Chapter 8.25
EXPLOSIVES
Sections:
8.25.030 Manufacture of explosives – Blasting operations.
8.25.040 General blasting criteria and restrictions.
8.25.060 Unified Fire Authority permit.
8.25.070 City blasting permit application.
8.25.080 City permit approval process and criteria.
8.25.110 Utility notification.
8.25.010 Definitions.
The general definitions for specific terms used in this chapter are hereby incorporated from the International Fire Code (IFC) Section 3307 and National Fire Protection Association Code 495 (NFPA 495) as though fully set forth herein. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 1; Ord. 00-06 § 1].
8.25.020 Permit required.
An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive material, fireworks, or pyrotechnic special effects within the scope of IFC Chapter 33. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 3; Ord. 00-06 § 3. Formerly 8.25.030].
8.25.030 Manufacture of explosives – Blasting operations.
The manufacture of any explosive material, as defined by NFPA 495, shall be prohibited unless such manufacture is authorized by federal license and is conducted in accordance with recognized safe practices. (Manufacturer’s Instructions IFC 3307.2). Blasting operations shall be performed in accordance with the instructions of the manufacturer of the explosive materials being used. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 2; Ord. 00-06 § 2. Formerly 8.25.020].
8.25.040 General blasting criteria and restrictions.
A. Blasting Hours. Blasting shall only occur during daylight hours, and not earlier than 9:00 a.m. or later than 5:00 p.m., unless specifically approved by the city engineer. In areas where residential or commercial properties may be impacted by the noise or vibrations of the blasting, the blasting hours shall be restricted to a two-hour time frame to provide reasonable notice to residents.
B. Blasting Locations and Intensity. All blasting locations and the intensity of blasts shall be planned to minimize the impact on any surrounding property.
C. Public Notification. Notice to all occupants of buildings shall, at a minimum, meet the requirements in NFPA 495 Table 11.1.3. In addition, not less than 48 hours and not more than 30 days prior to any blasts, written notice shall be mailed or hand-delivered to all residential or commercial properties within a quarter mile (1,320 feet) of the blast location. The notice must include the date of the blast, the time of the blast (not to exceed a two-hour window), the location of the blast, and a phone number and contact information for the person or entity conducting the blast. A single notice may be provided for multiple blasts. The city engineer may waive the notice requirement if the city engineer determines that the noise or vibrations of the blast will not significantly impact neighboring property owners, or that other reasonable notice of the blast has been provided.
D. Preblast Inspections. A preblast inspection of residents’ property must be offered to all residents within 500 feet of the blasting at no cost to the resident and will be performed by a qualified third party who is not an employee of the contractor or developer. A copy of the individual inspection reports and a log of all photos taken are to be provided to the city engineer. Where inspections are not allowed by the resident or are not possible for other reasons, a certified letter must be sent to the occupant/owner at the unsurveyed address advising them of their right to a preblast inspection and the possible consequences of denying an inspection. The preblast inspection program for residences must be complete two days prior to the start of blasting and the city engineer must be notified.
E. Notice of Claims or Complaints. Any permittee that receives notice of any alleged damage from any blast must notify the city engineer of the alleged claim within 48 hours. [Ord. O-23-2017 § 2 (Exh. A)].
8.25.050 Noise restrictions.
No explosives operation shall be conducted which will produce noise in excess of the decibels of sound set forth in the table below, at the site of the blasting operation, and no blasting operation shall produce an air blast exceeding one inch per second.
|
Hz (± 3 decibels) |
Measurement Level (decibels) |
|---|---|
|
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 |
[Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 7; Ord. 00-06 § 7. Formerly 8.25.070].
8.25.060 Unified Fire Authority permit.
After obtaining a blasting permit from the city, the applicant must obtain a permit from the Unified Fire Authority in compliance with the International Fire Code Section 104.2, Applications and Permits, and NFPA 495, Explosive Materials. [Ord. O-23-2017 § 2 (Exh. A)].
8.25.070 City blasting permit application.
Prior to use of any explosive materials or blasting, the individual or company using the explosive materials or conducting the blasting shall first obtain a blasting permit from the city engineer. An application shall be submitted to the city engineer on forms provided by the city and shall include the following:
A. Blasting operations timeline;
B. Proposed blasting hours and number of blasts;
C. A detailed site plan showing any proposed blasting locations;
D. Maximum number and intensity of blasts in each blasting site;
E. Existing structures and utilities within one-quarter mile (1,320 feet) of any proposed blast site;
F. A detailed topographic map showing preblasting slopes and post-blasting slopes, including the average slope of the building lots (if applicable);
G. Anticipated amount of material to be produced by blasting activity and location of processing and storage of such materials;
H. Plan to reduce negative impacts;
I. Public notification plan in accordance with EMMC 8.25.040(C);
J. Preblast structural inspection plan in accordance with EMMC 8.25.040(D);
K. Blast monitoring plan of selected structures within 300 feet of the nearest blast;
L. State permits for air quality and dust control;
M. A copy of the permit issued by the Unified Fire Authority;
N. A copy of the applicant’s current ATF license to conduct explosive use operations;
O. The processing fee required by the consolidated fee schedule approved by the city council; and
P. Any additional information the city engineer determines is necessary to evaluate the impact of the proposed blasting. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 4; Ord. 00-06 § 4. Formerly 8.25.040].
