Chapter 55 - Explosives Chapter 55
EXPLOSWES*
Article I. Regulation of Explosives and Certain Explosions
Sec. 55-1. Title and citation.
Sec. 55-2. Purpose.
Sec. 55-3. Applicability;permit required.
Sec. 55-4. Exemptions from permit requirements.
Sec. 55-5. Permit application requirements and conditions.
Sec. 55-6. Obligation of user to utilities.
Sec. 55-7. Permit application review procedures.
Sec. 55-8. Issuance of permit;prohibitions.
Sec. 55-9. Limitations and conditions.
Sec. 55-10. Issuance.
Sec. 55-11. Fees.
Sec. 55-12. Information and requirements during and subsequent to geophysi-
cal seismic blasting.
Sec. 55-13. Restrictions for the use and handling of explosives.
Sec. 55-14. Sale or disposal;inventory;theft or illegal use.
Sec. 55-15. Revocation and/or suspension of permit.
Sec. 55-16. Authority vested in the engineering services director.
Sec. 55-17. Penalties.
Sec. 55-18. Previously issued permits.
*Editor's note—Ord.No.04-55,§2D,provided for the relocation of former LDC Div.3.4,§§3.4.18,to be included as Ch.55.
Supp.No. 17 CD55:1
EXPLOSIVES §55-4
ARTICLE I. REGULATION OF (3) The National Fire Protection Association
EXPLOSIVES AND CERTAIN 495, Code for the Manufacture,Transpor-
EXPLOSIONS* tation, Storage and Use of Explosive Ma-
terials 1985 Edition.
Sec. 55-1. Title and citation. (Ord. No. 04 55, § 2.D.)
This article shall be known and may be cited as Sec. 55-3. Applicability;permit required.
the "Collier County Explosives Regulations."
(Ord. No. 04-55, § 2.D.) It shall be unlawful for any person to acquire,
possess, handle, dispose of, store or use an explo-
Sec. 55-2. Purpose. sive in Collier County without first obtaining a
Collier County user/blaster permit (hereinafter
This article is intended to control and regulate referred to as "permit") issued pursuant to the
explosives in Collier County for the protection of provisions of this article.A permit obtained by a
the public health, safety, and welfare of its citi- user in accordance with provisions of this article
zens and to prevent damage to property,personal shall be sufficient to authorize those blasters and
injury and loss of life resulting from detonations handlers who are employed or engaged by the
of explosives. Further this Article is intended to user and who are fully disclosed to Collier County
prevent the possession and use of explosives by in accordance with permit application require-
unauthorized persons in the unincorporated ar-
eas of Collier County, or in roadways maintained (Ord. No. 04-55, § 2.D.)
by Collier County but which lie within municipal
boundaries of Collier County, and to protect the Sec. 55-4. Exemptions from permit require-
structural and physical integrity of private and ments.
public facilities and materials along such road-
ways. It is to be liberally construed to accomplish The following are exempt from the provisions
such intent and purpose. Further, it is the intent of this article:
of this article to recognize that a user of explo (1) The United States Department of the In-
sives license and blaster permit must be approved
and issued by the State of Florida and that, in terior Bureau of Mines, the Federal Bu
addition to the requirements of this article, the reau of Investigation, the United States
user and blaster is responsible for compliance Secret Service or the Collier County
with state or federal explosive regulations includ- Sheriffs designated employee/personnel
ing, but not limited to, the following: and all other law enforcement officials
acting in their respective official capaci-
(1) The United States Department of Labor ties in performance of their duties. This
Occupational Safety and Health Adminis- exemption shall be applicable only to the
tration, Occupational Safety and Health personnel of these agencies and shall not
Standards, subpart H, Explosives and apply to private contractors and subcon-
Blasting Agents, section 1910.109, and tractors employed by these agencies.
subpart U,Blasting and the Use of Explo-
(2) The sale and delivery of explosives and
sive B, section 1926.900 through and in- the sale or use of pyrotechnics(fireworks)
cluding section 1926.914. in accordance with applicable Collier
(2) The State of Florida enactment of F.S. ch. County ordinances.
552 and the state fire marshal's regula- (3) The transportation of explosives through
tory rules designated as chapter 4A-2, Collier County under regulations of the
Florida Administrative Code. Federal Department of Transportation 49
*State law reference—Penalty for ordinance violations, CFR (Code of Federal Regulations) parts
F.S.§125.69. 100 to 177.
