Ordinance 001-1988
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ORDINANCE NO.
001 -1988
AN ORDINANCE RELATED TO BLASTING AND EXPLOSIVES; AMENDING
SECTION 5-1, MONROE COUNTY CODE, UPDATING AND EXPANDING
CERTAIN TECHNICAL DEFINITIONS; AMENDING SUBPARAGRAPHS
5-4(c)(10), (11), (13) AND (14), M.C.C., UPDATING
MAGAZINE TERMINOLOGY AND ADDING REGULATORY CITATIONS;
AMENDING SUBPARAGRAPH 5-4(c)(11), M.C.C., INCORPORATING
BY REFERENCE THE AMERICAN TABLE OF DISTANCES FOR STORAGE
OF EXPLOSIVES; AMENDING SUBPARAGRAPH 5-4(c)(12), M.C.C.,
PROVIDING WAIVER AUTHORITY FOR CERTAIN DISTANCES;
AMENDING PARAGRAPH 5-5(a), M.C.C., DEFINING "REMOTE";
AMENDING PARAGRAPH 5-5(i), UPDATING TERMINOLOGY; AMENDING
SUBPARAGRAPH 5-5(j)(2), M.C.C. EXTENDING WARNING DISTANCE
AND PROVIDING A REGULATORY CITATION; CREATING
SUBPARAGRAPH 5-5(j)(4), M.C.C., CLARIFYING SIGNAGE
REQUIREMENTS; AMENDING PARAGRAPH 5-5(1), M.C.C., ALLOWING
LIMITED USE OF METAL SLITTERS; CREATING PARAGRAPH 5-5(0),
M.C.C., REGULATING PERSONAL VEHICLE PARKING AT BLASTING
SITES; AMENDING SECTION 5-7, M.C.C., DELETING OBSOLETE
REFERENCES TO AMPLITUDE; CREATING SECTION 5-7.1, M.C.C.,
ENTITLED "ATMOSPHERIC OVERPRESSURE OR AIRBLAST
PERFORMANCE STANDARDS; MONITORING", SETTING FORTH SAFE
MAXIMUM DECIBEL LEVELS AT BLAST SITES AND PROVIDING THE
BUILDING OFFICIAL MAY REQUIRE MONITORING THEREOF;
CREATING SECTION 5-7.2, M. C.C. , ENTITLED "FL YROCK",
DEFINING AND REGULATING SAME; AMENDING SECTION 5-8(c)(2),
M.C.C., DELETING REFERENCE TO VIBRATION ENGINEER;
AMENDING THE FOOTNOTE FOLLOWING PARAGRAPH 5-8(d), M.C.C.,
CORRECTING A SCRIVENER'S ERROR; AMENDING SECTION 5-9,
M.C.C., LETTERING EXISTING LANGUAGE AS PARAGRAPH (a) AND
CREATING PARAGRAPH 5-9(b), PROVIDING EXEMPTIONS FROM
PREBLAST INSPECTION REQUIREMENTS FOR EXISTING PERMIT
HOLDERS IN CERTAIN CASES; AMENDING SECTION 5-10, M.C.C.,
PROVIDING THAT VIOLATIONS OF CERTAIN FEDERAL STATUTES AND
REGULATIONS CONSTITUTE VIOLATIONS OF THIS CHAPTER;
CREATING PARAGRAPH 5-22(d), M.C.C., PROVIDING FOR
BLASTING DESIGNS, NOTICE TO RESIDENTS OF BUILDINGS OR
STRUCTURE OWNERS WITHIN A SCALED DISTANCE OF 150 FROM
BLASTING SITES, PROVIDING FOR MANDATORY PREBLAST
INSPECTIONS OF BUILDINGS OR STRUCTURES BY BLASTERS UNLESS
REFUSED BY OWNER/OCCUPANTS, PROVIDING A FORMULA FOR
COMPUTATION OF SCALED DISTANCE AND PROVIDING FOR MONTHLY
REPORTING TO THE BUILDING OFFICIAL DURING BLASTING
OPERATIONS; CREATING PARAGRAPH 5-22(e), M.C.C., PROVIDING
MONITORING INSTRUMENTATION ACCEPTABLE TO THE BUILDING
OFFICIAL; RELETTERING PARAGRAPH 5-22(d), M.C.C., AS
5-22(f), M.C.C.; AMENDING SUBPARAGRAPH 5-22(f)(7),
M.C.C., UPDATING AN OBSOLETE REFERENCE; AMENDING SECTION
5-25, M.C.C., CORRECTING AN ERRONEOUS TERM; AMENDING
PARAGRAPH 5-26(c), M.C.C., CORRECTING A NUMERICAL
INCONSISTENCY WITH SECTION 5-7, M.C.C., AND DELETING
OBSOLETE REFERENCES TO AMPLITUDE; CONFORMING PARAGRAPHS
5-26(c) AND (d), M.C.C., WITH NEWLY CREATED PARAGRAPHS
5-22(e), M.C.C., AMENDING PARAGRAPH 5-28, M.C.C.,
PROVIDING COUNTY REVOCATION AUTHORITY FOR VIOLATORS OF
CITED FEDERAL REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA;
1
Section 1. Chapter 5, Monroe County Code is amended to read:
CHAPTER 5
BLASTING AND EXPLOSIVES *
In General, SS 5-1 - 5-21
Permits, SS 5-22 - 5-28
ARTICLE I. IN GENERAL
Art. I.
Art. II.
Sec. 5-1. Definitions.
For the purpose of this chapter the following terms, phrases, words and
their derivations shall have the meaning given herein.
Blaster: a person employed by a user who detonates or otherwise effects
the explosive of an explosive or who is in immediate personal charge and
supervision of one or more other persons engaged in such activity.
Blasting agent: any material or mixture, consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified as, an explosive, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No.8 test detonator when unconfined.
Carrier: person who engages in the transportation of articles or materials
by rail, highway, water or air.
'*Cross references-Building and construction regulations, Ch. 6, health
and sanitation, Ch. 9; local laws regarding building and zoning regulations,
App. A, Art. V.
2
Dealer: a person engaged in the wholesale or retail business of buying and
selling explosives; provided that should a manufacturer-distributor make
sales to users, such manufacturer shall not be required to obtain an
additional license as a dealer.
Explosive: any mixture, compound or material capable of producing an
explosion, including but not limited to dynamite, nitroglycerin,
trinitrotoluene, blasting caps and detonators; but not including cartridges
for firearms, and not including fireworks as defined in section 791.01 of the
Florida Statutes.
Explosive Materials: include explosives, blasting agents, water gels and
detonators. Explosive materials include, but are not limited to, all items
contained in the "List of Explosive Materials" published annually by the
Bureau of Alcohol, Tobacco and Firearms.
Magazine: any building, "day box", or structure approved in conformance
with BATF Specifications (27 CFR 55.209) for the storage of explosives
andlor explosive materials, but excluding "day magazines" used exclusively
for the transportation of explosives from magazines to drill rigs. The
latter are not herein regulated.
Manufacturer-distributor: a person engaged in the manufacture,
production, and distribution of explosives to others for resale or use.
No.8 Test detonator: one containing 0.40 to 0.45 grams PETN base charge
pressed to a specific gravity of 1.4 glee and primed with standard weights
of primer, depending on manufacturer.
3
Purchase: shall include acquisition of any explosive by a person with or
without consideration.
Small arms ammunition: any shotgun, rifle, or handgun ammunition.
Special industrial explosive device: any explosive power~ak containing an
explosive charge in the form of a cartridge or construction device. The
term includes but is not limited to explosive rivets, explosive bolts,
explosive charges for driving pins or studs, cartridges for explosive-
actuated power tools and charges for explosives used in jet tapping of open
hearth furnaces and jet perforation of oil well casing.
Special industrial high explosive material: sheets, extrusions, pellets, and
packages of high explosives, containing dynamite, trinitrotoluol,
pen taerythritoltetranitra te, cylotrimethylenetrinitramine, or other similar
compounds used for high-energy-rate forming, expanding and shaping metal
fabrication, and for dismemberment and quick reduction of scrap metal.
Terminal: those facilities used by carriers for the receipt, transfer,
temporary storage or delivery of articles or materials.
User: the person who, as an ultimate consumer of an explosive, purchases
same from a dealer or manufacturer-distributor, or acquires the possession
of any explosive by any other means. (Ord. No. 5-1975, ~ 3)
Cross reference-Rules of construction and definitions generally, Sl-2.
4
Sec. 5-2. Scope of chapter; exceptions.
(a) This chapter shall apply, at blasting sites, to the use and storage of
explosives and blasting agents.
(b) Nothing in this chapter shall be construed as applying to:
(1) The armed forces of the United States or the State militia.
(2) Explosives in forms prescribed by the official United States
Pharmacopeia.
(3) The sale or use of fireworks as defined in section 791.01 of the
Florida Statutes.
(4) The possession, transportation and use of small arms, ammunition or
special industrial explosive devices.
(5) The possession, storage and use of not more than fifteen (15) pounds
of explosives or blasting agents in educational, governmental or
industriallabora tories for instructional or research purposes.
(6) The use of explosives or blasting agents by the United States Bureau
of Mines, the Federal Bureau of Investigation, the United States
Secret Service, or police and fire departments acting in their
official capacity.
(7) The manufacture, sale or transportation of explosives and blasting
agents, or their storage, except that storage of explosives and
blasting agents on blasting sites is herein regulated. (Ord. No. 5-
1975, S 2)
Sec. 5-3. General requirements.
(a) Quantity limited. The building official may limit the quantity of
explosives or blasting agents, or both, to be permitted at any site, in
accordance with the American Table of Distances.
(b) Stolen or missing explosives, reporting. In the event that any explosive
is stolen, misplaced or lost, such occurence shall be reported
5
immediately to the building official. The area in which the incident
occurs shall be secured until investigation has been made and the scene
released by proper authority.
(c) 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 under article II of this chapter.
(d) Inventory reporting. Every user having any explosive in his possession,
dominion or control shall file with the building official on the fifteenth
day of each and every month a schedule of inventory accurately setting
forth the quantity, description and amount used of such explosives on a
form prescribed by the building official. (Ord. No. 5-1975, S 8; Ord. No.
18-1985, S 1)
Sec. 5-4. Storage at blasting sites.
(a) Storage in magazines required. Explosives, including special industrial
high explosive materials, shall be stored in magazines which meet the
requirements of this section.
This shall not be construed as applying to wholesale and retail stocks of
small arms ammunition, explosive bolts, explosive rivets, or cartridges
for explosive-actuated power tools in quantities involving less than five
hundred (500) pounds of explosive material.
(b) Safety precautions. Every person in possession of any explosive shall
cause the same to be stored in a safe place and shall maintain such
security measures as shall be reasonably necessary to prevent all
unauthorized persons from gaining access to such explosives. Any
person who shall fail to use reasonable recautions for the security and
safety of explosives in his possession shall be deemed guilty of violating
this chapter, and subject to the penalties provided for herein, and in
addition thereto, shall be subject to revocation of his permit.
6
(c) Magazine requirements.
(1) Smoking, matches, open flames and spark producing devices shall be
prohibited inside or within fifty (50) feet of magazines.
Combustible materials shall not be stored within fifty (50) feet of
magazines.
(2) The land surrounding magazines shall be kept clear of brush, dried
grass, leaves, trash, and debris for a distance of at least fifty (50)
feet.
(3) Magazines shall be kept locked except when being inspected or when
explosives are being placed therein or being moved therefrom.
(4) Packages of explosives shall not be unpacked or repacked in a
magazine nor within fifty (50) feet of a magazine nor in close
proximity to other explosives.
(5) Magazines shall be kept clean, dry, and fee of grit, paper, empty
packages and rubbish. Floors shall be regularly swept. Brooms and
other cleaning utensils shall have no spark producing metal parts.
Floors stained by leakage from explosive material shall be cleaned
according to instructions of the manufacturer.
