[Ord. No. 2007.38, 6-19-2007]
This article shall be known as the "City of Biddeford Blasting
Ordinance."
[Ord. No. 2007.38, 6-19-2007]
The purpose of this article is to protect the public's health,
safety, and general welfare by regulating and controlling blasting
operations within the City, without causing undue financial and administrative
hardship to blasting operators.
[Ord. No. 2007.38, 6-19-2007; Ord. No. 2007.93, 9-18-2007]
As used in this article, the following terms shall have the
meanings indicated:
AIRBLAST
An airborne shock wave resulting from the detonation of explosives.
The movement of overburden or the release of expanding gas into the
air resulting from the detonation of explosives may also cause airblast.
Airblast may or may not be audible.
APPLICANT
The person, company or corporation responsible for managing
and/or conducting of a blasting operation.
BLASTING
Any activity entailing the use of explosives for the purpose
of producing an explosion to demolish structures or to fragment rock
for mining, quarrying, excavation, or construction. Related terms
are as defined in the BOCA National Fire Prevention Code and NFPA
495 Explosive Materials Code.
BLASTING OPERATION
Includes all blasting anticipated to be undertaken during
the completion of a contract or series of contracts, for demolition,
excavation, construction, and development. A blasting operation includes
all work involving the preparation, drilling, loading and detonation
as well as the excavation and clean up of the blasted area.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy. For application of this Code, each portion of
a building completely separated from other portions by firewalls complying
with BOCA standards shall be considered as a separate building.
DECIBEL
The unit of sound pressure commonly used to measure airblast
from an explosion. The decibel scale shall be logarithmic.
EMERGENCY
A sudden or unexpected occurrence involving a clear and imminent
danger, demanding immediate action to prevent or mitigate loss of,
or damage to, life, health, property, or essential public services.
EMERGENCY BLASTING OPERATION
An immediate blasting operation necessary to prevent or mitigate
loss of, or damage to, life, health, property, or essential public
services.
EXPLOSIVES
Any substance, chemical compound, or mechanical mixture that
is commonly used for the purpose of producing an explosion for blasting,
as defined by this article. Initiating devices (detonators, detonating
cords, etc.) are also included in this definition.
FLYROCK
Rock that is propelled through the air or along the ground
because of the detonation of explosives.
GROUND VIBRATIONS
The shaking of ground caused by the blast wave emanating
from the detonation of an explosive.
HERTZ
A term used to express the frequency of ground vibrations
and airblast. One hertz is one cycle per second.
INDEPENDENT FIRM
A bona fide company approved by the Fire Department who is
not affiliated with the applicant but is contracted to impartially
render services. In order to qualify as an independent firm, such
firm shall verify the following:
(1)
The company that has been incorporated for a minimum of one
fiscal year.
(2)
The company holds general liability, workers compensation and
auto liability insurance.
(3)
The company and/or its principal has a minimum of three years
experience in the use and theory of seismology, as well as structural
engineering as it relates to vibratory energies.
(4)
The company and its principal are active members of an accepted
blasting and/or vibration related organization.
(5)
The principal or a member of management holds an engineering
or seismographic certificate of graduation.
(6)
The company is established as a neutral consultant that the
City may depend on for consultation.
(7)
The company has seismographic instrumentation and photographic
instruments not owned and registered to the blasting company or its
affiliates.
PARTICLE VELOCITY
A measure of ground vibration. Particle velocity describes
the velocity at which a particle of ground vibrates when excited by
a force producing ground motion such as an earthquake or an explosion,
measured in inches per second.
SEISMOGRAPH
An instrument that measures and records earthborn vibration
induced by the detonation of explosives. The instrument shall produce
a direct printout of ground motion frequency, acceleration, particle
velocity and amplitude, or produce a record from which any of these
parameters can be calculated.
[Ord. No. 2007.38, 6-19-2007]
This article shall apply to all blasting operations related to demolition, excavation, construction and development within the City. Emergency blasting operations shall be subject to this article, except that with respect to performance standards (Section
34-457), only those identified in Section 34-457(9) of this article shall apply.
