(a) Permit Required. No person shall store any explosives unless a permit is first obtained from the Director of Safety. A revocable permit valid for three years may be issued by the Director.
(b) Application for Permit and Renewal. Written application for a permit or for renewal of a permit to store explosives shall be made to the Director on forms provided by him. The application shall be accompanied by a permit fee of five dollars ($5.00), which shall be returned to the applicant if the application is denied.
(c) Consideration of Application. The Director may either grant or deny the application for a permit, taking into consideration:
(1) The congestion of persons, the type of buildings, the volume of vehicular traffic and the topography in the vicinity of the storage area;
(2) The condition and construction of the structure or magazine used or to be used for storage of explosives and the applicable fire limit regulations;
(3) The adequacy of water supply in the storage area;
(4) The American Table of Distances for Storage of Explosives, published by the Institute of Makers of Explosives; and
(5) Any other factors relevant to public safety.
(d) Issuance of Permit. In granting a permit, the Director may limit the quantity of explosives which may be stored by the applicant and may prescribe in the permit the terms and conditions he considers necessary for the protection of the public from the dangers of explosion.
(e) Overnight Storage. No permit may be granted to store or keep over fifty pounds of explosives or over 500 blasting caps any place within the City between the hours of 6:00 p.m. and 7:00 a.m. of the following day.
(f) Revocation of Permit. The Director may revoke a permit:
(1) If conditions considered in granting the permit change at the storage area or in the vicinity and the public is endangered by the storage of explosives as authorized by the permit;
(2) If the permittee is convicted of a violation of this chapter; or
(3) If the permittee is convicted of a violation of Federal or State laws or regulations relating to safety in storing and transporting explosives.
(g) Hearing on Denial or Revocation of Permit. Before denying or revoking a permit, the Director shall give written notice of his proposed action to the applicant or permittee. If, within ten days after the date of such notice a hearing is requested by the applicant or permittee, the Director shall fix a time within the next thirty days in which he shall hear the objections of the applicant or permittee to the denial or revocation of the permit. Thereafter the decision of the Director shall be final.
(h) Inspections. It shall be the duty of the Fire Chief to enforce the provisions of this chapter relating to storage and he shall regularly inspect buildings where explosives are stored to determine whether storage practices conform to the provisions of this chapter and the limitations imposed by the permit.
(Ord. 68-6. Passed 6-4-68.)
(Ord. 68-6. Passed 6-4-68.)
(i) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree.