[Ord. No. 041213A §1, 12-13-2004; Ord. No. 050110D §1, 1-10-2005]
The equipment, processes and operations involving the manufacture,
possession, storage, sale, transportation, maintenance and use of
explosive materials shall comply with the requirements of this Chapter,
NFPA 495, ATF publication 5400.7 (6/90) and DOT 49 CFR.
[Ord. No. 041213A §2, 12-13-2004; Ord. No. 050110D §2, 1-10-2005]
A.
A permit
shall be required for the following conditions and operations:
1.
The
manufacture, possession, storage, sales or other disposition of explosive
materials;
2.
The
transportation of explosive materials;
4.
The
operation of a terminal for handling explosive materials; and
5.
The
delivery to or receipt of explosive materials from a carrier at a
terminal between the hours of sunset and sunrise.
[Ord. No. 041213A §3, 12-13-2004; Ord. No. 050110D §3, 1-10-2005]
A license, issued by the City of Willard, shall be obtained
by all persons conducting blasting operations within the Willard City
limits or on any job under the control of the City. To obtain a blaster's
license, the applicant shall meet the requirements as set out in NFPA
495, Section 2-4.2.
Note: An applicant who has successfully completed
a blaster's certification course by ISEE (International Society of
Explosives Engineers), MLPA (Missouri Limestone Producers Association)
or another recognized testing agency and has kept the certification
current will be considered as having fulfilled the requirements of
NFPA 495, Section 2-4.2.
[Ord. No. 041213A §4, 12-13-2004; Ord. No. 050110D §4, 1-10-2005]
A.
An applicant
who has not been previously certified by a recognized testing agency
shall provide documentation of a minimum of two (2) years or two thousand
(2,000) hours of experience using explosives as a regular part of
employment. Written confirmation of this experience must be provided
by a current or former employer.
B.
The applicant
shall also pass a written examination which will be administered by
the Willard City Administrator.
Note: The verification of experience and passing
of the written examination shall be for the sole purpose of obtaining
a blasting license for the City of Willard, Missouri, and shall not
be considered as certification to be recognized by other agencies.
[Ord. No. 041213A §5, 12-13-2004; Ord. No. 050110D §5, 1-10-2005]
A blaster's license shall be issued for a period of one (1)
year and shall expire twelve (12) months from the date of issue. As
long as licensee remains qualified in the field of blasting services,
the licensee may apply for a renewal of the annual license before
the expiration of the current year's license.
[Ord. No. 041213A §6, 12-13-2004; Ord. No. 050110D §6, 1-10-2005]
The blasting contractor shall provide a certificate of insurance
for special blasting liability in the amount of no less than one million
dollars ($1,000,000.00) per incident and two million dollars ($2,000,000.00)
per project on an occurrence basis.
[Ord. No. 041213A §7, 12-13-2004; Ord. No. 050110D §7, 1-10-2005]
For electrically initiated blasts or blasts which may be affected
by two-way radios or cellular phones, proper signage shall be set
on all streets, roads or highways within one thousand (1,000) feet
of the blast area unless otherwise approved by the City Administrator
declaring "BLAST AREA — TURN OFF TWO-WAY RADIOS AND NO CELLULAR
PHONE USAGE". For other blasting, proper signage shall be set on all
streets, roads or highways within one thousand (1,000) feet of the
blasting area unless otherwise approved by the City Administrator
declaring "BLAST AREA".
[Ord. No. 041213A §8, 12-13-2004; Ord. No. 050110D §8, 1-10-2005]
A.
Blasters
shall be responsible for conducting pre-blast surveys when blasting
within congested areas or within three hundred fifty (350) feet of
any structure, well, railway, road, highway or any other installation.
[Ord. No. 041213A §9, 12-13-2004; Ord. No. 050110D §9, 1-10-2005]
A.
Written
notice shall be delivered to all property owners/managers within the
pre-blast survey area and shall contain at a minimum:
[Ord. No. 041213A §10, 12-13-2004; Ord. No. 050110D §10, 1-10-2005]
A.
Warnings
shall be sounded as follows:
1.
The
blasting contractor shall be responsible for insuring that the blast
area is visually inspected and made clear of people and/or animals
before each shot.
2.
