GENERALLY

Huntsville Code of Ordinances ch. 12, art. III, div. 1

in effect

Huntsville Code of Ordinances § 12-61 Definitions.

Sec. 12-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director and manager mean the manager of the natural resources and environmental management division or in his absence, his authorized representative. Division means the natural resources and environmental management division. Explosives means any substance, chemical compound or mechanical mixture that is commonly used for the purpose of producing an explosion to demolish a structure and to fragment rock for mining, quarrying, excavation and construction. Initiating devices (detonators, detonating cords, etc.) are also included under this definition. (Ord. No. 89-482, § III, 8-30-1989)

Huntsville Code of Ordinances § 12-62 Penalties.

Sec. 12-62. - Penalties. Any person who violates or fails or refuses to obey or comply with any provision of this article or submits any false information required by this article shall be guilty of a misdemeanor. (Ord. No. 89-482, § XV, 8-30-1989)

Huntsville Code of Ordinances § 12-63 Purpose.

Sec. 12-63. - Purpose. This article establishes standards intended to eliminate and reduce unnecessary and excessive airblast overpressures, ground vibrations, and dust which are physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and conduct of business. The standards established in this article apply to the detonation of explosives used to demolish a structure and to fragment rock for mining, quarrying, excavation, and construction within the city limits. (Ord. No. 89-482, § I, 8-30-1989)

Huntsville Code of Ordinances § 12-64 Scope; jurisdiction.

Sec. 12-64. - Scope; jurisdiction. This article in no way replaces or negates the requirements pertaining to explosives as contained in the Standard Fire Prevention Code, 1994 edition, as amended, or any rule or regulations of any governmental agency. The Standard Fire Prevention Code is administered by the chief of the fire department. (Ord. No. 89-482, § II, 8-30-1989)

Huntsville Code of Ordinances § 12-65 Exemptions.

Sec. 12-65. - Exemptions. Nothing contained in this article shall be construed as applying to the regular military or naval forces of the United States, the duly authorized militia of the state, or to the police and fire departments in the proper performance of their duty. (Ord. No. 89-482, § XVIII, 8-30-1989)

Huntsville Code of Ordinances § 12-66 Citations.

Sec. 12-66. - Citations. The director and any person acting under his supervision is authorized to issue citations to appear in municipal court to answer charges of violations of any of the provisions of this article. (Ord. No. 89-482, § XVI, 8-30-1989)

Huntsville Code of Ordinances § 12-67 Exceptions based on undue hardship.

Sec. 12-67. - Exceptions based on undue hardship. (a) Applications for a permit for exception from the standards or requirements designated in this article may, on the basis of undue hardship, be made to the director. Any permit granted under this article shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The director may grant the exception as applied for only if: (1) The activity or operation will be of a temporary duration, i.e., a limited number of blasts at a specific site, and cannot be done in a manner that would comply with this article; (2) No other reasonable alternative is available to the applicants; and (3) Applicants represent, and the director finds, that blasting as permitted will not violate recognized safety standards. (b) Upon the issuance of any exception permit, the director may prescribe any reasonable conditions or requirements he deems necessary to minimize adverse effects upon the community. (Ord. No. 89-482, § XVII, 8-30-1989)

Huntsville Code of Ordinances § 12-68 Inspection and monitoring.

Sec. 12-68. - Inspection and monitoring. The director or his authorized representative may conduct tests and observe any authorized blasting operations, and may also order that persons holding blasting permits measure the ground vibration and airblast overpressure during blasting operations using approved instrumentation. (Ord. No. 89-482, § XI, 8-30-1989)

Huntsville Code of Ordinances § 12-69 Notifications.

Sec. 12-69. - Notifications. (a) Any person detonating explosives shall first notify the director that a blast is planned. Such notification shall be received at least four hours prior to the planned detonation and shall give the time (within 30 minutes), location where the blasting is to be done, the amount of explosives to be used, and the name and business address of the person responsible for the blasting operation. (b) A 24-hour notification is required for blasting operations to be conducted on Saturdays and Sundays and for those blasting operations performed after 5:00 p.m. local time on weekdays. This additional notification period is needed to allow sufficient time to coordinate monitoring of the blast at times which are not considered by personnel of the division to be normal work hours. The notification may be given orally over the telephone; however, the burden of proof as to whether the notification was in fact received rests with the person responsible for the blasting operation. (Ord. No. 89-482, § IX, 8-30-1989)

Huntsville Code of Ordinances § 12-70 General restrictions.

Sec. 12-70. - General restrictions. (a) When blasting operations, other than blasting operations at limestone quarries, are performed within 2,000 feet of any structure, railway or highway, the blast shall be covered before detonation with a minimum of three feet of clean fill dirt and/or a mat constructed so that it is capable of preventing fragments from being thrown. (b) Blasting detonations are allowed only during daylight hours, but not earlier than 7:00 a.m. local time. (c) A certified blaster and at least one other person shall be present during the firing of all blasts. (Ord. No. 89-482, § VIII, 8-30-1989)

Huntsville Code of Ordinances § 12-71 Vibration and airblast overpressure levels.

