ORDINANCE NO.
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 or any regulations contained within the Code of the City of Lawrence 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.
If evidence exists to suggest the permittee has violated a condition or limitation set forth in a permit or any regulation contained within the Code of the City of Lawrence, the Fire Marshall, may at his or her discretion immediately order the permittee to cease and desist all blasting operations until such time as a hearing can be held.
The chief, or his or her designee, may delay reissuing a permit that has been revoked pursuant to this section until such time as the chief, or his or her designee, deems appropriate, taking into account the nature and severity of the conduct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 8-217.14a of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted:
8-217.14a Sec. 220. The definition for “Structure” shall be amended to read as follows: Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, including electrical transmission lines and utility pipelines (e.g. natural gas, petroleum, sanitary and storm sewer, and water).
8-217.14b Sec. 220. The definition of a “qualified engineer” shall mean “any individual who has received a civil, structural or geotechnical engineering degree from an accredited engineering school and who possess a valid Professional Engineering License, in any of the three disciplines listed, to practice engineering in the State of Kansas.
Section 3. 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 Director 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.
Permit applications for the use of explosive materials shall be accompanied by a $500 fee.
Section 7701.3.2 Reissuing Permits. Permits may be reissued if they have expired or been terminated, subject to such provisions of inspection, reporting, notification, and amendments contained in this ordinance as the Fire Marshal may deem necessary and upon payment of a $300 permit renewal fee for the use of explosive materials.
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.
Application Checklist for an
Explosives and Blasting Permit
Per Section
8-207.55, this checklist application
must be completed and included with the permit application document 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.
No blasting permit will be issued until such time as the Fire Marshall
determines the application document is complete and an application
fee of $500 has been paid.
1) _____Document -Proof of Liability insurance coverage in the following minimums:
Commercial General Liability –
General Aggregate $25,000,000
Each Occurrence $12,000,000
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) _____Document(s) Blasting Plan on file including the following:
Contractor Information:
Name of Contractor _____________________________________
Address ______________________________________________
Emergency Contact Number ______________________________
Business Contact Number ________________________________
Responsible On-site Personnel __________________________________
__________________________________
__________________________________
__________________________________
Document Scale drawing (produced by City of Lawrence and paid for by the applicant) 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.
4)___Document – Listing of all proposed preblast surveyed structures within 1500 feet of the blast site,
5)___Name and Address of independent Seismograph Monitoring firm:
___________________________________________________,
6)___Document – List of addresses within 1500 feet of the blast site that have been
provided with written notification (sent certified mail) of blasting operations,
7)___Document – Copy of the written notification which includes:
Notice of intent to blast
Name of Contractor
Agency providing preblast surveys
Insurance Company Name
Insurance company claims process.
8)___Application Fee of $500 or renewal application fee of $300 has been paid.
Name of Applicant:_______________________________________________
Signature of Applicant_____________________________________________
Address of Applicant _____________________________________________
Phone Number __________________________________________________
8-207.56 Chapter 8, Article 2, Section 8-207.56 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendment thereto, is hereby amended to read as follows:
Section 7701.4 is amended to read as follows:
Section 7701.4 Insurance Required. The applicant and any qualified engineer retained by the applicant under Section 7703.9 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
Each Occurrence $2,000,000
(2) Automobile Liability
(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 document for
the permit must include 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 and paid for by the applicant, 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 within 500
1500 feet of the blast site.
b. Distances
to buildings and other features structures 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 preblast surveyed structures and buildings
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.
5.
Evidence of the
notification required by this section, sent by certified mail, return
receipt requested, of adjacent property and utility owners
including the written notification, returned receipts and list of addresses of those notified.
All items required to be included in the blasting plan must be submitted to Fire Marshall prior to the issuance of a permit. This includes evidence of notification of adjacent property and utility owners.
7703.6.2 Notification
of Adjacent Property Owners. The applicant shall provide written notification, sent
by certified mail, return receipt requested, 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. Agency making the preblast survey,
4. Insurance company providing the coverage and claims process.
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 blast plan, the permit issued by the Director of the Fire Prevention Division, and the blasting certificates or cards of all of the on-site personnel. Also, the applicant shall invite the owners and/or operators of all natural gas, petroleum, and water pipelines located within 1500 feet to be present to observe blasting activities.
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 or other structures located
within 500 feet of the blasting area of the intent to conduct a preblast
survey. The Fire Marshall may expand the pre-blast survey
area if he or she deems it necessary. 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.
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 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. An updated survey of any addition, modification, or renovation made to dwellings or other structures after the initial survey shall be performed by the surveyor if requested by the owner or at the request of the Fire Marshall.
A written report shall be prepared and include the documentation of 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 applicant, or the surveyor on the applicant’s behalf, shall provide a detailed written pre-blast survey procedure document to be reviewed by the Fire Marshall. The pre-blast surveys shall not commence until the proposed survey method has been reviewed and approved by the Fire Marshall for completeness.
The pre-blast surveys
shall be conducted completed 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, 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 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 building within 500 feet of
the blast site. Seismographic monitoring of blasts occurring at a distance
greater than 500 feet of any structure may be provided by the contractor.
The contractor shall provide certification of
annual calibration for all seismographic and airblast monitoring equipment.
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.
[INSERT SECTION TO CONTROL AND REGULATE AIRBLASTS]
Section 7703.9 Distance From Structures.
Blasting Within 500 Feet of Structures. There shall be no blasting within 500 feet of any structure until such time as a qualified engineer seals and signs a statement indicating the material proposed to be blasted can not be removed by other readily available excavation methods or blasting can not be avoided even by redesigning the proposed project. As part of the determination process, a qualified engineer shall review all construction drawings and design calculations to determine if the proposed portion of the project within 500 feet can be redesigned to avoid blasting.
Blasting Within 100 Feet of Structures. There shall be no blasting within one hundred feet of any structure or building, unless the property owner consents in writing and the blasting conforms with the limits recommended by the U.S. Bureau of Mines Table of Scaled Distances. {NEED TO PROVIDE TABLE WITH SCALED DISTANCES}
Anytime blasting occurs within 500 feet of any structure, the contractor shall cause a qualified engineer, experienced in blasting operations and approved by the Fire Marshall, to be on site to monitor the blasting operation. Said engineer shall report to the Fire Marshall and shall be compensated by the contractor or developer. The engineer shall be independent of the contractor. Said engineer shall be required to provide proof of liability insurance as required by Section 8-207.57.
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 and/or the public within 24-hours upon request. 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. Seismographic and airblast records
which include the following:
1. Type of instrument, sensitivity, and calibration signal or certification of annual calibration;
2. Exact location of instrument and the date, time and distance from the blast;
3. .Name
of person and firm taking the reading;
4. Name of the person and firm analyzing the seismographic record; and
5. The vibration and/or airblast level recorded.
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, Sections 8-207.10a and 8-217.14a of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto are 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