Berkeley Municipal Code Ch. 12.60 Blasting

*For business licenses generally, see Ch. 9.04 of this code.

For buildings and construction generally, see Title 19 of this code.

It is unlawful for any person, firm or corporation, without obtaining a permit from the Director of Inspection Services, to do any blasting within the corporate limits of the City or to explode or cause to be exploded any gunpowder, dynamite, nitroglycerine, giant powder, gun cotton or any other explosive for the purpose of blasting out rock, gravel, earth, trees, or any other substance or material. (Ord. 4089-NS § 1 (part), 1965; Ord. 1309-NS § 2, 1927)

Every person conducting or carrying on within the City any blasting operations under a permit from the Director of Inspection Services as set forth in Section 12.60.010 must secure from the license collector, before said permit shall become effective, a license as provided in the license ordinance of the City, and shall also procure from the Director of Inspection Services an additional permit for each and every separate blasting job, and pay for such additional permit the sum of one dollar. (Ord. 4089-NS § 1 (part), 1965; Ord. 2833-NS § 1 (part), 1947; Ord. 1309-NS § 1, 1927)

Upon each separate occasion that a person desires to do blasting, they shall make written application to the Director of Inspection Services for a permit, stating the time and place of such proposed blasting operations, the necessity and purpose thereof. If the Director of Inspection Services is satisfied as to the propriety and necessity of such blasting and the same can be safely done in the specified location, they shall issue a permit under such conditions as they may deem necessary for the protection of persons and property in the vicinity. If said person desires to continuously conduct blasting operations as one continuous project and in one specified location, said director of inspection services may grant a continuous permit. (Ord. 4089-NS § 1 (part), 1965; Ord. 2833-NS § 1 (part), 1947; Ord. 1309-NS § 5, 1927)

Any person, firm or corporation desiring to use explosives within the City for the purpose of blasting shall make a written application to the director of inspection services for a permit. Such application shall set forth the name, age and address of the applicant, and a statement of the previous experience of the person or persons who are in charge of such blasting operations and their qualifications to safely handle and use the explosives mentioned in Section 12.60.010. (Ord. 4089-NS § 1 (part), 1965; Ord. 1309-NS § 3 (part), 1927)

If the Director of Inspection Services is satisfied as to the experience and qualifications of the person or persons named by the applicant, they may issue a permit to said applicant after they have deposited with the Director of Inspection Services, a good and sufficient bond in the sum of not less than five thousand dollars and in an amount to be designated by said Director of Inspection Services in said permit, which bond shall run in favor of the City and shall inure to the benefit of the City and all persons who may suffer any damage, in person or property, from the blasting operations conducted by the licensee, and shall be conditioned to pay for all loss or damage to person or property caused or resulting from said blasting operations by the licensee. (Ord. 4089-NS § 1 (part), 1965; Ord. 1309-NS § 3 (part), 1927)

The bond required by Section 12.60.050 shall be approved by the City Attorney before filing with the Director of Inspection Services. If a recovery is had on said bond the said licensee shall immediately file a new bond in the same sum, and if they do not do so the said permit issued by the Director of Inspection Services shall be immediately ipso facto terminated and revoked. (Ord. 4089-NS § 1 (part), 1965; Ord. 1309-NS § 3 (part), 1927)

The bond mentioned in Sections 12.60.050 and 12.60.060 may be conditioned to cover blasting operations for a period of one year. (Ord. 2833-NS § 2 (part), 1947; Ord. 1309-NS § 3.2, 1927)

If, in the judgment of the Director of Inspection Services, said surety bond is insufficient for a particular blasting operation, specified in a particular permit, they may require the filing of a bond in an additional sum, conditioned as above, but limited to blasting operations in the locality specified in the permit. (Ord. 4089-NS § 1 (part), 1965; Ord. 2833-NS § 2 (part), 1947; Ord. 1309-NS § 3.1, 1927)

A. Any person desiring to use explosives within the City for the purpose of blasting may, in lieu of the surety bond hereinabove provided for in Sections 12.60.050 and 12.60.060, file with the Director of Inspection Services a liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of Section 12.60.100.

B. In lieu of filing the insurance policy herein referred to, a certificate of insurance issued by an insurance corporation or by an authorized surplus lines broker, may be filed. The certificate of insurance must show that a policy, meeting the requirements of Section 12.60.100, has been issued and shall set forth the expiration date of said policy.

C. Any liability insurance policy or certificate of insurance filed pursuant to this section shall be approved by the City Attorney. (Ord. 4089-NS § 1 (part), 1965; Ord. 2833-NS § 1 (part), 1947; Ord. 1309-NS § 4, 1927)

The liability policy required under Section 12.60.090 shall insure the person using explosives within the City against loss from the liability imposed upon such person by law for injury to, or death of any person, or damage to property growing out of the blasting operations of such person, to the amount or limit of fifty thousand dollars, exclusive of interest and costs, on account of injury to or death of any one person, and, subject to the same limit as respects injury to or death of one person of one hundred thousand dollars, exclusive of interest and costs, on account of any one blasting operation resulting in injury to or death of more than one person, and of ten thousand dollars for damage to property of others, resulting from any one blasting operation. (Ord. 4089-NS § 1 (part), 1965; Ord. 2833-NS § 2 (part), 1947; Ord. 1309-NS § 4.1, 1927)

It is unlawful for any person, firm or corporation to explode or cause to be exploded any blast without first covering the same in such a manner as to prevent fragments of rock, gravel, earth, trees or other substances or materials from being thrown against or upon lots or buildings, or upon any public highway. (Ord. 1309-NS § 6, 1927)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 1309-NS § 7, 1927)