F-3009.7.1. "One-Call System": Before submitting
an application for a permit under this code, the applicant shall follow
and comply with inquiry and notification procedures to all of those
utilities (both underground and above-ground) that are listed for
the Borough of Bath in the Northampton County Recorder of Deeds Office.
Those inquiry and notification procedures shall be the same procedures
required of a contractor performing excavation and/or demolition work
within the Borough of Bath, Northampton County, for the Pennsylvania
"One-Call System," Act 38 of 1991 (formerly known as Act 287 of 1974
and Act 172 of 1986), as codified in Title 73 - Trade and Commerce
of Purdon's Pennsylvania Statutes Annotated at Sec. 176 et seq.
particularly Sec. 180 Contractors, Duties, as the same may be amended
from time to time.
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F-3009.7.2 Additional Notifications Required by Borough: In addition, the applicant shall notify - within the same time frames
the Borough of Bath, the Borough of Bath Municipal Authority, and
all other utilities, commercial, educational, institutional, industrial,
residential establishments or dwellings, and other entities that are
designated by either the code official or the Borough Manager.
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F-3009.7.3 Written Verification of Notices: Before
any permit is issued or becomes effective under this code, the applicant
shall submit written responses that acknowledge receipt of the required
notice from:
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F-3009.7.3.1 From Utilities: All utilities that
are entitled to receive such a notice pursuant to Subsection F-3009.7.1
"One-Call System" of this code (above); and,
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F-3009.7.3.2 From Other Entities: All other entities
that are designated by or pursuant to F-3009.7.2 Additional Notifications
Required by Borough of this code (above).
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F-3009.7.3.3 Certified Mail Receipts: In the event
that any of the utilities or entities that are designated to receive
a notice pursuant to this Subsection F-3009.7 Notices does not acknowledge
receipt of the notice, or otherwise respond to said notice, then the
applicant may demonstrate compliance with this notice requirement
by submitting a receipt for a letter containing that notice, properly
addressed, which was sent via the United States Postal Service, postage
pre paid, by certified mail, return receipt requested, at least 10
days before the issuance or effective date of the permit under this
code.
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F-3009.7.3.4 Other Methods: The applicant may also
demonstrate compliance with this notice requirement by any other method
that is approved in advance in writing by the code official or the
Borough Manager, which may include but is not limited to the code
official or the Borough Manager leaving or posting said notice upon
any property within the Borough or Northampton County."
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Add the following new subsection (Page 130):
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"F-3009.12 Blaster's License and Person Required
to be Present:
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P-3009.12.1 Blaster's License Required: When
the application for a permit for blasting work under this section
F-3009.0 Blasting is submitted, the applicant shall demonstrate that
either the applicant or a person in his employ currently holds a valid
"Blaster's License" as issued by the Commonwealth of Pennsylvania,
Department of Environmental Protection, or similar, in the code official's
sole discretion. A copy of that license shall be submitted to the
code official to be maintained in the Borough's records.
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F-3009.12.1.1 References for Licensing: Refer to
the Pennsylvania Code of Regulations, at Title 25 - Environmental
Protection, Chapter 210 - Use of Explosives, Subchapter A - Blaster's
License, Sections 210.1 through and including 210.6; and, Title 34
- Labor and Industry, Chapter 5 - Blasting, Demolition, Fireworks,
and Explosives, Subchapter A - Blasting Operations, Sections 5.3 through
and including 5.8 - General Provisions; as each may be applicable,
effective, and amended from time to time.
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F-3009.12.1.2 Maintenance and Continuation of License: The said license shall remain in full force and effect during the
entire duration of the blasting activities under this section F-3009.0
Blasting, including preparatory and clean-up work, unless replaced
by a similarly effective license.
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F-3009.12.1.3 Non-Compliance Violations: Failure
to comply with any of these requirements shall be deemed to automatically
revoke and make any permit issued under this article null, void, and
of no further force and effect, and shall be deemed to be a violation
of this code.
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F-3009.12.2 Person Required to be Present: The
person(s) who hold the currently valid "Blaster's Licenses" that
are required to be submitted to the code official by Subsection F-3009.12.1
Blaster's License Required of this code (above) shall have said
currently valid "Blaster's License" in their actual possession
at all times while any blasting activities are being performed, and
shall be present and shall either personally perform or directly supervise
others for all activities and work that are subject to this section.
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F-3009.12.2.1 Definitions of "Present" and "Directly Supervise": For the purposes of this Subsection P-3009.12.2 Person Required to
be Present, the terms "present" and "directly supervise" shall mean
that all such activities and work shall be within a direct line of
sight of said person, and not more than 300 feet distant from said
person.
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F-3009.12.2.2 "Person to Whom the Required Approvals Have
Been Issued": For the purposes of this section F-3009.0 Blasting,
particularly subsections F-3009.2 Personnel, F-3009.3 Loading and
Firing, and P.3009.4 Other Persons (all on Page 129) of this code,
the person who holds the current "Blaster's License" and who
meets and satisfies all of the requirements of this subsection F-3009.12
Blaster's License and Person Required to be Present, shall be
deemed to comply with and satisfy the requirements for "a person to
whom the required approvals have been issued" of the above-referenced,
subsections of this code.
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Add the following new subsection (Page 130):
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"F-3009.13 Additional DEP Requirements May Be Imposed: In addition to the foregoing requirements, the code official may
impose some or all of the following technical specifications, regulations,
and requirements as additional terms and, conditions to any permit
which is issued under this section P-3009.0 Blasting, in his or her
sole discretion. These technical specifications, regulations, and
requirements are taken from various sections of Pennsylvania Department
of Environmental Protection regulations as set forth in Title 25 of
the Pennsylvania Code, as referenced below, and as amended and revised
from time to time. Such, additional terms and conditions shall be
deemed to have been included by reference in this code and the permit
as issued. As such, those additional terms, and conditions shall have
the same full effect and force as any of the other provisions of this
code, the same as if fully set forth herein.
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77.561
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General Requirements
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77.562
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Preblasting Surveys
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77.563
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Public Notice of Blasting Schedule
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77.564
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Surface Blasting Requirements
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77.565
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Records of Blasting Operations
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210.1
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Examinations
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210.2
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Issuance and Status of Licenses Fees
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210.3
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Annual Renewal of Blaster's Licenses.
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211.4
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Transferability
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211.5
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Restrictions on blasting Operations
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210.6
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Learners.
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General Provisions
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Storage of Explosives
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Safety Precautions
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211.51
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General
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211.52
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Transportation of Explosives
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211.53
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Storing Explosives
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211.54
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Instrumentation
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211.55
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Blasting Operations
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Use of Explosives
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211.61
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General Requirements and Procedures
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211.62
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Blasting in the Vicinity of Utility Lines
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Special Precautions Relative to Ammonium Nitrates
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Appendix A - Radio Frequency Transmitters
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