[R.O. 2006 §505.020; CC 1985 §11-16]
For the purposes of this Article and as used in this Code, the
following words and terms shall have the meanings shown:
Any material or mixture consisting of a fuel and oxidizer
intended for blasting, not otherwise classified as an explosive, in
which none of the ingredients are classified as explosives, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
Materials or mixtures classified into nitro carbo nitrates by DOT
regulations shall be included in this definition.
Any person who engages in the transportation of articles
or materials by rail, highway, water or air.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion. The term "explosive"
includes all materials classified as Class A, Class B or Class C explosives
by DOT regulations and includes, but is not limited to, dynamite,
black powder, pellet powders, initiating explosives, blasting caps,
electric blasting caps, safety fuse, fuse igniters, fuse lighters,
squibs, conreau detonant fuse, instaneous fuse, igniter cord and igniters.
Any tool or special mechanized device which is actuated by
explosives, but not to include propellant-actuated power devices.
Examples of explosive-actuated power devices are jet tappers and jet
perforators.
Any public street, alley or road.
Any building or structure approved for the storage of explosives.
Magazines shall be of two (2) classes as follows:
Class I magazines shall be used for the storage
of explosives when quantities are in excess of fifty (50) pounds (22.70
kg) of explosive material.
Class II magazines shall be used for the storage
of explosives in quantities of fifty (50) pounds (22.70 kg) or less
of explosive materials except that a Class II magazine may be used
for temporary storage of a larger quantity of explosives at the site
of blasting operations where such amount constitutes not more than
one (1) day's supply for use in current operation.
Any railway car, streetcar, cab, bus, airplane or other vehicle
transporting passengers for hire.
Any steam, electric or other railroad or railway which carries
passengers for hire.
Any shotgun, rifle, pistol or revolver cartridge.
Any explosive power pack containing an explosive charge in
the form of a cartridge or construction device. The term includes,
but is not limited to, explosive rivets, explosive bolts, explosive
charges for driving pins or studs, cartridges for explosive-actuated
power tools and charges of explosives used in jet tapping of open
hearth furnaces and jet perforation of oil well casings.
Sheets, extrusions, pellets and packages of high explosives
containing dynamite, trintrotoluol, pentaerythritoltetranitrate, cyclotrimethylenetrinitramine,
or other similar compounds used for high energy rate forming, expanding
and shaping in metal fabrication, and for dismemberment and quick
reduction of scrap metal.
A facility used by carriers for the receipt, transfer, temporary
storage or delivery of articles or materials.
One containing two (2) grams of a mixture of eighty percent
(80%) mercury fulminate and twenty percent (20%) potassium chlorate,
or a cap of equivalent strength.
A conveyance of any type operated upon the highways.
[R.O. 2006 §505.030; CC 1985 §11-17]
A.
The
equipment, processes and operations involving the manufacture, possession,
storage, sale, transportation and use of explosives and blasting agents
shall comply with the applicable requirements of this Article and
shall be maintained in accordance with NFiPA 495 and DOT 49CFR except
as herein specifically exempted or where provisions of this Article
do not specifically cover conditions and operations.
B.
Nothing
in this Article shall be construed as applying to the following explosive
uses:
1.
The Armed Forces of the United States or of a State.
2.
Explosives in forms prescribed by the official United States Pharmacopoeia.
4.
The possession, transportation and use of small arms ammunition or
special industrial explosive devices.
5.
The possession, storage, transportation and use of not more than
fifteen (15) pounds (6.81 kg) of smokeless powder and one thousand
(1,000) small arms primers for hand loading of small arms ammunition
for personal use.
6.
The manufacture, possession, storage and use of not more than fifteen
(15) pounds (6.81 kg) of explosives or blasting agents in educational,
governmental or industrial laboratories for instructional or research
purposes when under the direct supervision of experienced competent
persons.
7.
