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Every driver of a motor tank vehicle conveying Class I flammable liquids, as defined in Section 15-24-020 of this Code, including those drivers of vehicles with loads originating outside the City limits for deliveries in the City, but not drivers of carriers holding certificates of public convenience and necessity, or permits as a contract carrier, issued by the Department of Transportation under federal Motor Carrier Act of 1935 as amended, shall be required to receive a certificate of fitness from the Fire Commissioner. The annual fee for such certificate of fitness shall be: originals – $5.00; renewals – $2.00, to be paid to the Comptroller.
In addition to the requirements outlined in Section 15-4-260 the applicant shall pass an examination conducted by the issuing officer upon the law and ordinance regulations governing the transportation, storage, and use of the flammable liquid to which his employment and services relates.
(Prior code § 90-27; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 11; Amend Coun. J. 5-18-16, p. 24131, § 68; Amend Coun. J. 11-7-18, p. 88803, § 35)
ARTICLE V. BLASTING AND EXPLOSIVES (15-4-300 et seq.)
No person shall engage in blasting operations or in any other activity using explosives, or shall have, keep, sell, use, give away, or handle in transit any black powder in excess of five pounds, guncotton, blasting powder, giant powder, dynamite, nitroglycerine, fulminate of mercury or any other explosives, or any substances, compound, mixture or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds, may decompose suddenly and generate sufficient heat, gas or pressure, or all of them, to produce rapid flaming combustion or administer a destructive blow to persons or property; nor shall any person keep, sell, give away, offer for sale or transport, any loaded paper shells, metallic shot, loaded cartridges, blank cartridges, percussion caps, primers, or detonators, nor keep or store flashlight powder in excess of five pounds within the corporate limits of the city or on or in the waters of Lake Michigan, including all breakwaters, piers and permanent and temporary structures therein for a distance of four miles from the shore between the north and south lines of the city extended except in the manner and upon the conditions hereinafter provided in Chapter 15-20 and without first obtaining a license therefor.
(Prior code § 90-28)
(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)
In addition to the requirements in Section 15-4-310, an application for a license to use explosives for the purpose of demolishing a building or other structure shall be subject to the following:
(a) Comprehensive plan. The application shall include a comprehensive plan describing the use of explosives, including but not limited to an overview of the entire project timeline and scope, the security plan, the transportation plan, the operational plan, the occupational health and safety plan, the hazardous materials abatement plan, the dust mitigation plan, the air quality monitoring plan, the community notification plan, the rodent abatement plan, the emergency response plan, and the site cleanup plan.
(b) Written notice. The application shall include evidence that the applicant mailed written notice to the owners and occupants of all buildings located within 1,000 feet of the property lines of the zoning lot where explosives will be used and to the alderman of the ward in which the zoning lot is located. This notice shall describe the intended use of explosives, include the date, time and location of the public meeting required by subsection (d), and provide an emergency contact phone number which will be continuously monitored by the applicant from the date of the notice until completion of the demolition. Such evidence shall include a copy of the notice, a list of addressees and a description of the date and method of mailing.
(c) Posted notice. The application shall include photographic evidence that the applicant has installed at the site where explosives will be used, in a location visible and legible from the public way, a sign that is at least 4 feet tall and 8 feet wide, with lettering at least 6 inches tall, describing the intended use of explosives, the date, time and location of the public meeting required by subsection (d), and an emergency contact phone number which will be continuously monitored by the applicant from the date of the notice until completion of the demolition. This sign shall remain in place until the completion of the use of explosives.
(d) Public meeting. The application shall include details of a public meeting, to be hosted by the applicant at the sole expense of the applicant, which shall provide attendees at least two hours to ask questions of the applicant regarding details of the comprehensive plan required by subsection (a). This public meeting shall be held no less than 30 days and no more than 60 days after the date the application is filed with the Commissioner of Business Affairs and Consumer Protection. This public meeting shall be held at a location within two miles of the site where explosives will be used and accommodate in person attendance by at least 50 attendees. Any change in the date or time of the public meeting shall require a new application.
(e) Coordination. The Office of Emergency Management and Communication shall convene a meeting between the applicant and all relevant city agencies to review the comprehensive plan. The use of explosives may not proceed unless each relevant city agency approves of the comprehensive plan. The Office of Emergency Management and Communication shall operate an incident command post on the date explosives will be used. On the date explosives will be used and prior to the use of explosives, the applicant shall submit to the incident command post a signed certification that all protective measures required under the approved comprehensive plan are in place and operational.
The applicant shall reimburse the city for direct and indirect costs related to operation of the incident command post and related city services.
For purposes of this subsection, relevant city agencies include, but are not limited to, the Departments of Buildings, Fire, Police, Public Health, Streets and Sanitation, and Transportation.
(f) Validity. A license issued for this purpose shall be valid only on a date or range of dates specified by the Executive Director of Emergency Management and Communications. In no case shall this date be less than 90 days after the date on which the application was filed with the Commissioner of Business Affairs and Consumer Protection, nor less than 30 days after the public meeting required by subsection (d).
(g) Additional Requirements. A license issued for this purpose shall not be valid unless the applicant also complies with the following requirements:
(1) Obtains a public way obstruction permit pursuant to Section 10-28-281.2 or a determination by the Commissioner of Transportation that such a permit is not required.
(2) Complies with the permit and notification requirements of Section 11-4-2170.
(3) Obtains a water use permit pursuant to Section 11-12-070.
(4) Obtains a demolition permit pursuant to Section 14A-4-407.
(5) Provides additional community notifications, no less than 7 and no more than 30 days prior to the date explosives will be used, in a form and manner approved by the Executive Director of Management and Communications. The Executive Director may require that such notifications be mailed, hand delivered, or electronically or telephonically transmitted and provided in multiple formats or languages where the Executive Director determines such steps are needed to adequately inform the community of the intended use of explosives.
(6) Complies with the Illinois Explosives Act.
(Added Coun. J. 7-22-20, p. 19496, § 2; Amend Coun. J. 10-7-20, p. 21791, Art. VI, § 4)
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)
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)
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