(A) It shall be a violation of this chapter for any person to be in possession of high explosive materials, as defined by the adopted Fire Code, or conduct an operation or activity requiring the use of explosive materials, or perform, order or supervise the loading and firing of high explosive materials for the purpose of blasting, without first obtaining a permit from the Fire Marshal.
(B) High explosive materials shall not be transported, sold, given, delivered or transferred to anyone in the city not in possession of a valid blasting permit.
(C) A blasting permit is required for every individual project requiring blasting.
(D) A permit issued under this section is non-transferable to any other person or entity.
(E) To obtain a permit for blasting the person performing the blasting shall complete and file an application in the form prescribed by the Fire Marshal with a certificate of insurance and the required review fees.
(F) The application shall include the location where the blasting will take place; the type, condition and maximum amount of explosive materials to be used in any blasting charge; the numbers and location of the charges; the protective covering to be used; the type of detonating apparatus which will be used; measures that will be used to protect nearby property, buildings and structures; the dates and approximate time of explosions, damage monitoring plan, traffic control plan and other information necessary to make the use of explosives as safe as possible, such as public warning procedures, the recovery of a failed detonation and the manner of transporting and storing explosives.
(G) The Fire Marshal, before issuing a permit for blasting, shall require the person or entity to whom the permit is issued to execute and deliver a certificate of general liability insurance coverage in a form to be approved by the city in an amount not less than $2,000,000 or such additional amount as may be reasonable under all of the circumstances then existing as determined by the Fire Marshal. The certificate of insurance shall state on its face that the underlying liability insurance policy includes coverage for indemnification of the city, its officers, agents, any blasting consultant in the employ of the city, and employees, against any claims brought by owners of any property for loss or damage that resulted from such blasting and coverage to indemnity, hold harmless and defend the city, its officers, agents and employees in and from any cost, attorney’s fees or judgments incurred or rendered in any and all suits or actions brought against it as a result in whole or in part from the blasting.
(H) Permits for blasting projects in a public right-of-way or adjacent to a public right-of-way when the blast may affect operation of the right-of-way shall not be issued unless approved by the City Engineer, the Public Works Superintendent, the City Light Superintendent and the Fire Marshal.
(I) The certificate shall also state that the insurance company must give the city a minimum of ten days’ notice of cancellation of the required liability insurance coverage. Notice shall include notice to the Fire Marshal.
(J) The Fire Marshal may approve, approve with conditions or deny a blasting or transportation and storage permit application based on findings related to the on-site or off-site impacts of the application as the impacts relate to safety of life and property on the site or off the site. The conditions of approval may relate to any aspect of the application in order to provide for as safe an operation as possible.
(K) In the interest of preserving public safety, the Fire Marshal may include in the permit conditions on the proposed blasting. It is unlawful for any person to engage, or attempt to engage, in a blasting operations in violation of any condition contained in the permit. The conditions shall include, if applicable:
(1) The type, condition and maximum amount of the explosive to be used in any blasting charge;
(2) Protective covering to be placed on or around exposed sides of the object or material to be blasted;
(3) The detonating apparatus to be used and precautions to be taken in connecting the same;
(4) Protection of nearby buildings and structures;
(5) Warnings to be given and precautions to be taken before a charge is detonated;
(6) The recovery of unexploded blasting material and the disposition of charges that fail to detonate;
(7) Days and hours for conducting blasting operations;
(8) The manner of storing explosives and detonating apparatus not in immediate use; and
(9) The duration of the permit.
(L) The Fire Marshal shall render a decision on a permit application within 30 days of the date the complete application was filed. A complete application includes the application form, fee and certificate of insurance. An applicant may appeal a denial or conditions of approval to the City Administrator.
(M) The Fire Marshal shall have the power and authority to limit the level of blasting and if it is deemed to be in the public interest, after examining all of the pertinent circumstances surrounding the proposed blasting, may then refuse to issue such permit or in the case of a previously issued permit may suspend or revoke the permit.
(N) By the passage of the ordinance codified in this chapter or the issuance of any permit under this chapter, the city assumes no responsibility for any damage caused by the person or entity blasting within the city.
(O) Transportation of explosives (Transportation Plan).
(1) A separate permit for transportation of explosives and blasting agents to the blast site and temporary storage at the site shall be obtained from the Fire Marshal. The application must be filed in the form prescribed by the Fire Marshal. A complete application includes the application form, transportation plan and permit fee.
(2) The transportation plan shall include:
(a) Route used for deliveries and returns;
(b) Hours of transportation;
(c) Maximum quantities of explosives being transported; and
(d) Types of vehicles being used. Vehicles must be in compliance with federal and state transportation regulations for motor transport of explosive materials.
(Ord. 382, passed 12-12-2005; Ord. 430, passed 10-28-2013) Penalty, see § 91.999