Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 12-29-1977 by Ord. No. 1431 as Ch. 8 of the Cheltenham Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 151.

§ 139-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EXPLOSIVE or EXPLOSIVES
Includes any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion that contains oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, friction or concussion, percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

§ 139-2 Storage of explosives.

A. 
All explosives must be stored in a magazine complying with the requirements of this chapter unless such explosives are being transported or used as prescribed and authorized herein.
B. 
Magazines for the storage of explosives shall be made of not less than 18-gauge metal with an insert of one-inch wooden lines and a three-inch space between the wooden liner and metal filled with sand.
C. 
All magazines or places where explosives are stored must be kept free and clean from grit, rubbish and empty packages.
D. 
Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives but shall be stored in a magazine or magazines which shall be at least one hundred fifty (150) feet from any explosives.
E. 
Every person, firm or corporation shall keep an accurate record showing the disposition of each container or package of explosives stored, transported or used, which record shall be subject at all times to inspection by the Fire Marshal of Cheltenham Township.
F. 
Buildings or storage sheds used for the storing of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways or public highways in accordance with the provisions of the American Table of Distances for Storage of Explosives, Table 12.7 in the National Board of Fire Underwriters Regulations.
G. 
At all places where high explosives are stored, there shall be displayed, at a conspicuous place visible to those passing, a sign whereon shall appear the words "Explosives Kept Here," and all vehicles used for transporting such explosives shall display an easily legible sign on both sides and the rear of said vehicle indicating that said vehicle contains explosives.

§ 139-3 Use of explosives.

A. 
All blasting or blasting operations must be conducted during daylight hours except when authorized at other times by the Fire Marshal of Cheltenham Township.
B. 
The handling and firing of explosives shall be performed by the person, firm or corporation to whom a permit has been issued or by employees under said permittee's supervision who are over the age of twenty-five (25) years.
C. 
No person shall handle explosives while under the influence of intoxicating liquors or narcotics.
D. 
All blasting operations shall be suspended and all persons shall be removed from the blasting area during the approach and progress of an electrical storm.
E. 
Before any blasting charge is set off, signs shall be posted on all roads within three hundred fifty (350) feet of the blasting operations warning all persons using the public highways against the use of mobile radio transmitters.
F. 
Whenever blasting is done in congested areas or in close proximity to buildings, railways, highways, building operations or any other installation that may be damaged, the blast shall be covered before firing with a mat so constructed that it is capable of preventing rock from being thrown into the air.
G. 
The Fire Marshal of Cheltenham Township shall have the power and authority at the time of issuance of a permit to set the amount or size of any charge or blasting which might constitute a distinct hazard to life or adjoining property.

§ 139-4 Permit required.

A. 
No person, firm or corporation shall store, sell, transport or use explosives within the Township of Cheltenham until he shall have first obtained a permit to do so to be issued by the Fire Marshal of the township.
B. 
No permit shall be granted by the Fire Marshal to any person, firm or corporation to blast or conduct any blasting operations within the township until the applicant has filed a bond or certificate showing that he is insured with a reputable insurance company to adequately compensate for any damage to township property, public improvements, private property or personal injury. The amount of said bond shall be not less than sixty thousand dollars ($60,000.), fifty thousand dollars ($50,000.) to cover property damage and ten thousand dollars ($10,000.) to cover personal injury damage. The Fire Marshal shall have the power to increase the amount of the bond if in his judgment it is necessary to adequately protect the safety of property and persons.
C. 
The fee or charge for a thirty-day permit shall be and a fee or charge for a one (1) year permit shall be as set forth from time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For current fee amounts, see Ch. A300, Fees.

§ 139-5 Revocation of permit.

Every permit issued under this chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the permittee violate any of the provisions of this chapter. Said permit may be revoked by the Board of Township Commissioners after written notice to the permittee, which notice shall specify the ordinance or law violations with which the permittee is charged, after hearing the permittee is found to be guilty of such violation. Ten (10) days' notice shall be given the permittee. At such hearing, the permittee and his attorney may present and submit evidence and witnesses in his defense.

§ 139-6 Violations and penalties.

[Amended 3-21-1989 by Ord. No. 1686[1]]
Any person or legal entity violating the provisions of this chapter shall, upon summary conviction before a District Justice, pay a fine of not more than one thousand dollars ($1,000.), together with costs of suit, collectible in the manner provided by law.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.