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O-88-2330 - 3/24/1988ORDINANCE NO. 2330 AN ORDINANCE AMENDING CHAPTER 5, SECTION 2, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS; BY AMENDING REQUIREMENTS FOR BLASTER'S LICENSES; BY AMENDING REQUIREMENTS FOR LICENSE FEES AND LICENSE EXAMINATIONS; BY AMENDING CERTAIN REQUIREMENTS FOR BLAST MONITORS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 5, Section 2.C., Code of Ordinances, City of Round Rock, is hereby amended by deleting paragraph (11) and substituting the following as paragraphs (11), (12) and (13): (11) Class D Permit. Class D Permit is an instrument indicating approval by the City Engineer or his designee for the use of explosives or blasting agents as required by Subsection D(1)(c), at the specified location for a period of ten (10) days from the date of issuance. (12) Blaster's License. Blaster's License is an instrument issued by the City Engineer, or his designee, authorizing certain individuals to engage in the loading, firing, and supervision of the loading or firing, of explosive materials in accordance with pertinent ordinances, resolutions, and regulations in the City of Round Rock. (13) Inhabited Building. Inhabited Building is a building regularly occupied in whole or in part as a habitation for human beings, or any church, school, railway passenger station, store, airport terminal for passengers or any other building or structure where people are accustomed to congregate and assemble, but excluding any building or structure occupied in connection with manufacture, transportation, storage and use of explosives and blasting agents. II. That Chapter 5, Section 2.G., Code of Ordinances, City of Round Rock, is hereby amended by deleting paragraphs (1) and (2), and substituting the following: (1) Blasting Licenses. No person shall engage in the use of explosive materials within the City of Round Rock unless that person is a licensed blaster or is under the direct supervision of a licensed blaster. Any person engaging in the use of explosives who is not a licensed blaster or working under the direct supervision of a licensed blaster, or who violates any provision of this section, shall be subject to the criminal sanctions imposed for violations of this Code. No person shall engage in the use of explosive materials within any area determined by the Fire Department to be so congested that only specialized, controlled, and technical C22ORDCHAP5 blasting can ensure public safety unless such person has a Class "A" blaster's license. Such congested areas shall include downtown Round Rock, areas in and adjacent to schools, hospitals, and densely populated residential areas, and other areas in which blasting would pose a high risk of damage to property or injury to the public, except as permitted by other sections of this article. The necessity of the appropriate blaster's license shall be determined during pre -construction planning by the City Engineer or his designee. Further, the City Engineer or his designee may accept an appropriate blaster's license granted by another municipality if said municipality has agreed to accept blaster's licenses issued by the City of Round Rock. (2) Classifications of Blasting Licenses. There shall be four classifications of blasters: Class "A" blaster; Class "B" blaster; Class "C" blaster; and Class "S" blaster. In order to obtain a Class "C" blaster's license, the applicant must satisfy the requirements of sub -paragraphs (a) and (b) of this subsection. In order to obtain a Class "B" blaster's license, the applicant must satisfy the requirements of sub -paragraphs (a) and (c) of this subsection. In order to obtain a class "S" blaster's license the applicant must satisfy the requirements of paragraphs (a) and (e). (a) General Requirements for all Blasters. In order to obtain a blaster's license of any classification, the applicant shall: Be at least twenty-one years of age; Be in adequate physical and mental condition to perform the work required; Be able to understand and give written and oral directions in the English language; Be not addicted to alcohol, or to narcotics and other dangerous drugs; Have a working knowledge of federal, state, and local laws and regulations pertaining to explosive materials; Have no revoked, suspended, or terminated blaster's license, or any criminal action involving blasting activities pending in a federal, state, or municipal court of law; and, (vii) Pay the license fee in accordance with the schedule established by the City Council. (b) Requirements for Class "C" Blaster. In order to obtain a Class applicant must satisfy requirements: blaster's license, the all of the following The applicant satisfies the requirements of sub -paragraph (a) of this subsection. The applicant has experience in the storing, handling and and submits credible experience. 2. at least two (2) years field of transportation, use of explosive materials documentary proof of such (iii) The applicant takes and passes a test which demonstrates that the applicant has adequate knowledge to safely handle or use explosive materials. (c) Requirements for Class "B" Blaster. In order to obtain a Class "B" blaster's license, the applicant must satisfy all of the following requirements: (i) The applicant satisfies the requirements of sub -paragraph (a) of this subsection. (ii) The applicant has held a Class "C" blaster's license from the City of Round Rock for a period of at least two (2) years or has at least four (4) years of experience in the field of transporting, storing, handling, and using explosive materials and submits credible documentary proof of such experience. (iii) The applicant must take the Class "B" blasting test and achieve a grade of at least 70. (d) Requirements for Class "A" Blaster. In order to obtain a Class "A" blaster's license, the applicant must satisfy all of the following requirements: (e) (i) The applicant satisfies the requirements of sub -paragraph (a) of this subsection. (ii) The applicant has held a Class "B" blaster's license from the City of Round Rock for at least two (2) years or the applicant has at least six (6) years of experience in the field of transporting, storing, handling, and using explosive materials and submits credible documentary proof of such experience. (iii) The applicant must be knowledgeable in designing blasting programs, in figuring powder factors, and in deploying the precise use of delay blasting for all phases of construction. (iv) The applicant must be capable of instructing others in the explosives field. (v) The applicant must take the Class "A" blasting test and achieve a grade of at least 70. The test will consist of one hundred questions taken from the Dupont Blaster's handbook, and the City of Round Rock blasting regulations. Requirements for Class "S" Blaster. In order to obtain a Class "S" blaster's license, the applicant must satisfy all of the following requirements: (i) The applicant satisfies the requirements of sub -paragraph (a) of this subsection. (ii) The applicant has had a Class "C" blaster's license from the City of Round Rock for a period of at least two (2) years or has at least four (4) years of experience in the field of transporting, storing, handling, and using explosive materials and submits credible documentary proof of such experience. 3. (iii) The applicant takes the Class "S" blaster's test and achieves a grade of at least 70. That Chapter 5, Section 2.G., Code of Ordinances, City of Round Rock, as hereby amended by deleting paragraph (4) and substituting the following: (4) License Fee A license fee for initial issuance and renewal shall be charged as set by City Council. Blasters holding Class "B" licenses may change to Class "S" at the time of license renewal with no fee charged above that required for renewal. IV. That Chapter 5, Section 2.G., Code of Ordinances, City of Round Rock, is hereby amended by deleting paragraph (7) and substituting the following: (7) Applicant Failing the Examination. If an initial applicant for a blasting license fails to pass the required examination, the applicant shall not be eligible for re-examination for a period of thirty (30) days. If an applicant fails to pass the required examination at any subsequent time, the applicant shall not be eligible for another examination for a period of six (6) months following such failure. V. That Chapter 5, Section 2.G., Code of Ordinances, City of Round Rock, is hereby amended by adding paragraphs (8), (9) and (10) which shall read as follows: (8) Restrictions Applicable to Class "C" Blasters. Although a Class "C" blaster may blast under instruction and direction of a Class "A" or Class "B" blaster, a Class "C" blaster shall not be named on the blasting permit as the responsible blaster except on permits for blasting operations involving uninhabited areas. (9) Restrictions Applicable to Class "S" Blasters. A Class "S" blaster is restricted to blasting operations involving swimming pools and septic systems. (10) Restrictions Applicable to Class "B" Blasters. A Class "B" blaster is restricted from blasting operations involving swimming pools and septic systems unless a Class "S" rider is attached to the Class "B" license. To obtain a Class "S" rider, a Class "B" blaster must pass the Class "S" blaster's test and achieve a grade of at least 70. 