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It shall be unlawful for any person, firm, association or corporation or agent or employee thereof, to drain or dump or deposit upon any street, avenue, alley, sidewalk, park, or public place, or into any sump, gutter, catchbasin, drain, manhole, conduit, sewer, lake or waterway within the limits of the City and County of San Francisco, any tar, asphaltum, gasoline, lubricating oil, greases, waste oil from automobile, motorcycle or truck crankcases, or any by-product of petroleum.
It shall be unlawful for any person, firm or corporation to explode or cause to be exploded any dynamite, gunpowder or other explosive material for the purpose of breaking up earth, rock, concrete or other material by means of blasting; or drill a hole or make a crevice for the purpose of inserting any explosive material for the purpose of blasting, without first obtaining from the Department of Public Works a permit to do so.
(Amended by Ord. 150-61, App. 6/22/61)
Prior to the receipt of a permit the applicant shall deposit with the Central Permit Bureau an amount sufficient to cover the cost of the fee required for such a permit, and shall file with the Central Permit Bureau the original or duplicate-original of a single limit liability insurance policy or policies as called for herein.
(a) Fee. The amount of the fee and deposit which shall be paid by an applicant will be determined by the Department of Public Works and will be based upon an estimate of the total cost of processing the application and inspecting the work, including salary and overhead costs. A fee of $40 will be charged for processing the application, which amount will be retained by the Department in all cases. In addition to this fee an amount shall be deposited which will be sufficient to cover the estimated total cost of inspection services, including salary and overhead. At the termination of the blasting work, if the cost of inspection is less than the amount which was deposited for that purpose, the surplus shall be refunded to the permittee; and if the inspection costs exceed the amount deposited, the permittee shall be indebted to the Department of Public Works for this amount.
(b) Insurance. The applicant shall procure and maintain during the life of the permit a policy or policies of public liability and property damage insurance issued by an insurer or insurers satisfactory to the Director of Public Works and in form approved by the City Attorney. The insurance policy or policies shall insure the applicant, the owners of the premises upon which the blasting is to take place, the contractor who shall actually engage in the blasting, and the officers, agents and employees of all such persons, the Director of Public Works, the City and County of San Francisco and its officers, employees and agents in their respective capacities. Said policy or policies shall insure against liability for damages or bodily injury, wrongful death and property damage directly or indirectly resulting from the nature of the work authorized under the permit, the blasting operations conducted under said permit, or the acts, omissions, operations or conduct of the applicant, the contractor, the owners of the premises upon which the blasting is to take place, the Director of Public Works, the City and County of San Francisco, and the acts or omissions, operations or conduct of the officers, employees and agents of any of the foregoing, directly or indirectly related to the work authorized by the permit and the blasting operations conducted thereunder, irrespective of whether fault is the basis of liability, and irrespective of whether any act, omission or conduct of the Director of Public Works, the City and County of San Francisco, its officers, agents and employees, connected or unconnected with the permit, the work or blasting operations authorized thereunder, is a condition or cause, contributory or otherwise, of the accident, injury, death or damage. Provided further, that said policy or policies of insurance shall insure against liability irrespective of whether the act, omission, conduct or operations of the applicant, the contractor, or the owner of the premises upon which the blasting is to take place, is merely a condition rather than a cause of the accident, injury, death or damage.
The amount of the single limit policy shall be determined for each permit by the Director of Public Works.
Each policy shall contain a paragraph reading as follows:
"This policy is issued to comply, and it does comply, with the provisions of Section 778(b) of the San Francisco Municipal Code, Part II, Chapter X, Article 15. If any question shall hereafter arise concerning the risks intended to be insured against by this policy, said question shall be determined by reference to the language of said Section 778(b), which said provisions are hereby made part of this contract of insurance by reference thereto and incorporated herein as if fully set forth."
Each policy covering more than one insured shall contain the standard cross-liability provision.
The applicant shall file contemporaneously with execution of the permit, and thereafter shall maintain with the Department of Public Works, the policy or policies of insurance herein required, or duplicate originals thereof. Each said policy shall provide that no cancellation of or reduction in coverage shall become effective until at least 10 days after receipt by the Director of Public Works of written notice thereof sent registered mail, return receipt requested. If the life of the permit extends beyond the expiration date of any policy so filed, the renewal of such insurance shall be filed with the Department of Public Works at least 10 days before such expiration.
(c) Indemnification. The applicant shall take and assume all responsibility for the work and the blasting operations authorized by the permit. As between the applicant and the City and County of San Francisco, the applicant shall bear all losses and damages directly or indirectly resulting to the City or others on account of the character or performance of the work and the blasting operations authorized by the permit, unforeseen difficulties, accidents or any other causes whatsoever.
The applicant shall assume the defense of and indemnify and save harmless the Director of Public Works, the City and County of San Francisco, and its officers and employees, from all claims, loss, damage, liability and injury of every kind, nature or description, directly or indirectly resulting from the nature of the work or the blasting operations authorized by the permit or in any way arising out of the permit, the issuance thereof, or the work or blasting operations authorized thereunder, irrespective of whether fault is the basis of liability or claim, and irrespective of whether any act, omission or conduct of the Director of Public Works, the City and County of San Francisco, or its officers, agents and employees, connected with the permit, or the work or blasting operations authorized under the permit, is a condition of or cause, contributory or otherwise, of the claim, loss, damage, liability or injury. Provided further, that such indemnification shall be irrespective of whether the act, omission or conduct of the applicant is merely a condition, rather than a cause, of the claim, loss, damage, liability or injury.
(Amended by Ord. 150-61, App. 6/22/61; Ord. 401-87, App. 9/25/87)
In addition to the applicable requirements of the California Health and Safety Code, the Safety Orders issued by the Division of Industrial Safety, Department of Industrial Relations of California, or any other applicable State or City and County laws or regulations, the following regulations shall be complied with:
(a) Blasting operations shall be conducted only during the hours determined by the Department and specified on the permit.
(b) The type of explosive material to be used shall be approved by the Department and specified on the permit.
(c) Only electric blasting caps shall be used.
(d) When directed by the Department a protective mat shall be used to cover the explosive areas.
(e) The Department reserves the right to halt any blasting operation when, in the opinion of the Department representative, such operation is not under the supervision of a competent person having the abilities which qualify him to safely perform the work.
(Added by Ord. 150-61, App. 6/22/61)
All moneys paid for inspection services to the Department of Public Works under the provisions of Section 778 shall be deposited with the Treasurer to the credit of the appropriation for "Engineering Inspection."
(Added by Ord. 150-61, App. 6/22/61)
Every person, firm or corporation owning or having control of any premises fronting on any public street, and below the grade thereof, must, within five days after notice from the Director of Public Works, requiring the owner or person having control of such premises so to do, erect, without cost or expense to the City and County, a suitable barrier or barricade, upon the inner line of the sidewalk in front of such premises.
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