[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of the Code and, except as superseded by the provisions of this article,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.
A.
Permit
applications shall include the following information:
(1)
Names, addresses, and contact numbers for the applicant, blaster,
property owner, and general contractor, if any.
(2)
Location(s) of proposed blasting activity.
(3)
Estimated number of cubic yards of material to be removed by blasting.
(4)
Start/end date.
(5)
Planned number of blasts.
(6)
A description of the project for which the blasting is being undertaken.
(7)
Evidence of insurance (minimum liability of $3,000,000).
(8)
Qualifications of personnel performing blasting and evidence of certification
to conduct blasting in the state.
B.
The Code
Enforcement Officer may require a preblast survey and monitoring program.
A.
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.
B.
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)]
C.
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.
A.
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.
B.
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:
A.
Name of person responsible for the blasting operation.
B.
Location, date(s), and time of blast (not before 8:00 a.m., not after
5:00 p.m. Monday through Friday, excluding holidays).
C.
Name of blaster.
D.
Type of material blasted.
E.
Number of holes, burden and spacing.
F.
Diameter and depth of holes.
G.
Types of explosives used.
H.
Amount of explosives used.
I.
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.
