Chapter 15.34 — BLASTING PERMITS

No person shall use or detonate any explosive materials within the City for the purposes of grading, altering or excavating any real property, or destroying, altering or removing any landform or any part thereof, unless a permit ("Blasting Permit") has been obtained from the Director of Public Works or designee (hereinafter "Director").

Such permit shall be granted by the Director only upon determining that each of the conditions for issuance of such permit as set forth in Section 15.34.020 below, and any other conditions placed upon the proposed development project in any land use or development approvals by the City have been met.

The Blasting Permit shall specify the type(s), location(s), date(s) and time(s) of day of permitted activities thereunder, the maximum size or power of explosive charges to be used in any one blast and shall be valid only upon the specified dates. The Blasting Permit may specify a range of dates in lieu of specific dates, but such range shall not extend beyond a period of 60 days from the date the permit is issued.

(Ord. 4-95)

No Blasting Permit shall be issued unless and until the following conditions have been fully met:

• A. The applicant has submitted a geotechnical report by a licensed professional engineer describing the nature, extent and techniques of the blasting proposed, the maximum size or power of explosive charges to be used in any one blast, the reasons why blasting (as opposed to other methods of landform alteration) is recommended, the geological and soils conditions existing on the proposed blasting site and relevant surrounding properties relevant to an assessment of the potential impacts of the proposed blasting on surrounding persons, properties, and structures, and the anticipated concussion, earth movement, acoustic effects and other impacts of the proposed blasting on any affected persons or properties, in form and detail acceptable to the Director.

• B. The applicant for the blasting permit shall provide proof of one or more valid policies of general and public liability insurance coverage with such carriers as the Director may reasonably find acceptable and in such amounts as the Director may reasonably require, but in no event less than $1,000,000.00 combined single limit. Such insurance shall be maintained throughout the period of the permit, shall be evidenced by a certificate of insurance in form and substance acceptable to the Director, shall name the City as an additional insured, shall provide that it is primary and requires no contribution from the City or from the City's insurers, and shall provide that the coverage shall not be canceled, reduced or modified except after at least 30 days advanced written notice to the City. The coverage required hereby may be provided by a cash deposit or a corporate surety bond meeting the City's bonding specifications in lieu of insurance.

• C. The applicant shall have, maintain and provide proof of all required state, federal, county and local licenses and permits necessary for the possession, use, transportation and/or storage of the explosives to be used in the activities for which a blasting permit is sought,

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City of Orange, CA

ORANGE CODE

§ 15.34.020

§ 15.34.030

including without limitation permits for transportation, storage and use of the explosives pursuant to the Orange Municipal Code and the Uniform Fire Code as adopted by the City.

• D. The applicant shall have established and shall provide to the City a telephone number dedicated to the purpose of receiving inquiries, complaints and claims related to the blasting activity to be performed under the permit. Such telephone number shall be answered by personnel or machine 24 hours per day commencing 10 days prior to the blasting activity. Each inquiry or claim not answered in person shall be responded to by return telephone call within 24 hours. The applicant shall keep a record of all calls received and responses given, which shall be made available for review by the City upon request by the Director.

• E. The applicant shall have paid all fees for all required City permits and the City's reasonable cost of enforcing this chapter.

• F. The Director may require further conditions to such permit which he or she reasonably determines to be necessary or proper for protection of the public health, safety and general welfare, and of private and public property. Such conditions may include, but not be limited to inspections and/or observations by Public Works, Fire Department or other City personnel.

• (Ord. 4-95)

No detonation or blasting shall occur unless and until the permittee shall have complied with all of the following:

• A. All conditions and requirements imposed upon the blasting permit;

• B. The permittee has given not less than 10 days written prior notice by personal service or by first-class, prepaid United States Mail to the occupants, at the address of the property, and to the owner at the address specified on the last equalized property assessment roll, of each residential property and the owner and operator of each commercial and industrial property within a radius of 1500′ from each blasting site identified in the application for permit. For purposes of this chapter, "blasting site" shall mean that point on the surface of the earth at or directly below which explosives are to be detonated. Such notification shall include, at a minimum, the name and address of the applicant for the blasting permit, the type(s), location(s), date(s) and time(s), of the activity or activities for which the permit is being sought, the dedicated telephone number required by subsection 15.34.020(D) above and the right of the recipient to request and receive the special notification, in such form as the Director may specify or find acceptable;

• C. The permittee for the blasting permit shall post, not less than 10 days before commencing any actual blasting operation, signs not smaller than 48 by 36 inches, each of which shall set forth at the top the phrase "NOTICE-BLASTING", the dates and locations of the blasting activity and the phone number for inquiries and claims described in subsection 15.34.020(D) above. At such location(s) as the Director shall designate based upon the need for actual notice to those persons which may be affected by such blasting activity, regardless of distance from the site. The wording on the sign shall be easily read and in letters at least four inches high. The design for such signs shall be approved by the Director prior to posting, and the applicant shall acquire all necessary encroachment or other permits

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City of Orange, CA

BUILDINGS AND CONSTRUCTION

§ 15.34.030

§ 15.34.030

for the use of the public right-of-way as required by the Orange Municipal Code;

• D. The applicant shall provide proof that the applicant has photographed or videotaped the exterior of each residential, commercial and industrial building and other improvements including without limitation, fences, driveways, swimming pools and patios within a 500 foot radius from any proposed blasting site. The person(s) photographing or videotaping such structures shall obtain the permission of the owner and/or tenants, prior to entering upon any private property to conduct such activities. In each instance where permission is refused, the applicant shall provide proof of such refusal by a refusal form signed by the refusing party and specifying that party's interest in the property. In the event that such signature is also refused, the applicant shall provide a personal certification of such refusal, under penalty of perjury, signed by the person to whom the refusal was expressed. The applicant shall maintain copies of said photographs or videotape and documentation of any refusals, with the log referred to in Section 15.34.030(F);

• E. The permittee has attended a pre-blast conference with Director or designee for the purpose of verifying that all requirements of this chapter are complied with;

• F. The permittee shall establish and maintain a log of all blasting activity which will show, at a minimum, the time and place of each blast and the seismic readings at the site and at such other locations as the Director may require from time to time during the period of the blasting permit. Such readings shall be made by a qualified geologist, geophysicist, or other qualified professional. During the period of blasting activity and for 90 days thereafter, the log shall be kept at the permittee's construction office on site or such other place within the City as shall be approved by the Director, and shall be available during normal business hours of the permittee for inspection by the City and by the public upon one business day's notice by phone or in writing or by FAX transmission. The permittee shall provide and keep current, addresses and telephone numbers for such purposes. The log shall be kept intact and available to the City and the public for at least three years after the date of the final disposition of all explosives handled or used under such permit and as long thereafter as any claims remain unresolved. In the event that the permittee is a business entity and is sold, transferred or dissolved, the officers and directors and/or partners in such business entity shall be personally responsible to provide for the preservation of and access to such records in a manner approved by the Director;

• G. The permittee shall install and use approved blast warning devices in accordance with Section 1568.5 of the Health and Safety Code;

• H. The permittee has given not less than 12 nor more than 36 hours advanced telephone notice of each impending blast to each person who has requested such notice. Such notice shall be given between the hours of 8:00 a.m. and 8:00 p.m. unless otherwise specified by the notice recipient in his or her request for such notice. Request for such notice shall be in writing and directed to the Director. The permittee shall obtain the list of all persons requesting such notice from the Director. In the event that the permittee is unsuccessful in contacting any person after making not fewer than three attempts to do so, with at least an eight hour period elapsing between the first and last attempt, the permittee shall provide to the Director a declaration under penalty of perjury documenting such attempts on or before the end of the next business day after the final attempt to give such notice;

• I. The Director has received not less than 24 hours prior written notice of any detonation or blasting activity;

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City of Orange, CA § 15.34.030

ORANGE CODE

§ 15.34.070

• J. The permittee has complied with all other applicable federal, state and local laws, ordinances and regulations applicable to the ownership, transportation, storage and use of the explosives;

• K. The permittee shall maintain the required inquiry and claim telephone number for not less than 30 days after the conclusion of all blasting activity under the applicable blasting permit.