[Ord. No. 2007.38, 6-19-2007]
(a) A permit shall be obtained from the Biddeford Fire Department prior
to any blasting with explosive devices or materials for any purpose
within the boundaries of the City.
(b) All blasting permits shall expire one year from date of issuance.
[Ord. No. 2007.38, 6-19-2007]
(a) This article is enacted pursuant to 30-A M.R.S.A. § 3001.
(b) All blasting permits shall be approved, approved with conditions,
or denied by the Biddeford Fire Chief, or their designee. Generally,
permits for blasting operations shall be reviewed as follows:
(1)
Emergency and Level 1 blasting operations: The Fire Chief, or
their designee, shall review applications for emergency blasting operations
and for the removal of less than 50 cubic yards of material per blasting
operation.
(2)
Level 2 blasting operations: The City Planner, City Engineer,
and Fire Chief shall review applications for the removal of more than
50 cubic yards of material per blasting operation.
(c) Based on the reliability of the quantity estimate, the location of
the project, and other factors that may warrant additional review,
the Fire Chief, or their designee, in consultation with the City Planner
and City Engineer, may elevate a Level 1 blasting operation to a Level
2 blasting operation application.
[Ord. No. 2007.38, 6-19-2007]
(a) Application forms for blasting permits may be obtained from the Biddeford
Fire Department (Alfred Street Central Station). Applications will
be accepted from 8:00 a.m. to 4:00 p.m. Monday to Friday, excluding
holidays. Two complete applications, including all submittal requirements,
are required.
(b) All applications shall be accompanied with the following:
(3)
Name of the general contractor or quarry operator;
(4)
Name and qualifications of the person or company to perform
the blasting;
(5)
Documentation of State of Maine certification;
(6)
Documentation of insurance;
(7)
Location of blasting operations, including a map of the subject
property, and the blast area for which the permit is requested;
(8)
Estimate of the number of cubic yards of material to be removed
by blasting;
(9)
Estimated number of blasts required to complete the blasting
operation;
(10)
Description of the project for which the blasting is being undertaken;
and
(11)
Projected dates work is to be undertaken.
(c) No permit shall be issued, without the following having been submitted:
(1)
Evidence that notification published in a newspaper of general circulation at least 10 calendar days prior to the intended date of the commencement of the blasting operations [in accordance with the applicable requirements of Sections
34-457(c) or
34-457(i)].
(2)
Evidence that notification of abutters has been sent by United States Postal Service (USPS) certified mail at least 10 calendar days prior to the intended date of the commencement of the blasting operations [in accordance with the applicable requirements of Sections
34-457(c) or
34-457(i)].
(3)
Evidence that preblast surveys were offered to abutters [in accordance with Section
34-457(d)].
(4)
Evidence that drinking water well tests were offered to abutters [in accordance with Section
34-457(e)].
(d) Upon submittal of a two complete applications and all submittal requirements outlined in Subsections
(b) and
(c), the Biddeford Fire Chief, or their designee, shall approve, approve with conditions, or deny the application for a blasting permit within four working days (Monday through Friday, excluding holidays).
(e) Fees required. Applications for a Level 1 blasting operation shall
be accompanied with a fee of $50. Applications for a Level 2 blasting
operation shall be accompanied with a fee of $200.
[Ord. No. 2007.38, 6-19-2007; Ord. No. 2007.93, 9-18-2007]
(a) Hours of operation. Blasting operations, other than the blasting
itself, shall be limited to between the hours of 7:00 a.m. and 6:00
p.m., Monday through Friday, and 7:00 a.m. to 2:00 p.m., Saturday.
Blasting itself shall not occur prior to 8:00 a.m., Monday through
Saturday.
(b) Liability insurance. Blasting contractors and/or applicants shall
carry general liability insurance in accordance with the following:
(1)
The amount insured must be a minimum amount of $1,000,000 combined
single limit per occurrence and $2,000,000 aggregate.
