Sec. 55-1. - Title and citation.

This article shall be known and may be cited as the "Collier County Explosives Regulations."

(Ord. No. 04-55, § 2.D.)

Sec. 55-2. - Purpose.

This article is intended to control and regulate explosives in Collier County for the protection of the public health, safety, and welfare of its citizens and to prevent damage to property, personal injury and loss of life resulting from detonations of explosives. Further this Article is intended to prevent the possession and use of explosives by unauthorized persons in the unincorporated areas of Collier County, or in roadways maintained by Collier County but which lie within municipal boundaries of Collier County, and to protect the structural and physical integrity of private and public facilities and materials along such roadways. It is to be liberally construed to accomplish such intent and purpose. Further, it is the intent of this article to recognize that a user of explosives license and blaster permit must be approved and issued by the State of Florida and that, in addition to the requirements of this article, the user and blaster is responsible for compliance with state or federal explosive regulations including, but not limited to, the following:

(1)

The United States Department of Labor Occupational Safety and Health Administration, Occupational Safety and Health Standards, subpart H, Explosives and Blasting Agents, section 1910.109, and subpart U, Blasting and the Use of Explosive B, section 1926.900 through and including section 1926.914.

(2)

The State of Florida enactment of F.S. ch. 552 and the state fire marshal's regulatory rules designated as chapter 4A-2, Florida Administrative Code.

(3)

The National Fire Protection Association 495, Code for the Manufacture, Transportation, Storage and Use of Explosive Materials 1985 Edition.

(Ord. No. 04-55, § 2.D.)

Sec. 55-3. - Applicability; permit required.

It shall be unlawful for any person to acquire, possess, handle, dispose of, store or use an explosive in Collier County without first obtaining a Collier County user/blaster permit (hereinafter referred to as "permit") issued pursuant to the provisions of this article. A permit obtained by a user in accordance with provisions of this article shall be sufficient to authorize those blasters and handlers who are employed or engaged by the user and who are fully disclosed to Collier County in accordance with permit application requirements and conditions of this article.

(Ord. No. 04-55, § 2.D.)

Sec. 55-4. - Exemptions from permit requirements.

The following are exempt from the provisions of this article:

(1)

The United States Department of the Interior Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service or the Collier County Sheriff's designated employee/personnel and all other law enforcement officials acting in their respective official capacities in performance of their duties. This exemption shall be applicable only to the personnel of these agencies and shall not apply to private contractors and subcontractors employed by these agencies.

(2)

The sale and delivery of explosives and the sale or use of pyrotechnics (fireworks) in accordance with applicable Collier County ordinances.

(3)

The transportation of explosives through Collier County under regulations of the Federal Department of Transportation 49 CFR (Code of Federal Regulations) parts 100 to 177.

(4)

The Armed Forces of the United States or the state militia.

(5)

The possession, transportation and use of small arms ammunition and supplies such as black powder and smokeless powder.

(Ord. No. 04-55, § 2.D.)

Sec. 55-5. - Permit application requirements and conditions.

(a)

General application requirements. Application for the Collier County user/blaster permit shall be signed by the user and filed with the engineering services department. The application shall detail the purpose of the permit and shall include, but shall not be limited to, the following data and information or, where applicable, shall have such data and information submitted as an attachment. It is not the intent of this Article to require an applicant who has previously obtained a State of Florida user of explosives license or explosive blaster permit to again produce original data and information (other than the originals requested in (1) through (6) below) that was supplied as part of the application process for the state license or permit and which original data and information is on file with the engineering services department. In the event that application data or information required by this section has been previously supplied to the department of natural resources, the applicant may supply copies of such information to Collier County to fulfill the specific data or information requirement.

(1)

A Collier County fingerprint information card which has been completed by the user (or its legal representative), all blasters and handlers.

(2)

Full name, address and the telephone number of the user or its representatives.

(3)

A physical description of the user and all blasters and handlers.

(4)

Fingerprints of the user and all blasters and handlers.

(5)

The signature of the user and all blasters and handlers.

(6)

Recent photographs of the user and all blasters and handlers.

(7)

Location of the site at which blasting will occur, including section, township, and range.

(8)

The dates on which the blasting is expected to commence and terminate and a detailed explanation of the reason and purpose of the blasting.

(9)

Copies of the user's State of Florida user of explosives and explosive blaster permit licenses and when applicable manufacturers distributor of explosives State of Florida explosive license.

(10)

Blasting activities will not be permitted within 350 feet of any existing structures, structures under construction, or within 350 feet of public rights-of-way.

(11)

Written authorization or proof of authorization from the owner of the site, setting forth the name, address and telephone number of the owner(s) and providing:

a.

Authorization to blast on the property; and

b.

Authorization for the county's personnel to enter upon the property from time to time in order to carry out inspections and verify compliance with the provisions of this article and the blasting permit.

c.

For geophysical seismic operations, legal permission, which may be in the form of a lease, written permission of an owner of the minerals, or an affidavit of the applicant affirming that he will obtain permission to conduct geophysical seismic operations using explosives for oil, gas, or minerals underlying the lands.

d.

Evidence of compliance with the insurance requirements as set forth in section 55-10 of this article.

e.

Evidence of permit approvals, where applicable, from the State of Florida department of natural resources, or other federal, state or local agencies having jurisdiction over the proposed work.

f.

A written statement that the user has read this article and agrees to conduct all blasting activities in accordance with this article and all applicable county and state codes and laws.

g.

The name, address, and telephone number of the seismologist whose services will be used if conditions warrant for the duration of the blasting activities.

h.

Verification of project development approval by Collier County when the blasting is to be done in conjunction with such development.

(12)

Any other information or data reasonably required and requested by the County Manager or designee in order to fully review or evaluate any special circumstances or considerations for permit application approval applicable to specific blasting site(s). (Other information or data required and requested by the county manager or designee is not intended to require the submission of geophysical information or data when the confidentiality of such information or data is protected by common law, state statute or an administrative rule promulgated thereunder.)

(b)

Blasting/explosives information.

(1)

A site plan showing the intended blasting locations and expected pattern of explosions. For geophysical seismic blasting a location map shall be submitted in place of the site plan.

(2)

A full description of the following blasting information (in cases where a manufacturer, distributor or dealer who is acting as a user in conjunction with a commercial excavation and that site's representative(s) is purchasing explosives and has a user's license, it shall be the responsibility of the site's user or blaster to supply the appropriate information contained below to the county manager or designee for review and approval prior to placement of explosives within the ground):

a.

Depth and number of holes.

b.

Size of the holes.

c.

Size of the explosive charges.

d.

Maximum number of pounds of explosives per hole; maximum pounds per delay.

e.

Number of holes which are planned to be shot each day.

f.

Type of initiation device to be utilized, i.e., blasting caps, detonating cord, etc.

g.

The pounds per shot when underwater "doby" detonation is performed (if such information is applicable to the blasting activity).

(3)

When geophysical seismic blasting is to occur, the application shall include a list of the names, addresses, social security numbers and telephone numbers of all employees of the geophysical seismic parties.

a.

The user shall update the list and applicable information should it become necessary during the geophysical seismic operation.

b.

The user shall provide a statement that all blasters and handlers are employed by the user and that the user accepts full responsibility for the actions of all blasters and handlers while engaged in the course and scope of their employment by user.

c.

The user shall file with the county manager or designee, at the time of permit application, the name, address, telephone number and business affiliation of a third party observer(s) who meets all requirements of this article.

(Ord. No. 04-55, § 2.D.)

Sec. 55-6. - Obligation of user to utilities.

Prior to permit issuance, the user shall make appropriate arrangements with all utility companies which may be affected by the blasting to minimize the chance of damage to utility facilities. The user shall notify, at least 24 hours prior to blasting, all utility companies which have facilities or equipment which may be affected by the blasting.

(Ord. No. 04-55, § 2.D.)

Sec. 55-7. - Permit application review procedures.

(a)

Upon submittal of a complete application to the office of the engineering services director, processing of the application will commence, except that:

(1)

A field review of the site may be required at the discretion of the county manager or designee.

(2)

Checks may be performed by law enforcement officials on all permit requests and on the user, blaster, or handler.

(b)

Pre-blast inspections required.

(1)

Prior to detonation of explosives a list of all pre-blast inspections performed shall be provided to the engineering services department. Pre-blast inspections are required for structures if one of the following conditions has been satisfied:

a.

If the structure is within a distance of 200 feet times the square root of the charge away from the blast, as illustrated by the following formula:

D= 200 x W ½

(Where "D" equals the distance in feet and "W" equals the weight of the charge in pounds of explosives per delay.)

b.

If the structure is within 500 feet of the blast permitted for any size charge.