• (Ord. 4-95)

Whenever the Director has reason to believe that any provision of this chapter, any condition of any blasting permit issued pursuant to this chapter, or any applicable provision of federal, state or local laws, rules, ordinances or regulations has not been complied with or has been violated, the Director may issue a stop work order and the permittee shall immediately cease all blasting and detonation activity until the Director shall issue revocation of the stop work order. The stop work order shall reasonably identify the alleged failure(s) to comply or alleged violation(s) upon which the Director relies in issuing the stop work order. Upon presentation of satisfactory proof of compliance, the Director shall issue a revocation of the stop work order. Failure to comply with the stop work order shall be considered a violation of a provision of this chapter. (Ord. 4-95)

Failure to comply with any provision of this chapter, any term or condition of any blasting permit issued hereunder shall be grounds for immediate revocation of any permit issued under this chapter.

(Ord. 4-95)

Nothing in this permit procedure is meant to conflict with or substitute for any state or federal law, rules or regulations and all permittees shall fully comply with the requirements of all state and federal laws, rules and regulations, including without limitation licensing and/or permitting requirements and state and federal occupational safety laws and regulations, and with the Uniform Fire Code as adopted and in force within the City. Failure to do so shall be grounds for denial or revocation of any blasting permit and/or inspector's approval. (Ord. 4-95)

• A. Filing of Appeal. Any applicant or permittee may file an appeal of any decision of the Director to deny, suspend or revoke any blasting permit or to issue or refuse to revoke any stop work order under this chapter by filing a notice of appeal with the City Clerk within 15 calendar days after any such decision. The appeal shall contain the name(s) and mailing address(es) of the appellant(s), a brief statement of the decision being appealed, including, without limitation, the date of the decision, a description of the appellant's interest in the property or project, the reasons why it is claimed the Director's decision should be reversed, and a brief description of the facts, and evidence upon which the appellant intends to rely in the appeal, including without limitation, the names and addresses of witnesses and the matters as to which each witness is expected to testify. As soon as practicable after

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City of Orange, CA

BUILDINGS AND CONSTRUCTION

§ 15.34.070

§ 15.34.090

receiving a written appeal, the City Clerk shall set the matter for a hearing before the Board of Appeals described in subsection B below. Said hearing shall be set not less than 10 nor more than 30 days from the date the appeal was filed. The City Clerk shall give not less than 10 days written notice to all appellants by personal delivery or by first class United States mail to the mailing address(es) set forth in the appeal. Notice shall be deemed given when deposited in the mail, postage prepaid. Any appellant may be represented by a representative of his or her choosing at the hearing.

• B. Board of Appeals. All appeals under subsection A above shall be heard by a Board of Appeals consisting of not less than three members who are qualified by experience and training in the building grading, and/or engineering fields. The board members are appointed by the City Council and hold office at its pleasure. The board members shall adopt rules of procedure for conducting its business and shall render all decisions in writing to the appellant with copies to the City Clerk and the Director. The City Attorney or qualified designee shall act as legal counsel to the Board.

• (Ord. 4-95)

The fees for a blasting permit and for the reasonable cost of enforcing this chapter shall be as set forth in a resolution of the City Council from time to time. (Ord. 4-95)

Any person violating any provision of this chapter or any term or condition of any permit or stop work order issued under this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail, for a period of not more than six months, or by both such fine and imprisonment. (Ord. 4-95)

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City of Orange, CA