[HISTORY: Adopted by the Town of North Haven 10-19-2015 Special Town Meeting. Amendments noted
where applicable.]
It is hereby found and declared that it is in the best interests
of the Town of North Haven and its residents to adopt this Blasting
Ordinance to set forth the blasting policy of the Office of the Fire
Marshal developed for the protection of the health, safety, and well-being
of the Town, its residents, and their property.
A.
Blaster must obtain a permit from the Office of the Fire Marshal
for each blasting job.
B.
A blasting permit will remain in effect for 30 days only.
C.
Blaster must appear in person to obtain a permit and must present
the following information or documents at said time:
(1)
Completed application to purchase, transport, and use explosives
for local blasting permit;
(2)
Valid State of Connecticut driver's license;
(3)
Valid State of Connecticut explosives blaster's license;
(4)
State of Connecticut permit to transport explosives;
(5)
State Fire Marshal vehicle inspection certificate;
(6)
Certificate of liability insurance, including coverage for blasting;
(7)
Valid request number from "Call Before You Dig" (BUD);
(8)
Valid Town of North Haven building permit;
(9)
Proposed schedule of blasting, including a proposed date and time
for pre-blasting site inspection by Office of the Fire Marshal and
at a minimum, anticipated commencement and completion dates for the
blasting project; and
(10)
Pursuant to Section 29-349-110 of the Regulations of Connecticut
State Agencies, any additional information or documentation required
by the Fire Marshal to satisfy the Fire Marshal as to the identity
of the applicant and as to what use will be made of the explosives.
D.
A permit fee of $60 is required for each job.
E.
Pursuant to Section 29-349-110 of the Regulations of Connecticut
State Agencies, if the Fire Marshal is not satisfied as to the identity
of the applicant and as to what use will be made of the explosives,
he/she may refuse to issue a permit and shall notify the State Fire
Marshal of the refusal.
In the performance of blasting and related activity, the following
procedures and requirements shall be adhered to:
A.
A pre-blasting site inspection by the Office of the Fire Marshal
must be completed before any blasting is performed.
B.
The Fire Marshal or his/her designee must be on site prior to any
blasts if so required as a condition of approval at the time of issuance
of the blasting permit. If the Fire Marshal so conditions his/her
approval, notice of the time of each blast will be provided to the
Fire Marshal at least 48 hours in advance, and the blast will not
occur unless the Fire Marshal or his designee is present on site.
C.
A properly calibrated seismograph shall be used to monitor ground
vibration levels during each blast, and the operation of the seismograph
shall be attended to by the appropriate professional. Seismographic
monitoring shall be utilized at the structure(s) closest to the blasting
operation/site.
D.
Blaster shall carry his medical card and all state-required documents
at all times.
E.
Only enough explosives for the amount of blasting for one day for
which the permit application has been completed shall be permitted
to be transported.
F.
No blasters shall cause any vehicle carrying any quantity of explosives
or caps to be brought into any populated areas of the Town of North
Haven unless in direct route to the blasting site. No stops are to
be made with a loaded magazine for any purpose. Vehicles must proceed
directly to the blasting site.
G.
No vehicle transporting any quantity of explosives shall be left
unattended at any time, and when attended, the attendant must be a
licensed blaster.
H.
No temporary magazines will be allowed in the Town of North Haven.
I.
Blasting operations in the immediate vicinity of any utility infrastructure,
either above or below ground, shall have obtained written acknowledgement
from the utility(ies) involved prior to obtaining a blasting permit.
J.
All shots shall be covered with approved wire or rubber tire mats
with no exceptions.
K.
Any and all fly rock shall be reported immediately to the North Haven
Fire Department at 203-239-5321 at Extension 100.
A.
All owners of neighboring property that is within 500 feet of the
property or lot on which the blasting is to occur, as defined by the
land records, shall be notified by certified mail, return receipt
requested, and by first-class mail 21 days in advance of blasting
activity of the proposed location of blasting and schedule of blasting,
including the name of the property owner for the property or lot on
which the blasting is to occur; the address or a detailed description
of the property or lot on which blasting is to occur; the name of
the blaster; the commencement date and anticipated completion date
of the blasting activity; the right of the neighboring property owner
being notified to request a pre-blast survey and the individual or
entity to contact to request a pre-blast survey; that said individual
or entity responsible for receipt of requests for pre-blast surveys
must be contacted within 10 days of the date of the mailed notice
by the neighboring property owner if a pre-blast survey is desired;
and the individual or entity to contact if an emergency occurs or
if a neighboring property owner believes the blasting activity resulted
in damage to his/her/their property. For purposes of determining the
neighboring properties within the aforementioned 500 feet, measurement
shall be taken from the outer perimeter of the property or lot on
which the blasting is to occur in a straight line to any other properties
within 500 feet. This mailing will be paid for by the blasting company,
contractor, developer, or property owner(s) of the property on which
blasting is to occur, and a copy of the mailing shall be provided
to the Office of the North Haven Fire Marshal at the time of mailing.
