[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 2-1-1960
by Ord. No. 135. Amendments noted where applicable.]
No person, firm, partnership, association, company, corporation, organization,
individual or group of any kind shall do or perform, conduct, supervise or
permit any blasting or the detonation of explosives or blasting material within
the Borough of Pennsburg nor within any street, highway or property of the
Borough of Pennsburg without first obtaining a blasting permit from the Borough
Secretary or the Building Inspector and complying with the regulations and
provisions hereinafter set forth.
An applicant seeking issuance of a permit shall execute an application
in writing on a form to be provided by the Borough Secretary or the Building
Inspector, setting forth the following specific information:
A.
The complete name, address and identity of the person,
firm, corporation, association or organization who or which proposes to do
the blasting, and the name, address and identity of the specific person who
shall be in charge thereof.
B.
The project or work in connection with which the blasting
is proposed to be done.
C.
The time, date and place when the blasting shall be done.
D.
The type, kind and amount of explosives to be used.
[Amended 4-3-2000 by Ord. No. 2-00]
Every applicant, as a condition precedent to issuance of a permit, shall
furnish evidence to the Borough Fire Marshal or Building Inspector that there
is and will continue in full force a public liability insurance policy against
personal injury and property damage in an amount of not less than $1,000,000
for any one accident, which liability insurance coverage must remain in effect
during the entire period of the blasting operations.
No blasting shall be permitted except between the hours of 8:00 a.m.
and 5:00 p.m. and at no other times shall blasting be permitted.
[Amended 4-3-2000 by Ord. No. 2-00]
A.
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 to within a one-quarter-mile
radius, in writing, with a minimum of 48 hours' notice.
B.
The permittee shall give the Borough Fire Marshal or
the Building Inspector a twenty-four-hour notice prior to any blasting.
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.
[Amended 4-3-2000 by Ord. No. 2-00]
A permit fee shall be paid to the Borough of Pennsburg for the processing
and issuance of the permit and any inspections associated with the blasting
operations. The amount of the fee shall be set by Pennsburg Borough Council
by resolution from time to time.
Any permit issued under the provisions of this chapter may be revoked
at any time by the Mayor, the Borough Secretary, the Building Inspector or
any appropriate public official in the event of any breach by the permittee
of the provisions hereof.
[Amended 4-4-1977 by Ord. No. 2-77; 4-3-2000
by Ord. No. 2-00]
Any person who shall violate any provisions of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than $600 and costs
of such proceedings, or upon default in payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days. The continuation
of such violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