(6) When an explosive has deteriorated to an extent that it is in an
unstable or dangerous condition, or if nitroglycerin leaks from any
explosive, then the person in possession of such explosive shall
immediately report the fact to the building official and upon his
authorization shall proceed to destroy such explosives and
magazines in accordance with the instruction of the manufacturer.
Only experienced persons shall do the work of destroying explosives.
(7) Magazines shall not be provided with artificial heat or light, except
that if artificial light is necessary, an approved electric safety
flashlight or safety lantern shall be used.
(8) Magazines shall not be used for the storage of any commodity
7
except explosives.
(9) Blasting caps, electric blasting caps, detonating primers and primed
cartridges shall not be stored in the same magazine with other
explosives.
(10) Magazines shall be of five (5) types, Type 1, Type 2, Type 3, Type 4
and Type 5. Construction, description and limitations for storage
use in each of these types shall be in accordance with requirements
of BA TF in 18 USC 842(j) and inspected in accordance with 49 CFR,
Subpart K and pursuant to the state fire marshal's rules and
regulations, Chapter 4A-2, Florida Administrative Code, as adopted
under the authority of Chapter 552, Florida Statutes.
(11) Except as provided in subparagraph (12) of this paragraph (c), Type 1
through Type 5 magazines shall be located in conformity with the
provisions of the latest revised and approved edition of the
American table of Distances for Storage of Explosives and its
footnotes as copyrighted and published by the Institute of Makers of
Explosives, which is hereby incorporated herein by reference
thereto.
(12) A t the site of blasting operations, unless specifically waived by the
building official as a permit condition, a distance of at least three
hundred (300) feet shall be maintained between magazines and the
blast area when the quantity of explosives temporarily kept therein
is in excess of fifty (50) pounds, at least one hundred and fifty (150)
feet when the quantity of explosives is more than twenty-five (25)
pounds but less than fifty (50) pounds, and at least fifty (50) feet
when the quantity of explosives is twenty-five (25) pounds or less.
(13) Property upon which Type 1 and Type 2 magazines are
8
located shall be posted with signs at all access roads or access ways
reading "Explosives-Keep Off" legibly printed thereon in letters
not less than three (3) inches high. Such signs shall be located so as
to minimize the possibility of a bullet traveling in the direction of
the magazine if anyone shoots at the sign.
(14) Type 2 magazines shall be painted red and shall bear lettering in
white, on all sides and top at least one and one-half (1 1/2) inches
high, "Explosives--Keep Fire A way".
(15) Magazines shall be in the charge of a competent person employed by
the blaster holding the permit at all times. The blaster shall be
responsible for the enforcement of all safety precautions. (Ord. No.
5-1975, ~ 9; Ord. No. 18-1985, ~ 2)
Sec. 5-5. Use and handling of explosives.
(a) Blasting operations shall be conducted during the hours of 8:00 a.m. and
5:00 p.m. except that the building official may extend the blasting time
to all daylight hours for sites remote (more than one mile) from
residential developments. Blasting shall not be done on Sundays or legal
holidays except in emergencies involving the health, safety and welfare
of the public.
(b) The handling and firing of explosives shall be performed by the person
possessing a blasting permit to use explosives or by employees under
such person's direct supervision who are at least eighteen (18) years old.
(c) No person shall handle explosives while under the influence of
intoxicants, or narcotics.
(d) No person shall smoke or carry matches while handling explosives or
while in the vicinity thereof.
(e) No open flame light shall be used in the vicinity of explosives.
9
(O Whenever blasting is being conducted in the vicinity of gas, electric,
water, fire alarm, telephone, telegraph, or steam utilities, the blaster
shall notify the appropriate representatives of such utilities at least
twenty-four (24) hours in advance of blasting, specifying the location
and intended time of such blasting. Verbal notice shall be confirmed
with written notice. In an emergency this time limit may be waived by
the building official.
(g) Blasting operations shall be conducted in accordance with nationally
recognized good practice.
(h) Before a blast is fired, the person in charge shall make certain that all
surplus explosives are in a safe place, all persons and vehicles are at a
safe distance or under sufficient cover, and a loud warning signal has
been sounded.
(i) Fuse caps will not be approved for use unless specifically approved for
job site by the building official.
(j) Due precautions shall be taken to prevent accidental discharge of
electric blasting caps from current induced by radio or radar
transmitters, lightning, adjacent power lines, dust storms or other
sources of extraneous electricity.
These precautions shall include:
(1) The suspension of all blasting operations and removal of persons
from the blasting area during the approach and progress of an
electric storm.
(2) The posting of signs warning against the use of mobile radio
transmitters on all roads within op.e thousand (1000) feet of the
blasting operations, pursuant to 29 CFR 1929.900{k){3).
(3) Compliance with nationally recognized good practice when blasting
in the vicinity of radio transmitters or power lines.
10
(4) Blasting Signs shall be placed along a road if it lies within 100 feet
of a blast zone at a point where any other road provides access to
the blast area. The sign shall state "Warning -Explosives In Use".
(k) When blasting is done in congested areas or in close proximity to a
building, structure, railway, highway or any other installation that may
be damaged, the blast shall be covered before firing with a mat
constructed so that it is capable of preventing rock from being thrown
into the air.
(1) Tools used for opening packages of explosives shall be constructed of
non-sparking materials except for metal slitters which may be used for
opening fiberboard or paper containers.
(m) Empty boxes and paper and fibre packing materials which have
previously contained high explosives shall not be used again for any
purpose, but shall be destroyed by burning at an approved isolated
location out of doors, and no person shall be nearer than one hundred
(100) feet after the burning has started.
(n) Explosives shall not be abandoned. (Ord. No. 5-1975, S 10; Ord. No. 18-
1985, S 3)
(0) Parking of Personal Vehicles. Personal Vehicles shall not be stopped or
parked within a scaled distance of 150 in accordance with Section 5-
22(d) from a magazine or blasting site. The building official or his
designee may waive this provision for certain vehicles if requested by
formal application. This section excludes vehicles used in the blasting
or quarrying operation.
Sec. 5-6. Blasting agents; general requirements.
Where blasting agents and explosives are stored in the same magazine,
Cross reference-Use of fireworks, S 13-4.
11
standard magazine construction shall be followed and the weight of the
blasting agents shall be included in the calculations of the total amount of
explosives for determining distance limitations. However, blasting agents
when stored separately from explosives, shall be stored in a Type 5
magazine or a magazine of higher classification (lower number). (Ord. No.
5-1975, S 11)
Sec. 5-7. particle velocity
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 one-half (0.5) inch per second when measured on the ground at
the nearest building or structure not owned by the user, or when measured
at a distance of five thousand two hundred eighty (5,280) feet from the
blast when the nearest structure not owned by the user is further than one
(1) mile from the blast. The use of any explosives that result in a greater
vector sum particle velocity than described above would constitute a public
nuisance and therefore be detrimental to the public health, welfare, and
safety of the county and it is recognized that any blasting operation
resulting in a particle velocity not exceeding two (2.0) inches per second
measured as described above will not cause structural damage pursuant to
U.S. Bureau of Mines "Bulletin 656 (1971)" and "Report of Investigations
R.I. #8507 (Siskind and others, 1980)", which documents are herein
incorporated by reference thereto for use as regulatory guidelines by the
building official hereunder. (Ord. No. 5-1975, S 12; Ord. No. 5-1980, ~1)
12
Sec. 5-7.1 Atmospheric overpressure or Airblast Performance Standards;
Monitoring
Decibel levels resulting from atmospheric overpressure or airblast (the
airborne sonic vibrations generated from high pressure gases emitting from
explosives being detonated in stemmed drill holes in rock) associated with
blasting activities shall not exceed the safe maximum limits listed in the
following table at the location of any dwelling, public building, school,
church or community or institutional building outside of the permit area;
except that such limits do not apply in the case of buildings owned by the
permittee or his lessee(s), provided however that said lessee(s) authorizes
via written waiver, any blasting activities resulting in atmospheric
overpressure or airblast in excess of the following table:
Frequency limit of measuring Maximum Level in dB
system in Hz(I3 dB)
0.1-Hz high-pass system 134
2-Hz high-pass system 133
5- or 6-Hz high-pass system 129
C-slow (events not exceeding 2-sec duration) 105
The Building Official may require monitoring of decibel levels at one or
more locations surrounding the blasting site by the permittee and the
submission of written reports documenting same.
Sec. 5-7.2 Flyrock
Flyrock is material emanating from the blast hole that travels along the
ground and in the air. It may not be cast more than 1/2 the distance to the
nearest dwelling or other occupied structure nor beyond the area of
regulated access. It may not be cast off the permit area. Rock, mud and
13
..
debris fall into the category of flyrock. If blasting is conducted in close
proximity to existing structures, additional stemming burden, or mats shall
be used to prevent flyrock problems.
Sec. 5-il. Blasting records.
(a) All users of explosives shall keep daily records for a period of three (3)
years of all blasting performed on forms prescribed by the building
official which shall be made available at reasonable times and hours at
a location approved by the building official for inspection by him or his
deputies, and signed copies of such records shall be furnished to the
building official on a weekly basis.
(b) The minimum data to be shown on such record shall be:
(1) Name and location of blasting site.
(2) Date and time of firing.
(3) Arrangements of spacing of charges.
(4) The amount of explosive for each blast or delay series.
(5) Delay interval.
(6) Name of person in charge of loading and firing.
(7) Blasting permit number, and signature and title of person making
report.
(c) (1) Records of instrument readings taken as required by section 5-26(c)
and (d) shall be analyzed by an independent recognized seismologist
or vibration engineer and shall be reported by him to the building
official 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 furnished to the building official.
(d) Each instrument shall be calibrated annually, preferable on a shaking table,
and such calibration certified except for instruments which are certified
14
except for instruments which are certified as self-calibrating. (Ord. No. 5-
1975, ~ 15; Ord. No. 18-1985,:) 4)
Sec. 5-9. Effect of chapter on previously issued permits.
(a) All permits issued prior to January 5, 1988, shall remain in force and effect
for a period of six (6) months following the effective date hereof, but
subject to the regulations and limitations contained in this chapter. (Ord.
No. 5-1975, ~ 17).
(b) All permits required under this ordinance issued for 2 years prior to the
effective date hereof, shall remain in force and effect, but subject to the
regulations and limitations contained in this chapter as amended, except in
the case of the holders of such permits that can demonstrate through
documentation acceptable to the building official within six (6) months
following the effective date hereof that operations at their blasting sites
have not resulted in exceeding the particle velocity standard of 0.5 inch
prescribed by Sec. 5-7 for the past 24 months as of the effective date of
this ordinance, then these permitted blasting operations shall not be
subjected to the preblast inspection requirements prescribed in Sec. 5-22.
Sec. 5-10. Violations of state and federal laws and regulations deemed violation
of article.
Any person who violates any of the provisions of chapter 552, Florida
Statutes, or any of the regulations of the state fire marshal promulgated
thereunder, or The Surface Mining Control and Reclamation Act of 1977, 30
U.S.C. 1201 et. seq. and its implementing code of federal regulations, 30 CFR
Parts 715, 780 and 816 with regard to the blasting performance standards found
in said act and said CFR only, or 18 U.S.C. Chapter 40 and 27 CFR Part 55, or
other federal statutes and regulations referenced herein, shall be deemed to have
violated the provisions of this chapter and may be prosecuted in the proper
15
court. (Ord. No. 5-1975, ~ 7)
Sec. 5-11.--5-21. Reserved.
ARTICLE II. PERMITS*
Sec. 5-22. 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 article. The
requirements of this article shall not relieve any person from compliance
with the provisions of this article. The requirements of this article shall
not relieve any person from compliance with the provisions of chapter 552
of the Florida Statutes and all rules and regulations promulgated by the
sta te 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
* Cross Reference - Occupation License Tax and Regulation, Ch. 12.
blastin~ date accompanied by a copy of the blastin~ schedule statin~ dates
16
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 his 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 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 in Monroe
County. 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
1/2
w
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:
17
Charge Weight Minimum Required Preblast
in pounds Inspection Radius in Feet
1 150
5 335
25 750
50 1061
75 1299
100 1500
Structures expected to receive a particle velocity in excess of 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(s) in its entirety shall be forwarded to the
Building Official. The results of the Pre~lasting 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.
