HomeMy WebLinkAbout1993-OR-12ORDINANCE NO. 93-OR-
AN ORDINANCE REGULATING BLASTING
WITHIN THE CITY OF JEFFERSONVILLE, INDIANA.
I. Definitions. For the purpose of this chapter the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
BOARD - The City of Jeffersonvitle Board of Public Works and Safety.
CITY - The City of Jeffersonville, Indiana.
CONTRACTOR - The person, corporation or entity which conducts blasting.
EXPLOSIVE - Any substance or substances used in combination which are capable of
explosion.
NUISANCE - An activity which arises from unreasonable, unwarranted or unlawful use
of real property by a person, which use works an obstruction or injury to the right of
another, or the public, or which produces material annoyance, inconvenience or discomfort
to, or giving offense to the senses of, persons occupying adjacent properties.
PERMITTEE - The person, corporation or entity who obtains the pen'nit required by this
chapter.
II. Permit Required. Any person or business which uses explosives within the
corporate limits shall obtain a permit for blasting prior to the time blasting occurs. The
permittee shall be the o.wner or lessee of the real property upon which the blasting is to
occur or the contractor conducting the blasting. Permits shall be of two (2) types, Annual
permits and Project permits.
All permit applications shall contain, at a minimum, the following information:
1. Name and permanent address of contractor;
2. The name of the blasting site manager and satisfactory evidence of his
competency in handling explosives and in performing, in a safe manner, the
type of blasting that will be conducted.
3. The name 8: address of the liability insurance carrier for the contractor
or permitee;
4. The policy number and limits for liability insurance carried by the
contractor or permitee; and
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Project Permits. Project permits are valid for a specific construction or demolition
project which is not to exceed 3 months in duration and which is part of one
particular project or job. In addition to the information previously required to be
contained on a permit application, an applicant for a Project permit shall disclose
the following information prior to issuance of a permit:
1. The closest distance to the nearest public thoroughfare, building or real
or personal property not owned orteased by the permittee or contractor;
2. Name and address of person owning the property where blasting will
occur;
3. A description of the type of blasting and of where the blasting will take
place;
4. A statement describing the purpose and necessity of the blasting.
Annual Permits. Annual permits are valid for a period of up to 365 days,
regardless of the number of projects which the Contractor undertakes or the
location of the project or job within the City. In addition to the information
previously required to be contained on a permit application, an applicant for an
Annual permit shall provide the City Engineer, in writing, of the following
information for each separate project or job.when blasting will take place, and shall
provide that information prior to blasting on a separate job or project:
1. The closest distance to the nearest public thoroughfare, building or real
or personal property not owned or leased by the permittee or contractor;
occur;
3.
place;
4.
Name and address of person owning the property where blasting will
A description of the type of blasting and of where the blasting will take
A statement describing the purpose and necessity of the blasting.
IH. Obtaining Permits In Advance. Blasting permits must be obtained in
advance of the time blasting is to occur.
IV. Permit Approval. The City of Jeffersonville Board of Public Works and
Safety (the "Board") must approve all Blasting permit applications before a permit can be
issued under this ordinance. A permit shall be issued unless the Board finds that issuance
of a permit would, in all likelyhood, pose a danger or nuisance to any inhabitants or
property in the City.
V. Revoking a Permit. In the event that any Board member has good reason to
believe blasting has or will become a danger or nuisance to persons or property within the
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City, after issuance of the permit but before its expiration, the Board shall hold a hearing
and may revoke a previously issued blasting permit. In such a case written notice of the
meeting at which the Board shall consider this action shall be provided to the Contractor
at least forty-eight (48) hours prior to the Board's meeting.
If a permit is revoked no further blasting shall take place until the permit is
reinstated or another permit is issued. A permit shall be re-issued unless the Board finds
that reissuance of a permit would, in all likelyhood, pose a danger or nuisance to any
persons or danger to property in the City.
VI. Blasting Fee. A blasting fee shall be paid before a permit for blasting can be
issued. Annual permits shall cost Five Hundred Dollars ($500.00). Project permits shall
cost One Hundred Fifty Dollars ($150.00).
VII. Time For Blasting. Blasting shall not be permitted before 9:00 a.m. or after
5:00 p.m., unless prior approval is received from the Board.
VIII. Written Notice Prior to Blasting Required. In addition to obtaining a
permit, the permittee or contractor shall notify the City Engineer's office, in writing,
during the City Engineer's regular business hours, of the exact times anticipated for
blasting each day. Notice shall be given prior to the first blast of the day of the place(s)
& time(s) detonation is expected to occur. (Notice by facsimile transmission will be
considered written notice when actually received by the City Engineer).
IX. Emergencies. In the event of an emergency or life threatening situation a
charge can be detonated immediately contrary to the prior two sections, at the risk of the
permittee and/or contractor. In such an event the City Engineer's office shall be notified
by telephone as soon as practical of the reason necessitating the detonation contrary to the
provisions of this ordinance and a written explanation shall be forwarded to the Board
within five (5) days.
X. Right to Inspect. The City Engineer, or his designee(s), shall be allowed to
inspect the blast site prior to, during or after blasting.
XI. Insurance required. Prior to the time a permit is issued under this ordinance,
the permittee or contractor shall file with the Board proof that the permittee and/or
contractor carries liability insurance in an amount of not less than Five Hundred Thousand
Dollars ($500,000.00). However, in the event blasting occurs within five hundred (500)
feet of any public thoroughfare, building or real or personal property not owned or leased
by the permittee or contractor the permittee and/or contractor shall file with the Board
proof that the permittee and/or contractor carries liability insurance in an amount of not
less than One Million Dollars ($1,000,000.00).
