HomeMy WebLinkAboutORD-04-95 Add Ch. 15.34 Require Permit for Explosives for Landform Alteration BlastingORDINANCE NO. 4-
95 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADDING
CHAPTER 15.34 TO THE ORANGE MUNICIPAL
CODE REQUIRING A PERMIT FOR AND
OTHERWISE REGULATING THE USE OF EXPLOSIVES
FOR LANDFORM ALTERATION BLASTING
WITHIN THE
CITY,WHEREAS, the City Council finds that the use of explosives in development
of residential, commercial and industrial properties within the City; a) has caused damage to
nearby property and concern to people residing near the blasting site; and b) has resulted in
citizen complaints concerning sound, vibration and surprise to persons and animals; and c) has resulted
in requests that City Officials and staff intervene in damage claims and disputes between
private parties;
and WHEREAS, the City Council recognizes that City staff resources do not possess
the expertise or manpower necessary to supervise or control the professional actions
oflicensed professional blasting contractors; to assume responsibility for creating or regulating blasting
plans for specific sites; or to direct, supervise or assume responsibility for blasting activities on
private property within the City;
and WHEREAS, the City Council also finds that it is the appropriate role of the City
to require persons using explosives in development to meet minimum standards of notice,
insurance coverage, claims handling and documentation of planned blasting activities and the
pre-blasting physil:al conditions of potentially affected properties, in order to permit affected
citizens to properly prepare themselves, their pets and their homes prior to any blasting activity
and to prevent inordinate and uncompensated expenditure of public funds and staff resources
on citizen complaints related to blasting activities in the City which are the rightful responsibility
of state licensed blasting contractors and the private parties who employ
them; and The City Council of the City of Orange does ordain
as follows:
Section I:A new chapter 15.34 is hereby added to the Orange Municipal Code to read
as follows:15.34.010 Blasting Permit Required. No person shall use or detonate
any explosive materials within the City for the purposes of grading, altering or excavating any real
property, or destroying, altering or removing any landform or any part thereof, unless a
permit ("Blasting Pernut") has first been obtained from the Director of Public Works or his
designee, (
hereinafter Director") .Such permit shall be granted by the Director only upon determining that each
of the conditions for issuance of such permit as set forth in Section 15.34.020 below, and
any other conditions placed upon the proposed development project in any land use
approvals by the City have been met.
The Blasting Permit shall specity the type(s), location(s) date(s) and time(s) of day of
permitted activities thereunder, the maximum size or power of explosive charges to be used in any
one blast and shall be valid only upon the specified dates. The Blasting Permit may specity a
range of dates in lieu of specific dates, but such range shall not extend beyond a period of 60 days
from the date the permit is issued.
15.34.020 Conditions of Blasting Pennit. No Blasting Permit shall be issued unless and
until the following conditions have been fully met:
a) The Applicant has submitted a geotechnical report by a licensed professional
engineer describing the nature, extent and techniques of the blasting proposed, the maximum size
or power of explosive charges to be used in anyone blast, the reasons why blasting (as opposed
to other methods oflandfonn alteration) is recommended, the geological and soils conditions
existing on the proposed blasting site and relevant surrounding properties relevant to an
assessment of the potential impacts of the proposed blasting on surrounding persons, properties,
and structures, and the anticipated concussion, earth movement, acoustic effects and other
impacts of the proposed blasting on any affected persons or properties, in fonn and detail
acceptable to the Director.
b) The Applicant for the Blasting Permit shall provide proof of one or more valid
policies of general and public liability insurance coverage with such carriers as the Director may
reasonably find acceptable and in such amounts as the Director may reasonably require, but in no
event less than $1,000,000 combined single limit. Such insurance shall be maintained throughout
the period of the permit, shall be evidenced by a certificate of insurance in fonn and substance
acceptable to the Director, shall name the City as an additional insured, shall provide that it is
primary and requires no contribution from the City or from the City's insurers, and shall provide
that the coverage shall not be canceled, reduced or modified except after at least thirty (30) days
advance written notice to the City. The coverage required hereby may be provided by a cash
deposit or a corporate surety bond meeting the City's bonding specifications in lieu of insurance.
c) The Applicant shall have, maintain and provide proof of all required state, federal,
county and local licenses and permits necessary for the possession, use, transportation and/or
storage of the explosives to be used in the activities for which a Blasting Permit is sought,
including without limitation permits for transportation, storage and use of the explosives pursuant
to the Orange Municipal Code and the Unifonn Fire Code as adopted by the City.
d) The Applicant shall have established and shall provide to the City a telephone
number dedicated to the purpose of receiving inquiries, complaints and claims related to the
blasting activity to be perfonned under the Permit. Such telephone number shall be answered by
personnel or machine 24 hours per day commencing 10 days prior to the blasting activity. Each
inquiry or claim not answered in person shall be responded to by return telephone call within 24
hours. The Applicant shall keep a record of all calls received and responses given, which shall be
made available for review by the City upon request by the Director.
e) The Applicant shall have paid all fees for all required City permits and the City's
reasonable cost of enforcing this Chapter.
