Memorandum

City of Lawrence

Fire Medical Department

TO:	Mike Wildgen David Corliss Debbie Van Saun
FROM:	Rich Barr
CC:	Jim McSwain Mark Bradford Tom Waechter Toni Wheeler
Date:	August 30, 2005
RE:	September 6, 2005 Agenda Item

Please include the following item on the City Commission regular agenda for consideration at the September 6, 2005 meeting:

Project Description. The Commission directed the Uniform Fire Code Board of Appeals to review the proposed changes for Blasting Operations within the City that were presented to the Commission on November 22, 2004. The review was to include recommendations made to the Commission by the public at that meeting.

Project History. As a result of perceived problems with the existing regulations as applied to a project referred to as Fox Chase South development, the Commission received complaints from residents of the neighborhood. Those complaints included the following: location of explosives, proximity of blasting operations to occupied homes and an underground pipeline, adequate notification of area residents and utilities of the blasting plan and on-site supervision. A new proposed ordinance was presented to the City Commission on November 22, 2004 for consideration.

Upon receiving the Board’s presentation, the public also provided a presentation and input. Hearing both, the Commission directed the Fire Code Board of Appeals to review the proposed ordinance incorporating the public input and return a recommendation to the Commission.

The Board of Appeals began their reconsideration of the blasting regulations on January 26, 2005. Review of the public’s concerns as well as information provided by representatives of the blasting industry, local developers and contractors were incorporated in the current draft (Meeting Attendees; Public Comments from Steve Glass). The Board met and worked on the ordinance on: January 26, February 23, March 16, March 30, April 27, May 18, June 8, June 30, and August 17, 2005 (Meeting Agendas and Minutes).

Project Status. The Fire Code Board of Appeals began meeting on this issue on August 11, 2004 and completed the task with a recommendation on August 18, 2005.

Project Details. The existing code provisions refer to and amend provisions in the Uniform Fire Code. The proposed ordinance has been revised to create a separate article within Chapter 8 of the Code of the City of Lawrence. The revisions enhance notification requirements and clearly outline requirements based upon distances to neighboring structures and utility lines.

A Summary of the major changes:

· Enhanced notification requirements: Notice to owners of real property or utility lines located within 1500 feet of the blast site will be sent by First Class U.S. mail. Notice to owners of real property and utility lines located within 500 feet of the blast site will be sent by certified mail return receipt requested.

· Informational Meeting with Property and Utility Line Owners Within 500 Feet of the Blast Site: Permit applicants are required to schedule a meeting to discuss the blasting operations with affected property owners in advance of receiving a permit.

· Posting Weather-Protected Copy of Map at Site: The site map, along with the City blasting operations permit, and the state permits for on-site personnel will be posted at the site.

· Review of Blasting Plan By Expert: Anytime blasting occurs within 500 feet of a structure or utility line, the applicant shall hire a blasting expert to review the blasting plan and advise the Fire Marshal whether the plan complies with the City Code.

· Copies of Pre-Blast Surveys Will Be Available to the Property Owner Requesting the Same. The actual cost of reproducing the survey may be charged to the party requesting the copies.

· Minimum Liability Insurance Coverage Amounts Are Increased to be consistent with industry standards.

· Seismology Equipment Must Be Calibrated: The applicant must show proof that the seismology equipment to be used at the blast site has been calibrated and certified within one year of the proposed blasting.

· An Application Fee of $100 per Permit Shall Be Collected.

· Air Blast Limits From the N.F.P.A. (National Fire Protection Association) Are Inserted.

· An Application Checklist is inserted into the Code to advise the public as well as prospective permit applicants of the requirements for a blasting operations permit from the City.

Additional Explanation of the Major Changes:

The proposed ordinance regulating subsurface blasting operations within the City requires enhanced notification of area property owners and utility owners, including a requirement for a public meeting with representatives of the development and blasting industry to answer neighborhood concerns. Notification will utilize both First Class mail to properties and utility lines within 1500 feet and certified mail to properties and utility lines within 500 feet. In addition, a weather protected copy of the site map, City Blasting permit and State licenses for on-site personnel shall be posted conspicuously at the site. The notifications to individual property and utility line owners will also include a site map.

The application process includes imposition of a $100.00 application fee which provides staff review and well as GIS mapping and property owner listings to be used in the notification by the applicant. It also requires the “Application Checklist” to be completed by the applicant and attached to the required documentation upon submittal to the Fire Marshal.

The proposal increases the general aggregate liability insurance coverage required of the blasting contractor from $2,000,000 to $5,000,000.

When blasting operations occur within 500 feet of structures (defined) and utility lines, a blasting expert (defined in the ordinance) is required to review and analyze the blasting plan and provide a written statement to the City that the blasting plan is compliant with City Code. Additionally, a third party company is required to provide seismographic and air blast monitoring of all blasts that occur within this distance to structures. Blasting may occur within 100 feet of structures upon written consent of owners of structures and utility lines but must still conform to limits recommended by the U.S. Bureau of Mines.

Pre-blast surveys conducted on structures and utility lines within 500 feet will be made available to the Fire Marshal and shall be provided to the owner of the structure being surveyed, at the owner’s request, at the actual cost of reproducing the survey.

Concerns Raised

The Fire Code Board of Appeals received comments from people in the blasting industry and development community regarding the proposed ordinance.

Steve Glass, LRM Industries, provided the following statement to the Board of Appeals at its August 17, 2005 meeting:

“…I want to repeat the concern I have expressed at several of the previous meetings. That is my concern that the end result of trying to respond to the public concern about blasting by creating this ordinance very likely will result in more rock removal being done by using backhoe or excavator mounted hammers. The continual noise and vibrations from such operations will likely prove to [be] a much greater irritant than blasting. The Board and the City Commission should be aware that the proposed ordinance will result in an increase in costs and that the use of breakers in lieu of blasting will result in an even greater increase in costs. Some may argue that they don’t care if developers have to pay more for site preparation. The reality is though that the public at large will often end up paying the increased costs because many of the improvements requiring blasting will be paid for by the public.”

Mr. Glass also has proposed delaying the effective date of the ordinance (Steve Glass letter received 08/31/05).

Action Request. The Uniform Fire Code Board of Appeals and Fire Medical staff requests adoption of the attached Ordinance No. 7925.