Acts and Regulations

89-108 - Blasting Code Approval

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 89-108
under the
Municipalities Act
(O.C. 89-606)
Filed August 15, 1989
Under section 93 of the Municipalities Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Blasting Code Approval Regulation - Municipalities Act.
2The Lieutenant-Governor in Council approves the code annexed as Schedule A for adoption by municipalities within New Brunswick.
SCHEDULE A
BLASTING CODE
1In this Code
“inspector” means a person who has been appointed or designated by a municipality to administer a by-law that adopts this Code or a portion of this Code;(inspecteur)
“quarry” means a place where consolidated rock has been or is being removed by means of an open excavation in order to supply material for construction, industrial or manufacturing purposes and includes an open pit mine.(carrière)
2This Code applies to blasting operations conducted in a quarry located within the boundary of a municipality.
3A person who conducts blasting operations shall prepare and maintain the following information and records:
(a) an overall plan, to scale, duly certified and signed, indicating
(i) the site of the quarry, including the location of the physical plant and any storage areas,
(ii) the neighboring territory within six hundred metres from the operating site of the quarry, and
(iii) the name and layout of public highways, roads, watercourses, lakes, wells and other similar features within six hundred metres from the site of the quarry;
(b) a description of the equipment to be used, including any device designed to abate or eliminate any emission, deposit, issuance or discharge of waste or contaminants;
(c) the surface area of the land to be stripped and worked as well as the average and maximum depths to be worked;
(d) a description of the location and the method of eliminating dust recuperated by the dust collector system, where applicable; and
(e) a copy of a pre-blast survey, if required, which complies with section 5.
Insurance
4(1)A person who operates a quarry and conducts or permits blasting operations in the quarry and the person who does the blasting shall each have and maintain a valid insurance policy in the minimum amount of one million dollars for personal liability and property damage, including explosion, collapse and underground utility damage, with a deductible of not more than one thousand dollars and a minimum of one million dollars for death or personal injury for any one claim on account of any one incident.
4(2)A person referred to in subsection (1) shall, upon request, provide a copy of the insurance policy to an inspector for inspection.
Pre-Blast Surveys
5(1)A person who operates a quarry and conducts or permits blasting operations in the quarry shall prepare, if required by an inspector, a survey of all buildings and structures that may be affected by the blasting operations within such distance from the quarry as is required by an inspector.
5(2)A pre-blast survey referred to in subsection (1) shall include an inspection of each residence for which the person who operates the quarry has been given permission to enter by the owner or occupant of the residence and shall record the following:
(a) the age of the residence;
(b) the type of basement construction and the location and size of any exterior and interior cracks;
(c) the type of wall covering and the location and size of any exterior and interior cracks;
(d) the window conditions;
(e) the window frame and door frame conditions, especially at the corners of the residence; and
(f) any protruding nails, plumbing or electrical fixtures.
5(3)In determining what distance from the quarry should be covered in a pre-blast survey, an inspector shall take into consideration the geology of the rock in the area and the charge weight to be used.
Blasting Operations
6Where a quarry is situated less than six hundred metres from any residence, no person shall conduct blasting operations between 7 p.m. and 7 a.m.
7No person shall conduct blasting operations within seventy metres of a public thoroughfare or within fifteen metres of the boundary of property owned by any person other than the owner of the property on which the quarry is located.
8Unless otherwise permitted by by-law, no person shall conduct blasting operations on a Saturday, Sunday or a statutory holiday.
9Where a blasting operation is scheduled to occur, the person in charge of the blasting operation or the person who operates the quarry shall
(a) inform property owners within ninety metres of the site of the scheduled time of blasting, and
(b) use an audible warning system prior to the blast.
10The handling and use of explosives shall be carried out by a qualified powderman and in compliance with the Occupational Health and Safety Act and regulations under that Act.
11Concussion resulting from blasting operations shall not exceed the peak pressure level limit of 128 decibels.
12Vibration resulting from blasting operations shall not exceed the peak particle velocity limit of 1.25 centimetres per second.
13Monitoring of concussion and vibration resulting from blasting operations shall be carried out by the person who operates the quarry at that person’s expense on a schedule as determined by an inspector from time to time.
14A person who operates a quarry and who conducts or permits blasting operations in the quarry shall submit, when requested by an inspector, the results of any monitoring referred to in section 13.
15All measurements of concussion and vibration resulting from blasting operations shall be made in accordance with the procedure prescribed in sections 17 and 18.
16Any information and records required under section 3 and any records of blasting required under the Occupational Health and Safety Act and the regulations under that Act shall be made available to an inspector upon request.
Measurement of Concussion
17(1)The following instruments shall be used for the measurement of concussion:
(a) a peak pressure level detector;
(b) an acoustic calibrator;
(c) a windscreen, if necessary; and
(d) a microphone.
17(2)The measurement location for concussion shall be at a point of reception outdoors within seven metres from a building at a location designated by an inspector.
