ORDINANCE NO.  7846

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING BLASTING AMENDING CHAPTER 8, ARTICLE 2 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION, AND AMENDMENTS THERETO

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.        Chapter 8, Article 2, Section 8-207.10a of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted:

8-207.10a          Sec. 105.7 shall be amended to read as follows:  Revocation of Permits.  The chief is authorized to suspend or revoke a permit when it is determined after a hearing by the chief that:

1. The permit has been used by a person other than the person to whom the permit was issued,

2. The permit has been used for a location other than that for which it was issued,

3. Any of the conditions or limitations set forth in the permit have been violated,

4. The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code within the time provided therein,

5. There has been a false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based,

6. The permit was issued in error or in violation of an ordinance, regulation or this code, or

7. The chief has evidence that the permittee, its employees or agents engaged in the permitted activity while under the influence of alcohol or controlled substances.

The chief, or his or her designee, may delay reissuing a permit that has been revoked pursuant to this section until such time as the chief, or his or her designee, deems appropriate, taking into account the nature and severity of the conduct which caused the permit to be revoked.

Section 2.        Chapter 8, Article 2, Section 8-207.55 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

8-207.55            Article 7701.3.1 is amended to read as follows:

Section. 7701.3.1 Required.  A permit application shall be made to the Fire Prevention Division who shall issue same only if the Fire Marshal or his or her designated representative shall after inspection approve issuance of the permit.  Permits shall expire thirty (30) days after date of issuance.  Permits shall be obtained:

                        (1)        To manufacture, possess, store, sell, display or otherwise dispose of explosive materials at any location.

                        (2)        To use explosive materials.

                        (3)        To operate a terminal for handling explosive materials.

Section 7701.3.2  Reissuing Permits.  Permits may be reissued if they have expired or been terminated, subject to such provisions of inspection, reporting, and amendments contained in this ordinance as the Fire Marshal may deem necessary.  If a Permit is reissued, the applicant shall notify properties within 1500 feet of the blast site stating the new permit period, if the time period contained in the original notification has expired.  Notification to properties within 500 feet of the blast site that the Permit is reissued shall advise the property owner of the right to request a second preblast survey if a home improvement or remodeling project requiring a building permit was undertaken after the initial preblast survey was completed.. 

Section 7701.3.3  Application Process.  The following shall be the process for applying for a permit to store or use explosives in the City of Lawrence for the purpose of blasting as part of construction and development operations.  Permits for other types of operations involving explosives shall be according to the applicable sections of the UFC as amended by the Governing Body.

Section 7701.3.4  Definitions.  For the purpose of these blasting operations regulations:

a. “Structure” shall mean any dwelling, public building, school, church, or commercial or institutional building.  (From N.F.P.A. 495.  Explosive Materials Code.);

b. “Blasting expert” shall mean a professional engineer licensed in the State of Kansas with blasting experience, or a consultant whose primary business involves blasting operations and blasting analysis;

Application Checklist for an

Explosives and Blasting Permit

Per Section 8-207.55, this application checklist must be completed to demonstrate the applicant’s compliance with the regulations for conducting blasting operations within the City of Lawrence. Supporting documents will be required where indicated.

1) Document -Proof of Liability insurance coverage in the following minimums:

Commercial General Liability Insurance to cover injuries or damages to persons or property which might result from blasting operations –

General Aggregate $2 5,000,000

Each Occurrence    $1,2,000,000

Automobile Combined

Single Limit      $1,000,000

Worker’s Comp       Statutory Amt.

Insurance Company Name _______________________________

Insurance Company Contact Information ____________________

Expiration Date ________________________________________

Certificate of Liability Insurance provided to City Clerk ____/____

                                                                                        Yes   No

2) Document(s) -Copies of Explosive Blaster Permits, issued by the Kansas State

Fire Marshal’s Office, for all responsible persons on site.

