(A) Timing.
(1) All blasting shall be conducted during daytime hours, between sunrise and sunset; provided, that the Secretary may specify more restrictive time periods based on public requests or other consideration, including the proximity to residential areas.
(2) No blasting shall be conducted on Sunday. Provided, however, the city may grant approval of a request for Sunday blasting if the operator demonstrates to the satisfaction of the Fire Chief and/or a neutral consultant, if necessary, that the blasting is necessary and there has been an opportunity for a public hearing.
(3) Blasting shall not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning, or other atmospheric conditions, or operator or public safety requires unscheduled detonations.
(4) Blasting shall be conducted in such a way so as to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and changes in the course, channel, or availability of surface or groundwater outside the permit area.
(B) Safety precautions.
(1) Three minutes prior to blasting, a warning signal audible to a range of one-half mile from the blast site will be given. This pre-blast warning shall consist of three short warning signals of five seconds duration with five seconds between each signal. One long warning signal of 20 seconds duration shall be the "all clear" signal. Each person in the permit area, and each person who resides or regularly works within one-half mile of the permit area shall be notified of the meaning of these signals;
(2) All approaches to the blast area shall be guarded against unauthorized entry prior to and immediately after blasting; and shall remain guarded until the blaster signals the all clear." The certified blaster shall be accompanied by at least one other person at the time of firing of the blast.
(3) Access to the blast area shall be controlled against the entrance of livestock or unauthorized
personnel during blasting and for a period thereafter until an authorized person has reasonably determined:
(a) That no unusual circumstances exist such as imminent slides or undetonated charges, and the like; and
(b) That access to and travel in or through the area can be safely resumed.
(C) Blast design.
(1) An anticipated blast design shall be submitted if blasting operations will be conducted within:
(a) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or
(b) 500 feet of an active or abandoned underground mine.
(2) The blast design may be presented as part of a permit application or at a time before the blast as approved by the Fire Chief or neutral consultant, as necessary.
(3) The blast design shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures, including protected structures, to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards.
(4) The blast design shall be prepared and signed by a certified blaster.
(5) The Fire Chief or neutral consultant may require changes to the design submitted.
(6) No blasting within 500 feet of an underground mine not totally abandoned shall be permitted except with the concurrence of the Secretary of the Department of Environmental Protection, the operator of the underground mine, the West Virginia Office of Miners Health Safety and Training, and the Mine Safety and Health Administration.
(D) Pre-blast notifications.
(1) At least 30 days prior to commencing blasting, an operator's designee shall notify in writing all owners and occupants of man-made dwellings or structures within a half-mile of the permit area that the operator or operator's designee will perform pre-blast surveys.
(2) The operator shall conduct the pre-blast survey in a manner which will determine the condition of the dwelling or structure, to document any pre-blasting damage and to document other physical factors that could reasonably be affected by the blasting.
(3) Assessments of the pre-blasting condition of structures such as pipes, cables, transmission lines, wells and water systems shall be based on the exterior or ground surface conditions and other available data.
(4) Surveys, waivers or affidavits for each dwelling or structure within the pre-blast survey area shall be completed and signed by the person who conducted the survey. They are to be submitted to the Fire Chief at least 15 days before any blasting may occur: provided, that once all pre-blast surveys have been accepted by the Fire Chief, blasting may commence sooner than 15 days from submittal. Surveys requested more than ten days before the planned initiation of the blasting shall be completed and submitted to the Fire Chief by the operator before the initiation of blasting,
(5) The Fire Chief may review each pre-blast survey as to form and completeness, and notify the operator of any deficiencies. The operator or his or her designee shall correct deficiencies within 30 days from receipt of notice of deficiencies.
(6) After the times the pre-blast survey is accepted by the Fire Chief as true to form and complete, a copy shall be forwarded to the owner of the structure.
(7) Any person who receives a survey who disagrees with the results of the survey may submit a detailed description of the specific areas of disagreement to the Fire Chief. The description of the areas of disagreement will be made a part of the pre-blast survey on file with the Fire Chief.
(8) If a structure is added to or renovated subsequent to a pre-blast survey, a survey of such additions and/or renovation shall be performed upon request of the resident or owner. If a pre-blast survey was waived by the owner and was within the requisite area and the property was sold, the new owner may request a pre-blast survey from the operator. An owner within the requisite area may request, from the operator, a pre-blast survey on structures constructed after the original pre-blast survey.
(9) All pre-blast surveys shall be confidential and only used for evaluating damage claims.
(Ord. 2208, passed 8-7-23)