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HomeMy Public PortalAbout1994_07_12_O026The Town of Leesburg, Virg' ' lnla ORDINANCE NO. AN ORDINANCE: PRESENTED July 12, 1994 94-0-26 ADOPTED July 12. 1994 AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE TO REVISE THE PROCESS FOR APPLYING FOR A PERMIT TO USE EXPLOSIVES WITHIN TOWN LIMITS, TO LIMIT THE LIFE OF A PERMIT TO SIX MONTHS, TO INCREASE THE MINIMUM GENERAL LIABILITY INSURANCE REQUIREMENT TO $1,000,000.00, AND TO REQUIRE NOTIFICATION TO THE TOWN AND OCCUPANTS OF BUILDINGS IN PROXIMITY TO THE BLAST SITE PRIOR TO BLASTING WHEREAS, the Town of Leesburg desires to improve the process for applying for a permit to use explosives to increase the awareness of the permittee to the potential for damage to buildings and infrastructure in proximity to the proposed blast site; and WHEREAS, the town desires to limit the life of a permit to use explosives to six months to provide for a more frequent review of blasting activities on a work site; and WHEREAS, the town desires to increase to $1,000,000.00 the minimum general liability coverage a permittee must maintain to provide more adequate protection to those whose improvements may be damaged by blasting activities; and WHEREAS, the town desires to require that the permittee notify the town 24 hours prior to blasting, to provide town staff with information with which to answer citizen inquiries and to alert town inspection personnel; and WHEREAS, the town desires to require that the permittee notify the occupants of buildings in proximity of the blast site to allow them to take any special precautions that may be necessary and to improve public relations. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as. follows: SECTION I. Section 7-96. Application of and exceptions from article. This article shah apply to the manufacture, possession, storage, sale, transportation and use of explosives, blasting agents, pyrotechnics, and ammunition, except that nothing in this article shah be constructed as applying to: AN ORDINANCE: -2- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (1) The Armed Forces of the United States or the State Militia. (2) Explosives in forms prescribed by the official United States Pharmacopeia. (3) The sale or use of fireworks. (4) The possession, transportation and use of small arms ammunition or special industrial explosive devices for personal use. (5) The possession, storage, transportation and use of not more than 25 pounds of smokeless propellant and 10,000 small arms primers for hand loading of small ammunition for personal use. (6) The manufacture, possession, storage and use of not more than 15 pounds of explosives or blasting agents, exclusive of smokeless propellants in educational, governmental or industrial laboratories for instruction or research purposes, when under the direct supervision of experienced, competent persons. (7) The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secrete Service or police and fire departments acting in their official capacity. SECTION II. Section 7.97. Definitions. As used in this article, the following words and phrases shall have the meanings ascribed in them in this section: Blasting agent shah mean any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product, as mixed and packages for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined. Water gels complying with Section 7-116(b) shall be classified as blasting agents. Materials or mixtures classified as nitro carbo nitrates by DOT Regulations shall be included in this definition. Explosive shah mean any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term "explosive" includes all materials classified as Class A, Class B or Class C explosives by DOT Regulations, and includes, but is not limited to, dynamite, black powder, pellet powers, initiating explosives, blasting caps, electric blasting caps, safety use, fuse igniters, fuse lighters, squibs, AN ORDINANCE: -3- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE cordeau detonant fuse, instantaneous fuse, igniter cord and igniters, small arms ammunition, small arms ammunition primers, smokeless propellant, cartridges for propellant-actuated power devices and cartridges for industrial guns, pyrotechnics and water gels complying with Section 7-116(b). Explosive material shall mean any quantity of Class A, Class B or Class C explosives and any other chemical compounds or mixtures thereof used as the propelling or exploding material in any cartridge or other explosive device. Pyrotechnic shah mean ny special fireworks which are manufactured and designed primarily for producing visible and audible pyrotechnic effects by a combustible explosion, and which are of such composition so as to be included under Class B explosives, as defined by the DOT Regulatic,ns. Small arms ammunition shall mean any shotgun, rifle, pistol or revolver cartridge and cartridges for propellant-actuated power devices and industrial guns. Test blasting cap No. 8 shall