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Ordinance 73-11Rlcl~nr) (DIcx) (gOdll 488-3~8 July 27, 1973 Mr. Ben D. Driver, Fiscal Officer Board of County Commissioners Collier County Courthouse Naples, Florida 33940 Dear Mr. Driver: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of July 25, the originals and official copies of Collier County Ordinances Nos. 73-11, 73-12, and 73-13, which were filed in this office on July 27, 1973. The original copies showing the filing date are being returned for your records. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/eh Enclosures BOOK I PAGE 227-A ORDINANCE NO. 73-11 AN ORDINANCE INCORPORATING BY REFERENCE CHAPTER 552 OF ~IE FLORIDA STATUTES AND THE ADMINISTRATIVE RULES ADOPTED THERE- UNDER; AND FURTHER REQUIRING A BLASTER AND A USER PERMIT ISSUED BY ~{E COUNTY ENGINEER PRIOR TO POSSESSION OR USE OF CERTAIN EXPLOSIVES, PROHIBITING USE OF EXPLOSIVES DURING CERTAIN HOURS, RESTRIC- TING USE OF EXPLOSIVES IN CERTAIN LOCATIONS, PRESCRIBING PENALTIES FOR VIOLATIONS, PRO- VIDING A SEVERANCE CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Congress of the United States of America has enacted the Contract Work Hours and Safety Standards Act as 40 U.S.C. 333 and the Secretary of Labor has caused to be issued Sections 1926.900 - .914 of the Safety and Health Regulations to protect employees from certain hazards of explosives, and WHEREAS, the Legislature of the State of Florida has enacted Chapter 552 of the Florida Statutes, which encourages local regu- lation, and the State Fire Marshal has issued regulatory rules designated as Chapter 4-A-2 pursuant thereto to regulate the manufacture, distribution, storage and use of explosives, and WHEREAS, the National Fire Protection Association of 60 Batterymarch Street, Boston, Massachusetts 02110 has published a Code for the Manufacture, Transportation, Storage and Use of Explosive Materials, and WHEREAS, it is well-known that explosives represent a hazard to ,life and property and their improper use can detrimen- tally affect property values and the peace and tranquility of the community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: 1. Incorporation .by Reference. Chapter 552 of the Florida Statutes as amended, the Administrative Rules and Regulations issued by the Florida State Fire Marshal as Chapter 4-A-2 of the Administrative Regulations as amended, Sections 1926.900-.914 of the Rules and Regulations issued by the United States Department of Labor Occupational S~fety and Health Administration on December 11, 1972 as amended and the 1972 Code for the Manufacture, Trans- portation, Storage and Use of Explosive Materials as adopted January 23, 1964 and revised December 9, 1969 as amended, a copy of which is filed with the Clerk of the Board of County Commissioners and may be obtained from the National Fire Protection Association, 60 Batterymarch Street, Boston, Massachusetts, 02110 are hereby incorporated by reference and made a part hereof as though set out fully herein. The provisions of. this Ordinance and these Laws, Rules, Regulations and Codes are cumulative. Should this Ordinance or the National Fire Protection Association Code conflict with any provision of State or Federal Law the more restrictive shall , apply. 2. Definitions and Scope. The definitions contained in Section 4 A-2.02 of the Florida State.Fire Marshal shall be used for the purposes of this Ordinance. 3. Permit Required. a. It shall be unlawful for any person to acquire, possess, purchase, handle, dispose of, store or use an explosive on any site without first obtaining a permit issued under and pursuant to the provisions of this Ordinance. This Ordinance shall not relieve any person from compliance with Chapter 552 of the Florida Statutes and all rules and regulations by the State Firs Marshal. b. A user shall first obtain a "User Permit" from the County Engineer's office to purchase explosives, to store explosives and have blasting done at an approved site. c. A blaster shall first obtain a "Blaster Permit" from the County Engineer's office to use explosives and blasting agents at an approved site. 4. Application for Permit} Issuance: a. Each application for a "User Permit" or "Blaster Permit" shall be filed with the County Engineer's Office (Engineer) " and shall detail the purpose for which the permit ts sought, the full name and address of the applicant, his physical description, his fingerprints, the number and date of issue of his current State permit, the location or locations where the blasting ts to be done, and the distance between the blasting location and improved property, and other information prescribed by the County Engineer, and shall be accompanied by an accurate photograph of the applicant. Such application shall be stgn~du and sworn to by the applicant. b. No permit shall be issued to any person under the age of twenty-one years, or who is addicted to the excessive use of alcohol, narcotics, drugs, stimulants, or depressants, or who is mentally incompetent, or