(2)

Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or their representative. The pre-blast survey inspection shall consist of complete documentation of all visible interior and exterior defects observed at the structure. The inspection documentation shall be prepared on 8½ by 11 or 8½ by 14 sheet(s) of paper. The date of the inspection must be indicated on the documentation.

Interior and/or exterior 35 mm photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken.

A list of all pre-blast surveys shall be received by the engineering services department no later than five days prior to the planned commencement of blasting. A location map indicating the streets and structures involved shall be submitted together with this list.

(c)

Pre-blast notification required.

(1)

The applicant shall provide written notification to residents who have not received a pre-blast inspection of the pending blast at least ten days prior to the commencement of the initial blast. The notification brochure shall be mailed or placed on the front door of each individual residence within the notification radius. A list of the property owners who were notified shall be furnished to the county prior to blasting.

(2)

Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 200 feet, plus an additional 50 percent.

(3)

The written notification shall describe the blasting which will take place, its effect on the residents, their ability to obtain a pre-blast survey and how to contact the user or his or her representative with any blast related complaints or claims. Property owners shall be given a five-day window to respond to the availability and their desire to obtain a pre-blast survey.

(4)

If blasting is suspended in an area for a period of 90 days or longer, renotification of all, residents within the radius calculated for a scaled distance of 200 feet plus an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting.

(d)

Within ten working days after an application has been fully completed, as determined by the engineering services director, or his designee, and submitted to the engineering services director, or his designee, the engineering services director, or his designee, shall:

(1)

Approve the application and issue a permit with such conditions, if any, which may be deemed necessary; or

(2)

Notify the permit applicant, in writing, of the reason(s) for the delay or denial of the permit.

a.

If a delay is necessary, the reason(s) for the delay and any additional required application information necessary to meet the purpose and requirements of this Article shall be explained to the applicant, in writing, and shall be forwarded by certified mail, return receipt requested;

b.

If additional required information consistent with the intent and purpose of this article is requested and is not supplied by the applicant within 30 days after being notified, the notification of delay shall constitute a notice of denial.

(3)

When a permit application has been denied by the county manager or designee or when a permit has been issued subject to conditions, the applicant may appeal such decision by filing a written notice of appeal with the board, with a copy to the county manager or designee, within ten working days after notification of such denial or conditions. Within 45 days a public hearing shall be scheduled before the board at which time the board shall review those facts presented by the applicant and the county manager or designee and shall thereafter determine whether the application is sufficient and in compliance with the provisions of this article. Thereafter, the board shall either render a decision upholding the decision of the county manager or designee or shall direct the county manager or designee to issue the permit with such stipulations, if any, as may be deemed necessary by the board.

(Ord. No. 04-55, § 2.D.)

Sec. 55-8. - Issuance of permit; prohibitions.

(a)

Each permit issued by the county shall set forth, at a minimum, the full name, date of birth, address and telephone number of the user and any conditions or restrictions placed upon the permit by the county.

(b)

A permit shall be valid solely for the use by the permittee and shall not be transferred or assigned without written board approval.

(c)

No permit shall be issued or be allowed to remain in effect for any natural person:

(1)

Who is under 18 years of age; or

(2)

Who has been convicted of a felony and has not been pardoned or had his civil rights restored; or

(3)

Who has been adjudicated mentally incompetent and has not had his civil rights restored.

(Ord. No. 04-55, § 2.D.)

Sec. 55-9. - Limitations and conditions.

(a)

The county manager or designee shall, in determining and imposing reasonable limitations and conditions, consider the prevention of personal injury, loss of life and damage to property, as well as the general considerations of public health, safety and welfare.

(b)

The county manager or designee may impose limitations and conditions for each permit issued including, but not limited to, the following:

(1)

A cash or surety bond or letter of credit in such amount as may be deemed necessary by the county manager or designee or the board for the financial protection of adjacent or nearby public property or facilities. The bond or letter of credit shall be drawn in favor of Collier County and the terms of the instrument shall be such that it provides for forfeiture of the bond or credit upon written demand by the county manager or designee specifying the public property or facilities damaged and the amount of damage. In the event that the applicant has provided a cash or surety bond or letter of credit to the State of Florida in fulfillment of state license bond requirements and the county manager or designee determines that such security is in effect in such amount and type so as to provide the financial protection required by this section, the county manager or designee shall permit the applicant to provide such current security with an endorsement or rider in favor of Collier County.