(0 Permits required by paragraph (a) of this seeton shall not be issued for:
(1) Liquid nitroglycerin.
(2) Nitrocellulose in a dry and uncompressed condition in quantity
greater than ten (10) pounds net weight in one package.
18
(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 forty-eight (48) consecutive hours or less to a
temperature of one hundred sixty-seven (167) degrees Fahrenheit
(seventy-five (75) degrees Celsius).
(5) New explosives until approved by the United States Department of
Transportation, except that permits may be issued to educational,
govermental or industrial laboratories for instructional or research
purposes.
(6) Explosives condemned by the United States Department of
Transporta tion.
(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. (Ord. No. 5-
1975, S 4)
Sec.5-23. Application; prerequisites to issuance; fee.
(a) All applications for user and blaster permits required under this article
shall be filed with the building official and shall set forth in detail the
purpose for which the permit is sought in relation to explosives, the full
name and address of the applicant, his physical description, his
fingerprints, and shall be accompanied by an accurate photograph of the
applicant. Such application shall be signed and sworn to by the applicant.
The building official shall prescribe the form of applications and furnish
19
such application forms to applicants upon request. No permit shall be
issued to any person under the age of eighteen (18) years, or who is
addicted to the excessive use of alcohol, narcotics, drugs, stimulants, or
depressants, or who is mentally incompetent, or who is a member of any
subversive organization, or who has been convicted of a felony. Permits
shall be issued only to persons of good moral character. The burden shall
rest upon the applicant to establish his qualification for a permit. The
applicant shall be deemed competent and familiar if he holds a user's
permit and blaster's permit from the state. The applicant must furnish
proof that he has public liability insurance with limits of liability no less
than $100,000 per person and $300,000 per occurence for bodily injury and
$300,000 per occurrence for property damage. The building official may
require higher limits of liability depending upon density of population and
structures within the vicinity of the blasting area. The Certificate of
Insurance furnished to the building official shall clearly show the existence
of coverage for blasting operations. The permit issued hereunder shall show
the purpose for which it is issued and the period for which it is issued and
the period of time for which it is valid.
(b) Such permits shall be issued only after:
(1) Payment of fee in an amount not to exceed twenty-five dollars
($25.00) per month or two hundred and fifty dollars ($250.00) per year
for a user permit and twenty-five dollars ($25.00) per year for a
blaster permit.
(2) The filing of an application on a form prescribed by the building
official signed and sworn to by the applicant's name, address, that he
20
holds a valid state permit, the location or locations where the
blasting is to be performed, that blasting at such location is
authorized or permitted pursuant to county or municipal zoning
regulations, and the distance between the location of the proposed
blasting and any improved property. (Ord. No. 5-1975, SS 5, 13(b)(1),
(2); Ord. No. 21-1976, ~ 3; Ord. No. 18-1985, S 5)
Sec. 5-24. Building official to issue.
The building official is hereby authorized to issue users permits and blaster
permits only to persons who hold similar permits required by Florida law and who
meet the requirements of this chapter, and who have approval for the issuance of
such permit by the building official. (Ord. No. 5-1975, S13(a); Ord. No. 21-1976,
SS 1, 2; Ord. No. 18-1985, S6)
Sec.5-25. Scope.
The issuance of a user's blasting permit shall not authorize blasting in any
area or location where the same is prohibited by any zoning regulations or other
law, and shall be limited to the locations designated in the application; provided,
however, that if the amount of explosives to be used at anyone 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 (40) per cent dynamite,
the building official is authorized to issue a blasting permit for the use of such
amount of explosive 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 mud-capping or doby blasting, is prohibited
unless upon application and the payment of the required fee a user is granted a
special user's permit for each and every location where such blasting is
21
to be performed. (Ord. No. 5-1975, ~13(b)(3); Ord. No. 21-1976, S4)
Sec.5-26. Limitations, conditions and modifications.
(a) The building official shall impose in each blasting permit issued by the
building official pursuant to this chapter such limitations and conditions as
to:
(1) Days and hours when blasting may be performed.
(2) The period of time for which it is valid.
(3) The amount and type of explosives which may be employed at anyone
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 building official may conduct a series of tests witnessed
by neighborhood property owners and measured by a seismograph to
determine acceptable limits of vibration.
(b) In determining and imposing such reasonable conditions and limitations, the
building official shall be governed by preventing damage to property,
preventing personal injury or loss of life, protecting the public health,
welfare and safety and the reduction of nuisance.
(c) The building official is authorized, from time to time, to change, amend or
modify the imposed conditions and limitations in order to meet the purpose
for which they were imposed if changing conditions or circumstances to
dictate after first considering the guides above enumerated and it is
intended here that the building official 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 building official
to be too restrictive, he may modify them accordingly within the bounds of
22
the purposes for which they were imposed; provided, however, the imposed
limitations and conditions as to the amount of explosives permitted in any
permit shall not be increased by the building official until and unless the
permittee shall first demonstrate to the building official 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 one
half (0.5) inch per second prescribed by section 5-7, and the building
official will require, in order to protect the public health, welfare or
safety, the permittee to submit a recognized instrument as prescribed by
Section 5-22(e) 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 up to but not including the above-described
limits.
(d) The blaster shall provide, at his cost, a continuous monitoring seismic
instrument and where required, a standard sound level meter at each site,
as prescribed by Section 5-22(e) during blasting operations. (Ord. No. 5-
1975, S 14; Ord. No. 21-1976, ~ 5; Ord. No. 18-1985, ~ 7)
Sec. 5-27. Appeals from refusal to issue and from revocation; public hearing;
waiver or prior conviction.
Any person who is denied or refused a permit under this article or whose
permit has been revoked by the building official may appeal to the board of
county commissioners by filing a written petition of review setting forth the
reasons why his application for a permit should have been granted; provided,
23
however, that the board of county commissioners shall have no jurisdiction to
entertain any such appeal unless a written petition or request for review is filed
with the clerk of the board of county commissioners within thirty (30) days after
the date upon which the applicant receives notice that his application for a
permit has been denied, refused or revoked. When an appeal has been filed, the
board of county commissioners shall conduct a public hearing to determine
whether the applicant qualifies for a permit. The board of county commissioners
shall not grant a permit unless it finds and determines that the applicant is
qualified under the provisions of section 5-23. The prohibition against issuance
of a permit to any person who has been convicted of a felony may be waived by
the board of county commissioners provided that such conviction occurred more
than ten (10) years prior to the date of filing the application, and that the
applicant has rehabilitated himself completely. (Ord. No. 5-1975, S6; Ord. No.
18-1985, S8)
Sec. 5-28 Revocation.
(a) Permits issued under this article shall be revoked for any violation of this
chapter or of the state law or of regulations of the state fire marshal or of
federal law or regulations cited herein.
(b) In addition to any other penalty, any person who violates the provisions of
this chapter or the conditions and limitations imposed in a permit shall be
deemed to have violated this chapter and the permit may be revoked by the
building official; provided an appeal may be filed pursuant to section 5-27.
(Ord. No. 5-1975, SS7,16; Ord. No. 21-1976, S 6; Ord. No. 18-1985, 59)
Section 2.
This Ordinance shall take effect upon receipt of the official
acknowledgement from the Department of State acknowledging receipt of a
certified copy of this Ordinance and that said Ordinance has been filed in said
24
,..
office by the Department of Community Affairs pursuant to the requirements of
Florida Statutes, Section 380.0552, and Florida Statutes Chapter 120.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida~ at a regular meeting of said Board
held on the $"~L- day of ~....,.~
, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF HONROE COUNTY, FLORIDA
g ~
By" ~/ ~
MayorjC:hairman
(Seal)
At t est: DANNY L. KOLHAGE. Clerk
'-t2k,.t&.~+~~
t1.fj"":~~> .'.....r;~CPfIA
iVI": .' ,+t.;"" CY.
, t '
rY_~~-=c~
25
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 4, 1987 at 2:00 p.m. at the Marathon Sub-Court-
house, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE RELATED TO BLASTING AND EXPLO-
SIVES; AMENDING SUBPARAGRAPH 5-4(C)(10),
MONROE COUNTY CODE, CLARIFYING STATUTORY AND
ADMINISTRATIVE AUTHORITY; AMENDING SUBPARA-
GRAPH 5-4(C)(II), M.C.C., BY ADDING THE
AMERICAN TABLE OF DISTANCES FOR STORAGE OF
EXPLOSIVES; CREATING SUBPARAGRAPH 5-5(J)(4),
M.C.C., CLARIFYING SIGNAGE REQUIREMENTS IN
BLAST AREAS; CREATING PARAGRAPH 5-5(0),
M.C.C., REGULATING PERSONAL VEHICLE PARKING
AT BLASTING SITES; AMENDING SECTION 5-7,
M.C.C., BY ADDING A FORMULA FOR CALCULATION
OF PARTICLE VELOCITY; CREATING SECTION 5-7.1,
M.C.C., ENTITLED "SONIC DISRUPTION OR AIR-
BLAST" AND SETTING FORTH COMPARATIVE NOISE
LEVELS AND PERFORMANCE STANDARDS FOR REGULA-
TION, MEASUREMENT AND CALCULATION OF MAXIMUM
DECIBEL AND AIRBLAST PRESSURE LEVELS PERMIT-
TED AT STRUCTURES NEAR BLASTING SITES;
CREATING SECTION 5-7.2, M.C.C., ENTITLED
"FLYROCK", DEFINING AND REGULATING SAME;
AMENDING THE FOOTNOTE FOLLOWING PARAGRAPH
5-8(D), M.C.C., TO CORRECT A SCRIVENOR'S
ERROR; AMENDING SECTION 5-10, M.C.C., PROVID-
ING THAT VIOLATIONS OF 30 U.S.C. 1201 ET.
SEQ. AND 30 C.F.R. PARTS 715, 780 AND 816
WITH RESPECT TO BLASTING PERFORMANCE STAN-
DARDS FOUND THEREIN ONLY CONSTITUTE VIOLA-
TIONS OF THIS CHAPTER; CREATING PARAGRAPH
5-22(D), M.C.C., PROVIDING FOR BLASTING
DESIGNS, NOTICE TO RESIDENTS OR BUILDING OR
STRUCTURE OWNERS WITHIN ONE HALF MILE OF
BLASTING SITES AND PROVIDING FOR REQUEST-
BASIS PREBLASTING SURVEYS; CREATING PARAGRAPH
5-22(3), M.C.C., PROVIDING MINIMUM PERFOR-
MANCE STANDARDS FOR SEISMOGRAPHS; RELETTERING
PARAGRAPH 5-22(D), M.C.C. AS 5-22(F), M.C.C.;
AMENDING PARAGRAPH 5-26(C), M.C.C., TO
CORRECT A NUMERICAL INCONSISTENCY WITH
SECTION 5-7, M.C.C. AND TO CONFORM PARAGRAPHS
5-26(C) AND (D), M.C.C., WITH NEWLY CREATED
PARAGRAPH 5-22(E), M.C.C.; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 13th day of July, 1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
,.'