(2)
The insurance policy must contain specific reference to blasting
as an activity covered by the insurance.
(3)
The policy shall indemnify and hold harmless the City, its agents
and/or representatives, employees, and residents from and against
any or all claims, damages, losses and expenses including legal fees
arising out of or resulting from performance of the work, provided
that such claim, damage, loss or expense is attributable to bodily
injury or death, or to injury to or destruction to tangible personal
or real property, including the loss of use, resulting in whole or
in part from the blasting activity by any negligent act or omission
of the contractor or any of its officers, agents, employees, representatives,
subcontractors, and/or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them would be liable regardless
of whether it is caused in part by a party indemnified hereunder and
the contractor shall, at its own expense, defend and protect said
indemnified parties against all such claims and demands.
(4)
The City shall be named as a certificate holder to ensure the
liability insurance is maintained throughout the duration of the blasting
operation. The certificate must provide that the City of Biddeford
shall be notified at least 10 days prior to any cancellation.
(c) Notification requirements:
(1)
Abutter notice contents: The abutter notice shall include the
blasting schedule, a description of the blasting signals to be used
during the operation, an address and telephone number where property
owners may request further information and additional notification,
information about the no-cost preblast survey required below, and
the offer to provide further information, upon written request by
the affected party, with a copy of such request provided to the Fire
Department.
(2)
Newspaper notice contents: The newspaper notice shall include
the blasting schedule, a description of the blasting signals to be
used during the operation, an address and telephone number where property
owners may request further information and additional notification.
(3)
Level 1 blasting operations: The applicant shall notify all
landowners and owners of public water and sewer within 250 feet of
the proposed blasting operation. Notice shall be sent by United States
Postal Service (USPS) certified mail at least 10 calendar days prior
to the intended date of the commencement of the blasting operations.
Notice shall also be published in a newspaper of general circulation
at least 10 calendar days prior to the intended date of the commencement
of the blasting operations.
(4)
Level 2 blasting operations: The applicant shall notify all
landowners and owners of public water and sewer within 500 feet of
the proposed blasting operation. Notice shall be sent by United States
Postal Service (USPS) certified mail at least 10 calendar days prior
to the intended date of the commencement of the blasting operations.
Notice shall also be published in a newspaper of general circulation
at least 10 calendar days prior to the intended date of the commencement
of the blasting operations.
(5)
City notification: After first receiving a blasting permit,
any person intending to conduct blasting operations shall first notify
the Fire Department that a blasting operation is planned. Such notification
shall be received at least 24 hours prior to the planned detonation
and shall give the time of the planned detonation (within two hours)
and location where the blasting is to be done. Additional notification
shall be received at least one hour prior to the planned detonation
and shall give the time (within 30 minutes) of the planned detonation.
The notification may be given orally over the telephone; however,
the burden of proof as to whether the notification was in fact received
rests with the person responsible for the blasting operation.
(6)
Prior to any blast, the person responsible for the blasting
operation shall inform all property owners, who have requested in
writing to be so informed as per Section 34-455(c)(1), of the impending
blast. Such notification shall be given by telephone 24 hours prior
to the blasting operation stating the time of the blast within one
hour. The burden of proof as to whether the notification was in fact
received rests with the person responsible for the blasting operation.
(d) Preblast survey requirements:
(1)
Level 1 blasting operations: The applicant will offer to hire
an independent firm to perform preblast surveys on all buildings within
250 feet of the blasting area. The survey shall include a written
description and either a video or photographic documentation of any
preexisting conditions on the inside and outside of each building.
At least three documented attempts must be made to physically offer
the survey before the landowner may be deemed a non-respondent.
(2)
Level 2 blasting operations: The applicant will offer to hire
an independent firm to perform preblast surveys on all buildings within
500 feet of the blasting area. The survey shall include a written
description and either a video or photographic documentation of any
preexisting conditions on the inside and outside of each building.