3) Blasting Plan on file including the following:

Contractor Information:

Name of Contractor _____________________________________

Address ______________________________________________

Emergency Contact Number ______________________________

Business Contact Number ________________________________

                        Responsible On-site Personnel   __________________________________

                                                                        __________________________________

                                                                        __________________________________

                                                                        _________________________________

4) Document  Scale drawing (produced by City of Lawrence) of project area which includes:

___Distances to all structures within 1500 feet of the blast site,

___Type and amount of explosive materials _______________________________________________________________,

                        _______________________________________________________________,

__Distance from storage magazines to nearest structure (per Code) _______________________________________________________________,

                        ___Proposed Seismograph locations during blasting,

___Designation of proposed preblast surveyed structures.

5) Document(s) – Notice of blasting operations sent by certified mail, return receipt requested, to utility companies with utilities located within 500 feet of blasting site.

6) Document – Listing of all proposed preblast surveyed structures within 500 feet of the blast site,

7) Name and Address of independent Seismograph Monitoring firm:

                        ______________________________________________________________,

8) Date of last Seismograph Calibration / Certification_________________________________,

9) Document – List of addresses within 1500 feet of the blast site that have been

provided with written notification (sent by mail) of blasting operations,

10) Document – Copy of the written notification to structures, other buildings, utilities and gas transmission pipelines within 1500 feet of the blast site which includes:

                        Notice of intent to blast

Permit Period and General Location of the blast site with site map

                        Name of Contractor

                        Insurance Company Name

                        Insurance Contact Information

Name of Applicant:_______________________________________________

Signature of Applicant_____________________________________________

Address of Applicant _____________________________________________

Phone Number __________________________________________________         

Section 3.        Chapter 8, Article 2, Section 8-207.57 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

8-207.57            Section 7701.4 is amended to read as follows:

Section 7701.4  Insurance Required.  The applicant shall provide proof of liability insurance coverages for the purpose of payment of damages to persons or property which arise from, or are caused by, the conduct of an act authorized by the permit upon which a judicial judgment results.  The policy shall provide for the following minimum coverages:

(1) Commercial General Liability Insurance to cover injuries or damages to persons or property which might result from blasting operations –

            General Aggregate                     $25,000,000

            Each Occurrence                       $12,000,000

(2) Automobile Liability

                                    Combined Single Limit                $1,000,000

                        (3)  Workers Compensation                    Statutory Coverage

Section 4.        Chapter 8, Article 2, Section 8-207.59 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

8-207.59            Section 7703 is amended to add the following:

Section 7703.6  Blasting Plan and Notifications.

Section 7703.6.1  Blasting Plan.  The application for the permit must be accompanied by a Blasting Plan for the blasting operation.  This Blasting Plan shall include specific information on the operation as follows:

                                    1.         Name of the Contractor conducting the blast.

            2.         Names of all responsible on-site personnel and copies of their Blasters Certificates.

            3.         Scale Drawing, prepared by the City of Lawrence GIS Coordinator or his or her designee, which accurately shows all allows dimensions and all distances relative to the application to be calculated for the following:

                        a.         Distances to all houses, buildings, or other facilities structures, other buildings, utilities, and gas transmission pipelines within 500 1500 feet of the blast site.

b.         Distances to buildings, and other features structures, other buildings, utilities, and gas transmission pipelines in accordance with Table A-VI-E-5, in UFC. Appendix VL-E of the explosives storage magazines.

c.         Designation of seismograph monitoring site(s).

d.         Designation of utilities, gas transmission pipelines, proposed preblast surveyed structures and buildings within 500 feet of the blast site.

4. Seismographic monitoring to be provided by an Name of the independent firm, approved by the Fire Prevention Division, and reporting directly to the Fire Marshal and City Engineer conducting the seismographic monitoring of blasts occurring within 500 feet of any structure, other building, or gas transmission pipeline. 

5. Evidence of the notification required by this section, sent by mail, of adjacent property owners including the written notification, and list of addresses of those notified.

6. Evidence of the notification required by this section, sent certified mail, return receipt requested, to utility companies with utilities located within 500 feet of the blast site.