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, November 3, 1987 at 3:00 P.M. at the Marathon
Courthouse, Marathon, Florida, on Tuesday, November 17, 1987 at
3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West,
Florida, and on Tuesday, December 1, 1987 at 3:00 P.M. at the
Plantation Key Government Center, Plantation Key, Florida, the
Board of County Commissioners of Monroe County, Florida, intends
to consider the adoption of the following County Ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE RELATED TO BLASTING AND EXPLOSIVES;
AMENDING SECTION 5-1, MONROE COUNTY CODE, UPDATING
AND EXPANDING CERTAIN TECHNICAL DEFINITIONS;
AMENDING SUBPARAGRAPHS 5-4(c) (10), (11), (13) AND
(14), M.C.C., UPDATING MAGAZINE TERMINOLOGY AND
ADDING REGULATORY CITATIONS; AMENDING SUBPARAGRAPH
5-4(c)(11), M.C.C., INCORPORATING BY REFERENCE THE
AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLO-
SIVES; AMENDING SUBPARAGRAPH 5-4(c)(12), M.C.C.,
PROVIDING WAIVER AUTHORITY FOR CERTAIN DISTANCES;
AMENDING PARAGRAPH 5-5 (a), M. C. C., DEFINING "RE-
MOTE"; AMENDING PARAGRAPH 5-5 (i), UPDATING TERMI-
NOLOGY; AMENDING SUBPARAGRAPH 5-5(j)(2), M.C.C.,
EXTENDING WARNING DISTANCE AND PROVIDING A REGU-
LATORY CITATION; CREATING SUBPARAGRAPH 5-5 (j) (4) ,
M. C. C., CLARIFYING SIGNAGE REQUIREMENTS; AMENDING
PARAGRAPH 5-5(1), M.C.C., ALLOWING LIMITED USE OF
METAL SLITTERS; CREATING PARAGRAPH 5-5(0), M.C.C.,
REGULATING PERSONAL VEHICLE PARKING AT BLASTING
SITES; AMENDING SECTION 5-7, M.C.C., DELETING
OBSOLETE REFERENCES TO AMPLITUDE; CREATING SECTION
5-7.1, M. C. C., ENTITLED "ATMOSPHERIC OVERPRESSURE
OR AIRBLAST PERFORMANCE STANDARDS; MONITORING",
SETTING FORTH SAFE MAXIMUM DECIBEL LEVELS AT BLAST
SITES AND PROVIDING THE BUILDING OFFICIAL MAY
REQUIRE MONITORING THEREOF; CREATING SECTION 5-7.2,
M.C.C., ENTITLED "FLYROCK", DEFINING AND REGULATING
SAME; AMENDING SECTION 5-8(c)(2), M.C.C., DELETING
REFERENCE TO VIBRATION ENGINEER; AMENDING THE
FOOTNOTE FOLLOWING PARAGRAPH 5-8(d), M.C.C.,
CORRECTING A SCRIVENER'S ERROR; AMENDING SECTION
5-9, M.C.C., LETTERING EXISTING LANGUAGE AS PARA-
GRAPH (a) AND CREATING PARAGRAPH 5-9(b), PROVIDING
EXEMPTIONS FROM PREBLAST INSPECTION REQUIREMENTS
FOR EXISTING PERMIT HOLDERS IN CERTAIN CASES;
AMENDING SECTION 5-10, M.C.C., PROVIDING THAT
VIOLATIONS OF CERTAIN FEDERAL STATUTES AND REGU-
LATIONS CONSTITUTE VIOLATIONS OF THIS CHAPTER;
CREATING PARAGRAPH 5-22(d), M.C.C., PROVIDING FOR
BLASTING DESIGNS, NOTICE TO RESIDENTS OF BUILDINGS
OR STRUCTURE OWNERS WITHIN A SCALED DISTANCE OF 150
FROM BLASTING SITES, PROVIDING FOR MANDATORY
PREBLAST INSPECTIONS OF BUILDINGS OR STRUCTURES BY
BLASTERS UNLESS REFUSED BY OWNER/OCCUPANTS, PROVID-
ING A FORMULA FOR COMPUTATION OF SCALED DISTANCE
AND PROVIDING FOR MONTHLY REPORTING TO THE BUILDING
OFFICIAL DURING BLASTING OPERATIONS; CREATING
PARAGRAPH 5-22(e), M.C.C., PROVIDING MONITORING
INSTRUMENTATION ACCEPTABLE TO THE BUILDING OFFI-
CIAL; RELETTERING PARAGRAPH 5-22(d), M.C.C., AS
5-22(f), M.C.C.; AMENDING SUBPARAGRAPH 5-22(f)(7),
M. C. C., UPDATING AN OBSOLETE REFERENCE; AMENDING
SECTION 5-25, M.C.C., CORRECTING AN ERRONEOUS TERM;
AMENDING PARAGRAPH 5-26(c), M.C.C., CORRECTING A
NUMERICAL INCONSISTENCY WITH SECTION 5-7, M. C. C. ,
AND DELETING OBSOLETE REFERENCES TO AMPLITUDE;
CONFORMING PARAGRAPHS 5-26(c) AND (d), M.C.C., WITH
NEWLY CREATED PARAGRAPHS 5-22(e), M.C.C., AMENDING
PARAGRAPH 5-28, M.C.C., PROVIDING COUNTY REVOCATION
AUTHORITY FOR VIOLATORS OF CITED FEDERAL REQUIRE-
MENTS AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above ordinance are available for review at
the various Monroe County Public Libraries.
DATED at Key West, Florida, this 9th day of October, 1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
r
NOTICE OF INTENTION TO CONSIDER
' - ADOPTION OF COUNTY ORDINANCE -
NOTICE IS HEREBY GIVEN TO WHOM IT_MAY CONCERN that on
Tuesday,August 4,1987 at 2:00 P.M.at the Marathon Sub-Courthouse,Marathon,
Monroe County,Florida,the Board of County Commissioners of Monroe County,
Florida,intends to consider the adoption of the following County ordinance:
- ORDINANCE NO. -1987
' . / AN ORDINANCE-RELATED TO BLASTING AND EXPLOSIVES; AMEN-
DING SUBPARAGRAPH 5.4 (C) (10), MONROE COUNTY-CODE, -
• CLARIFYING STATUTORY AND ADMINISTRATIVE AUTHORITY;AMEN-
DING,SUBPARAGRAPH 5-4(C)(11),M.C.C.,BY ADDING THE AMERICAN
TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES; CREATING
SUBPARAGRAPH 5-5 (J) (4), M.C.C.; CLARIFYING SIGNAGE
• REQUIREMENTS IN BLAST AREAS; CREATING PARAGRAPH 5-5 (0),
.M.C.C., REGULATING PERSONAL VEHICLE PARKING AT BLASTING
i SITES;AMENDING SECTION 5-7,M.C.C.,BY ADDING A FOULA• CALCULATION OF PARTICLE VELOCITY; CREATING 5ING SECTION OR
M.C.C.,ENTITLED"SONIC DISRUPTION OR AIRBLAST"AND SETTING
FORTH COMPARATIVE NOISE-LEVELS AND PERFORMANCE STAN-
DARDS FOR REGULATION, MEASUREMENT AND CALCULATION OF
MAXIMUM DECIBEL AND AIRBLAST PRESSURE LEVELS PERMITTED
' - AT STRUCTURES NEAR BLASTING SITES; CREATING SECTION 5-7.2,
•
• M.C.C.,ENTITLED"FLYROCK", DEFINING AND REGULATING SAME;
AMENDING THE FOOTNOTE FOLLOWING PARAGRAPH 5-8(D),M.C.C.,TO
CORRECT A SCRIVENOR'S ERROR;AMENDING SECTION 5-10,M.C.C.,
PROVIDING THAT VIOLATIONS OF 30 U.S.C.1201 ET.SEQ.AND 30 C.F.R.
' PARTS 715,780 and 816 WITH RESPECT TO BLASTING PERFORMANCE
STANDARDS FOUND THEREIN ONLY CONSTITUTE VIOLATIONS OF ;
THIS CHAPTER;CREATING PARAGRAPH 5-22(D), M.C.C., PROVIDING
FOR BLASTING DESIGNS,NOTICE TO RESIDENTS OR BUILDING OR j
STRUCTURE OWNERS WITHIN ONE HALF MILE OF BLASTING SITES
AND PROVIDING FOR REQUEST-BASIS PREBLASTING SURVEYS; 1
CREATING PARAGRAPH 5-22 (3), M.C.C.,-PROVIDING MINIMUM PER
FORMANCE STANDARDS FOR SEIS2 )GRAPHS; RELETTERING
PARAGRAPH 5-22(D),M.C.C.AS 5-22(F),M.C.C.;AMENDING PARAGRAPH
5-26(C), M.C:C., TO CORRECT A NUMERICAL INCONSISTENCY WITH
SECTION 5-7,M.C.C.AND TO CONFORM PARAGRAPHS 5-26(C)AND(D),
M.C.C.,-WITH NEWLY CREATED PARZGRAPII 5-22 (E), M.C.C.;
PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE. OF ORDINANCES; PROVIDING FOR'THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- ,
FLICT WITH THIS ORDINANCE;AND PROVIDING FOR AN EFFECTIVE
DATE. -
.. •
Pursuant to Section 286.0105,Florida Statutes,notice is given that i a person
decided to appeal any decision made by the Board with respect to any matter con- Kr"
sidered at such hearings or meetings,he will need a record of the proceedings,and
that,for such purpose,he may need to ensure that a verbatim record of the
d ' proceedings•is made,which record inoludes the.testimoney and evidence upon
which the appeal is to be based. ,
DATED at Key West,Florida,this 13thday of July,1987.
DANNYL.KOLHAGE .
- Clerk of the Circuit Court •
•of Monroe County,Florida , .' , .
. and ex officio Clerk of the
Board of County Commissioners -
. • of Monroe County,Florida
Published:7/23,7/30/87 '
The Reporter
Tavernier,FL 33070
. Z
:1r _
n `-
. • NOTICE OF INTENTION TO CONSIDER
' ADOPTION OF COUNTY ORDINANCE
i
• NOTICE IS HER N TO WHOM IT MAY CONCERN that on
' • - Tuesday,November 3,isu'r at 6:00 p.m.at the Marathon Courthouse,Marathon,
Florida,'on Tuesday,November 17, 1987 at 3:00 p.m.in Courtroom"B", 500
Whitehead Street,Key West,Florida,and on Tuesday becember 1,1987 at 3:00
p.m.at the Plantation Key Government Center,Plantation,Key,Florida,the Board .
of County Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
• ORDINANCE NO. -1987
AN ORDINANCE RELATED TO BLASTING AND EXPLOSIVES;
• AMENDING SECTION 5-1, MONROE COUNTY CODE, UPDATING AND
EXPANDING CERTAIN TECHNICAL DEFINITIONS; AMENDING
SUBPARAGRAPHS 5-4(c)(10),. (11), (13) ND (14), M.C.C., UPDATING
MAGAZINE TERMINOLOGY AND ADDING REGULATORY CITATIONS;
AMENDING SUBPARAGRAPH 5-4(cX11), M.C.C., INCORPORATING BY
REFERENCE THE-AMERICAN TABLE'OF DISTANCES FOR STORAGE OF '
EXPLOSIVES;AMENDING SUBPARAGRAPH 5-4(cX12),M.C:C.,PROVIDING
WAIVER AUTHORITY FOR CERTAIN DISTANCES; AMENDING
- - PARAGRAPH 5-5(a), M.C.C., DEFINING "REMOTE"; AMENDING
PARAGRAPH 5-5(i), UPDATING TERMINOLOGY; AMENDING .
