§ 111.03  BLASTING OPERATIONS REQUIREMENTS.
   The following blasting operations requirements are established by this chapter:
   (A)   The blasting of explosives in the vicinity of any public highway, stream of water, dwelling house, public building, school, church, commercial or institutional building, pipeline or utility within  the city limits shall be done in accordance with the Kentucky Revised Statutes, Kentucky Administrative Regulations promulgated by the Department of Mines and Minerals of the Commonwealth of Kentucky and this chapter.
   (B)   The city by and through the codes enforcement officer and pursuant to its blasting permit procedure of § 111.04 may require that the blaster acquire from the Department of Mines and Minerals an approved blasting plan.
   (C)   In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of the ground motion in any direction shall not exceed two inches per second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building and the particle velocity at such location immediately after a period of one second following the peak particle velocity produced by any charge shall not continuously exceed one-half inch per second.
   (D)   Blasting operations without instrumentation will be considered as being within the limits set forth in this division if such blasting operations are conducted in accordance with rules and regulations of the Department of Mines and Minerals of the Commonwealth of Kentucky establishing the maximum amount of explosives to be used in a single charge and in a single subcharge within specified distances from any location provided by division (A).  No more than 40,000 pounds of explosives may be used in any charge except with the approval of the Commissioner of the Department of Mines and Minerals of the Commonwealth of Kentucky.  Regulations promulgated by the Department of Mines and Minerals of the Commonwealth of Kentucky pursuant to this division shall be in such terms that compliance therewith will assure compliance with the provisions of division (C).
   (E)   No two consecutive subcharges containing the maximum permitted by the Department of Mines and Minerals of the Commonwealth of Kentucky pursuant to this division shall have a detonation time separated by less than eight milliseconds, except that if the amount of explosive used in any subcharge is less than maximum permitted by the Department of Mines and Minerals of the Commonwealth of Kentucky pursuant to division (D), the time delay between detonation times may be decreased in the same ratio.
   (F)   Any blasting operation may be conducted without reference to any maximum amount or period provided by or pursuant to division (D) if the operator of such blasting operation demonstrates by instrumentation that maximum particle velocity of the ground motion in any direction does not exceed the limits provided in division (C).
   (G)   Instruments for determining particle velocity as set forth in this division shall be limited to such specific types of devices as shall have been expressly approved by the Department of Mines and Minerals of the Commonwealth of Kentucky and the Commissioner of the Department of Mines and Minerals of the Commonwealth of Kentucky or his duly authorized agent may enter upon any premises for the purpose of conducting or supervising any necessary instrumentation provided herein by KRS 351.315 to 351.375.
   (H)   When blasting operations are contemplated which would result in ground vibrations that would have a particle velocity in any direction in excess of two inches per second within the city limits at the immediate location of any dwelling house, public building, school, church, commercial or institutional building, blasting operations may proceed after receiving written consent from the property owner or owners affected.
   (I)   When blasting operations, within the city limits, other than those conducted at a fixed site as part of any industry or business operated at such site, are to be conducted within the vicinity of a pipeline or public utility, the blaster or person in charge of the blasting operations shall take due precautionary measures for the protection of the pipeline or utility, and shall give adequate notice to the owner or his agent that such blasting operations are intended.  The blaster shall be subject to regulations promulgated by the Department of Mines and Minerals of the Commonwealth of Kentucky concerning such a blasting operation.
   (J)   Blasting operations near streams shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any stream without first obtaining a permit from the Department of Mines and Minerals of the Commonwealth of Kentucky which has been approved by the Division of Water in the Department for Natural Resources and Environmental Protection.
   (K)   Blasting operations within the city limits shall not be conducted within 800 feet of any public highway, unless due precautionary measures are taken to safeguard the public.
   (L)   Mudcapping of blasting operations shall be permitted only where it would endanger the safety of the workers to drill the rock or material to be blasted.  If mudcapping is necessary, no more than 10 pounds of explosives shall be used for each charge.
   (M)    When the use of detonating cord would cause severe air blast the Department of Mines and Minerals of the Commonwealth of Kentucky may cause all trunk lines to be covered by five to six inches of loose earth.
   (N)   In blasting operations within the city limits flying rock shall not be allowed to fall greater than one-half the distance between the blast and a dwelling house, public building, school, church, commercial or institutional building.  Protective material shall be used to insure this limit.
   (O)   When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place, and care shall be taken to ascertain that all persons are in the clear.  Each operator shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area.  The operator shall inform all employees at the operation as to the established procedure.
   (P)   No person shall use explosives in such manner that safety to persons or property is threatened.
   (Q)   The two inch per second maximum peak particle velocity as specified in divisions (C) and (H) of this section shall be construed as the threshold below which blasting damage is unlikely to occur.
(Ord. 90-42, passed 12-4-90)  Penalty, see § 111.99