      7703.6.2            Notification of Adjacent Property Owners. The applicant shall provide written notification, sent by mail, to property and/or utility owners within 1500 feet of a blast site. Notice shall include the following:

                         1.         Notice of intent to blast,

                                    2.         Name of blasting contractor,

                         3.         Permit period  and general location of the blast site with site map,

3.         Agency making the preblast survey

                         4.         Insurance company name, providing the coverage and claims process contact information.

                        5.         Insurance company contact information

7703.6.3 Notification of Utilities Located Within 500 Feet of Blast Site.  The applicant shall provide written notification, sent certified mail, return receipt requested, to utility companies with utilities located within 500 feet of a blast site.  Notice shall include the following:

1. Notice of intent to blast,

2. Name of blasting contractor,

3. Permit period and general location of the blast site with site map,

4. Insurance company name, providing the coverage and contact information

5. Insurance company contact information,

6. A statement advising the utility company that if it fails within ten (10) days of the receipt of the notice, to object to the intent to blast or to request additional time to review the issue, any objections are deemed waived.

7703.6.4            Posting Notification Near Blast Site.  In addition to the written notification set forth above, the contractor shall cause to be posted in a conspicuous location, accessible to the public, a weather protected copy of the site map, the permit issued by the Fire Marshal, and the blasting certificates or cards of all of the on-site personnel.

Section 7703.7 Preblast Survey. At least 15 20 days before initiation of blasting, the surveyor shall notify, in writing sent by certified mail, return receipt requested, all residents or owners of dwellings, utilities, or other structures, or other buildings located within 500 feet of the blasting area of the intent to conduct a preblast survey.  The notification shall include the following:

1. Notification of intent to blast

2. Permit period and general location of blasting site

3. Name of Contractor

4. Name of Contractor’s Insurance Company

5. Insurance Company Contact Information

6. Name of Preblast Survey Company

7. Preblast Survey Company Contact information

8. Site Map Showing Blast Site

Blasting may proceed before the expiration of the 20 days, if preblast surveys are completed, or after permission to conduct a preblast survey has been denied, and the ten-day period set forth in Section 7703.6.3 of these regulations, as amended, for utility companies to object to the intent to blast or to request additional time to review has expired without such a request.

Preblast surveys shall be conducted by a firm regularly engaged in performing preblast surveys and which is independent of the blasting contractor.  The surveyor shall promptly conduct a preblast survey of the identified dwellings or structures or other buildings unless permission for the survey is denied by the occupant or owner, or after due diligence on the part of the surveyor, contact with the occupant or owner could not be made.

A report shall be prepared and include the documentation of The surveyor shall prepare a report after examining the interior and exterior of the structure or other building documenting through the use of photographic or videotaping methods any existing damage and other physical factors that could reasonably be affected by the blasting. The surveyor shall examine the interior and exterior, documenting any damage by means of photographic or videotaping methods. The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the contractor and made available to the Fire Marshal.

The pre-blast surveys shall be conducted completed, or unless permission to conduct a pre-blast survey has been denied or contact with the occupant or owner could not be made after due diligence on the part of the surveyor to make such contact, before the initiation of blasting and by a disinterested third party, regularly engaged in performing preblast surveys. 

Section 7703.8 Ground Vibration. Regardless of the distance to nearby facilities, buildings or other structures, other buildings, utilities and gas transmission pipelines, the blasting operations shall be carried out in such a manner that they will not cause flyrock damage or damage from air blast over pressure or ground vibration. The contractor or operator shall conduct seismic monitoring of all blasts. Seismographic monitoring of blasts occurring within 500 feet of any structure, other buildings or gas transmission pipelines shall be provided by an independent firm, approved by the Fire Prevention Division, reporting directly to the Fire Marshall and compensated by the blasting contractor.  The seismic recording site shall be located at the nearest structure, or other building, or gas transmission pipeline within 500 feet of the blast site.  Seismographic monitoring of blasts occurring at a distance greater than 500 feet of any structure, other building or gas transmission pipeline may be provided by the contractor.   

The maximum peak particle velocity at any such recording site shall not exceed one inch per second in any one of three mutually perpendicular directions unless the property owner(s) consent in writing.