SUBPARAGRAPH 5-5(jX2),M.C.C.,EXTENDING WARNING DISTANCE AND
PROVIDING A REGULATORY CITATION;CREATING SUBPARAGRAPH 5-
5(jX4), M.C.C., CLARIFYING SIGNAGE REQUIREMENTS; AMENDING
•
,'PARAGRAPH 5-5(1), M.C.C., ALLOWING LIMITED USE OF METAL
SLITTERS; CREATING PARAGRAPH 5-5(o), M.C.C., REGULATING
PERSONAL VEHICLE PARKING AT BLASTING SITES; AMENDING ,
SECTION 5-7, M.C.C., DELETING OBSOLETE REFERENCES TO ,
AMPLITUDE; CREATING •SECTION 5-7.1, M.C.C.; ENTITLED , ati
"ATMOSPHERIC OVERPRESSURE OR AIRBLAST PERFORMANCE
' c c s'o, a a. STANDARDS; MONITORING", SETTING FORTH SAFE MAXIMUM
o`'y y F.5 o c R H.a 2.ro DECIBEL LEVELS AT BLAST SITES AND PROVIDING THE BUILDING •
�.d-. .34 2.b n m a 0.y OFFICIAL MAY REQUIRE MONITORING THEREOF;CREATING SECTION
? o S. • ro 3•B•5-m 5 5-7.2 M.C.C., ENTITLED "FLYROCK", DEFINING AND REGULATING
ro'o o ,o-2 N w G n SAME;AMENDING SECTION 5-8(cX2),M.C.C.,DELETING REFERENCE TO ,
o FOLLOWING
co 5' '8 c w g m m w A PARAGRA H VIBRATION
E5-8(d)),,EER;M.C,., CORRECTING AAMENDING THEOTE SCRIVVENER'S ERROR;
• o ro M o a vm w a AMENDING SECTION 5-9,M.C.C.,LETTERING EXISTING LANGUAGE AS
n. "H o c o`-'� C.�` a' EXEMPTIONS FROM PARAGRAPH (a) D CREATING PREBLAST INSPECTION PH REQUIREMENTSS-9(b), DING
FOR
CO
1 cn o S 5•ro w 2 F. EXISTING PERMIT HOLDERS IN CERTAIN CASES;AENDING SECTION •
R' p; 3 3 a o y.c 5-10, M.C.C., PROVIDING THAT VIOLATIONS OF CERTAIN FEDERAL
° 8 o m g S STATUTES AND REGULATIONS CONSTITUTE VIOLATIONS OF THIS
". ^ a's, m B '1' CHAPTER; CREATING PARAGRAPH 5-22(d), M.C.C., PROVIDING FOR
ono _ 5, 3 ° V. y BLASTING DESIGNS, NOTICE TO RESIDENTS OF BUILDINGS OR
G 5 o-Up, Q.a STRUCTURE OWNERS WITHIN A SCALED DISTANCE OF 150 FROM
w K ° -
n' '_m BLASTING SITES, PROVIDING FOR MANDATORY PREBLAST ,
�° e a:H E r INSPECTIONS OF BUILDINGS OR STRUCTURES BY BLASTERS UNLESS
o
�' REFUSED BY OWNER/OCCUPANTS, PROVIDING A FORMULA FOR
td H o N 5 a to
COMPUTATION OF SCALED DISTANCE AND PROVIDING FOR MONTHLY
5 m m 5'"a a n REPORTING TO THE BUILDING OFFICIAL DURING BLASTING
a o .E. 5 F w F e OPERATIONS; CREATING PARAGRAPH 5-22(e), M.C.C., PROVIDING '
2 9 4 3 m m E =w 's y' MONITORING INSTRUMENTATION ACCEPTABLE TO THE BUILDING
15 o R o x-a ,1;91 5 m o OFFICIAL;RELETTERING PARAGRAPH 5-22(d),M.C.C.,AS 5-22(f),M.C.C.,
5 3 0 0 o z s it°-.o°- AMENDING SUBPARAGRAPH 5-22(fX7),M.C.C.,UPDATING AN OBSOLETE
o 4e 2'n H a n:°:,3 5 REFERENCE; AMENDING SECTION 5-25, M.C.C., CORRECTING AN
e B -5..ri.,yy 'o'' n 2 O °; CORR EC A NUMERICAL INCONSISTENCY WITH 2SEcTION), C5-7,
__ a 3.F t< O 3 •5 o 3 5 M.C.C.;•AND DELETING OBSOLETE REFERENCES TO AMPLITUDE;
'o3.8—E -m H 5S-2",o CONFORMING PARAGRAPHS 5-26(c) AND (d), M.C.C., WITH NEWLY
.5 '°'°_r o a 5 • S,H w 4., CREATED PARAGRAPHS 5-22(e),M.C.C.,AMENDING PARAGRAPH 5-28,
w ",m w 5.py o `n'b•°v A o M.C.C.,PROVIDING COUNTY REVOCATION AUTHORITY FOR VIOLATORS-
.-`D y '' o OF CITED FEDERAL REQUIREMENTS AND PROVIDING FOR AN
- EFFECTIVE DATE. .
U
smumm•:
-
- NOTICE OF INTENTION DER
- ADOPTION OF-COUNTY
NOTICE IS HEREBY!GIVEN'TO WHOM IT MAY CONCERN that o_n
- -_ " Tuesday,-.November-.3, ,1987 at,`3:00' P"M._.at-the.Marathon
. } 7,, - Courthouse, Marathon, Florida, on Tuesday, November 17-, 1987 at
• _j
f„�) 3:0'Q P.M,: in Courtroom "B", .500 Whitehead Street,' Key West, i
- ' Florida- and, on Tuesday, December 1:, .1.987 .at 3:00 P.M.' at the
-,;1-• Plantation Key Government Center, Plantation Key, Florida, the,
• e ; r Board of County Commissioners of-Monroe County, Florida, intends I
:=--t to ,consider the adoption of-.the following County Ordinances
I
' ORDINANCE NO. -1987 - • i
AN -ORDINANCE RELATED TO _BLASTING AND• EXPLOSIVES
AMENDING. SECTION 5-1, MONROE COUNTY CODE'; UPDATING -
_ AND EXPANDING CERTAIN TECHNICAL DEFINITIONS;
AMENDING SUBPARAGRAPHS 5-4(c).(10), (11), (13) AND
(14), M.C.C., UPDAT k - .,: , - -
A-DPRt I • I.. ATIONS; AMENDING SUBPARAGRAPH
5-4(c)(11),`M.C.C., INCORPORATING BY REFERENCE THE
• AMERICAN TABLE OF DISTANCES FOR STORAGE OFF EXPLO-
SIVES; AMENDING- SUBPARAGRAPH 5-4(c)(12), M.C.C.,
PROVIDING WAIVER AUTHORITY FOR CERTAIN DISTANCES;
AMENDING PARAGRAPH 5-5(a), M.C.C., DEFINING "RE-
MOTE";. AMENDING PARAGRAPH 5-5(i), UPDATING TERMI-
NOLOGY; AMENDING SUBPARAGRAPH 5-5(j)(2), M.C.C.,
I -EXTENDING WARNING DISTANCE AND PROVIDING A REGU-
LATORY CITATION; CREATING SUBPARAGRAPH 5-5(j)(4),
M.C.C.,' CLARIFYING SIGNAGE REQUIREMENTS; AMENDING
PARAGRAPH 5-5(1), M.C.C., ALLOWING LIMITED USE OF
•
METAL SLITTERS; CREATING PARAGRAPH 5-5(o); M.C.C.,
-- — -- - -- REGULATING PERSONAL VEHICLE PARKING AT BLASTING
r - -SITES; AMENDING SECTION 5-7; M.C-.C.., DELETING
OBSOLETE REFERENCES TO AMPLITUDE( CREATING SECTION
,�. ny K m ro m g us ao 5-7.1, M.C.C., ENTITLED "ATMOSPHERIC OVERPRESSURE
n A w o 0 o D°, a OR AIRBLAST PERFORMANCE STANDARDS;: MONITORING",
�. , < m o w o 7 SETTING FORTH SAFE MAXIMUM. DECIBEL LEVELS AT BLAST
m y' o m n o CD ro ro SITES AND PROVIDING THE, BUILDING OFFICIAL MAY
9 n O n a a ov•. rt C
- H w' ro m r• n m • µ a• .y -- REQUIRE.MONITORING THEREOF; CREATING 'SECTION_ 5-7.2,
o C m C w o - ^ n C M.C.C., ENTITLED "FLYROCK", DEFINING AND REGULATING:
° SANE; AMENDING SECTION 5-8(c)(2), M.C.C., DELETING
m " .n m 0 N _m CD .t M a REFERENCE TO VIBRATION ENGINEER; AMENDING THE
7a :� o ,oy, y • E m FOOTNOTE FOLLOWING PARAGRAPH 5-8(d), M.C.C.,'
•c : ry ,aj •j• m ,~..'• •, a �* CORRECTING A SCRIVENER'S ERROR; AMENDING SECTION
o m `� . a �-' oco
° 5-9, M.C.C., LETTERING' EXISTING LANGUAGE AS PARA- j
a a a m rt m . c GRAPH (a) AND CREATING PARAGRAPH 5-9(b). PROVIDING
Pr e n °C v x o p o y EXEMPTIONS FROM PREBLAST INSPECTION REQUIREMENTS
FOR EXISTING PERMIT HOLDERS IN CERTAIN CASES;
a o m ma w AMENDING SECTION 5-10 M.C.C., 'PROVIDING . THAT
0 ,% ..< m -mo ram• o. n o a VIOLATIONS OF CERTAIN FEDERAL STATUTES AND REGU- •
o ' ,°i 3 e. o ID a . m LATIONS CONSTITUTE VIOLATIONS OF THIS CHAPTER;
v a "a, a ��', m H n a. o. . CREATING PARAGRAPH 5-22(d), M.C.C., PROVIDING FOR
m .- a '- m m a.. a K c BLASTING DESIGNS, NOTICE TO RESIDENTS OF BUILDINGS
03 OR STRUCTURE OWNERS WITHIN A SCALED DISTANCE OF 150
m Fr,• e K .°: m r°n n ro FROM BLASTING SITES, PROVIDING FOR MANDATORY
b w a o n d .+ o fD o °• K o ro PREBLAST INSPECTIONS OF BUILDINGS OR STRUCTURES BY
rho°'""9 QA n a " 0- 0 ro <• BLASTERS UNLESS REFUSED BY OWNER/OCCUPANTS, PROVID-
m O, CDZ DJO• H. m to
3;n =n z `o n n m a m P. m ' ING A FORMULA FOR COMPUTATION OF SCALED DISTANCE
mo am o ar,.e rt ►,. fD ^ '° m '' •°s AND PROVIDING FOR MONTHLY REPORTING TO THE BUILDING
O%M o'r . '� N w m C m O ,t &' r•
o M o o-M• a. • < m p; o m y F. OFFICIAL DURING BLASTING OPERATIONS; CREATING
• m ,em m co CD m < m p. ..< a PARAGRAPH 5-22(e), M.C.C., PROVIDING MONITORING
no►�'•naK o ° m ti o y o v: INSTRUMENTATION ACCEPTABLE TO THE BUILDING OFFI-_ i
o eomr o o CrH. m rt
o �� ►+, ° C K w n , CIAL._.RELETTERING PARAGRAP..H_5.2.2S�d)___Mi ..C.,_ 6___._
K�< K r•> o m m H. m a m c -5-22(f), .M.C.C.; AMENDING SUBPARAGRAPH 5-22(f)(7), f
• n�:< 0 g - A o ,^D M.C.C., UPDATING AN OBSOLETE REFERENCE; AMENDING
„�o,mi„�`F„ Q. o m ti m SECTION 5-25, M.C.C., CORRECTING AN ERRONEOUS TERM;
r� vc'rn m !t n m E. a• a • - AMENDING PARAGRAPH 5-26(c), M.C.C'., CORRECTING A i
n o``io n n ~ 0 n. K w c, a NUMERICAL INCONSISTENCY WITH SECTION 5-7, M.C.G.,
'"m"'+.1 - < o a• -o• w fD K AND DELETING OBSOLETE REFERENCES TO AMPLITUDE;
a��a� w F.. a O ° H. CONFORMING PARAGRAPHS 5-26(c) AND (d), M.C.C, WITH
D/O KibN b m O K O O. n
m m t m m. NEWLY CREATED PARAGRAPHS 5-22(e), M.C.C., AMENDING
• a a o a. o o aa. r• PARAGRAPH 5-28, M.C.C., PROVIDING COUNTY REVOCATION
n o. m n n 'm m AUTHORITY FOR VIOLATORS OF CITED FEDERAL REQUIRE-MENTS AND. PROVIDING FOR AN EFFECTIVE DATE.
