BLASTING COMPLAINT PROCEDURES

The Department of Commerce and Insurance’s State Fire Marshal’s Office will conduct investigations into blasting complaints.

If you have concerns regarding blasting in your area, contact the State Fire Marshal’s Office at 615-741-7190.

v The identity of the person making the complaint will be kept confidential during the investigation, but becomes public record once the investigation is complete.

v Each complainant should have the following information available when calling the State Fire Marshal’s Office:

r Complainant’s name, address, city, state, zip code, and telephone number(s).

r Location of complaint including both city and county.

r Person or company causing the complaint, including address, telephone number, license numbers, etc.

r Description of complaint, dates, and times of incidents.

v Complaints will be routed to the responsible inspector for investigation.

v At no time during the investigation are records open to the public. Investigation information is confidential until the matter has come to a conclusion. At the conclusion of the investigations, the complainant is notified in writing as to the final outcome and the records become public information.

 

 

 

BLASTING

BACKGROUND

· Complaints from residents related to the blasting in Nolen Park

CURRENT PROCEDURES

· Permit for blasting contractors

· Blasting Complaint Procedures given out by Town Hall

SPECIFIC ACTIONS TAKEN IN THIS SITUATION

· With initial complaint, procedures were given out by Town Hall

· With additional complaint and digital photographic material of fly rock, image and request for further investigation were forwarded to Assistant Director of Commerce, Emmett Turner

· State Fire Marshal and ATF immediately investigated. No state violations were found.

· With additional complaints, Mayor met with Dan Crunk, Director of Land Development for Jones Company, Bill Rodgers, Civil Constructors, Joe Rogers, Civil Constructors and the blasting contractor on Wednesday, 1/17/07. (Channel 2 Report aired Wed., 1/24/07 at 5pm)

RESPONSE TO MEETING WITH MAYOR

· Provided copies of pre-blast surveys completed as requested by liability insurance. Confirmed that any alleged property damage from vibrations would be pursued with Jones Company as a civil matter. Seismograph readings were presented at the meeting in verifying compliance under State Law.

· Verified that according to state law blasting may occur from sunrise to sunset. They were advised of Nolensville’s noise ordinance limiting them to 7 a.m. to 7 p.m.

· Agreed to send a letter to residents advising them of the meaning of the sequential warning horn signals and also post a sign with this information within the established neighborhood section in addition to the sign already existing in Nolen Park.

(First horn sounds five (5) times for a five (5) minute delay before blasting, three (3) more indicate another five (5) minute delay, and the next single horn signals that the shot is about to go off. One (1) horn sound following the blast signals all clear.

· Discussion of alleged fly rock incidents included the Mayor sending them any photographs provided to the BOMA. Mayor was advised that fly rock incidents should be photographed and documented. Fly rock incidents should be reported directly to b.rodgers@civilconstructors.com and/or the State Fire Marshal’s Office at Jimmy.sanders@state.tn.us.

(Fly rock prevention methods include blasting mats and an overburden technique.)

POSSIBLE SOLUTIONS

· Analyze and potentially adopt measures from other municipalities.

· Research possible communication and pre-blast survey conditions that could be required at pre-construction meetings and how they could be enforced (i.e. condition for Planning Commission approval)

· Communicate with State legislators on proposed legislation that would reduce the acceptable 2” per second peak particle velocity currently allowed in measuring ground motion and any other legislation that would allow for greater municipal controls.