(a) No person, firm or corporation acting as a contractor or blaster shall use and/or detonate explosives unless he is in possession of a valid City of Chardon temporary permit to use explosives or dangerous ordnance for blasting purposes; and a permit from the Fire Prevention Bureau in accordance with the requirements of the Ohio Fire Code (OAC 1301:7-7-26 as amended); and unless the requirements of this section have been observed and every reasonable precaution, including compliance with the Ohio Revised Code, is taken to prevent accidents, damage to property or unreasonable disturbance. The blaster, the owner, the lessee, a contractor and a subcontractor shall comply with these regulations and none shall be saved harmless herefrom because of the errors of the other.
(b) The City temporary permit shall be obtained from the Planning Commission and shall be issued at least 15 days in advance of the commencement of blasting operations. Prior to the issuance of any permit, the applicant shall file a "Notice of Intent to Blast" with the Planning Commission and Council at least 25 days prior to the commencement of such operations; however, no permit shall be issued at this time.
(c) Upon application to the Planning Commission and upon Planning Commission's receipt of a written report from two geologists stating that rock formations in the proposed blasting area cannot be removed by drilling, pneumatic hammering, or other common, nonexplosive methods and further upon payment of the fees provided for, a temporary permit shall be issued to qualified applicants to acquire, possess, carry or use an explosive device or dangerous ordnance for the following purposes:
(1) Contractors, wreckers, quarrymen, mine operators, landfill operators and other persons regularly employing explosives in the course of a legitimate business, with respect to explosives and explosive devices acquired, possessed, carried or used in the course of such business.
(2) Farmers, with respect to explosives and explosive devices acquired, possessed, carried or used for agricultural purposes as defined in R.C. §§ 3743.01 and 303.01.
(3) Scientists, engineers and instructors, with respect to dangerous ordnance acquired, possessed, carried or used in the course of bona fide research or instruction.
(4) In the discretion of the Council, any responsible person with respect to dangerous ordnance lawfully acquired, possessed, carried or used for legitimate research, scientific, educational, industrial or other proper purpose.
(5) Temporary permits shall be valid for not more than forty-five (45) days.
(6) Application for a temporary permit under this section shall be in writing, under oath, to the Planning Commission.
(Ord. 1396. Passed 8-13-92.)