[Ord. No. 1943 §1, 2-16-1998]
Purpose. For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings 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.
Blasting Definitions. Unless otherwise specified, the following terms are defined:
- The airborne shock wave or acoustic transient generated by an explosion.
- The qualified person in charge of, and responsible for the loading and firing of a blast.
- The Chief of the Fire Department or designee as per the Uniform Fire Code as adopted.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works or designee, including, but not limited to, any outside engineer or engineering firm.
- A unit of air over pressure commonly used to measure air blast.
- Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
- LICENSING OFFICER
- The Director of Public Works or designee.
- PARTICLE VELOCITY
- A measure of the intensity of ground vibration, specifically the time rate of change of the displacement amplitude of ground vibration; commonly expressed as inches per second.
- PRE-BLAST SURVEY
- A documentation, consisting of 35mm photographs as a minimum, of the existing condition of structures near an area where blasting is to be conducted.
- PERMIT AREA
- The land owned or leased by the permittee upon which blasting is to be done. It includes the boundaries of all land in which the permittee has rights under law to occupy the use.
- Any person, as hereinafter defined who shall apply for and obtain a permit under the terms of this Chapter and in accordance therewith.
[Ord. No. 1943 §2, 2-16-1998]
Required. No person shall do or cause to be done any blasting within the City limits, without first obtaining a permit therefor from the Director of Public Works, subject to all the provisions of this Chapter.
Time Limit. All permits issued pursuant to the requirements of this Chapter shall be issued for a term not to exceed ninety (90) days.
Any valid permit issued pursuant to this Chapter shall carry with it the right of one (1) ninety (90) day renewal. The holders of the permit may apply for renewal and such renewal shall be issued at no cost to the contractor/developer provided the applicant seeking renewal has met the requirements and conditions of this Chapter.
Application for permit renewal shall be made at least ten (10) days prior to the expiration of the valid permit.
Each application for a blasting permit under the provisions of this specification shall be accompanied by a fee as specified in the approved fee schedule.
The permit application shall be submitted in a manner satisfactory to the Director of Public Works and shall contain:
The name and address of the permit applicant.
If the applicant is a corporation, the State of incorporation.
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 data of submission of the application has been suspended or revoked.
A legal description of the property upon which the blasting is to be performed.
A description of the purpose for which the blasting is to be done.
A copy of the site blasting application shall be forwarded to the Fire Chief.
A statement of the land which the applicant has the legal right to enter and commence blasting and a statement of those documents upon which the applicant bases its legal right to enter and commence on the area affected.
Accurate maps of a scale of not less than one (1) inch to one hundred (100) feet clearly showing:
For any mining or open quarry mining, the application shall also include a survey performed by a registered land surveyor accurately showing the total perimeter of the area proposed to be mined during this permit period and a survey performed by a registered land surveyor showing the total area actually mined.
Public Liability Insurance Required For Blasting And Indemnification Of City.
Insurance. Before any permit, as required in this Chapter, is issued for the use or storage of explosives or blasting agents, every applicant shall procure and keep in force liability insurance, issued by a company approved by the City and duly authorized to do business in the State of Missouri. Meeting the following requirements:
The policy shall provide liability insurance with either a combined single-limit policy of five hundred thousand ($500,000.00) or a split-limit policy of one hundred thousand ($100,000.00)/three hundred thousand ($300,000.00) bodily injury and one hundred thousand ($100,000.00) property damage.
The City shall be listed as an additional insured to such policy by separate endorsement.
The policy shall contain a separate endorsement requiring the insurance company to notify the City in writing of any change in or cancellation of the policy at least ten (10) days prior thereto.
Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this Chapter to conduct blasting operations shall at all times assume full responsibility for such blasting and shall hold harmless and indemnify the City and its employees from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the blasting.
[Ord. No. 1943 §3, 2-16-1998]
Use Of Explosives.
All blasting shall be conducted between sunrise and sunset.
The Director of Public Works 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.
Blasting may, however, be conducted between sunset and sunrise, if:
A blast that 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;
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
A complete written report on the blasting at night is filed by the person conducting the blasting activities with the Director of Public Works not later than three (3) days after the night blasting. The report 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 Chapter.
Blasting shall be conducted at times announced in the blasting schedule, except in those unavoidable hazardous situations identified in the permit and plan, where operator or public safety require unscheduled detonation. When no schedule is provided, the Public Works Department and Fire Department shall be notified prior to any blasting.
During open quarrying, warning and all clear signals of different character that are audible within a 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. Each person who conducts surface mining activities shall maintain signs in accordance with State regulations.