(2)

A condition limiting the amount and type of explosive which may be used at any one 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.

(3)

A condition requiring the user to conduct a series of test shots to determine that vibrations are within required limitations.

(4)

From time to time to change, amend, modify or impose more restrictive conditions and limitations if circumstances and conditions at and surrounding the site area concerned so warrant or prove to be necessary in order to carry out the purpose for which the conditions and limitations were imposed.

(c)

If such conditions and limitations are found by the county manager or designee to be too restrictive, he may modify them accordingly within the bounds of 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 County Manager or designee until and unless the permittee shall first demonstrate to the satisfaction of the county manager or designee by due and proper proof that the desired increase would not in any event result in a resultant peak particle velocity in excess of that prescribed in section 55-13(e)(1).

(d)

To verify the use of an amount of explosive which will result in vibrations up to but not exceeding the required limits of this article, the county manager or designee shall require that the user provide a minimum of one continuous monitoring seismic instrument for use during the daily blasting segments to ascertain that described limits are not exceeded at the nearest building or structure. The user shall be responsible for all costs incurred in providing such monitoring.

(1)

The seismic instrument shall be placed at a location either on the blasting site or the instrument may be relocated to an off-site location.

(2)

The county manager or designee shall be advised of the instrument's location.

(3)

The results from the seismic instrument shall be provided to and analyzed by a seismologist who shall sign the results of his analysis. The seismologist shall be an individual or firm specializing in the measurement and evaluation of short-term air and ground vibrations produced through detonation of explosives. The seismologist shall have experience in instrumentation, explosives, and the effects of vibration upon structures and a minimum of five years experience supervising and/or monitoring the use of explosives.

(4)

All original records of the seismic analysis will be the property of the user but a copy of the seismic results and/or analysis shall be furnished to the community development and environmental services administrator, or his designee, with full and complete and supporting data within seven days from the date of the actual blast.

(5)

Each instrument shall be frequently checked to insure proper operation and shall be calibrated annually. Notification of the calibration date shall be supplied to the county manager or designee.

(6)

The county manager or designee is authorized to waive the requirement for a continuous monitoring seismic instrument if the county manager or designee determines that the instrument is unnecessary as a result of existing monitoring data or in the event that there are no probable adverse impacts due to the remote and isolated location of the blasting.

(Ord. No. 04-55, § 2.D.)

Sec. 55-10. - Issuance.

(a)

The county manager or designee, as a condition to the issuance of a permit, shall require evidence of insurance coverage to protect the applicant, Collier County and the public as follows:

(1)

Workers' compensation as required by Florida law.

(2)

Comprehensive general liability (including, but not limited to explosive hazard, collapse hazard, underground property damage, contractual liability)—bodily injury, personal injury: $1,000,000.00 each occurrence and aggregate; property damage: $1,000,000.00 each occurrence and aggregate.

(3)

Additional coverage as may be required depending on special circumstances.

(b)

A certificate of insurance shall be provided to the county manager or designee to confirm that the above insurance coverage will be in effect during the entire period of blasting. The insurance coverage shall not be canceled or changed without a minimum of 30 days' prior written notice to the county manager or designee.

(Ord. No. 04-55, § 2.D.)

Sec. 55-11. - Fees.

(a)

The following nonrefundable, nontransferable permit application fees shall be applicable to all permit applications submitted after the effective date of this article:

(1)

A fee set by resolution per site will be charged for issuance of a 30-day permit.

(2)

A fee set by resolution per site will be charged for issuance of a 90-day permit.

(3)

A fee set by resolution per site will be charged for issuance of a yearly permit.

(4)

A fee set by resolution will be charged for each handler who assists the user or blaster in the use of explosives. It shall be the user and blaster's responsibility to ensure the handler's permits are kept current with the county manager or designee.

(5)

If it is necessary to renew a permit, a renewal fee, set by resolution, per permit will be charged. The renewal shall be for only 30 days and shall only be renewed twice for the same permit.

(6)

Permit fees may be waived in those cases where blasting is to be performed for a governmental agency.

(b)

An after-the-fact permit may be granted, at the sole discretion of the county manager or designee, where it is verified that the applicant has submitted all application information required by this article and said applicant would have been granted a permit pursuant to an original application. The following fees and conditions shall be applicable to an after-the-fact permit:

(1)

A fee set by resolution for the issuance of the permit; and

(2)

A fine set by resolution per detonated shot; and

(3)

Correction of all applicable damages caused by the blasting; and

(4)

A six-month moratorium for the user and blaster on future permit application requests within Collier County;

The issuance of an after-the-fact permit or the payment of an after-the-fact permit fee shall not prevent or prohibit the county from imposing or pursuing such other administrative, civil or criminal penalties as may be deemed appropriate.

