HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-083This Ordinance was introduced
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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;
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(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.
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(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.
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(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
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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.
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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
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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
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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