7. EXPLOSIVES BY-LAW
règlement MUNICIPAL SUR LES EXPLOSIFS
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.
1. General Manager, Transportation, Utilities and Public Works Department report dated 3 September 2003 (ACS2003-TUP-INF-0016).
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 :
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.
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
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.
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.
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.
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)
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.
1.1 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
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.
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
GENERAL SPECIFICATION FOR THE USE OF EXPLOSIVES
TABLE OF CONTENTS
120.04 SUBMISSION AND DESIGN REQUIREMENTS
.02 Blast Design
.03 Pre-blast Survey
120.06.01 Detonation Apparatus
.02 Radio-Frequency Hazards
.05 Protective Measures
120.10 BASIS OF PAYMENT
This specification describes the conditions under which explosives are to be
used on the contract.
This specification refers to the following standards, specifications, or
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)
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
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.
Only explosive products that are licensed for use in Canada shall be used.
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.
120.06.01 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
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.
The Contract Administrator shall be informed in writing no later than 48 hours
prior to the start of blasting.
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.
The Contractor shall contact the utility authorities to confirm and arrange the
requirements for stand-by crews or for further protection requirements during
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.
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.