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HomeMy Public PortalAbout1998_04_14_O005The Town of Leesburg, Virginia PRESENTED April 14, 1998 ORDINANCE NO. 98-0-05 ADOPTED April 14, 1998 AN ORDNANCE: AMENDING THE TOWN CODE TO ADOPT FURTHER REGULATIONS REGARDING BLASTING WHEREAS, the Mayor's Committee on Blasting established on October 8, 1997, met nine times and proposed increased regulations on blasting in Leesburg; and WHEREAS, the town's independent consultant, Edward Walter, reviewed and supported the proposed changes in the Town Code; and WHEREAS, the Town Council held a public hearing on March 24, 1998, to receive input regarding the proposed code amendments; and WHEREAS, the amendments increase notice and public information requirements and bolster current regulations of the blasting industry. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: The attached amendments to the Town Code are hereby adopted effective immediately. Section 7-15. (3) To use explosives or blasting agents. (a) Before any commercial blasting may be performed within town limits, any person or organization intended to perform such work shall apply for and shall receive a permit to do so from the office of the fire marshal. -2- ORDINANCE-REGULATIONS REGARDING BLASTING (t) Blasting permits shall be accompanied by an attachment that provides certain reminders to blasters as deemed necessary by the town from time to time. Section 7-16 Before a permit to doh blasting shall be issued, the applicant for such permit shall file with the fire marshal's office evidence of a current general liability insurance policy, with a minimum limit of $1,000,000.00 combined single limit, including blanket blasting, collapse, and underground damage. Section 7-27 (b) Whenever blasting is to be performed, the wee blast shall notify the Department of Engineering and Public Works 24 hours prior to blasting. Such notice shall include the date and scheduled time blasting will occur, and the duration of blasting activities. (d) Whenever blasting is to be performed, the peree blaster shall notify, by written notice, 2'1 hour:, no later than 15 days prior to blasting, the occupants of all tmiklings structures which are located within the greater dirt „ce of: 300 feet of the blast site, or (2) the distance at which buildings may be at risk to damage as determined by data published by the American Insurance Services Group, Inc., or the Virginia Statewide Fire Prevention Code, as amended, whichever shall contain the more restrictive language, except in an emergency situation which affects the health, safety and welfare of the citizens of the town. In an emergency situation, this time period may be varied after approval by both the Director of Engineering for the town and the fire marshal. This notification shall be done in accordance with the "Town of Leesburg Recommended Blasting Notice to Occupants of Structures within 300 feet of the Blasting Site" and as amended by the town from time to time. (e) Seismographs shall be used for all blasting events occurring within the Town of Leesburg. Where appropriate, seismographs shall be placed beside the closest adjacent structure. The seismographs must be able to measure and store data on peak particle velocity, frequency (for all three directions), and air blast intensity. All resulting records shall be retained by the blasting company for a period no less than five years. A direct velocity recording seismograph capable of recording the continuous wave form of the three mutually perpendicular components of motion, in terms of particle velocity., shall be used and shall have the following characteristics: - - ORDINANCE: REGULATIONS REGARDING BLASTING 1. Each seismograph shall have a frequency response from 2 to 150 Hertz or greater and a velocity range from 00 to 2.0 inches per second or greater and shall adhere to design criteria for portable seismographs outlined in U.S. Bureau of Mines RI 5708. RI 6487. and RI 8506. 2. All field seismographs shall be capable of internal dynamic calibration and shall be calibrated according to the manufacturer's specifications at least once per year. 3. All seismographs shall be operated by competent people trained in their correct use and seismographs records shall be analyzed and interpreted as may be required by the fire marshal. (1) At a atli'nimunt, pre bias survey notices shall be provided to occupants of structures that are situated within ISO feet of the blasting site This pre -blast survey notification shall be done in accordance with the "Town of Leesburg, Recommended Pre -blast Survey Notice to .Occupants,. of Structure withitt :l5t , Feet. of the .Blasting Site:':_::;{ attnf Damage Co►iplaints. i the event of a da ti�� �pli�irit,`'the 1'v:iaudottn' Cotiif}= �ire'Marslii�l' (a) Obtan tlt©wtr atnanl (1) Wile, address, and phone number of the complainants ':.,. (2) Nature and specific l©cation of the alleged damage, and: (3) Date.