At least three documented attempts must be made to physically offer
the survey before the landowner may be deemed a nonrespondent.
(3)
All preblast survey documentation shall be held by the independent
firm, and following completion of the blasting operation, upon request,
shall be made available to the landowner at the expense of the applicant
within 14 days of such a request.
(e) Water tests:
(1)
The applicant will offer to hire an independent water testing
company to perform water tests of all drinking water wells within
500 feet of the blasting area. The test shall document the flow rate
of the well prior to blasting, as well as the levels of coli form
bacteria, e-coli, nitrate, pH, copper, iron chloride, manganese, arsenic,
calcium, and sodium. At least three documented attempts must be made
to physically offer the water test before the abutter may be deemed
a non-respondent.
(2)
The water tests shall be held by the independent water testing
company, and upon request, shall be made available to the landowner
at the expense of the landowner within 14 days of such a request.
(f) Monitoring:
(1)
Instrumentation: All seismographs used for compliance with this
section shall meet the following specifications:
a.
Seismic frequency range: two to 200 Hz (+/- three Hz).
b.
Acoustic frequency range: two to 200 Hz (+/- one dB).
c.
Velocity range: 2/100 to four inches per second.
d.
Sound range: 110 to 140 dB linear.
e.
Transducers: three mutually perpendicular axes.
f.
Recording: provide time-history waveform.
g.
Calibration: must be laboratory calibrated as often as necessary,
but at least once every 12 months according to the manufacturers recommendations.
A copy of the instruments calibration schedule/requirement and the
latest calibration certification must be available with any and all
seismographs on site.
(2)
Level 1 blasting operations: Either an independent firm, retained
at the sole cost and expense of the applicant, or the applicant themselves,
shall monitor airblast and vibration for Level 1 blasting operations.
All instrumentation shall be in compliance with the specifications
outlined in this article. Instrument(s) shall be installed at the
closest point of the building in greatest proximity to the shot to
be recorded. A sketch showing the blast site, its relation to adjacent
buildings, the location of the seismograph(s) and pertinent distances
will also be required. Reports containing pertinent information and
seismograph printouts for each shot shall be submitted weekly to the
Fire Department, the Code Enforcement Office and the blaster.
(3)
Level 2 blasting operations: An independent firm, retained at
the sole cost and expense of the applicant, shall monitor airblast
and vibration for Level 2 blasting operations. No fewer than two seismographs
shall be employed to monitor airblast and vibration. The independent
firm is required to record each shot, document the location of surrounding
buildings, their distances and relation to the blast site, analyze
readings for compliance, and report results to the blaster following
each detonation. Reports containing pertinent information and seismograph
printouts for each shot shall be submitted weekly to the Fire Department,
the Code Enforcement Office and the blaster.
(4)
Ground vibration criteria: Ground vibration from all blasting
operations shall be measured in terms of peak particle velocity (inches
per second) and frequency (Hertz). The permissible maximum ground
vibration at any adjacent building shall conform to the values established
in USBM RI 8507, a copy of which is available at the Fire Department.
(5)
Airblast criteria: Airblast at any building from all blasting
operations shall not exceed the values established in USBM RI 8485,
a copy of which is available at the Fire Department.
(g) Records maintenance: Persons responsible for blasting operations
shall maintain a record of each blast. All records shall be retained
for at least five years following the cessation of blasting operations,
copies of which shall be provided to the code enforcement office and
Fire Department within 10 days of request.
|
Such written records shall contain the following:
|
|
Level 1 blasting operations:
|
(1)
Name of person responsible for the blasting operation.
(2)
Location, date(s), and time of blast.
(4)
Type of material blasted.
(5)
Number of holes, burden and spacing.
(6)
Diameter and depth of holes.
(7)
Types of explosives used.
(8)
Amount of explosives used.
(9)
Whether mats or other protections were used.
