Chapter 8.20
BLASTING PERMITS
Sections:
8.20.010 Definitions – Adoption by reference.
8.20.030 Application – Contents.
8.20.050 Liability insurance required.
8.20.070 Appeal of denial or revocation.
8.20.080 No assumption of liability.
8.20.090 Transportation of explosives – Transportation plan.
8.20.100 Storage of explosives prohibited.
8.20.010 Definitions – Adoption by reference.
A. The definitions set forth in WAC 296-52-417, and any amendments thereto, are adopted by reference.
B. The definitions set forth in the Uniform Fire Code Article 77, Explosive Materials, and any amendments thereto, are adopted by reference.
C. The definitions set forth in National Fire Protection Association 495, Explosive Materials Code, and any amendments thereto, are adopted by reference.
D. Whenever any conflict exists between definitions in the referenced codes, the most restrictive definition shall apply. Whenever any conflict exists between the substantive provision of this chapter and those of the above-referenced codes, the more restrictive provision shall apply. (Ord. 2002-261 § 1).
8.20.020 Permit required.
A. No person, company or corporation shall be in possession of explosive materials, or conduct an operation or activity requiring the use of explosive materials, or perform, order or supervise the loading and firing of explosive materials without a current and valid blasting permit issued by the city. This chapter shall not apply to those exemptions listed in RCW 70.74.191, as may be amended, and WAC 296-52-401(3) through (4), as may be amended.
B. Explosive materials shall not be transported, sold, given, delivered or transferred to anyone in the city not in possession of a valid blasting permit.
C. A blasting permit is required for every individual project requiring blasting.
D. A permit issued under this chapter to any person, company or corporation is nontransferable to any other person, company or corporation and shall be issued for a period not to exceed one year (12 months from the date of issuance) subject to annual review for extensions.
E. All federal, state and city laws and regulations applicable to obtaining, owning, transporting, storing, handling and using explosive materials shall be followed and be a condition of all blasting permits issued by the city.
F. Blasting permits will be subject to review and approval by the fire marshal and community development director, or their designees. (Ord. 2002-261 § 1).
8.20.030 Application – Contents.
The city shall have power and authority to issue a permit for blasting but before doing so shall require the person, company or corporation to whom the permit is to be issued to file an application, which shall include the following:
A. A completed application form provided by the city specifying the name and address of the person, company or corporation applying for the permit, and the name and address of the blaster or of the person who will actually supervise the blasting.
B. A current and valid Certificate of Possession for Explosives issued by the Washington State Department of Labor and Industries to one or more individuals employed in the work for which the blasting permit is sought.
C. A transportation plan as hereinafter provided.
D. A blasting plan as hereinafter provided.
E. A traffic control plan as hereinafter provided.
F. A pre-blast notification plan as hereinafter provided.
G. A city of Newcastle business license. (Ord. 2002-261 § 1).
8.20.040 Fee.
A. A permit fee, valid for a maximum 12-month period, in the amount of $250.00 plus costs will be assessed for each permit issued and extension thereafter.
B. The applicant will be notified and will receive an invoice for the plus cost charges. That invoice shall be paid within 10 days of the date of the notification or the city shall discontinue processing the application or, in the case of an already issued blasting permit, shall suspend the effectiveness of the blasting permit until the invoice is paid in full. The city shall not issue final approvals or building permits until all blasting fees and charges are paid. (Ord. 2002-261 § 1).
8.20.050 Liability insurance required.
A. The city, before issuing a permit for blasting, shall require the person, company or corporation to whom the permit is issued to execute and deliver a certificate of liability insurance to include X, C, U coverage in a form to be approved by the city in an amount not less than $2,000,000, or in such additional amount as may be reasonable under all of the circumstances then existing as determined by the city. The amount of insurance to be required shall be increased proportionately based upon the proximity of the proposed blasting site to utilities, infrastructure, residences and other property that could be damaged. The certificate of insurance shall state on its face that the underlying liability insurance policy includes coverage for indemnification. An indemnification agreement, in a form acceptable to the city attorney, shall be executed by the applicant.
B. The certificate of insurance shall also state that the insurance company must give the city a minimum of 30 days’ notice of cancellation of the required liability insurance coverage.
C. The city shall have the power and authority to limit the level of blasting and, after examining all of the pertinent circumstances surrounding the proposed blasting, if it is deemed to be in the public interest, may then refuse to issue such permit, or in the case of a previously issued permit, may suspend or revoke the permit. (Ord. 2002-261 § 1).