mean one containing two grams of a mixture of 80 percent mercury fulminant and 20 percent potassium chlorate, or a cap of equivalent strength. SECTION III. Section 7-98. Permit required to use, manufacture, store, sell, etc. Permits shall be obtained: (1) To manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents or small arms ammunition. (2) To transport explosives or blasting agents. (3) To use explosives or blasting agents. Before any commercial blasting may be performed within town limits, any person or organization intending to perform such work shall apply for and shall receive a permit to do so from the Office of the Fire Marshal. Each application for such a permit shah be accompanied by a Blasting Advisory Notice which shah be obtained from the town's Department of Engineering and Public Works. (c) A permit shall be required for each project. The permit shall specify the type of blasting and any special conditions imposed by the Fire Marshal. AN ORDINANCE: -4- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (4) (5) (6) (e) The permit shall expire six months from the date of issue. To operate a terminal for handling explosives or blasting agents. To deliver to or receive explosives or blasting agents for a carrier at a terminal between the hours of sunset and sunrise. To transport blasting caps or electric blasting caps on the same vehicle with explosives. SECTION IV. Section 7-99. Eeed er '.'e:'_'rzece Insurance required for commercial blasting. Before a permit to do commercial blasting shall be issued, the applicant for such permit shall file with the fire marshal's office 2 heed er evidence of a current general liability insurance policy, with aminimum ...................................... x .... , ....../ ....... J :~1_1.~, ............ ........ ~ ......... ~_.one ~on do~ars ($1~000~000) ~mbined single ~t, inclu~ng b~anket blasting~ ~apse~ and under~ound damage. SE~ION V. Section 7-100. ~proval for manufacture. ~e manufacture of any e~losives, blasting agents, inclu~ng sma~ ar~ ammunition, and p~ot~hni~, sha~ be prohibited, unless such manufacture is autho~zed by the F~e Marshal. ~is sha~ not app~ to hand loa~g of small a~s a~unition prepared for personal use, when not for resale. SE~ION VI. Section 7-101. General ~tation on quanti~. ~e Fire Marshal may ~t the quanti~ of explosives, blasting agents or a~unition to be pe~tted at any location. SE~ION VII. Section 7-102. Sale or di~lay on streets, sideways, etc., prohibited. No persons shah se~ or di~lay e~losives or blasting agents on streets, sideways, pubic proper~ or in places of pubic assembly. AN ORDINANCE: -5- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE SECTION VIII. Section 7-103. Deliveries to carders. Shipments of explosives or blasting agents delivered to carriers shall comply with DOT Regulations, 1970 edition. Carriers shall immediately notify the Fire Marshal when explosives or blasting agents are received at terminals. SECTION IX. Section 7-104. Regulation of location and quantity at terminals. The Fire Marshal may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, reloaded or temporarily retained at each terminal where such operations are permitted. SECTION X. Section 7-105. Magazines for storage of explosives - generally. (a) Explosives, including special industrial explosive materials and any newly developed and unclassified explosive, shall be stored in magazineswhich comply with this section. This shall not be construed as applying to explosive-actuated power devices, when employed in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material. (b) Class I magazines shall be used for the storage of explosives when quantities are in excess of 50 pounds of explosive material. (c) Class I or Class II magazines shall be used for the storage of explosives in quantities of 50 pounds or less of explosive material, except that a Class II magazine may be used for temporary storage of a larger quantity of explosives at the site of blasting operations where such amount constitutes not more than one day's supply for use in current operations. (d) Class I and Class II magazines shall be located away from inhabited buildings, public highways and other magazines in accordance with the American Table of Distances for the Storage of Explosives, 1955 edition, except as provided in Subsection (e) of this section. (e) (f) The Fire Marshal may authorize the storage of up to 50 pounds of explosives and 5,000 blasting caps in wholesale and retail hardware stores or other approved establishments. Explosives and blasting caps shall be stored in separate Class II magazines at approved locations, with the magazines located on a floor which has an exit at outside grade level. A distance of 10' shall be maintained between the magazines. Their location shall not be changed without approval of the Fire Marshal. At the site of blasting operations, a distance of at least 150' shall be maintained between Class II magazines and the blast area, when the quantity of