Ordinance 88-012ORDINANCE NO. 88- , 12
AN ORDINANCE REGULATING BLASTING AND THE USE OF EXPLOSIVES
IN COLLIER COu~ii, FLORIDA; PROVIDING FOR II%'I~EI~ AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING A PEP. HIT
REd, Ti REHENT; PROVIDING EXt2iFrlONS FROH PERIilT
I~QUIREHENTS; PROVIDING PERHIT APPLICATION REQUIR~[ENTS
Alfl) CONDITIONS; PROVIDING FOR OBLIGATION OF A USER TO
IrrILITIES; PROVIDING FOR PER/tIT APPLICATION REVIE%/ AND
SETTING FORTH CRITERIA FOR APPROVAL, DELAY OR DENIAL OF A
PLT/~T AND APPEAL THEREOF; PROVIDING FOR ISSUANCE' OF
ir, Pj~RHIT; PROVIDING LIItITATIONS AND CONDITIONS OF A PEP. HIT~' ."
~% ,.,c-_.I~OVIDING FOlt INSURANCE REQUI~$; PROVIDING FOR
~: 3 .. .:: t'ROVIDING FOR INFORHATION AND RBQUIRI~fEI~S DURING AND
,~J t' .., ~..:'.~'~BSEQUEI~ TO G~OI'HYSICAL SEISHIC BLASTING; PROVIDING
~ ' :",~ZSTRICTIONS FOR THE USE AND HANDLING OF EXPLOSIVES
c~ ~':'"~OVIDING FOK THE SALE OR DISPOSAL, INVENTORY, THEFT OR
¢'~ ' ':~LECAL USE OF EXPLOSIVES; PROVIDING FOR REVOCATION AND/OR
~ '~- .. 'i~ SIISFENSION OF PERltlTS; VESTING ADHII~ISTRATION
~? "~'.'.~0RCEHENT AUT~0RITY IN THE COUNTY ENGINEER; PROVIDING
~'-~ FOR PENALTIESI PROVIDING FOR EFFECT ON PREVIOUSLY ISSUED
PERI~ITSI PROVIDING FOR REPEAL: PROVIDING FOR CONFLICT AND
S2w-AABILITY; AND PROVIDING AN EFFE~IVE DATE.
~kEA$, the United Sca=es Depart~maC of Imbor Occupational Safa~y
R~h ~b~raC~ h~ caused ~o be issued OccupaCi~
Sc~rde Subpar~ E - "Explosives and Blasting Agents', Secci~ 1910.109
Subparc U - "Bl~S a~ the Use of ~plosives", Sec=~ 1926.900 ~hr~ and
~lud~s Sec=~ 1926.9111 and
~, the ~S~Cu~o of the SCats of Flora ~cced C~pcer 5~2 of
the Florida SCa~tes ~tch e~rases local re~latt~ of e~losives,
SCats Fire ~rfhal ~ ~sued re~laco~ ~les desisted as ~apcer &A-2,
Florida ~bc~aCive C~e pursuant thereto ~ order Co re~aCa Cbs
~faccure, d~cri~Ci~, s~orage a~ use of e~looives; ~d
~, the ~a~i~l Firs P=ocec~i~ Afsoc~ci~ ~9~ published a Code
for Cbt ~fac=ure, Tr~p~=a~i~, S~oraKe ~d Use of ~looive
1985 ~ic~n; ~
~, ~he U~ced SCa~ef Depar~n~ of ~he In~er~,
~ perfo~d studiss ~ prepared reports relatin~ to the
e~losives ~h~'the vAcUity of vat.us types of s~tuees; ~d
~, LC b ~ kn~ tha~ ~rope~ use of ~plosives Eepreseu~ a
~zsrd ~o life and
,oo 05
ThiA Ordinance ~ ~e~ed ~o c~ol ~ ra~e ~loaivee ~ Collier
~n~y for ~he pro~ec~ o[ the ~blic heath, safe~y, a~ ~el~are
ci~, ~ ~o pr~ dmge ~o pr~er~, pe~a~l ~Ju~ ~ lo8~ of life
rsnl~s [r~ dtc~i~ of ~plosives. Further ch~ Ord~nce is ~en~ed
Co pE~anC the possessi~ ~ use of ~losives b~ ~uchor~e~ pers~ ~ che
Co~y bu~ ~h lie ~h~ ~icipal b~ndaries of Coll~er ~un~y, ~ ~o
pFocec~ the fc~c~ural a~ physic~ ~e~cy of private and public
a~ ~cer~o al~g such roa~ays. ': I~ is ~o b~ l~berally c~s~ed
~c~lish ~ch in~efl~ ~ pu~ose.
Further, ~C ~o tho ~tn~ of thb ~d~e co ~eco~ize ~ha~ ~
~losive Lice~e' t~ ~B~eE Fe~ff ~ot be appE~ed ~ ~sued by
SCats of Florida a~ Cha~, ~ ~dl~ ~o the ~equi~s o~ th~ ~d~nce,
the User s~ B~Ce~ ~ resp~lble f~ cool.ce with SCats or Federal
~losive ~~ ~clud~g, ~ ~C l~ed to, the fo~ng:
A. ~e U~ S~aC~ Depar~C o~ ~bo~ Occupa~ S~e~ a~ Htal~h
~tsCra~t~, Occupa~l Salary ~ Health S~dardo Subparc H -
'~plosives ~ BI~g Agtntofl, Sec~t~ 1910.109 ~ Subpar~ U -
'Blasr~g ~ the Use o[ ~lostves', Sec~ 1926.900 chr~gh
~clud~g Secg~ 1926.914.
B. ~e State o[ Flo~da ~c~n~ o~ ~p~er 5~2 o~ the ~l~tda SCaCu~eo
~ the State FAre ~rs~l'o re~laCo~ ~les desisted as ~apCer ~A-2,
Yl~ ~sCracivo C~e.