Access to an area possibly subject to flyrock from blasting shall be regulated to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until the blaster who conducts the blasting activities has reasonably determined the following:
Except where lessor distances are approved in the pre-blast survey, based on seismic investigation or other appropriate investigation, blasting shall not be conducted within the following:
Three hundred (300) feet of any building used as a dwelling, school, church, hospital, or nursing facility; and
Three hundred (300) feet of facilities including, but not limited to disposal wells, petroleum or gas storage facilities, municipal water storage facilities, fluid transmission pipelines, gas or oil collection lines or water and sewerage lines.
Pre-blast surveys will be performed at the expense of the contractor/developer. Minimum qualification for performing a pre-blast survey shall be a person who has been employed in the blasting field for a minimum of two (2) years.
Owners of properties within three hundred (300) feet and requiring a survey shall be given written notice of the proposed blastings 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. The Director of Public Works shall be allowed access to the survey within forty-eight (48) hours of written notice. The survey shall be kept on file for three (3) years after conclusion of blasting operations.
Flyrock, including blasted material traveling along the ground, shall not be cast from the blasting vicinity more than half the distance to the nearest dwelling or other occupied structure and in no case beyond the boundary line of property owned or leased by the permittee or beyond the area of regulated access required under Subparagraph (4) of this Subsection (A).
Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine and change in the course, channel or availability of ground or surface waters outside the permit area.
In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one (1) 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 Director of Public Works may reduce the maximum peak particle velocity allowed if he/she determines that a lower standard is required because of density of population, land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors.
If blasting is conducted to prevent adverse impacts on any underground mine and changes in the course, channel or availability of ground or surface water outside the permit area, then the maximum peak particle velocity limitation of Subparagraph (8), above, shall not apply at the following locations:
At structures owned by the person conducting the blasting activity and not leased to another party; and
At structures owned by the person conducting the blasting activity and leased to another party, if a written waiver by the lessee is submitted to the Director of Public Works prior to blasting.
Equation for maximum weight. Equation for 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.
Airblast limits. Airblast shall not exceed the maximum limits listed below at any dwelling, public building, school, church, or community or institutional building outside the permit area.
Storage Of Explosives. All storage of explosives, in excess of that amount required for one (1) day's use, requires a permit to be issued by the Fire Department. 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.
Record Of Blasting Operations. A record of each blast, including seismograph reports, shall be submitted to the Director of Public Works on the fifteenth (15th) day of each month for blasts occurring during the previous month. The record shall contain the following data:
Name of permittee conducting the blast.
Location, date, and time of blast.
Name, signature of qualified blaster conducting the blast.
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.
Weather conditions, including those which may cause possible adverse blasting effects.
Type of material blasted.
Sketches of the blast pattern, including number at holes, burden, spacing, decks, and delay pattern.
Diameter and depth of holes.
Types of explosives used.
Total weight of explosives used per hole.
The maximum weight of explosives detonated in an eight (8) millisecond period.
Type and length of stemming.
Mats or other protection used.
Seismographs and airblast records, if required, which shall include:
Type of instrument, sensitivity, and calibration signed or certification of annual calibration.
Exact location at instrument and the date, time, and distance from the blast.
Name of the person and firm taking the reading.
Name of the person and firm analyzing the seismographic record.
The vibration and/or airblast level recorded.
Reasons and conditions for each unscheduled blast.
Right Of Entry. The City maintains the right of entry to premises where blasting operations are being conducted, both aboveground and underground during reasonable hours. 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 Chapter.
Transfer, Assignment Or Sale Of Rights Granted Under Permit. No transfer, assignment or sale of rights granted under any permit issued pursuant to this Chapter shall be made without prior approval of the Director of Public Works.
Suspension Or Revocation Of Permit. The Director of Public Works shall have the power to suspend for fifteen (15) days or revoke any permit granted under the terms and conditions of this Chapter for any of the following causes:
Any fraud, misrepresentation or false statement contained in the site application for permit.
Any violation of this Chapter.
Any violation of the Uniform Fire Code as adopted by the City.
Failure to rectify any condition.
Upon revocation or suspension, no refund of any portion of the license fee shall be made to the permittee and the permittee shall cease all blasting operations.
[Ord. No. 1943 §4, 2-16-1998]
The blasting permit application for the City shall be in essentially the following form:
[Ord. No. 1943 §5, 2-16-1998]
Upon compliance with the provisions of this Chapter and prior to the issuance of a blasting permit, the permittee shall pay to the City the sum of one hundred dollars ($100.00) for the issuance of a blasting permit.