and after suitable public warning at the expense and responsibility of the permittee.
C. 
The use of explosives for the purpose of blasting in the neighborhood of any public highway, stream of water, dwelling house, public building, school, church, commercial or institutional building or pipeline shall be done in accordance with the provisions of Section 3 of the Act of July 10, 1957, P.L. 685.[1]
[1]
Editor's Note: See 73 P.S. § 166.
D. 
In blasting operations, the ground displacement shall not be in excess of .03 inch at or near any dwelling house, public building, school, church, commercial or institutional building.
E. 
When blasting operations, other than those conducted at a fixed site as a part of an industry or business operated at such site, are to be conducted within 200 feet of a pipeline, the blaster or person in charge of the blasting operations shall take due precautionary measures for the protection of the line and shall notify the owner of the line or his agent that such blasting operations are intended.
F. 
Blasting operations near streams shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any stream without first obtaining a permit from the Department of Labor and Industry which has been approved by the Water and Power Resources Board.
G. 
Blasting operations shall not be conducted within 800 feet of any public highway unless due precautionary measures are taken to safeguard the public.
H. 
Mudcapping in blasting operations shall be permitted only where it would endanger the safety of the workmen to drill the rock or material to be blasted. If mudcapping is necessary, no more than 10 pounds of explosive shall be used for each charge.
I. 
All trunk lines of detonating fuse may be covered, except that trunk lines of detonating fuse shall be covered if located within 800 feet of any public highway, dwelling house, public building, school, church, commercial or institutional building.

§ 60-9 Permittee's liability.

The permittee shall be fully liable for any and all damages of every kind and nature resulting to any person or property from the conduct of the blasting operation and from the storage or transportation of explosives. This chapter shall not be construed so as to impose or increase liability upon the township, its agents, representatives or employees.

§ 60-10 Storage of explosives.

A. 
Any person holding a valid permit may store such explosives only in a magazine complying with the construction specifications for magazines containing explosives issued by the Pennsylvania Department of Labor and Industry and at such places as comply with the American Table of Distances issued by the Institute of Makers of Explosives, and an accurate record shall be kept at all times showing the size and contents of each container or package of explosives so stored.
B. 
Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives, and such magazines must be kept clean and free from grit, rubbish and empty packages.
C. 
All magazines containing explosives must be kept locked except when in actual process of being inspected or when explosives are being placed therein or are being removed therefrom. All explosives and portable magazines must be stored at the end of each working day in a permanent, locked magazine.

§ 60-11 Permit violations.

A. 
Whenever the Township Manager shall find that any person (as defined) holding a permit shall have obtained the permit with false information in the application or shall have violated any of the conditions thereof or of this chapter, or shall find that the conduct of such permittee is willful or creates a fire or explosion hazard requiring corrective action, the said Township Manager shall certify such violation to the Board of Supervisors and said officer shall forthwith suspend such permit.
[Amended 3-14-1983 by Ord. No. 295]
B. 
The Board of Supervisors, upon being notified of such suspension of permit, or upon its own motion upon information received of careless conduct or violations of this chapter requiring corrective action, may by majority vote revoke any permit. Before such final revocation of permit, at least five days' notice of a hearing before the Board of Supervisors shall be given to the permittee of the time and place of hearing, at which time a fair hearing shall be accorded the permittee.

§ 60-12 Violations and penalties.

[Amended 3-14-1983 by Ord. No. 295]
Any person, firm, company, corporation, organization, individual or group who or which shall violate any of the provisions of this chapter, including the failure to obtain the required permit, upon conviction thereof in a summary proceeding, shall be subject to a fine of not more than $300, plus costs of prosecution; provided, however, that each day's violation of any of the provisions of this chapter shall constitute a separate offense.