(Ord. No. 04-55, § 2.D.)

Sec. 55-12. - Information and requirements during and subsequent to geophysical seismic blasting.

(a)

For geophysical seismic blasting and under such other circumstances as may be specified by the county manager or designee, the following requirements shall be applicable during blasting operations:

(1)

The user shall provide a location map of all intended shot points along all survey lines to the county manager or designee prior to drilling and loading any shot holes. The location map shall be appropriately keyed with symbols and shall be on an aerial photographic base at a scale of one inch equals 400 feet.

(2)

The user shall provide, at his expense, an independent third party observer(s) who shall be thoroughly familiar with applicable county ordinances, the rules of the state fire marshal and current State of Florida department of natural resources geophysical rules and shall, when practical, meet all Florida state police board standards. The third party observer(s) shall witness the drilling, loading, shooting and plugging of all holes detonated by the user and shall maintain a shooting log book as required by the department of natural resources. In addition, no remedial operations to neutralize an undetonated shot hole shall take place without the observer(s) also witnessing the activity. The name, address and telephone number of the independent third party observer(s) shall be provided to the county manager or designee prior to the commencement of blasting operations. Where any requirement of this subsection is mandated by state statute or administrative rule as part of state licensing requirements, the applicant may comply with the requirements of this subsection by providing copies of materials or data supplied to the State of Florida in fulfillment of the state's requirement.

(3)

Appropriate signs shall be placed at intervals along the shot line to advise all persons of an explosive hazard.

(4)

Complete copies of files on the number of blasting caps used and pounds of explosives used on each shot line shall be provided to the county manager or designee.

(5)

Where necessary due to terrain or unusual geographic conditions, transportation to and from the blast site shall be provided by the user for any county official acting in their respective official capacities in performance of their duties that is required to visit the site for any purpose.

(b)

The following requirements shall be applicable subsequent to blasting operations:

(1)

Within 15 days after completion of each shot line, a survey base line and exact shot points must be established for future relocation of each shot hole. The survey must have a minimum closure of one to 5,000. Such survey shall be made in relation to the nearest section line or other appropriate line of demarcation so as to insure proper relocation of shot holes in the future. Legible copies of all field books and computations shall be submitted to and retained by the county manager or designee. In the event that survey data reveals that blasting has occurred at other than the permitted location, the county manager or designee is authorized to require an after-the-fact permit application for the area where the blasting has taken place and to require any and all actions by the user to comply with the intent and purpose of this article. The county manager or designee is further authorized, however, to waive the permit fee for an after-the-fact permit application where it is determined that the user has relied in good faith on inaccurate survey data or if the county manager or designee determines that specific site conditions render the fee inapplicable or unnecessary.

(2)

The user shall certify in writing that the State of Florida's Bureau of Geology's field office representative is satisfied that all owners on whose property blasting operations have occurred, have been properly restored including, but not limited to, removal of pin flags, wire and trash from the site, and that all detonated holes and ruts have been backfilled to surrounding grades.

(Ord. No. 04-55, § 2.D.)

Sec. 55-13. - Restrictions for the use and handling of explosives.

(a)

Detonation of explosives shall normally be limited to the hours between 8:00 a.m. and 5:00 p.m. The county manager or designee may reduce or waive this time frame due to existing site conditions/locations or may extend this time frame to all daylight hours for sites remote from residential development.

(b)

Detonation of explosives shall not occur on Sundays or legal holidays. An exception may be granted for geophysical seismic operations or when justification is submitted in writing by the user and is subsequently reviewed and approved by the county manager or designee.

(c)

Should structures which are expected to receive a resultant peak particle velocity in excess of acceptable standards as indicated below require evacuation or in other circumstances in which evacuation for an extended period of time (more than two hours) is required, the user shall notify the Collier County sheriff's office by telephone a minimum of 12 hours prior to commencement of the evacuation.

(d)

Twenty-four hours prior to detonation of explosives or applicable segments thereof, the user or blaster shall orally notify the county manager or designee and specify the location and proposed time of such blasting. This time limit may be waived by the county manager or designee under special circumstances such as underwater doby detonations.

