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7. EXPLOSIVES BY-LAW règlement MUNICIPAL SUR LES EXPLOSIFS |
COMMITTEE RECOMMENDATIONS
That
Council approve:
1. The
repeal of explosives by-laws of the former City of Ottawa (134-82), the former
City of Kanata (48-81) and the former Region of Ottawa-Carleton (Chapter 8 of
the Regional Regulatory Code), and that no new by-law be enacted;
2. That
the use of explosives in the City of Ottawa be administered through relevant
contracting documents, namely the Special Provisions contained within the
City's Standard Tender Documents for Unit Price Contracts, as well as
Subdivision and Site Plan Agreements.
RecommandationS du Comité
Que le Conseil approuve :
1.
la révocation des règlements sur les explosifs des anciennes villes
d’Ottawa (143-82) et de Kanata (48-81) et de l’ancienne Région
d’Ottawa-Carleton (chapitre 8 du Code de réglementation régional), sans qu’un
nouveau règlement ne soit adopté ;
2.
ordonne que l’utilisation des explosifs à Ottawa soit administrée en vertu
des documents contractuels pertinents, c’est-à-dire les dispositions spéciales
des documents d’appels d’offres normalisés de la Ville, pour ce qui concerne
les contrats à prix unitaires, ainsi que les accords portant sur les
lotissements et les plans d’implantation.
Documentation
1.
General Manager, Transportation, Utilities
and Public Works Department report dated 3 September 2003 (ACS2003-TUP-INF-0016).
Report to/Rapport
au :
Transportation
and Transit Committee
Comité des transports et des services de transport en commun
and Council / et au Conseil
3 September 2003 / le 3
septembre
Submitted by/Soumis par : Rosemarie Leclair,
General Manager/Directrice générale,
Transportation, Utilities and Public Works/Transport, services et travaux
publics
Contact Person/Personne ressource : Richard Hewitt,
Director
Infrastructure
Services/Services d'infrastructure
(613)
580-2424 x21268, Richard.Hewitt@ottawa.ca
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SUBJECT: |
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OBJET
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REPORT
RECOMMENDATIONS
That
the Transportation and Transit Committee recommend Council approve:
The
repeal of explosives by-laws of the former City of Ottawa (134-82), the former
City of Kanata (48-81) and the former Region of Ottawa-Carleton (Chapter 8 of
the Regional Regulatory Code), and that no new by-law be enacted;
That
the use of explosives in the City of Ottawa be administered through relevant
contracting documents, namely the Special Provisions contained within the
City's Standard Tender Documents for Unit Price Contracts, as well as
Subdivision and Site Plan Agreements.
RECOMMENDATIONS DU RAPPORT
Que le Comité des transports et des service de transport
en commun recommande au Conseil :
BACKGROUND
Previous municipal by-laws
regulating the handling and use of explosives (also referred to as blasting)
were restricted to two municipalities, the former City of Ottawa and the former
City of Kanata. Similar provisions were
also included in the Regional Regulatory Code, Chapter 8.
The purpose of an explosives
by-law is to regulate the use of explosives within the City of Ottawa. Blasting is common in certain geographical
areas within the new City (a function of dense rock close to ground
surfaces). Blasting may be required in
the construction of roads, deeper utilities (water and sewer), basement
excavating and demolition of buildings.
A less common use of explosives, which is carried out annually in
Ottawa, is to clear ice blockages that form in the Rideau River to prevent
flooding in adjacent neighbourhoods.
The former by-laws include a
number of provisions:
The permits issued under the existing by-laws numbered 41 in the year 2002. Some 26 of these permits referenced subdivision development (this could be related to either servicing or basement excavation). One permit was necessitated for road construction (Highway 17). Six permits referred to single municipal addresses and noted a school, apartment building, and private home.
The permit fees collected
for 2002, totalled $4,285.00.
DISCUSSION
It is noted that various
aspects of the use of explosives are addressed in Federal (Explosives Act,
Dangerous Goods Transportation Act) and Provincial (Pits and Quarry Act,
Occupational Health and Safety Act) legislation.
The Ministry of Natural
Resources also has jurisdiction over the use and monitoring of explosives in
pits and quarries. There are, however,
some gaps in the coverage of such legislation that municipalities may wish to
address in order to provide a greater degree of safety and security to their residents
and their infrastructure.
