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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-083This Ordinance was introduced by __rZ:i' zf_ CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE PRESCRIBING REGULATIONS FOR THE MANUFACTURE, USE, TRANSPORTATION, STORAGE AND SALE OF EXPLOSIVES IN THE CITY OF TAMARAC; DEFINING TERMS USED THEREIN; REQUIRING PERMITS OF MANUFAC- TURERS, DEALERS, USERS, AND BLASTERS; CONTAINING REGULATIONS RELATING TO APPLI- CATIONS FOR PERMITS, AND TO THE CONTENTS OF PERMITS; PROVIDING FOR APPEALS FROM DENIALS OF SUCH APPLICATIONS; PROVIDING FOR REVOCATIONS OF SAID PERMITS; PROVID- ING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1. PURPOSE AND SCOPE This ordinance is intended to supplement Chapter 552, Florida Statutes, and not to supersede or conflict with provisions thereof. The intent and purpose of this ordinance is hereby declared to provide more stringent regu- lations and control of explosives in the City of Tamarac, for the public safety, health and welfare, to prevent the possession and use of explosives by unauthorized persons, and to prevent uses of explosives injurious to public health, welfare and safety. The provisions of this ordinance shall apply in the City of Tamarac to the manufacture, possession, storage, sale, transportation and use of explosives. Permits required herein shall be applied for through the Building Department of the City of Tamarac. SECTION 2. EXCEPTIONS Nothing in this Ordinance shall be construed as applying to: (a) The Armed Forces of the United States; (b) Explosives in forms prescribed by the of- ficial United States Pharmacopeia; 1-1 11 (c) The possession, transportation and use of small arms ammunition or special industrial explosive devices. SECTION 3. DEFINITIONS For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory. (a) "Carrier": person who engages in the trans- portation of articles or materials by rail, highway, water or air. (b) "Explosives": any mixture, compound or material capable of producing an explosion, including but not limited to dynamite, nitroglycerin, trinitrotoluene, blasting caps and detonators, but not including cartridges for firearms, and not including fireworks. (c) "Person": any natural person, partnership, association, corporation, or legal entity, including farmers. (d) "Manufacturer -distributor": a person en- gaged in the manufacture or production and distribution of explosives to others for resale or use. (e) "Dealer": a person engaged in the wholesale or retail business of buying and selling explosives; pro- vided that should a manufacturer -distributor make sales to users and farmers, such manufacturer shall not be required to obtain also an additional license as a dealer. (f) "User": the person who, as an ultimate consumer of an explosive, purchases same from a dealer or manufacturer --distributor, or acquires the possession of any explosive by any other means. (g) "Blaster": a person employed by a user who detonates or otherwise effects the explosive or who is in immediate personal charge and supervision of one or more other persons engaged in such activity. 2 (h) "Highway": any public street, alley or road. (i) "Magazine": any building or structure ap- proved for the storage of explosives. (j) "Public conveyance": any railway car, cab, bus, airplane, or other vehicle transporting passengers for hire. (k) "Railway": any steam, electric or other railroad or railway which carries passengers for hire. (1) "Special industrial explosive device": any explosive power-pak containing an explosive charge in the form of a cartridge or construction device. The term in- cludes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cart- ridges for explosive -actuated power tools and charges of explosives used in jet tapping of open hearth furnaces and jet perforation of oil well casings. (m) "Special industrial high explosive material": sheets, extrusions, pellets and packages of high explosives, containing dynamite, trinitrotoluene, pentaerythritoltetranitrate, cylotrimethylenetrinitramine, or other similar compounds used for high energy -rate forming, expanding and shaping metal fabrication, and for dismemberment and quick reduction of scrap metal. (n) "Terminal": those facilities used by carriers for the receipt, transfer, temporary storage or delivery of articles or materials. (o) "Vehicle": a conveyance of any type operated upon the highways. (p) The term "sale" as used herein and in its various forms shall include delivery of an explosive with or without consideration. (q) The term "purchase" as used herein shall in- clude acquisition of any explosive by a person with or without consideration. 