RESOLUTION NO. RS2006-1252
A resolution requesting the Metropolitan Fire Marshal to examine the feasibility and legality of requiring applicants for blasting permits to provide a detailed schedule of anticipated blasting activity at the time the application is filed.
WHEREAS, Members of the Metropolitan Council routinely receive complaints from constituents about blasting activities in their neighborhoods; and
WHEREAS, improper levels of blasting have caused damage to the homes and businesses of citizens of Nashville and Davidson County; and
WHEREAS, Tennessee Code Annotated § 68-105-110 expressly preempts and supercedes all existing and future local government ordinances and regulations pertaining to blasting activities; and
WHEREAS, although the Metropolitan Government is preempted from enacting blasting regulations, it is the Metropolitan Council's hope that requiring applicants for blasting permits to submit a schedule of their proposed blasting activities, and making such schedule open for public inspection, would not run afoul of this state law preemption.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Fire Marshal to examine the feasibility and legality of requiring applicants for blasting permits to provide a detailed schedule of anticipated blasting activity at the time the application is filed.
Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to Metropolitan Fire Marshal Danny Hunt and to Fire Chief Stephen Halford.
Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Carolyn
Baldwin Tucker, Vivian Wilhoite
|Referred:||Public Safety Committee|
|Introduced:||March 21, 2006|
|Deferred:||March 21, 2006|
|Adopted:||April 4, 2006|
|Returned Unsigned by Mayor:||April 6, 2006|