A number of municipal
jurisdictions were canvassed and none had by-laws dealing with explosives. Two such municipalities were the District of
Muskoka and the (now) Greater City of Sudbury, both of which employ blasting to
a large degree due to their geology.
Those municipalities contacted, and others, regulate blasting through
reference to Ontario Provincial Standard Specification (O.P.S.S. 120) – General
Specification for the Use of Explosives.
As well, Standards and Special Conditions in their contract documents
supplement O.P.S.S. 120.
Neither the City of Ottawa
Act, nor the new Municipal Act (2001), provides the new City with the
legislative authority to enact such a by-law.
If the intent were to develop a harmonized by-law, the City would have
to seek special approval from the Province.
The former city of Ottawa had obtained this special Provincial
authority, to regulate blasting within its boundaries.
The former City of Ottawa
also administered a licensing process, whereby, an applicant could take an
examination and, subject to passing, would be issued a Blaster’s Certificate of
Competency. That certificate was a
pre-requisite to obtaining a blasting permit from the City. Since 1959, 360 such certificates were
issued by the former City of Ottawa.
With restructuring and retiring of examiners, the City would have to
expend additional resources to continue to administer the examination, or
determine the competency of a blaster according to past practice.
Therefore, as the Municipal
Act does not provide municipalities with legislative authority to enact
Explosives by-laws and since other municipalities regulate the use of
explosives through standard specifications and other contracting mechanisms,
the recommended approach is for the City of Ottawa to not seek Provincial
approval for special legislation to enact an Explosives By-law, and to repeal
the existing by-laws, namely:
Instead, the use of explosives will be administered through five primary mechanisms as follows:
i.
Amended Ontario Provincial Standard Specifications – during the 2002
specification
review effort,
the City’s Specification Review Committee developed a Special
Provision
(F-5151) to amend OPSS 120 for use in the City of Ottawa contracted
works. Both specifications are attached for
reference. During the 2003 review, the
Committee will
consider comments received during the public consultation
process.
ii.
Subdivision/Site Plan Agreements – existing and future subdivision and
site plan
Agreements will
include references to the above specifications, as well as other
project specific
conditions concerning the use of explosives on development projects.
iii.
Road Activity By-law (2003) – explosives shall not be used in
connection with works
conducted under
the Road Activity Permit unless conducted under applicable
specifications
(as above) and having provided a minimum of 48 hours notice to the
Right-of-Way
Inspections Unit.
iv.
Provincial Legislations – such as the existing Pits and Quarry Act,
etc.
v.
Federal Legislations – such as the existing Explosives Act, etc.
CONSULTATION/PUBLIC
NOTIFICATION
A comprehensive consultation
process was conducted as outlined below.
However, the consultation process was conducted with the original intent
of developing a harmonized by-law for the use of explosives. As such, the few comments submitted based on
the original draft by-law are generally not applicable to the recommended
course of action. Applicable comments
will be addressed during the 2003 standard construction specification review
process and will be potentially incorporated into the specifications for use on
future blasting operations. City
specifications will be mostly limited to notification of adjacent property
owners and protection of existing City infrastructure. OPS specifications generally discuss the
standard blasting process for construction.
The project comprised two
consultation processes – one for internal staff from across the City, and one
for external stakeholders who might have an interest in one or more
by-laws. The internal review entailed
the establishment of a technical advisory committee (TAC) to review draft
material and provide technical input and clarification on the by-law. This review ensured that the draft by-laws
would reflect the broader needs of the new City. The Committee included staff with responsibilities for planning,
design, construction, operations, maintenance, legal, and enforcement. The Technical Advisory Committees met twice
as a group over a period of eight weeks during April and May 2003. Some Committee members attended additional
meetings.
In parallel, the City
initiated the public consultation process, beginning with notifications in the
local papers and on the City’s website, informing interested parties that this
project was underway. A letter
distributed between 17 and 22 April was directed at individuals, organizations
and committees with a particular interest in the by-law. The letter outlined the highlights of the
by-law, and the next steps in the consultation process. A second round of letters was distributed on
09 and 10 June to the external stakeholders, accompanied by the most current
version of the draft by-law. Comments
were requested by 23 June. Comments
continued to be received up until 07 July.