5. SECTION 4. PERMITS REQUIRED (a) A permit shall be required of manufacturers, dealers, users and blasters. It shall be unlawful for any person to acquire, possess, use, handle, dispose of, distribute, sell, store or manufacture any explosive anywhere within the limits of the City, without first obtaining a permit issued under and pursuant to the provisions of this Ordinance. The require- ments of this Ordinance shall not relieve any person from compliance with the provisions of Chapter 552, Florida Statutes, and all rules and regulations promulgated by the State Fire Marshall. (b) Permits required by Section 4 shall not be issued for: (1) Liquid nitroglycerin. (2) Nitrocellulose in a dry and uncompressed condition in quantity greater than ten pounds net weight in one package. (3) Fulminate of mercury in a dry condition and except as a component of manufactured article not hereinafter forbidden. (4) Explosive compositions that ignite spon- taneously or undergo marked decomposition, rendering the products or their use more hazardous, when sub- jected for forty-eight consecutive hours or less to a temperature of 1670F. (750C.). (5) New explosives until approved by the appropriate Federal Agency, except that permits may be issued to educational, governmental or industrial laboratories for instructional or research purposes. (6) Explosives condemned by the appropriate Federal Agency. C"f" (7) Explosives not packed or marked in ac- cordance with the requirements of the Interstate Commerce Commission. (8) Explosives containing an ammonium salt and a chlorate. SECTION 5. APPLICATION FOR PERMIT (a) All applications for permits required under this ordinance shall be filed with the Building Department of the City of Tamarac and shall set forth in detail the purpose for which the permit is sought in relation to ex- plosives. Such application shall be signed and sworn to by the applicant. The Building Department of the City of Tamarac shall prescribe the form of applications and furnish such application forms to applicants upon request. No permit shall be issued to any person under the age of eighteen (18) years, or who is addicted to the excessive use of alcohol, narcotics, drugs, stimulants, or depressants, or who is mentally incompetent, or who is a member of any subversive organization, or who has been convicted of a felony. Permits shall be issued only to persons of good moral character. Applicant must prove himself by written, or oral, examination to be thoroughly competent and familiar with explosives to be used and with the operation to be performed. The burden shall rest upon the applicant to establish his qualification for a permit. The permit issued hereunder shall show the purpose for which it is issued and the period of time for which it is valid. (b) The applicant will be provided with an identi- fication card which shall be filled out with full name and address of the applicant, his physical description, his fingerprints and photograph, employer and such other infor- mation as may be prescribed by the Building Department of the City of Tamarac. (c) The applicant shall carry with him at all times the above identification card and upon request, present �' it to an authorized agent of the Building.Department of the City of Tamarac, or a City of Tamarac police officer. SECTION 6. APPEALS FROM REFUSAL TO ISSUE PERMIT; PUBLIC HEARING; CHARACTER OF APPELLANT; WAIVER OF PRIOR CONVICTION (a) Any person who is denied or refused a permit by the Building Department of the City of Tamarac may appeal to the City Council of the City of Tamarac by filing a writ- ten petition of review setting forth the reasons why his application for a permit should have been granted; provided, however, that the City Council of the City of Tamarac shall have no jurisdiction to entertain any such appeal unless a written petition or request for review is filed with the Building Department of the City of Tamarac within thirty (30) days after the date upon which the applicant receives notice that his application for a permit has been denied or refused. When an appeal has been filed, the City Council of the City of Tamarac shall conduct a public hearing to determine whether the applicant qualifies for a permit. The City Council of the City of Tamarac shall not grant a permit unless it finds and determines that the applicant is qualified under the provisions of Section 5, subsection (a) . (b) The prohibition against issuance of a permit to any person who has been convicted of a felony may be waived by the City Council provided the applicant has re- habilitated himself completely. SECTION 7. VIOLATIONS OF STATE LAWS DEEMED VIOLATION OF THIS ORDINANCE; REVOCATION OF PERMIT Any person who violates any of the provisions of Chapter 552, Florida Statutes, or any of the regulations of the State Fire Marshall promulgated thereunder, shall be deemed to have violated the provisions of this