(s) and tmi a) of thy. blasts) xn uestion. (b) Notify the appropriate blasting company of the complaint. (c) Visit complainant property and meet with the complainant necessary within 48 hours if Upon receiving a damage complaint, unless, upon site review the"Loudoun County Fire Marshaldeems it inappropriate, he shall request pursuant to the Code of Virginia that the blasting company or the geovibration engineering company for the project compile a complete set of blasting data for the timeframe in question. This compilation shall include.ali informationrequired under Virginia law including, but no limited to -4- ORDINANCE-REGULATIONS REGARDING BLASTING (a) Location, date, and time of the blast(s) in question. (b) Seismograph readings (ppv and frequency for each of the 3 directions and the decibel level). (c) Number of holes and depth. (d) Depth to rock. (e) Burden spacing. (I) Stemming (type and amount). (g) Caps and delays. (h) (i) Total explosive weight. Maximum pounds per delay. (j) Circuit type. (k) Blast location relative to the subject property. The contractor is not required to relinquish any internal company documents, though the Loudoun County Fire Marshal retains the right of access to any and all records granted under Virginia law. Blasting records shall be retained for no less than 5 years from the date of the last blast. (Date) (TO BE RELEASED 15 DAYS BEFORE BLASTING BEGINS) TOWN OF LEESBURG RECOMMENDED BLASTING NOTICE TO OCCUPANTS OF STRUCTURES THAT ARE SITUATED WITHIN 300 FEET OF THE BLASTING SITE TO: Occupant FROM: (Company Name) SUBJECT: Notification of Intent to Conduct Blasting Operations in your Neighborhood -5- ORDINANCE - REGULATIONS REGARDING BLASTING BACKGROUND As part of construction/development near your property, (Company Name) will be conducting blasting operations. Blasting can cause ground vibration and air blasts. While blast noise and vibration can be held to nondamaging levels, it is normal for the blasts to be heard and felt, sometimes for considerable distances depending upon the local geology and weather conditions. The human body can sense ground vibrations at levels that are less than 1/100th of that necessary to cause even minor damage to homes. CONTROLS AND PROTECTIVE MEASURES Blasting is a highly regulated industry. As a standard of practice, blasters make every effort to prevent damage to property. Since this work will be conducted in proximity to your building, the blasting crew will make every reasonable effort to minimize disruption to your daily activities. Procedures that will be followed as part of the blasting operations are outlined below. 1. Blasting will be conducted in strict accordance with local, state, and federal laws and regulations. The Loudoun County Fire Marshal is responsible for enforcement of the laws and regulations. 2. Seismographs will be used to monitor all blasts as required by the Town's ordinance. 3. In accordance with the Town ordinance, pre -blast surveys will be conducted for occupied structures within 150 feet of the blasting site to document their visible condition before blasting begins. 4. The following normal procedures will be used prior to every blast in Town: - The site will be checked by the blasting crew to make certain that no one is within the blasting zone and that access to the site is guarded. - An air horn will be used to communicate an imminent blast. Our company's procedure will be as follows: -- (TO BE DESCRIBED BY THE BLASTING COMPANY) 5. All drilling machines will be equipped with dust suppression systems to limit dust generation and associated air pollution. -6- OR.DINANCE: REGULATIONS REGARDING BLASTING You >`'ns, pie do not vR tilikaitiffidifit itioited to the ioudoun County Fu4 Nla shai at 777-0333 ......................................................... .......................................................... -7- ORDINANCE - REGULATIONS REGARDING BLASTING TOWN OF LEESBURG BLASTING PERMIT ATTACHMENT COMMENTS: (X) Call 777-0637 prior to all blasting with specific site information and permit number. (X) At a minimum, notice of blasting shall be distributed to all occupants of structures within 300 feet of the site. (X) At a minimum, pre -blast survey notices shall be distributed to occupants of all structures within 150 feet of the blast site. (X) Post blasting signs on the street. (X) Sound pre -blast and all clear warnings. (X) If utilities are present in the blast area, notify the utility company. (X) Remove all non -authorized personnel and vehicles prior to blast. (X) Airblast and ground vibration shall be in accordance with relevant standards. (X) Mats and/or sufficient cover material shall be used. (X) Seismograph readings shall be taken on all shots per the Leesburg Town Ordinance. (X) Traffic shall be stopped on the roadway(s) as needed. (X) Powder truck shall be operated only by a Virginia certified blaster. (X) The Blasting