[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:
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.
The person, company or corporation responsible for managing and/or conducting of a blasting operation.
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.
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.
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.
The unit of sound pressure commonly used to measure airblast from an explosion. The decibel scale shall be logarithmic.
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.
An immediate blasting operation necessary to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.
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.
Rock that is propelled through the air or along the ground because of the detonation of explosives.
The shaking of ground caused by the blast wave emanating from the detonation of an explosive.
A term used to express the frequency of ground vibrations and airblast. One hertz is one cycle per second.
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:
The company that has been incorporated for a minimum of one fiscal year.
The company holds general liability, workers compensation and auto liability insurance.
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.
The company and its principal are active members of an accepted blasting and/or vibration related organization.
The principal or a member of management holds an engineering or seismographic certificate of graduation.
The company is established as a neutral consultant that the City may depend on for consultation.
The company has seismographic instrumentation and photographic instruments not owned and registered to the blasting company or its affiliates.
Blasting operations involving less than 250 cubic yards of material to be removed.
Blasting operations involving more than 250 or more cubic yards of material to be removed.
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.
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)
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:
(1)
Name of applicant;
(2)
Name of property owner;
(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.
(3)
Name of blaster.
(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.
(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.