Las Vegas Sun

April 24, 2024

Henderson constructs new blasting ordinance

What started with a bang in Henderson is winding down with a whimper.

With the outcry diminishing over construction blasting in Henderson, the city is preparing to adopt regulations that would give residents greater notification before detonations and place more restrictions on blasters.

After a three-month delay to refine the ordinance, the Henderson City Council is expected to adopt the measure Nov. 1.

That would seemingly end, for now, a saga that began March 24 when Henderson, responding to complaints from residents that explosions had cracked their homes, temporarily halted all blasting within 300 feet of buildings.

In response, the developer of MacDonald Highland persuaded a District Court judge to allow blasting to resume.

The city held a meeting Thursday to get input on the proposed ordinance from blasters, contractors and residents. Only a representative of one developer attended, reflecting the dwindling number of complaints over the past seven months, city officials said. Contractors have permits to blast at 10 Henderson locations.

"The volume has definitely dropped. We get few calls anymore," Henderson Fire Marshal Fulton Cochran said. "I think a lot of it was a lack of understanding, and now they are aware of what is going on and not caught by surprise."

Henderson's existing ordinance does not require contractors to hold neighborhood meetings or to notify residents before the blasting begins. Instead, blasters have been doing that voluntarily, and that will be an essential part of the new ordinance, Cochran said.

Under the existing ordinance, blasters only have to notify someone within 1,000 feet, but under the new ordinance, in the case of larger blasts, notifications may extend a half-mile away.

Paul Bykowski, vice president of land development for MacDonald Highlands, said complaints have gone down because more residents believe blasting is not responsible for cracks.

"They were afraid of the unknown and now that they feel blasting twice a week, any cracks that they have look the same. It sinks in that we are not the problem," Bykowski said.

A New Mexico consultant hired by Henderson blamed wind, temperature and humidity fluctuations for cracks in walls in homes in MacDonald Highlands, Crystal Ridge and Sun City MacDonald Ranch.

That did not prevent Henderson from pursuing its plan to impose tighter restrictions. Under the plan:

*No blasting would be allowed within 100 feet of homes unless residents agree to it.

*Contractors, who would have to pay the city higher permit fees, would be required to submit detailed blasting plans and seismograph reports detailing explosions generated.

*The city would require an inspector on any blasts within 300 feet of homes.

*Residents who live within 300 feet of blasts could request a free survey inspecting their homes before and after blasting to determine whether there is any damage.

Henderson, however, will not change the intensity of the blasts, which are limited to 0.5 inches of vibration per second and 120 decibels.

Developers wanted to increase the permitted level to 133 decibels. City officials maintain there would be no damage as long as the blasting intensity is kept below 0.75 inches of vibration per second and 150 decibels.

Henderson hopes to prevent what happened in Sparks in July when a blast by a Henderson company damaged an apartment complex and homes after rocks, some 10 to 12 inches long, flew up to 1,000 feet.

"It could happen here despite what we are doing," Cochran said. "You can't eliminate all the risks."

Lake Las Vegas resident James Sabalos, a lawyer, has urged the city to halt all blasting within a quarter-mile of homes.

"Like the case in Sparks, it only takes one incident in which a rock goes through a window and hits a woman and child and destroys a family," Sabalos said.

Bykowski said he believes the new ordinance will make people feel safer without providing any more meaningful protection. Still, he said his company is willing to abide by it.

"It is going to cost and be more of a hassle, but it does allow us to move forward," Bykowski said. "The biggest problem at the beginning of the year was that there were no rules, and we couldn't do it (blast) at all."

Brian Wargo can be reached a 259-4011 or at [email protected].

archive