explosives temporarily kept therein is in excess of 25 pounds, and at least 50', when the quantity of explosives is 25 pounds or less. AN ORDINANCE: ~6- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (g) Class II magazines shall be painted red and shall bear lettering in white, on all sides and the top, at least 3" high, "Explosives - Keep Fire Away". (h) Magazines shall be in the custody of a competent person at all times. Such person shall be at least 21 years of age and shall be held responsible for compliance with all safety precautions. (i) The land surrounding magazines shall be kept dear of brush, dried grass, leaves, trash and debris for a distance of at least 25'. (j) Magazines shall be kept locked except when being inspected or when expk~sives are being placed therein or being removed therefrom. (k) Magazines shall be kept dean, dry and free of grit, paper, empty packages and rubbish. (1) Magazines shall not be provided with artifidal heat or light, except that, if artifidal light is necessary, an approved electric safety flashlight or safety lantern shall be used. (m) Magazines for the storage of explosives shall be weather resistant and properly ventilated, and when used for storage of Class A explosives, other than black powder, bh,sting caps and electric blasting caps, shall also be bullet resistant. (n) Property upon when Class I magazines are located shall be posted witl~t 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 magazines if anyone shoots at the sign. Section XI. Section 7-106. Same Records of explosives received and removed. (a) Daily records shall be kept as to the amount of explosives received and delivered to a magazine. (b) Daily records shall be kept as to explosives removed from a magazine for use and explosives returned to the magazine. SECTION XII. Section 7-108. Same repairs. When magazines need inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire, the explosives shall be removed from the magazine. Explosives removed from the magazine under repair shall either be placed in another magazine under repair or shall either be placed a safe distance from the magazine where they shall be properly guarded and protected until repairs have been completed, when they shall be returned to the magazine. SECTION XIII. Section 7-109. Transportation of explosives - generally. (a) Explosives shall not be transported on public conveyances. AN ORDINANCE: -7- AMENDING CHAFFER 7 OF THE LEESBURG TOWN CODE Co) (c) (d) (e) (0 (h) (i) O) Vehicles used for transportation explosives shah be strong enough to carry the load without difficulty and shah be in good mechanical condition. If vehicles do not haw; a closed body, the body shall be covered with a flameproof and moistureproof tarpaulin or other effective protection against moisture and sparks. Such vehicles hall have tight floors. Exposed spark- producing metal on the inside of the body shah be covered with wood or other non-sparking material to prevent contact with packages of explosives. Packages of explosives shah not be loaded above the sides of open-body vehicles. Explosives may be loaded into and transported in a truck, truck with~emi-tailer, truck with full trailer, truck tractor with semi-trailer, or truck tractor with semi-trailer and full trailer. Explosives shall not be transported on any pole trailer. Each motor vehicle transporting explosives shah be provided with at least one ten pound dry powder, portable tire extingnisher or, when more than one is provided, each extinguisher shall be at least a five pound dry powder. Only those dangerous articles authorized to be loaded with explosives by DOT regulations shall be carded in the body of a vehicle transporting explosives. Every vehicle transporting explosives shah be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than 3" high on a contracting background. Blasting caps or electric blasting caps shah not be transported over the highways of the municipality on the same vehicle with other explosives. Vehicles transporting explosives and traveling in the same direction shall not be driven within 300' of each other. Vehicles transporting explosives shah avoid congested traffic and densely populated areas. Designated routes shah be followed. It shah be the duty of the person to whom a permit has been issued to transport explosives over the highways of the municipality to inspect daily those vehicles empk~yed by him to determine that: (1) Fire extinguishers are filled and in operating condition. (2) Electric wires are insulated and securely fastened. (3) The motor, chassis and body are reasonably clean and free of excessive grease and oil. (4) (5) The fuel tank and fuel line are securely fastened and are not leaking. Brakes, lights, horn, windshield wipers and steering mechanism are functioning properly. (6) Tires are properly inflated and free of defects. AN ORDINANCE: -8- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (k) Spark producing metals or spark producing metal tools shall not be carried