Ordinance and may be prosecuted in accordance with law. Permits is- sued hereunder shall be revoked for any violation of this Ordinance or of the state law or of regulations of the State Fire Marshall. �t SECTION 8. GENERAL REQUIREMENTS (a) The manufacture of explosives or blasting agents shall be prohibited unless such manufacture is authorized by the Building Department of the City of Tamarac. This shall not apply to hand loading of small arms ammunition• (b) Stolen explosives, reporting. In the event that any explosive is stolen, misplaced, or lost► such oc- be reported immediately to the Building currence shall Department. The area in which the incident occurs shall be secured until investigation has been made and the scene released by proper authority• (c) Sale to person without permit. it shall be unlawful for any person to sell or otherwise dispose of any explosive to any other person who does not have a valid permit issued hereunder. SECTION 9. STORAGE OE EXPLOSIVES (a) Explosives, including special industrial high explosive materials shall be stored in magazines which meet the requirements of the Ordinance. This shall not be construed as applying to wholesale and retail stocks of small arms ammunition► explosive bolts, explosive riVets• for explosive -actuated power tools in quantities or cartridges involving less than 500 pounds of explosive material. (b) Storing explosives. Every person in posses- sion of any explosive shall cause the same to be stored in a safe place and shall maintain such security measures as shall be reasonably necessary to prevent all unauthorized persons from gaining access to such explosives. Any person who shall fail to use reasonable precautions for the security and safety of explosives in his possession shall be deemed guilty of violating this Ordinance, and subject to the penalties provided for herein, and in addition thereto, shall be subject to revocation of his permit. (c) Magazines. (1) Smoking, matches, open flames and spark m N producing devices shall be prohibited inside or within 50 feet of magazines. Combustible materials shall not be stored within 50 feet of magazines. (2) The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash and debris for a distance of at least 50 feet. (3) Magazines shall be kept locked except when being inspected or when explosives are being placed therein or being removed therefrom. (4) Magazines shall be kept clean, dry, and free of grit, paper, empty packages and rubbish. (5) Magazines shall not be provided with artificial heat or light, except that if artificial light is necessary, an approved electric safety flashlight or safety lantern shall be used. (6) Blasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same magazine with other explosives. (7) Magazines shall be of three types, namely: Class I, Class II, and Class III, and shall be con- structed in accordance with the I.M.E. recommenda- tion or equivalent as approved by the Building Department of the City of Tamarac. (8) Class I, Class II and Class III magazines shall be in conformity with the provisions of the American Table of Distances for Storage of Explosives, Table 9, as follows: TABLE 9 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES DISTANCE IN FEET EXPLOSIVES WHEN STORAGE IS BARRICADED From From From SeparaT on Pounds over Pounds Inhabited Passenger Public of Not over Buildings Railways Highways Magazines 2 5 70 30 30 6 5 10 90 35 35 8 10 20 110 45 45 10 20 30 125 50 50 11 �� TABLE 9 (Continued) AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES DISTANCE IN FEET EXPLOSIVES WHEN STORAGE IS BARRICADED From From From Separation Pounds over Pounds Inhabited Passenger Public of Not over Buildings Railways Highways Magazines 30 40 140 55 55 12 40 50 150 60 60 14 50 75 170 70 70 15 75 100 190 75 75 16 100 125 200 80 80 18 125 150 215 85 85 19 150 200 235 95 95 21 200 250 255 105 105 23 250 300 270 110 110 24 300 400 295 120 120 27 400 500 320 130 130 29 500 600 340 135 135 31 600 700 355 145 145 32 700 800 375 150 150 33 800 900 390 155 155 35 900 1,000 400 160 160 36 1,000 1,200 425 170 165 39 1,200 1,400 450 180 170 41 1,400 1,600 470 190 175 43 1,600 1,800 490 195 180 44 1,800 2,000 505 205 185 45 2,000 2,500 545 220 190 49 2,500 3,000 580 235 195 52 3,000 4,000 635 255 210 58 4,000 5,000 685 275 225 61 5,000 6,000 730 295 235 65 6,000 7,000 770 310 245 68 7,000 8,000 800 320 250 72 8,000 9,000 835 335 255 75 9,000 10,000 865 345 260 78 10,000 12,000 875 370 270 82 12,000 14,000 885 390 275 87 14,000 16,000 900 405 280 90 16,000 18,000 940 420 285 94 18,000 20,000 975 435 290 98 20,000 25,000 1,055 470 315 105 25,000 30,000 1,130 500 340 112 30,000 35,000 1,205 525 360 119 35,000 40,000 1,275 550 380 124 40,000 45,000 1,340 570 400 129 45,000 50,000 1,400 590 420 135 50,000 55,000 