All seismology equipment utilized on the site, by either the applicant or a third party independent firm, shall have been calibrated and certified within the previous year.

Section 7703.8.1 Airblasts.  Airblasts at the location of any dwelling, public building, school, church, or commercial or institutional building or other building that is not owned, leased or contracted by the blasting operation, or on property for which the owner has not provided a written waiver to the blasting operation, shall not exceed the maximum limits specified in Table 10.2.1 of N.F.P.A. 495.

Table 10.2.1 Airblast Limits

Lower Frequency Measuring System [Hz(± 3 dcb)]	Measurement Level (dcb)
0.1 Hz or lower……………flat response*	134 peak
2 Hz or lower………………flat response	133 peak
6 Hz or lower………………flat response	129 peak
C-Weighted………………..slow response*	105 peak
*Only where approved by the authority having jurisdiction.

Section 7703.9 Distance From Structures. There shall be no blasting within one hundred feet of any structure, other building, or gas transmission pipeline unless the property owner(s) consent in writing and the blasting conforms with the limits recommended by the U.S. Bureau of Mines Table of Scaled Distances.

Anytime blasting occurs within 500 feet of any structure, other building or gas transmission pipeline, the contractor shall cause a qualified blasting expert, experienced in blasting operations and approved by the Fire Marshall, to review and approve the blast plan.  Said blasting expert shall report to the Fire Marshall and shall be compensated by the contractor or developer.  The blasting expert shall be independent of the contractor.  The blasting expert shall provide the Fire Marshal with proof of liability insurance.  The blasting expert shall review and analyze the following:

1. Preblast survey records.

2. Proposed location and proposed time of blast

3. Credentials of certified blaster designated to be in charge.

4. Type of material to be blasted.

5. Number of proposed holes to be bored and the spacing thereof.

6. Proposed diameter and proposed depth of holes.

7. Type and amount of explosives to be used.

8. Amount of explosives per delay of 8 millieseconds or greater

9. Proposed method of firing and proposed type of circuit.

10. Verification of the identification, direction, and distance, in feet, from the nearest blast hole to the nearest structure, other building, or gas transmission pipeline outside the permit area, except those described herein.

11. Whether or not mats or other precautions will be used.

12. Type of proposed detonators and delay periods.

13. Type and height of proposed stemming.

14. Proposed seismograph locations during blasting operations and verification of date of last calibration / certification

15. Verification of proper notice to utility companies.

16. Subsurface analysis of site.

Section 7703.10 Blast Records. A record of each blast shall be kept and retained for at least three (3) years and shall be available for inspection by the fire official. These records shall contain the following minimum data:

                                    1.         Name of contractor:

                                    2.         Preblast survey records.

                                    3.         Location and time of blast.

                                    4.         Name of certified blaster in charge.

                                    5.         Type of material blasted.

                                    6.         Number of holes bored and spacing.

                                    7.         Diameter and depth of holes.

                                    8.         Type and amount of explosives.

                                    9.         Amount of explosives per delay of 8 milliseconds or greater.

                                    10.        Method of firing and type of circuit.

                                    11.        Identification, direction, and distance, in feet, from the nearest blast hole to the nearest building or structure outside the permit area, except those described herein.

                                    12.        Whether or not mats or other precautions were used.

                                    13.        Type of detonators and delay periods.

                                    14.        Type and height of stemming.

                                    15.        Seismograph records.

Section 5.  Chapter 8, Article 2, Sections 8-207.55, 8-207.57, and 8-207.59 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto are hereby repealed and of no further force and effect, it being the intent of this ordinance that its provisions be substituted in place thereof. Chapter 8, Article 2, Section 8-207.10a of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby enacted.

Section 6.        This ordinance shall be effective on and after its publication as provided by law.

Passed by the governing body this  day of , 2004. 

                                                                        Mike Rundle, Mayor

ATTEST:

Frank S. Reeb, City Clerk

Approved as to form and legality:

David L. Corliss, Assistant City Manager

  and Director of Legal Services