Three
(3), five (5) to ten (10) second soundings from a siren, air horn
or other approved warning device that can be heard for a distance
of up to and including one-half (½) of a mile from the blast
site shall be sounded.
3.
A waiting
period of thirty (30) seconds shall be observed.
4.
One
(1) additional five (5) to ten (10) second sounding shall be made.
5.
Immediately
following the two (2) five (5) to ten (10) second soundings, a voice
command shall be given from an amplified bullhorn or equal stating
"detonation to follow".
6.
No person
shall enter the blast area until such time that the blaster in charge
has determined that no danger exists.
7.
An "all
clear" voice command shall be given after the blast and when the blast
area is safe to enter for inspection.
[Ord. No. 041213A §11, 12-13-2004; Ord. No. 050110D §11, 1-10-2005]
Blasting operations shall be performed in accordance with the
instructions of the manufacturer of the explosive materials being
used.
[Ord. No. 041213A §12, 12-13-2004; Ord. No. 050110D §12, 1-10-2005]
A.
When
blasting is done in a congested area or within three hundred fifty
(350) feet of a structure, well, railway, road, highway or any other
installation, precautions shall be taken to minimize earth vibrations
and air blast effects. Blasting mats or other protective means shall
be used to prevent fragments from being thrown.
1.
No fly
rock shall leave the immediate area. On special occasions it may be
necessary to cover the shot to prevent fly rock from leaving the blast
area.
2.
A minimum
of one (1) seismograph shall be used on all blasting areas. Additional
seismographs may be required by the City Administrator.
3.
Peak
particle velocity shall not exceed one (1.0) IPS (inches per second)
at the closest uncontrolled structure or well.
4.
Monthly
seismic readings and copies of the blasting log shall be provided
to the City Administrator unless more frequent readings and logs are
requested.
5.
Sound
levels shall not exceed one hundred thirty-four (134) decibels at
the closest uncontrolled structure.
[Ord. No. 041213A §13, 12-13-2004; Ord. No. 050110D §13, 1-10-2005]
Blasting operations shall be conducted only between the hours
of 10:00 A.M. and 3:00 P.M. local time, Monday through Friday, unless
otherwise approved in writing. Any person performing blasting shall
notify the City no less than twenty-four (24) hours before the blasting
is to occur.
[Ord. No. 041213A §14, 12-13-2004; Ord. No. 050110D §14, 1-10-2005]
Whenever blasting is being conducted in the vicinity of utility
lines or rights-of-way, the blaster shall notify the appropriate representatives
of the utilities at least twenty-four (24) hours in advance of blasting
specifying the location and intended time of such blasting. Verbal
notices shall be confirmed with written notice.
Exception: In an emergency situation, the time
limit shall not apply when approved.
[Ord. No. 041213A §15, 12-13-2004; Ord. No. 050110D §15, 1-10-2005]
Precautions shall be taken to prevent accidental discharge of
electric detonators from currents induced by radar and radio transmitters,
lightning, adjacent power lines, dust and snowstorms, or other sources
of extraneous electricity.
[Ord. No. 041213A §16, 12-13-2004; Ord. No. 050110D §16, 1-10-2005]
Precautions shall be taken to prevent accidental initiation
of non-electric detonators from stray currents induced by lightning
or static electricity.
[Ord. No. 041213A §17, 12-13-2004; Ord. No. 050110D §17, 1-10-2005]
During the time that holes are being loaded or are loaded with
explosive materials, blasting agents or detonators, only authorized
persons engaged in drilling and loading operations or otherwise authorized
to enter the site shall be allowed at the blast site. The blasting
area shall be guarded or barricaded and posted. Blasting area and
site security shall be maintained until after the post-blast inspection
has been completed.
[Ord. No. 041213A §18, 12-13-2004; Ord. No. 050110D §18, 1-10-2005]
Holes drilled for the loading of explosive charges shall be
made and loaded in accordance with NFPA 495.
[Ord. No. 041213A §19, 12-13-2004; Ord. No. 050110D §19, 1-10-2005]
After loading for a blast is completed and before firing, excess
explosive materials shall be removed from the area and returned to
the proper storage facilities.