in the body of a vehicle transporting explosives. (1) No person shah smoke, carry matches or any other flame-producing device, or carry any firearms or loaded cartridges while in or near a vehicle transporting explosives, or drive, load or unload any such vehicle in a careless or reckless manner. (m) Vehicles transporting explosives shah be in the custody of drivers who are physically fit, careful, capable, reliable, able to read and write the English language, not addicted to the use or under the influence of intoxicants or narcotics, and not less than 21 years of age. They shah be familiar with state and municipal traffic regulations, and the provisions of this article governing the transportation of explosives. (n) Vehicles transporting explosives shah not be left unattended at any time. (o) Unauthorized persons shah not ride on vehicles transporting explosives. (p) Delivery shah only be made to authorized persons and into approved magazines or approved temporary storage or handling areas. (q) Vehicles containing explosives shah not be taken into a garage or repair shop for repairs or storage. SECTION XIV. Section 7-110. Same - Notice when vehicle is in accident, breaks down or catches fire; transfer from one vehicle to another; parking of vehicle. The fire and police departments shah 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 highways and only when qualified supervision is provided. Except in such an emergency, a vehicle transporting explosives shah not be parked before reaching its destination or adjacent to or in proximity to any bridge, tunnel, dwelling, building or place where people work, congregate or assemble. SECTION XV. Section 7-111. Use and handling of explosives. (a) Blasting operations shah be conducted during daylight hours except when authorized at other times by the Fire Marshal. AN ORDINANCE: -9- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (h) 6-) m Whenever blasting is to be performed, the permittee shah notify the iDepartment of Engineering and Public Works 24 hours prior to blasting. Such notice shah include the date and scheduled time blasting will occur, and the duration of blasting activities. Whenever blasting is being cend'_'c~_ed to be performed within 100' of gas, electric, water, sanitary sewer, storm sewer, fire alarm, telephone, telegraph or steam utilities, the blaster shah notify the appropriate representatives of such utilities at least 48 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notice shah be confirmed with written notice. In an emergent, this time limit may be waived by the Fire Marshal. Whenever blasting is to be performed, the permittee shah notify, by written notice, 24 hours prior to blasting, the occupants of aH buildings which are located within the greater distance of: (1) 300' of the blast site, or (2) the distance at which buildings may be at risk to damage as determined by data published by the American Insurance Services Group, Inc., or the Virginia Statewide Fire Prevention Code, as amended, whichever shah contain the more restrictive language. Due precaution shah be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar transmitter, lightning, adjacent power lines, dust storm or other sources of extraneous electricity. Handling and firing of explosives shah be performed by the person possessing a permit to use and handle such explosives. All such persons must be at least 21 year of age and able to ready, write and speak the English language. No person shall handle, transport or otherwise move explosives while under the influence of intoxicants or narcotics. No person shah smoke, carry matches, carry spark producing tools or equipment, while handling, transporting or moving explosives. No open flame lights shah be used within 50' of any explosives. When blasting is done in congested areas or in close proximity to a building, structure, highway or any other installation that may be damaged, the blast shah be covered, before firing, with a mat constructed so that it is capable of preventing rock from being thrown into the air. Tools used for opening packages of explosives shah be constructed of nonsparking materials. Empty boxes and paper and fiber packing materials which have previously .contained high explosives shah not be used again for any purpose, but shah be destroyed by burning at an approved isolated location out of doors, and no person shah be nearer than 100' after the burning has started. (-k-) (m) Explosives shah not be abandoned. AN ORDINANCE: -10- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE SECTION XVI. Section 7-112. Storage of blasting agents and supplies generally. (1) Blasting agents or ammonium nitrate, when stored in conjunction with explosives, shall be stored in the manner set forth in the table set out in Section 7-105(d). The mass of blasting agents and one-half the mass of ammonium nitrate shah be included when computing the total quantity of explosives for determining distance requirements. (2) Buildings used for the