(e)

Blasting permit and limits.

(1)

It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive within the territorial limits of the county without fist obtaining a blasting permit as hereinafter provided by this section; provided that in any event it shall be unlawful for any person to blast, fire or detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure finished or under construction not owned by the permittee, or at a location identified by the seismologist of record and the engineering services director, or designee. A blasting control procedure is herby established by adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-up letter or facsimile transmission is provided by the blasting permit applicant to the county identifying a revised blasting mythology which provides procedures that will be implemented to assure that a peak particle velocity of 0.5 inches per second will not be exceeded.

The maximum allowable airblast, measured at the nearest building or structure not owned by the permittee, or when measured at a distance of 5,280 feet from the blast shall not exceed 129 decibels when measured by an instrument having a flat frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a flat frequency measure over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibels.

The following requirements shall apply to all blasting within the urban boundaries of the county:

a.

Overburden shall not be removed prior to blasting. When overburden exceeds four feet of depth, a minimum of four feet of overburden shall remain in place prior to blasting.

b.

Stem all blast holes within 1,000 feet of the nearest structure based on a GPS measurement with 89 stone or approved equal material to confine the gaseous products of detonation.

c.

The "borehole" surrounding the blast tube shall be backfilled to ensure stability of the ground surface.

d.

All surface detonators shall be covered or buried.

e.

All charges shall be at (originally placed) proper depth prior to the detonation of multiple blasts.

(2)

Exception. Upon written request, the county manager or designee may authorize the resultant peak particle velocity exceeding the aforementioned limits when vibration levels specified in the Alternative Blasting Criteria of the United States Bureau of Mines Report and Investigations No. 8507, Structure Response and Damage Produced by Ground Vibration from Surface Mine Blasting are used.

(3)

Explosives shall not be abandoned or left in an unsecured location.

(4)

In the event that a charged/loaded hole does not detonate the user or blaster shall take whatever action is necessary under the conditions prevailing at the site to neutralize the misfire the same date as placed and prior to the continuance of loading/drilling more holes. Should the depth of the explosive be such as to prohibit recovery or neutralization the same date as placed and the explosive is irretrievable or neutralization is impracticable, the user shall ensure that the charged/loaded hole's location shall be documented and noted utilizing existing landmarks to facilitate return to the location as necessary, and with the actual pinpoint location by survey provided to the county manager or designee.

(5)

Prior to the detonation of any explosives within commercial excavations and during the course of the day's blasting activities, a warning signal such as a horn or siren, audible at adjacent properties, shall be sounded a minimum of one minute prior to detonation and an all-clear signal shall also be sounded upon completion of the blast(s). This warning signal shall be of sufficient duration (a minimum of 30 seconds) to allow complete alert of all individuals adjacent to the blast area.

(6)

Blasting caps shall not be loaded through the drill steel, also known as the "Kelly bar."

(7)

A record of blast data shall be recorded on daily blasting logs. The logs shall be maintained by the user or blaster on an approved form with copies of the completed logs submitted to the county manager or designee monthly unless otherwise requested.

(8)

Overspray from all detonations shall be contained at the blast site.

(9)

All explosives placed in the ground must be detonated the same date as placed and must not be left in the ground overnight. If conditions so warrant and with justification the county manager or designee may authorize "sleepers" provided, however:

a.

The county manager or designee receives verbal and followed by written approval from the Bureau of Explosives and Fire Equipment Office of the State Fire Marshal, Tallahassee, Florida; and

b.

The Collier County sheriff's office receives verbal information confirming the location/condition of such "sleepers"; and

c.

The user utilizes night security along with taking other appropriate protective safeguards.

1.

Exception for geophysical seismic users. For geophysical seismic operations, overnight security shall not be required when the explosives are loaded at a depth that avoids deformation of the ground surface upon detonation; provided, however, that the explosives are locked in the hole at the intended depth of burial with a borehole anchor and/or a sealing material to prevent removal.

(Ord. No. 04-55, § 2.D.)

Sec. 55-14. - Sale or disposal; inventory; theft or illegal use.

(a)

Sale or disposal to person without permit. It shall be unlawful:

(1)

For any person to sell or otherwise dispose of any explosive to any other person who does not have a valid permit.

(2)

To dispose of any explosive not owned by the user, without providing a minimum of 24 hours' prior notice to the Collier County sheriff's office and the county manager or designee.