Supp.No. 17 CD55:3
§55-4 COLLIER COUNTY CODE
(4) The Armed Forces of the United States or (7) Location of the site at which blasting will
the state militia. occur, including section, township, and
(5) The possession,transportation and use of range.
small arms ammunition and supplies such (8) The dates on which the blasting is ex-
as black powder and smokeless powder. pected to commence and terminate and a
(Ord. No. 04-55, § 2.D.) detailed explanation of the reason and
purpose of the blasting.
Sec. 55-5. Permit application requirements (9) Copies of the user's State of Florida user
and conditions. of explosives and explosive blaster permit
(a) General application requirements. Applica- licenses and when applicable manufactur-
tion for the Collier County user/blaster permit ers distributor of explosives State of Flor-
shall be signed by the user and filed with the ida explosive license.
engineering services department.The application (10) Blasting activities will not be permitted
shall detail the purpose of the permit and shall within 350 feet of any existing structures,
include, but shall not be limited to, the following structures under construction, or within
data and information or, where applicable, shall 350 feet of public rights-of-way.
have such data and information submitted as an
attachment. It is not the intent of this Article to (11) Written authorization or proof of authori-
require an applicant who has previously obtained zation from the owner of the site, setting
a State of Florida user of explosives license or forth the name, address and telephone
explosive blaster permit to again produce original number of the owner(s) and providing:
data and information (other than the originals a. Authorization to blast on the prop-
requested in (1) through (6) below) that was
erty; and
supplied as part of the application process for the
state license or permit and which original data b. Authorization for the county's per-
and information is on file with the engineering sonnel to enter upon the property
services department. In the event that applica- from time to time in order to carry
tion data or information required by this section out inspections and verify compli-
has been previously supplied to the department of ance with the provisions of this arti-
natural resources, the applicant may supply cop- cle and the blasting permit.
ies of such information to Collier County to fulfill c. For geophysical seismic operations,
the specific data or information requirement. legal permission, which may be in
(1) A Collier County fingerprint information the form of a lease, written permis-
card which has been completed by the sion of an owner of the minerals, or
user(or its legal representative),all blast- an affidavit of the applicant affirm-
ers and handlers. ing that he will obtain permission to
conduct geophysical seismic opera-
(2) Full name, address and the telephone tions using explosives for oil, gas, or
number of the user or its representatives. minerals underlying the lands.
(3) A physical description of the user and all d. Evidence of compliance with the in-
blasters and handlers. surance requirements as set forth in
(4) Fingerprints of the user and all blasters section 55-10 of this article.
and handlers. e. Evidence of permit approvals,where
(5) The signature of the user and all blasters applicable,from the State of Florida
and handlers. department of natural resources, or
other federal, state or local agencies
(6) Recent photographs of the user and all having jurisdiction over the pro-
blasters and handlers. posed work.
Supp.No. 17 CD55:4
EXPLOSIVES §55-5
f. A written statement that the user low to the county manager or designee for
has read this article and agrees to review and approval prior to placement of
conduct all blasting activities in ac- explosives within the ground):
cordance with this article and all a. Depth and number of holes.
applicable county and state codes
and laws. b. Size of the holes.
g. The name, address, and telephone c. Size of the explosive charges.
number of the seismologist whose d. Maximum number of pounds of ex-
services will be used if conditions plosives per hole; maximum pounds
warrant for the duration of the blast- per delay.
ing activities.
e. Number of holes which are planned
h. Verification of project development to be shot each day.
approval by Collier County when the
blasting is to be done in conjunction f. Type of initiation device to be uti-
with such development. lized, i.e., blasting caps, detonating
cord, etc.
(12) Any other information or data reasonably g. The pounds per shot when underwa-
required and requested by the Countyter "doby" detonation is performed
Manager or designee in order to fully
review or evaluate any special circum- (if such information is applicable to
stances or considerations for permit appli- the blasting activity).
cation approval applicable to specific blast- (3) When geophysical seismic blasting is to
ing site(s). (Other information or data occur, the application shall include a list
required and requested by the county of the names, addresses, social security
manager or designee is not intended to numbers and telephone numbers of all
require the submission of geophysical in- employees of the geophysical seismic par-
formation or data when the confidential- ties.
ity of such information or data is pro-
tected by common law, state statute or an a. The user shall update the list and
administrative rule promulgated thereun- applicable information should it be
der.) come necessary during the geophysi-
cal seismic operation.