who ts a member of any subversive organ- tzation, or who has been convicted of a felony. c. Permits shall be issued only to persons of good moral character. The applicant must demonstrate h4mself to be com- petent and familiar with the explosives to be used and with the operations to be performed by a written examination prepared and administered by the Engineer in accordance with requirements established by the National Fire Protection Association. The burden shall rest upon the applicant to establish his qualifications for a permit. The permit issued hereunder shall show the purpose and location (s) for which tt ts issued and the period of time for which it is valid. d. The CountY Engineer is hereby authorized to issue monthly or annually "User Permits" and "Blaster Permits" only to persons who hold similar permits required by Florida Law, meet the require- ments of this Ordinance, and only after payment of a fee of one dollar ($1.00) per month or ten dollars ($10.O0)per year. Exception: The issuance of a User's Blasting Permit shall not authorize blasting in any area where prohibited by zoning regulations or other law, and shall be limited to the location designated in the application; provided, however, that 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 percent (40%) dyna- mite, the County Engineer is authorized to issue a blasting permit for the use of such amount of explosives without the same being limited to a particular location; provided, further, that the firing, detonating or exploding of any quantity of explosives on or against a boulder, rock strata, stump, tree or other object, or on the ground surface or in the open air and not confined in a bore hole or any blasting commonly referred to as mudcapping or adobe blasting, is prohibited unless upon application and the payment of the required fee a user is granted a special user's per. it for each location where such blasting is to be performed. 5. Violations of State laws deemed violation of this chapter; Rovocntion of permit. Any person who violates any of the provisions of Chapter 552, Florida Statutes, or of the regulations of the State Fire Marshal shall be deemed to have violated the provisions of this Ordinance, and may be prosecuted by the State's Attorney. Permits issued hereunder shall be revoked for violation of this chapter, the State law or of regulations by the State Fire Marshal. 6. Sale and Inventory: a. Sale to person without permit. It shall be unlawful for any person to sell or otherwise dispose of any explosive to any other person who does not have a valid permit issued hereunder. b. Inventory, reporting. Every user having any explosive in his possession, dominion or control shall file with the Engineer on the 15th day of each and every month, a schedule or inventory accurately setting forth the quantity and description of such explosives on a form prescribed by the Engineer. 7. Use and...Handling 0f..Explosives: a. Blasting shall be limited to the hours between 8 aom. to 5 p.m. except that the County Engineer may extend the blasting time to all daylight hours for sites remote from re~idential development. Blasting shall not be done on Sundays or legal holidays except in emergencies invol- ving the health, safety and welfare of the public. b. Twenty-four (24) hours prior to blasting within one-half (1/2) mile of dwellings the blaster shall notify the County Engineer specifying the location and intended time of such blasting. Oral notice shall be confirmed with written notice. In an emergency this time limit may be waived by the County Engineer. 8. Particle Velocit~ and Amplitude: It shall be unlawful for any person to blast, fire, detonate or use any amount of explosives which would result in a "vector sum particle velocity" in excess of 1.0 inch per second or a vector sum amplitude in excess of 0.030 inch when measured on the ground at the nearest building or structure not owned by the user, or when measured at a distance of 5,280 feet from the blast when the nearest structure not owned by the user is more distant than one mile from the blast. The use of any explosives that result in a greater "vector sum particle velocity" or a greater "vector sum amplitude" than des- cribed above constitutes a public nuisance and thorefore is detri- mental to the public health, welfare, and safety of this.County. It is recognized that any blastin~ operation resulting in a "parti- cle velocity" not exceeding 2.0 inches per second measured as des- cribed above will not necessarily cause structural damage. 