C. ~ ~aCi~l Fire Protection ~sociaci~ ~9~, Code Jar the
~[accura, Tzanapo~CaCi~, Storage a~ Use o[ E~loeive ~Ce~hlo 1985
Edict.
~epC fo~ the def~ct~ aec forth ~ ~a (1) thr~ ftfCe~ (15) of Chh
SecC~n, ~rds or ce~ a~ll be defioed as sec fo~ch tn ChpCer 552 of Chi
Florida Statutes, ~pce~ ~A-2.01, ~apce~ ~I~ OccupaCi~l Safety a~ He. Ch
SeWard Subpa~c K - "Explosives a~ Blast.S Agents', SecC~ 1910.109 and
HaC~i Fire Procecc~ bsochcton ~95 Coda foe the h~faccure,
TE~p~CaC%~, Storage a~ Use of E~lootve ~ter~l~ 198~ ~tt~, ~pte~
I-~.
,oo, 06
1. "Bl~sCsr" shall mean mn individual euployed by a User vho detonates
or otherviss effects the expXos~ of
~dhce ptrs~ cha~ge a~ supt~s~ of one o~ ~re oChe~
pers~ engaged ~ such ac~lvicy.
2. "Board" ah11 mn the Board o~ County C~ssioners o~ Collier
3, 'C~e~C~l ExcavaCi~' ehall mean an~ excavaci~:~e~
~c~aced ~tec~l is r~ved fz~ the subject properS, fo~
~cever pu~ose, or ~ere the disturbed area of the excavac~n
e~eeds ~ (l) ~re. '.
~. ~a71i~c H~s' shll mean ~ha~ pez~d o~ ~ between ~h~y (30)
~ces a~cer sunrise co chircy (30) miuu~es before
f. "h~ler" shall ~ ~ ~divAd~l who assists the User or blaster
~ ~ b a~r~ed b2 the User or b~cer
purchse, ~ssess or deC--Ce ~plosives.
6, '~SaX Holida2s' as refazEed Co herein sha~
~ Year's DAy
Presidents Day (Obee~ed)
Independence
~bor Day
Veterans Day
~a~egiving Day
Chrif~ Day
7. 'Wei~bor~S Prope~Zy" shall mean a properey
en~th ~o the blts~ini site ~h~C i~ would be e~eceed ~o receive
~br~tlo~ ~ excess of aXlovabla rtquirmnes fez fo~Zh by ehis
~d~ce ~ schemas be dmied due co effaces fr~ ehe blueing
8. "Parson" obi1 Hen ~y tim, parenership, co~oraZi~, ~divid~l
or other ~nci~.
9. ~ublic Wotka A~istrato~/~uuty Eng~eer" ahall ~ the
~iv~ual =eap~ibla ~o iaaue the Uae=/bl~ter pe~t
~ hee~ttee ~ ~unty
10. ~lel~loliat" aha11 ~an ~ ~ivi~ual ~o
a~ ha the ~ledge and skill co uoniCor surtace vibrati~ rave
levels, rtltCs ~ht rtsulZs Co sz~c~ures ~ be able es deee~e
~he e~ecCs ~ such
11. "S~ll" b alvays lnCe~ as a ~aco~y
12. "gita" shall man that legally described aras for ~hich a blasting
Perait has been obtained.
13. "Structure" shall Bean anything constructed or erected which
requires a f~xed location on the ground, or in the ground, or
attached to something having a f~xed location on or in the ground.
For the purposes of this ordinance fences, gates or poets are nsc
intended to be structures. ~.... .~''
Il. "User" shall mean the person who, as ultimata consumer of an
explosive, purchases same from a dealer or manufacturer-distributor,
or acquires the possession': o.~. any explosive by any ocher Beams.
15. "Resultant Peak Particle Velocity" shall mean a measurement of the
speed of oscillation of the particles of a medium when a shock wave
travels through the medium. The Resultant Peek Particle Velociey
shall be calculated as the vector sum of the peak particle velocity
in three ~utually perpendicular planes of motion aZ any one instant
~ECTION THREE: PERItIT KEQUIEED.
It shall be unlawful for any person zo acquire, possess, handle, dispose
of. store or use an explosive in Collier County without first obtaining a
Collier County ~ser/Blaecer Pez~ait" (hereinafter referred to es "Per~lZ")
issued pursuant to the provisioms oF this Ordinance. A Permit obtained by a
User in accordance with provisions of this &rdinance shall be sufficient to
authorize those blasters smd handlers who are employed or engaged by the User
and who ara fully disclosed to Collier County in accordance with Per, it
application require~ents and conditions of this Ordinance.
The following are exempt from the provisions of this Ordinance:
1. The United States Department of ~ha Tnterinr Bureau o£ Eimss, the
Federal Bureau of Investigation, the United States Secret Service or
the Collier County Sheriff's designated amployee/persounel and all
other law enforcement official~ acting in their respective official
capacities in performance of their duties. Thin exemption shall be
applicable only to the personnel of these agencies and shall not
apply to private contractors and subcontractors employed by these
agencies ·
O,..qO?,,.,. 08
2. The sale end deliver2 of explosives and the sale or use
py~otschnice (fireworks) in eccordence with applicable Collier County
o~d~saucas.
3. The transportation of explosivee through Collier Co~cy
re~i~ o~ ~he ~eder~ Depa~en~ o~ Transportation ~9C~ (~ode
o~ ?ederal Regu~c~} Parts 100 to 177.
~e A~d Forces o~ the U~Ced S~a~es or the Sca~e ~i~C~ ~.'
eu~iee ~ch ff b~lck p~der ~ ~ke~eee p~der.