(b) Blasting explosives information. b. The user shall provide a statement
that all blasters and handlers are
(1) A site plan showing the intended blasting employed by the user and that the
locations and expected pattern of explo- user accepts full responsibility for
sions. For geophysical seismic blasting a the actions of all blasters and han-
location map shall be submitted in place dlers while engaged in the course
of the site plan. and scope of their employment by
(2) A full description of the following blasting user.
information (in cases where a manufac- c. The user shall file with the county
turer, distributor or dealer who is acting manager or designee, at the time of
as a user in conjunction with a commer- permit application, the name, ad-
cial excavation and that site's representa- dress, telephone number and busi-
tive(s)is purchasing explosives and has a ness affiliation of a third party ob-
user's license, it shall be the responsibil- server(s)who meets all requirements
ity of the site's user or blaster to supply of this article.
the appropriate information contained be- (Ord. No. 04-55, § 2.D.)
Supp.No. 17 CD55:5
§55-6 COLLIER COUNTY CODE
Sec. 55-6. Obligation of user to utilities. tion shall consist of complete documenta-
Prior to permit issuance, the user shall make tion of all visible interior and exterior
appropriate arrangements with all utility compa defects observed at the structure. The
nies which may be affected by the blasting to inspection documentation shall be pre
minimize the chance of damage to utility facili pared on 81/2 by 11 or 81/2 by 14 sheet(s)of
ties. The user shall notify, at least 24 hours prior paper. The date of the inspection must be
to blasting, all utility companies which have fa indicated on the documentation.
cilities or equipment which may be affected by the Interior and/or exterior 35 mm photo-
blasting. graphs of the structure and appurte-
(Ord. No. 04-55, § 2.D.) nances containing defects must be identi-
fiable as to the location and date taken.
Sec. 55-7. Permit application review proce- A list of all pre-blast surveys shall be
dures. received by the engineering services de-
(a) Upon submittal of a complete application partment no later than five days prior to
to the office of the engineering services director, the planned commencement of blasting.A
processing of the application will commence, ex- location map indicating the streets and
cept that: structures involved shall be submitted
together with this list.
(1) A field review of the site may be required
at the discretion of the county manager or (c) Pre-blast notification required.
designee.
(1) The applicant shall provide written noti-
(2) Checks may be performed by law enforce- fication to residents who have not re-
ment officials on all permit requests and ceived a pre-blast inspection of the pend-
on the user, blaster, or handler. ing blast at least ten days prior to the
(b) Pre blast inspections required. commencement of the initial blast. The
notification brochure shall be mailed or
(1) Prior to detonation of explosives a list of placed on the front door of each individual
all pre-blast inspections performed shall residence within the notification radius.A
be provided to the engineering services list of the property owners who were no-
department. Pre-blast inspections are re- tified shall be furnished to the county
quired for structures if one of the follow- prior to blasting.
ing conditions has been satisfied:
(2) Notification shall be distributed to all
a. If the structure is within a distance properties containing structures within a
of 200 feet times the square root of radius calculated for a scaled distance of
the charge away from the blast, as 200 feet, plus an additional 50 percent.
illustrated by the following formula:
D- 200 x W 72 (3) The written notification shall describe the
blasting which will take place, its effect
(Where "D" equals the distance in on the residents, their ability to obtain a
feet and"W"equals the weight of the pre-blast survey and how to contact the
charge in pounds of explosives per user or his or her representative with any
delay.) blast related complaints or claims. Prop-
b. If the structure is within 500 feet of erty owners shall be given a five-day
the blast permitted for any size window to respond to the availability and
charge. their desire to obtain a pre-blast survey.
(2) Pre-blast inspections shall be conducted (4) If blasting is suspended in an area for a
by an independent seismologist,vibration period of 90 days or longer, renotification
engineer,structural engineer,or their rep- of all, residents within the radius calcu-
resentative. The pre-blast survey inspec- lated for a scaled distance of 200 feet plus -.
Supp.No. 17 CD55:6
EXPLOSIVES §55-9
an additional 50 percent shall be accom- county manager or designee or shall di-
plished at least seven days prior to the rect the county manager or designee to
re-commencement of blasting. issue the permit with such stipulations,if
(d) Within ten working days after an applica any, as may be deemed necessary by the
tion has been fully completed, as determined by board.
the engineering services director, or his designee, (Ord. No. 04 55, § 2.D.)
and submitted to the engineering services direc- Sec. 55-8. Issuance of permit;prohibitions.
tor, or his designee, the engineering services di-
rector, or his designee, shall: (a) Each permit issued by the county shall set
(1) Approve the application and issue a per- forth, at a minimum,the full name, date of birth,
mit with such conditions, if any, which address and telephone number of the user and
may be deemed necessary; or any conditions or restrictions placed upon the
permit by the county.