The transportation and use of explosives or blasting agents by the
United States Bureau of Mines, the Federal Bureau of Investigation,
the United States Secret Service or Police and Fire Departments acting
in their official capacity.
[R.O. 2006 §505.040; CC 1985 §11-18; Ord. No. 98.31 §1, 8-20-1998]
A.
A permit
shall be obtained from the Building Official for any of the following
conditions or operations. All permits shall expire within ten (10)
days of the date of issuance unless extended for another ten (10)
days by the Building Official or his designee.
[Ord. No. 14.13 §1, 3-20-2014]
1.
To manufacture, possess, store, sell or otherwise dispose of explosives
or blasting agents.
2.
To transport explosives or blasting agents.
3.
To use explosives or blasting agents.
4.
To operate a terminal for handling explosives or blasting agents.
5.
To deliver to or receive explosives or blasting agents from a carrier
at a terminal between the hours of sunset and sunrise.
6.
To transport blasting caps or electric blasting caps on the same
vehicle with explosives.
B.
Permits
shall not be issued for:
1.
Liquid nitroglycerin.
2.
Dynamite (except gelatin dynamite) containing over sixty percent
(60%) of liquid explosive ingredient.
3.
Dynamite having an unsatisfactory absorbent or one that permits leakage
of a liquid explosive ingredient under any conditions liable to exist
during storage.
4.
Nitrocellulose in a dry and uncompressed condition in quantity greater
than ten (10) pounds (4.54 kg) net weight in one (1) package.
5.
Fulminate of mercury in a dry condition and fulminate of all other
metals in any condition except as a component of manufactured articles
not hereinafter forbidden.
6.
Explosive compositions that ignite spontaneously or undergo marked
decomposition, rendering the products or their use more hazardous,
when subjected for forty-eight (48) consecutive hours or less to a
temperature of one hundred sixty-seven degrees Fahrenheit (167°F)
(75 degrees centigrade).
7.
New explosives until approved by DOT 49CFR, except that permits may
be issued to educational, governmental or industrial laboratories
for instructional or research purposes.
8.
Explosives condemned by DOT 49CFR.
9.
Explosives not packed or marked in accordance with the requirements
of DOT 49CFR.
10.
Explosives containing an ammonium salt and a chlorate.
C.
Before
a permit to do blasting shall be issued, the applicant for such permit
shall file a bond or a liability insurance policy in a minimum amount
of one million dollars ($1,000,000.00) and in such form and coverages
as determined by the City Attorney to be adequate in each case to
indemnify the City against any damages arising from the permitted
blasting.
[R.O. 2006 §505.050; CC 1985 §11-19]
A.
The
manufacture of explosives or blasting agents shall be prohibited unless
such manufacture is authorized by the City. This Subsection shall
not apply to hand loading of small arms ammunition for personal use
when not for resale.
B.
The
storage of explosives and blasting agents is prohibited within the
limits established by law as the limits of the district in which such
storage is to be prohibited, except for temporary storage for use
in connection with approved blasting operations, provided however,
this prohibition shall not apply to wholesale and retail stocks of
small arms ammunition, explosive bolts, explosive rivets or cartridges
for explosive-actuated power tools in quantities involving less than
five hundred (500) pounds (227 kg) of explosive material.
C.
The
Fire Official may limit the quantity of explosives or blasting agents
to be permitted at any location.
D.
A person
shall not sell or display explosives or blasting agents on highways,
sidewalks, public property or in places of public assembly or education.
[R.O. 2006 §505.060; CC 1985 §11-20]
The layout, arrangement and construction of buildings and structures in which explosives, ammunition and blasting agents are permitted under Section 505.030 shall comply with the applicable requirements of the City's Building Code for the appropriate use group classification and shall be provided with fire protection and fire extinguishing equipment as required by that Code. Buildings and structures and their service equipment shall be maintained in safe and sound condition as required by this Code.
[R.O. 2006 §505.070; CC 1985 §11-21]
A.
Generally. Explosives, including special industrial high
explosive materials, shall be stored in magazines, which meet the
requirements of this Article. This shall not be construed as applying
to wholesale and retail stocks of small arms ammunition, explosive
bolts, explosive rivets or cartridges for explosive-actuated power
tools in quantities involving less than five hundred (500) pounds
(227 kg) of explosive material. Magazines shall be in the custody
of a competent person at all times who shall be at least twenty-one
(21) years of age, and who shall be held responsible for compliance
with all safety precautions.
B.
Control In Wholesale And Retail Stores. The Fire Official
may authorize the storage of up to fifty (50) pounds (22.7 kg) of
explosives and five thousand (5,000) blasting caps in wholesale and
retail hardware stores or other approved establishments. Explosives
and blasting caps shall be stored in separate Class II magazines at
approved locations on the first (1st) floor not more than ten (10)
feet (3048 mm) from an entrance. A distance of ten (10) feet (3048
mm) shall be maintained between the magazines. Their location shall
not be changed without approval of the City.
D.
Magazine Construction. Magazines shall be constructed and
maintained as follows:
1.
Class I magazines shall be designed and constructed
in accordance with nationally recognized good practice, and shall
have openings only for ventilation and entrance.
2.
Class II magazines shall be constructed of two (2)
inch (51 mm) tongue and grooved hardwood, covered on the outside with
No. 20 U.S. Standard gauge sheet steel (0.040 inch; 1.01 mm) or No.
20 U.S. Standard gauge sheet aluminum (0.032 inch; 0.81 mm), or of
all metal construction with sides, bottom and cover of sheet metal
lined with three-eighths (3/8) inch (10 mm) plywood or the equivalent.
Edges of metal covers shall overlap sides at least one (1) inch (25
mm). Class II magazines when located in wholesale and retail hardware
stores or other approved establishments shall be mounted on casters
or wheels to facilitate removal.
3.
Magazines for the storage of explosives shall be weather resistant
and properly ventilated and when used for storage of Class A explosives
other than black powder, blasting caps and electric blasting caps,
shall also be bullet resistant.
4.
Magazines shall not be provided with artificial heat or light, except
that if artificial light is necessary, an approved electric safety
flashlight or safety lantern shall be used.
E.
Safety Precautions. Smoking, matches, open flames, spark
producing devices and firearms shall be prohibited inside or within
fifty (50) feet (15240 mm) of magazines. Combustible materials shall
not be stored within fifty (50) feet (15240 mm) of magazines.
F.
Surrounding Terrain. The land surrounding magazines shall
be kept clear of brush, dried grass, leaves, trash and debris for
a distance of at least twenty-five (25) feet (7620 mm).
G.
Locking Security. Magazines shall be kept locked except
when being inspected or when explosives are being placed therein or
being removed therefrom.
H.
Magazine Housekeeping. Magazines shall be kept clean, dry
and free of grit, paper, empty packages and rubbish.
I.
Separation Of Detonators And Explosives. Blasting caps,
electric blasting caps, detonating primers and primed cartridges shall
not be stored in the same magazine with other explosives.
J.
Explosive Unpacking. Packages of explosives shall not be
unpacked or repacked in a magazine nor within fifty (50) feet (15240
mm) of a magazine.
K.
Magazine Contents. Magazines shall not be used for the
storage of any metal tools or of any commodity except explosives,
but this restriction shall not apply to the storage of blasting agents,
blasting supplies and oxidizers used in compound blasting agents.
L.
Unstable Explosives. When an explosive has deteriorated
to an extent that it is in an unstable or dangerous condition, or
if nitroglycerin leaks from any explosive, then the person in possession
of such explosive shall immediately report the fact to the Fire Official
and upon his/her authorization shall proceed to destroy such explosives
and clean floors stained with nitroglycerin in accordance with the
instructions of the manufacturer. Only experienced persons shall do
the work of destroying explosives.
