[HISTORY: Adopted by the Village Board of the Village of Kronenwetter 4-12-2004 as Sec. 67-11 of the 2004 Code; amended 9-10-2007. Subsequent amendments noted where applicable.]
Explosives are of two types: detonating (high) explosives (e.g., TNT, dynamite) have extremely rapid decomposition and development of high pressure; deflagrating (low) explosives (e.g., black powder, smokeless powder, gunpowder) merely burn quickly and produce relatively low pressure. Primary detonating explosives are ignited by a flame, a spark, or an impact; secondary ones require a detonator and sometimes a booster.
Any person, corporation or other entity, prior to the display or retail sale of explosives in the Village, shall obtain a permit from the Village Board at least 45 days prior to said sale or display. The permit shall be approved by the Police Chief prior to submittal to the Village Board. The Village Board may attach conditions to said permit for the retail sale or display of explosives. The cost of the permit shall be as set from time to time by the Village Board. Subject to suspension or revocation as further set forth herein, said permit shall be valid for a period of 10 years from date of issuance.
No person, corporation or other entity, having been convicted of a violation under this chapter, shall be eligible to obtain a permit for the display or sale of explosives or participate in any manner in the transportation, sale or display of explosives for a period of five years from the date of conviction.
Explosives displayed for retail sale shall not be made accessible to the public.
All structures utilized in the sale, display or storage of explosives must be inspected by the Fire Chief or his/her designated representative prior to the sale, display or storage of fireworks for compliance with this chapter and conditions of the permit. In addition, all structures and any person, corporation or other entity granted a permit shall:
Obtain all necessary business licenses, zoning approvals and other permits.
Maintain an explosives storage criteria check sheet which shall be complete and be posted on the premises for the Fire Chief or his/her designated representative to review.
Provide to the Village a certificate of insurance in the amount of $2,000,000.
Have constructed as part of the structure a sprinkler system and an alarm system capable of motion, smoke, heat and intrusion detection on a twenty-four-hour, everyday-of-the-week basis. All systems shall be monitored by a central station capable of notifying the Marathon County 911 system.
Explosives sales in facilities will adhere to the following guidelines:
Only packaged explosives containing approved permissible Explosives may be offered for sale.
"No Smoking" signs shall be placed every 10 feet within the retail display, sales and storage areas, and shall be located where they are visible to persons approaching the building entrances.
A minimum of two pressurized water fire extinguishers shall be provided. One extinguisher shall be located near the retail display and the other near the storage area. Each extinguisher shall be located between 10 feet and 15 feet of these areas, be visible and readily available at all times.
One sample of each type or assortment may be displayed in a designated and approved retail sales area, provided the samples are either constantly supervised by a competent person or safeguarded behind an approved physical barrier that prevents tampering or access by unauthorized persons. Packaged explosives merchandise can be retrieved from the approved storage area and then taken to a checkout line or cashier for sale to the consumer.
Aisles four feet in width shall be maintained on three sides of the display area.
Display height shall not exceed six feet above the finished floor.
Storage height shall not exceed 15 feet above the finished floor.
In occupancies (structures) where a firesafety and evacuation plan is required, an amended plan shall be provided indicating any changes caused by the temporary display and storage.
Material safety data sheet for the explosives shall be available near the main entrance and readily available.
Minimum age of sales personnel. No person under the age of 18 years shall be allowed to sell explosives.
It shall be unlawful to sell any explosives to any person under the age of 18 unless accompanied by a parent, legal guardian or other competent adult.
Penalty/seizure of explosives. If a permit holder violates any ordinances of the Village or state law, the Village Board may suspend or revoke the permit granted under § 285-2. The Police Chief or his designee shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of explosives that are offered, exposed or stored for display or sale that are in violation of this chapter. This seizure shall include any approved explosives which may be found with those explosives which are in violation. Seized explosives shall, upon conviction for violation of this chapter, be destroyed. Additionally, the penalty provisions of Chapter 1, General Provisions, § 1-2, General penalty, of this Code shall apply to violations of this chapter.
Construction of the storage facility shall meet the following requirements:
Hinges and hasps shall be attached to doors by welding or riveting or bolting (nuts on inside of door).
Locks shall be five-tumbler or five-blade. Padlocks shall be protected with one-quarter-inch steel caps constructed to prevent sawing or lever action on locks/hasps. Each door shall be equipped with:
Electric lighting used in any storage facility must meet National Electrical Code standards for conditions present. All electric switches must be located outside the storage facilities and comply with the National Electrical Code. Battery activated safety lighting may be used in all explosives storage facilities.
Storage facilities shall be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Explosive materials shall not be placed directly against interior walls of a storage facility. Brooms and other cleaning utensils shall have no spark-producing metal parts. Only tools made of nonsparking materials shall be used (metal slitters may be used for opening fiberboard containers. Metal tools, other than nonsparking transfer conveyors, shall not be stored in any area containing explosives). Area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass or trees less than 10 feet tall for not less than 25 feet in all directions. Any other combustible materials shall be kept a distance of not less than 50 feet from outdoor storage.
Hollow masonry units shall have all hollow spaces filled with well-tamped coarse dry sand or weak concrete.
Metal wall sectional sheets shall be securely fastened to a metal framework with steel not less than 14 gauge, or aluminum, not less than 14 gauge, and lined with brick or solid cement blocks and shall have at least six inches sand fill between outer and inner walls.
Wood wall exterior shall be covered with either steel not less than 26 gauge, or aluminum, not less than 26 gauge, and the inner wall shall be constructed to provide not less than six inches between outer and inner walls; the space to be filled with either coarse dry sand or weak concrete.
Floors shall be constructed of nonsparking material and shall be strong enough to bear weight of maximum quantity to be stored.
Outer roof (except fabricated metal roofs) shall be covered with twenty-six gauge iron, fastened to 0.875-inch sheathing, or twenty-six-gauge aluminum, fastened to 0.875-inch sheathing.
Doors shall be constructed of one-quarter-inch steel, and shall be lined with hardwood.
Interior shall be constructed of, or covered with, a nonsparking material. No sparking metal construction shall be exposed below top of walls in interior. All nails shall be blind-nailed or countersunk.
Air space of two inches shall be left around ceiling and perimeter of floors, except at doorways.
Vents in foundation, root or gables shall be screened and offset or shielded.