§ 12-39. Limitations and conditions.

(a)

The Division shall impose on each permit issued by the Division such limitations and conditions as to:

(1)

The period of time for which it is valid.

(2)

For blasting permits, the amount and type of explosive which may be employed at any one time, whether fired or detonated instantaneously as a single charge or by a delay series charge, as may be deemed reasonable by the Division under conditions existing in the locale for which the permit is issued. The director, or designee, may conduct a series of tests witnessed by neighborhood property owners to determine acceptable limits of vibration.

(3)

For storage permits, the amount and type of explosives which may be stored at any one time.

(4)

Any other conditions or restrictions which, in the opinion of the director of the Division, or designee, are necessary to protect the public health, safety, and welfare of the residents of Broward County.

(b)

In determining and imposing such reasonable conditions and limitations, the Division shall be governed by preventing damage to property, preventing personal injury or loss of life, protecting the public health, welfare, and safety, and the reduction of nuisance.

(c)

The Division is authorized from time to time to change, amend, or modify the imposed conditions and limitations regarding any permit in order to meet the purpose for which they were imposed, if changing conditions or circumstances so dictate, after considering the guides above enumerated. It is intended that the Division may impose more restrictive conditions and limitations, if circumstances and conditions in the area concerned so warrant or prove to be necessary to carry out the purpose for which the conditions and limitations were imposed. In like manner, if such conditions and limitations are found by the Division to be too restrictive, the Division may modify them accordingly within the bounds of the purposes for which they were imposed. However, the imposed limitations and conditions as to the amount of explosives permitted in any permit shall not be increased by the Division until and unless the permittee shall first demonstrate to the Division, by due recognized and proper proof, that the desired increase would not, in any event, provoke or result in a vector sum particle velocity in excess of 0.5 inch per second, as prescribed in section 12-37 hereof, or detrimentally affect the public health, welfare, or safety. The director of the Division will require, in order to protect the public health, welfare, or safety, the permittee to submit a recognized instrument test for any blasting operations to ascertain that the above-described limits are not exceeded at the nearest building or structure. It is the intent of this article to permit the use of an amount of explosives which will result in vibrations up to but not exceeding the above-described limits.

(d)

The blaster shall provide, at the blaster's cost, a continuous monitoring seismic instrument at each site. Such instrument may be removed from a site, after written notice has been given to the director of the Division, or designee, when the blasting at the site has been completed or indefinitely suspended.

(Ord. No. 79-63, § 1, 8-15-79; Ord. No. 94-47, § 48, 10-11-94; Ord. No. 96-7, § 10, 3-12-96; Ord. No. 2005-07, § 19, 4-12-05; Ord. No. 2008-47, § 1, 11-13-08)