1,460 610 440 140 55,000 60,000 1,515 630 455 145 60,000 65,000 1,565 645 470 150 65,000 70,000 1,610 660 485 155 70,000 75,000 1,655 675 500 160 75,000 80,000 1,695 690 510 165 80,000 85,000 1,730 705 520 170 85,000 90,000 1,760 720 530 175 90,000 95,000 1,790 730 540 180 95,000 100,000 1,815 745 545 185 100,000 110,000 1,835 770 550 195 110,000 120,000 1,855 790 555 205 120,000 130,000 1,875 810 560 215 130,000 140,000 1,890 835 565 225 140,000 150,000 1,900 850 570 235 150,000 160,000 1,935 870 580 245 160,000 170,000 1,965 890 590 255 170,000 180,000 1,990 905 600 265 180,000 190,000 2,010 920 605 275 190,000 200,000 2,030 935 610 285 200,000 210,000 2,055 955 620 295 210,000 230,000 2,100 980 635 315 230,000 250,000 2,155 1,010 650 335 250,000 275,000 2,215 1,040 670 360 275,000 300,000 2,275 1,075 690 385 Note 1: All types of blasting caps in strengths through No. 8 shall be rated at 1-1/2 pounds of explosives per 1,000 caps. Note 2: "Barricaded" means that a building con- taining explosives is effectually screened from a magazine, building, railway, or highway, either by a natural barricade, or by an artificial barricade, of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine, or building, or to a point twelve feet above the center of a railway or high- way, will pass through such intervening natural or artificial barricade. Note 3: "Artificial barricade" means an artificial mound or revetted wall of earth of a minimum thickness of three feet. Note 4: "Natural barricade" means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves. Note 5: When a building containing explosives is not barricaded, the distances shown in Table 9 shall be doubled. Note 6: "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, school, railway station, store, or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives. Note 7: When two or more storage magazines are located on the same property, each magazine shall comply with minimum distances specified from inhabited buildings, railways, and highways, and in addition they shall be sepa- rated from each other by not less than the distances shown for "Separation of Magazines," except that the quantity of M explosives contained in cap magazines shall govern in re- gard to the spacing of said cap magazines from magazines containing other explosives. If any two or more magazines are separated from each other by less than the specified "Separation of Magazines" distances, then such two or more magazines, as a group, shall be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazines of the group, and shall comply with the distances specified from other magazines, inhabited buildings, railways, and highways. Note 8: This table applies only to the manufacture and permanent storage of commercial explosives. It is not applicable to transportation of explosives, or any handling incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives. (9) At the site of blasting operations, a distance of at least three hundred (300) feet shall be maintained between magazines and the blast area when the quantity of explosives temporarily kept therein is in excess of 50 pounds, and at least 50 feet when the quantity of explosives is 50 pounds, or less. (10) Property upon which Class I magazines are located shall be posted with signs reading "Explosives -- Keep Off." such signs shall be located so as to minimize the possibility of a bullet traveling in the direction of the magazine if anyone shoots at the sign. (11) Packages of explosives shall not be un- packed or repacked in a magazine nor within 50 feet of a magazine. (12) Magazines shall not be used for the storage of any commodity except explosives, but this restriction shall not apply to the storage of blasting agents, blasting supplies and oxidizers used in compounding blasting agents. (13) When an explosive has deteriorated to an extent that it is in an unstable or dangerous con- dition, or if nitroglycerin leaks from any explosive, then the person in possession of such explosive shall immediately report the fact to the Building Depart- ment of the City of Tamarac and upon their authoriz- ation shall proceed to destroy such explosives and magazines in accordance with the instruction of the manufacturer. Only experienced persons shall do the work of destroying explosives. SECTION 10. TRANSPORTATION OF EXPLOSIVES (a) Explosives shall not be transported on public conveyances. (b) Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and shall be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flameproof and moistureproof tarpaulin or other effective protection against moisture and sparks. Such vehicles shall have tight floors and exposed spark -producing metal on the inside of the body shall be covered with wood or other non - sparking material