4. Exception: Blasters holding only Class "B" licenses may conduct blasting operations involving swimming pools and septic systems for up to a year after the effective date of this ordinance or until the blaster's Class "B" license requires renewal, whichever occurs first. VI. That Chapter 5, Section 2.M., Code of Ordinances, City of Round Rock, is hereby amended by adding paragraphs (15), (16), (17), (18), (19), (20), (21), (22) and (23) which shall read as follows: (15) Particle Velocities. Particle velocities shall not exceed the safe levels indicated in the figure A described below and in no case shall particle velocities exceed 1.7 inches per second. Monitoring of particle velocities for all blasting operations shall be carried out as outlined in this section. When particle velocities exceed .5 inches per second, blast frequencies in excess of the safe limits specified herein will require the immediate suspension of blasting and procedures to correct the excess velocity or frequency. The City Engineer or his designee may grant or require, variances from this limit as required to adequately protect the public safety. Air over pressures shall not exceed 129 decibels on 5/6 hertz high pass monitoring system. Figure r t t t t t 2 3 10 FFlFOUEl4CY. tit 20 30 100 - Safe levels of blasting vibration using a combination of velocity and displacement. 5. (16) Blast Monitors. Blast Monitors, such as a seismic blast recording machine, are required for all blasting operations for which a permit is issued by the City of Round Rock unless specifically exempted by the City Engineer or his designee. Blast monitors may be inspected by the City Engineer or his designee. Frequency and air over pressures need not be monitored until 6 months after the effective date of this ordinance unless specifically required by the City Engineer or his designee. (17) Monitoring Technician. Monitoring Technician, not employed by a blasting operator, shall be used whenever a blast monitor is required. Monitoring technicians shall be trained in proper placement of monitor sensors and proper functioning of the instrument to be used. All monitoring reports shall carry the seal of a State of Texas Professional Engineer indicating the accuracy and validity of such reports. (18) Blasting Trunk Wire. Blasting trunk wire of 18 gauge minimum shall be used while conducting blasting operations under permits. (19) Approved Blasting Machines. Approved blasting machines shall be used. All other equipment is prohibited. (2 0) Detonating Cord. Detonating cord may be used only when approved on the blasing permit. Unauthorized use of detonating cord shall result in the temporary suspension of the blasting permit and/or blaster's license. (21) Other Conditions set by City Engineer, or his Designee. Other conditions set by City Engineer, or his designee to the approval of a permit application that are necessary, in his opinion, to adequately protect the public health and safety. These conditions may include, but are not limited to, reduced allowable particle velocities, additional monitoring, increased insurance protection, hours of operation, type and amount of explosives used and engineered blasting plans. (22) No Blasting on Sundays, Legal Holidays, or between 5:00 P.M. and 8:00 A.M. Except with written approval, no blasting shall be done on Sundays, legal holidays, or between the hours of 5:00 P.M. and 8:00 A.M. (23) Pre -Blast Notification. All blasting operations shall be preceded by a pre -blast notification to the owners or managers of all affected premises. The range of the pre -blast notification shall be at the discretion of the blaster or as required by the permit. 6. VII. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other section or provisions thereof. READ and APPROVED on first reading this the /O 47 day of InaAtAJ , 19 18 . READ, APPROVED and ADOPTED on second reading this the ,A14 -day o f ! y -&(j , 19/r. ATTEST: NE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas DATE:. . March 22, 1988 SUBJECT: Council Agenda, March 24, 1988 ITEM: 11B. Consider an ordinance amending the Blasting Ordinance. (Second Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: ECONOMIC IMPACT: This ordinance was presented in a work session and at the last Council meeting. The purpose of this revision is to clarify some existing situations and include recent technological advancements. This ordinance is consistant with Austin and will allow reciprocity of licenses. Several meetings were held with contractors, blasting professionals and Round Rock and Austin staff members and all request passage of the proposal. License fees are slightly higher with this proposal however, the cost of doing business by contractors in Round Rock should be reduced due to consistant requirements with Austin.