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(a) Every person using explosives within the corporate limits shall comply with the regulations herein established and in addition, with the provisions of both applicable State and Federal law, as well as the Fire Prevention Code of the National Fire Protection Association in the use of such explosives including their storage, transportation and safety practices. All such persons shall use every reasonable precaution to provide for the safety of all employees on the job and such other persons who may be regularly entitled to be upon or near the explosive or dangerous ordnance site, as well as to provide for the safety of the general public. Every employee shall observe the provisions hereof and no persons shall use explosives or dangerous ordnance for blasting purposes in a manner contrary to the provisions of this chapter.
(b) Upon application to the Fire Chief and upon payment of the fees specified in this section, a temporary permit shall be issued to qualified applicants to acquire, possess, carry or use an explosive device or dangerous ordnance, for the following purposes:
(1) Contractors, wreckers, quarrymen, mine operators, landfill operators and other persons regularly employing explosives in the course of a legitimate business, with respect to explosives and explosive devices acquired, possessed, carried, or used in the course of such business;
(2) Farmers, with respect to explosives and explosive devices acquired, possessed, carried, or used for agricultural purposes as defined in Ohio R.C. 3743.01;
(3) Scientists, engineers and instructors, with respect to dangerous ordnance acquired, possessed, carried or used in the course of bona fide research or instruction;
(4) Financial institution and armored car company guards, with respect to automatic firearms lawfully acquired, possessed, carried or used by any person while acting within the scope of his duties;
(5) In the discretion of the Fire Chief or any reasonable person, with respect to dangerous ordnance lawfully acquired, possessed, carried or used for a legitimate research, scientific, educational, industrial or other proper purpose;
(6) Application for a license or temporary permit under this section shall be in writing under oath to the Fire Chief.
(c) The application fee for a one time temporary permit is twenty-five dollars ($25.00). (Ord. 1987-26. Passed 5-18-87.)
(a) No person, firm or corporation acting as a contractor or blaster shall use and detonate explosives unless he is in possession of a valid City of Brooklyn temporary permit to use explosives or dangerous ordnance for blasting purposes and unless the requirements of this chapter have been observed and every reasonable precaution, including compliance with Ohio Revised Code, is taken to prevent accidents, damage to property or unreasonable disturbance. The blaster, the owner, the lessee, a contractor and a subcontractor whose work involves the use of explosives or dangerous ordnance shall comply with all these rules and regulations and none shall be saved harmless herefrom because of the errors of the other.
(b) The City temporary permit shall be obtained from the Fire Chief and shall be issued at least forty-eight hours in advance of the commencement of blasting operations. In addition, a deposit fee at a per diem rate not to exceed four hundred and fifty dollars ($450.00) shall be paid, per day, before issuance of the City temporary permit. Such deposit fee shall be used to pay for the services of the hereinafter appointed City Seismologist. Any part of such deposit fee unexpended in payments of services of such City Seismologist shall be refunded to the permittee. Prior to the issuance of any permit, the applicant shall file a "Notice of Intention to Blast" with the Fire Chief at least seven days prior to the commencement of such operations; however, no permit shall be issued at this time.
(Ord. 1987-26. Passed 5-18-87.)
(a) There hereby is established the Office of the City Seismologist, Dr. Edward J. Walter & Associates, Vibration Consultants, who shall be appointed by the Mayor.
(b) No person, firm or corporation shall detonate explosives within the corporate limits, without arranging and having present the City Seismologist or his authorized representative, at each and every blast to record the same as hereinafter more fully provided.
(c) The City Seismologist shall record the following data:
(1) Identification of instrument used.
(2) Name of observer.
(3) Name of interpreter.
(4) Distance of recording station from area of detonation.
(5) Recording station or location in structure.
(6) Maximum amplitudes for all components measured.
(7) Frequency of ground motion in cycles per second, if applicable.
(8) Maximum particle velocity for all components measured.
(9) Maximum sound pressure level.
(d) Written notice of the exact time and place of the use of explosives shall be given to both the Fire Chief and City Seismologist at least forty-eight hours shall be required before such explosion shall be detonated. It shall be the duty of the City Seismologist to attend all such detonations on the date and at the time and place, when requested, if at all possible, and to notify the permittee of any alternative date and time in the event the same is necessary to be rescheduled. The City Seismologist shall issue written reports on each and every blasting event to the Fire Chief and to comment upon compliance with regulations and standards herein established. The City Seismologist shall have such other duties and responsibilities as shall be assigned to him by the Fire Chief and he shall be paid from the per diem deposit fee herein required. The Director of Finance is hereby authorized and directed to cause payment to be made to the City Seismologist from the deposits upon the presentation of invoices therefor, chargeable to the respective deposit to which the invoice is applicable and upon the approval of such invoices by the Fire Chief.