In addition, a log of all certified mailings and certified mail receipts,
as well as the name and address of all neighboring property owners
who requested a pre-blast survey, shall be prepared and maintained
and submitted to the Office of the North Haven Fire Marshal seven
days in advance of blasting.
B.
Warning signs shall be placed 350 feet from the blasting site on
all roadways 48 hours prior to blasting and shall remain posted for
24 hours following the completion of all blasting.
C.
Each day of and prior to any blasting, the Town of North Haven Emergency
Communications Center shall be notified at 203-239-1616 as well as
the North Haven Fire Department at 203-239-5321 at Extension 100.
A.
A pre-blast survey consisting of internal and external photographs or videotaping shall be conducted for all structures and dwellings within 500 feet of the blasting zone when requested by any neighboring property owner(s). Any neighboring property owner who would like to request a pre-blast survey will notify the individual or entity designated to receive such requests of their request for a pre-blast survey within 10 days of the date that the above notice of blasting referenced in § 83-4A was mailed. All requested pre-blast surveys must be completed prior to any blasting. Any and all costs associated with pre-blast surveys shall be borne by the blasting company, contractor, developer, or property owner(s) of the property on which blasting is to occur.
B.
Copies of pre-blast surveys and any post-blast surveys, if conducted,
seismograph records, and proof of seismograph calibration will be
made available to the Office of the North Haven Fire Marshal or a
representative thereof.
Hours of blasting shall be limited to weekdays only between
the hours of 9:00 a.m. and 4:00 p.m. There shall be no blasting on
weekends or federal holidays. During days in which blasting occurs,
daily reports shall be filed with the Office of the North Haven Fire
Marshal on forms to be prepared by the Fire Marshal, which may be
amended from time to time to include the information listed below
and any other information that the Fire Marshal believes is necessary
to keep record of:
A.
Date and exact firing time and limits of blast by station;
B.
Name of person or entity responsible for charge and blasting permit
number;
C.
Unusual joint or seam conditions encountered in the rock;
D.
Type and strength of explosives, blasting caps, and distribution
of delay periods used;
E.
Total explosive loadings per round and per group of delays;
F.
Type of stemming, matting, or cover used;
G.
Prevailing weather conditions, including direction and approximate
velocity of wind, atmospheric velocity of wind, atmospheric temperature,
relative humidity, and cloud conditions at the time of blast;
H.
Comments by blaster in charge regarding any misfires and/or unusual
results or effects;
I.
An evaluation of the blast indicating areas of significant overbreak
or underbreaking and any recommended adjustments for the next blast;
and
J.
Signature and title of person making record entries.
In the event that there is an emergency need to blast, notice will be provided to the Office of the North Haven Fire Marshal at least 48 hours prior to the blast. Blasting activity will be considered to be necessary on an emergency basis if, in the discretionary opinion of the North Haven Fire Marshal, there is an imminent threat to life or property involved. However, this provision shall not be deemed to limit the authority of any federal, state, or local official or agency to direct blasting activity pursuant to any applicable federal, state, or local law, statute, code, or regulation. Notification of emergency blasting activity will be posted in the Town Clerk's office and on the Town's website, and compliance with the notification provisions of § 83-4 will not be required.
Applicable Connecticut General Statutes and regulations shall
be followed at all times, including all required safety regulations.
Failure to follow any statutes or regulations will result in the revocation
of the blasting permit issued by the Town of North Haven and a report
being submitted to the Bureau of the State Fire Marshal reporting
the revocation and detailing the reason(s) for revocation. The Office
of the Fire Marshal may inspect structures for damage to determine
compliance with all applicable statutes, regulations, and the provisions
of this chapter.
Pursuant to Connecticut General Statutes Section 29-355, if
any person considers himself aggrieved by the doings of the Office
of the Fire Marshal, he may apply, within 30 days, to the Superior
Court, which may grant appropriate relief.
A.
The provisions in this chapter shall be in addition to all existing
municipal ordinances and shall not limit the provisions or enforcement
of other applicable local, state, or federal codes, regulations, ordinances,
statutes, and/or any other laws.
B.
This chapter shall not supersede Connecticut regulations that apply
to storage, transportation, and use of explosives and blasting agents.
C.
The issuance of a permit under this chapter in no way relieves the
person(s)/entity(ies) holding the permit from their responsibility
for any damage or injury caused by their transportation and use of
explosives and blasting agents to another person's(s') property
or person.
D.
The provisions of this chapter shall not be construed in any way
to render the Town of North Haven and/or any of its officers, employees,
and/or officials liable for any damage to any person or property by
reason of the issuance of any blasting permit.
If any provision of this chapter or the application thereof
to any person or circumstances is held to be invalid, such invalidity
shall not affect other provisions or applications of any other part
of this chapter which can be given effect without the invalid provisions
or application; and to this end, the provisions of this chapter and
the various applications thereof are declared to be severable.
