(A) Licensing. When blasting is required to excavate rock, the contractor(s) shall comply fully with the provisions of the laws and regulations governing explosives and blasting, as ordained and issued by the state under the provisions of the I.C. 22-10-6 et seq., to include, but not be limited to obtaining the necessary permits from the state and ensuring operations personnel are duly licensed by the state.
(B) Notification.
(1) No less than two weeks prior to any blasting, a pre-blast survey of potentially affected homeowners and properties shall be conducted by the contractor(s) or his or her agent.
(2) The general contractor shall provide the Building Commissioner with the name of the agency and person(s) who will be performing the survey. The Building Commissioner shall provide the person(s) performing the pre-blast survey an original letter of introduction to identify him or her to the residents. No copies of the letter shall be permitted. The pre-blast survey shall be completed not less than five days prior to the beginning of blasting.
(3) Property owners/tenants living within 1,000 feet of the parcel property line in any direction in which the blasting is being performed shall be notified of the upcoming blasting scheduled, to include the beginning date, the proposed ending date, and any specifics on the time of day blasting will occur by the contractor or his or her agent. The affected property owners will be instructed by the contractor to only accept an original letter of introduction on the town’s letterhead. The contractor shall furnish to the town, upon request, all photographs taken and reports made during the pre-blast and post-blast surveys, without any additional cost to the town.
(C) Insurance. No blasting shall be done unless proper insurance has been secured and is in force, with proof of insurance provided to the Building Commissioner. Except with written permission of the Building Commissioner, no blasting will be permitted during the hours of darkness nor any time on Sundays.
(D) Preventive procedures. During blasting operations, every precaution shall be used for the protection of persons and private and public property. Each blast shall be well covered with mats and other suitable means to confine the rock fragments. Only the minimum amounts of explosives shall be used to shatter the rock. The contractor shall monitor the blasts to ensure that excessive charges are not being used. The debris from the blasting operations shall be disposed of properly, in accordance with state regulations and standards.
(E) Disputes.
(1) Nothing in this section shall be construed to imply or infer that the town has any responsibilities for reparations should damage occur as a result of any blasting.
(2) Any damage allegations are a conflict between the property owner alleging damage and the contractor, and/or their respective insurance companies.
(3) This section is purely a requirement for due notification of pending explosive work.
(F) Style and form of notice. The letter from the general contractor to the affected citizens shall include, but not be limited to, the following information:
(1) Dates blasting is scheduled to occur;
(2) Hours of blasting;
(3) Notice to residents that they need to document the existing condition of their property prior to blasting beginning (e.g., photographs); and
(4) The name and address of the general contractor, the blasting contractor, the supervisors of the blasting, insurance companies insuring the blasting, and attorneys for the general contractor.
(Ord. G-05-34, passed 11-17-2005; Ord. G-11-02, passed - -) Penalty, see § 151.999