[Ord. 5-1976, 4/14/1976, § 1]
As used in this Part:
The use of explosives in the blasting of stone, rock, ore
or any other natural formation or in any construction or demolition
work.
A person licensed by the Commonwealth of Pennsylvania to
fire or detonate explosives in blasting operations.
Any chemical compound or other substance intended for the
purpose of producing an explosion, or that contains oxidizing and
combustible units or other ingredients in such proportions or quantities
that ignition by detonation may produce an explosion, capable of causing
injury to persons or damage property.
Any individual, partnership, firm, association, company,
corporation, syndicate or other groups.
[Ord. 5-1976, 4/14/1976, § 1; as amended by Ord.
9-2008, 12/17/2008]
No person shall detonate explosives in any blasting operation
in the Borough of Conshohocken unless he has passed an examination,
prescribed by the Department of Environmental Protection of the Commonwealth
of Pennsylvania, has obtained a license from said Department indicating
his competency to detonate explosives and has obtained a blasting
permit from Borough Council for which he shall be required to pay
to the Borough a fee as established from time to time by resolution
of Borough Council. Borough Council shall have the right to grant
permits subject to certain conditions to protect the public interest.
[Ord. 5-1976, 4/14/1976, § 1; as amended by Ord.
9-2008, 12/17/2008]
Upon receipt of an application for a blasting permit and prior
to issuance, Borough Council may hold a public hearing to determine
the circumstances and conditions surrounding the proposed blasting
and may consider and determine, inter alia, the following matters:
A.
Whether the proposed blasting will be in the neighborhood of any
public highway, stream of water, dwelling house, public building,
school, church, institutional building, pipeline or public utility
lines.
B.
The kind and quantity of explosives to be used.
C.
What ground vibrations are anticipated and how they have been estimated.
D.
What precautionary measures are to be taken for the protection and
safe-guarding of the public, underground pipelines and adjoining properties.
E.
Whether it is proposed to use mudcapping in the blasting operations.
F.
Whether trunk lines of detonating fuses will be covered.
G.
Whether such blasting operations will be conducted in accordance
with the rules and regulations promulgated by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
H.
Whether the owners of the adjoining properties have been given notice
that blasting operations are intended.
[Ord. 5-1976, 4/14/1976, § 1]
Upon the filing with the Borough Council of an application for
a blasting permit and Council's determination to hold a hearing
thereon, Council shall fix a time and place for a public hearing thereon
and shall give 10 days notice as follows:
A.
By publishing a notice in a newspaper of general circulation published
or circulated in the Borough.
B.
By mailing or serving due notices thereof to the applicant.
C.
By posting a notice on the building or lot where the blasting is
proposed.
D.
By mailing or serving notice thereof to the owner or owners, if their
residence is known, or to the occupier or occupiers of every lot on
the same street within 500 feet of the site of the proposed blasting
and of every lot not on the same street within 250 feet of the said
blasting site.
[Ord. 5-1976, 4/14/1976, § 1; as amended by Ord.
9-2008, 12/17/2008]
1.
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 pipe line
shall be done in accordance with the provisions of this Part and rules
and regulations promulgated by the Commonwealth of Pennsylvania regulating
blasting.
2.
In all blasting operations, except as hereinafter otherwise provided,
the maximum peak particle velocity of any one of three mutually perpendicular
components of the ground motion in the vertical and horizontal directions
shall not exceed two inches per second at the immediate location of
any dwelling house, public building, school, church, commercial or
institutional building.
A.
Instruments to be provided by applicant for determining particle
velocity as set forth in this subsection shall be limited to such
specific types of devices as shall been expressly approved by the
Commonwealth of Pennsylvania.
B.
When blasting operations are contemplated which would result in ground
vibrations that would have a particle velocity of any one of three
mutually perpendicular components in excess of two inches per second
at the immediate location of any dwelling house, public building,
school, church, commercial or institutional building, blasting operations
may proceed only after receiving written consent from the property
owner or owners affected.
3.
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 approval from the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
4.
Blasting operations shall not be conducted within 800 feet of any
public highway, unless due precautionary measures are taken to safeguard
the public.
5.
Mudcapping in blasting operations may 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 five pounds
of explosives shall be used for each charge.
6.
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.
7.
When blasting operations are contemplated, warning notices shall
be posted completely around the site and watchman shall be provided
by applicant to keep the blasting area free of members of the public.
8.
In blasting operations, the ground displacement shall not be in excess
of 0.02 inches at or near any dwelling house, public building, school,
church, commercial or institutional building.
9.
All blasting operations and use of explosives shall be in accordance
with this Part and with all rules and regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania for
the storage, handling and use of explosives and the manner of transporting
dynamite, black powder, fuse, blasting caps, electric blasting caps
or detonators, electric squibs, primacord, sensitized ammonium nitrate
or any other explosives shall be in accordance with the regulations
of the Department of Environmental Protection of the Commonwealth
of Pennsylvania, and any other State agency or department. Said rules
and regulations of the Department of Environmental Protection of the
Commonwealth of Pennsylvania are incorporated herein by reference
with the same force and effect as if set forth at length. Whenever
the provisions of this Part conflict with said rules and regulations
of the Department of Environmental Protection, the more restrictive
provisions of this Part or the rule or regulation shall apply and
govern the blasting operations and handling and use of explosives.
[Ord. 5-1976, 4/14/1976, § 1]
No person shall detonate any explosive in the Borough or be
entitled to any blasting permit unless a certificate or other proof
is filed with the Borough showing that the applicant carries workmen's
compensation insurance and public liability insurance with limits
of at least $50,000 for each person and $100,000 for each accident
on bodily injury liability and $100,000 on property damage liability.
[Ord. 5-1976, 4/14/1976, § 1; as amended by Ord.
8-1988, 11/9/1988, § 1; and by Ord. 9-2008, 12/17/2008]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fines and costs, to a term of imprisonment not to exceed 30
days. Each detonation of explosives without a permit shall constitute
a separate offense.