PROOF OF PUBLICA ISIEETION TO
CONSIDER.ADOPTION
• OF COUNTY ORDINANCE
' NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
' KEYS KEYNOTER that Tuesday,August 4, then
es THE FLORIDA at 2:0:00 p.m. at the Marathon
• Sub-CourtHouse, Marathon,
' • • Monroe County, Florida, the
Published Weekly Board of County Commissioners
of Monroe.County, Florida, in-
of
thefollowin0 Countyeordi adoption
MARATHON, MONROE COUNTY, FLORIDA ORDINANCE NO.-1987
AN ORDINANCE RELATED
TO BLASTING AND EXPLO-
AGRAPHMS 4((C)))NG(((10),MON-
ROE COUNTY CODE CLARI-
STATE OF FLORIDA ) FYING STATUTORY AND AD-
MINISTRATIVE AUTHORITY,.
AMENDING SUBPARAGRAP
5-4 (C)(11) M.C.C., BY TABLE
THE AMERICAN.TA
COUNTY OF MONROE ) OF DISTANCES FOR STOR-
_ AGE OF•EXPLOSIVES CRE-
ATING SUBPARAGRAPH
5-5(J)(4) M.C.G. CLARIFYING
SIGNAGE REQUIREMENTS IN
BLAST AREAS; CREATING
PARAGRAPH 5-5(0)„ M.C.C.,
Before the undersigned authority personally appeared CHARLOTTE SIKORA REGULATING PERSONAL
VEHICLE PARKING AT
BLASTING SITES;AMENDING
SECTION 5-J7 M.C.C.; BY
that he is SALES MANAGE 12 of The •
FLORIDA KEYS KEYNOTER, a weekly newspaper publi ADDING A FORMULA FOR
CALCULATION OF PARTICLE
VELOCITY; CREATING SEC-
Monroe County, Florida; that the attached copy'of advertisement, being a $LAST AND .SETTING
_ - -I FORTH COMPARATIVE —
IN THE MATTER OF BLASTING TI N G & E XP LOS I VI E S NOISE STANDARDS
FOR REGULATION MEA-
SUREMENT AND CALCULA
• TION OF MAXIMUM DECIBEL
COUrt, WAND AIRBLAST PRESSURE• .
LEVELS PERMITTED AT
STRUCTURES NEAR BLAST-
newspaper in the issues of July 2 2 , 2 9, 1 9 8 7 ING SITES; CREATING SEC-
TION 5-7.2 M.C.C. ENTITLED
FLYROCK' DEFINING AND
• ' REGULATING, SAME;
Affiant further says that the said FLORIDAKEYS KEYNOTER is a newspaper published at Mara- AMENDING THE FOOTNOTE
yFOLLOWING PARAGRAPH
5-8(D) M.C.C.,_TO CORRECT
A SCRIVENER'S ERROR;
thon, in said Monroe County, Florida;'an'd"that the said newspaper has heretofore been continuously AMENDING SECTION
5-10 M.C.C.,PROVIDING THAT
VIOLATIONS OF 30 U.S.C. 1201
S
published in said Monroe County,Florida, each week (on Thursday)and has been entered as second ET.1 S780 AND 81C.F.R.
WITHARE-
RE-
SPECT TO BLASTING-PER-
FORMANCE STANDARDS
class mail matter at thepost office in Marathon, in said Monroe County, Florida, foraperiod of one FOUND THEREIN ONLOF
Y
YCONSTITUTE VIOLATIONS EAT NG
.THIS CHAPTER; CREATING
PARAGRAPH 5-72(D), M.C.C.
year next precedingthe first ublicatiori of'the"attached copyof advertisement; and affiant further ' PROVIDING FOR BLASTING
h DESIGNS, NOTICE TO RESI-
• - DENTS OR BUILDING OR
STRUCTURE OWNERS WITH-
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- IN ONE 'HALFa MILE OF
BLASTING SITES AND PRO-
' VIDING FOR REQUEST BASIS
PREBLASTING: SURVEYS;
mission or refund for the purpose•of•securin•gthis advertisement for publication in the said newspaper. CREATING. PARAGRAPH
_ 5-22(3), M.C.0 PROVIDING
MINIMUM PERFORMANCE
STANDARDS FOR SEISMO-
GRAPHS; RELETTERING
- AS RS 22((F),MCC.; AMEND
ING PARAGRAPH 5-26(C),
• • M.C.C. TO CORRECT A NU-
MERICAL INCONSISTENCY
, , 'WITH SECTION 5-7, M.C.0
(SEAL) AND TO CONFORM PARA-
.
GRAPHS 5-26(C) AND ((D),
M.C.C.,' WITH NEWLY CRE-
ATED PARAGRAPH 5-22(E),
M.C.C.• PROVIDING FOR PROVIDING
SE-
•SWORN TO AND SC BED BEFORE ME THI _ ' FOR INCLUSION IN THE
• MONROE COUNTY CODE OF
•
. . • . ORDINANCES; PROVIDING
Mil! OF A.D. 19 - - - FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF
.• ORDINANCES IN CONFLICT
`� ti = _ WITH THIS ORDINANCE;AND
L r PROVIDING FOR AN EF�FEC-
�Q/yjD/ � • I TIVE DATE.
•
._. `- Pursuant to Section 286.0105,
Florida Statutes, notice is given
ARY PUBLIC STATE F FLORIDA that'if a person decided to ap-
CONNISSION'EXP. peal any decitpn, to eriyv the
AUG 28,1990 Board with respect to'any mat-
P�tIIIEO iNRU GENERAL ter considered at such hearings
_ 1 INS. UND. or meetings,he will need?a rec-
-- - ".'(-4-- ord of the proceedings,and that,:
for such purpose,he may need
"' - to ensure that a verbatim record
^. of the proceedings is made,
' which record includes-the tesli-
mony and evidence upon which.
r the appeal is to be based.
Copies of the above-referenced.
ordinance are available for're-
view
riestIniMonroe CounfYbFIbri-
da. '
S. DATED at Key West„:-Florida;
this lath day of July,1987.
DANNY L.KOLHAGE
I Clerk of Ch7cuit'Ccaurt
' of Monroe County.Florida
an ex officio Clerk of the
Board oreCommissioners
uy
of of ont ,Florida
Pubtish:JUIY 22,29,1987
,", , LFlorida KeYS Keynoter —
e NOTICE OF INTENTION
ADOPTION
TION
---TO CONSIDER PTION
OF COUNTY ORDINANCE-- -
NOTICE IS HEREBY GIVEN TO '
WHOM IT MAY CONCERN that on
I,Tuesday, August 4, 1987 at 2:00 p.m.
• at the Marathon Sub-Courthouse,
Marathon, Monroe County, Florida,
the Board of County Commissioners
of Monroe County, Florida, intends
to consider the adoption of the
following County ordinance:
ORDINANCE NO. -1987
' AN ORDINANCE RELATED TO
BLASTING AND EXPLOSIVES;
AMENDING SUBPARAGRAPH 5-4
(C) (10), MONROE COUNTY
CODE,CLARIFYING STATUTORY
AND ADMINISTRATIVE
AUTHORITY; AMENDING
SUBPARAGRAPH 5-4 (C) (11),
M.C.C., BY ADDING THE
AMERICAN TABLE OF
DISTANCES FOR STORAGE OF
' EXPLOSIVES; CREATING
SUBPARAGRAPH 5-5 (J) (4),
M.C.C., CLARIFYING SIGNAGE
REQUIREMENTS IN BLAST.,.
AREAS;CREATING PARAGRAPH"'
5-5 (0), M.C.C., REGULATING„
PERSONAL VEHICLE PARKING
AT BLASTING SITES;AMENDING
SECTION 5-7, M.C.C., BY ADDING
A FORMULA FOR CALCULATION
OF PARTICLE VELOCITY;
CREATING SECTION 5-7.1,M.C.C.,
ENTITLED "SONIC DISRUPTION I
OR AIR BLAST" AND SETTING I
FORTH COMPARATIVE NOISE
LEVELS AND PERFORMANCE
STANDARDS FOR REGULATION
MEASUREMENT AND
CALCULATION OF MAXIMUM
DECIBEL AND AIRBLAST
PRESSURE LEVELS PER-
MITTED AT STRUCTURES NEAR
BLASTING SITES; CREATING
SECTION 5-7.2, M.C.C. ENTITLED
.•"FLYROCK", DEFINING AND
REGULATING SAME; AMEN-
•DING. THE FOOTNOTE
FOLLOWING PARAGRAPH 5.8
(D), M.C.C., TO CORRECT A
SCRIVENOR'S ERROR; AMEN-
DING SECTION 5-10, M.C.C.,
PROVIDING THAT VIOLATIONS
• OF 30 U.S.C. 1201 ET. SEQ.AND 30
C.F.R. PARTS 715, 780 AND 816 , _
• WITH RESPECT TO BLASTING
PERFORMANCE STANDARDS
FOUND THEREIN ONLY CON- '
STITUTE VIOLATIONS OF THIS _ - -
CHAPTER; CREATING Pursuant to Section 286.0105,
PARAGRAPH 5-22 (D), M.C.C., Florida Statutes,notice is given that
PROVIDING FOR BLASTING if a person decided to appeal any
• DESIGNS, NOTICE TO decision made by the Board with
RESIDENTS OR BUILDING OR respect to any matter considered at
STRUCTURE OWNERS WITHIN such hearingsor meetings; he will '
a
need a record of the proceedings,
ONE HALF MILE_OF BLASTING and that, for such purpose, he may
SITES AND PROVIDING FOR need to ensure that a verbatim '
REQUEST-BASIS PREBLASTING record of the proceedings is made,
SURVEYS; CREATING which record includes the testimony
PARAGRAPH 5-22 (3), M.C.C., and evidence upon which the appeal
PROVIDING MINIMUM PER- , is to be based. '
FORMANCE STANDARDS FOR Copies of the -above-referenced
' SEISMOGRAPHS; R E L E T- ordinance are available for review
•
TERING PARAGRAPH 5-22 (D),•
M.C.C. AS 5-22 (F), M.C.C.; at the various public libraries in
A Co4� t roe
AMENDING PARAGRAPH 5-26 Mo (1 y,Florida.
(C), M.C.C., TO CORRECT A DATED A CeV Wes ,Florida,this
• NUMERICAL INCONSISTENCY 13th day of t)fy,1987, k..aloe •
WITH SECTION 5-7, M.C.C. AN.D 'D4NI .Y L.•KOLHAG4E
TO CONFORM PARAGRAPHS 5-26 Clerk of the Cir6i+Court
(C) AND (D), 'M.C.C., WITH , of Monroe County,Florida
NEWLY CREATED and ex officio Clerk of the
, PARAGRAPHS 5-22 (E), M.C-C.; Board of County Commissioners ;
PROVIDING FOR of Monroe County,Florida
SEVERABILITY; PROVIDING July 16,•23,1987
; FOR INCLUSION IN T LE '
; MONROE COUNTY CODE.; F _
ORDINANCES; PROVIDINGR
THE REPEAL OF ALL 00-
DINANCES OR PARTS OF.„- F-
DINANCES IN CONFLICT -td'';
• THIS ORDINANCE; A1-11 '
.. �lr� 2 3 and 4. on`ne 1-------f-----. l
R: coal E fURN fo"spathia card from P C3E6RT6IFIE2DSMAAIL
ill vide1 •SEo�ddr r ttle' ufnp'ven�e roof �1. RECEIPT F 1 ess in th;s th date `, OR
®; t
it put Y E eilu The ret d 11;:es are :1
tit e. to You. n delivered to 1 [7ENDER
bl rne : Complete items
011 ou the npor addition for / ms 1,2,3 and 4.
deliver steultpos`m I Put your address in rho
C 1 reQues ed. delivery• 3 reverse side.F "RETURN TO"
Space on the
C evsdebl vole t date end address°f being returned to re to do this will prevent this card from
for seN `' ou the name you, he return receipt fee will rovide I
y
ghow to whore. I del For addit o aI s n delivered to and the date of
Yiu�b a.