17(3)If a peak pressure level detector is battery powered, the condition of the battery shall be checked after the detector has warmed up and stabilized and again after each measurement has been made and no detector shall be used unless the condition of the battery is confirmed to be within the range recommended by the manufacturer for proper operation.
17(4)A peak pressure level detector shall be calibrated after it has warmed up and stabilized and again after each measurement has been made.
17(5)A peak pressure level detector shall be set to read the peak pressure level using linear response and a “hold” facility, if available.
17(6)A microphone shall be located not less than one metre above the ground, not less than one metre from any sound reflective surface and not less than arm’s length from the body of the person operating the peak pressure level detector.
17(7)Not more than one person, other than the operator of the peak pressure level detector, shall be within seven metres of the microphone and that person shall be behind the operator of the detector.
17(8)A microphone shall be oriented so that the concussion wave to be measured is incident at an angle recommended by the microphone manufacturer for flattest frequency response in a free field.
17(9)Where a measurement of concussion is reported, the value of peak pressure level to the nearest decibel shall be reported.
17(10)A measurement of concussion shall not be reported
(a) if the meter calibration after the measurement is more than 0.5 decibel different from that before the measurement,
(b) if the battery condition after the measurement is not within the range recommended by the manufacturer for proper operation, or
(c) unless the wind-induced round pressure level is more than ten decibels below the measured peak pressure level.
17(11)A measurement of concussion shall not be taken
(a) if the relative humidity is above the maximum for which the meter specification is guaranteed by the manufacturer,
(b) during precipitation, or
(c) when the air temperature is outside the range for which the meter specification is guaranteed by the manufacturer.
Measurement of Vibration
18(1)The following instruments shall be used for the measurement of vibration:
(a) a vibration velocity detector;
(b) a vibration calibrator; and
(c) a transducer.
18(2)An electrical reference signal of known voltage and frequency shall be used in the field for calibration of the vibration velocity detector, excluding the transducer, and a reference vibration source shall be used for laboratory calibration of the vibration velocity detector, including the transducer.
18(3)Vibration measurements shall be made at a point of reception inside a building below grade or less than one metre above grade, preferably on a basement floor close to an outside corner.
18(4)If the vibration velocity detector is battery powered, the condition of the battery shall be checked after the detector has warmed up and stabilized and again after each measurement has been made, and the detector shall not be used unless the battery condition is confirmed to be within the range recommended by the manufacturer for proper operation.
18(5)Field calibration of the vibration velocity detector shall be carried out before and after each measurement and laboratory calibration of the complete vibration velocity detector, including the transducer, as used in the field, shall be carried out not less than once every calendar year and the results of the laboratory calibration shall be certified.
18(6)A transducer shall be affixed to a part of the building referred to in subsection (3) so as to prevent movement of the transducer relative to the building.
18(7)If three vector components of vibration velocity are recorded individually, the transducers shall be oriented such that the three axes of measurement are
(a) vertical,
(b) radial, along a horizontal line joining the location of the blast to the location of measurement, and
(c) traverse, along a horizontal line at right angles to the line joining the location of the blast to the location of measurement.
18(8)Where a measurement of vibration is reported, the peak particle velocity in centimetres per second shall be reported.
18(9)A measurement of vibration shall not be reported
(a) if calibration after the measurement is more than five per cent different from that before the measurement, or
(b) if the battery condition after the measurement is not within the range recommended by the manufacturer for proper operation.
Report of Measurement
19The following information shall be contained in a report of a measurement made under section 17 or 18:
(a) a description of the area, including
(i) the location and description of the blasting operation,
(ii) a dimensioned sketch including photographs, if possible, of the location of the blasting operation, the nearest premises and the measurement location,
(iii) a description of the measurement location, and
(iv) meteorological conditions at the time of the measurement, including approximate wind speed in kilometres per hour, wind direction, air temperature in degrees Celsius, approximate relative humidity, degree of cloud cover and whether or not a condition of thermal inversion prevailed;
(b) a list of all equipment used for making the concussion or vibration measurement indicating
(i) in the case of a measurement of concussion
(I) the type, model and serial number of peak pressure level detector,
(II) the type, model and serial number of microphone,
(III) the type, model and serial number of acoustic calibrator,
(IV) whether a windscreen was used, and
(V) whether extension cables or additional amplifiers were used, and
(ii) in the case of a measurement of vibration
(I) the type, model and serial number of vibration velocity detector,
(II) the type, model and serial number of transducer, and
(III) the type, model and serial number of vibration calibrator; and
(c) a description of the measurement details including
(i) the location where measurements were taken, the time period involved and the orientation of instrumentation using a sketch, if necessary,
(ii) details of all calculations,
(iii) the peak pressure level in decibels or peak particle velocity in centimetres per second, and
(iv) comparison with the applicable peak pressure level limit or peak particle velocity limit.
N.B. This Regulation is consolidated to September 30, 1989.