Responses to the public
consultation process were received from the National Capital Heavy construction
Association (NCHCA), Explotech, Aggregates Producers Association of Ontario,
Gary Oswald Blasting Inc. and Hydro Ottawa.
The City regularly meets with the NCHCA to discuss the revisions to the
construction standards prior to their annual update. In general, most comments concerned the required liability
insurance costs and qualifications of blasting consultants.
FINANCIAL IMPLICATIONS
As noted earlier, permit
fees of $4,285.00 were collected in 2002.
No revenue will be derived under the proposed course of action. The 2004 operating budget will be adjusted
accordingly.
SUPPORTING DOCUMENTATION
Annex I - City of Ottawa Special Provision
F-5151 (Amendment to OPSS General
Specifications
for the Use of Explosives)
Annex II - Ontario Provincial Standard
Specifications OPSS 120 (General Specification for
the Use of
Explosives)
DISPOSITION
Department of
Transportation, Utilities and Public Works, Infrastructure Services to
administer the use of explosives through the continuing development of standard
specifications and through the Subdivision/Site Plan Agreement process (in
conjunction with Development Services Department).
Annex I – City of
Ottawa Special Provision F-5151 (Amendment to OPSS General Specifications for
the Use of Explosives)
City of Ottawa
Transportation,
Utilities, and Public Works Department
Infrastructure
Services Branch
Standard Tender Documents for Unit Price Contracts
Volume No. 1 of 2: Construction Specifications
Second Edition March 31, 2003
S.P. No.: F-5151
Date: March 2003
AMENDMENT TO OPSS, GENERAL SPECIFICATIONS FOR THE USE OF EXPLOSIVES
OPSS 120 shall apply
except as may be amended and extended herein.
1. GENERAL
1.1 For the purpose of work
related to blasting a Blasting Consultant is defined as: A Professional Engineer licensed to practice
in the Province of Ontario with a minimum of five years (5) experience related
to blasting.
The Blasting Consultant shall be retained by the Contractor and shall be independent of the Contractor and any subcontractor doing blasting work. The Blasting Consultant shall be required to complete the specified monitoring of vibration levels and provide a report detailing the vibration levels and copies of the recorded ground vibration documents to the Contractor and the Contract Administrator weekly, or upon request for specific projects.
1.2 Under no circumstances will
the Contractor blast within 3 meters of any utilities without advising
the appropriate representative 72 hours in advance of blasting.
1.3
No blasting shall be carried out within a distance of 170
meters from any water
storage reservoir,
pumping station, water works transformer station or water
storage tank unless
special permission is first obtained from the General Manager
of the
Transportation, Utilities and Public Works Department or an authorized
representative.
1.4
No blasting shall be carried out within a radius of 300 meters
of any school
building during school
hours, or any hospital until the superintendent or the person
in charge thereof
shall have notified a minimum of six (6) hours prior to the
commencement of
blasting.
2.0 PROCEDURE PRIOR TO BLASTING
2.1 Pre-Blasting Survey
The pre-blast survey report shall include all surface structures within 50 m of the blast site or the nearest structure to the blasting or as determined by the blasting consultant and shall be made available to the Contract Administrator on request.
The blasting Consultant shall provide a statutory declaration to the Contract Administrator outlining those structures surveyed prior to the start of blasting.
The pre-blast survey shall include the following as a minimum:
1. A letter of introduction describing the project, the Contractor’s name, the name of the engineering firm doing the inspections and an approximate start date.
2. Full video coverage of the exterior and interior of the building, residence or structure, provided access is granted by the owner. Video shall be high quality 8 mm and shall be reproducible in VHS format.
3. The Contractor or his consultant shall notify all property owners within 100 meters of the blasting site a minimum of 48 hours prior to the commencement of blasting.
3.0 TRIAL BLAST
1.
The
Contractor shall carry out a series of a least three (3) small initial test
blasts based on the Contractor’s blasting pattern at a location selected by the
Contractor.
2.
Based on
these test blast results, the Contractor shall be required to revise part or
all of his blasting proposal to ensure satisfactory levels of blast vibrations,
shatter depth, rock face and flyrock control.
