[HISTORY: Adopted by the Borough Council of the Borough of Collegeville 12-7-1960 by Ord. No. 163 (Part 6, Ch. 2, Art. B, of the 1985 Code of Ordinances). Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
EXPLOSIVE or EXPLOSIVES
Any chemical compound or mechanical mixture, that is commonly or actually used or intended for the purpose of producing an explosive, that contains any oxidizing and combustible units, or other ingredients, in such proportion, quantity or packing that an ignition by fire, by friction or concussion by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects on contiguous objects or of destroying life or limb. That term shall be deemed to include dynamite in any form or quantity, dynamite caps or blasting compounds or equipment. That term shall not include any small arms, ammunition or devices or compositions actually intended and used to obtain visible or audible pyrotechnic effects nor explosives in the forms prescribed in the official United States Pharmacopeia. That term shall not be deemed to include explosives produced or stored in experimental quantities in the laboratories of high schools, colleges or similar institutions by the duly qualified personnel of these institutions for the purposes of investigation and instruction.
PERSON
Any individual, firm, partnership, association, company, organization or group of any kind, including Borough employees.
STORAGE
The keeping in any article, truck, building, shed, enclosure or outdoors or at any place whatsoever at any time within the limits of the Borough.
TRANSPORTATION
The moving by vehicle, cart, by hand or otherwise of any of the articles or materials mentioned in this chapter from one place within the Borough limits to another place within the limits of the Borough.
USE
The term "use" when employed in this chapter shall be deemed to mean and to include any handling, disposition, employment, placing, or use as commonly understood and defined of any of the articles or materials mentioned in this chapter except those conducted by the duly qualified and authorized professional personnel of accredited high schools and colleges or the students thereof under professional supervision for research, investigation and instruction.
B. 
Interpretation. This chapter shall not supersede any provision of state or federal law or regulations that is in conflict with or identical to any provision of this chapter, but is to be construed as to be correlated with any such statutes and regulations. It is the intent of the Borough that any provision of this chapter that is stricter than or in addition to any such statute or regulation shall be in effect and shall be enforced within the Borough, subject to the penalties prescribed by § 241-11 for a violation of this chapter.
No person shall have, keep, use, store, sell or transport any explosive or explosives or do, perform, conduct, supervise or permit any blasting or detonation of explosives or blasting materials within the Borough at any time whatsoever unless that person shall have obtained and have in his possession and/or properly exhibited a valid permit duly issued by the Secretary as specified in §§ 241-4 through 241-6, and then only in accordance with the conditions and subject to the limitations specified on the permit.
An applicant seeking issuance of a permit shall execute an application, in writing, on a form prescribed by the Building Committee and provided by the Secretary or the Building Committee. Every applicant shall set forth on that form the following specified information:
A. 
The complete name, address and identity or the person who proposes to transport, store, keep or use explosives or do the blasting, and the name, address, and identity of the specific individual who will be in charge.
B. 
Whether or not the applicant or any employee of the applicant is involved in any litigation, either civil or criminal, the names of any pending cases, the jurisdiction, court, term, and number, and whether there have been any fines levied or judgments rendered at any time against the applicant for damages growing out of the storage or use of explosives.
C. 
The type and extent of the applicant's operations and the projects contemplated (so far as known or ascertainable at the time application is made) in connection with which blasting will be conducted.
D. 
The type or kind of explosives generally used by the applicant.
E. 
The applicant shall promise and agree upon the application forms to be furnished by the Secretary that the applicant will be fully liable for and promises to pay for any and all damages of every kind and nature resulting to any person or property from the conduct of the blasting operations, and that the applicant will display at all times the permit on the premises designated in the permit.
F. 
Every applicant shall supply satisfactory proof before a permit is issued that the applicant has provided and maintains at reasonable accessible points adequate fire extinguishing equipment wherever explosives are stored, transported, sold or used.
G. 
Fees. All applications shall be accompanied by a fee in the sum of $20 payable to the Borough, except that applications for annual renewal of a permit made at or before the expiration of the previous permit shall be $10 and fees may be waived as to employees of the Borough applying for permits in the course of performance of Borough business.
Every applicant, as a condition precedent to issuance of a permit, shall furnish an irrevocable bond in the sum of $300,000 or more, or evidence to the Secretary or the Building Committee that there is and will continue in full force a public liability insurance policy against personal injury and property damage in an amount of not less than $300,000 for any one accident, which liability insurance coverage must remain in effect during the entire period of the blasting operations.
