Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-2.024: Construction Materials Mining Activities
PURPOSE AND EFFECT: The purpose of the rule amendment is to provide additional notice of intended blasting activity to local government. In addition to the written notice required 20 days in advance of the initial blasting activity, written notice must be provided five days in advance of intended blasting activity following permit renewal.
SUMMARY: The State Fire Marshal has authority to regulate statewide vibration limits relating to the use of explosives in conjunction with commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials. However, the authority is limited to adopting the limits established by the United States Bureau of Mines; therefore, the State Fire Marshal does not retain discretion with regard to setting ground vibration limits. Population growth has resulted in increased concern about ground vibrations. The rule provides additional notice requirements so that people can be prepared for the blasting vibrations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 552.30, 552.38 FS.
LAW IMPLEMENTED: 552.30, 552.38 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, December 21, 2009, 1:00 p.m. – 5:00 p.m.
PLACE: Third Floor Conference Room, Atrium Building, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casia.Sinco@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casia.Sinco@myfloridacfo.com, Program Manager, Bureau of Fire Prevention, Division of State Fire Marshal. Phone: (850)413-3670

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-2.024 Construction Materials Mining Activities.

(1) through (7) No change.

(8) Local Government Notice.

(a) Each person permitted to engage engaged in construction materials mining activity shall submit written notification to the county and or municipality in which construction materials mining activity is to be conducted. The initial notice shall be provided after the issuance of the permit and give at least 20 days notice prior to the initial blast for any blasting.

(b) Subsequent notices shall be provided following the annual permit date and give at least five days notice prior to the first blast following annual permit date.

(c)(b) As soon as practical, but no later than one hour prior to the time when a blast is scheduled to take place, the person or firm engaged in construction materials mining activity shall, if requested, notify the county or municipality of any revisions to the notice.

(9) through (15) No change.

Rulemaking Specific Authority 552.30, 552.38 FS. Law Implemented 552.20, 552.38 FS. History–New 11-25-01, Amended 6-24-02, Formerly 4A-2.024, Amended 10-27-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 3, 2009