[HISTORY: Adopted by the City Council of the City of Westbrook as Chs. XXVIII and XXVIII-A of the 1942 Code (Ch. 34 of the 2007 Code). Amendments noted where applicable.]
[Amended 5-18-1987; 10-3-2005]
No person shall hunt with the use of a firearm within the City limits. Neither shall any person, without a permit from the Chief of Police, fire or discharge any gun, fowling piece, cannon, or firearm within the municipal boundaries, except in the performance of official military or law enforcement duties or in lawful self-defense. Nothing contained herein shall be construed to prevent the possession of firearms on one's own domicile nor prevent their transportation to a municipality allowing discharge of firearms.
[Amended 12-1-1969; 10-3-2005]
This article is intended to minimize negative impacts from blasting associated with construction and related activities. Such impacts include but are not limited to airborne shock waves, flying debris, ground vibrations, and dust which are physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. It is also intended to prevent damage to geologic and environmental resources upon which depend such features as wells and wildlife. Extractive industries shall not be subject to these requirements; however, they shall require an annual permit and be subject to all other state and federal regulations on mining/quarrying activities.
The use and storage of explosives and blasting agents in the City shall be conducted in compliance with all pertinent sections of the Code and, except as superseded by the provisions of this article, National Fire Protection Association Codes NFPA 1 Uniform Fire Code and NFPA 495 Explosive Materials Code, or other applicable state or federal regulation. In the case of a conflict with another provision, the stricter provision shall apply.
Every vehicle transporting explosives shall be compliant with NFPA 495, Chapter 7, and all federal and state laws and regulations.
Prior to any blasting within the City, a permit must be obtained from the Code Enforcement Officer. Prior to granting the permit, the Code Enforcement Officer shall request comments on the application from the Fire & Rescue, Police and Public Services Departments. Review by other departments may be sought if appropriate.
Permit applications shall include the following information:
Names, addresses, and contact numbers for the applicant, blaster, property owner, and general contractor, if any.
Location(s) of proposed blasting activity.
Estimated number of cubic yards of material to be removed by blasting.
Planned number of blasts.
A description of the project for which the blasting is being undertaken.
Evidence of insurance (minimum liability of $3,000,000).
Qualifications of personnel performing blasting and evidence of certification to conduct blasting in the state.
The Code Enforcement Officer may require a preblast survey and monitoring program.
The blaster shall notify all property owners within 500 feet for all blasting projects. Notice shall be by registered mail sent at least five business days prior to the intended date of commencement of blasting operations. Any property within 500 feet may request a preblast survey at the expense of the contractor. Additional notification may be required by the Code Enforcement Officer.
For any blasting operation, the blaster shall notify the Public Safety Communications Center, which shall notify the Fire & Rescue Department and the Code Enforcement Officer on the day of the blasting at least four hours prior to the detonation(s). The notice may be given orally, but the burden of proof is on the blaster as to whether the notice was received.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Where an excavator encounters a small amount of ledge when doing a street opening or in another similar small blasting project situation where advance notice is not reasonably feasible, the City Engineer can modify the notice requirements.
The Code Enforcement Officer, City Engineer, Fire Chief or other duly authorized fire officer may observe any authorized blasting operations and may also order that additional ground vibration and air blast overpressure measurements using approved instrumentation be made by the blaster to ensure the limits specified in NFPA 495 Explosive Materials Code are not exceeded.
All storage sites shall be subject to inspection and verification of compliance with this article.
Persons responsible for all blasting projects shall maintain a record of each blast. All records shall be retained at least five years following cessation of the blasting operation and shall be available for inspection by the Code Enforcement Officer, City Engineer, Fire Chief or other duly authorized fire officer and shall contain the following minimum data:
Name of person responsible for the blasting operation.
Location, date(s), and time of blast (not before 8:00 a.m., not after 5:00 p.m. Monday through Friday, excluding holidays).
Name of blaster.
Type of material blasted.
Number of holes, burden and spacing.
Diameter and depth of holes.
Types of explosives used.
Amount of explosives used.
Whether mats or other protections were used.
Where the Code Enforcement Officer has denied a blasting permit under this article, the applicant may appeal the denial to the Zoning Board of Appeals within 30 days of the Code Enforcement Officer's decision by filing a written notice of appeal with the Code Enforcement Officer.
Upon issuance of any blasting permit, the Code Enforcement Officer may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the neighborhood or community. This shall include, but not be limited to, the reclaiming for disposal off site of all material that prior to detonation was regulated by NFPA 495 and has been rendered inert, such as blasting caps and detonation cord.
Any material misstatement or omission of information required by this article or the violation of any condition attached to a permit granted under this article shall constitute a violation and be subject to the fine set forth in Chapter A401, Master Fine Schedule.
If any provisions 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. This article does not restrict the Fire Chief, Fire Inspector or other duly authorized fire officer from enforcing any requirements of adopted or referenced NFPA codes in other sections of the Code.