4.0 PROCEDURE DURING BLASTING
4.1 The Contractor, through the services of
a Blasting Consultant, shall monitor the vibration levels at the closest
building and/or service to the blast site during each blast.
1.
The monitoring equipment shall be Instantel
Minimate, Minimate Plus, Blastmate II,
Blastmate III or equivalent from other manufacturers.
2.
Calibration date of each instrument shall not
exceed one year.
3.
Monitoring techniques shall be in accordance
with industry standards as proposed by the International Society of Explosives
Engineers.
4.
The blaster shall have access to the
seismograph readings at all times so that adjustments to the blasting operation
can be made as required and in a timely manner.
4.2
The
Contractor shall limit ground Peak Particle Velocity (PPV) to a maximum level
of 50 mm/second in all of the three orthogonal directions.
5.0 PROCEDURE FOR ADDRESSING BLAST DAMAGE COMPLAINTS
1.
All damage
complaints must be reported to the Contract Administrator in writing within 24
hours of receipt of the claim. Each
report shall include the name and address of the complainant, phone number if
possible, time received, description of the claim and the Contractor’s response
to the claim.
2.
All
complaints shall be addressed promptly by the Contractor or his Consultant.
6.0 RESPONSIBILITY
This special
provision in no way intends to remove any of the responsibility for a safe
blast from the Blasting Contractor.
7.0 BASIS
OF PAYMENT
Compensation for
the Contractor to provide blast monitoring and to schedule his operations in
accordance with these requirements, including all equipment, labour and
materials, shall be deemed to be included in the contract bid price for the
tender item “Rock Excavation”.
Annex II –
Ontario Provincial Standard Specifications OPSS 120 (General Specification for
the Use of Explosives)
ONTARIO PROVINCIAL STANDARD SPECIFICATION
METRIC
OPSS 120
AUGUST 1994
GENERAL SPECIFICATION FOR THE USE OF
EXPLOSIVES
TABLE OF
CONTENTS
120.01 SCOPE
120.02
REFERENCES
120.03
DEFINITIONS
120.04
SUBMISSION AND DESIGN REQUIREMENTS
120.04.01
General
.02 Blast
Design
.03
Pre-blast Survey
120.05
MATERIALS
120.05.01
Explosives
.02 Storage
120.06 EQUIPMENT
120.06.01
Detonation Apparatus
120.07
CONSTRUCTION
120.07.01
General
.02
Radio-Frequency Hazards
.03 Notice
.04 Records
.05
Protective Measures
.06
Utilities
120.10 BASIS
OF PAYMENT
120.10.01
Claims
120.01 SCOPE
This
specification describes the conditions under which explosives are to be
used on the
contract.
120.02
REFERENCES
This
specification refers to the following standards, specifications, or
publications:
Canadian
Standards Association:
CAN3-Z107.54-M85
- Measurement of Sound and Vibration Due to Blasting Operations
Ministry of
Transportation Publications:
Manual of
Uniform Traffic Control Devices for Ontario, MUTCD
Federal
Government Publication:
Explosives
Act (Canada)
120.03
DEFINITIONS
Blaster:
means a competent person knowledgeable and experienced in the handling,
use and
storage of explosives and their effect on adjacent property and persons.
Pre-Blast
Survey: means a detailed record, in written form, film or video, of
the
condition of all private or public property.
120.04
SUBMISSION AND DESIGN REQUIREMENTS
120.04.01
General
The
following shall be submitted to the Contract Administrator two weeks prior
to the use
of explosives.
a. The name
of the blasting firm.
b. The names
of the blasters to be in charge of the blasting including a record
of their experience and safety training.
c. A
certificate of insurance indemnifying the Owner from all claims and damages
arising from the use of explosives.
120.04.02
Blast Design
Where
explosives are to be used within 100 m of any utility, residence,
structure or
facility, the following conditions apply.
a. Two weeks
prior to the use of explosives the name of the Engineer or firm
responsible for the blast design including
a record of experience and statement
of qualifications shall be submitted to
the Contract Administrator.
b. A blast
design shall be prepared which includes the design peak particle
velocity, peak sound pressure level and
number of holes; pattern, orientation
and size of drill holes; depth of
drilling, collar and toe load; mass and type
of charge per delay; and number and time
of delays. A copy of the blast design
shall be provided to the Contract
Administrator, upon request.
c. The
following shall be submitted to the Contract Administrator 48 hours prior
to the use of explosives:
1. A letter signed by the Engineer or firm
responsible for the blast design
indicating the areas for which a blast
design was completed.