A. 
Permits for any of the purposes enumerated in this section and in § 241-3 may be issued on the recommendation of a majority of the Building Committee of Council by and upon the signature of the Secretary, upon compliance by the applicant with the provisions of this chapter and the regulations established under this chapter by the Building Committee:
B. 
Separate annual permits shall be required for each of the following: transporting and/or storing and/or selling any explosive or explosives; transporting and/or using for blasting any explosive or explosives.
C. 
A permit shall be valid only for a period of one year from the date of issuance, and shall be subject to all limitations and provisions of this chapter.
D. 
The permit for transporting explosives shall designate the time when and the route whereon the explosive may be transported. A police escort shall be required where the aggregate amount of explosives being transported on any one vehicle is 25 pounds or more.
E. 
Every vehicle while carrying explosives shall have painted on its front, sides and back in letters easily legible at least four inches high, in contrasting colors, the word "Explosives" or in lieu thereof shall display, in such manner that it will be visible from all directions, a red flag with the word "Danger" printed, stamped or sewn thereon in white letters. Such flag shall be at least 24 inches square and the letter shall be six inches high.
F. 
No person shall be permitted to smoke in or on a vehicle containing explosives nor drive any such vehicle while intoxicated, nor drive any such vehicle or conduct himself in a careless or reckless manner, nor load or unload the vehicle while the motor is running or in a careless manner or while smoking or intoxicated, nor shall such vehicle be left unattended while it contains explosives.
G. 
No person shall be permitted to place, carry or cause to be placed or carried in the same compartment of the bed or body of any vehicle containing explosives, any metal tool or other piece of metal, any matches, any exploders, detonators, blasting caps, or other similar explosive material or any other merchandise or equipment, provided the restriction as to tools and metals shall not apply to plumbing contractors licensed by the Borough when carrying less than 10 pounds of such explosives.
No blasting shall be permitted except between the hours of 8:00 a.m. and 5:00 p.m., Mondays through Saturdays. There shall be no blasting on legal holidays. Blasting operations shall be conducted by the permit holder in a safe, careful manner with full, proper and adequate safety precautions and protection to all persons and property and after suitable public warning at the expense and responsibility of the holder of the permit.
The permit holder shall be fully liable for any and all damages of every kind and nature resulting to any person or property from the conduct of the blasting operation and from the storage or transportation of explosives. This chapter shall not be construed as to impose or increase liability upon the Borough, its agents, representatives or employees.
A. 
Any person holding a valid permit may store the explosives covered by the permit only in a magazine complying with the construction specifications for magazines containing explosives issued by the Pennsylvania Department of Labor and Industry and at such places as comply with the American Table of Distances issued by the Institute of Makers of Explosives and an accurate record shall be kept at all times showing the size and contents of each container or package of explosives so stored.
B. 
Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives and such magazines must be kept clean and free from grit, rubbish and empty packages.
C. 
All magazines containing explosives shall be kept locked except when an actual process of being inspected or when explosives are being placed therein or are being removed therefrom. All explosives and portable magazines shall be stored at the end of each working day in a permanent, locked magazine.
A. 
Whenever the Mayor or Secretary finds that any person holding a permit has obtained the permit with false information in the application or has violated any condition of the permit, or of this chapter, or finds, that the conduct of that permit holder is wilful or creates a fire or explosion hazard requiring corrective action the Mayor or Secretary, as the case may be, shall certify the violation to council and the Mayor or Secretary shall forthwith suspend the permit.
B. 
Council, upon being notified of any such suspension of a permit, or upon its own motion upon information received of careless conduct or violations of this chapter requiring corrective action may by majority vote revoke any permit. Before any such final revocation of permit, at least five days' notice of a hearing before council shall be given to the permit holder of the time and place of hearing, at which time a fair hearing shall be accorded the permit holder.
[Amended 3-1-1989 by Ord. No. 363]
Any person who violates any provision of this chapter shall, for every such violation, upon conviction before a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment of fine and costs, to imprisonment for not more than 30 days. Provided, each separate offense or violation of any provision of this chapter, and each day on which any offense or violation takes place shall constitute a separate violation and shall be subject to a separate penalty.