Palm Springs 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.

(Prior code § 4251)

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

(Prior code § 4252; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4252.1; Ord. 913 § 19 (A), 1971)

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 of the fire department for cause.

(Prior code § 4252.2; Ord. 913 § 19 (A), 1971)

The fee for the certificate of fitness shall be in such amount as may be established by resolution of the city council.

(Prior code § 4252.3; Ord. 913 § 19 (B), 1971)

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

(Prior code § 4253; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4253.1)

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

(Prior code § 4253.2; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4253.3)

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

(Prior code § 4253.4)

The fee for a blasting permit shall be in such amount as may be established by resolution of the city council.

(Prior code § 4253.5; Ord. 913 § 19 (B), 1971)

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 claims which might forseeably 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 shall have been given to the city, addressed in care of the Bureau of Fire Prevention, Fire Department, 1700 East Ramon Road, and received by them at least ten days prior to the time such cancellation shall become effective.

(Prior code § 4254; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4254.1)

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

(Prior code § 4254.2; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4254.3)

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 said supervision.

(Prior code § 4255; Ord. 913 § 19 (A), 1971)

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

(Prior code § 4255.1)

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 such 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.

(Prior code § 4255.2; Ord. 913 § 19 (A), 1971)

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, such 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 such certificate or permit; but the revocation of such certificate of fitness shall not prevent a recovery upon the bond, hereinabove in this chapter provided for, for any damage or injury sustained prior to the revocation thereof.

(Prior code § 4256; Ord. 913 § 19 (A), 1971)

The holder of a certificate revoked pursuant to Section 11.20.190 may appeal such revocation to the city council in the manner provided in Chapter 2.05 of this code.

(Prior code § 4256.1; Ord. 913 § 19 (A), 1971; Ord. 1226 § 17, 1984)