storage of blasting agents separate from explosives ,,;hah be located away from inhabited buildings, passenger railways and public highways, in accordance with the table set out in Section 7-105(d). (3) Semi-trailersor full trailers may be used for temporarily storing blasting agents, provided they are located away from inhabited buildings and public highways in accordance with the table set out in Section 7-105(d). Trailers shall be provided with substantial means for locking and the trailer doors shah be kept locked except during the time of placement or removal of blasting agents. (4) The interior of buildings or temporary storage facilities used for the storage of' blasting agents shall be kept clean and free from debris and empty containers. Spffied materials shall be cleaned and promptly and safely removed. Combustible materials, flanmaable liquids, corrosive, acids, chlorates, nitrates other than ammonium nitrate, or similar materials shah not be stored in any buildings containing blasting agents, unless separated therefrom construction having a fire-resistancerating of not less than one hour. The provisions of this section shall not prohibit the storage of blasting agents together with nonexplosive blasting supplies. SECTION XVII. Section 7-113. Storage of explosives and blasting agents prohibited in certain limits; exceptions. The storage of explosives and blasting agents is prohibited within the limits established by law, except for temporary storage for use in connection with approved blasting operations; provided, however, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, fuse lighters, fuse igniters and safety fuses (not including cordeau detonant fuses) in quantities invoMng less than :500 pounds of explosive material, nor shah it apply to explosive-actuated power devices, when employed/in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material. SECTION XVIII. Section 7-114. Transportation of blasting agents. (a) When blasting agents are transported in the same vehicle with explosives, Section 7-109 shall apply. Co) Every vehicle transporting blasting agents shah be marked or placarded on both sides, front and rear, with the word "Dangerous" and also the words "Blasting Agents", in letters not less than 3" high on a contracting background. AN ORDINANCE: -Il- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE (c) No person shall be permitted to ride upon, drive, load or unload a vehicle containing blasting agents while smoking or under the influence of intoxicants or narcotics. SECTION XIX. Section %115. Mixing blasting agents. Buildings or other facilities used for mixing blasting agents shall be located away from inhabited buildings and public highways in accordance with the table set out in Section 7-105(d). SECTION XX. Section 7-116. Water gel (slurry) explosives and blasting agents. (a) Water gels shall be transported, stored and used in the same manner as explosives or blasting agents in accordance with the classification of the product. (b) Water gels containing an explosive shall be classified as an explosive. Water gels containing no explosive and which are cap-sensitive shall be classified as an explosive. Water gels containing no explosive and which are not cap-sensitive shall be classified as 'blasting agents. SECTION XXI. Section 7-117. Ammunition, primers and propellants. (a) Ammunition, primers and propellants shall be separated from flammable liquids, hazardous materials not classified as an explosive and oxidizing materials by a wall having a fire resistance rating of one hour. (b) Not more than 20 pounds of smokeless propellants, in containers of one-pound maximum capacity, and not more than 10,000 small arms ammunition primers shah be displayed in wholesale and retail hardware stores or other approved establishments. SECTION XXII. Section 7-118. Notice of theft or shortage of explosives. The Fire Marshal's office shall be notified immediately, by telephone, of the theft of, or any unexplained shortages of, any explosives. Such verbal notification shall be followed by a letter, within 24 hours, giving a detailed list of items missing, including: Brand; Grade; Type; Amounts; and an explanation relating to the missing articles. SECTION XXIII. Section 7-199. Deteriorated explosives. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or if nitroglycerin leaks from any explosive, the person in possession of such explosive shah immediately report the fact to the Fire Marshal and, upon the Fire Marshal's authorization, shah proceed to destroy such explosives and clean floors stained with nitroglycerin in accordance with the instructions of the manufacturer. Only experienced persons shah do the work of destroying explosives. AN ORDINANCE: -12- AMENDING CHAPTER 7 OF THE LEESBURG TOWN CODE SECTION XXIV. Section 7-120-7.129. Reserved. SECTION XXV. This ordinance shall be effective September 1, 1994. PASSED this 12th day of ~uly, 1994. ATTEST: Cl~.rk of Council o:blasting s E. Clem, Mayor Town of Leesburg