15-4-310 License application and certificate of fitness.

   (a)   License application. A written application for a license under this chapter shall be made to the commissioner of business affairs and consumer protection in conformity with the general requirements of this Code relating to applications for licenses. In addition, the applicant shall set forth the location at which it is desired or intended to keep such explosives, or any other substance mentioned in the preceding section, the maximum amount of such explosives, or any of them intended to be kept on hand at any one time at such place, and shall state whether such explosives are to be kept in bulk or in barrels, canisters, or other containers, and the number of loaded shells, loaded cartridges, blank cartridges, percussion caps, primers or detonators, or the number of pounds of flashlight powder, intended to be kept on hand at any one time in such place. Any applicant engaging in blasting operations or in any other activity using explosives shall further state in his application the nature of the work to be performed, the site of the proposed work, the location of the magazine in which it is intended to keep such explosives, and the quantity and kind of explosives to be kept therein.

   Upon request from the commissioner of business affairs and consumer protection, the fire commissioner shall make, or cause to be made, an investigation for the purpose of ascertaining whether the place at which it is desired or intended to keep, sell, offer for sale, use or give away such explosives or other aforementioned substances is so situated that a license to keep such loaded paper shells, metallic shot, loaded cartridges, blank cartridges, percussion caps, primers, detonators or flashlight powder in the quantity desired would not be so dangerous as to constitute a nuisance or be a menace to the safety of the public or of adjoining property, and also whether the conditions under which such explosives, cartridges, percussion caps, flashlight powder, or any of them, are to be kept or handled shall be such as to provide the maximum of safety.

   Licenses issued pursuant to this chapter shall have a term of two years.

   (b)   Certificate of fitness. Before any operation shall begin under a license for the transportation of any explosives, or for the use of explosives in any manner, or for blasting, the licensee shall file with the fire commissioner, in writing, the name or names of the person or persons designated by the fire commissioner to handle said explosives or to load holes or discharge explosives, to prepare charges and load the holes, to transport by vehicle or otherwise, or to have the care of magazines.

   Any such person, before being permitted to exercise any of such functions, shall file a written application with the fire commissioner for a “certificate of fitness”, and before the issuance of any such certificate the fire commissioner shall examine such applicant as to his qualifications to fill such position or positions, under the conditions herein described. No person shall be permitted to have the actual care and handling of such explosives without first having obtained a certificate of fitness as herein provided. Such certificate of fitness shall be subject to inspection by any member of the fire and police departments at all times.

   To receive a certificate of fitness the person must:

      (1)   Be at least 21 years of age;

      (2)   Be able to understand and speak the English language;

      (3)   Have letters of recommendation from his last two employers (if any), and, if he has not been in the service of his last employer for at least three years, a letter testifying to his good character and capacity from his last employer;

      (4)   Be familiar with the laws and the provisions of this Code governing the transportation, storage and use of explosives, particularly the part relating to the service to be performed by the applicant; and

      (5)   Be familiar with the risks incident to the service to be performed by him, and capable of taking all necessary precautions.

   Nothing herein contained shall prevent a licensee from applying for and obtaining a certificate of fitness if entitled to the same under the provisions of this section. The actual work done must at all times be conducted by a person holding a certificate of fitness.

(Prior code § 90-29; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-18-16, p. 24131, § 69; Amend Coun. J. 2-22-17, p. 43916, Art. IV, § 1)

15-4-320 License fee.

   The fee for each license and certificate of fitness issued pursuant to the provisions of this chapter shall be as set forth in Section 4-5-010 .

(Prior code § 90-30; Amend Coun. J. 2-22-17, p. 43916, Art. IV, § 2)

 

Notes

4-5-010

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15-4-330 Bonds.

   Each applicant for a license under this chapter shall furnish and file with the fire commissioner a proof of general liability and property damage insurance issued by an insurer authorized to underwrite risks in this state, and with a Best's rating of A-11 or better. The insurance policy shall be maintained in full force and effect at all times throughout the duration of the license period, provide for notice to the city comptroller 30 days prior to cancellation of the policy, and shall provide for the payment of any loss, damage or injury resulting to persons or property by reason of the use, sale or keeping of such explosives, and for the strict observance of the provisions of this Code relating to explosives and substances referred to in Section 15-4-300. The insurance shall be subject to the approval of the city comptroller and shall be filed in the office of the comptroller. Any violation of the insurance requirements of this section shall subject the violator to suspension or revocation of the license. Insurance shall be in the amounts as follows:

   For manufacturers, agents and all others who desire to bring to, or sell within, the corporate limits of the city such explosives as are designated in Section 15-20-010, insurance in the amount of $3,000,000.00 per person and $10,000,000.00 per occurrence; in case of delivery being made by vehicles, additional charge of $1,000,000.00 per person and per occurrence for each and every vehicle in excess of one vehicle engaged within the city in the delivery of such explosives. Provided, however, no insurance shall be required from any person receiving a license for the sole purpose of keeping, selling or giving away, within the city, loaded paper shells, metallic shot, loaded cartridges, or blank cartridges designed or intended to be used in shotguns, pistols, rifles or firearms, as specified in Section 15-4-300 where the total amount of such loaded paper shells, metallic shot, loaded cartridges or blank cartridges does not exceed 25,000.

   For all contractors or others now engaged in, or purporting hereafter to engage in, any activity involving explosives or blasting operations, commercial general liability insurance shall be required in the amount not less than $3,000,000.00 per person and $10,000,000.00 per occurrence for bodily injury, personal injury and property damage, for the payment of any loss, damage or injury resulting to persons or property by reason of the use, keeping, sale or transporting of explosives; and the city shall be named as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the contractor's operations.

(Prior code § 90-31; Amend Coun. J. 3-23-94, p. 47131; Amend Coun. J. 5-9-12, p. 27485, § 181; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 46; Amend Coun. J. 5-18-16, p. 24131, § 70; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 48)

15-4-340 Reserved.

Editor's note – Coun. J. 2-22-17, p. 43916, Art. IV, § 3, repealed § 15-4-380, which pertained to certificate of fitness. See now § 15-4-310.

15-4-350 Inspection.

   The fire commissioner shall appoint one or more inspectors whose duty it shall be to make frequent inspection of all premises and work of all licensees. Said inspection shall include: (1) detailed and exact examination of the manner in which licensees are complying with the provisions of Chapter 15-20, and (2) a statement as to whether all due and reasonable precautions to avoid accidents are being taken, and (3) a verification that all employees who are performing work for which a certificate of fitness is required are in possession of such certificate. Each inspector shall make a report in writing to the fire commissioner at the close of each day's inspection, stating conditions observed, and such reports shall be kept on file by the fire commissioner.

(Prior code § 90-33; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 5-18-16, p. 24131, § 72)

15-4-360 Sales to other than licensees.

   It shall be unlawful for any person, or his agent or employee, to sell, offer for sale, or give to any person for purposes of sale any of the substances or explosives mentioned in Section 15-4-300 unless such person receiving such substances shall have procured and be in possession of a license as required by this chapter; provided, however, that the provisions of this section shall not apply to flashlight powder or black powder where the amount involved is less than five pounds.

(Prior code §  90-34)

15-4-370 Weekly report of sales.

   Any person selling, offering for sale, or giving away any of the aforementioned substances or explosives to any person within the city shall file a weekly statement of such sales or deliveries with the fire commissioner. Such statement shall be verified as to its correctness by an affidavit and shall specify the deliveries for the preceding week for use within the city and in detail as follows:

   (a)   Date of delivery;

   (b)   Name of buyer;

   (c)   Point of delivery;

   (d)   Number of pounds, name, character, kind and strength of explosives.

   Such statements shall be on forms provided by the fire commissioner, and shall be delivered by mail or messenger not later than the second business day in each week.

(Prior code § 90-35; Amend Coun. J. 5-18-16, p. 24131, § 73)

15-4-380 Reserved.

Editor's note – Coun. J. 5-24-06, p. 76974, § 6, repealed § 15-4-380, which pertained to analysis of explosives.

15-4-390 Submission of samples.

   No license shall be granted to any person engaged in the use or sale of dynamite or other explosive until such dealer, contractor or other person heretofore referred to, shall first submit to the chemist for analysis a sample of such dynamite or any other explosive sought to be used or sold, and whenever such chemist shall certify that such sample is of standard purity and quality, a license shall be issued, if all other requirements heretofore prescribed are complied with.

   It shall be the duty of the inspector from time to time to bring a sample of dynamite or other explosives sold or used by licensees, and to submit such sample to the chemist, who shall analyze and test same, and if it shall be found that such sample is not of standard purity and quality, the license of such licensee shall be revoked by the mayor.

(Prior code §  90-37)