§ 12-38. Permitting, Licensing and Consumer Protection Division to issue blasting, demolition implosion, and storage permits; requirements for permit.
(a)
Such permits shall be issued only after:
(1)
Payment of a fee as established by the Board of County Commissioners of Broward County;
(2)
The filing of an application on a form prescribed by the director of the Division, signed and sworn to by the applicant showing the applicant's name and address; that the applicant holds a valid state license, if applicable, and license required by this article and section 12-17 of this article; the location or locations where such blasting or storage is to be performed; that blasting or storage at such location is authorized or permitted pursuant to County or municipal zoning regulations; and, for blasting permits, the distance between the location of the proposed blasting and any improved property, and that the applicant submits to the jurisdiction of the hearing officer established pursuant to the provisions of this article for determination of damage claims arising from blasting operations conducted under the permit;
(3)
Submission of satisfactory evidence to demonstrate that the applicant has obtained insurance in an amount not less than one hundred thousand dollars ($100,000.00) per person, up to five hundred thousand dollars ($500,000.00) per occurrence, and in an amount of at least five million dollars ($5,000,000.00) against any liability arising from any activity or operation incidental to the operation. The insurance policy must be issued in the name of the applicant;
(4)
For blasting permits, the following shall also be required:
a.
Submittal of a cash bond or letter of credit in a form acceptable to the Division and the County Attorney's Office in the minimum amount of twenty-five thousand dollars ($25,000.00). The security must be endorsed to provide the Division with thirty (30) days notice of cancellation and/or restriction. The balance on the security must remain at a minimum of twenty-five thousand dollars ($25,000.00) during the term of the security. If, at any time during its term, the security is reduced to an amount below twenty-five thousand dollars ($25,000.00), including a reduction pursuant to subsection 12-44(e), the Division shall immediately suspend the blasting permit until such time as the security amount equals or exceeds twenty-five thousand dollars ($25,000.00). The security shall not be released until the latter of sixty-one (61) days after the applicant's blasting permit expires or until all complaints against the applicant filed with the Division, and subsequent appeals, are finalized and the appeal period lapses;
b.
Compliance with the notice and inspection provisions set forth in sections (c) and (d) below; and
c.
Participation by the applicant and the seismologist of record in a pre-blast conference with the director of the Division, or designee, in which the applicant shall demonstrate the hardship which necessitates blasting. The applicant shall present engineering data including but not limited to: Test boring—Depth, density, and strata of the underlying soils, accompanied by an engineer's evaluation of the data in relation to the American Society of Testing of Material (ASTM) D 1586 Standards of Hardness, location of project, preliminary blasting design, size of lakes, estimated fill to be removed, and the established time of completion.
(5)
Any other pertinent and reasonable information deemed by such director to be necessary for the issuance of such permit.
(b)
The issuance of a blasting permit shall not authorize blasting in any area or location where the same is prohibited by any zoning regulations or other law, and shall be limited to the location designated in the application; however, if the amount of explosives to be used at any one time, whether fired or detonated as a single charge or by delay series, does not exceed the total explosive power or capacity of two (2) pounds of forty (40) percent dynamite, the director, or designee, is authorized to issue a blasting permit for the use of such amount of explosives without the same being limited to a particular location. The firing, detonating, or exploding of any quantity of explosives on or against a boulder, rock, strata, stump, tree, or other object on the ground surface, or in the open air and not confined in a bore, hole, or any blasting commonly referred to as mud-capping or adobe blasting, is prohibited unless, upon application and the payment of the required fee, a person is granted a special permit for each and every location where such blasting is to be performed.
(c)
Pre-blast inspections.
(1)
Prior to receiving a blasting permit, a list of all pre-blast inspections performed shall be provided to the Division. Pre-blast inspections are required for structures if either or both of the following conditions have been satisfied:
a.
The calculated scaled distance of the structure is one hundred fifty (150) feet or less from the pending blast, as determined by using the following formula:
Scaled Distance = D W 1/2 This ratio is used to predict ground vibrations and is equal to the distance "D" from the blast to the point of concern divided by the square foot of the charge weight "W" of explosive delay; and/or
b.
The structure is within two thousand (2,000) feet of the pending blast.
(2)
Pre-blast inspections shall consist of complete documentation of the visible interior and exterior defects observed at the structure. The format shall be such that the overall location of the defects may be identified in relation to the surrounding structure. The defects, as observed, shall be photographed in detail so that the location may be determined at a later date. Reporting shall be made in a format of 8½ by 11 or 8½ by 14 inch paper to accommodate copying. Interior cracks and defects may be indicated on a diagramed report. Photographs of the structure and appurtenances showing defects shall be produced as either individual photographs or, at a minimum, contact prints. Interior and exterior photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken.
(3)
The blaster of record must offer to inspect all structures within the pre-blast notice area prior to the permit being issued. The blaster of record, or designee, shall also communicate with the developers or builders in the area to inspect any structures being erected or in existence. All inspection reports, documents, and photographs, including negatives or contact prints, must be retained by the blaster of record, or designee, for a period of three (3) years from the date the blasting permit expires.
(4)
The director of the Division, or designee, may grant an exemption from the pre-blast inspection requirements of this subsection for demolition implosions, as said term is defined in this article.
(d)
Pre-blast notifications.
(1)
When pre-blast inspections are required, the applicant shall notify residents, as provided in this subsection, who have not received a pre-blast inspection of the pending blast at least ten (10) days prior to the commencement of the blasting.
(2)
Notifications shall be distributed to all properties with a minimum distance of one-half (½) mile from the excavation perimeter or, where the notification radius is in excess of the minimum, notifications shall be distributed to those structures within a radius calculated for a scaled distance of 150 feet, plus an additional 50%. For demolition implosions, notification shall be provided in accordance with the distances set forth above, as measured from the perimeter of the structure to be demolished.
(3)
Notice shall be effected in either of the following methods:
a.
Providing a written brochure, its contents pre-approved by the Division, that shall explain the blasting which will take place; its effect on the resident; if pre-blast inspections are required, their ability to obtain a pre-blast inspection; and the procedure for making damage claims, as set forth in section 12-42. The brochure shall be mailed or placed on the front door of each individual residence within the notification area, no less than ten (10) days prior to the commencement of blasting.
b.
Conducting a pre-blast meeting, no less than ten (10) days prior to the commencement of blasting, for all residents within the notification area. At the pre-blast meeting, the applicant, or designee, shall explain the blasting which will take place, its effects on the residents, their ability to obtain a pre-blast inspection, if pre-blast inspections are required, and the procedure for making damage claims, as set forth in section 12-42.
(4)
If blasting is suspended in an area for a period of ninety (90) days or longer, re-notification of all residents shall be accomplished at least five (5) days prior to the commencement of blasting.
(5)
In order to determine compliance with these regulations, the Division, with the seismologist of record, shall review the written inspection reports and the photographs at the pre-blast meeting or prior to the issuance of the permit. The seismologist of record shall provide the Division with a formal reporting of those structures inspected. Copies of the photographs and written inspection reports shall be maintained by the seismologist of record for a period of three (3) years from the date the blasting permit expires and shall be available for review by the Division, upon request.
(6)
At least ten (10) days prior to the commencement of blasting activity, signs shall be placed on the blasting site stating that blasting will occur and that further information may be obtained by calling a Broward County telephone line identified on the sign. The exact number, placement, and size of the signs will be determined by the Division.
(7)
At least five (5) days prior to the commencement of blasting operations, applicants shall provide all residents within one thousand (1,000) feet of the excavation perimeter or, for demolition implosions, within one thousand (1,000) feet of the perimeter of the structure to be demolished, with a schedule of when blasting will occur. The blasting schedule shall state the date(s) and time windows in which blasting will occur. Time windows shall be limited and determined by the Division and the explosives contractor. The Division shall be provided with a copy of the blasting schedule.
(8)
A copy of the written inspection report shall be provided to the property owner within twenty (20) days of the inspection date.
(e)
All blasting permits shall expire on December 31 of each year. Renewals for permits issued after the effective date of this ordinance shall be subject to the ordinance in effect at the time of renewal.
(Ord. No. 79-63, § 1, 8-15-79; Ord. No. 94-47, § 17, 10-11-94; Ord. No. 96-7, § 9, 3-12-96; Ord. No. 1997-01, § 3, 1-14-97; Ord. No. 2005-07, § 18, 4-12-05; Ord. No. 2008-47, § 1, 11-13-08)