Bylaw No. 1941-2010 AMENDMENTS No. Date Adopted Description 2554-2016 2016 06 27 Deletes and replaces Section 8, Offence and Penalties 2603-2016 2016 07 25 Inserts a new Section 8, Reconsideration, and renumbers all subsequent Sections.
Bylaw No. 1941-2010 WHEREAS Section 8 (3) (d) of the Community Charter provides that the Council may, by bylaw applicable throughout the City, regulate, prohibit and impose requirements in relation to the use of explosives; NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No. 1941-2010 may be cited as Blasting Regulation Bylaw, 2010. 2. INTERPRETATION (1) In this Bylaw: (a) (b) (c) blast or blasting means the use of explosives as defined in the Occupational Health and Safety Regulation made under the Workers Compensation Act, R.S.B.C., 1996, Chapter 492; blaster means a person, firm or corporation carrying out blasting and includes an agent, contractor or employee of the blaster; and Building Inspector means the person appointed to that position for the City or their delegate, or such other persons as may be duly authorized from time to time by Council to carry out the duties and responsibilities of the Building Inspector. (2) The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. (3) If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion must be severed and the severance must not affect the validity of the remainder. (4) Nothing in this bylaw precludes or relieves a person from complying with the provisions of any other applicable local, provincial or federal enactment. 3. RESTRICTION No person shall carry out blasting or cause, allow or permit blasting to be carried out within the City, without first obtaining a blasting permit from the City. 4. BLASTING PERMIT (1) Every applicant for a blasting permit must have a valid and subsisting Blaster s Certificate of Competency issued by the Workers Compensation Board of British Columbia.
Bylaw No. 1941-2010 Page 2 (2) Every person applying for a blasting permit shall submit a written application to the Building Inspector in the form contained in Schedule A, attached to and forming part of this Bylaw, accompanied by a non-refundable permit fee in the amount of $200.00. (3) Where a proposed blasting site is located within 150 m. of an existing structure or is subject to, or is likely to be subject to rock falls, erosion, land slip, subsidence, avalanche or other similar risk, the Building Inspector may, in his sole discretion, require an applicant for a blasting permit to provide a report from a Professional Engineer, licensed to practice in the Province of British Columbia and experienced in geotechnical engineering and blasting, certifying that the blasting plan is acceptable for the site described in the permit application. (4) A blasting permit shall be valid for a period of 90 calendar days, from the date of issuance; and may be renewed for a further period of 90 days, upon application to the Building Inspector and payment of a renewal fee in the amount of $50.00. 5. DUTIES OF PERMIT HOLDERS A holder of a blasting permit must: (a) (b) (c) (d) (e) (f) only carry out blasting Monday to Friday between the hours of 8:00 a.m. and 4:00 p.m.; retain and make available to the Building Inspector, at his request, all records pertaining to the safety aspects of the entire project and its impact on neighbourhood properties, including vibration records, blasting plans, and delay patterns; not carry out blasting in proximity to any person, building or property, or the works of any underground public utility likely to suffer damage from blasting, unless the utmost precautions have been undertaken to prevent injury or damage to any person, building, property or utility; not discharge explosives unless the material to be blasted is fully covered with approved and properly secured blasting mats, or some material or device sufficient, to control fly rock, and every precaution is taken for adequately safeguarding life and property; not carry out blasting within a radius of 100 m. of any occupied dwelling without first giving the occupants written notice of the date and time, the anticipated duration of the blasting, and an explanation of what blasting signals will be used and the meaning of these signals; maintain, at the permit holder s expense, throughout the term of the blasting permit, and any renewal period, commercial general liability insurance insuring the permit holder s blasting operations against any and all claims which may be brought against the permit holder for public liability, bodily injury, death and/or property damage, and such policy of insurance shall:
Bylaw No. 1941-2010 Page 3 i) be issued by an insurance company licensed to do business in British Columbia; ii) iii) have limits of not less than FIVE MILLION DOLLARS ($5,000,000.00) per occurrence; and be duly endorsed to cover the City and the Professional Engineer as additional insureds insofar as their interests and liability may be involved as a result of any and all blasting operations carried out within the City pursuant to this permit; and (g) agree to indemnify and hold harmless the City in respect of all blasting operations carried out within the City pursuant to a blasting permit. 6. SAFETY REPORT The holder of a blasting permit, or the Professional Engineer supervising blasting operations under a blasting permit, must report to the Building Inspector any unacceptable blast monitoring results including, but not limited to, injury or damage to any person, building, property or utility; excessive vibration; rock falls; erosion; land slip; subsidence; or avalanche. 7. SUSPENSION OR CANCELLATION OF BLASTING PERMIT (1) The Building Inspector is authorized to suspend or cancel a blasting permit at any time if the blasting operations are carried out in an incompetent, dangerous or unsafe manner or contrary to the requirements of this Bylaw or any applicable statute, regulation, bylaw or rule. (2) The notice of suspension or cancellation may be given verbally or in written form to the holder of such blasting permit; and, in the case of suspension, such notice may include directions, orders, requirements, terms and conditions that must be met before blasting may resume. (3) Upon receipt of such notice of suspension or cancellation, the permit holder shall immediately cease blasting operations; and, where a permit has been cancelled, forthwith return the permit to the Building Inspector. (4) No person whose permit has been cancelled shall carry out blasting in the City, or cause allow or permit blasting to be carried out.
Bylaw No. 1941-2010 Page 4 8. RECONSIDERATION (B/L 2603-2016) A person who is subject to a decision or direction of the Building Inspector to refuse, suspend or cancel a blasting permit may request a reconsideration of that decision or direction by Council, in accordance with the City s Appeal Procedure Bylaw, 2016. 9. OFFENCE AND PENALTIES (B/L 2554-2016) Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply: (a) (b) (c) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City s Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007; a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60; a person who: (i) (ii) (iii) contravenes, violates or fails to comply with any provision of this Bylaw; suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or fails or neglects to do anything required to be done under this Bylaw, is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and (d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.
Bylaw No. 1941-2010 Page 5 10. REPEAL City of Abbotsford Bylaw No. 162-96, cited as Blasting Regulation Bylaw, 1996, is hereby repealed. READ A FIRST TIME this 29 th day of March, 2010 READ A SECOND TIME this 29 th day of March, 2010 READ A THIRD TIME this 29 th day of March, 2010 ADOPTED this 12 th day of April, 2010 I hereby certify this to be a true copy of the original bylaw George W. Peary Mayor Kelly Harms Deputy City Clerk William Flitton City Clerk
Bylaw No. 1941-2010 Page 6 SCHEDULE A APPLICATION FOR BLASTING PERMIT 1. I,, of, hereby make application for a permit to carry out blast operations on the following described property: Civic Address: Legal Description: in the City, subject to the provisions of Blasting Regulation Bylaw, 2010. 2. (a) I hereby certify that I am the holder of a valid and subsisting Blaster s Certificate of Competency issued by the Workers Compensation Board of British Columbia. OR (b) I hereby certify that the person employed by me to have direct charge and control of such blasting operations is the holder of a valid and subsisting Blaster s Certificate of Competency issued by the Workers Compensation Board of British Columbia. Blaster s Name Blaster s Address Certificate of Competency & Expiry Date Telephone 3. I have included with this application a certificate of insurance or a certified copy of a policy of insurance meeting the requirements of Blasting Regulation Bylaw, 2010. Expiry date of insurance policy: 4. I agree to indemnify and save harmless the City from legal actions or claims of any kind or description brought against the City for, or on account of, any injury or damage to person or property received or sustained on account of blasting operations or other work carried out under this permit. 5. Applicant s Signature Office Phone Applicant s Address Job Site Phone Permission is hereby granted to of
Bylaw No. 1941-2010 Page 7 to carry out blasting operations on the property hereinbefore described, commencing on, 20, and expiring 90 calendar days after the date of issuance of this permit. Expiry Date: Date of Issuance: General Manager of Engineering or delegate Building Inspector or delegate Renewals Applicant s signature Authorization Signature Expiry Date Applicant s signature Authorization Signature Expiry Date