Burbank Municipal Code Art. 4 Blasting

Every person engaging in, or performing any act of, blasting shall qualify as provided in this article and shall pay a license fee of ten dollars ($10.00) per year. [Formerly numbered Section 13-57; renumbered by Ord. No. 3058, eff. 2/21/87.]

Applicants for a blasting license shall be at least twenty one (21) years of age, shall be of temperate habits, shall have letters of recommendation from at least one employer (if previously employed), shall be familiar with the laws and regulations governing the transportation, storage, and use of explosives, and shall be familiar with the risks incident to blasting and capable of taking all necessary precautions with regard thereto. [Formerly numbered Section 13-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

Applications for a blasting license shall be referred to the Public Works Director for approval. Applicants for such license shall appear before the Public Works Director in person and shall be examined as to qualifications, character and fitness to perform the work of blasting. The Public Works Director shall, in the exercise of a sound and reasonable discretion, approve or disapprove the application. [Formerly numbered Section 13-59; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every applicant shall file a surety bond with the City in the sum of one thousand dollars ($1,000.00) conditioned that in the event any damage to persons or property shall be caused by reason of the acts of such applicant, the person injured by reason of such acts may recover thereon. [Formerly numbered Section 13-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall blast or use any explosives for blasting purposes without first obtaining a permit so to do from the Public Works Director. Permits for blasting shall be issued only to licensees under this article. [Formerly numbered Section 13-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

In addition to the information required by Section 3-6-202 of this code, applications for a blasting permit shall contain a description of the premises wherein or whereon the blasting is to be done, and the permit, when issued, shall include such description, together with the hours between which blasting is to be permitted. [Formerly numbered Section 13-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

Applicants for such permit shall pay a minimum permit fee of two dollars ($2.00) and, in addition thereto, shall deposit with the City such sum as the Public Works Director may deem necessary for the payment of probable costs of inspection and supervision in connection therewith. The Public Works Director shall keep a record of such costs and, at the expiration of the permit, shall deduct the amount thereof from the monies on deposit, refunding the balance, if any, to the permittee. In the event the deposit shall not be sufficient to cover all of the costs incurred by the City, the permittee shall, upon demand by the Public Works Director, pay to the City such additional sum as shall be necessary to fully compensate the City for such costs. [Formerly numbered Section 13-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

Before issuing a permit hereunder, the Public Works Director shall satisfy themselves that the granting of such permit will in no way jeopardize or seriously menace the public peace, health or safety, and for this purpose, may consider any facts bearing on the location where the blasting is proposed to be done, the experience of the applicant, and any other facts tending to enlighten the Public Works Director in said respect. The Public Works Director’s determination as to whether or not the permit shall be granted shall be final and conclusive. [Formerly numbered Section 13-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

The revocation of any license or permit issued under this article shall not prevent a recovery upon the bond for any damages or injuries sustained prior thereto. [Formerly numbered Section 13-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

1 State law reference: As to requirement of notice of intent to excavate to adjoining owners, see C.C. § 832.

2 State law reference: As to degree of care required in excavating and lateral and subjacent support, see C.C. § 832.

3 State law reference: As to abandonment of excavations, see Gov.C. §§ 50230-50256, Health & S.C. §§ 24400-24403.

4 State law reference: As to digging on land of third parties, see Pen.C. § 602.