8.20.060 Revocation.
The city shall have the power to revoke any permit issued under this chapter for failure to comply with any of the provisions of this chapter, any of the provisions of Chapter 296-52 WAC, or for any other reasonable cause. (Ord. 2002-261 § 1).
8.20.070 Appeal of denial or revocation.
Any person, company or corporation who makes application for a blasting permit under this chapter and whose application is denied, suspended or revoked by the city pursuant to this chapter may, within 10 days after the denial, suspension or revocation, file a written notice of appeal to the hearing examiner, in the same manner as set forth in NMC 4.15.060. Sixty days after the city’s receipt of the written appeal, the hearing examiner shall hold a hearing on the appeal, and shall have the same powers and duties as enumerated in Chapter 2.20 NMC and NMC 4.15.060. The parties shall have the same rights as set forth in NMC 4.15.060(C). The hearing examiner’s decision shall be the final decision, but may be appealed to superior court pursuant to Chapter 36.70C RCW. (Ord. 2002-261 § 1).
8.20.080 No assumption of liability.
A. By the passage of the ordinance codified in this chapter or the issuance of any permit under this chapter, the city assumes no responsibility for any damage caused by the person, company or corporation blasting within the city.
B. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
C. It is the intent of this chapter to place the obligation of complying with its requirements upon the applicant for a blasting permit. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 2002-261 § 1).
8.20.090 Transportation of explosives – Transportation plan.
Transportation vehicles, and the operation of transportation vehicles, must comply with federal and state regulations for motor transport of explosive materials. A plan that addresses the transportation of explosive materials within the city must be included with the application for blasting permit. The transportation plan must detail the following information:
A. Route used for deliveries and returns;
B. Hours of transportation;
C. Maximum quantities of explosives being transported, and the identification of the types of explosives being transported; and
D. Types of transportation vehicles being used. (Ord. 2002-261 § 1).
8.20.100 Storage of explosives prohibited.
A. No overnight storage of explosive materials is permitted within the city limits. Blast holes loaded with explosives are to be shot on the day they are loaded.
B. The required method of handling explosives in the city is as follows:
1. Delivery;
2. Standby during loading; and
3. Return of all unused explosive materials used in blasting. (Ord. 2002-261 § 1).
8.20.110 Use of explosives.
The use of explosives within the city must comply with federal and state regulations concerning the use of explosives, including, but not limited to, Chapter 70.74 RCW and WAC 296-52-437 and 296-52-493.
A. Blasting Plan. A blasting plan for each discrete project requiring the use of explosives shall be submitted to and approved by the city prior to the issuance of a blasting permit. The plan shall be accompanied by additional documentation (e.g., maps, site plans and excavation drawings) in order to detail the proposed blasting operation. The plan shall include:
1. The location where the blasting is to occur;
2. The approximate total volume of material to be blasted;
3. The incremental volumes, per blast, of material to be blasted;
4. The types and packaging of explosive materials to be used;
5. The drill hole diameters, depths, patterns, sub-drilling depths and drill hole orientations to be used;
6. The initiation system, the incremental delay times and the location of the primers in the explosive column;
7. The stemming depths and stemming material for the various estimated depths of drill holes to be blasted;
8. The approximate powder factors anticipated;
9. The fly-rock control procedures and equipment, if any, to be used;
10. The maximum number of blasts to be made in any one day;
11. The blast warning sound system and equipment to be used; and
12. The scheduled start date and finish date of blasting operations.
B. Traffic Control Plan. A traffic control plan acceptable to the city detailing signing, flagging, temporary road closures and detour routes for blasting operations must be filed prior to the issuance of a blasting permit. If any road closures are proposed, the traffic control plan must account for school bus schedules and shall not delay school buses on regularly scheduled routes.
C. Pre-Blast Notification Plan. A plan outlining a program of pre-blast public notifications, structural inspections and blast effect monitoring within a specified distance of the blasting is required prior to the issuance of a blasting permit.
1. The distances from the blasting within which the (a) notification, (b) pre-blast structural inspection, and (c) blast monitoring are required and shall be determined by the scaled distance formulas set forth below. No blasting will be permitted until the notification and inspection requirements are completed.
a. Distance from the blast within which notification of all occupied structures is required: Da = 90/w.
b. Distance from the blast within which inspection of all occupied structures is required: Db = 75/w.
c. Distance from the blast within which monitoring of selected structures is required: Dc = 60/w.
2. In the scaled distance formulas (noted above), Da, Db, and Dc are the actual distances in feet from the closest point in the blast. “/w” is the square root of the maximum weight of the explosives in pounds detonated with a minimum eight millisecond separation from another detonation event in a sequentially delayed blast.
