Chapter 53 — COMPRESSED GASES

Section 5307. Compressed Gases Not Otherwise Regulated - Amend Section 5307 as follows:

Add: 5307.4.8 Existing facilities. An existing carbon dioxide enrichment system shall be installed in accordance with Section 5307.4 within a timeframe established by the adopting authority.

CHAPTER 56 - EXPLOSIVES AND FIREWORKS

Section 5601. General - Amend Section 5601 as follows:

Amend: 5601.1 Scope. The provisions of this Chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices and small arms ammunition. Please also refer to Oakland Municipal Code Chapter 8.06.

Exceptions:

(a)

The Armed Forces of the United States, Coast Guard or National Guard.

(b)

Explosives in forms prescribed by the official United States Pharmacopoeia.

(c)

The possession, storage and use of small arms ammunition when packaged in accordance with DOT packaging requirements.

(d)

The possession, storage and use of not more than 1 pound (0.454kg) of commercially manufactured sporting black powder, 20 pounds (9 kg) of smokeless powder and 10,000 small arms primers for hand loading of small arms ammunition for personal consumption.

(e)

The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities.

(f)

Special industrial explosive devices which in the aggregate contain less than 50 pounds (23 kg) of explosive materials.

(g)

The possession, storage and use of blank industrial-power load cartridges when packaged in accordance with DOT packaging regulations.

(h)

Transportation in accordance with DOT 49 CFR Parts 100-185.

(i)

Items preempted by federal regulations.

(j)

Items preempted by state law and/or local regulations.

Add: 5601.1.1.1 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited.

Exceptions:

(a)

Possession, storage, handling and use of explosives for test and research purposes are allowed with permit and approval of the Fire Code Official.

(b)

Possession, storage, handling and use of squibs, explosive nuts or bolts and similar small quantity explosive devices are allowed with permit and approval of the Fire Code Official.

Amend: 5601.1.3 Fireworks. As specified in Chapter 8.06 of the Oakland Municipal Code, the possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

Exceptions:

(a)

Storage and handling of fireworks as allowed in Section 5604.

(b)

Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

(c)

A permit issued by the Fire Code Official is required according to California Fire Code Chapter 105 for the use of fireworks for firework displays, pyrotechnics before a proximate audience and Storage, handling and use of fireworks and pyrotechnic special effects when used for public or proximate audience displays, in motion pictures, television, theatrical and or group entertainment productions. Permitted fireworks shall be handled and used by a licensed pyrotechnic operator in accordance with Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 of the California Code of Regulations and permitted in accordance with this Chapter and Health and Safety Code Division 11.

(d)

A permit shall be issued by the Fire Code Official for storage, handling and use of pyrotechnic special effects fireworks inside of occupancies equipped throughout with an approved fire sprinkler system, when used for proximate audience displays or special effects in theatrical, television, motion picture and group entertainment productions and when handled and used by a licensed pyrotechnic operator in accordance with Title 19 of the California Code of Regulations and permitted in accordance with this Chapter.

(e)

Deleted.

Add: 5601.1.3.1 Model Rocketry. The storage, handling, and use of model rockets shall be in accordance with Title 19 of the California Code of Regulations and as approved by the Fire Code Official.

Amend: 5601.2.2 Sale and retail display. Sale, transfer, possession and use of fireworks prohibited. In accordance with Oakland Municipal Code 8.06.030.