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f) The Director may require further conditions to such permit which he reasonably
determines to be necessary or proper for protection of the public health, safety and general
welfare, and of private and public property. Such conditions may include, but not be limited to
inspections and/or observations by Public Works, Fire Department or other City personnel.
15.34.030 Pre-Blast Reauirements: Notification:
Inspection.No detonation or blasting shall occur unless and until the Permittee shall have
complied with all of the
following:a) All conditions and requirements imposed upon the Blasting
Permit.b) The Permittee has given not less than 10 days written prior notice by
personal service or by first-class, prepaid United States Mail to the occupants, at the address
of the property, and to the owner at the address specified on the last equalized property
assessment roll,of each residential property and the owner and operator of each commercial
and industrial property within a radius of 1500 feet from each blasting site identified in the
application for permit. For purposes of this Chapter, "blasting site" shall mean that point on the surface
of the earth at or directly below which explosives are to be detonated. Such notification shall
include, at a minimum, the name and address of the Applicant for the Blasting Permit, the
type(s),location(s), date(s), and time(s), of the activity or activities for which the permit is
being sought,the dedicated telephone number required bysubsection 15.34.020 (e) above and the right
of the recipient to request and receive the special notification, in such form as the Director
may specify or
find acceptable.c) The Permittee for the Blasting Permit shall post, not less than 10
days before commencing any actual blasting operation, signs not smaller than 48 x 36 inches, each
of which shall set forth at the top the phrase "NOTICE--BLASTING", the dates and
locations of the blasting activity and the phone number for inquiries and claims described in
subsection ( e) above.At such location(s) as the Director shall designate based upon the need for actual
notice to those persons which may be affected by such blasting activity, regardless of distance from
the site. The wording on the sign shall be easily read and in letters at least four (4) inches high.
The design for such signs shall be approved by the Director prior to posting, and the Applicant
shall acquire all necessary encroachment or other permits for the use of the public right of way as
required by the
Orange Municipal Code.d) The Applicant shall provide proof that the Applicant
has photographed or videotaped the exterior of each residential, commercial and industrial
building and other improvements including without limitation, fences, driveways swimming pools and
patios within a five hundred (500) foot radius from any proposed blasting site. The person(
s) photographing or videotaping such structures shall obtain the permission of the owner and/or
tenants, prior to entering upon any private property to conduct such activities. In each
instance where permission is refused, the Applicant shall provide proof of such refusal by a refusal form
signed by the refusing party and specifying that party's interest in the property. In the event
that such signature is also refused, the Applicant shall provide a personal certification of such
refusal, under penalty ofpeIjury, signed by the person to whom the refusal was expressed. The
Applicant shall maintain copies of said photographs or videotape and documentation of any refusals, with
the log referred to in Section 15.
34.030(f).e) The Permittee has attended a Pre-Blast Conference with
Director
or his
designee3
Ord 4-
95
for the purpose of verifYing that all requirements of this chapter are complied with.
t) The Permittee shall establish and maintain a log of all blasting activity which will
show, at a minimum, the time and place of each blast and the seismic readings at the site and at
such other locations as the Director may require from time to time during the period of the
Blasting Pennit. Such readings shall be made by a qualified geologist, geophysicist, or other
qualified professional. During the period of blasting activity and for ninety (90) days thereafter,
the log shall be kept at the Pennittee's construction office on site or such other place within the
City as shall be approved by the Director, and shall be available during normal business hours of
the Pennittee for inspection by the City and by the public upon one business day's notice by phone
or in writing or by FAX transmission. The Pennittee shall provide and keep current, addresses
and telephone numbers for such purposes. The log shall be kept intact and available to the City
and the public for at least three (3) years after the date of the final disposition of all explosives
handled or used under such pennit and as long thereafter as any claims remain unresolved. In the
event that the Pennittee is a business entity and is sold, transferred or dissolved, the officers and
directors and/or partners in such business entity shall be personally responsible to provide for the
preservation of and access to such records in a manner approved by the Director.
g) The Pennittee shall install and use approved blast warning devices in accordance
with Section 1568.5 of the Health & Safety Code.
h) The Pennittee has given not less than 12 nor more than 36 hours advanced
telephone notice of each impending blast to each person who has requested such notice. Such
notice shall be given between the hours of 8 a.m. and 8 p.m. unless otherwise specified by the
notice recipient in his or her request for such notice. Request for such notice shall be in writing
and directed to the Director. The Pennittee shall obtain the list of all persons requesting such
notice from the Director. In the event that the Permittee is unsuccessful in contacting any person
after making not fewer than 3 attempts to do so, with at least an 8 hour period elapsing between
the first and last attempt, the Pennittee shall provide to the Director a declaration under penalty of
perjury documenting such attempts on or before the end of the next business day after the final
attempt to give such notice.
i) The Director has received not less than 24 hours prior written notice of any
detonation or blasting activity.
G) The Pennittee has complied with all other applicable federal, state and local laws,
ordinances and regulations applicable to the ownership, transportation, storage and use of the
explosives.
k) The Pennittee shall maintain the required inquiry and claim telephone number for
not less than 30 days after the conclusion of all blasting activity under the applicable blasting
pennit.
