Cathedral City Municipal Code Ch. 11.20 Explosives

No person, firm or corporation shall, within the city limits, blast or use any explosive for blasting purposes without first complying with the requirements in this chapter.

(Ord. 15 § 1, 1982)

The applicant shall secure a certificate of fitness from the chief of the fire department indicating that the person holding the certificate is capable of handling explosives.

(Ord. 15 § 1, 1982)

The chief of the fire department, as a condition precedent to the granting of the certificate, shall require an applicant to submit evidence establishing the applicant's knowledge of, and experience in, handling explosives.

(Ord. 15 § 1, 1982)

A certificate of fitness shall be valid during the fiscal year of the city during which it is issued unless sooner revoked by the chief or the fire department for cause.

(Ord. 15 § 1, 1982)

The fee for the certificate of fitness shall be in such amount as may be established by resolution of the city council, to defray the expense of investigation and processing.

(Ord. 15 § 1, 1982)

The applicant shall secure a blasting permit from the chief of the fire department.

(Ord. 15 § 1, 1982)

The permit shall set forth a description of the premises, the name of the person, firm or corporation to whom the permit is issued, and the hours between which the blasting will be done.

(Ord. 15 § 1, 1982)

The chief of the fire department must, before issuing the permit, satisfy himself that the blasting will in no way unnecessarily jeopardize or seriously menace the public peace, health or safety.

(Ord. 15 § 1, 1982)

One permit shall cover all blasting on one contiguous property under the same ownership.

(Ord. 15 § 1, 1982)

A permit shall be void unless used within ten days after issuance.

(Ord. 15 § 1, 1982)

The fee for a blasting permit shall be in such amount as may be established by resolution of the city council, to defray the expense of investigation and processing.

(Ord. 15 § 1, 1982)

The applicant shall file with the city clerk and the chief of the fire department, a public liability and property damage insurance policy naming the city as coinsured in the amount of one hundred thousand dollars for death or injury to one person, and three hundred thousand dollars for death or injury to more than one person on account of the operations of the person, firm or corporation to whom the blasting permit is issued, and a minimum of fifty thousand dollars for property damage or destruction of property in any one occurrence. These required amounts, however, may be increased by the chief of the fire department whenever he determines that by reason of the scope of the operations, or for any other reason, the possibility of hazard would render the foregoing minimum amounts inadequate to insure against the claims which might foreseeably be presented. Each such policy of insurance shall contain a provision or endorsement further holding the city, its officers, agents and employees free and harmless from any death, injuries, or damage occurring in connection with the acts done under the blasting permit. The policy of insurance shall further contain a provision or endorsement providing that the policy will not be cancelled until notice in writing has been given to the city, addressed in care of the city manager at the city administrative offices and received by the city manager at least ten days prior to the time the cancellation becomes effective.

(Ord. 15 § 1, 1982)

Insurance shall be in such form as the city attorney may deem proper, executed by an insurance company approved by the city attorney.

(Ord. 15 § 1, 1982)

A special endorsement in the amounts stipulated in this chapter shall be filed with the city clerk and the chief of the fire department in conjunction with the insurance policy.

(Ord. 15 § 1, 1982)

The prime means of conveyance for explosives shall be either covered by the policy or proof furnished that the same limit of liability has been assumed.

(Ord. 15 § 1, 1982)

If the chief of the fire department believes that the nature of the blasting job or the proximity of property owned by persons other than the owner of the property on which the blasting is to be performed, requires that the work be supervised by a representative of the city, then the applicant for a blasting permit shall deposit in advance with the city the cost of the supervision.

(Ord. 15 § 1, 1982)

Any portion of the deposit remaining after payment of the supervision shall be returned to the applicant.

(Ord. 15 § 1, 1982)

Supervision of the blasting by the city shall not relieve the person, firm or corporation performing the work of any liability established by this chapter or any other applicable law, nor shall the supervision make the chief of the fire department or any other city official or employee liable for any injury to person or damage to property caused by the blasting operation.

(Ord. 15 § 1, 1982)

Whenever any certificate of fitness or permit to blast, or to use explosives for blasting purposes, is issued in accordance with the provisions of this chapter, the certificate or permit may be revoked at any time by the chief of the fire department when it appears that any provision of this chapter relative to explosives has been violated by the person, firm or corporation holding the certificate or permit.

(Ord. 15 § 1, 1982)

In the event that the holder of a certificate of fitness feels aggrieved by reason of the revocation of his certificate, he may appeal to the city council from the decision of the chief of the fire department revoking his certificate; and the determination of the council shall be final and conclusive.

(Ord. 15 § 1, 1982)

Upon the taking of any such appeals to the council, unless an adjustment of the matter is made by the city manager satisfactory to the appellant, a time and place shall be set by the city clerk for hearing by the council of the appeals; and at such time evidence may be heard for and against the appeal in order that the council may determine the merits of the appeals.

(Ord. 15 § 1, 1982)