(2) Notify the permit applicant,in writing, of
the reason(s)for the delay or denial of the (b) A permit shall be valid solely for the use by
permit. the permittee and shall not be transferred or
assigned without written board approval.
a. If a delay is necessary, the reason(s)
for the delay and any additional re- (c) No permit shall be issued or be allowed to
quired application information nec- remain in effect for any natural person:
essary to meet the purpose and re- (1) Who is under 18 years of age; or
quirements of this Article shall be
explained to the applicant, in writ- (2) Who has been convicted of a felony and
ing, and shall be forwarded by certi- has not been pardoned or had his civil
fled mail, return receipt requested; rights restored; or
b. If additional required information (3) Who has been adjudicated mentally in-
consistent with the intent and pur- competent and has not had his civil rights
pose of this article is requested and restored.
is not supplied by the applicant within (Ord. No. 04-55, § 2.D.)
30 days after being notified, the no-
tification of delay shall constitute a Sec. 55-9. Limitations and conditions.
notice of denial. (a) The county manager or designee shall, in
(3) When a permit application has been de- determining and imposing reasonable limitations
nied by the county manager or designee and conditions, consider the prevention of per-
or when a permit has been issued subject sonal injury, loss of life and damage to property,
to conditions, the applicant may appeal as well as the general considerations of public
such decision by filing a written notice of health, safety and welfare.
appeal with the board,with a copy to the
county manager or designee, within ten (b) The county manager or designee may im-
working days after notification of such pose limitations and conditions for each permit
denial or conditions. Within 45 days a issued including,but not limited to,the following:
public hearing shall be scheduled before (1) A cash or surety bond or letter of credit in
the board at which time the board shall such amount as may be deemed necessary
review those facts presented by the appli- by the county manager or designee or the
cant and the county manager or designee board for the financial protection of adja-
and shall thereafter determine whether cent or nearby public property or facili-
the application is sufficient and in compli- ties. The bond or letter of credit shall be
ance with the provisions of this article. drawn in favor of Collier County and the
Thereafter, the board shall either render terms of the instrument shall be such that
a decision upholding the decision of the it provides for forfeiture of the bond or
Supp.No. 17 CD55:7
§55-9 COLLIER COUNTY CODE
credit upon written demand by the county increase would not in any event result in a
manager or designee specifying the public resultant peak particle velocity in excess of that
property or facilities damaged and the prescribed in section 55-13(e)(1).
amount of damage. In the event that the
applicant has provided a cash or surety (d) To verify the use of an amount of explosive
bond or letter of credit to the State of which will result in vibrations up to but not
Florida in fulfillment of state license bond exceeding the required limits of this article, the
requirements and the county manager or county manager or designee shall require that the
designee determines that such security is user provide a minimum of one continuous mon-
in effect in such amount and type so as to itoring seismic instrument for use during the
provide the financial protection required daily blasting segments to ascertain that de-
by this section, the county manager or scribed limits are not exceeded at the nearest
designee shall permit the applicant to building or structure. The user shall be responsi-
provide such current security with an ble for all costs incurred in providing such moni-
endorsement or rider in favor of Collier toring.
County.
(1) The seismic instrument shall be placed at
(2) A condition limiting the amount and type a location either on the blasting site or the
of explosive which may be used at any one instrument may be relocated to an off-site
time, whether fired or detonated instan- location.
taneously as a single charge or by a delay (2) The county manager or designee shall be
series charge, as may be deemed by him
reasonable under the conditions existing advised of the instrument s location.
in the locale for which the permit is is- (3) The results from the seismic instrument
sued. shall be provided to and analyzed by a
seismologist who shall sign the results of
(3) A condition requiring the user to conduct
his analysis. The seismologist shall be an
a series of test shots to determine that individual or firm specializing in the mea-
vibrations are within required limita- surement and evaluation of short-term
tions. air and ground vibrations produced through
(4) From time to time to change, amend, detonation of explosives.The seismologist
modify or impose more restrictive condi shall have experience in instrumentation,
tions and limitations if circumstances and explosives, and the effects of vibration
conditions at and surrounding the site upon structures and a minimum of five
area concerned so warrant or prove to be years experience supervising and/or mon-
necessary in order to carry out the pur-
pose for which the conditions and limita- (4) All original records of the seismic analysis
tions were imposed. will be the property of the user but a copy
of the seismic results and/or analysis shall
(c) If such conditions and limitations are found be furnished to the community develop-
by the county manager or designee to be too ment and environmental services admin-
restrictive,he may modify them accordingly within istrator, or his designee, with full and
the bounds of the purposes for which they were complete and supporting data within seven
imposed; provided, however, the imposed limita- days from the date of the actual blast.