(10) Seismograph and airblast readings: when and where
measured.
|
Level 2 blasting operations:
|
|
(1)
|
The same records as required for Level 1 blasting operations.
|
|
(2)
|
Maximum amount of explosives per delay period of eight milliseconds
or greater.
|
|
(3)
|
Maximum number of holes per delay period of eight milliseconds
or greater.
|
|
(4)
|
Method of firing and type of circuit.
|
|
(5)
|
Weather conditions (including such factors as wind direction,
cloud cover, etc.).
|
|
(6)
|
Height or length of stemming.
|
|
(7)
|
Type of detonators used and delay periods used.
|
(h) Renotification: If a blasting operation pursuant to an issued permit is suspended in an area for 90 days or longer, renotification in accordance with the standards contained in Section
34-455(c) is required. Preblast surveys are not required with the renotification, unless the blasting operations have been suspended for more than six months.
(i) Emergency blasting operations:
(1)
The Fire Chief, or their designee, shall determine whether the need for a blasting operation qualifies as an emergency blasting operation, as defined in Section
34-452.
(2)
If determined to be an emergency blasting operations, such operation
shall be exempt from these regulations, except that a permit is still
required and the operation is subject to the performance standards
in this section.
(3)
Liability insurance: All requirements, as outlined in Section
34-457(b), shall apply.
(4)
Monitoring: The requirements for a Level 1 blasting operation, as outlined in Section
34-457(f), shall apply.
(5)
Records maintenance: The requirements for a Level 1 blasting operation, as outlined in Section
34-457(g), shall apply.
(6)
Notification requirements:
a.
Notice contents: The notice outlined in this section shall include
the blasting schedule, a description of the blasting signals to be
used during the operation, an address and telephone number where property
owners may request further information and additional notification.
b.
The person, company or corporation responsible for managing
and/or conducting of a blasting operation shall notify all landowners
and owners of public water and sewer within 250 feet of the proposed
blasting operation. Notice shall be hand-delivered at least 12 hours
prior to the planned detonation and shall give the time of the planned
detonation (within two hours) and location where the blasting is to
be done.
c.
The person, company or corporation responsible for managing
and/or conducting of a blasting operation shall notify the Fire Department
at least four hours prior to the planned detonation and shall give
the time (within two hours) and location where the blasting is to
be done. Additional notification shall be received at least one hour
prior to the planned detonation and shall give the time of the planned
detonation (within 30 minutes) and location where the blasting is
to be done. The notification may be given orally over the telephone;
however, the burden of proof as to whether the notification was in
fact received rests with the person responsible for the blasting operation.
[Ord. No. 2007.38, 6-19-2007]
Blasting in the City shall be conducted in compliance with all
pertinent sections of the City Code of Ordinances and, except as superseded
by the provisions of this article, the BOCA National Fire Prevention
Code and NFPA 495 Explosive Materials Code as adopted by the State
of Maine.
In any particular instance where these regulations are in conflict
with any other rules, regulations, or ordinances of the City the more
restrictive regulation or provision shall prevail.
[Ord. No. 2007.38, 6-19-2007]
Where the Fire Chief or their designee has denied a blasting
permit under this article, the applicant may appeal the denial to
the City Council within 30 days of the Fire Department's decision
by filing a written notice of appeal with the City Clerk.
[Ord. No. 2007.38, 6-19-2007]
Upon issuance of any blasting permit, the Fire Department may
prescribe any reasonable conditions or requirements deemed necessary
to minimize adverse effects upon the neighborhood or community.
[Ord. No. 2007.38, 6-19-2007]
Any material misstatement or omission of information required
by this article or the violation of this article or any condition
attached to a permit granted under this article shall constitute a
land use violation and be penalized in accordance with Title 30-A,
M.R.S.A. § 4452.
[Ord. No. 2007.38, 6-19-2007]
If any provision of this article is declared unconstitutional
or held invalid, it shall not affect any other section, clause, or
provision thereof, but the same shall remain in full force and effect.