Town of Milton, MA Chapter 118 Blasting

[HISTORY: Adopted by the Town Meeting of the Town of Milton as 3-4-2010 STM by Art. 3 (Ch. 24 of the 3-10-1934 General Bylaws). Amendments noted where applicable.]

§ 118-1 Blasting permits - pre-blasting survey requirements.

A. Permit required. No blasting (rock excavation) shall be conducted in the Town without a permit issued by the Committee on Blasting. Blasting shall be conducted only in the manner directed by the Committee on Blasting, consisting of the Fire Chief, Town Engineer and Building Commissioner.

B. Permitted surveyors. For all permits issued for blasting (rock excavation) in the Town, a pre-blast survey shall be made by the contractor or by an approved firm in this kind of work and satisfactory to the contractor's insurance company.

C. Requirements.

(1) Approval. The pre-blast survey shall include a survey of the interior and exterior of existing buildings and structures, including, but not limited to residential and commercial buildings, landscape and retaining walls, detached garages and in-ground swimming pools, adjacent to the project as specified herein, before any excavation or blasting is done. Written approval shall be secured from the Fire Chief, Town Engineer and Building Commissioner serving as the Committee on Blasting. The applicant shall demonstrate to the Committee on Blasting compliance with the State Fire Prevention Regulations, 527 CMR, Section 13.[1]

[1] Editor's Note: See now the Massachusetts Comprehensive Fire Safety Code (527 CMR 1.00).

(2) Adjacent area. The adjacent area requiring the pre-blast survey is specified as all buildings and structures within a radius of 500 feet from the blast.

(3) Structural defects. The survey shall record all visible structural defects such as cracks, settlement, and lines out of plumb.

§ 118-2 Disposition of pre-blasting survey data.

The survey data shall be recorded in a permanent manner in approved hardbound notebooks and/or electronic form, as deemed appropriate by the Committee on Blasting. The survey data shall include photographs showing the building constructions surveyed referenced to the notebook pages. An audio recording of all data pertinent to the survey shall be made. The scope and format of the record survey data shall be satisfactory to the Committee on Blasting. Before commencing any blasting or ledge excavation, copies of the survey shall be on file at the offices of the Town Engineer, the Building Commissioner and the Town Clerk.

§ 118-3 Pre-blasting survey not required.

No pre-blasting survey shall be required if blasting is within the following limits: The total charge weight per blast does not exceed five pounds, and the maximum weight per delay does not exceed two pounds per delay.

§ 118-4 Posting of bond required.

If blasting is designed to excavate more than a ten-cubic-yard area, the contractor shall post a bond with the Town. The amount of said bond shall be determined by the Committee on Blasting. The Committee on Blasting will not release the bond until it is satisfied that all judgments and claims relating to the blasting have been paid or settled by the contractor.

§ 118-5 Fire department supervision required; costs.

All blasting is to be supervised on site by an authorized member of the Fire Department, assigned by the Fire Chief, and the cost of said supervision shall be paid by the contractor.

§ 118-6 Penalties for violation.

Any person who shall violate any of the provisions of this chapter as determined by the Committee on Blasting, or who fails to comply therewith, shall severally, for each and every violation and noncompliance respectively, be liable for a penalty of $200 for each offense. Each day on which a violation or noncompliance continues shall constitute a separate offense.