tions and conditions as to the amount of explo-
sives permitted in any permit shall not be in- (5) Each instrument shall be frequently
creased by the County Manager or designee until checked to insure proper operation and
and unless the permittee shall first demonstrate shall be calibrated annually. Notification
to the satisfaction of the county manager or of the calibration date shall be supplied to
designee by due and proper proof that the desired the county manager or designee. --�
Supp.No. 17 CD55:8
EXPLOSIVES §55-11
(6) The county manager or designee is autho- (2) A fee set by resolution per site will be
rized to waive the requirement for a con- charged for issuance of a 90-day permit.
tinuous monitoring seismic instrument if
the county manager or designee deter- (3) A fee set by resolution per site will be
mines that the instrument is unnecessary charged for issuance of a yearly permit.
as a result of existing monitoring data or
in the event that there are no probable (4) A fee set by resolution will be charged for
adverse impacts due to the remote and each handler who assists the user or blaster
isolated location of the blasting. in the use of explosives. It shall be the
(Ord. No. 04-55, § 2.D.) user and blaster's responsibility to ensure
the handler's permits are kept current
Sec. 55-10. Issuance. with the county manager or designee.
(a) The county manager or designee, as a con- (5) If it is necessary to renew a permit, a
dition to the issuance of a permit, shall require renewal fee, set by resolution, per permit
evidence of insurance coverage to protect the will be charged. The renewal shall be for
applicant, Collier Countyand the only 30 days and shall only be renewed
PP public as fol twice for the same permit.
lows:
(1) Workers'compensation as required by Flor- (6) Permit fees may be waived in those cases
ida law. where blasting is to be performed for a
(2) Comprehensive governmental agency.
p general liability (includ-
ing, but not limited to explosive hazard, (b) An after-the-fact permit may be granted,at
collapse hazard, underground property the sole discretion of the county manager or
damage, contractual liability)—bodily in- designee, where it is verified that the applicant
jury, personal injury: $1,000,000.00 each has submitted all application information re-
occurrence and aggregate; property dam- quired by this article and said applicant would
age: $1,000,000.00 each occurrence and have been granted a permit pursuant to an orig-
aggregate. inal application.The following fees and conditions
(3) Additional coverage as may be required
shall be applicable to an after-the-fact permit:
depending on special circumstances. (1) A fee set by resolution for the issuance of
(b) A certificate of insurance shall be provided the permit; and
to the county manager or designee to confirm that
the above insurance coverage will be in effect (2) A fine set by resolution per detonated
shot; and
during the entire period of blasting. The insur-
ance coverage shall not be canceled or changed (3) Correction of all applicable damages caused
without a minimum of 30 days' prior written by the blasting; and
notice to the county manager or designee.
(Ord. No. 04-55, § 2.D.) (4) A six-month moratorium for the user and
blaster on future permit application re-
Sec. 55-11. Fees. quests within Collier County;
(a) The following nonrefundable, nontransfer The issuance of an after-the-fact permit
able permit application fees shall be applicable to or the payment of an after-the-fact permit
all permit applications submitted after the effec fee shall not prevent or prohibit the county
tive date of this article: from imposing or pursuing such other
administrative, civil or criminal penalties
(1) A fee set by resolution per site will be as may be deemed appropriate.
charged for issuance of a 30-day permit. (Ord. No. 04-55, § 2.D.)
Supp.No. 17 CD55:9
§55-12 COLLIER COUNTY CODE
Sec. 55-12. Information and requirements (4) Complete copies of files on the number of
during and subsequent to blasting caps used and pounds of explo-
geophysical seismic blasting. sives used on each shot line shall be
(a) For geophysical seismic blasting and under provided to the county manager or desig
such other circumstances as may be specified by nee.
the county manager or designee, the following (5) Where necessary due to terrain or un-
requirements shall be applicable during blasting usual geographic conditions, transporta-
operations: tion to and from the blast site shall be
(1) The user shall provide a location map of provided by the user for any county offi-
all intended shot points along all survey cial acting in their respective official ca-
lines to the county manager or designee pacities in performance of their duties
prior to drilling and loading any shot that is required to visit the site for any
holes.The location map shall be appropri- purpose.
ately keyed with symbols and shall be on (b) The following requirements shall be appli-
an aerial photographic base at a scale of cable subsequent to blasting operations:
one inch equals 400 feet.