[Ord. No. 041213A §20, 12-13-2004; Ord. No. 050110D §20, 1-10-2005]
The initiation of blasts shall be by means conforming to the
provisions of NFPA 495.
[Ord. No. 041213A §21, 12-13-2004; Ord. No. 050110D §21, 1-10-2005]
The blaster shall supervise the connecting of the blast holes
and the connection of the loadline to the power source or initiation
point. Connections shall be made progressively from the blast hole
back to the initiation point. Blasting lead lines shall remain shunted
(shorted) and shall not be connected to the blasting machine or other
source of current until the blast is to be fired.
[Ord. No. 041213A §22, 12-13-2004; Ord. No. 050110D §22, 1-10-2005]
No blast shall be fired until the blaster has made certain that all surplus explosive materials are in a safe place in accordance with Section 510.190, all persons and equipment are at a safe distance or under sufficient cover, and that an adequate warning signal has been given.
[Ord. No. 041213A §23, 12-13-2004; Ord. No. 050110D §23, 1-10-2005]
A.
After
the blast, the following procedures shall be observed:
1.
No person
shall return to the blast area until allowed to do so by the blaster
in charge;
2.
The
blaster shall allow sufficient time for smoke and fumes to dissipate
and for dust to settle before returning to or approaching the blast
area; and
3.
The
blaster shall inspect the entire blast site for misfires before allowing
other personnel to return to the blast area.
[Ord. No. 041213A §24, 12-13-2004; Ord. No. 050110D §24, 1-10-2005]
Where a misfire is suspected, all initiating circuits shall
be traced and search made for unexploded charges. Where a misfire
is found, the blaster shall provide proper safeguards for excluding
all personnel from the blast area. Misfires shall be reported to the
blasting supervisor immediately. Misfires shall be handled under the
direction of the person in charge of the blasting operation in accordance
with NFPA 495.
[Ord. No. 050110D §25, 1-10-2005]
A.
General Penalties — Continuing Violations — Additional
Remedies.
1.
Any
person violating any of the provisions of this Chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished as
provided by this Section.
2.
Whenever
in this Chapter an act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor, or the doing of any act is
required or the failure to do any act is declared to be unlawful or
an offense or a misdemeanor, and no specific penalty is provided therefor,
the violation of any such provision of this Chapter shall be punished
by a fine of not less than ten dollars ($10.00) nor more than one
thousand dollars ($1,000.00) or by imprisonment in jail for a period
not exceeding one hundred eighty (180) days, or both such fine and
imprisonment.
3.
Every
day any violation of this Chapter shall continue, such violation shall
constitute a separate offense.
4.
In no
event shall any person be imprisoned for a period of more than one
hundred eighty (180) days for a violation of this Chapter, whether
such imprisonment shall be because of sentence of imprisonment or
because of failure to pay a fine imposed or because of both such a
sentence and failure to pay a fine imposed.
5.
In the
event of any violation of this Chapter, the City may institute injunction
mandamus, abatement or any other appropriate action, actions, proceeding
or proceedings to prevent, enjoin, abate or remove such unlawful location,
erection, construction, reconstruction, enlargement, change, maintenance
or use.
6.
In addition
to the above penalties, the City may, through its Law Department,
seek mandatory injunctive relief to enjoin persons who violate provisions
of this Chapter. Violations of this Chapter are hereby declared by
the Board of Aldermen to be public nuisances. A person who deliberately
fails to comply with the provisions of this Chapter shall be subject
to suspension or revocation of the business license as set forth in
this Section.
B.
Stop Order — Suspension And Revocation Of Plans, Permits, Certificates,
Approvals And Variance.
1.
Except
as otherwise specifically provided in this regulation, the City shall,
upon finding that any person is or has been engaging in conduct declared
unlawful by this Chapter, issue an order directing such person to
stop engaging in such conduct.
2.
The
issuance of a stop order shall suspend the effect of any approval,
permit, plan, variance or certificate previously issued that relates
to the property or premises subject to the stop order until such time
as the stop order is withdrawn by the City.
3.
The
City may, if it so specifies in the stop order, revoke any permit
or certificate previously issued by the City.
C.
Revocation Or Denial Of License.
1.
