CHAPTER 12A -
REGULATION OF BLASTING AND DETONATION OF EXPLOSIVES
Section 12A-1 Purpose.........................................................................................................
Section 12A-2 Scope of Ordinance......................................................................................
Section 12A-3 Definitions....................................................................................................
Section 12A-4 Permit Required for Use of Certain
Explosives.............................................
Section 12A-5 Permit Required for Each Separate Occasion;
Continuous Permit...............
Section 12A-6 Information Contained in Application..........................................................
Section 12A-7 Bond or Liability Insurance Required...........................................................
Section 12A-8 Action on Application...................................................................................
Section 12A-9 Denial of Application...................................................................................
Section 12A-10 Revocation of Blasting Permit.....................................................................
Section 12A-11 Transfer......................................................................................................
Section 12A-12 General Provisions.....................................................................................
Section 12A-13 Record Keeping..........................................................................................
Section 12A-14 Penalties.....................................................................................................
This ordinance establishes regulations that are applicable to blasting and the detonation of explosives within the Town of
[Enacted August 8, 2000]
This ordinance
does not replace or negate the requirements pertaining to explosive materials
that are contained in Chapter 19 (Explosive Materials) in Volume V (Fire
Prevention) of the North Carolina State Building Code. Where an inconsistency exists between the
requirements of this ordinance and Chapter 19 of Volume V of the State Building
Code, the more stringent of the requirements shall prevail.
[Enacted August 8, 2000]
(A) Unless
otherwise specifically provided, or unless clearly required by the context, the
words and phrases defined in this section shall have the meaning indicated when
used in this ordinance.
(2) Blasting. Any activity that uses
explosives for the purpose of producing an explosion to demolish a structure or
to fragment rock, gravel, earth, or trees for excavation or construction.
[Enacted August 8, 2000]
It is unlawful for
any person, firm, or corporation, without obtaining a permit from the
Administrator, to do any blasting within the corporate limits of the Town or to
use any explosive for the purpose of demolishing a structure or blasting out
rock, gravel, earth, trees, or any other substance or material.
[Enacted August 8, 2000]
(A) Upon each
separate occasion that a person desires to do blasting, he or she shall make
written application to the Administrator for a permit, stating the time and
place of such proposed blasting operations, as well as the necessity and
purpose thereof. If the Administrator is
satisfied as to the propriety and necessity of such blasting, he or she shall
issue a permit in accordance with the applicable provisions of this
ordinance. The Administrator may attach
such conditions to the issuance of the permit as he or she may deem necessary
for the protection of persons and property in the vicinity. Any such conditions shall be specified in
writing. The fee for the permit shall be
established by the Town Council.
(B) If said
applicant desires to continuously conduct blasting operations as one continuous
project and in one specified location, the Administrator may grant a continuous
permit.
(C) No permit
shall be effective for more than 90 calendar days from the date of approval.
(D) On projects
that are covered by an applicable Conditional Use Permit, no blasting permit
shall be issued without the expressed authorization of the Town Council.
[Enacted August 8, 2000]
(A) The
application for a blasting permit shall contain the following information, as
well as any additional information that the Administrator may require:
(1) Name of the applicant, which shall be the person or firm
responsible for conducting the blasting operations. Information shall include the company name,
address, daytime phone number, and emergency after-hours phone number.
(2) Name of the property owner
(3) Name of the general contractor
(4) Location of the proposed blasting activity
(5) A description of the project for which the blasting is being
undertaken
(6) Sketch of site showing measured distances to adjacent buildings,
streets, utilities, wells, and other facilities
(7) A blasting plan to include a description of the proposed blasting
procedures, an estimate of the total number of cubic yards of material to be
removed by blasting, an estimate of the number of blasts to be detonated, the
quantity and type of explosives to be used, the maximum amount of explosives
per delay, the maximum number of holes per delay, and the proposed placement of
seismographs
(8) An estimated starting date and completion date for the blasting
operations
(9) Hours of blasting operations
(10) Traffic control, barricading, and signage plan
(11) Any other studies or information deemed necessary by the
Administrator, which may include, but is not limited to:
(a) Pre-blasting assessment, which would assess the potential for
damage to adjacent structures and facilities.
As part of the assessment, the Administrator may require the videotaping
of all structures and facilities located within 500 feet of the proposed blast
location
(b) Hydrological study
(c) Geological study
(d) Test wells
[Enacted August 8, 2000]
(A) Before a
permit is issued, the Applicant shall file with the Administrator a corporate
surety bond in the principal sum of $5,000,000; or a public liability insurance
policy, including explosion, collapse, and underground (xcu)
coverage, with identical limits.
(B) Any such bond
shall run in favor of the Town and shall inure to the benefit of the Town. Any such insurance policy shall name the Town
as an additional insured.
(C) The purpose of
the bond or insurance policy shall be for the payment of all damages to persons
or property that may arise from or be caused by the blasting operations and
related activities. The Administrator
may specify a greater or lesser amount when, in his or her opinion, conditions
at the location of the proposed blasting operation indicate that a greater or
lesser amount of bond or insurance coverage would be sufficient for the payment
of any such damages.
