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 Broward County
 Code of Ordinances
 Chapter 12. FIRE PREVENTION AND PROTECTION
 Article II. EXPLOSIVES

  § 12-42. Blasting complaints.  

Latest version.

  • (a)

    In the event a person alleges damages resulting from blasting and wishes to have the issue resolved by a hearing officer, said person shall have sixty (60) days from the date of the blast to file a complaint with the Division on a form provided by the Division. The complaint shall state on its face that, by filing the complaint with the Division, the complainant is submitting to the jurisdiction of the hearing officer for a determination of the damage claim(s). The complaint process contained in this section and section 12-43, however, shall not be available for damage claims which have been previously adjudicated or determined by a municipal agency or board pursuant to the municipality's blasting ordinance, resolution, regulation, or policy.

    (b)

    The complaint shall be immediately referred to the seismologist of record via facsimile. The seismologist of record shall determine the relationship between the claimed defects and blasting. This evaluation shall be based upon measured particle velocity levels and the results of any pre-blast and post-blast inspections.

    (c)

    Upon receipt of the complaint by the seismologist of record, the seismologist shall have thirty (30) days to conduct an inspection of the claim, prepare a report, and forward the necessary documentation and report to the permit applicant and/or its insurance company. Copies of the liability determination from the permit applicant or its insurance company shall be forwarded to the Division and the complainant. The record of complaints filed with municipalities, if any, shall be provided by the municipalities to the Division within seven (7) calendar days from receipt of the complaint.

    (d)

    No later than fifteen (15) days after a determination is made by the permit applicant or its insurance company or, if no determination is made by the permit applicant's insurance company within forty-five (45) days of the date the complaint is filed, the Division shall set the matter for hearing at the next regularly scheduled hearing or as soon thereafter as possible; provided, however, that no hearing shall be scheduled sooner than ten (10) days from the date the permit applicant is served with the notice of hearing.

(Ord. No. 96-7, § 12, 3-12-96; Ord. No. 2005-07, § 22, 4-12-05; Ord. No. 2008-47, § 1, 11-13-08)