(b)

Inventory. Every user having any explosive in his possession, dominion or control shall have on file a schedule or inventory form accurately setting forth the quantity and description of such explosives.

(c)

Reports of theft, illegal use or loss.

(1)

In the event any explosive is stolen, misplaced or lost or there are unexplained shortages, such occurrences shall be reported immediately after discovery to the Collier County sheriff's office and the county manager or designee. Within 12 hours after discovery, in accordance with F.S. § 522.113, notification shall be given to the Bureau of Explosives and Fire Equipment Office of the State Fire Marshal, Tallahassee, Florida, and within 24 hours after discovery notification shall also be given to the Federal Bureau of Alcohol, Tobacco and Firearms' nearest office.

(2)

The area in which the incident occurred shall be secured until an investigation has been made and the scene released by the investigating agency.

(Ord. No. 04-55, § 2.D.)

Sec. 55-15. - Revocation and/or suspension of permit.

(a)

Permits may be revoked and/or suspended by the county manager or designee for the following reasons:

(1)

Noncompliance by the user, his agents or employees with any directive of the county manager or designee relating to the permits, the permitting process, permit limitations, stipulations or conditions, or any related matter.

(2)

The county manager or designee determines that the blasting has caused actual personal or real property damage to a party other than the user or blaster and determines that a suspension or revocation of the permit is necessary to investigate and/or remedy the blasting activities resulting in the damage.

(3)

In the event that false information was given or a misrepresentation was made to obtain the permit.

(4)

In the event the permittee is a fugitive from justice.

(5)

In the event the permittee has been judicially determined to be mentally incompetent.

(6)

Violation by the permittee of any provision of any explosives law or regulation or provision in this article.

(b)

When a permit is revoked and/or suspended by the county manager or designee, the permittee shall be notified of the revocation and/or suspension and the reasons therefore, in writing by certified mail, return receipt requested, or such notification may be hand delivered to the user or blaster at the blasting site. Such revocation and/or suspension shall be effective immediately upon receipt, if by mail, or immediately upon hand delivery. In the event, however, the county manager or designee deems it necessary to protect the health, safety or welfare of the public or to prevent probable damage to private or public property the county manager or designee may orally direct the suspension and/or revocation of a permit. Such revocation and/or suspension shall be effective immediately and written notice shall be provided to the permittee by certified mail within five working days thereafter.

(c)

Upon such revocation and/or suspension of permit, the county manager or designee shall provide notice to the Collier County Sheriff's office and such other agencies as he may deem appropriate.

(d)

When a permit has been revoked and/or suspended by the county manager or designee, the permittee may appeal such decision by filing a written notice of appeal with the board, with a copy to the county manager or designee, within ten working days after notification of such revocation and/or suspension. Within 45 days after the filing of the notice of appeal. A public hearing shall be scheduled before the board. At such hearing the board shall review those facts presented by the permittee and the county manager or designee and the board shall thereafter determine whether the revocation and/or suspension was in accordance with the provisions of this article. The board shall render a decision upholding the decision of the county manager or designee or shall direct the county manager or designee to lift and remove the revocation and/or suspension of the permit.

(e)

In the event that a permit is revoked and/or suspended by the county manager or designee and, if appealed, such revocation and/or suspension is upheld by the board, it shall be necessary that a new application be submitted to and approved by the county manager or designee. Such approval shall be in accordance with the provisions of this article unless the county manager or designee determines, in writing, that such new application is unnecessary and does not further the intent and purposes of this article. Such determination by the county manager or designee shall become part of the permanent permit file.

(Ord. No. 04-55, § 2.D.)

Sec. 55-16. - Authority vested in the engineering services director.

The engineering services director is vested with the authority to administer and enforce the provisions of this article and is authorized and directed to take any action authorized by or contemplated by this article to insure compliance with or prevent violation of the provisions of this article.

(Ord. No. 04-55, § 2.D.)

Sec. 55-17. - Penalties.

Any firm, partnership, corporation, individual or other entity who violates the provisions of this article, or fails to comply with any requirement of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. Each violation and each day that a violation continues shall constitute a separate offense. In addition, and as an alternative means of enforcement, Collier County may enforce the provisions or requirements of this article by means of any available civil remedy in a court of competent jurisdiction.

(Ord. No. 04-55, § 2.D.)

Sec. 55-18. - Previously issued permits.

The provisions of this article shall govern all permits issued after [the effective date of this section].

(Ord. No. 04-55, § 2.D.)