(2) The user shall provide, at his expense, an (1) Within 15 days after completion of each
independent third party observer(s) who shot line, a survey base line and exact
shall be thoroughly familiar with applica- shot points must be established for future
ble county ordinances, the rules of the relocation of each shot hole. The survey
state fire marshal and current State of must have a minimum closure of one to
Florida department of natural resources 5,000. Such survey shall be made in rela-
geophysical rules and shall, when practi- tion to the nearest section line or other
cal, meet all Florida state police board appropriate line of demarcation so as to
standards. The third party observer(s) insure proper relocation of shot holes in
shall witness the drilling, loading, shoot- the future.Legible copies of all field books
ing and plugging of all holes detonated by and computations shall be submitted to
the user and shall maintain a shooting log and retained by the county manager or
book as required by the department of designee. In the event that survey data
natural resources. In addition, no reme- reveals that blasting has occurred at other
dial operations to neutralize an than the permitted location, the county
undetonated shot hole shall take place manager or designee is authorized to re-
without the observer(s) also witnessing quire an after-the-fact permit application
the activity. The name, address and tele- for the area where the blasting has taken
phone number of the independent third place and to require any and all actions by
party observer(s) shall be provided to the the user to comply with the intent and
county manager or designee prior to the purpose of this article. The county man-
commencement of blasting operations. ager or designee is further authorized,
Where any requirement of this subsection however, to waive the permit fee for an
is mandated by state statute or adminis- after-the-fact permit application where it
trative rule as part of state licensing is determined that the user has relied in
requirements, the applicant may comply good faith on inaccurate survey data or if
with the requirements of this subsection the county manager or designee deter-
by providing copies of materials or data mines that specific site conditions render
supplied to the State of Florida in fulfill- the fee inapplicable or unnecessary.
ment of the state's requirement. (2) The user shall certify in writing that the
(3) Appropriate signs shall be placed at inter- State of Florida's Bureau of Geology's
vals along the shot line to advise all field office representative is satisfied that
persons of an explosive hazard. all owners on whose property blasting
Supp.No. 17 CD55:10
EXPLOSIVES §55-13
operations have occurred,have been prop- be unlawful for any person to blast,fire or
erly restored including,but not limited to, detonate or use any amount of explosives
removal of pin flags, wire and trash from which would result in a resultant peak
the site, and that all detonated holes and particle velocity in excess of 0.5 inches per
ruts have been backfilled to surrounding second when measured on the ground at
grades. the nearest building or structure finished
(Ord. No. 04-55, § 2.D.) or under construction not owned by the
permittee, or at a location identified by
Sec. 55-13. Restrictions for the use and han- the seismologist of record and the engi-
dling of explosives. neering services director, or designee. A
(a) Detonation of explosives shall normally be blasting control procedure is herby estab
limited to the hours between 8:00 a.m. and 5:00 lished by adopting an 80 percent rule for
p.m.The county manager or designee may reduce controlling blasting in urban construction
or waive this time frame due to existing site environments. If 80 percent of the allow-
conditions/locations or may extend this time frame able particle velocity is exceeded,no blast
to all daylight hours for sites remote from resi- may be undertaken until a letter,
dential development. facsimile transmission, or telephone call
with a follow-up letter or facsimile trans-
(b) Detonation of explosives shall not occur on mission is provided by the blasting permit
Sundays or legal holidays. An exception may be applicant to the county identifying a re-
granted for geophysical seismic operations or when
vised blasting mythology which provides
justification is submitted in writing by the user procedures that will be implemented to
and is subsequently reviewed and approved by
assure that a peak particle velocity of 0.5
the county manager or designee.
inches per second will not be exceeded.
�--- (c) Should structures which are expected to The maximum allowable airblast, mea-
receive a resultant peak particle velocity in excess sured at the nearest building or structure
of acceptable standards as indicated below re-
quire evacuation or in other circumstances in not owned by the permittee, or when
which evacuation for an extended period of time measured at a distance of 5,280 feet from
(more than two hours)is required, the user shall the blast shall not exceed 129 decibels
notify the Collier County sheriffs office by tele when measured by an instrument having
phone a minimum of 12 hours prior to commence-
at flat frequency response over a range of
ment of the evacuation. at least 6 to 200 hertz. If the airblast is
measured with an instrument having a
(d) Twenty-four hours prior to detonation of flat frequency measure over a range of at
explosives or applicable segments thereof, the least 2 to 200 hertz, the corresponding
user or blaster shall orally notify the county limit is 133 decibels.
manager or designee and specify the location and
proposed time of such blasting. This time limit The following requirements shall apply to
may be waived by the county manager or designee all blasting within the urban boundaries
under special circumstances such as underwater of the county:
doby detonations. a. Overburden shall not be removed
(e) Blasting permit and limits. prior to blasting. When overburden
exceeds four feet of depth, a mini-
(1) It shall be unlawful for any person, to mum of four feet of overburden shall
blast, fire, detonate or use any amount of remain in place prior to blasting.