to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of open -body vehicles. (c) The attachment of any type of trailer combi- nation transporting explosives is prohibited. Explosives shall not be transported on any pole trailer. (d) Every vehicle when used for transporting explosives shall be equipped with not less than two approved fire extinguishers, suitable for use on flammable liquid fires, filled and ready for immediate use, and located near the driver's seat. (A, (e) It shall be the duty of the person to whom a permit has been issued to transport explosives over the streets and highways of the City of Tamarac to inspect monthly those vehicles employed by him to determine that: (1) Fire extinguishers are filled and in operating condition. (2) Electric wires are insulated and se- curely fastened. (3) The motor, chassis and body are reason- ably clean and free of excessive grease and oil. (4) The fuel tank and fuel line are securely fastened and are not leaking. (5) Brakes, lights, horn, windshield wipers and steering mechanism are functioning properly. (6) Tires are properly inflated and free of defects. (7) The vehicle is in proper condition for transporting explosives. (f) Spark producing metals or spark producing metal tools shall not be carried in the body of a vehicle transporting explosives. (g) Only those dangerous articles authorized to be loaded with explosives by the appropriate Federal agency regulations shall be carried in the body of a vehicle trans- porting explosives. (h) No person shall smoke, carry matches or any other flame -producing device, while in or near a vehicle transporting explosives° or drive, load or unload any such vehicle in a careless or reckless manner. (i) Vehicles transporting explosives shall be in the custody of drivers who are physically fit, careful, capable, reliable and who carry a valid, up-to-date chauffeur's license where applicable, not addicted to the use, or under the influence, of intoxicants or narcotics, and not less 91 than eighteen (18) years of age. They shall be familiar with state and County and City traffic regulations, and the provisions of this Ordinance governing the transportation of explosives. (j) Every vehicle transporting explosives shall be marked or placarded on both sides, front and rear, with the word "EXPLOSIVES" in letters not less than three inches high on a contrasting background. (k) Blasting caps, or electric blasting caps, shall not be transported over the highways of Tamarac on the same vehicle with other explosives, except by per- mission of the Building Department of the City of Tamarac. (1) Vehicles transporting explosives and traveling in the same direction shall not be driven within three hundred feet of each other. (m) Vehicles transporting explosives shall be routed to avoid congested traffic and densely populated areas. (n) Explosives shall not be transported through any completed vehicular tunnel or subway. (o) Vehicles transporting explosives shall not be left unattended at any time. (p) Unauthorized persons shall not ride on ve- hicles transporting explosives. (q) The fire and police departments shall be promptly notified when a vehicle transporting explosives is involved in an accident, breaks down, or catches fire. Only in the event of such an emergency shall the transfer of explosives from one vehicle to another vehicle be allowed on streets and highways within the City of Tamarac and only when qualified supervision is provided. Except in such an emergency, a vehicle transporting explosives shall not be parked before reaching its destination on highways within the City of Tamarac or adjacent to or in proximity to any t +. bridge, tunnel, dwelling, building or place where people work, congregate or assemble. (r) Delivery shall only be made to authorized persons and into approved magazines or approved temporary storage or handling areas. (s) Vehicles containing explosives shall not be taken into a garage, or repair shop, for repairs or storage. SECTION 11. USE AND HANDLING OF EXPLOSIVES (a) Blasting operations shall only be conducted during the hours of between 7:00 a.m. and 7:00 p.m. on weekdays, not including Saturdays and Sundays and legal holidays. (b) The handling and firing of explosives shall be performed by the person possessing a permit to use ex- plosives or by employees under his direct supervision who are at least eighteen (18) years old. (c) No person shall handle explosives while under the influence of intoxicants, or narcotics. (d) No person shall smoke or carry matches while handling explosives or while in the vicinity thereof. (e) No open flame light shall be used in the vicinity of explosives. (f) Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notice shall be con- firmed with written notice. In an emergency this time limit may be waived