9. Limitations and conditions: a. The County shall impose in each blasting permit issued, limitations and conditions as to: 1) Days and hours when blasting is permitted; 2) The period of time for which it is valid; 3) 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 by him reasonable under the conditions existing in the locale for which the permit is issued. The County Engineer may conduct a series of tests witnessed by neighborhood property owners to determine acceptable limits of vibration. b. In determining and imposing such reasonable conditions and limitations the County Engineer shall consider preventing damage to property, personal injury, loss of life, and protec- ting the public health, welfare and safety and the reduction of ndisance. c. The County Engineer is authorized from time to time to change, amend or modify the conditions and limitations for the purpose for which imposed if changing conditions or circum- stances require after first considering the guides above enumerated. The County Engineer may impose more restrictive conditions and limitations if circumstances and conditions in the area concerned so warrant or prove to be necessary in order to carry out the purpose for which the conditions and limitations were imposed, and in like manner, if such Conditions and limitations are found by the County Engineer to be too restrictive, he may modify them accordingly within the bound8 of the purposes for which they were imposed; provided, however, the i~posed limitations and conditions as to the amount of explosives permitted in any permit shall not be increased by the County Engineer until and unless the permittee shall first demonstrate to the County Engineer 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 1.0 inch per second or a vector sum amplitude in excess of 0.030 inch prescribed hereof, and the County Engineer 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 and it is the intent of this Chapter to permit the use of an amount of explosive which will result in vibrations ~lp to but not exceeding the above-described limits. d. If deemed necessary, in accordance with the above, the County Engineer may require the blaster or user to pro- vide, at his cost, a continuous monitoring seismic instrument at.each site. Such instrument may be removed from a site, after written notice has be~n given to the County Engineer when the blasting at that site has been completed or inde- finitely suspended. e. 1) Becords of instrument readings taken as required by Section c. and d. shall be analysed by an independent recognized seismologist or vibration engineer and shall be reported by him to the County Engineer with full and "complete details monthly or upon demand. 2) All original records will be the property of the blasting company with a copy certified by a seismologist or vibration engineer furnished to the County Engineer. 3) Each instrument shall be calibrated annually, pre- ferably on a shaking table, and such calibration certified except for instruments which are certified as self-cali- brating. 10. Appeals: from refusal to issue permit and from'revocation of permit; public hearinzi.waiver of prior conviction. a. Any person who is denied or refused a permit or whose permit has been conditioned or revoked by the County Engineer may appeal to the Board of Zoning Adjustments by filing a written petition setting forth the reasons why his application for a permit should have been granted within thirty (30) days after the applicant receives notice that his application for a permit has been denied, refused or revoked in accordance with Sections 28.14,.15,.16,017 and .18 of the Code of Collier County, Florida. b. The Board shall conduct a public hearing to deter- mine if the applicant qualifies for a permit. The Board shall not grant a permit, unless it finds and determines that the applicant is qualified under the provisions of Section 4. The prohibition against issuance of a permit to any person who has been convicted of a felony may be waived by the Board, provided that such.conviction occurred more than ten (10) years prior to the date of filing the application, and the applicant has rehabilitated himself completely. SECTION TWO: Severabilit~. It is the intention of the County Commission that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the County Commission that if any pro- visions of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. SECTION ~IREE: Penalties and Enforcement. Any person, firm or corporation who violates any section of this Ordinance shall be prosecuted and punished as provided by §125.69 of the Florida Statutes. The Board of County Commissioners, the County Engineer, or any aggrieved or interested person may bring suit to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. The County Manager is vested with the authority to adminis- ter and enforce the provisions of this Ordinance and is authorized and directed to take any action to insure compliance with, or prevent violation of the provisions of this Ordinance, and he shall have authority to issue administrative stay orders. PASSED AND DULY ADOPTED by the Board of County Com~issioners of Collier County, Florida, this 17th. day of July, 1973. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ' 'i "/,":L.. , / ~~?.'.,..~/Cot i ' · .?'~.:N//~'~,,~::;'~k'.;~ Approved as to form and legality: :,.~ .,,'/~}-,' .... .. . ",~ ,' ~ ',; ~ ",t~z'.,.". % ,' David ~erson Brunet , ,,,, ~..~l,,.. Collier County Attorney '". ,,,'/,...L...