(a) Definitions.
(1) “Explosives” means any chemical compound, mixture or device, the primary, the purpose of which is to function by explosives; the term includes but is not limited to dynamite, initiating explosives, detonators, safety fuses, squids, detonating cord, ignition cord, ignitors, and fireworks, and any other explosive listed in the Federal Register.
The term “fireworks” shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times, nor shall the term “fireworks” include toy cannons which operate on the principle of mixing calcium carbide, weighing less than one tenth of a ounce, and water in the reservoir of the cannon and in which ignition results upon the creation of a spark.
(2) “Detonator” means any device containing a detonating charge that is used for initiating detonation in a explosive; the term includes electric blasting caps of instantaneous and delayed types, blasting caps for use with safety fuses and detonating cord delay connectors as well as detonating devices for fireworks.
(3) “Storage magazine” means all storage facilities, except portable outdoor facilities for temporary storage of high explosives while attended (day box) and low explosives smokeless powders storage facilities.
(4) The following are not included in the above definitions: smokeless powder, black powder, ammunition and components.
(Ord. 3239. Passed 12-17-01.)
(b) Manufacturing. All manufacture of explosives, blasting agents and detonators are prohibited within the Borough of White Oak.
(c) Storage and Storage Magazines. All storage of explosives, blasting agents and detonators and all storage magazines and other facilities used for the purpose of the storage of explosives, blasting agents and detonators are prohibited within the Borough of White Oak except as provided below.
(1) Storage of explosives within the Borough of White Oak shall be permitted only in those facilities located within the C-2 Zoning District, which shall comply with all of the following requirements:
A. The operators of said facility must acquire and produce all appropriate permits from federal and Pennsylvania government agencies.
B. The operators of said facility must acquire an annual storage permit for any explosives, blasting agents and detonators from the Borough Code Enforcement Officer for an annual fee of one thousand dollars ($1,000.00).
C. Only storage of Division 1.4 explosives or those explosives producing less of an explosion hazard or intensity risk shall be permitted. Storage of any explosives, blasting agents or detonators producing more of an intensity risk or explosion hazard than Division 1.4 explosives shall be prohibited in the Borough of White Oak.
D. The Code Enforcement Officer of the Borough of White Oak shall be permitted to inspect any facility acquiring a permit under this article at any time.
E. To acquire a permit pursuant to this article, the operator of the explosives storage facility must produce evidence of liability insurance naming the Borough of White Oak as an additional insured with a limit no less than two million dollars ($2,000,000).
(Ord. 3585. Passed 7-19-10.)
(d) Seizure of Explosives and Magazines. Any explosives, blasting agents, detonators and explosives facility found within the Borough of White Oak in violation of this Article are declared dangerous to the safety of the citizens of the Borough and shall be seized, removed or caused to be removed and destroyed by the proper Borough official or its designated representative, at the expense of the owner said explosive, blasting agents, detonator and explosive facility.
(e) Use of Explosives.
(1) Use of explosives, fireworks, blasting agents and detonators shall be controlled by the Borough of White Oak and a permit must be obtained for use of said explosive, fireworks, blasting agent and detonator by the Borough Code Officer before usage. Applications for Permits must be made in writing at least fifteen days prior to use.
(2) The permit fee shall be one hundred fifty dollars ($150.00) per permit.
(3) No permit issued hereunder shall be transferable.
(4) A Permittee shall be required to have Fire, Police and EMS Personnel on site and all costs associated with the staffing of equipment/personnel to be borne solely by the Permittee.
(5) The Permittee shall be required to pay for all costs of clean-up of the area permitted.
(6) The Municipal Code Officer of the Borough of White Oak must approve the site location as part of the permit process.
(7) All Permittee’s must provide documentation of insurance coverage, as established by the Borough, and must supply to the Municipal Code Officer and required state, federal and/or local licensing/registering of any required personnel to be used in the explosive, blasting agent and/or detonator circumstance.
(Ord. 3239. Passed 12-17-01.)
(f) Penalty. Any person who shall violate any provision of this Section shall, upon conviction thereof, be sentenced to pay a fine of one thousand dollars ($1,000) and in default of payment, to imprisonment for a term not to exceed thirty days.
(Ord. 3452. Passed 11-20-06.)