by the Building Department of the City of Tamarac. (g) Blasting operations shall be conducted in accordance with nationally recognized good practice. (h) Before a blast is fired, the person in charge (t> , shall make certain that all surplus explosives are in a safe place, all persons and vehicle are at a safe distance or under sufficient cover, and a loud warning signal has been sounded. (i) Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar transmitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity. These sources shall include: (1) The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm. (2) The posting of signs warning against the use of mobile radio transmitters on all roads within 350 feet of the blasting operations. (3) Compliance with nationally recognized good practice when blasting within 1-1/2 miles of broadcast of high power short wave radio transmitters. (j) When blasting is done in congested areas or in close proximity to a building, structure, railway, highway or any other installation that may be damaged, the blast shall be covered before firing, with a mat constructed so that it is capable of preventing rock from being thrown into the air. (k) Tools used for opening packages of explosives shall be constructed of non -sparking materials. (1) Empty boxes and paper and fibre packing ma- terials which have previously contained high explosives shall not be used again for any purpose, but shall be destroyed by burning at an approved isolated location out of doors, and no person shall be nearer than 100 feet after the burning has started. (m) Explosives shall not be abandoned. SECTION 12. EXPLOSIVES AND BLASTING AGENTS AT TERMINALS (a) Shipments of explosives or blasting agents delivered to carriers shall comply with Interstate Commerce Commission regulations. (b) Carriers shall immediately notify the Building Department of the City of Tamarac when explosives or blasting agents are received at terminals. (c) Carriers shall immediately notify consignees of the arrival of explosives or blasting agents and consignee shall remove them from the carrier's terminal within 48 hours, Sundays and holidays excluded, after being notified of their arrival. SECTION 13. BLASTING AGENTS, GENERAL REQUIREMENTS (a) Unless otherwise set forth in Sections 15 and 16, blasting agents shall be transported, stored, and used in the same manner as explosives. (b) When oxidizers are stored inside a building used for mixing or storage of blasting agents or outside such a building and within the magazine separation distance from it, the weight of the oxidizer shall be added to the weight of the blasting agent when calculating the total quantity of material involved for application of the American Table of Distances for Storage of Explosives, Table 9. gFrTTnM 1 A MTXTTTa PT.Aq(PTMr- A(,11rTTq (a) Buildings or other facilities used for mixing blasting agents shall be located away from inhabited build- ings, passenger railways and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives, Table 9. (b) Not more than one day's production of blasting agents or the limit determined by the American Table of Distances for Storage of Explosives, Table 9, whichever is less, shall be permitted in or near the building or other facility used for mixing blasting agents. Larger quantifies shall be stored in separate buildings or magazines. (c) Buildings or other facilities used for the I-T mixing of blasting agents shall be designed and constructed in accordance with nationally recognized good practice. (d) Compounding and mixing of recognized formu- lations of blasting agents shall be conducted in accordance with nationally recognized good practice. (e) Smoking or open flames shall not be permitted in or within 50 feet of any building or facility used for the mixing of blasting agents. (f) Empty oxidizer bags shall be disposed of daily by burning in a safe manner in the open at a safe distance from buildings or combustible materials. SECTION 15. STORAGE OF BLASTING AGENTS AND SUPPLIES (a) Blasting agents or oxidizers, when stored in conjunction with explosives, shall be stored in the man- ner set forth in Section 9 for explosives. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements. (b) Blasting agents stored separately from ex- plosives shall be stored in accordance with nationally recognized good practice. (c) Buildings used for the storage of blasting agents separate from explosives shall be located away from inhabited buildings, passenger railways and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives, Table 9. (d) The interior of buildings used for storage of blasting agents shall be kept clean and free from debris and empty containers. Spilled materials shall be cleaned up promptly and safely removed. Combustible materials, flam- mable liquids, corrosive acids, chlorates, nitrates other than ammonium nitrate or similar materials shall not be stored in any building containing blasting agents unless separated therefrom by construction having a fire -resistance rating of not less than one hour. The provisions of this KOM I L. section shall not prohibit the storage of blasting agents together with non -explosive blasting supplies. (e) Semitrailers or full trailers may be used for temporarily storing blasting agents, provided they are located away from inhabited buildings, passenger railways and public highways in accordance with the provisions of the American Table of Distances for Storage of Explosives, Table 9. Trailers shall be provided with substantial means of locking, and the trailer doors shall be kept locked ex- cept during the time of placement or removal of blasting agents. (f) Piles of oxidizers and buildings containing oxidizers shall be adequately separated from readily com- bustible fuels. (g) Caked oxidizers, either in bags or in bulk, shall not be loosened by blasting. SECTION 16. TRANSPORTATION OF BLASTING AGENTS When blasting agents are transported in the same vehicle with explosives. all of the requirements of Section 10 shall be complied with. SECTION 17. SECTION SUPPLEMENTAL TO STATE LAWS The intent and purpose of this Ordinance is hereby declared to provide more stringent regulations and control of explosives in the City of Tamarac, for the public safety, health and welfare, to prevent the possession and use of explosives by unauthorized persons, and to prevent uses of explosives injurious to the health, welfare, and safety of the public. SECTION 18. BLASTINr,PERMITS, RECORDS - USER'S BLASTING PERMIT REQUIRED (a) It shall be unlawful for any user through himself or a blaster, to blast, fire, detonate or use any explosive within the territorial limits of the City of Tamarac without first obtaining a user's blasting permit as hereinafter a provided by this Section; provided that in any event, it shall be unlawful for any person to blast, fire, detonate, or use any amount of explosives which would result in a particle velocity in excess of 1.92 taken at the nearest building or structure: (b) Particle velocity shall be calculated by the following formula: Particle velocity (V) = At where A = the amplitude in inches and t = time in seconds. Total peak particle is equal to the vector sum of the particle velocities in three mutually perpendicular planes of motion in the vertical and horizontal directions at any one instant of time. (c) The Chief Building Official of the City of Tamarac may, in his discretion, require the placing of a seismograph at any blasting location. Upon notice that the Chief Building Official has imposed this requirement, no further blasting shall take place until the permit holder has complied. Failure to comply shall be deemed a violation of this Ordinance. SECTION 19. BUILDING DEPARTMENT TO ISSUE BLASTING PERMITS (a) The Building Department of the City of Tamarac is hereby authorized to issue user's blasting permits only to users who hold a permit required and issued pursuant to Section 19 and Section 20 of this Ordinance and in addition that required by Florida law. (b) Such permits shall be issued only after: (1) Payment of a fee of $200.00; and (2) The filing of an application on a form prescribed by the Chief Building Official of the City of Tamarac signed and sworn to by the appli- cant showing the applicant's name, address, that he holds a valid state permit, and permit required by Section 19 and Section 20 of this Ordinance, the location or locations where the blasting is to be performed, that blasting at such location is authorized or permitted pursuant to county and city zoning regulations, the distance between the location of the proposed blasting and any improved property, and (3) Any other pertinent and reasonable in- formation deemed the Chief Building Official to be necessary for the issuance of such permit. SECTION 20. LIMITATIONS AND CONDITIONS (a) The Building Department of the City of Tamarac shall impose in each blasting permit issued by them such limitations and conditions as to: (1) Days and hours when blasting may be performed. (2) The period of time for which it is valid. (3) The amount and type of explosive which may be employed at any one time, whether fired or detonated instantaneously as a single charge or by a delay series charge, as may be deemed by them reasonable under the conditions existing in the locale for which the permit is issued. (b) In determining and imposing such reasonable conditions and limitations the Building Department of the City of Tamarac, with the assistance of the City Engineer, in order to prevent damage to property, injury to life or nuisance to the area concerned and to