D erV• I �°' eveilablo,Consult es me following services are
rioted De1�v K for postmaster for f
Q Rest senricefs)reCuested eesandcheck box(ea)
P 2 1. ❑ Show to whom,
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t 3. Article Add Adm;�f "Ode a t a1 I z. ❑ R die of delivery.
al S•
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DePa C P1 oti L ,urr' �(pt I De rldressed to:
, The . s _ ale p of Community Affairs
e .ivpe°fse^""• e-��L� b Post Office .Bo
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0 lowedKey West, FL 33041
isteterl CO0 '
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0 EXPr nature of eddreS 4' TYpe of Service: Article Number
tom 1::,. El Registered ❑ Insured
AlvuaVs�E�IVEREO' U Certified ❑ COD P
pASE Addresses ❑ Express Mail 729 866 258
5• Siretu
re- -
ai Always obtain signature of addreSSee�agent and
• 3 iiieligiA1600111111111011111111111111111111111111111
DATE DELIVERED.
fir G 5..Signature-AddresNe
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m o Put your address in the"RETURN TO"space on the, 5.
3 reverse side.Failure to do this will prevent this card from `„
I r+3 being returned to you.The return receipt fee will provide ;;.A .
P 7 2 9 8 6 6 2 6 1 -•-- e you the name of the person delivered to and the date of
• delivery. For additional foes the following services are t
RECEIPT FOR CERTIFIED MAIL r available.Consult postmaster for fees and check boxes)
NO INSURANCE COVERAGE PROVIDED K for service(s)requested.
NOT FOR INTERNATIONAL MAIL -� Y. _
(See Reverse)
) 1. ❑ Show to whom,date and address of delivery. y �:�
' Sent to A 2. ❑ Restricted Delivery. -----\ ' +\v
Mrs. Liz Cloud, Chiefj
co
Street and No. f' 3. Article Addressed to:
Dept of State cn �" >
P.O.,State and ZIP Code Dept of Community Affairs y
Tallahassee, FL 32301 Howard-'Building
Postage S i�� 2571 Executive, Center Circle, E
Tallahassee, FL ; 32301
Certified Fee
I
S 4. Type of Service: Article Number ,...-.? .I
Special livery Fee
❑ Registered 0 Insured P 729 866 257 XXCertified 0 COD
' Restricted elivery Fee 0 Express Mail -;
rt
Return Receipt showin.
to whom and Da rt
D 1 Always o , in signature of addressee or agent and -
• int- edFve re
�� v �� .. DATE D VERED.
cp Returecei+ oho 'rrg to nr� 5. Signature-Addressee '
'- Date,and Ares of Delivery �g 0
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(n Iry i ' 6. S"gna re-Agent
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Postmark or R � ��f n . (Y-1,1,(,04
•
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FED
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m I 2 8. Addressee's Address(ONLY if requested and fee paid)
a 1
_ . m
-mI
m
-4
• ,, THE KEY WEST CITIZEN
m.
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss .
COUNTY OF MONROE)
Before the undersiged authority personally appeared
g'6. '14-WL.c6, 7V , who on oath says that he is
A-t,\1 • ti /I6U A-G of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; .that •the - -
attached copy of advertisement, being a
in the matter of
, J .-T-i C g- O I ill l i o 4t-u
Co g I D 1;12- A-P b VT-I 0 7J 6 C O U VIA 1 O(Q UAW C&-
RUC-- k eXy'LOS1uES
was published in said newspaper in the issues of
�U L� / o , a-3, (ce7
Affiant further says that the said The Key West 'Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said newspaper has heretofore been continuously pub-
lished in said Monroe County, Florida, each day (except Saturdays)
and has been entered as second class mail matter at the Post Office
in Key West, in said Monroe County, Florida, for a period of one
year next preceeding the first publication of the attached copy
of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
'r E Cyr FLORIDA `�cr •
p”J"1•-r �1RE5 3U1Y 27 193E /�tl
1+16 t,��MN115S1Ot!
(SEAL)_ ,DOND`D ThUU GENEttAL�tdSJPAN� Ui�`
SWORN AI`; SUBSC IBED efore me this 7 day of ,�i/,� 19 �7
— COMMISSION/EXPI( S:
• r NOT PUBLIC
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared.........
l1..E.Hilrri:;wn
, who on oath says that he is ..........
:~.d.verti3i::L !'lc.tr"luger
of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
attached copy of advertisement, being a
,.,,;..
~ A.L ~:c'I'ICE
in
the ~r ~~~ ~cj jJ)
~ -\- e-y.pIoSrl/JtJ
was published in said newspaper in the issues of
c:x:)- '(p, dd I f/oU )(/11Iq~ /
Affiant further says that the said The Key West Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said newspaper has heretofore been continuously pub-
lished in said Monroe County, Florida, each day (except Saturdays)
and has been entered as second class mail matter at the Post Office
in Key West, in said Monroe County, Florida, for a period of one
year next preceeding the first publication of the attached copy
of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
(SE1-ti, )
~~
day of ~, 1991
,
!
,
NOTARY PUBLIC STATE
MY COMMISSION EXP JULY 21.1~91
eONDED THRU GENERAL INS. uH~:
eOMMISSION EXPIRES:
NOTICE OF INTENTION •
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
.NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Tuesday, November 3, 1987 at 3:00 SAND CREATING PARAGRAPH 5-
P.M. at the Marathon Courthouse, IylDl, PROVIDING EXEMPTIONS
Marathon, Florida, on Tuesday, ; FROM PREBLAST INSPECTION
November 17, 1987 at 3:00 P.M. in I REQUIREMENTS FOR EXISTING
Courtroom "B", - 500 Whitehead PERMIT HOLDERS IN CERTAIN
Street, Key West, Florida, and on CASES; AMENDING SECTION 5-
Tuesday, December 1, 1987 at 3:00 10, M.C.C., PROVIDING THAT
P.M. at the Plantation Key ;VIOLATIONS OF CERTAIN
Government Center, Plantation FEDERAL STATUTES AND
Key, Florida, the Board of County REGULATIONS CONSTITUTE
Commissioners of Monroe County, i VIOLATIONS OF THIS CHAPTER;
Florida, intends to consider the ' CREATING PARAGRAPH 5-22(d),
adoption of the following County M.C.C., PROVIDING F O R
Ordinance: BLASTING DESIGNS, NOTICE TO
ORDINANCE NO. -87 RESIDENT OF BUILDINGS OR
AN ORDINANCE RELATED TO, STRUCTURE OWNERS WITHIN A
BLASTING AND EXPLOSIVES; SCALED DISTANCE OF 150 FROM
AMENDING SECTION 5-1,, BLASTi"G SITES, PROVIDING ___
l— --"--- - — MONROE COUNTY CODE, UP- FOR •MANDATORY PREBLAST
DATING AND EXPANDING: INSPECTIONS OF BUILDINGS OR
CERTAIN TECHNICAL STRUCTURES BY BLASTERS
DEFINITIONS; AMENDING UNLESS REFUSED BY OWNER-
SUBPARAGRAPHS 5-4(c)(10), OCCUPANTS, PROVIDING A
(11), (13) and (14), M.C.C., UP- 1 FORMULA FOR COMPUTATION
DATING MAGAZINE TER- ' ,OF SCALED DISTANCE AND
MINOLOGY AND ADDING , PROVIDING FOR MONTHLY
REGULATORY CITATIONS' 'REPORTING TO THE BUILDING
AMENDING SUBPARAGRAPH 5- OFFICIAL DURING BLASTING
4(c)( 11), M.C.C., IN- OPERATIONS; CREATING
CORPORATING BY REFERENCE PARAGRAPH 5-22(e), M.C.C.,
THE AM,ERICAN TABLE OF j PROVIDING MONITORING IN-
DISTANCES FOR STORAGE OF i STRUMENTATION ACCEPTABLE
EXPLOSIVES; AMENDING ITO THE BUILDING OFFICIAL;
SUBPARAGRAPH 5-4(c)(12), RELETTERING PARAGRAPH 5-
M.C.C., PROVIDING WAIVER 22(d), M.C.C., AS 5-22(f), M.C.C.;
AUTHORITY FOR CERTAIN AMENDING SUBPARAGRAPH 5-
DISTANCES; AMENDING ; 22(f)(7), M.C.C., UPDATING AN
PARAGRAPH 5-5(a), M.C.C., , ' OBSOLETE REFERENCE— '
DEFINING "REMOTE"; AMENDING SECTION5-25,M.C.C.,
AMENDING PARAGRAPH 5-5(i), CORRECTING AN ERRONEOUS ,
UPDATING TERMINOLOGY; ' TERM; AMENDING PARAGRAPH
• AMENDING SUBPARAGRAPH 5- 5-26(c), M.C.C., CORRECTING A
5(j)(2), M.C.C., EXTENDING . NUMERICAL INCONSISTENCY
WARNING DISTANCE AND I WITH SECTION 5-7, M.C.C., AND '
_PROVIDING A REGULATORY DELETING OBSOLETE
CITATION; CREATING SUB- ' REFERENCES TO AMPLITUDE;
PARAGRAPH 5-5(j)(4), M.C.C., , ;CONFORMING PARAGRAPHS 5-
CLARIFYING SIGNAGE 26(c) AND (d), M.C.C., WITH
REQUIREMENTS; AMENDING ' NEWLY CREATED
PARAGRAPH 5-5(1), M.C.C., PARAGRAPHS 5-22(e), M.C.C.,
ALLOWING LIMITED USE OF AMENDING PARAGRAPH 5-28,
METAL SLITTERS; CREATING ' M.C.C., PROVIDING COUNTY
_ - _ - PARAGRAPH 5-5(o), M.C.C., --- --- - - -REVOCATION AUTHORITY FOR --- - ----- - -
REGULATING PERSONAL VIOLATORS OF CITED FEDERAL
VEHICLE PARKING AT 'REQUIREMENTS AND
BLASTING SITES; AMENDING ;PROVIDING FOR AN EFFECTIVE
SECTION 5-7, M.C.C., DELETING ,DATE.
OBSOLETE REFERENCES TO Pursuant to Section 286.0105,
AMPLITUDE; CREATING SEC- ' Florida, Statutes,notice-is given that
TION 5-7.1, M.C.C., ENTITLED :if a person decided 'to appeal any
"ATMOSPHERIC OVER- decision made by the Board with
PRESSURE O R A I R BLAST respect to any matter considered at
PERFORMANCE STANDARDS; such hearings or meetings, he will
MONITORING",SETTING FORTH 'need a record of the proceedings,
SAFE MAXIMUM DECIBEL :and that, for such purpose, he may
LEVELS AT BLAST SITES AND need to ensure that a verbatim
PROVIDING THE BUILDING ' record of the proceedings is made, -
O F F I C I A L MAY REQUIRE which record includes the testimony -
M O N I T O R I N G THEREOF; 'and evidence upon which the appeal
CREATING SECTION 5-7.2,M.C.C., is to be bated,
ENTITLED "FLY ROCK", Copies of the above ordinance are
DEFINING AND REGULATING available for review at the various
SAME; AMENDING SECTION 5- ' Monroe County Public Libraries.
8(c)(2), M.C.C., DELETING ' DATED1at'Key West, Florida,this
REFERENCE TO VIBRATION 9th day of October,1987
ENGINEER; AMENDING THE
FOOTNOTE FOLLOWING DANNYL.KOLHAG=
PARAGRAPH 5-8(d), M.C.C., ' clerk of the Circuit Court of Monroe
CORRECTING A SCRIVENER'S County, Florida and ex officio Clerk
ERROR; AMENDING SECTION 5- of the Board of County Com-
9, M.C.G., LETTERING EXISTING missioners of Monroe County,
LANGUAGE AS PARAGRAPH (a) Florida
.,..-
/.
PROOF OF PUBLICATION
~ r
THE FLORIDA KEYS KEYNOTER
,Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE )
that he is
Before the undersigned authority personally appeare,d
SALES MANAGER
,.
