Chapter 8.56 — BLASTING

State Law reference— High explosives generally, Health and Safety Code § 12000 et seq.

This chapter shall be known as and may be referred to in all proceedings as the County Blasting Ordinance.

(Code 1997, § 8.56.010; Ord. No. 3681, § 1(part), 1986)

The ordinance from which this chapter is derived is enacted for the purpose of ensuring the mental and physical well-being and safety of the residents of the County with respect to keeping, storage, handling and use of explosives.

(Code 1997, § 8.56.020; Ord. No. 3681, § 1(part), 1986)

The definitions set forth in Health and Safety Code § 12000 (High Explosives - Definitions), as amended, shall be effective as definitions of the words, terms and phrases used in this chapter. All words, terms and phrases used herein, other than those specifically defined elsewhere in this chapter, shall have the respective meanings ascribed to them in Health and Safety Code § 12000, as amended, and shall have the same scope and effect that the same words, terms and phrases have where used in Health and Safety Code § 12000, as amended.

(Code 1997, § 8.56.030; Ord. No. 3681, § 1(part), 1986)

This chapter is not the exclusive regulation of the keeping, storage, handling, and use of explosives. It shall be in addition to any other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the County, State or any other legal entity or agency having jurisdiction, including, but not limited to, Health and Safety Code §§ 12000 to 12401, inclusive, and Title 19, California Administrative Code, Sections 1550 to 1584.5, inclusive.

(Code 1997, § 8.56.040; Ord. No. 3681, § 1(part), 1986)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the County Sheriff's office.

(Code 1997, § 8.56.050; Ord. No. 3681, § 1(part), 1986)

For the purposes of this chapter and applicable State statutes and administrative regulations, the County Sheriff and his or her authorized representatives shall be the issuing authority.

(Code 1997, § 8.56.060; Ord. No. 3681, § 1(part), 1986)

A.

Applications for permits pursuant to Health and Safety Code §§ 12101 and 12103 shall be made to the County Sheriff or to his or her authorized representatives.

B.

For the purpose of this chapter, State licensed blasters who perform blasting operations as independent contractors and who are issued permits for the use of explosives only shall be considered the employees of the person who engages the services of such blasters.

(Code 1997, § 8.56.070; Ord. No. 3681, § 1(part), 1986)

A.

Every permittee, or his or her agent, except as herein provided, shall within 24 hours, but not less than one hour, prior to the detonation, contact the County central dispatch center, in Placerville, giving the name of the caller, the permittee's county

permit number, and the location of the intended detonation. Central dispatch shall notify the fire district within which the detonation is to occur. Notification to the fire districts, by central dispatch, shall be made in a timely manner, allowing for their response to their intended detonation site if so required.

B.

A permittee blasting within the South Lake Tahoe basin shall notify the fire district within which the detonation is to occur, using the aforementioned time criteria.

C.

Permittees blasting within national forest lands, or underground blasting at a depth of 50 feet or more, are not required to make notification required by this section.

(Code 1997, § 8.56.080; Ord. No. 3797, § 2, 1987)

A.

Suspension and revocation upon notice.

A permit to sell, use, store, handle or possess explosives may be suspended or revoked by the Sheriff or his or her designated representative in any case where the person to whom the permit was issued sells, uses, stores, or handles the explosives in a manner which is unlawful or which creates an unreasonable hazard to life and property.

A permit may be suspended or revoked only after the permittee has been given written notice of the intended action. Such notice may be given by United States mail, postage prepaid and sent to the permittee at the address on the permit application or such address as the permittee designates as his or her mailing address from time to time. No later than 15 calendar days after the mailing of such notice, the Sheriff shall convene a hearing board to conduct a hearing on suspension or revocation unless continued to a later date by mutual agreement. The hearing board shall consist of the Sheriff or his or her designee and two disinterested persons.

After the hearing on the suspension or revocation, the hearing board may, in the exercise of its discretion, in lieu of suspension or revocation, add to the permit in question such additional conditions as, in the judgment of the hearing board, are necessary to ensure the public safety.

B.

Summary suspension of permit; nuisance.

Notwithstanding Subsection A of this section, in cases where a permittee has sold, used, stored, or handled explosives in a manner that has resulted in actual injury to property or person such conduct shall constitute a nuisance. The Sheriff or his or her authorized representative may summarily suspend the permit of such permittee. The Sheriff or his or her designated representative shall issue a cease and desist order which shall be served upon the permittee by personal service or certified United States mail, return receipt requested. Such notice shall specify that any and all permission to sell, use, store, or handle explosives pursuant to such permit is suspended forthwith pending a hearing before a hearing board to be convened by the Sheriff. Such hearing shall be held not later than five working days after service of notice upon the permittee unless continued to a later date by mutual agreement.

After the hearing on the summary suspension, the hearing board may revoke, continue the suspension, or may, in the exercise of its discretion, reinstate the permit and add any additional conditions as, in the judgment of the hearing board, are necessary to ensure the public safety.

C.

It is the intent of this section that the permit of a person to whom a permit to sell, store or handle explosives has been issued may be suspended pursuant to the terms of this section where that person allows, permits, or consents to the use of explosives by a person who does not possess a valid State blaster's license, or who does not possess a valid user's permit, or by a person whose user's permit would be subject to suspension or revocation under the terms of this section.

(Code 1997, § 8.56.090; Ord. No. 3681, § 1(part), 1986)

Any decision or action by the Sheriff or his or her designated representatives, except a summary suspension prior to hearing, made pursuant to this chapter may be appealed to the Board of Supervisors.

(Code 1997, § 8.56.100; Ord. No. 3681, § 1(part), 1986)

Any person who violates any of the provisions of this chapter shall be punished according to the general penalties described in Chapter 1.24.

(Code 1997, § 8.56.110; Ord. No. 3681, § 1(part), 1986)