Appl$~ ~ ~he CoarSer C~cy ~eer/Blee~er Pe~$C e~ll be pure.nC
to a le~er o~ applicaC~ fo~ ~he pe~Z el~ed by the User and ~ed
she C~cy ~ng~er'e O~ice. ~e application lesser shell deca~ the pu~oee
o~ ~e ~ ~ e~ll ~clude, ~c shall ~Z be l~ced ~o, the
~ ~ ~omci~ or, ~ere applicable, shall ~ve ~ch daea
~~ euchred aa ~ a~Cac~C. XC la no~ ~he ~en~ of
~nce ~o requir~ ~ applic~ ~o has prev~l~ ob~a~ a S~a~e
Flow~ ~eer of ~ploeivee" LLcen~e or nE~loetve B~l~er Pe~t' to aga~
pr~uce swivel da~a a~ ~fo~Cion Co,her Chart ~he ori~le requeeged
Al a~ ~ bel~) ~ vel lupplied ~ pa~ of ~he application p~oceee ~or the
SCa~e lice~e or pe~. Xn ~he even~ ~ha~ applica~i~ da~a or ~o~on
required by ~h~ Sec~iou has been previously supplied Co ~he Depar~n~
Nacur~ he~rcae, ~he eppliciu~ uy ~pply c~iee of ~ch ~o~
Collier County to fulfill the specific dace or informtion requirement.
A.
1.
2e
CENEEAL APPLICATION
A Collier County fingerprint informtion card ~hich ~ae been
co, pieCed by the User (or ica legal representative), all blasters
and handlers and shall include the following information~
a. Full na~e, address and the telephone number of the Ueer
b. A physical description of the User and all blasters and
handlers.
c. Fingerprints of the User and all Blasters and handlers.
d. The elAuature of the User and all blasters ~ handlers.
·ecent photographs of the User and all blaatere and haudlere.
~ncluding Section, T~h~p, and Range.
~. ~o daces ~ ~ich the blast.S ~s expected Co c~tnce a~
a~ s detailed e~h~cion of the reason ~ pu~ose o~ the bhscing.
5. Copies of the User's S~at8 of Florida ~ser of ~plosives" and
~E~los~ve Blaster Pem~" licenses a~ wh~ applicable
~~ura~ D~sCribu~ of E~los~ves" SCA~e o~ Florida
Lice~e ·
6. D~C~o be~een the blasting sics and ~11 neighbor~g
7. ~itC~ auchorizaCi~ ~ proof of auchor~ac~ fr~ ~he ~er of
chi sics, eeC~ins fo~h ~he ~e, address and ~elephone n~ber of
~r(s) ~ pr~idins (excep~ ~n indicated ~ n~ber 8):
· . lu~hcriza~i~ co blasC ~ the propeE~y; ~d
b. Au~hor~acl~ fo~ ~he County's personnel Co enter up~ the
property fr~ c~ co c~e ~ order Co car~ ~c
..a verify c~l~nce ~h ~he pr~istons si ~h~ Ord~nce ~d
~he blasc~
8. For ~eophyoical sel~ic opera~s, legal pe~isolon, ~hich uy be
~ho ~o~ of a lasso, ~l~cen pl~sl~ Of an ~lr of Chi
pe~fsi~ Co c~duc~ geophysical fslic optracio~ u8~t ~plosivem
for oil, ~ff, or minerals underly~s Che lands.
Ev~enco o~ c~l~ce ~Ch the ~urancm requtr~ncs as sec forth
in Sacc~n Ten of ch~ Ord~nce.
I0. Evidence of pe~iC appr~als, ~ere applicable, [r~ Ohm SCaCm
Flo~i~ Depar~c of Natural Resources, o~ other federal, scats
local agencies ~v~g Jurisdiction over ohm proposed
Il. A ~icCeu state.nC CbC Cbs UeaE ha read c~ OrdUre a~ agrees
Co co.ucc a~ blaec~ ~CiviCies ~ accord~ce rich chis Ord~ce
a~ all applicable County and SCats codes and
12. ~e ~. address, a~ celepho~ u~ber of the feis~loiis~
so.ices will be used if c~dici~ va~oC for Cbt duraCin st the
blast,S ac~iviCiee,
13. Verificac~u ct project develo~nC appr~al by Collier ~ncy
th blasting is Co be dona ~ conJuncC~ with ~ch
,oo 030,," iO
l&. Any ocher information or dies reasonably required and requseCed by
the County En$ineer or hie desiguee in order co fully revim~ or
svalt~aee any spec~l tire,stances or constderatto~
applicaC~ appr~al applicable co specific blaaC~ ~Ce(a). (Ocher
~omc~ or data required and requested by the County Eng~er or
his des~ee is not intended Co require the eu~isei~ of Ceophys~cal
~fo~Ci~ o~ dace ~en the c~fidencialicy of such ~fo~C~n or
da~ ~ protected by C~ ~v, Scare Statute or ~ ~n~CraCive
Rule peri,aced Chereu~er.)
1. A sics p~ sh~ cbs ~cended" bl.~cin~ locaCio~ and expected
paCte~ si e~los~. For ~eo~hysical sei~ic blasC~
l~aCion ~p shell be eu~cced ~ plea of the si~e
2. A full descripCi~ of the foll~A blast,S l~o~Cion: (~ cases
~ere a ~nufaccurer, distributor or dealer vho is acCin~ as a User
~ conjunction ~ch a c~rc~l excavation snd
representative(s) is ~rchas~ explosives and has a User's
tC s~ll be Ohs rsspo~lbtlicy of the site's User or bl~cer co
~pply ~he approp~e info~ion catai~td bsl~ to th~ C~n~y
Eng~eer [o~ review a~ appr~al prior to pl~ent of
~h~ th~ grou~).
Depth a~ n~sr of holes,
b, Size of tbs holes.
c. Size off the ~plosive charges.
d. ~ n~ber of pounds of e~losives per hol~l ~ pou~s
p~r de~y.