(e) Postponement of a blast for good cause, approved by the Fire Chief, shall not require an additional permit.
(Ord. 1987-26. Passed 5-18-87.)
(a) Blasting operations shall be so conducted that ground vibrations measured at the nearest structure or building, neither quarry nor contractor owned or leased, except high-tension lines, supporting towers and appurtenances, do not exceed a peak article velocity of two inches per second or its equivalent on any of the three mutually perpendicular planes of motion, i.e., vertical, longitudinal or transverse, and noise levels do not exceed a sound pressure level of 130 dB peak. No blasting operation shall be permitted adjacent to any structure which the Fire Chief or City Seismologist may deem hazardous.
(1) A record of the seismic wave pattern shall be kept for a minimum of three years after project completion by the City Seismologist and the same shall be filed in the permanent records of this City.
(2) No blasting shall be permitted unless the City Seismologist is present.
(3) When the characteristics or environment of any specific blasting event have been determined to be extraordinarily hazardous by the City Seismologist and Fire Chief, additional safety precautions may be lawfully required.
(b) The permittee shall be advised of the nature of such extraordinary hazard and instructed as to what specific additional safety requirements are required.
(Ord. 1987-26. Passed 5-18-87.)
(a) A record of each explosive event shall be kept by the contractor or blaster upon forms furnished by the City, a copy of which shall be filed with the Fire Chief, which shall include the following:
(1) Name of company.
(2) Blast location.
(3) Date and time of blast.
(4) Number of holes, diameter of holes, depth of holes, spacings and burdens, delay intervals, total weight of explosives, maximum weight of explosives fired per day.
(5) Distance and direction to nearest structure neither owned or leased by person, firm or corporation conducting blastings, except high-tension lines, supporting towers and appurtenances.
(6) Name and signature of firm or individual conducting blasting.
(7) Weather conditions.
(b) Such log shall be filed with the Fire Chief or City Seismologist within twenty-four hours after each blasting event, or prior to next explosive event if same occurs prior to the expiration of twenty-four hours.
(Ord. 1987-26. Passed 5-18-87.)
(a) The application for a temporary permit shall contain the following information:
(1) The name, age, address, occupation and business address of the applicant if he is a natural person, or the name, address, and principal place of business of the applicant, if the applicant is a corporation.
(2) A description of the dangerous ordnance for which a permit is requested.
(3) A description of the place or places where and the manner in which the dangerous ordnance is to be kept, carried, and used.
(4) A statement of the purposes for which the dangerous ordnance is to be acquired, possessed, carried or used.
(5) Such other information as the Fire Chief may require in giving effect to this chapter.
(b) Upon investigation, the Fire Chief shall issue a temporary permit only if all of the following apply:
(1) The applicant is not otherwise prohibited by law from acquiring, having, carrying or using dangerous ordnance;
(2) The applicant is age eighteen or over, if he is a natural person; and if the application is for explosives only;
(3) It appears that the applicant has sufficient competence to safely acquire, possess, carry or use the dangerous ordnance, and that proper precautions will be taken to protect the security of the dangerous ordnance and insure the safety of persons and property;
(4) It appears that the dangerous ordnance will be lawfully acquired, possessed, carried and used by the applicant for a legitimate purpose.
(Ord. 1987-26. Passed 5-18-87.)
No blasting operations shall be conducted within the corporate limits except on weekdays, which are not otherwise legal holidays or Sundays, and only then between the hours of 8:00 a.m. and 4:30 p.m., provided, however, that in the event of the City Seismologist and the Fire Chief agree that an emergency situation exists, such hours and times of blasting may be specifically varied to counteract such emergency.
(Ord. 1987-26. Passed 5-18-87.)
No blasting operation shall be permitted within 150 feet of any dwelling, building, school, church, theater or any structure which the Fire Chief or City Seismologist may deem hazardous. No blasting operation shall be permitted near underground utility lines, nor water, gas, power, telephone or sewer lines.
(Ord. 1969-5. Passed 2-10-69.)
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