M.
Class I Magazine Warnings. Property upon which Class I
magazines are located shall be posted with signs reading Explosives
— Keep Off. Such signs shall be located so as to minimize
the possibility of a bullet traveling in the direction of the magazine
if anyone shoots at the sign.
N.
Class II Magazine Warnings. Class II magazines shall be
painted red and shall bear lettering in white, on all sides and top
at least three (3) inches (76 mm) high, Explosives —
Keep Fire Away.
[R.O. 2006 §505.080; CC 1985 §11-22]
A.
Generally. Explosives shall not be transported on public
conveyances. When transported in vehicles, the precautions in this
Section shall be observed.
B.
Vehicle Design. Vehicles used for transporting explosives
shall be strong enough to carry the load without difficulty and shall
be in good mechanical condition. If vehicles do not have a closed
body, the body shall be covered with a flameproof and moistureproof
tarpaulin or other effective protection against moisture and sparks.
Such vehicles shall have tight floors, and exposed spark-producing
metal on the inside of the body shall be covered with wood or other
non-sparking material to prevent contact with packages of explosives.
Packages of explosives shall not be loaded above the sides of open-body
vehicles.
C.
Vehicle Prohibitions. The attachment of any type of trailer
behind a truck, a tractor-semi-trailer or truck-full-trailer combination
for transporting explosives is prohibited. Explosives shall not be
transported on any pole trailer.
D.
Vehicle Restrictions. Vehicles containing explosives shall
not be taken into a garage or repair shop for repairs or storage.
E.
Vehicle Contents. Only those dangerous articles authorized
to be loaded with explosives by DOT 49CFR shall be carried in the
body of a vehicle transporting explosives.
F.
Vehicle Inspections. It shall be the duty of the person
to whom a permit has been issued to transport explosives over the
highway of the jurisdiction to inspect daily those vehicles under
such authority and employed for this purpose to determine that:
1.
Fire extinguishers are filled and in operating condition;
2.
Electric wires are insulated and securely fastened;
3.
The motor, chassis and body are reasonably clean and free of excessive
grease and oil;
4.
The fuel tank and fuel lines are securely fastened and are not leaking;
5.
Brakes, lights, horn, windshield wipers and steering mechanism are
functioning properly;
6.
Tires are properly inflated and free of defects; and
7.
The vehicle is in proper condition for transporting explosives.
G.
Vehicle Signs. Every vehicle transporting explosives shall
be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than three (3) inches (76
mm) high on a contrasting background.
H.
Separation Of Detonators And Explosives. Blasting caps,
or electric blasting caps, shall not be transported over the highways
of the jurisdiction on the same vehicle with other explosives, except
by permission of the Fire Official.
I.
Vehicle Traveling Clearances. Vehicles transporting explosives
and traveling in the same direction shall not be driven within three
hundred (300) feet (91440 mm) of each other.
J.
Vehicle Routing. Vehicles transporting explosives shall
be routed to avoid congested traffic and densely populated areas.
K.
Vehicular Tunnels. Explosives shall not be transported
through any completed vehicular tunnel or subway.
L.
Fire Extinguisher. Every vehicle used for transporting
explosives shall be equipped with not less than one (1) approved fire
extinguisher, suitable for use on flammable liquid fires, filled and
ready for immediate use, and located near the driver's seat.
M.
Operating Precautions. A person shall not smoke, carry
matches or any other flame-producing device, or carry any firearms
or loaded cartridges while in or near a vehicle transporting explosives
or drive, load or unload any such vehicle in a careless or reckless
manner.
N.
Spark Protection. Spark-producing metal or spark-producing
metal tools shall not be carried in the body of a vehicle transporting
explosives.
O.