Sec. 12-71. - Vibration and airblast overpressure levels. (a) Except as otherwise authorized in this article, the allowable ground vibration and airblast overpressure levels resulting from the detonation of explosives are as follows: (1) For ground vibration, levels not to be exceeded at any time are 0.50 inch per second peak particle velocity for frequencies below 40 Hz and 2.00 inches per second for frequencies equal to and greater than 40 Hz; except that if the measured ground vibration level continuously exceeds 0.50 inch per second particle velocity after a period of one second following the maximum particle velocity, the charge weight per delay shall be reduced so that the particle velocity does not exceed 0.50 inch per second. (2) For airblast overpressure, levels not to be exceeded at any time are 129 peak dB L (linear) - 0.1 Hz high-pass system; 128 peak dB L (linear) - two Hz high-pass system; and 124 peak dB L (linear) - five or six Hz high-pass system. (b) The requirements established within this section apply to any property of concern but no closer than at or beyond the property line of property under the control—through ownership or lease or other contractual arrangement—of persons having the blasting operation performed. Where a conflict exists regarding the location or determination of which property line applies, the nearest building structure shall be considered as being at or beyond the property line of persons having the blasting operation performed. (Ord. No. 89-482, § VII, 8-30-1989)

Huntsville Code of Ordinances § 12-72 Instrumentation.

Sec. 12-72. - Instrumentation. (a) A three-component direct reading velocity instrument with a frequency response of five Hz or below to 200 Hz and adhering to the design criteria for portable seismographs as outlined in U.S. Department of Interior, Bureau of Mines report RI 8506, "Measurement of Blast-Induced Ground Vibrations and Seismograph Calibration," shall be used for determining compliance with the ground vibration limits specified in section 12-71. The minimum frequency ranges for ground vibration instrumentation are two to 150 Hz for quarry blasting and five to 200 Hz for construction and excavation blasting. The maximum allowable peak particle velocity shall apply to each of the three components. (b) An airblast channel having a frequency range of 0.1 to 200 Hz, two to 200 Hz, or five or six Hz to 200 Hz on a blasting seismograph shall be used for determining compliance with the airblast overpressure levels specified in section 12-71. The instrumentation shall adhere to the design criteria and operational guidelines as outlined in U.S. Department of Interior, Bureau of Mines report RI 8508, "Airblast Instrumentation and Measurement Techniques for Surface Mine Blasting." (c) Instruments shall be operated in accordance with the instrument manufacturer's instructions. Instrument measurements shall be considered valid only when ambient levels are less than 0.1 inch per second and ten dB L lower than the levels of the explosive blast being measured. Therefore, all instruments shall be set to trigger no higher than 0.3 inch per second and 118 dB L on two Hz high-pass systems for monitoring purposes. (Ord. No. 89-482, § X, 8-30-1989)

Huntsville Code of Ordinances § 12-73 Records.

Sec. 12-73. - Records. Persons responsible for blasting operations shall maintain a record of each blast. All records shall be retained at least three years and shall be available for inspection by the director and shall contain the following minimum data: (1) Name of person responsible for the blasting operation. (2) Location, date and time of blast. (3) Name of blaster in charge. (4) Type of material blasted. (5) Number of holes, burden and spacing. (6) Diameter and depth of holes. (7) Types of explosives used. (8) Amount of explosives used. (9) Maximum amount of explosives per delay period of eight milliseconds or greater. (10) Maximum number of holes per delay period of eight milliseconds or greater. (11) Method of firing and type of circuit. (12) Weather conditions (including such factors as wind directions, etc.). (13) Height or length of stemming. (14) If mats or other protections were used. (15) Type of detonators used and delay periods used. (16) Seismograph and airblast readings when measured. (Ord. No. 89-482, § XIII, 8-30-1989)

Huntsville Code of Ordinances § 12-74 Blasters certification.

Sec. 12-74. - Blasters certification. (a) Generally. Blasters certificates, whether issued in the name of an individual or of a corporation or other entity, shall bear the name, address and photograph of the person whose qualifications have been tested with respect to such certificate. Any such certificate issued to a corporation or other entity shall be valid only during the time that the qualifying individual is supervising the blasting operations being conducted. Blasters certificates are valid for three years from the date of issuance. In addition to the qualifications specified in subsection (b) of this section, such person must satisfy each of the following qualifications: (1) Present evidence of training, knowledge and experience in the handling and use of explosives; (2) Be knowledgeable of federal, state and local laws and regulations pertaining to explosives; (3) Pass a qualifying written or oral examination demonstrating such training, experience and knowledge; and (4) Demonstrate a minimum of one year's hands-on experience in the handling and use of explosives. (b) Qualifications. A blasters certificate shall not be issued unless the applicant: (1) Is at least 21 years of age; (2) Has not within three years from the date of the application been convicted of a willful violation of any provision of this article; and (3) Has not knowingly withheld information and has not made any false or fictitious statement intended or likely to deceive in connection with the application. (c) Application for certificate. Applications for a blasters certificate shall be filed in a manner and form prescribed by the director and shall give all the information necessary to enable the director to make the required determinations. (d) Certificate fee. A fee of $200.00 shall be paid at the time the application for a blasters certificate is submitted. Fees shall be made payable to the city. Any applicant failing to obtain a certificate because of not passing the qualifying examination before reexamination must submit a new application and fee. The fees collected will be used to provide continuing education courses to certified blasters. (e) Revocation of blasters certificate. Any blasters certificate issued by the director may be revoked by the director, after notice and hearing, for any of the following causes: (1) A willful violation of any provision of this article; (2) Unintentional but repeated violations of any of the provisions of this article; (3) Conviction of a felony by a court of law; and (4) Willful and intentional falsification of information submitted on an application for a blasting permit or an application for a blasters certificate. (f) Continuing education. In order to retain a valid blasters certification, each blaster must attend and complete one eight-hour continuing education course for each three years. One continuing education course will be administered by the division each three years. The cost for the course shall be funded by certification fees. Any other continuing education courses taken to satisfy this minimum requirement shall be approved in advance by the director. (Ord. No. 89-482, § V, 8-30-1989)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH12ENMA_ARTIIIBL_DIV1GEFetched: 11/6/2026