N~er of holes vhich ar~ pla~ed ~o bs sho~ e~h day.
~e of ~ic~;iou device to be utilized, i.e., blasc~g caps,
dec~c~ cord, acc.
~. ~e h~ o[ the day ~en blasCin~ ~1 occur.
h. ~ p~s per shoc vhen u~aCec ~oby
perto~d (l~ such info~Cl~ is applicable Co Chi blasCin~
activity.)
~en Aeophysic~l sei~c blasCin~ la ~o occur, the appl~ac~ eha~
~lep~ne n~ers of all ~l~e~s of ~he leophysical
a. The User able1 update the list and applicable information
should it become necessary during the gaophysical seismic
operation.
b. Tna User shall pro. ids a statement that all blasters and
handlers are ~nployed by the User and that the User accepts
full responsibility for the actions of all blasters and handlers
;-
vhlle engaged in tho course and scope of their enpleynent by
User. '
c. The User shall fils with the County Engineer, at the tine of
permit application, the sane, address, telephone number and
business affiliation of a third party observer(o) who users all
requirements of this Ordinance.
SKCTIO~ SIX: OBLICATION OF USER TO UTILITIES.
Prior to Fermis issuance the User shall sake appropriate arrangenents
with Ltl utility companies which say be affected by tho blasting to mininctza
the chance of danags to utility facilities. The User shall n~ify, at least
twenty-four (24) hours prior to blasting, all utility companies which have
focLlitiaa or equipment which say bo affected by the blas~ing.
SECTIOH SEVEN.* PERHIT APPLICATION REVIEW; APPROVAL, DZLAY OR DENIAL; APPEAL.
A. Upon submittal of the letter of application to the office of
County ~-n~ineer, processing shall com~nce.
1. A field review of the site say be required at tho discretion of the
Co~n~y Engineer or hie dasi~nes.
2. Chack~ say be performed by las enforceuent officials on all permit
requests and on the User, blaster or handler.
3. Prior to detonation of explosives, the need for any pre-blest
inspection survey(s) shall be solely the responsibt~ti~y and at tho
discretion of the User or blaster.
&. If the User or blaster has a pre-blast inspection survey(s) performed,
& ~ritten listing of s~ructures inspected shall be provided to the
County Engineer.
B. ~lthin ten (10) vorking days after a letter si application has been
fully completed, as de~srmined by the County Knginesr or his designee, and
submitted to the Engineering Department, the County Engineer or his designee
shLt 1 .*
1.
Approve the letts~: of application ami issue a Fermis with such
conditions, if any, vhich say be dse~ed necessary; or
2. Notify the Per~tt applicant, ia writing, of the reason(s) for the
delay or denial of tbs Parade.
a. If a delay is necessary, the reason(a) for the delay and any
additi~l required application infor,~ation ~cessary to
~he pu~ose and r~qui~ma~s of ~h~ Ordinate shall
sxpla~d ~o ~h~ applic~, ~ ~i~, sad s~ be fo~ardsd
by certified ~il, retu~ recetp~ requestedl
b. If sddi~io~l r~quired info--edom co~ist~u~
and pu~ose of this Ordinate Is requeeeed ~nd is not supplied
by the applicant ~th~ ~}ircy (30) d~ys after bein[ ~tified,
ch~ nocifica~ion of delay shall constitute I Notice of
C. ~en a Panic application has been denied by the County Eng~aer or
~ a P~C ~s been issued subJec~ ~o coadi~iou, ~h~ applican~ ~y appeal
nth d~cisia by filin~ I ~i~n ~o~ics of Appeal vi~h ~ht Board, vi~h I copy
to the Eng~aar~g Depar~enC, ~i~h~ ~ea (10) work.s days after
of ~ch d~l or co~iti~s. ~ith~ fxCy-five (1~) days a public hearing
sha~ be scheduled before the Board at which C~ the Board e~ll revi~ Chose
~Cs presented by Cbs applicant and ohs County Easiest a~ Ihll
deck.ne ~echer cbs applicaci~ il sufficient a~ ~ c~l~co rich chi
~~ of th~ Ord~ct. ~eraafttr~ the Board s~l eiChe~ ra~er a
dec.ia up~lding the dtctai~ of Cha County Eagerer or shill direct the
~Cy tnA~er Co ~auo the Pe~lc ~ch such sCipulaCio~,
dt~d n~ctssau by Cbt Board.
[E~ION E1~I ISSUANCE OF P~ITI PROHIBITIONS.
1. ~ch Pn~C issued by th~ County shall s~ fo~Ch~
full nm, dact of bir~h, address ~ t~l~ph~ ~tr of tht User
a~ any condi~io~ o~ ras~ic~ions plac~d up~ Ch~
C~ncy.
2. A P~C s~ll ba valid soltly for the us~ by the p~t~t
s~ no~ be Cransf~red or ~ssi~ ~h~ ~i~ Board approX.
3. ~o P~ sh~11 bn issued or ba allied to r~
~ural
a. Under ~ighte~ (18) year3 of age;
b. ~o has been convic~ed o[ a ftlony a~ baa ~ been pardoned or
had his civil rights rns~otedl or
c. ~o h~ been adjudicated mentally ~c~p~c~
his civil rights restored.
,oo, 030 '. 13
~tt~ ~ co~lt~ns, co~e~ ~h~ pr~vtntt~ of p~rso~l ~u~ Zola of
1~t ~ d~Is to p~ops~ty, as ~sll as th~ ~snaral consid~ra~ions of ~blic
he~, ~Jscy a~ yellers.