(D) The Applicant
shall agree to indemnify, save harmless, and defend the Town, its agents and
employees, from all claims, damages, costs, expenses, and charges, including
attorney’s fees, that arise out of or by reason of the
Applicant’s blasting operations.
[Enacted August 8, 2000]
The Administrator
shall act, within a reasonable time, on an application for a blasting permit
and shall notify the applicant in writing of its approval, conditional
approval, or denial.
[Enacted August 8, 2000]
The Administrator
may deny the permit if he or she concludes that the proposed blasting
operations are inherently unsafe or pose an unreasonable risk of damage to
adjacent properties or facilities. In
the event of the denial of a blasting permit, the Administrator shall notify
the Applicant in writing of the reasons for the denial. Service of this notification may be made in
person or by mail, and such service may be proved by the written
acknowledgement of the persons served or by affidavit of the person making the
service.
[Enacted August 8, 2000]
(A) Any blasting
permit granted by the Administrator may be revoked, after notice and hearing,
for any of the following causes:
(1) Failure to comply with the provisions of this ordinance.
(2) Failure to comply with any conditions of the blasting permit.
(3) For any other cause if, in the judgment of the Administrator,
continuance of the permit is not consistent with the purposes of this
ordinance.
[Enacted August 8, 2000]
A blasting permit
shall not be transferable whether by operation of law or otherwise, either from
one location to another or from one person to another.
[Enacted August 8, 2000]
(A) Covering. All blasting operations shall be covered in
such a manner as to prevent fragments of rock, gravel, earth, trees, or other
substances or materials from being thrown against or upon lots, buildings,
utility lines, or any street or highway.
(B) Hours of
Detonation. Hours of detonation shall be
limited to daylight hours, no earlier than 8:00 a.m. or later than 5:00 p.m.,
Monday through Friday, except by special exception specifically authorized by
the Administrator. Blasting shall also
be prohibited on the following legal holidays: New Years Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
(C) Water Quality
Protection. Water is a precious resource
and measures shall be taken to protect ground water quality as found in the
nearest well within 500 feet of the blasting location. Post blast testing shall be done no sooner
than 24 hours or no later than 48 hours following a blast. Turbidity in wells tested shall be no greater
than that which existed prior to the blasting as established in the pre-blast
survey.
(D)
Notification. Any person detonating
explosives shall first notify the Administrator that a blast is planned. Such notification shall be received at least
twenty-four (24) hours prior to the planned detonation and shall give the time
(within plus or minus one hour) of the planned detonation and the location where
the blasting is to be done. The person
detonating the explosives shall give an equivalent notice to each property
owner that is located within 500 feet of the proposed blasting location.
[Enacted August 8, 2000]
(A) Persons
responsible for blasting operations shall maintain a record of each blast. A copy of that record shall be filed with the
Administrator within twenty-four hours of each blast. All original blasting records shall be
retained by the persons responsible for the blasting operations for at least
three years following the cessation of the blasting operations and shall be
available for inspection by the Administrator.
The blasting records shall contain the following minimum data:
(1) Name of the person responsible for the blasting operation
(2) Location, date, and time of blast
(3) Name of the blaster in charge
(4) Type of material blasted
(5) Number of holes, burden, spacing
(6) Diameter and depth of holes
(7) Types of explosives used
(8) Amount of explosives used
(9) Maximum amount of explosives per delay period of eight milliseconds
or greater
(10) Maximum number of holes per delay period of eight milliseconds or
greater
(11) Method of firing and type of circuit
(12) Weather conditions (including factors such as wind direction, cloud
cover, etc.)
(13) Height or length of stemming
(14) Were mats or other types of protection used
(15) Type of detonators used and delay periods used
(16) Seismograph and airblast readings when
measured, and from where measured
[Enacted August 8, 2000]
(A) Any person who
violates or fails or refuses to obey or comply with any provision of this
ordinance or submits any false information required by this ordinance shall be
guilty of a Class 3 misdemeanor, punishable as provided in G.S. 14-4.
(B) Any violation
of any of the provisions specified in this ordinance shall also subject the
offender to a civil penalty of five hundred dollars ($500.00). If the offender fails to pay this penalty
within fifteen calendar days after being cited for a violation, the penalty may
be recovered by the Town in a civil action in the nature of a debt.
(C) Each day that
any violation continues after a person has been notified that such violation
exists and that he is subject to the penalties specified in subsections A and B
shall constitute a separate offense.
(D) This ordinance
may also be enforced by any appropriate equitable action, including injunctions
or orders of abatement.
(E) A violation of
any of the provisions of this ordinance shall also result in the forfeiture of
any and all permits issued by the Town of
If a blasting
operation is conducted without a valid and current blasting permit issued by
the Town, and as a result of that violation other permits issued by the Town
are revoked for the related project, those permits may not be restored until a
complete application for a blasting permit has been received and approved by
the Administrator. To assess and
document any damage to neighboring structures and facilities, the application
for the blasting permit shall include a geotechnical assessment of the actual
or potential damage to adjacent structures and facilities as well as a
videotaped record of all structures and facilities located within 500 feet of
the blast location.
(F) The Town may
enforce this ordinance by any one or any combination of the foregoing remedies.
[Enacted August 8, 2000]