Chapter 15.16 BLASTING*

(1) No company or individual shall be in possession of high explosive materials, or conduct an operation or activity requiring the use of explosive materials, or perform order or supervise the loading and firing of high explosive materials without a current and valid blasting permit issued by the city.

(2) High explosive materials shall not be transported, sold, given, delivered, or transferred to anyone in the city not in possession of a valid blasting permit.

(3) A blasting permit is required for every individual project requiring blasting.

(4) A permit issued under this chapter to any person, company or corporation is non-transferable to any other person, company or corporation.

(5) A company or individual that intends to conduct blasting shall be eligible to make application for a blasting permit, rather than another interested person such as an owner of property where blasting is proposed.

(6) All federal, state, county 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.

Statutory Reference: ORS480.010to480.095, 480.200 to 480.290

History: Ord. 1247 §2, 1997; Ord. 1420, 2009.

15.16.021 Application—Contents.

The City Administrator or his designee 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:

(1) 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;

(2) A current and valid Certificate of Possession for Explosives issued by the Oregon State Fire Marshal’s Office to one or more individuals employed in the work for which the blasting permit is sought;

(3) A transportation plan pursuant to GMC Section 15.16.081;

(4) A blasting plan pursuant to GMC Section 15.16.101;

(5) A traffic control plan pursuant to GMC Section 15.16.111;

(6) A pre-blast notification plan pursuant to GMC Section 15.16.121.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.031 Fee.

(1) A permit fee deposit, valid for a maximum 12-month period, in an amount as specified in the Master Fee Resolution will be assessed for each permit issued.

(2) The philosophy underlying the charges imposed for blasting permits is designed to lower the amount of property taxes used to process applications and permits, by charging the cost and providing the service directly to the person utilizing the service.

(3) If the actual costs exceed the deposit, the applicant will be notified and will receive an invoice for the additional charges. That invoice must be paid within ten (10) days of the date of 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 including additional charges are paid. All unused deposit funds shall be refunded to the applicant.

Statutory Reference: ORS480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997; Ord. 1420, 2009.

15.16.041 Liability insurance required.

(1) The City Administrator, 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 five million dollars ($5,000,000) will be required, or in such additional amount as may be reasonable under all of the circumstances then existing as determined by the City Administrator. The certificate of insurance shall state on its face that the underlying liability insurance policy includes a waiver of subrogation and coverage for indemnification of the city, its officers, agents, any blasting consultant in the employ of the city, and employees, specifically including the owners of any property from loss or damage that might result from such blasting and coverage to indemnify, hold harmless and defend the city, its officers, agents, and employees in and from any cost, attorney’s fees or judgments incurred or rendered in any and all suits or actions brought against it as a result in whole or in part from the blasting.

(2) The certificate shall also state that the insurance company must give the city a minimum of ten (10) days notice of cancellation of the required liability insurance coverage.

(3) The City Administrator shall have the power and authority to limit the level of blasting and if it is deemed to be in the public interest, after examining all of the pertinent circumstances surrounding the proposed blasting, may then refuse to issue such permit or in the case of a previously issued permit may suspend or revoke said permit.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997, Ord. 1420, 2009, Ord. 1427, 2010.

15.16.051 Revocation.

The City Administrator shall have the power to revoke any permit heretofore or hereafter issued under the provisions of this chapter for failure to comply with any of the provisions of this chapter, or for any other reasonable cause.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.061 Denial or revocation—Appeal.

(1) Any person, company, or corporation who makes application for a permit to blast under the terms of this chapter and whose application is denied by the City Administrator, or whose permit is suspended or revoked by the City Administrator under the terms of this chapter may, within ten (10) days thereafter, file notice of appeal to the City Council of the city, and with the City Recorder of the city, and the City Council shall within thirty (30) days thereafter grant a hearing to the appealing party.

(2) On appeal the City Council shall have the same power and authority under this chapter as the City Administrator.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.071 City not to assume liability.

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.