~ ~y Entreat ~y ~oas l~a~ions and co~i~io~ fo~ ~ach
1. A C~sh or ~u~s~y Bo~ or L~ar of C~sdl~ in such ~un~- as ~y bs
ds~d uscsssa~ by ~hs County Eu~in~sr o~ ~hs Board fo~ ~hs
~llisr ~uu~y ~d ~hs ~ of ~h~ ins~m~n~ shall bs such ~ha~
pr~ides for ~orfel~urs of ~he Bond or Credit up~ ~tten dmud by
th. County Engine= sp~ci/ying ~h~ public proper~y or
dmg.d and the ~unt of dmge. In ~he avant ~ha~ th~ ~pplicaa~
~s p=~ided a Cash or Surety Bond or Letter oi Credit
of ~lorida ~ fuliil~nt oi S~a~e licsns~ b~d requi~nts ~ the
County Eng~eer dare.nee chaC such secuzicy is h effec~ ~ such
~unC a~ c~e so as co pr~ide the ii.ariel p~oteccion required
bl th~ i~ctiou, th~ County End.esr sh~ll pe~t zhe
pr~ide ~ch cu~nC security rich an e~ors~enc ~ ~er ~ favor
of ~llier County.
2. · c~i~i~ l~t~ the ~un~ ~d ~. o[ ~plosive vhich ~y be
~ed at ~y ~a t~, ~ether fired or detoured ~,~ne~ly aa
a s~gle charge or by a delay series charge, as ~y ba dee~d by h~
resalable u~e~ ~he co~i~io~ exis~g ~ Ohs locale [or ~ich
Pe~ is issued.
~. A c~di~n requiring ~he User ~o c~duc~ a series oi
de~e~e ~ha~ vibra~io~ ara ~hin required l~i~a~.
Fr~ ~e co ~e ~o change, ~nd, ~dify or ~pose
reltrictivl condition and l~iCaCi~s if circ~tancil and
c~tt/onl sc and surrou~tng Chi stt~ area conce~d so varec or
prov~ ~o be necessa~ ~ order ~o ca~ ou~ ~he purpose fo~ ~ich
the co~lCio~ a~ li~tatione vets ~osed.
14
I0
C. If such conditions and limitations are fouod by Ch· County Engineer
~o be r~o restrictive, he say modify them accordingly within cbs bounds of
purposes for which they were imposed~ provided, however, the imposed
limi~atim and conditions as to the amount of explosives per~ittsd in any
Permit shall not be increased by the County Engineer until end unless
per~ittee shall first demonstrate to the satisfaction of the County Engineer
~'.
by du· and proper proof that the desired increase would not in amy event
result in · "resultant peak particle velocity" in excess of that prescribed in
Section Thirteen (E) (1).
D. To verify the use of an amount of explosive which will result in
vibrations up to hut not exceeding the required '.limits of this Ordinance. the
County Engineer shall require that the User provide a ~inimuza of one (1)
continuous monitoring seismic instrument for use during the daily blasting,
segments to ascertain tha~ described limits are not exceeded at the nearest
building or structure. The User shall he responsible for all costs incurred in
providing such monitoring.
Io The seinic inseam·ne shell be placed at · location either on the
blasting site or the instrument say he relocated to an off site
location.
2, The County Engineer or his designee shall be advised of the
instrument' s location.
3, The results frma the seimaic instrument shall be provided to and
analysed By a seis~ologist who shall sign the results of his
analys~.
All original records of the seismic analysis will b· the property of
the User but · copy of the seismic results and/or analysis shall be
furnished to the County Engineer with full and cmaplste and
supporting data et monthly intervals or upon demand,
5. Each instrument shall be frequently checked to insure proper
operation and shall be calibrated annually. No:ification of the
calibration date shell be supplied to the County Engineer.
6, The County Engineer is authorized to waive the requirement for ·
continuous monitoring seismic instrument if the County Engineer
determines that the inatru~ent is unnecessary as · result of
existing ~onitoring data or in the event that there are no probable
~dverse impacts due to the remote and isolated location of the
blasting.
1!
SECTIO~ TI~; INSUR.~CE.
A. The County Ensinasr, as a coadit~on to the issuance of a Par~tt,
shall require evidence of l~surance coveraSe to protect the applicant, Collier
County end ~he public as follows:
1. ~orkersv Co~penaation as required by Ylorida Law.
2. Co~prehenaive General Liability (including, but not limited to
Explosive ~zard, Collapse Hazard, Underlround Property.' De, ga,
Contractual Liability) - bodily injury, personal injury: .$500,000.00
each occurrence and agsrsgateI property damage: $500,000.00 each
occurrence and
3. Additio~l coverage as --y ba required dependin$ on special
circuas fasces.
B. A Certificate of Insurance shall be provided to the County
to confirm Chat the above insurance coverage vi11 be in affect durinS the
entire period of blasting. The insurance coverage shall not be cancelled or
changed without a mininvm of thirty (30) days prior tr£itten notice to~ the
County Ensinaar.
SECTION ELEVEN: FEES.
A. The following non-refundable, non-transferable permit application
fees shall be applicable to all permit applications submitted after the
effective date of this Ordinance:
I. A fee of fifty dollars ($50.00) per ei~e will be charsed for
issuance of a 30-day Permit. If it ia necessary to renew the 30-day
Permit a renewal fee of fifteen dollars ($15.00) per site will be
charged and shall only be renewed twice for the a~ne site.
2. A fee of two hundred fifty dollars ($250.00) per site will be
charged for issuance of a yearly Permit.
3. A fee of ten dollars ($10.00) will be charsed for each handler who
assists the User or blaster in the use of explosives. It shall ba
the User and blaster's responeibilit~ to ensure the handler
permits ara kept current wl~h the County Engineer.
&. Permit fees nay be waived in those cases where blaetin~ ie to be
performed for a governmental agency.