explosive within the territorial limits of
the county without fist obtaining a blast- b. Stem all blast holes within 1,000
ing permit as hereinafter provided by this feet of the nearest structure based
section;provided that in any event it shall on a GPS measurement with 89 stone
Supp.No. 17 CD55:11
§55-13 COLLIER COUNTY CODE
or approved equal material to con- prior to detonation and an all-clear signal
fine the gaseous products of detona- shall also be sounded upon completion of
tion. the blast(s). This warning signal shall be
c. The"borehole"surrounding the blast of sufficient duration (a minimum of 30
tube shall be backfilled to ensure seconds) to allow complete alert of all
stability of the ground surface. individuals adjacent to the blast area.
d. All surface detonators shall be cov (6) Blasting caps shall not be loaded through
ered or buried. the drill steel, also known as the "Kelly
bar."
e. All charges shall be at (originally
placed) proper depth prior to the (7) A record of blast data shall be recorded on
detonation of multiple blasts. daily blasting logs.The logs shall be main-
tained by the user or blaster on an ap-
(2) Exception. Upon written request, the proved form with copies of the completed
county manager or designee may autho- logs submitted to the county manager or
rize the resultant peak particle velocity designee monthly unless otherwise re-
exceeding the aforementioned limits when quested.
vibration levels specified in the Alterna-
tive Blasting Criteria of the United States (8) Overspray from all detonations shall be
Bureau of Mines Report and Investiga contained at the blast site.
tions No. 8507, Structure Response and (9) All explosives placed in the ground must
Damage Produced by Ground Vibration be detonated the same date as placed and
from Surface Mine Blasting are used. must not be left in the ground overnight.
(3) Explosives shall not be abandoned or left If conditions so warrant and with justifi
cation the county manager or designee
in an unsecured location. may authorize "sleepers" provided, how-
(4) In the event that a charged/loaded hole ever:
does not detonate the user or blaster shall a. The county manager or designee re-
take whatever action is necessary under ceives verbal and followed by writ-
the conditions prevailing at the site to ten approval from the Bureau of
neutralize the misfire the same date as Explosives and Fire Equipment Of-
placed and prior to the continuance of fice of the State Fire Marshal,Talla-
loading/drilling more holes. Should the hassee, Florida; and
depth of the explosive be such as to pro-
hibit recovery or neutralization the same b. The Collier County sheriffs office
date as placed and the explosive is irre- receives verbal information confirm-
trievable or neutralization is impractica- ing the location/condition of such
ble,the user shall ensure that the charged/ "sleepers"; and
loaded hole's location shall be documented c. The user utilizes night security along
and noted utilizing existing landmarks to with taking other appropriate pro-
facilitate return to the location as neces- tective safeguards.
sary, and with the actual pinpoint loca-
tion by survey provided to the county 1. Exception for geophysical seis
manager or designee. mic users.For geophysical seis-
mic operations,overnight secu-
(5) Prior to the detonation of any explosives rity shall not be required when
within commercial excavations and dur- the explosives are loaded at a
ing the course of the day's blasting activ- depth that avoids deformation
ities, a warning signal such as a horn or of the ground surface upon det-
siren,audible at adjacent properties,shall onation;provided,however,that
be sounded a minimum of one minute the explosives are locked in the
Supp.No. 17 CD55:12
EXPLOSIVES §55-15
hole at the intended depth of Sec. 55-15. Revocation and/or suspension of
burial with a borehole anchor permit.
and/or a sealing material to pre-
vent removal. (a) Permits may be revoked and/or suspended
(Ord. No. 04-55, § 2.D.) by the county manager or designee for the follow-
ing reasons:
Sec. 55-14. Sale or disposal;inventory;theft (1) Noncompliance by the user, his agents or
or illegal use. employees with any directive of the county
manager or designee relating to the per-
(a) Sale or disposal to person without permit. mits, the permitting process, permit lim-
It shall be unlawful: itations,stipulations or conditions,or any
related matter.
(1) For any person to sell or otherwise dis-
pose of any explosive to any other person (2) The county manager or designee deter
mines that the blasting has caused actual
who does not have a valid permit.
personal or real property damage to a
(2) To dispose of any explosive not owned by party other than the user or blaster and
the user,without providing a minimum of determines that a suspension or revoca-
24 hours'prior notice to the Collier County tion of the permit is necessary to investi-
sheriffs office and the county manager or gate and/or remedy the blasting activities
designee. resulting in the damage.