Statutory Reference:ORS480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

II. Regulations

15.16.081 Transportation of explosives.

A plan that addresses the transportation of explosive materials within the city must be included with the application for a blasting permit. The transportation plan must detail the following information:

(1) Route used for deliveries and returns;

(2) Hours of transportation;

(3) Maximum quantities of explosives being transported;

(4) Types of vehicles being used. vehicles must be in compliance with federal and state transportation regulations for motor transport of explosive materials.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.091 Storage of explosives.

(1) 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.

(2) The required method of handling explosives in the city is as follows:

(a) Delivery;

(b) Standby during loading;

Statutory Reference: ORS 480.010 to 480.095,480.200 to480.290

History: Ord. 1247 §2, 1997.

15.16.101 Use of explosives.

(1) Blasting Plan. A blasting plan for each discrete project requiring the use of explosives shall be submitted to and approved by the City Administrator or his designee 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:

(a) The location where the blasting is to occur;

(b) The approximate total volume of material to be blasted;

(d) The types and packaging of explosive materials to be used;

(e) The drill hole diameters, depths, patterns, sub-drilling depths and drill hole orientations to be used;

(f) The initiation system, the incremental delay times and the location of the primers in the explosive column;

(g) The stemming depths and stemming material for the various estimated depths of drill holes to be blasted;

(h) The approximate powder factors anticipated;

(i) The fly rock control procedures and equipment, if any, to be used;

(j) The maximum number of blasts to be made in any one day;

(k) The blast warning sound system and equipment to be used;

(l) The scheduled start date and finish date of blasting operations.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.111 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.

Statutory Reference: ORS 480.010to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.121 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 1) notification; 2) pre-blast structural inspection and 3) blast monitoring, are required 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=90vw

(b) Distance from the blast within which inspection of all occupied structures is required: Db=75vw

(2) In the above formulas Da, Db, and Dc are the actual distances in feet from the closest point in the blast, vw is the square root of the maximum weight of the explosives in pounds detonated with a minimum 8 millisecond from another detonation event.

(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 (7) days prior to the start of blasting.

(4) Pre-blast Inspection. A pre-blast inspection of the resident’s property shall be offered to all residents within the specified distance of the blasting at no cost to the resident 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. The pre-blast inspection program for residences within the specified distance shall be complete two (2) days prior to the start of blasting and the City Engineer notified.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.131 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 flyrock, noise/air blast, and ground vibration. If more than two blasting inspections are required, an additional fee as specified in the Master Fee Resolution per blast will be assessed.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997; Ord. 1420, 2009.

15.16.141 Monitoring.

All blasts are to be monitored using blast monitoring equipment designed for the 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 8 millisecond time increment is less than 10 pounds, 1 blast monitor is required. When 10 or more pounds is detonated per 8 millisecond time interval, 2 blast monitors are required. All blast monitoring records are to be signed and submitted to the city within 24 hours of each blast.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.151 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 designed for human occupancy is to be determined by the following chart taken from the US Department of the Interior Blasting Guidance Manual 8507:

Blast Vibration Frequency, Hz

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.16.161 Air blast.

The maximum air blast impulse overpressure caused by blasting permitted at the closest residential, business or public structure designed for human occupancy is not to exceed the limits promulgated by OAR 340-35-035.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997; Ord. 1255 §1, 1998

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.16.171 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.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.180 Shot report.

A signed shot report on a form approved by the City Administrator or his designee is to 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 the 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 the drill hole pattern;

(10) Initiation delay sequence;

(11) Maximum pounds of explosives detonated in any 8 millisecond time interval;

(12) Type and size of any flyrock protection devices used, if any;

(13) Comment regarding the outcomes of the blast.

Statutory Reference: ORS 480.010 to 480.095, 480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.190 Required notifications.

The city shall be notified immediately of any blasting accident and within 24 hours by the permittee of any incident, damage claim or neighbor annoyance report brought to the permittee’s attention.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997.

15.16.200 Violation—Penalty.

A violation of any provision of Chapter 15.16 shall be a Class “A” Infraction as specified in GMC 1.08.010 through 1.08.100. Each and every day that this Chapter is violated shall constitute a separate offense.

Statutory Reference: ORS 480.010 to 480.095,480.200 to 480.290

History: Ord. 1247 §2, 1997; Ord. 1344, 2004.