protect the public health, welfare and safety, shall be governed and guided by: (1) The formation and structure of the ground, and its particular susceptibility to transmitting vibrations caused by the proposed blasting. (2) The type of blasting to be performed. (c) The Building Department of the City of Tamarac is authorized from time to time to change, amend or modify the imposed conditions and limitations in order to meet the purpose for which they were imposed if changing con- ditions or circumstances so dictate after first considering the guides above enumerated and it is intended here that such Building Department of the City of Tamarac may impose more restrictive conditions and limitations if circumstances and conditions in the area concerned so warrant or prove to be necessary in order to carry out the purpose for which the conditions and limitations were imposed and in like manner if such conditions and limitations are found by such Building Department of the City of Tamarac to be too restric- tive, such Building Department of the City of Tamarac may modify them accordingly within the bounds of the purposes for which they were imposed; provided, however, the imposed limitations and conditions as to the amount of explosives permitted in any permit shall not be increased by such ' Building Department of the City of Tamarac until and unless the permittee shall first demonstrate to such Building Department of the City of Tamarac by due, recognized and proper proof that the desired increase would not in any event provoke or result in a particle velocity in excess of 1.92 as prescribed in Section 18 hereof. SECTION 21. BLASTING RECORDS (a) Any and all users of explosives shall keep daily records for a period of three years of all blasting performed on a form or forms prescribed by the Chief Building Official of the City of Tamarac, which shall be made avail- able at reasonable times and hours at a location approved by the Building Department of the City of Tamarac for in- spection by him or his inspectors and signed copies of such records shall be furnished to the Building Department of the City of Tamarac upon their request. (b) The minimum data to be shown on such record shall be: (1) Name and location of blasting site. (2) Date and time of firing. (3) Arrangements and spacing of charges. (4) The amount of explosive for each blast or delay series. (5) Delay interval. (6) Name of person in charge of loading and firing. (7) Blasting permit number, and signature and title of person making report. (8) Any instrument reading which may have been taken by or for the blasting permit holder or pursuant to his authority with complete and full details. SECTION 22. VIOLATION OF IMPOSED CONDITIONS AND LIMITATIONS In addition to the provisions of Section 9 of this Ordinance and any other penalty imposed by law on any user, any person who violates the conditions and limitations im- posed in a blasting permit or who fails to comply with Section 21 of this Ordinance shall be deemed to have violated this Ordinance and his blasting permit shall be revoked by the Building Department of the City of Tamarac immediately and hearing for reinstatement of permit shall be held within three (3) days by the Building Department of the City of Tamarac. SECTION 23. PENALTY Permits issued hereunder shall be revoked for any violation of this Ordinance or of the state law or regulations of the State Fire Marshall. Violations of this Ordinance shall be prosecuted and punished by a fine of not more than $500.00 for each violation. Each day a violation exists constitutes a separate offense. Violation of this Ordinance constitutes an offense separate from the provisions of Florida Statutes, Chapter 552. 1 I SECTION 24. LIABILITY By acceptance of a blasting permit issued pursuant to this Ordinance, the permit holder expressly agrees to be strictly liable for all damage resulting from blasting done under said permit. SECTION 25. SEVERABILITY If any portion of this Ordinance should be de- clared unconstitutional, or if the applicability of this Ordinance or any portion thereof to any person or circum- stance should be held invalid, the validity of the remainder of this Ordinance and the applicability of this Ordinance, or of such portion thereof, to other persons and circum- stances, shall not be affected thereby. SECTION 26_ EFFECTIVE DATE This Ordinance shall take effect immediately upon its final passage. PASSED FIRST READING THIS ve,DAY OF, PASSED SECOND READING THIS 2-L DAY OF PASSED THIRD READING THIS aL"- DAY OF , ATTEST: CIITY CLERK FIrI-, 'Y CERTIFY that I have ap rom� ay�� rectness 1 � � �Y CITY ATTORNEY COS "MCtL VOTE �.�iiyl3r SLItri- ,-i N/icy rl/t zyor Lange ,....� .Counciim cn Johnson (Ji!rll:,llPidr;"I S:ILIItZ Cli1;flJlman Sticker tq- 1973. 1973. 1973. �24