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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 1 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 2 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). 3 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 4 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 5 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 6 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