8.25.080 City permit approval process and criteria.
A. City Engineer Approval. The city engineer shall approve or deny a complete blasting permit that does not propose blasting within 1,320 feet of any permanent structure. The city engineer may deny the permit, or impose any requirements and conditions, as necessary to protect adjacent properties, or the health, safety and welfare of the public. The city engineer shall approve or deny the blasting permit within 30 days. The city engineer may extend the time to approve or deny the application by up to 60 days if the city engineer determines that additional information is necessary to evaluate the application or the city engineer requires third-party consulting services in order to evaluate the application. The city engineer shall notify the applicant in writing of any extension.
B. City Council Approval. In addition to review by the city engineer, any application proposing blasting within 1,320 feet of any existing residential structure must be approved by the city council. If the city engineer recommends approval of the application, the city engineer shall include a proposed permit with all conditions of approval recommended by the city engineer. If the city engineer recommends denial of the application, the city engineer shall provide a detailed analysis of the city engineer’s basis for denial of the permit. In addition to the recommendation of the city engineer, the city council may consider the following factors in granting, denying, or conditioning the permit:
1. The proposed number and size of blasts;
2. The distance between the proposed blasts and existing residences or structures;
3. Whether the blasting is necessary to install public or private infrastructure or facilities that will benefit the public at large;
4. Whether alternatives to blasting exist, such as use of machinery, and the potential costs, timing and impacts of any alternatives;
5. Any conditions or restrictions proposed by the applicant to alleviate the potential negative impacts to surrounding property owners;
6. Site specific conditions, such as slope, soils, and emergency access;
7. If blasting for utilities, the required utilities plan;
8. The applicant’s plan for removal, export, import, processing, use, and stockpiling of material produced by the blasting, if necessary for the project or development;
9. Whether the applicant, developer of the project, or owner of the property where the blasting will occur is in compliance with existing agreements with the city; and
10. Whether all aspects of the project or development, and the blasting plan, are in compliance with the Eagle Mountain Municipal Code.
C. All blasting permits shall be temporary permits and the city engineer or city council may terminate the blasting permit at any time, or impose additional conditions or restrictions on the blasting to protect the health, safety and welfare of the public. [Ord. O-15-2018 § 2 (Exh. A); Ord. O-23-2017 § 2 (Exh. A)].
8.25.090 Insurance.
All applicants shall provide to the city, with the application for the explosives use permit, a copy of a current policy of comprehensive liability insurance issued by an insurance company authorized to do business in the state of Utah with a Best’s Insurance Rating of AA or better, specifically listing explosives use and blasting operations as a covered activity and providing at least $1,000,000 of property damage and personal injury insurance. The applicant and/or blasting company shall be fully responsible for all damage attributable to its blasting operations. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 5; Ord. 00-06 § 5. Formerly 8.25.050].
8.25.100 Bond.
Prior to any blasting, each applicant with an approved permit shall provide to the city a cash performance bond in the amount of $25,000. In the event of any damage to city property, or violation of the blasting permit, city may utilize the bond funds to compensate city for the reasonable amount of damages. City shall not utilize the bond funds to pay for damage claims of third parties, but city may retain such bond funds until any third-party complaints related to the blasting are resolved by the applicant. The city engineer may waive or reduce the bond requirement in conjunction with city improvement projects, or if the city engineer determines the proposed blasting is not likely to have any detrimental impacts due to the location or size of the blasting. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 6; Ord. 00-06 § 6. Formerly 8.25.060].
8.25.110 Utility notification.
(IFC Section 3307.5.) Whenever blasting is being conducted in the vicinity of utility lines or rights-of-way, the blaster shall notify the appropriate representatives of the utilities at least 24 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notices shall be confirmed with written notice. [Ord. O-23-2017 § 2 (Exh. A); Ord. O-30-2006 § 8; Ord. 00-06 § 8. Formerly 8.25.080].
8.25.120 Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $1,000 per violation and imprisonment for a period not to exceed six months. [Ord. O-23-2017 § 2 (Exh. A)].
8.25.130 Appeals.
Aggrieved parties may appeal the decision of the city engineer to the city council. Appeals shall be filed by a written statement submitted to the city recorder within five days of the issuance or denial of the permit, and shall detail the grounds upon which the aggrieved party is appealing the decision. The appeal shall be subject to the standards and requirements in EMMC 16.05.210. Aggrieved parties may appeal the decision of the city council pursuant to EMMC 8.25.080(B) by filing an appeal with the district court within 10 days of a final decision by the city council. [Ord. O-12-2019 § 2 (Exh. A)].