Permit shall remain on the job site. (X) All blasting caps shall be covered prior to any blasting. (X) Proper stemming gravel shall be used. (X) For additional information or questions contact the Loudoun County Fire Marshal's office at 777-0333. -8- ORDINANCE - REGULATIONS REGARDING BLASTING (Date) (TO BE RELEASED 15 DAYS BEFORE BLASTING BEGINS) TOWN OF LEESBURG RECOMMENDED PRE -BLAST SURVEY NOTICE TO OCCUPANTS OF STRUCTURES THAT ARE SITUATED WITHIN 150 FEET OF THE BLASTING SITE TO: Occupant FROM: (Person's Name, Company Name) SUBJECT: Pre -blast Survey Notification As part of construction/development near your property, (Company Name) will be conducting blasting operations. In accordance with the Leesburg's ordinance, (Company Name) will be performing pre - blast inspections of occupied structures within 150 feet of the blasting site. This inspection will be done at NO COST to you and we respectfully request your permission and your accompaniment at the time of the inspection. Pre -blast surveys are performed to document the visible condition of the occupied structure before blasting begins to provide a basis for discussion and resolution of any claims that are alleged to have been caused by blasting operations. It is to your benefit to walk with the inspector to see what existing defects (e.g., cracks in drywall or cracks in foundations) are recorded by the inspector. Please take a look at your building/home before the inspection to help familiarize yourself with the condition of your building/home. Also, please be prepared to devote your undivided attention to the inspection. This will enable you to receive the best inspection possible. (Company Name) will be contacting you in the near future to arrange for a meeting at your convenience. Please call me at (Phone number) to provide with your name, house number, and a telephone number at which you can be reached to schedule an inspection. If you have any questions or concerns, please feel free to discuss them with the pre -blast survey inspector or call me at (Phone Number). Fire Marshal Phone No. 777-0333 Town Manager's Phone No. 777-2420 -9- ORDINANCE - REGULATIONS REGARDING BLASTING TO: TOWN OF LEESBURG BLASTING SITE COMPLAINT REQUEST FOR DATA (Name) (Company Name) (Street Address) (City, State, ZipCode) The Loudoun County Fire Marshal's Office has received a blasting damage complaint from (property address) in relation to blasting work being conducted at the (Name of the project) site. Per the Virginia Statewide Fire Prevention Code and the Town of Leesburg Fire Prevention Ordinance, a compilation of the information identified on the attached form is requested from your company in relation to the blast(s) occurring in the following timeframe(s) (specify date(s) and time(s) as exactly as possible). You may use the enclosed form or prepare your own document to submit the requested information. Please provide this information to me by (date). The contractor is not required to relinquish any internal company documents, though the Loudoun County Fire Marshal retains the rights of access to any and all records granted under Chapter 30 of the Virginia Statewide Fire Prevention Ordinance. This form will go on file in the Fire Marshal's office and will be subject to all Freedom of Information Act (FOIA) requests. These records shall be retained for no less than five (5) years from the date of the complaint. Any questions should be directed to the Loudoun County Fire Marshal's Office, 16600 Courage Court, Leesburg, VA 20175. Jeff Flippo, Chief Loudoun County Fire Marshal's Office Town Manager's Phone No. 777-2420 -10- ORDINANCE - REGULATIONS REGARDING BLASTING TOWN OF LEESBURG BLASTING COMPLAINT DATA COMPILATION INSTRUCTIONS: Please provide the information identified below for any blasts that took place within the date(s) and time(s) identified in the 'Blasting Complaint Request for Data' letter. Please submit this information to: Loudoun County Fire Marshal's Office 16600 Courage Court Leesburg, VA 20175 ATTENTION: Jeff Flippo NAME OF THE BLASTING COMPANY: LOCATION OF BLAST: (relative to subject property) DATE OF BLAST: TIME OF BLAST: SEISMOGRAPH READINGS: PPV FREQUENCY DECIBELS PPV FREQUENCY DECIBELS PPV FREQUENCY DECIBELS NUMBER OF HOLES: DEPTH OF HOLES: (FT) DEPTH TO ROCK: (FT) BURDEN SPACING: (FT) STEMMING: TYPE AMOUNT CAPS: DELAY: TOTAL EXPLOSIVE UT. MAXIMUM POUNDS PER DELAY: CIRCUIT TYPE: -11- ORDINANCE - REGULATIONS REGARDING BLASTING CITIZEN BLASTING COMPLAINT FORM Date and Time of Complaint: Name of Complainant: Address of Complainant: Telephone Number of Complainant: Subdivision: Nature and specific location of Complaint, and alleged damage: Action Taken (if any): Report taken by: -12- ORDINANCE - REGULATIONS REGARDING BLASTING This ordinance shall be in effect upon its passage. PASSED this 14`h day of April, 1998. es E. Clem, Mayor Town of Leesburg ATTEST: & )11...a.,,c Clerk of Council o:tcblast