B. An After-the-Fact Peruit may be granted, at the nolo discretion of
the County Enzinear, where it is verified that the applicant has eubnttted all
application infozlation required by this Ordinance and said applicant vould
12
have been sranted a Persia pursuant to an original application. The following
fees and conditions shall be applicable to an After-the-Fact Persia:
1. One thousand dollars ($1,000.00) for the issuance of the Permit; and
2. A One hundred dollar ($100.00) fine per detonated shot; and
3. Correction of all applicable damages caused by the Blasting; and
&. A six (6) month moratorium for the User and blaster on future Permit
application requests within Collier County~ . 4
The issuance of an After-the-Fact Permit or the pay=est of an Al'tar-the-Fact
Fer~tt fen shall not prevent or prohibit the County from imposing or pursuing
~uch other administrative, civil or criminal penalties as may be deemed
approprinta.
SECTIO~ Th'~LVE~ INFORMATION A~'D REqUIRZHI~TS DURING A~D SUBSEQUENT TO
GEOPHYSICAL S£ISHIC BLASTING.
As For geophysical seismic blasting and under such other circu~tences
a~ ~ay be specified by the County ~ngineer, the following requirements shall
be mpplicahle during blasting operations:
1. The User shall provide · location ~ap of all intended shot points
aloes all subway l~nes to the County Engineer prior to drilling and
loadins any shot holes. The location ~p shall ba appropriately
keyed ~ith symbols and shall be on a aerLal photographic base at ·
scale of one inch (1") equals 400 f~ et.
2o The User shall provide, at his expense, an ~dependent third party
observer(e) who shall be thoroughly fas~liar ~lth applicable County
ordinances, the rules of the State Fire ~rshal and current Stats of
Florida Department of Natural Resources 8eoph~stcal rules and ehall~
when practical, meet ell Florida State Police Board Standards. The
third party observer(s) shall witness the drLlling, loading, shooting
and pluggin~ of all holes detonated by the User and shall uintain a
shootin[ log book as required by the Department of Natural Resources.
In addition, no remedial operations to neutralize an undeconatad ehoc
hole shall take place without the observer(s) also witnessing the
activity. The name, address and telephone number of the independent
third party ob=erver(s) shell be provided to the County Enginsec
prior to the coumeucement of blastint operations. ~here any
requirement of this Subsection is ~-ndated by Stats StatuS8 or
Adsinistrmtive R~Ie as part of State licensing rmquirmnts, the
applicant say comply with the raquire~nts of this Subsmct~on by
,oo, 030.'.: 17
prowling copies of naterials or data supplied to the State of
Florida in fulfillnent of the State's requirement.
3. Appropriate signs shall be placed at intervals along the shot line
to advise all perso~ of an explosive hazard.
~leCe copies of files on ~he n~bar of blascin~ caps used and
~unds of explosives used on each sho~ line shall be pr~ided ~o the
County End,ear. ·
5. ~era necessa~ due ~o cerra~ or unusual geographic
Cra~po~ati~ to a~ fr~ the blast site shall be provided by the
User for ~y County official atrial h their respective official
capacities ~ ?erio~uce of their duties that is required Co visiC
the site for any pu~ose.
B. ~ foll~ng requirements shall be applicable subsequeu~
b~t~A operacio~:
1. Within fifteen (15) days after c~pleci~ of each shoc line, a
~ey base line and exac~ sho~ points ~sc be established for
future relocation of each shoc hole. ~a sudsy ~st have s
closure of 1:5,000. Such sudsy shall be ~de ~ relation to the
~arest secci~ line or other appropr~ce line of d~rcaci~ es
to i~ure proper relocati~ of eho~ holes in the future. Legible
copies of all field books and computations shall be suCCeed to and
retained by the C~ncy Engineer. In the event that sudsy da~a
r~eals tha~ blasting has occurred aC other than the pe~it~ed
location, the C~ncy Engineer is author~ed ~o require
Af~er-~he-Fact Pe~lt application for ~he area where the
~n ~aken place and to require any a~ all ac~io~ by the User to
c~ly vi~h ~he in,eec and purpose of ~his Ordi~nce. The County
Kng~eer is further authorized, h~ever, to waive ~he pe~i~ fee for
an Af~ar-~he-Fac~ Pemi~ application where iK ia deKe~ned that ~he
User has relied in good faith on i~ccura~a sudsy da~a or i~ the
Co~y Eng~eer demesnes ~ha~ specific si~a condl~ r~der the
fee l~pplicabla or u~ecensa~.
2. ~e User shall certify in wri~in~ tha~ ~ha S~a~e of florida's Bureau
of Ceology's field office representative is sa~iafied ~ha~ all o~ers
~ ~ose p~operty blasting opera~i~s have occu~ed, have been
properly restored including, bu~ no~ l~i~ed to, r~al o~ pin
18
14
flags, wire and trash from the site, and that all de£onated holes and
ruts have been backfilled to surrounding grades.
SECTION THIRTEEN: RESTRICTIONS ¥OR TEE USE AND HANDLING OF EXPLOSIVES.
A. Detonation of explosives shall normally be limited to the hours
baleen 8:00 a.m. and 5:00 p.m. The County Engineer may reduce or waive ~his
tim~ fram~ due to existing site conditions/locations or may extend this time
fram~ to all daylight hours for sites remote from residential de~-~lopmenc.
B. Detonation of explosives shall not occur on Sundays.. or legal
holidays. An exception may bs granted for geophysical seismic operations or
vh~n Justification ia submit~ed im writing by the User and is subsequently
reviewed and approved by the County Engineer.
C. Should structures which are expected co receive a resultant peak
particle velocity in excess of acceptable standards as indicat~d below require
evacuation or in o~her circumstances in which evacuation for an extended period
of time (more ~han two (2) hours) is required, the User shall notify the
Collier Couvty Sheriff's Office by telephone a minimum of twelve (12) hours
prior to commsucsmsnt of the evacuation.