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XII. Dust Control. Any permittee or contractor conducting blasting shall not
permit dusi to be created in amounts so as to pose a nuisance to the adjoining property
owners or other inhabitants of the City.
XIII. Blaster Qualifications. A contractor or permitee shall not allow blasting
to be conducted by an unqualified blaster. A blaster shall be qualified by reason of
training, knowledge or experience, in the field of transporting, storing, handling and the
use of explosives, and having a working knowledge of state and local laws, regulations
and ordinances.
XIV. Maximum Charges of Explosives to be Used in Blasting. The maximum
amounts of explosives which can be used for a blasting activity within the City without
monitoring with a seismograph are as follows:
Distance in feet from blast area
to Nearest Public thoroughfare,
personal property or real property
not owned or leased by the
permittee or contractor.
Maximum quantity of explosive
(in pounds) per shot for
instantaneous fu'ing, or
per delay, for delay firing.
5-10
11-15
16-20
21-25
26-30
40
50
60
70
80
90
100
150
200
300
400
500
600
700
800
900
1000
0.125
0.25
0.50
0.75
1.00
2.25
3.50
4.75
6.00
7.25
8.50
9.75
16.00
22.00
34.75
64.00
100.00
144.00
196.00
256.00
324.00
400.00
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In the event that using the maximum amount of explosives outlined above would
pose a danger or nuisance, only an amount of explosives which would be safe and
reasonable under the circumstances Shall be used. In the event that an amount of
explosives in excess of the amounts outlined above is used, a seismograph shall be placed
adjacent to the point closest to the blast which is not upon property owned or leased by
the person or entity who hires the contractor for purpose of blasting.
XV. Maximum Number of Delays, for Delay Firing. When blasting is
performed using a series of delays, there may be a maximum number of thirty (30) delays
in a series. No two (2) consecutive charges, or subcharges within a charge, shall be
separated by a delay time of less than eight (8) milliseconds.
XVI. Maximum Peak Particle Velocity. In all blasting activities the maximnm
peak particle velocity of the ground motion in any direction shall not exceed two (2)
inches per second at the location of structure, building, thoroughfare, or public place not
owned or leased by the person or entity who hkes the contractor for purpose of blasting,
unless seismographic monitoring is conducted as outlined above.
XVII. Additional Seismographic Moitoring Required Upon Request. Upon
request of the City Engineer a Contractor shall place a properly functioning seismograph
at a location adjacent to any blast, and shall allow the City Engineer to observe and record
the results of the seismic activity which results from a blast. The Contractor shall be
required to provide proof that the seismograph is in good working order at the time of the
reading upon request of the City Engineer.
XVIII. Safety Cover Required. Any contractor blasting within five hundred
(500) feet of any public thoroughfare, building or real or personal property not owned or
leased by the permittee or contractor shall cover the area to be blasted and, where
possible, an area at least ten (10) foot laterally to each side from the blast location, with
fill of sand, dirt, or gravel of particles of a size not exceeding a diameter of one half (1/2)
inch. This fzll shall be brought up to a depth of not less than two and one half (2 1/2)
feet at all areas requiring cover fill under this ordinance, prior to blasting. This
requirement may be waived by the Board upon a showing that the absence of cover will
not pose a danger to life or the property of others, that it would make construction or
mining unfeasable or that it may pose a greater danger or nuisance than blasting without
safety cover.
XIX. Notice of Damage to Life or Property of Another. When a permittee or
contractor receives a report of or otherwise becomes aware of a claim of injury to human
or animal life or damage to property of another, which has occurred as a result of or in
connection with any blasting activities being conducted by the permittee or contractor,
notice of the report, injury or damage shall be immediately reported to the office of the
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City Engineer and written notice of the report, injury to life or damage to property shall
be given to the Board within five (5) days.
XX. Penalties. Whoever violates this ordinance, or any provision of this
ordinance, shall be fined a maximum of Twenty-five Hundred Dollars ($2,500.00) for each
violation and, at a minimum, shall be assessed a fine in an amount equal to all necessary
costs (including but not limited to court costs, legal fees and expert fees) incurred by the
City in the successful prosecution of a violation of this ordinance. A separate violation
shall be deemed committed each instance the provisions of the ordinance are not adhered
to and on each day a violation continues.
XXI. Effective date. This ordinance shall become effective fourteen (14) days
after its passage, approval and last publication.
XXII. Each Section Adopted Separately. Each section of this ordinance is
adopted separately. In the event that any part or section of this ordinance is deemed to
be illegal or invalid only that part or section shall be repealed. The remaining parts or
sections of the ordinance shall remain in effect.
Passed and adopted by the ,~.mmon Council of City of Jeffersonville, Clark
County, State of Indiana, on the ..~ ~-day of 797~,.3 , 1993.
PRESIDENT, COMMON COUNCIL
ATTEST:
C. RICHARD SPEN(0ER, JR.~
CLERK-TREASURER'
This Ordinance approved
~/~ , 1993.
and
signed by me this ~:~TM day of
RAY~(J'lqrD-~i. PARKER, m., M~YOR
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PUBLISHER~ S AFFIDAVIT
State of Indiana )
County )
Personally appeared before me, a notary public in and for said county
and state~ the undersigned Sue Wi~e~e~ who, being duly
sworn, says that $ he is bookkee~e~ __of the
The ~ve~--Y~ Pews newspaper
general circulation printed and published in the En§lish language in
r~o e.~ (~) of Jeffe~sonville in state and cou:~ty afore-
said, and that the printed matte~ attache~ hereto is a true copy, which
was duly published in said paper for ohs time , the
dates of publicatioa being as follows:
~¢ay 8, ~993
Subscribed and sweden ,[0 befo[e ~? ~<[~ ~ day c