CHARLOTTE SIKORA
, who on oath, says
of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
NOTICE TO CONSIDER ORDINANCE
Monroe County, Florida; that the attached copy of advertisement, being a
IN THE MATTER OF
BLASTING AND EXPLOSIVES
in the
Court, was published in said
newspaper in the issues of
October 21,28,Nov.4,1987
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post ~ffice in Marathon, in said Monroe County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, com-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper.
,
DAY OF
eq;;:L'~
.~h
1922
1~
(SEAL)
F
.orARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. AUG 2B,1990
OOllltD IHRU GEIIERAL liS. UNO.
:)
CALL CLASStl'tED ~-,S5S1
described;
from said' POINT 0
North 15 degrees, 2
117.28 feet;
thence bear North
seconds East and ~
feet; thence bear SOl
seconds East, 117.2t
way line of Old State
thence Bear South
seconds West. slOO
line of Old.State Rae
OF ~EGrNNrNG.
PROOF OF PUBLICATION
7~~
BOX 1197} TAVERNIER} FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authnrity personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF
in the
NJTI CE OF I NTENT ION TO CONS IDER
Court, was published in said
7-73 & 7-30-87
newspaper in the issues of
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
~
SEAL
SWORN TO AND
~#1ll)6Lf /I
SUBSCRIB' D BEFORE ME THIS
'-.
30TH
JUL~9~
~RY PUBLIC
,
EXP I RES I NOTARY PUBLIC STATE o~' FLORIDA
", LU"~lbblUN typo APR. 2,1991
BONDED THRU GE~C~AL INS. UNO.
DAY OF
MY COMMISSION
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authnrity personally appeared
, who on oath, says that he is
of THE REPORTER, a weekly newspaper published at Tavernier,
that the attached copy of advertisement, being a
DAGNY WOLFF
EDITOR & PUBLISHER
Monroe County, Florida;
LEGAL NOTICE
IN THE MATTER OF NOTICE OF INTENTION
in the Court, was published in said
newspaper in the issues of 10-15.1 11-5.1 10-22.1 11-19-87
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS
19TH
DAY OF
NOll" Z'
r '
~%&P// -
------ NOTARY PUBLIC
MY COMMISSION E:ClPflR~t...iC)IA:[ .y "L'P,'i.
~v ::-(",".i. :",1:1/,/ En', ",-pr. -:, !'-,~H
')I,~I,- !"if ,-,~t tN'" Ij~~:",~
-';'~:'.3
J/i:i
,.:4.
':;~
1\ ~~~t~'''''-'-
ORDINANCE NO. -1987
AN ORDINANCE AMENDING ORDINANCE NUMBER 031-1986 ,BY
REPEALING SECTIONS ll(c) AND 12 OF THAT ORDINANCE AND BY
SUBSTI'l'UTING A NEW SECTION 12 THEREFORE IN ORDER TO PROVIDE
FOR AN INTERIM PROCEDURE TO ACQUIRE PROPERTIES WITH
FUNDING AVAILABLE UNDER A 1987 CONTRACT WITll_:'~~
"
.... 8P 1NTD'ftIIIC1O( II I '1
~ OPcoml'I't...........
NOTICE IS HER N TO WHOM IT MAY CONCEltN that on
n-lay, NovemlNf a, !1Hl1 at 0>:00 p.m. at the........ ~. JIarIotbon,
~~S=-~N;=';ro~=':~~~98,'~B',at,\~
p.m.. the PIlm~x.y GovernmemCenter. ~K-;~ the Board
of County Comin~ners of Monroe ~" Florida, ,lllteftd3 to Consider the
adoption of the folIowingCouuty Ordi_: \.
, , ORIlINANCENO, -l9l!7'
AN <OJl.DINA~CE, RELATED TO BLASTING AND EXPLOSIVES;
AMENDm(UIIl~n~~ '1),1. MONRO! roUNTY, CO.PE, Ul'DATlNG ,AND
EXPANDING CERTAIN TECHNICAL DEFII'ilT10NS; AIIENI>ING
SUB~ARAGRAPHS 6-"c)(10), (11), (13) Ntl(l4), M.C.C.; UPtlATING
MAGAZINE TE1U(JNOWGY AND ,ADDING REGULATORY CITATIONS;
AMENDING SUBPARAGIU.PH ~e)(m, M.C.C" INCORPORATING BY
REFERENCE THE' AMERICAN TAB~()' DlS'rANCESroIt STORAGE OF
EXPLOSIVES; AMENDING SUBPARA~B,&4C~)(ll), II.C,C., PRO~G
WAIVER AUTHORIT1' FOil CERTAIHDISTANCES; AMENDING
PARAGRAPH l),6(a), M.C_C., DEFINING "REMOTE.'; AMENDING
PARAGRAPH 5-6(i). UPDATING. URMINOLOGY; AII~NDING
SUBPARAGRAPH ~liQ'X2). M.C.C"EXTE!tIDlN'C WAltNING DISTANCE Afro
PROvmING ARJ;<lULATORY CITATION; ~'l',1NG IMlPAltAGRAPH 6-
liQ'X4); M.C.C'.. CLARIFYING SIGNAGI: ~;~ING
PARAGRAPH 1),6(1), M_C.C., ALLOWING1JJIJ'I'f:D 'USllc,cOrMMAL
SLlTTERS; CJIlATlNG PARAGRAPH 1),11(0). JiI.C,C;" REGULATING
PERSONAJ, VEH1CLE, 'PARKING AT BLASTING' SITES; "AJilBHDlNG
SECTION 5-7, 'II.C,C., DELETING OBSQLETE REFll'I$NCES TO
AMPLITUDE; CREATING, SECTION 1),7.1" M,"C.C.; ENTITLED
"ATMOSPHERiC ,OVERPRESSUU OR A~:r.tPlaro"ANCE
STANDARDS; MONITORING", llJ:1'!'llNG'~_S""MAXIJlUM
DECIBEL LEVELS AT BLAST SITES AND PftOVIDINGTHE BUILDING
OFFICIAL MAY REQUIRE MONITORING THEREOF; ~TING SECTION
1),7.2, M,C,C..EI'ITITLED "FLYROCK", DEFINING. AND REGULATING
SAME; AMENDINGSECTJ()N 5-8(e)(2), M,C.C., DELETING REFERENCE TO
VIBRATION, ENGINEER; AMENDING THE FOOTNOTE FOLLOWING
PARAGRAPH 5-8(11), M,C,C., CORRECTING, A SCRIVENER'S ERROR;
AMENDING SECTION 5-9" M,C,C" J.E1TER1Na EXISTING ~GUA(lE AS
PARAGRAPH (a) AND CREATING PARAGRAPJI 5-!l(b), PROYIDING
E,XEMPrJONS 'FROM PREBLAST INSPEc::TION' REQUIREMP;lft'S ,.FOR
EXISTING PERMIT HOLDERS IN CERTAIN CAsES: AQNDlNG SECTION
5-10, M.C,C., PROVIDING THAT VlOI!ATIONSO,F CEtt'tAINFEpERAL
STATUTES AND REGULATIONS CONSTITPTEVIOLATlONS QF THIS
CHAPI'ER; CIU:ATING PARAGRAPH 5-~d),~;C,C.. 1'R6VIDING FOR
BLASTING DESIGNS, NOTICE TO, RESIDENTS Ot" BUILDINGS' OR
STRUCTURE OWNERS WITHIN A SCA1J:P DIST~CE OF 150 FROM
BJ,ASTING SITf;S, PROVIDING, FOXt.'.AHPA'rollY' PREBJ.,AgT
INSPPlCTtONSOf'BUlLDINGS ORSTlttJC'i'tJlUSBt BLASTERS mu:ll8
R!iFtlSED 'BY OlmPlRlOCCuPANrS,. PIloVlDING A FORJiIULA FOR
COMPUTATION OF SCALED DISTANCE AND PROVIDING FORllIONTHL Y
REPORTING ,TO THE BUILDING OFFICIAL DURING BLASTING
OPERATIONS; CREATING PARAGMPI{ 1),22(8), M.C,C., PROVIDING
MONITORING INSTRUMENTATION ACCEPI'ABLE TO THE BUILDING
OFFICIAL: RELETTERING PARAGRAPH 5-22(d), M.C.C., AS 5-22(1), M.C,C_,
AMENDING SUBPARAGRAPH 5-22(1)(7), M,C,C., uPDATING AN OBSQLt:TE
REFERENCE: AMENDING SECTION 5-25, II,C.C.,CORJlECTlNG AN
ERRONEOUS TERM; AMENDING PARAGRAPH 5-26(c), M.C,C.,
CORRECTING A NUMERICAL INCONSISTENCY WITH, SE(:TION 5-7,
II,C,C"AND DEloETING OBSOLETE REFERENCES TO AMPLITUDE;
CONFORMING PARAGRAPHS 5-26(e) AND (d). M.C.C". WI'X'8'NX!:WLY
CREATED PARA(ltlAPHS 5-22(e), M,C.C" AMENDING l'AJl,AGMf>UI),28,
M.C.C., PROVlDINGroUNTY REVOCATIONAUTH()~~,VlOLATORS
OF CITED FEDERAL REQUIREMENTS AND PRO'91DING FOR AN
EFFECTIVE DATE, .,
I
Pursuant to Section 2841.0105, Florida Statutes. notice is given that if a person
decided to appeal' any decision mede b1 the Board with respeet to any ,matter
considered at IlUeh bearings pr meetings, he will need a record of the proceedings,
and that, for suell pIIJ'plllIe, he may need to ensure that a verbatim record of the
proceedings is made, whiel1 record includes the testimony and evidence upon which'
the appeal is to IMt balMld."" ,
Copi... of the !!hove ordilllinee an> lIVaI)able for, rl!YieW at the various Monroe
C~~~ooL~, '
,DATED at Key WeSt, Florida, this 9th day of OetolMtr, 198~
DANNYL.KOLHAGE
Clerk of the Cireuit Court
oj M'1Droe Coun~, Florida
...." officio (''IilrkOf the
Board ofCoW1~ Comm~ners
of Monroe Co,:",~, Florida
'~: llWl!l, i-' 11/1/ ""11119187
""~r
Tavernier, ....ll3O'1O
..
"
1Bannp 'I. kolbage
BRANCH OFFIcl
3117 OVERSE~ HIGHWAY
MARATHON. "-'ORIDA ~050
TEL. (3051 743-9036
r
,
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
February 9, 1988
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
~
r-
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
'-... TEL_ (305) 852-9253
~
Enclosed please find a certified copy of Ordinance
No. 001-1988 related to Blasting and Explosives.
This Ordinance was adopted by the Monroe eounty
Board of County Commissioners at a Regular Meeting in formal
session on January 5, 1988.
Please file for record.
(
I'
Very truly yours,
)
i
Danny L. KO.Lhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
(
,
By:
Rosalie L. onnolly
Deputy Clerk
cc: Municipal Code Corp.
Department of Community Affairs
Mayor E. Lytton
County Attorney L. Proby
County Administrator T. Brown
Pl~ing, Building & zoning Director
LYlle
P 72-9 '?&G ~Co (
.,
~~l~
P l2- '1 <6 (Ph ::::25 7
o c.J'P'. - iL.~ W eo-C
p 72..4'ic.,l,.. ~~g
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
Dorothy W. Joyce
Division Director
February 11, 1988
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly; Deputy Clerk
Dear "ir. Kolhage:
cPursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge: Reg. R 308 710 229
Cert. P 729 866 261
1. Receipt of letter/s of February 9, 1988
Monroe
and certified copy/ies of
County Ordinance(s) 88-1 and Emergency Ord. 88-09
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed th~s/these ordinances in this office
on February 11, 1988.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
S)::jJerelY. ~
L}h~, Chief
Bureau of Administrative Code
LC / mb
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
"
ACKNOWLEDGMENT
U)
DATE: February 11, 1988
TO: Monroe County, Florida
(Supplement No. 33)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos.
001-1988 and 009-1988
Thank you for your assistance and cooperation.
PI
f(~ fM~
Robert L. Laslie
Vice President. Supplements
Municipal Code Corporation