2. A letter signed by the blaster
indicating receipt of the blast design and
agreement that the blasting will be
according to the design.
120.04.03
Pre-blast Survey
A pre-blast
survey shall be prepared for all residences, utilities, structures
and
facilities likely to be affected by the blast within 100 m of the location
where
explosives are to be used. A copy of
the pre-blast survey shall be
provided to
the Contract Administrator, upon request.
Forty-eight
hours prior to the use of explosives a certificate, signed by an
independent
blasting specialist, indicating that a pre-blast survey has been
carried out
for those areas within 100 m of where the explosives will be used,
shall be
submitted to the Contract Administrator.
120.05
MATERIALS
120.05.01
Explosives
Only
explosive products that are licensed for use in Canada shall be used.
120.05.02
Storage
Explosives
and all detonating apparatus shall be stored in conformance with the
Explosives
Act (Canada) R.S.C. 1985 and any applicable Municipal By- laws.
120.06 EQUIPMENT
120.06.01
Detonation Apparatus
Only
manufactured firing devices designed for use with the detonators selected
shall be
used. All apparatus shall be kept in
perfect order and shall be
thoroughly
inspected before and after each blasting operation.
All wiring
connected to electrical firing devices shall be properly and
adequately
insulated.
120.07
CONSTRUCTION
120.07.01
General
Blasting
shall be carried out only during daylight hours on a day other than
Sunday or a
statutory holiday, and at any time when atmospheric conditions
provide
clear observation at a distance of 1000 m from the blasting site.
Blasting
shall not be conducted during electrical storms.
Blasting
shall not be performed closer than 30 m to fresh concrete within 70
hours after
completion of the concrete pour for concrete curing at 4°C and 24
hours after
completion of the concrete pour for concrete curing at 20°C when
approved by
the Contract Administrator.
120.07.02
Radio-Frequency Hazards
Prior to
blasting, investigations shall be done to determine if radio frequency
hazards
exist. Where radio frequency hazards
exist the necessary precautions
shall be
taken.
120.07.03
Notice
The Contract
Administrator shall be informed in writing no later than 48 hours
prior to the
start of blasting.
120.07.04
Records
A post
blasting record shall be prepared and signed by the blaster for each
blast
completed. It shall report the
following conditions and be made available
to the
Contract Administrator for site review.
a. The date,
time and location of the blast;
b. The wind
direction and approximate speed at the time of the blast;
c. The
general atmospheric conditions at the time of the blast;
d. The blast
design details required;
e. The
record of the peak sound pressure level and ground vibration velocity of
each blast according to CAN3-Z107.54, if
required in the Contract.
120.07.05
Protective Measures
Immediately
prior to the blast, the blast area shall be cleared of all vehicular
and
pedestrian traffic.
All traffic
shall be stopped and shall be prevented from entering the area until
the blaster
gives permission. Traffic control shall
conform to the MUTCD. Signs
shall be
posted to inform the public of blasting operations and to turn off
radio
transmitters. Precautions necessary
shall be employed to ensure that
persons are
not injured and that adjoining property and structures, including
public
utilities are not damaged.
120.07.06
Utilities
The
Contractor shall contact the utility authorities to confirm and arrange the
requirements
for stand-by crews or for further protection requirements during
blasting
operations.
120.10 BASIS
OF PAYMENT
Unless the
Contract has a separate tender item for protective measures, payment
shall be
deemed to be included in the tender items requiring the use of
explosives,
and shall include all costs associated with acquiring approvals,
permits, and
agreements.
The cost of
standby crews and equipment required by utility authorities will be
billed to
the Contractor by the utility authority.
120.10.01
Claims
The
Contractor shall be responsible for the management of all claims whatsoever
arising from
the hauling, handling, use of and storing of explosives and all
effects,
direct or indirect, of the blasting operation.