§ 18-99. 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 division. The requirements of this division shall not relieve any person from compliance with the provisions of Fla. Stat. Ch. 552 and all rules and regulations promulgated by the State Fire Marshal.

(b)

A user shall obtain a user permit to purchase explosives, to store explosives and have blasting done at an approved site.

(c)

A blaster shall obtain a blaster permit to use explosives and blasting agents at an approved site.

(d)

A blasting design shall be submitted by the blaster whenever blasting is proposed within a scaled distance of 150 from public buildings, dwellings, schools, community or institutional buildings. The blast design shall be reviewed and approved by the Building Official when application is made for a permit. The applicant shall provide written notice by certified mail, return receipt requested, to all residents or owners of buildings or structures in a form acceptable to the Building Official within a scaled distance of 150 from the proposed blast site at least 60 days prior to the blasting date, accompanied by a copy of the blasting schedule stating dates and approximate times of proposed blasting. The 60 days' notice allows sufficient time for recipients of such notice to be informed that a preblasting inspection of their building will be conducted by the blasting permit applicant unless refused, time for the applicant's inspectors access to the affected building to be scheduled with the owner/occupant present when necessary, and time for the permittee to provide the results of such inspection to the Building Official and structure owners. All structures within a scaled distance of 150 from the blast site shall be inspected unless the resident, owner or occupant refuses the inspection. Preblasting inspections within the scaled distance of 150 shall be prepared and certified at the applicant's expense by a seismologist or other person prequalified by the Building Official to perform such inspections. Preblasting inspections beyond the scaled distance of 150 limit are an option of the owner of existing buildings or structures, and expense for same shall be borne by such owner. Scaled distance shall be determined using the following formula:

Scaled Distance = d/w½

Where d = the distance in feet to the closest structure not owned by the applicant.

Where w = the charge weight of explosives per delay (the maximum pounds per delay).

Examples utilizing this required formula on a per-charge basis with 8 milliseconds required minimum delay between charges:

Charge weight in pounds	Minimum required preblast inspection radius in feet
1	150
5	335
25	750
50	1,061
75	1,299
100	1,500

 

Structures expected to receive a particle velocity in excess of twenty one-hundredths (0.20) inch per second shall be inspected, unless refused. A written listing of structures to be inspected shall be sent to the Building Official for review and approval prior to implementation of the inspection program. A copy of the preblast inspection report in its entirety shall be forwarded to the Building Official. The results of the preblasting inspection program shall be reviewed by the Building Official and the seismologist of record prior to implementation of the blasting activity. During the course of blasting operations, seismic and, where required, atmospheric overpressure or airblast records shall be mailed to the Building Official on a monthly basis unless circumstances warrant more frequent reporting.

(e)

A blaster shall utilize for monitoring purposes a seismograph and/or a standard sound level meter, where required by the Building Official, of a type or types acceptable to the Building Official, which is/are adequate to accurately record the inches per second of particle velocity and/or, where required, the decibel level (dB or dBC) of atmospheric overpressure or airblast resulting from blasting operations.

(f)

Permits required by Subsection (a) of this section shall not be issued for:

(1)

Liquid nitroglycerin.

(2)

Nitrocellulose in a dry and uncompressed condition in a quantity greater than ten (10) pounds net weight in one (1) package.

(3)

Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.

(4)

Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or their use more hazardous, when subjected for 48 consecutive hours or less to a temperature of 167 degrees Fahrenheit (75 degrees Celsius).

(5)

New explosives until approved by the United States Department of Transportation, except that permits may be issued to educational, governmental or industrial laboratories for instructional or research purposes.

(6)

Explosives condemned by the United States Department of Transportation.

(7)

Explosives not packed or marked in accordance with the "Hazardous Materials Regulations of the United States Department of Transportation" (Title 49, Code of Federal Regulations).

(8)

Explosives containing an ammonium salt and a chlorate.

(Code 1999, § 5-22)