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)

15-4-400 Permit for blasting.

   Every person engaged in, as principal, or connected with, any activity involving explosives or blasting operations, shall make an application to the fire commissioner for a permit to keep and use explosives, giving at the time, in writing, the name of the licensee, location of the office or place of business, occupation, proposed location of the magazine, together with plans and descriptions of the construction of such magazine, the quantity and kind of explosives proposed to be kept therein, and the names of the employees required to have certificates of fitness.

   If the proposed location of the magazine shall be satisfactory to the fire commissioner, the fire commissioner shall approve such application and transmit the same with his approval thereon to the city clerk, who shall, upon payment by such applicant to the comptroller of a permit fee of $5.00, issue to such applicant a permit to locate the magazine at the location given in such application.

   It shall be unlawful for any licensee to move or cause to be moved any magazine, after having received a permit for the use of same, until such licensee shall make a new application to the fire commissioner for permission so to do and shall have secured a permit for such purpose, and every application for such permit shall specify the place at which it is desired to locate the magazine proposed to be moved.

   The fire commissioner shall recommend the revocation of any permit issued to blast rock or any other substance for noncompliance with any of the provisions of this section.

(Prior code § 90-38; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 74)