D. Twenty-four (24) hours prior to detonation of explosives or
applicable aegmsnts ~hereof, the User or blaster shall orally notify the
County Engineer and specify the lo~ation and proposed ti~e of such blaa~ing.
Engineer under special
This tim~ limit may be valved by the County
circu~stances such aa underwater doby detonations,
E. Rasultant Peak Particle Velocity. ~
1.
Except as noted below, it shall bs unlawful for any person to blast,
fire, detonate or use any amount of explosives which would result in
a "resultant peak particle velocity" sxceeding the requirements sho~n
below on the following properties:
ae
Heasured ac:
Nearest residence or
unoccupied detached
structure (shed, barn, garage)
not o~ned or controlled by the
User
Maximum Velocit~
0.75 inch per second
b. Nearest commercial bldg.
0.75 " " "
Nearest ground water level
moniuor well or production
water well
0.75 " " "
de
Nearest permanent structure
nther than (a and b) above 1.5
(bridge, tunnel, tower,
pipelins, water control
15
Exception: Upon written request, the County Engineer may authorize the
"resultant peak par:icls valoci:y" exceeding the a£orsmsntio~ed l~l:a vhen
vibration levels specified in the lltema~ive Blasting Criteria of Cbs United
S~a~aa Bureau of Mines ~po~ and Inveaci$a~ions No. 8507, S~ruc~ure Response
s~ Dmge Produced by Ground Vibration from Sub,ace M~e Blasting a~e used.
~. Explosives shall no~ be abandoned or left ~ an unsecured location.
G. In ~he even~ ~ha~ a char~ed/loaded hole does hoc de~onate,~'~he User
or blaster shall ~a~ whatever action is necessary under ~he. conditions
prevailin~ a~ ~he ai~e ~o neutralize ~ha misfi~e the a~e da~e as placed and
prior ~ the continuance of loading/drilling more holes. Should the depth of
~he e~loaiva be such as ~o prohibit recove;~ or neu~ralizacion ~he s~e da~a
as placed a~ ~he explosive is i~re~rievable or neutralization is ~prac~able,
the User shall ensure ~haC ~he charged/loaded hole's location shall be
doc~ed ~d no,ed u~iliz~ exis~in$ land~rks ~o lacili~ace re~um co the
loca~i~ aa necessary, and wi~h ~he actual pinpoin~ location by sudsy provided
~o ~he County
H. Prio~ ~o the de~ona~n of any explosives wi~h~ c~rcial
~cavaCi~ a~ du~ing ~he c~rsa o~ the day's blaa~g acCivi~iea~ a wa~ing
si~l such as a horn or siren, audible aC adJacen~ properties, shall be
sounded a min~ of one (1) minute prio~ ~o de,one,ion and an all-clear
sig~l shall also be sounded upon c~ple~ion of the blaa~(a). ~is wamin$
si~ s~ll be of sufficien~ duration (a min~ of ~hir~y (30) saco~s) Co
all~ c~plece aler~ of all individuals adJaceu~ ~o the blase area.
~. Blasc~g caps shall no~ be loaded ~hrough the Drill S~eel, also
~ as ~he "Kelly Ba~".
3. A record of blas~ gaCa shall be recorded on daily bl~ logs.
~a logs shall be ~cained by the User or blaster on an approved fo~ wi~h
copies of ~he c~ple~ed logs submitted ~o ~he County Enginee~ monthly
o~he~ise ~aques~ed.
K. ~erspray from all detonations shall be contained a~ ~he blas~ si~a.
L. M1 explosives placed in the g~ound muse be de~o~ed ~he s~a dace
aa placed ~ ~a~ no~ be left ~ ~he ground ove~gh~. If condi~iona so
wa~ and wi~h Jua~ifica~ion the County Engineer ~y authorize "sleepers"
provided ~ however ~
a. ~e County Enginee~ receives vezbal and roll,ed by
approval fr~ ~be Bureau of Explosives and Fire Equi~en~
Office of ~ha S~a~e Firs ~zahal, Tall~assee, Florida; ~d
20
b. The Collier Count7 Sheriff's Office receives verbal information
confirming the location/condition of such "sleepers"; amd
c. The User utilizes night security along with taking other
appropriate protective safeguards.
(~) Exception for Ceophysical Seismic Users - For geophysical
seismic operations, overnight security shall mot be
required when the explosives are loaded at 'a.depth that
avoids deformation of the ground surface upo~.getomation;
provided, however, that the explosives are locked in the
hole at ~be intended depth of burial with a borehole
anchor and/o~ a sealing material to prevent removal.
SECTION FOURTEEN: SALE OR DISPOSAL; INVENTORY; THEFT OR ILLECt& USE.
A. Sale or disposal to person without Permit.
1. It shall be unlawful:
a. For any person to sell or otherwise dispose of any explosive to
any other person who does not have a valid Permit.
b. To dispose of any explosive not owned by the User, without
providing a minimum of twenty-four (2~) hours prior notice to
the Collier County Sheriff's Office and the County Engineer.
B. Inventory.
i. Every User having any explosive in hie possession, dominion or
control shall have on file a schedule or inventory form accurately
setting forth the quantity and description of such explosives.
C. Reports of theft, illegal use or loss.
1. In the event any explosive ia stolen, misplaced or lost or there are
unexplained shortages, such occurrences shall be reported
immediately after discovery to the Collier County Sheriff's
Office and the County Engineer. Within twelve (12) hours after
discovery, in accordance with Florida Statu~ee 522.113, notification
shall be given co tbs Bureau of Explosives and Fire Equipment Office
of the State Fire Marshal Tallahassee, Florida and within
twenty-four (2t) hours after discovery notification shall also be
given to the Federal Bureau of Alcohol, Tobacco and Firearms'
nearest office.
investigation has been made end the scene released b7 the
investigating agency.