3. Notification Letter. The pre-blast notification shall consist of a letter advising all residents within a specified distance of the blasts of the character and intent of the blasting program, its anticipated impact on local residents, the proposed duration of blasting activities and providing telephone numbers for public contact. Distribution of this notification shall be made a minimum of seven days prior to the start of blasting.
4. Pre-Blast Inspection. A pre-blast inspection of residents’ property shall be offered to all residents within the specified distance of the blasting at the permit holder’s expense and done by a qualified third party who is not an employee of the contractor. A copy of the individual inspection reports and a log of all photos taken are to be provided to the city. Where inspections are disallowed by the resident or not possible for other reasons, a certified letter shall be sent to the occupant/owner at the unsurveyed address advising them of their right to a pre-blast inspection and the possible consequences of denying an inspection.
5. The pre-blast inspection program for residences within the specified distance shall be completed two days prior to the start of blasting with notification to the director of community development and fire marshal, or their designees.
D. Blast Plan Compliance Inspections. Blast plan compliance inspections are required for every blast until the operator can demonstrate an ability to safely blast in conformance to the blast plan and control the extraneous effects of blasting such as fly-rock, noise/air blast and ground vibration. If more than two blasting inspections are required, an additional fee of $2,000 per blast will be assessed.
E. Post-Blast Inspection. Building owners may request an inspection of their property if, following a blast, they feel damage has occurred to their property because of the blasting. This request may be made regardless of scaled distance formula criteria given in subsection (C) of this section. This inspection is to be made by an operator’s representative within 15 days of the request. If no agreement is arrived at between the operator and property owner, the city, upon request by the operator or the property owner, shall arrange to have a qualified third party do an inspection and submit a timely report to all parties concerned. The cost of the inspection will be borne equally between the affected party and the blasting contractor. The report will be provided to both parties and the city.
F. Monitoring. All blasts are to be monitored using blast-monitored equipment designed for that purpose and carrying a certificate of calibration dated within the current calendar year. The blast monitors shall record peak particle velocity and frequency in three orthogonal directions and air over pressure in dBL. For shots in which the pounds detonated per eight millisecond time increment are less than 10 pounds, one blast monitor is required. When 10 or more pounds are detonated per eight millisecond time interval, two blast monitors are required. All blasting-monitoring records are to be signed and submitted to the city within 24 hours of each blast.
G. Maximum Peak Particle Velocity. The maximum peak particle velocity in any seismic trace at the dominant frequency to be allowed on any residential, business or public structure. Exhibit A, attached to the ordinance codified in this chapter and incorporated by reference, contains a chart that has been modified from the U.S. Department of Interior Blasting Guidance Manual 8507. In this chart, “Category I” is for use by operations using explosives on a continuing basis, i.e., mining, quarry or any blasting that is required for more than 30 days’ duration. “Category II” is for operations using explosives on a transient or short-term basis, i.e., less than 30 days in any area, such as utility trenching, road grading or site grading.
H. Air Blast. The maximum air blast over pressure permitted at the closest residential, business or public structure designed for human occupancy is not to exceed 133 dBL @ 2.0 Hz hi pass system per the USMB RI 8485.
I. Utilities. Whenever blasting is being conducted in close proximity to or under existing utilities, the utility owner shall be notified a minimum of 24 hours in advance of blasting.
J. Shot Report. A signed shot report on a form approved by the fire marshal, community development director or their designee shall be filed with the city within 24 hours of making the blast. The report shall include the following blast information:
1. Date, time and location of shot;
2. Number of drill holes;
3. Maximum, minimum and average drill hole depth;
4. Drill hole diameter;
5. Sub-drill depth;
6. Total pounds of each type of explosive used;
7. A drill hole section schematic showing the loading of a typical hole;
8. Amount and type of stemming material;
9. Schematic showing drill hole pattern;
10. Initiation delay sequence;
11. Maximum pounds of explosives detonated in any eight millisecond time interval;
12. Type and size of any fly-rock protection devices used if any; and
13. Comments regarding the outcomes of the blast.
K. The city shall be notified: (1) immediately of any blasting accident, and (2) within 24 hours by the permittee of any incident, damage claim or neighbor annoyance report brought to the permittee’s attention. (Ord. 2002-261 § 1).
8.20.120 Penalties.
Any person violating any provision of this chapter shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by imprisonment for a maximum term of not more than a year or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine. A person shall be guilty of separate offenses for each and every day during which any violation of the provisions of this chapter is committed. (Ord. 2002-261 § 1).