Grounds for revocation, denial or non-renewal. All business
licenses issued for blasting shall be issued by the City upon the
condition that the licensee complies with this Section. No licensee
shall cause, maintain or permit a nuisance in the conduct of the business
for which the license is issued or on land where the business is licensed,
nor shall any licensee conduct blasting in violation of any provision
of this Chapter that applies to the operation of that business. Any
person who operates a business licensed pursuant to this Chapter who
maintains, causes or permits a nuisance in its conduct shall be subject
to having the business license revoked or not renewed by the City
in accordance with procedures set forth in this Chapter. The City
shall not issue a business license when the City has reason to believe
that the issuance of the license will result in the operation of the
business in violation of this Chapter or that the operation of the
business will cause or result in a nuisance or that a nuisance is
on the land where the business is to be licensed. Upon the City making
a determination that there may be a violation of this Section, the
City shall notify the applicant in writing that the City will not
issue the license, that the City will not renew the license or that
the City is revoking the license, stating the reasons for the City's
decision.
2.
Procedure for denial or non-renewal. If the City determines
that the application for a license is not to be granted or if it determines
not to renew the license, then the notice to the person requesting
the license or renewal thereof shall give the applicant at least five
(5) days' notice to request an informal meeting with the City. The
City shall, if a hearing is requested within that time, hold an informal
meeting with the applicant, informing the applicant of the basis upon
which the decision was made and shall attempt to informally resolve
the matter. After such informal meeting, the City may reverse his/her
decision or may reaffirm its decision in writing. Thereafter, the
applicant may request a public hearing by filing a written request
with the City within fifteen (15) days of the date of the City's decision.
At the public hearing, a hearing officer appointed by the City Administrator
shall hear evidence, determine the facts upon the evidence presented
at the hearing and render a decision.
3.
Procedure for revocation. If the City takes action to revoke
a license, it shall provide the licensee with notice in writing concerning
the basis upon which the revocation is made, setting forth a date
for an informal meeting with the licensee, giving the licensee at
least five (5) days' notice. If the licensee does not appear at the
informal meeting or if the licensee appears and the matter is not
resolved, the City shall set a public hearing by giving the licensee
at least ten (10) days' written notice of the public hearing. At the
public hearing, a hearing officer appointed by the City Administrator
shall hear evidence, determine the facts based upon the evidence presented
at the hearing and render a decision.
4.
Conduct of hearings. The hearing officer shall determine
whether or not there is a basis for not issuing the license, not renewing
the license or revoking the license. All notice for purposes of this
Section shall be deemed to occur two (2) days after the date the notice
is placed in the United States mail, postage prepaid.
5.
Penalties for operation without license. After the decision
of the City or the hearing examiner becomes final, the minimum penalty
for operating a business without a license shall be seventy-five dollars
($75.00) per day for each day the person operates without a license.
In addition, the City may seek civil penalties in a court of competent
jurisdiction of seventy-five dollars ($75.00) per day for each day
a person operates a business without a business license.
6.
Civil enforcement. Any adjacent or neighboring property
owner who would be specially damaged by any violation of this Chapter,
in addition to the penalties and remedies provided by law, may institute
injunction, mandamus, abatement or any other appropriate action, actions,
proceeding or proceedings to prevent, enjoin, abate or remove such
unlawful action.
[Ord. No. 050110D §26, 1-10-2005]
The City and/or its designee shall monitor compliance with this
Chapter and in so doing reserves the right to place any monitoring
device and/or seismograph at appropriate locations to ensure compliance.
All costs associated with monitoring and blasting shall be borne by
the City. All parties performing blasting shall provide to the City,
within thirty (30) days of the blasting, all appropriate records including,
but not limited to, seismographic readings, quantities and types of
blasting materials used and time of blasting.
[Ord. No. 041213A §27, 12-13-2004; Ord. No. 050110D §27, 1-10-2005]
For the purposes set forth in this Chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein. Unless otherwise specified, the following terms are defined:
A unit of measure in inches per second (IPS) commonly used
in mining and quarrying operations to measure by instrumentation the
ground vibration caused by blasting.
The documentation of the existing conditions of a structure.
The survey is used to determine whether subsequent blasting caused
damage to the structure.
Any occupied structure not owned or controlled by the explosive
user.
