[Ord. No. 3548 §1, 1-22-2004; Ord. No. 3581 §1, 8-16-2004; Ord. No. 3960 §1, 1-21-2013]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words used 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 shockwave or acoustic transient generated by
an explosion.
The act of causing an explosive to explode.
That area within a fifty (50) foot radius of any blast.
The City of De Soto.
A unit of air over pressure commonly used to measure airblasts.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion other than "consumer
fireworks" as defined by State law or Class C fireworks as defined
by regulation of the United States Department of Transportation.
The Building Inspector or persons so designated by the City
Manager to perform the duties provided for herein.
The land upon which the permitee 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 permitee or the person,
company or persons for whom the permitee 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 35mm 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 of importance including, but not limited to,
any dwelling, building, office, school, church, bridge, culvert dam,
tower, utility, roadway, etc.
[Ord. No. 3548 §1, 1-22-2004]
A.Â
Required.
1.Â
No person
shall do or cause to be done any blasting within the City limits without
first obtaining a permit therefor from the Building Inspector subject
to the provisions of this Section.
2.Â
The
Building Inspector 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.Â
In the
event a permit request is denied by the Building Inspector, the applicant
may, within two (2) weeks following the denial, file an appeal to
the City Manager.
B.Â
Permits/Time Limit. All permits issued pursuant to the requirements
of this Section shall be issued for a term not to exceed ninety (90)
days and for a particular permit area. Except for quarrys, the term
shall be for one (1) year.
C.Â
Renewals.
1.Â
Any
valid permit issued pursuant to this Section shall carry with it the
right of one (1) ninety (90) day renewal. The holder of the permit
may apply for renewal and such renewal shall be issued at no cost
to the permit holder provided the applicant seeking renewal has met
the requirements and conditions of this Section.
2.Â
Application
for permit renewal shall be made at least ten (10) days prior to the
expiration of the valid permit.
D.Â
Application Requirements.
1.Â
Each
application for a blasting permit under the provisions of this Section
shall be accompanied by a fee of one hundred dollars ($100.00). Except
for quarrys, the fee shall be one hundred fifty dollars ($150.00).
2.Â
The
permit application shall be submitted in a manner satisfactory to
the Building Inspector and shall contain the following:
a.Â
The
name and address of the permit applicant.
b.Â
If
the applicant is a corporation, the State of incorporation.
c.Â
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 (5) year period prior to the date of submission of the
application herein has been suspended or revoked.
d.Â
A
legal description of the permit area.
e.Â
A
description of the purpose for which the blasting is to be done.
f.Â
A
copy of the site blasting application shall be forwarded to the Building
Inspector for the City of De Soto.
g.Â
Accurate
maps of a scale not less than one (1) inch to one hundred (100) feet
clearly showing:
(1)Â
The land boundaries and adjacent uses to the permit area.
(2)Â
The location and type of closest structures to the permit area in
any direction for a distance of five hundred (500) feet from the boundaries
of the permit area.
(3)Â
All easements of record, public and private, which cross or border
the permit area.
[Ord. No. 3548 §1, 1-22-2004]
A.Â
Before
any permit, as required by this Section, 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.
B.Â
The applicant
shall file with the Building Inspector 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.
C.Â
Liability
insurance shall be provided by a responsible company licensed to do
business in the State of Missouri and shall include the minimum coverages:
D.Â
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 Inspector.
[Ord. No. 3548 §1, 1-22-2004; Ord. No. 3581 §1, 8-16-2004]
A.Â
Use Of Explosives.
1.Â
All
blasting shall be conducted during the daylight hours between sunrise
and sunset.
a.Â
The
Building Inspector 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.Â
Blasting
may, however, be conducted during the nighttime hours between sunset
and sunrise if:
(1)Â
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; and
(2)Â
In addition to the required warning signals, oral notices are provided
to persons within one-half (½) mile of the blasting site unless
persons have requested in writing they not be notified; and
(3)Â
A complete written report on the blasting at night is filed by the
person conducting the blasting activities with the Building Inspector
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 Section.
2.Â
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 Inspector,
Police dispatch and Fire Chief shall be notified prior to any blasting.
3.Â
During
blasting operations, warning and all clear signals of different character
that are audible within range of one-half (½) 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 (½)
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.Â
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.Â
Except
where lesser distances are approved by the Building Inspector 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.Â
Fifty
(50) feet of any building used as a dwelling, school, church, hospital
or nursing facility; and
b.Â
Fifty
(50) 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.Â
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.Â
Owner
of properties within fifty (50) feet of any blast site 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 35mm photographs. However, in some cases additional documentation
such as technical reports and video tape may be required by the City.
6.Â
In all
blasting operations, except as otherwise authorized in this Section,
the maximum peak particle velocity shall not exceed two (2) 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. The Building Inspector may reduce the
maximum peak particle velocity allowed if it is determined that a
lower standard is required because of density of population, land
use, age or type of structures in the area or frequency of blasts
or other factors.
7.Â
Equation for maximum weight. The maximum weight of explosives
to be detonated within any eight (8) 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 (8) millisecond
period and "D" equals the distance in feet from the blast to the nearest
dwelling, school, church, or commercial or institutional building.
[Ord. No. 3548 §1, 1-22-2004]
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 the International Fire Code. The day box storage of that amount
required for one (1) day's use as approved in the blasting permit
application shall be in accordance with all City, State and Federal
regulations.
[Ord. No. 3548 §1, 1-22-2004]
A.Â
A record
of each blast, including seismograph reports, shall be submitted to
the Building Inspector on the fifteenth (15th) day of each month for
blasts occurring during the previous month. The record shall contain
the following data:
1.Â
Name
of the permittee conducting the blast.
2.Â
Location,
data and time of each blast.
3.Â
Name,
signature of qualified powderman/blaster conducting the blast.
4.Â
Identification,
direction and distance in feet from the nearest blast hole to the
nearest dwelling, public building, school, church, community building
or institutional building outside the permit area.
5.Â
Weather
conditions, including those which may cause possible adverse blasting
effects.
6.Â
Type
of material blasted.
7.Â
Sketches
of the blast pattern, including number of holes, burden, spacing and
delay pattern.
8.Â
Diameter
and depth of holes.
9.Â
Types
of explosive and detonator used.
10.Â
Total
weight of explosives used per hole.
11.Â
Mats
or other protection used.
12.Â
Seismograph
and airblast records which shall include:
a.Â
Type
of instrument, sensitivity and calibration signed or certification
of annual certificate.
b.Â
Exact
location of instrument and date, time and distance from blast.
c.Â
Name
of the person and firm taking the reading.
d.Â
Name
of the person and firm analyzing the seismographic record.
e.Â
The
vibration and/or airblast level recorded.
f.Â
Reason
and condition for each unscheduled blast.
[Ord. No. 3548 §1, 1-22-2004]
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 Section.
[Ord. No. 3548 §1, 1-22-2004]
A.Â
The Building
Inspector shall have the authority to suspend or revoke any permit
granted under the terms and conditions of this Section for any of
the following causes:
1.Â
Any
fraud, misrepresentation or false statement contained in the application
for permit.
2.Â
Any
violation of this Section or any of its Subsections.
3.Â
Any
violation of the International Fire Code as adopted by the City.
4.Â
Failure
on the permittee's part to rectify any condition after notice.
[Ord. No. 3548 §1, 1-22-2004]
Any person who shall violate any provisions of this Chapter shall be subject to the penalties in Section 100.090 of the De Soto Code of Ordinances.
