[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
Fire prevention — See Ch. 84.
Definition of hazardous material — See
Ch. 108.
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Editor's Note: This ordinance also repealed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.
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:
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.
Ongoing mining and excavating-related blasting.
General blasting for purposes other than mining.
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).
Blasting of a singular nature, not intended as a continual
part of operations.
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.
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.
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.
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.
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;
C.
Fails to obtain any required permit; or
D.
Fails to obtain any required insurance.
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.
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.
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.
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.
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.
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.
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.
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
|
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
|
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.
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.
