[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.]
§ 285-1 Types; permissible explosives.
§ 285-2 Permit required for sale or display.
§ 285-3 Eligibility for permit after conviction.
§ 285-4 Public access prohibited.
§ 285-5 Inspections; permit conditions.
§ 285-6 Sale facility guidelines.
§ 285-7 Violations and penalties; seizure.
§ 285-8 Storage facility construction requirements.
§ 285-1 Types; permissible explosives.
A.
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.
§ 285-2 Permit required for sale or display.
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.
§ 285-3 Eligibility for permit after conviction.
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.
§ 285-4 Public access prohibited.
Explosives displayed for retail sale shall not be made accessible
to the public.
§ 285-5 Inspections; permit conditions.
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:
A.
Obtain all necessary business licenses, zoning approvals and other
permits.
B.
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.
C.
Provide to the Village a certificate of insurance in the amount of
$2,000,000.
D.
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.
§ 285-6 Sale facility guidelines.
Explosives sales in facilities will adhere to the following
guidelines:
A.
Only packaged explosives containing approved permissible Explosives
may be offered for sale.
B.
"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.
C.
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.
D.
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.
E.
Aisles four feet in width shall be maintained on three sides of the
display area.
F.
Display height shall not exceed six feet above the finished floor.
G.
Storage height shall not exceed 15 feet above the finished floor.
H.
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.
I.
Material safety data sheet for the explosives shall be available
near the main entrance and readily available.
J.
Minimum age of sales personnel. No person under the age of 18 years
shall be allowed to sell explosives.
K.
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.
§ 285-7 Violations and penalties; seizure.
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.
§ 285-8 Storage facility construction requirements.
Construction of the storage facility shall meet the following
requirements:
A.
Hinges and hasps shall be attached to doors by welding or riveting
or bolting (nuts on inside of door).
B.
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:
C.
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.
D.
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.
E.
Walls.
(2)
Hollow masonry units shall have all hollow spaces filled with well-tamped
coarse dry sand or weak concrete.
(3)
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.
(4)
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.
G.
Floors shall be constructed of nonsparking material and shall be
strong enough to bear weight of maximum quantity to be stored.
H.
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.
I.
Doors shall be constructed of one-quarter-inch steel, and shall be
lined with hardwood.
J.
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.
K.
Air space of two inches shall be left around ceiling and perimeter
of floors, except at doorways.
L.
Vents in foundation, root or gables shall be screened and offset
or shielded.