Driver Qualifications. Vehicles transporting explosives
shall be in the custody of drivers who are physically fit, careful,
capable, reliable, able to read and write the English language, not
addicted to the use or under the influence of intoxicants or narcotics,
and not less than twenty-one (21) years of age. They shall be familiar
with State and municipal traffic regulations, and the provisions of
this Article governing the transportation of explosives.
P.
Vehicle Attendant. Vehicles transporting explosives shall
not be left unattended at any time within the jurisdiction.
Q.
Passenger Restrictions. Unauthorized persons shall not
ride on vehicles transporting explosives.
R.
Emergency Conditions. The Police Department shall be promptly
notified when a vehicle transporting explosives is involved in an
accident, breaks down, or catches fire. Only in the event of such
an emergency shall the transfer of explosives from one vehicle to
another vehicle be allowed on highways within the City and only when
qualified supervision is provided. Except in such an emergency, a
vehicle transporting explosives shall not be parked before reaching
its destination on highways within the jurisdiction or adjacent to
or in proximity to any bridge, tunnel, dwelling, building or place
where people work, congregate or assemble.
S.
Delivery. Delivery shall only be made to authorized persons
and into approved magazines or approved temporary storage or handling
areas.
T.
Explosives And Blasting Agents At Terminals. The City may
designate the location and specify the maximum quantity of explosives
or blasting agents that may be loaded, unloaded, reloaded or temporarily
retained at each terminal where such operations are permitted.
U.
Department Of Transportation Regulations. Shipments of
explosives or blasting agents delivered to carriers shall comply with
DOT 49CFR.
V.
Carrier Responsibility. Carriers shall immediately notify
the City when explosives or blasting agents are received at terminals.
W.
Notice To Consignee. Carriers shall immediately notify
consignees of the arrival of explosives or blasting agents at terminals.
X.
Consignee Responsibility. The consignee of a shipment of
explosives or blasting agents shall remove them from the carrier's
terminal within forty-eight (48) hours, Sundays and holidays excluded,
after being notified of their arrival.
[R.O. 2006 §505.090; CC 1985 §11-23]
A.
Generally. Blasting agents or oxidizers, when stored in conjunction with explosives, shall be stored in the manner set forth in Section 505.060 for explosives. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements.
B.
Storage Location. Buildings used for storage of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways and public highways in accordance with Table A, set out in Section 505.120.
C.
Storage Housekeeping. The interior of buildings used for
the storage of blasting agents shall be kept clean and free from debris
and empty containers. Spilled materials shall be cleaned up promptly
and safely removed. Combustible materials, flammable liquids, corrosive
acids, chlorates, nitrates other than ammonium nitrate or similar
materials shall not be stored in any building containing blasting
agents unless separated therefrom by construction having a fire-resistance
rating of not less than one (1) hour. The provisions of this Section
shall not prohibit the storage of blasting agents together with non-explosive
blasting supplies.
D.
Trailer Storage Requirements. Semi-trailer or full trailers may be used for temporarily storing blasting agents, provided they are located away from inhabited buildings, passenger railways and public highways, in accordance with Table A, set out in Section 505.120. Trailers shall be provided with substantial means for locking, and the trailer doors shall be kept locked except during the time of placement or removal of blasting agents.
E.
Oxidizers And Fuels. Piles of oxidizers and buildings containing
oxidizers shall be adequately separated from readily combustible fuels.
F.
Oxidizer Handling. Caked oxidizer, either in bags or in
bulk, shall not be loosened by blasting.
[R.O. 2006 §505.100; CC 1985 §11-24]
A.
When blasting agents are transported in the same vehicle with explosives, all of the requirements of Section 505.070 shall be complied with.
B.
Vehicles
transporting blasting agents shall be in safe operating condition
at all times.
C.
Every
vehicle transporting blasting agents shall be marked or placarded
on both sides, front and rear, with the word "Dangerous" and also the words "Blasting Agents", in letters
not less than three (3) inches (76 mm) high on a contrasting background.
D.