(3) In the event that false information was
(b) Inventory. Every user having any explosive given or a misrepresentation was made to
in his possession, dominion or control shall have obtain the permit.
on file a schedule or inventory form accurately
setting forth the quantity and description of such (4) In the event the permittee is a fugitive
explosives. from justice.
(c) Reports of theft, illegal use or loss. (5) In the event the permittee has been judi-
cially determined to be mentally incompe-
(1) In the event any explosive is stolen, mis- tent.
placed or lost or there are unexplained (6) Violation by the permittee of any provi-
shortages, such occurrences shall be re- sion of any explosives law or regulation or
ported immediately after discovery to the provision in this article.
Collier County sheriffs office and the
county manager or designee. Within 12 (b) When a permit is revoked and/or sus-
hours after discovery, in accordance with pended by the county manager or designee, the
F.S. § 522.113, notification shall be given permittee shall be notified of the revocation and/or
to the Bureau of Explosives and Fire suspension and the reasons therefore, in writing
Equipment Office of the State Fire Mar- by certified mail, return receipt requested, or
shal, Tallahassee, Florida, and within 24 such notification may be hand delivered to the
hours after discovery notification shall user or blaster at the blasting site. Such revoca-
also be given to the Federal Bureau of tion and/or suspension shall be effective immedi-
Alcohol, Tobacco and Firearms' nearest ately upon receipt, if by mail, or immediately
office. upon hand delivery. In the event, however, the
county manager or designee deems it necessary to
(2) The area in which the incident occurred protect the health, safety or welfare of the public
shall be secured until an investigation or to prevent probable damage to private or public
has been made and the scene released by property the county manager or designee may
the investigating agency. orally direct the suspension and/or revocation of a
(Ord. No. 04-55, § 2.D.) permit. Such revocation and/or suspension shall
Supp.No. 17 CD55:13
§55-15 COLLIER COUNTY CODE
be effective immediately and written notice shall contemplated by this article to insure compliance
be provided to the permittee by certified mail with or prevent violation of the provisions of this
within five working days thereafter. article.
(Ord. No. 04-55, § 2.D.)
(c) Upon such revocation and/or suspension of
permit, the county manager or designee shall Sec. 55-17. Penalties.
provide notice to the Collier County Sheriff s
office and such other agencies as he may deem Any firm, partnership, corporation, individual
appropriate. or other entity who violates the provisions of this
article,or fails to comply with any requirement of
(d) When a permit has been revoked and/or this article, shall be guilty of a misdemeanor and,
suspended by the county manager or designee, upon conviction thereof, shall be fined or impris-
the permittee may appeal such decision by filing a oned, or both, as provided by law, and in addition
written notice of appeal with the board, with a shall pay all costs and expenses incurred in the
copy to the county manager or designee, within prosecution of such violation. Each violation and
ten working days after notification of such revo- each day that a violation continues shall consti-
cation and/or suspension. Within 45 days after tute a separate offense. In addition, and as an
the filing of the notice of appeal.A public hearing alternative means of enforcement, Collier County
shall be scheduled before the board. At such may enforce the provisions or requirements of
hearing the board shall review those facts pre- this article by means of any available civil remedy
sented by the permittee and the county manager in a court of competent jurisdiction.
or designee and the board shall thereafter deter- (Ord. No. 04-55, § 2.D.)
mine whether the revocation and/or suspension
was in accordance with the provisions of this Sec. 55-18. Previously issued permits.
article. The board shall render a decision uphold-
ing the decision of the county manager or desig- The provisions of this article shall govern all
nee or shall direct the county manager or desig- permits issued after [the effective date of this
nee to lift and remove the revocation and/or section].
suspension of the permit. (Ord. No. 04-55, § 2.D.)
(e) In the event that a permit is revoked and/or
suspended by the county manager or designee
and, if appealed, such revocation and/or suspen-
sion is upheld by the board, it shall be necessary
that a new application be submitted to and ap-
proved by the county manager or designee. Such
approval shall be in accordance with the provi-
sions of this article unless the county manager or
designee determines, in writing, that such new
application is unnecessary and does not further
the intent and purposes of this article. Such
determination by the county manager or designee
shall become part of the permanent permit file.
(Ord. No. 04-55, § 2.D.)
Sec. 55-16. Authority vested in the engineer-
ing services director.
The engineering services director is vested
with the authority to administer and enforce the
provisions of this article and is authorized and
directed to take any action authorized by or
Supp.No. 17 CD55:14
Chapters 56, 57
RESERVED
Supp.No. 17 CD56:1