SECI~IOH FIFTEEH: REVOCATION AND/OR SUS?£HSION OF PEP. HIT.
A. Permits may be revoked and/or suspended by the County Engineer for
the following reasons:
1. Noncompliance by the User, his agents or emplo~e~s~ Nith any
directive of the County Engineer relating to the' P.erm/t, the
permittinB process, Permit lim/tationa, stipulations or conditions,
or any related matter.
2. The County Engineer determines tha't the blasting has caused actual
personal or real property damage to a party other than the User or
Blaster and determines that a suspension or revocation of the permit
ia necessary to investigate and/or remedy the blasting sctivitiea
resulting in the damage.
3. In the event that false information vas given or a misrepresentation
was made to obtain the Permit.
4. In the event the persitee is a fugitive fzom Justice.
5. In the event the permittee has been Judicially determined to be
mentally incompetent.
t. Violation by the permittee of any provision of any explosives law or
resulatton or provision tn this Ordinance.
B. ~hen a Permit ia revoked and/or suspended by the County ~ngineer,
the Permittee shall be notified of the revocation and/or suspension and the
reasons therefore, in ~r~iti~g by certified mail, return receipt requested, or
such notification may be hand-delivered to the User or blaster at the blasting
site. Such revocation and/or suspension shall be effective immediately upon
receipt, if by mail, or immediately upon hand delivery. In the event,
however, the County £n~ineer deems it necessary to protect the health~ safety
or welfare of the public or to prevent probable damage to private or public
property, the County Engineer may orally direct the suspension and/or
revocation of a Permit. Such revocation and/or suspension shall be effective
immediately end written notice shall be provided to the Permittee by certified
mail within five (5) working days thereafter.
C. Upon such revocation and/or suspension of Permit, the County
Engineer shall provide notice to the Collier County Sheriff's Office and such
other age~ciee as he may deem appropriate.
-?.
D. ~hen a Permit has been ravoked and/or suspended by the County
Engineer, tha Parmittea may appeal such decision by filin$ a written Notice of
Appeal with the Board, with a copy to the Engineering Depart-merit, within ten
(I0) working days a/tlr notification of such revocation and/or suspension.
Within forty-five (&5) days after thc filing of the Notice of Appeal, a public
hearing shall be scheduled before the Board. At such hearing the Board shall
review those facts presented by the Pemittee and the County Engineer and thc
Board shall theraafter detarmine whether the revocation and/or suspension vas
in accordance with the provisions of this Ordinance. Thc Board shall render a
decision upholding thc decision of the County Enginaer or shall diract
County Engineer to lift and remove the revocat, ion and/or suspension of the
Permi:.
E. In the event that a Pemit is revoked and/or suspended by the County
Entineer and, if appealad, such revocation and/or suspension is uphald by the
Board, it shall be necessary that s new application be subaitted to and
approved by the County Engineer. Such approval shall be in accordanc~ with
the provisions of this Ordinauca unless the County inginaar datermines, in
writing, that such new application is unnecessary and does not further the
intent and purposes of this Ordinance. Such determination by the County
Engineer shall become part of ~ha permanent permit
SECTION SIXTE~I: AUTHORITY VESTED IN COUNTY ENGINEER.
The County Engineer ia vested with the authority to admiuis~er and
enforca the provisions of this Ordinance aM ia authorized and directed to
take any ac~lou authorized by or contemplated by this Ordinance to insure
compliance with or prevant violation of the provisions of this Ordinanca.
SECTION SEVENTEEN: PENALTIES.
Any firm, partnership, corporation, individual or other entity who
vinlataa the provisions of this Ordinanca, or fails to co~ply with any
requir~ment of this Ordinanca, shall ha ~uilty of a misd~esuor and, upon
conviction thereof, shall be fined or imprisoned, or both, as provided by
and in addition shall pay all costs and expenses incurred in thc prosecution
of such violation. Each violation and each day that a violation continu~s
shall constituZe a separate offeusa. In addition, and aa au alternative
o£ enforcameut, Collier County may enforce ~ha provisions or raquiramenta
this Ordinance by means of any available civil remedy in a court of compat~
Jurisdiction.
SECTION EICItTEEN: EFFECT OR PKEVIOUSLY ISSUED PERMITS.
Tbs provisions of the Ordinance shall govern all Permits issued after the
effective data of this Ordinance.
SECTION NINETEEN: El[PEAL.
Collier County Ordinance Nos. 73-11 and 82-94 are hereby repealed in
their entirety.
SECTION TWENTY: CONFLICT AND SEVEKABILITY. ~'
Iu the event this Ordinance conflicts with any other ordinanc~iof Collier
Councy or other applicable law, the more restrictive shall apply. If any
phrase or portion of this Ordinance ia held invalid o~ unconstitutional by any
court of competent Jurisdiction, such portion .shall be deemed a separate,
distinct and independent provision and such holding shall not affect the
validity or constitutionally of the remaining portion.
SECTION TWENTY-ONE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the
Secretary of State that chis Ordinance has been filed with the Secretary of
State.
PASSED A~D DULY ADOPTED by the ~oard of County Commissioners of Collier
County, Florida, this ¢~ day o~~ 1988.
r
· .,~ST ~ ':.
2/17/88
BOARD OF COUNT~ COMHISSIONERS
COLLIER COUNTY, FLORIDA
ARROLD LEE GLASS, Chairman
This ordinance filed wlth the
cr~fa~/of $/~e's Offlc~ ~
flll~l~ ~1~
0
1330 24
2O
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
Ordinance No. 88-12
which was adopted by the Board of County Commissioners on the 9th
day of February, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of Cobnty
Commissioners of Collier County, Florida, this 18th day of
February, 1988,
Clerk of Courts
Ex-officio to ~
By: Virginia '~'~