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Home My WebLink About1996-03-25 96-160 ORDINANCECOUNCIL ACTION Item No. 96-160 Date March 25. 1996 Item/Subject: Amending Chapter vii, Article 5 of the Laws and Ordinances of the City of Bangor -- Injurious Practices Responsible Department: Engineering It has become apparent that our current blasting ordinance, which dates back to 1966, should be updated. The revised ordinance makes reference to compliance with all applicable local', state and federal regulations. Since there are a number of different types of projects (residential construction, utility construction, large developments, quarry or mining activities, etc.) that could require blasting, and different sets of existing regulations which may apply to each type, it makes more sense to refer to such regulations rather than to try to write lengthy provisions into a ordinance that would apply to all cases. This is the same approach that the City. uses with respect to building construction - i.e., conformance with BOCA Building Code, National Electric Code, etc. The proposed revision also would allow imposing more stringent requirements if deemed appropriate. The revised ised ordinance also sets hours for blasting and a fee Schedule.This has been reviewed and approved by the Municipal Operations Commitee. For your information, the revised Blasting Permit is ached. (�`'�J epartment Head Manager's Comments: 'ty Manager Associated Information: Blasting Permit Budget Approval: Finance Director Legal Approval: /(Eity 6olic' c Introduced For lY� Passage x First Reading Referral Page 1 of 6 96-160 Ae®pmd to Commahm Leen March 25, 1996 CITY OF BANGOR (mL,) (DrbfiUVW, . Amending Chapter vii, Article 5 of the Laws and Ordinances of the City ofBangor -- Injuriourl Practices Bell ordaired W W CNY CoaNdt M W LVb O£BOI,pM, u(Nkwe: (1) THAT Chapter VII, Article 5 of the Laws and Ordinances of the City of Bangor be amended by deleting Section 3 in its entirety and replacing it with the following: Sec. 3 Blastina. No person shall undertake any blasting activities using explosives within the City of Bangor without first obtaining a Blasting Permit from the City Engineer. The remedy of any person injured by blasting activity shall not be affected by this Section. 3.1 Written Permit Reunited. The City Engineer shall devise a Permit form which shall include, at a minimum, the following information: location of blasting activity, purpose for which blasting is necessary, starting date of blasting, duration of blasting activity, n address and telephone number of blaster, plus any other information deemed necessary by the City Engineer. 1 - 3.2 Blaster Qualifications. Blasting shall only be performed by fully qualified blasters experienced in blasting procedures and knowledgeable in all applicable blasting regulations and blasters shall submit any and all information requested by the City Engineer to satisfy this requirement. IN CITY COUNCIL March 25, 1996 96-160 Don Shields, resident. ORDINANCE requested that the entire Ordinance be read. Sohn Cummings, resident, felt ( TITU,) Amending Chapter VII Article 5 r that the current Blasting of the Lawe end Ordinances of the City Regulations were enforced of Bangor - Injurious Practices. in the St. Joseph's t situation. Charles Weeks, V.P. H.E.(%n Sargent, said a decision has been reached to cease blasting e:®ned to operations at the St. Joseph site 6 will investigate all claims of damage. fry, I inID Jim Ring. City Engineer. read letter from St. Joseph's Hospital that was being mailed to neighborhood residents. First Reading Referred to No ipal Operations ea ITY CLEM IN CITY COUNCIL April 8, 1996 Passed Vote: 8 yes, 1 absent Councilors voting yes: Baldacci. Blanchette, Frankel, Popper, Soucy, Sullivan, Tyler 6 Woodcock Councilor abs C Leen qIr- ITY CLE 96-160 BLASTING PERMIT (hereinafter -BLASTER") is hereby granted permission to conduct blasting activity for a period of days commencing in accordance with the laws and Ordinances of the City of Bangor. BLASTER agrees to abide by the requirements of the Laws and Ordinances of the City of Bangor, and the terms and conditions of this permit. BLASTER agrees to obtain and maintain general liability insurance in an amount to be approved by the City Engineer and shall provide the City of Bangorwithproof thereof. BLASTER shall notify the City of Bangor in writing as soon as practicable of any claim, demand or action arising out of the blasting activity and to cooperate with the City of Bangor in the investigation and defense thereof. BLASTER shall defend, indemnify, save and hold harmless the City of Bangor from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents, invitees, or employees of BLASTER, by reason of death or injury to persons, or loss or damage to property resulting from the blasting activity underthis permit or as a result o. anything done or omitted by BLASTER. BLASTER expressly agrees that it will defend, indemnify, save and hold harmless the City of Bangor from any and all claims made or asserted by the blasting activity under this permit. For this purpose, BLASTER expressly waives any and all immunity it may have under the Maine Workers' Compensation Act in regard to such claims made or asserted by BLASTER's agents, servants or employees. The indemnification provided under this permit shall extend to and include any and all 96-160 costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims, including but not limited to, the City of Bangor's cost for attorneys fees, expert and other witness fees, the cost of investigators and payment in full of any judgments rendered in favor of BLASTER's agents, servants or employees against the City of Bangor in regard to claims made or asserted by such agents, servants or employees. BLASTER shall notify all parties required by any applicable local, state and federal ordinance, law or regulation of the blasting activity. _ Location of blasting activity: Purpose of blasting: Name, address S telephone number of BLASTER: Other Conditions: BLASTER by its signature hereby acknowledges andacceptsthe - terms and conditions of this permit. Name: Company: CITY ENGINEER Permit fee paid $ 96-160 -2- 3.3 Blasting Limited to Daylight Hours:Blasting activity shall only be conducted during daylight hours, provided that, however, it shall not commence earlier than 7:00 a.m. nor continue later than 7:00 p.m. on any given day, except that detonation of blasting explosives shall be conducted only during daylight hours provided that, however, it shall be no earlier than 8:00 a.m. nor later than 6:00 p.m.,. 3.4 Regulations. The blaster shall comply with all local, state, and federal ordinances, laws and regulations and conditions of the Blasting permit. The City Engineer may, at his discretion, impose additional and/or more stringent conditions. The blaster shall notify the City Engineer within twenty-four hours of any violation or a failure to comply with all local, state and federal ordinances, laws and regulations or the Blasting Permit. Said notice shall specify the nature of the violation or failure to comply and steps taken by the blaster to correct said violation or failure to comply. 3.5 insurance. The blaster shall obtain and maintain general liability insurance in an amount to be approved by the City Engineer and shall provide the City of Bangor with proof thereof. 3.6 Permit Fee. The blaster shall pay to the City a permit fee of Twenty-five Dollars ($25.00) for a permit not to exceed five days, .Fifty Dollars ($50.00) for a permit not to exceed thirty days, and One Hundred Dollars ($100.00) for a permit in excess of thirty days. 3.7 Revocation of permit. Upon violation of any provision of this ordinance the City engineer shall have the right to revoke the Blasting permit without notice. 3.8 Pence. Any person in violation of any provision of Sections 3 through 3.6 shall be subject to a fine of One Thousand Dollars ($1,000.00) for each offense. 96-160 -3- and be it further ordained, (2) THAT Chapter VII, Article 5, Section 24 be Amended to read as follows: Sec. 24 Pence. Any person adjudged to have violated any provision of Sections 3-thxeugh 23 1. 2. and 4 through 23 of this article shall be punished by a fine not exceeding One Thousand ($1,000) Dollars for each offense. IP