Oils,
matches, firearms, acids or other corrosive liquids shall not be carried
in the body of any vehicle transporting blasting agents.
E.
A person
shall not be permitted to ride upon, drive, load or unload a vehicle
containing blasting agents while smoking or under the influence of
intoxicants or narcotics.
[R.O. 2006 §505.110; CC 1985 §11-25]
A.
Mixing Agents. Buildings or other facilities used for mixing blasting agents shall be located away from inhabited buildings, passenger railways and public highways, in accordance with Table A, set out in Section 505.120.
B.
Quantity Of Mixing Agents. Not more than one (1) day's
production of blasting agents or the limit determined by Table A,
whichever is less, shall be permitted in or near the building or other
facility used for mixed blasting agents. Larger quantities shall be
stored in separate buildings or magazines.
C.
Compounding Standards. Compounding and mixing of recognized
formulations of blasting agents should be conducted in accordance
with nationally recognized good practice.
D.
Ignition Protection. Smoking or open flames shall not be
permitted within fifty (50) feet (15240 mm) of any building or facility
used for the mixing of blasting agents.
E.
Unpackaging Tools. Tools used for opening packages of explosives
shall be constructed of non-sparking materials.
F.
Waste Disposal. Empty oxidizer bags shall be disposed of
daily by burning in a safe manner in the open at a safe distance from
buildings or combustible materials.
G.
Packing Material Disposal. Empty boxes and paper and fiber
packing materials which have previously contained high explosives
shall not be used again for any purpose, but shall be destroyed by
burning at an approved isolated location out of doors, and any person
shall not be nearer than one hundred (100) feet (30480 mm) after the
burning has started. Explosives shall not be abandoned.
[R.O. 2006 §505.120; CC 1985 §11-26]
A.
Time. Blasting operations shall be conducted during daylight
hours except when authorized at other times by the City.
B.
Personnel. The handling and firing of explosives shall
be performed by the person possessing a permit to use explosives or
by employees under that person's direct supervision who are at least
twenty-one (21) years old.
C.
Clearance At Site. At the site of blasting operations,
a distance of at least one hundred fifty (150) feet (45720 mm) shall
be maintained between Class II magazines and the blast area when the
quantity of explosives temporarily kept therein is in excess of twenty-five
(25) pounds (11.35 kg), and at least fifty (50) feet (15240 mm) when
the quantity of explosives is twenty-five (25) pounds (11.35 kg) or
less.
D.
Notice. Whenever blasting is being conducted in the vicinity
of gas, electric, water, fire, alarm, telephone, telegraph or steam
utilities, the blaster shall notify the appropriate representatives
of such utilities at least twenty-four (24) hours in advance of blasting,
specifying the location and intended time of such blasting. Verbal
notice shall be confirmed with written notice. In an emergency the
Fire Official may waive this time limit.
E.
Responsibility. Before a blast is fired, the person in
charge shall make certain that all surplus explosives are in a safe
place, all persons and vehicles are at a safe distance or under sufficient
cover, and a loud warning signal has been sounded.
F.
Precautions. Due precautions shall be taken to prevent
accidental discharge of electric blasting caps from current induced
by radio or radar transmitters, lightning, adjacent power lines, dust
storms or other sources of extraneous electricity. These precautions
shall include:
1.
The suspension of all blasting operations and removal of persons
from the blasting area during the approach and progress of an electrical
storm;
2.
The posting of signs warning against the use of mobile radio transmitters
on all roads within three hundred fifty (350) feet (106.75 mm) of
the blasting operations; and
3.
Compliance with nationally recognized good practice when blasting
within one and one-half (1½) miles (2.41 km) of broadcast or
high power short wave radio transmitters.
G.
Congested Areas. When blasting is done in congested areas
or in close proximity to a building, structure, railway, highway or
any other installation that may be damaged, the blast shall be covered
before firing, with a mat constructed so that it is capable of preventing
rock from being thrown into the air.