15.34.040 Stop Work Order. Whenever the Director has reason to believe that any
provision of this Chapter, any condition of any Blasting Pennit issued pursuant to this Chapter, or
any applicable provision offederal, state or local laws, rules, ordinances or regulations has not
been complied with or has been violated, the Director may issue a stop work order and the
Pennittee shall immediately cease all blasting and detonation activity until the Director shall issue
Ord 4-95
revocation of the stop work order. The Stop Work Order shall reasonably identify the alleged
failure(s) to comply or alleged violation(s) upon which the Director relies in issuing the Stop
Work Order. Upon presentation of satisfactory proof of compliance, the Director shall issue a
revocation of the Stop Work Order. Failure to comply with the Stop Work Order shall be
considered a violation of a provision of this Chapter.
15.34.050 Revocation ofPencit. Failure to comply with any provision of this Chapter,
any term or condition of any Blasting Pencit issued hereunder shall be grounds for immediate
revocation of any pencit issued under this Chapter.
15.34.060 Compliance with Other Laws. Nothing in this pencit procedure is meant to
conflict with or substitute for any state or federal law, rules or regulations and all permittees shall
fully comply with the requirements of all state and federal laws, rules and regulations, including
without limitation licensing and/or pencitting requirements and state and federal occupational
safety laws and regulations, and with the Uniform Fire Code as adopted and in force within the
City. Failure to do so shall be grounds for denial or revocation of any Blasting Pencit and/or
inspector's approval.
15.34.070 Appeals. A. Filing of Appeal. Any Applicant or Pencittee may file an appeal
of any decision of the Director to deny, suspend or revoke any blasting pencit or to issue or
refuse to revoke any stop work order under this Chapter by filing a notice of appeal with the City
Clerk within 15 calendar days after any such decision. The appeal shall contain the name(s) and
mailing address(es) of the Appellant(s), a brief statement of the decision being appealed, includ-
ing, without limitation, the date of the decision, a description ofthe Appellant's interest in the
property or project, the reasons why it is claimed the Director's decision should be reversed, and a
brief description of the facts, and evidence upon which the Appellant intends to rely in the appeal,
includling without limitation, the names and addresses of witnesses and the matters as to which
each witness is expected to testify. As soon as practicable after receiving a written appeal, the
City Clerk shall set the matter for a hearing before the Board of Appeals described in Subsection
B below. Said hearing shall be set not less than 10 nor more than 30 days from the date the
appeal was filed. The City Clerk shall give not less than 10 days written notice to all Appellants
by personal delivery or by first class United States mail to the mailing address(es) set forth in the
Appeal. Notice shall be deemed given when deposited in the mail, postage prepaid. Any
Appellant may be represented by a representative of his choosing at the hearing.
B. Board of Appeals. All appeals under Subsection A above shall be heard by a
Board of Appeals consisting of not less than 3 members who are qualified by experience and
training in the building grading and/or engineering fields. The Board Members are appointed by
the City Council and hold office at its pleasure. The Board shall adopt rules of procedure for
conducting its business and shall render all decisions in writing to the appellant with copies to the
City Clerk and the Director. The City Attorney or his qualified designee, shall act as legal counsel
to the Board.
15.34.080 Fees and Costs. The fees for a Blasting Pencit and for the reasonable cost of
enforcing this Chapter shall be as set forth in a Resolution of the City Council from time to time.
15.34.090 Violation. Any person violating any provision of this chapter or any term or
condition of any permit or stop work order issued under this chapter, shall be guilty of a misde-
5 Ord 4-
95
meanor, and upon conviction thereof, shall be punishable by a fine of not more than $1000 or by
imprisonment in the county jail, for a period of not more than six months, or by both such fine and
imprisonment.
Section II:
Severability - Should any sentence, section, clause, part or provision of this Ordinance be declared invalid,
the same shall not affect the validity of the Ordinance as a whole or any other part thereof Section
ill:A
summary of this ordinance shall be published and a certified copy of the full text of this Ordinance
shall be posted in the office of the City Clerk at least five (5) days prior to the City Council
meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after its passage in a newspaper of general circulation,published
and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk
a certified copy of the full text of such adopted Ordinance along with the names of those City
Council members voting for and against the ordinance in accordance with Government Code Section
368933. This Ordinance shall take effect thirty (30) days from and after the date of its final
passagl:.ADOPTED
this 14th day of March, 1995.ATTEST:
1{
ayor
of the City of Orange /i..
1/
wul~ Q 1:rM4P~CityClerk0theciifofrangeSTATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certifY that the foregoing
Ordinance was introduced at the regular meeting of the City Council held on the 28th day
of February, 1995, and thereafter at the regular meeting of said City Council duly held on the 14th
day of March, 1995, was duly passed and adopted by the following vote, to wit AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:MURPHY,
BARRERA, MAYOR COONTZ, SPURGEON, SLATER NONE
NONE
NONE
Q /7 ~Ju/
JA-f.frl ~City Clerk of e City 6(0.
OrdNo.4-95 RDH:
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