SUMMARY OF PROPOSED ORDINANCE AMENDING

BLASTING REGULATIONS

Code Section	Proposed Ordinance	Existing Code
Revocation of permit for alcohol or drug use while engaged in blasting operations.	Adds provision authorizing the revocation of a permit if the chief has evidence that the permittee, its employees or agents engaged in blasting operations while under the influence of alcohol or controlled substances.  The chief may delay reissuing a permit that is revoked pursuant to this section.	Existing code provisions addressing the revocation of a permit (from 1997 Uniform Fire Code) do not account for the use of alcohol or controlled substances while engaged in permitted activity.
Notification to property owners when permit reissued. Property owners’ opportunity to request second preblast survey in certain circumstances.	When a blasting permit is reissued, property owners will be notified if the time period in the original notification expires. Property owners within 500 feet of the blast site may request another preblast survey if they have undertaken home remodeling or additions requiring building permits since the first preblast survey.	The code does not require the permittee to re-notify property owners when a permit is reissued. The code does not address this issue.
Definitions.	“Structure” is defined to mirror the definition in the Explosive Materials Code, N.F.P.A. 495. “Blasting expert” is defined.	The existing code uses the 1997 Uniform Fire Code definition of structure.    Current code does not define “blasting expert.”
Application Checklist.	The Application Checklist for a permit is inserted in the code to provide applicants with a summary of the requirements for a permit.	The existing code does not contain a checklist.
Minimum insurance requirements.	Liability insurance minimums are increased, $2 million for each occurrence and $5 million general aggregate.	$1 million per occurrence and $2 million general aggregate.
Application and blast plan. Proof of Notice with Application	Changes to the Blasting Plan: The required scale drawing will be prepared using the City’s GIS information and will show the location of structures, other buildings, utilities and gas transmission pipelines located within 500 feet and 1500 feet of the blast site. The application must identify the independent firm conducting seismographic monitoring of blasts within 500 feet of a structure, other building or gas transmission pipeline Proof of notification to property owners sent by mail must accompany the application. Proof of notification to utility companies with facilities within 500 feet of the blast site sent by certified mail must accompany the application.	A scaled drawing is required under the existing regulations, but often the drawings submitted were not accurate or reliable. Under existing regulations all seismographic monitoring can be conducted by the contractor. The method of delivering notice to property owners is not specified.  Posting a notice on the property owner’s door was the preferred method. Notice to utility companies is not required to be sent certified mail.
Notification Requirements.	Notification to adjacent property and utility owners within 1500 feet of the blast site:  Sent by mail rather than posting on the door; Will include the permit time period, the general location of the blast site, and will include a site map; Contact information for the contractor’s insurance company will be provided.	The current code permits notice to be posted rather than mailed. Existing notice requirements do not include information concerning the permit period, the location of the blast site or a site map. Current notice requirements includes insurance company information.
Notification of Utility Companies Near Blast Site.	Notification of blasting to utility companies located within 500 feet of the blast site will be sent by certified mail and will include all of the information sent to adjacent property owners.  In addition, the utility company will be notified that it has ten days from receipt of the notice to object to the blasting plan or request additional time to study the plan.
Posting Notice On Site.	Posting Notice Near Blast Site – the site map, the permit, and the blasting certificates of on-site personnel will be posted near the blast site.	The current code does not require this information to be posted.
Notice of Pre-blast Surveys.	Notice concerning pre-blast surveys for structures, other buildings and utility companies located within 500 feet of the blasting area will be sent by certified mail at least 20 days before initiation of blasting.  The proposed ordinance sets forth the contents of the notice. If the pre-blast surveys are completed, or the surveys are declined, and the ten-day period for utility companies to object to the blasting expires, blasting may proceed.	The current code provides said notices to be made in writing but does not require them to be mailed.  Nor does the current code specify the contents of the notice. Under the current code, blasting may not proceed until 15 days (the time allotted for pre-blast surveys to be completed) expires.  There is no provision addressing objections by utility companies.
Air Blasts.	Air blast maximum limits are established based upon N.F.P.A 495.	The current regulations do not contain air blasts limits.
Ground Vibration / Seismographic Monitoring.	Seismographic monitoring of blasts occurring within 500 feet of a structure, other building, gas transmission pipeline or other utility will be conducted by a firm independent of the blasting contractor reporting directly to the fire marshal but compensated by the blasting contractor.  The contractor may conduct the seismographic monitoring of blasts occurring at a distance greater than 500 feet of structures, other buildings and gas transmission pipelines.	The contractor conducts all seismographic monitoring required under the existing regulations.
Maximum Peak Particle Velocity.	If the property owners consent in writing, the maximum peak particle velocity may exceed the one inch per second limitation.	The maximum peak particle velocity may not exceed the one inch per second limit under any circumstances.
Seismograph Equipment Calibration and Certification.	The seismology equipment used in the blasting operations must be calibrated and certified within one year preceding the blasting.	No such requirement exists under the current regulations.
Blasting Within 100 Feet of structures.	Blasting within 100 feet of a structure, other building or gas transmission pipelines may occur if the property owners consent and said blasting conforms to the limits recommended by the US Bureau of Mines Table of Scaled Distances.	No blasting may occur within 100 feet of any structure.
Blasting Expert to Review and Approve Blast Plan.	If blasting will occur within 500 feet of a structure, other building or gas transmission pipeline, a qualified blasting expert, compensated by the contractor, shall review and approve the blasting plan.   The ordinance sets forth the items the expert shall review. The expert shall be independent of the contractor and must provide the fire marshal with proof of liability insurance.	There is currently no independent expert review of blasting plans.