Rialto Municipal Code Ch. 15.48 Manufacture, Transportation and Storage of Fireworks, Explosives And…

A. Findings. The city council finds as follows:

1. That the National Fire Protection Association, Inc., is a private organization which has been in existence for a period of at least sixteen years;

2. That the NFPA 490, Code for the Storage of Ammonuim Nitrate, the NFPA 495, Code for Manufacture, Transportation, Storage and Use of Explosive Materials, the NFPA 498, Standard for Explosives Motor Vehicle Terminals, the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks, 1984 Edition, and the CFR 27 (Parts 1 — 199) adopted by said organization are nationally recognized compilations of proposed rules, regulatons and standards of said organization;

3. That the NFPA 490, NFPA 495, NFPA 498, NFPA 1124 and CFR 27 (Parts 1 — 199) have been printed and published as codes in book form within the meaning of Section 50022.2, et seq., of the Government Code of the state;

4. That one copy of this code and accompanying standards have been filed for use and examination by the public in the office of the city clerk prior to the adoption of the ordinance codified in this chapter;

5. The sections of said NFPA 490, Code for the Storage of Ammonium Nitrate, the NFPA 495, Code for Manufacture, Transportation, Storage and Use of Explosive Materials, the NFPA 498, Standard for Explosives Motor Vehicle Terminals, the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks, 1984 Edition, and the CFR 27 (Parts 1 — 199) may be referred to by the number used in the published compilation and may also be referred to by additional reference to the municipal code and sections therein pertinent to said NFPA 490, Code for the Storage of Ammonium Nitrate, the NFPA 495, Code for Manufacture, Transportation, Storage and Use of Explosive Materials, the NFPA 498, Standard for Explosives Motor Vehicle Terminals, the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks, 1984 Edition, and the CFR 27 (Parts 1 — 199)

B. Adoption of NFPA 490, NFPA 495, NFPA 498, NFPA 1124 and CFR 27 (Parts 1 — 199). The city council hereby adopts the NFPA 490, Code for the Storage of Ammonium Nitrate, the NFPA 495, Code for Manufacture, Transportation, Storage and Use of Explosive Materials, the NFPA 498, Standard for Explosives Motor Vehicle Terminals, the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks, 1984 Edition, and the CFR 27 (Parts 1 — 199) and Appendices as compiled and adopted by the National Fire Protection Association, Inc. The Provisions of the NFPA 490, NFPA 495, NFPA 498, NFPA 1124 and CFR 27 (Parts 1 — 199) shall apply to all the incorporated areas of the city.

(Ord. 1034 (part), 1988)

The NFPA 490, Code for the Storage of Ammonium Nitrate, the NFPA 495, Code for Manufacture, Transportation, Storage and Use of Explosive Materials, the NFPA 498, Standard for Explosives Motor Vehicle Terminals, the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks, 1984 Edition, and the CFR 27 (Parts 1 — 199) shall be enforced by the division of fire prevention in the fire department of the city, which is established and which shall be operated under the supervision of the chief of the fire department.

(Ord. 1034 (part), 1988)

This chapter shall be known as "an ordinance regulating the manufacture, storage, and transportation of fireworks, explosives and blasting agents in the City of Rialto" and may be referred to as "the fireworks, explosives and blasting agents ordinance."

B. Wherever set forth in this chapter, the words defined in this section shall have the following meanings:

1. "Blasting agent" means a material or mixture for blasting and which meets the requirements of the DOT hazardous materials regulations, as set forth in Title 49, Code of Federal Regulations, Part 173.114a (ref. NFPA 495, 1-4).

2. "Chief." The chief of the fire department is designated as "the authority having jurisdiction" wherever that expression appears in this chapter.

3. "Explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. The term "explosives" includes any material determined to be within the scope of Title 18, United States Code, Chapter 40, Importation, Manufacture, Distribution and Storage of Explosive Materials, and also includes any material classified as an explosive by the hazardous materials regulations of the U.S. Department of Transportation (ref. NFPA 1124, 1-4).

4. "Fireworks" means any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "common" or "special" fireworks as set forth in the Department of Transporation's (DOT) Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and 173.100 (ref. NFPA 1124, 1-4).

5. "Jurisdiction," wherever used in this chapter, means the City of Rialto.

6. "Permit," wherever used in this chapter, means the written authority of the Rialto fire department issued pursuant to this chapter, to manufacture, store or transport fireworks, explosives and blasting agents within the confines of the community.

7. "Possessor of land" means any person or persons entitled to lawfully possess and use real property in accordance with the zoning and land use restrictions of the city.

(Ord. 1034 (part), 1988)

This chapter shall apply to all persons, firms, corporations, copartnerships, governmental agencies, except federal agencies, and associations manufacturing, transporting or storing fireworks, explosives or blasting agents and to the owner or lessee of any building, premises or equipment in or on which fireworks, explosives or blasting agents are manufactured, transported or stored.

(Ord. 1034 (part), 1988)

A. A permit issued pursuant to this chapter shall be obtained annually from the chief for any of the operations listed below in order to achieve greater fire and area safety:

1. To manufacture, possess or store fireworks, explosives or blasting agents;

2. To transport within the jurisdiction fireworks, explosives or blasting agents;

3. To maintain any facility for loading, unloading, reloading or transshipment of fireworks, explosives or blasting agents in connection therewith.

B. All permits issued in accordance with the provisions of this chapter shall, upon reissue, be subject to any amendments made to this chapter after the effective date of the ordinance from which it derives.

C. Permits shall not be transferable; however, upon corporate reorganization, merger, or ownership change, the chief shall reissue said permit upon the payment of appropriate permit fees.

D. Each permit granted by the chief shall be valid for such period as may be specified by resolution. The permit shall be a revocable license, and shall expire when revoked.

(Ord. 1034 (part), 1988)

Application for a permit for the manufacture, transportation or storage of fireworks, explosives or blasting agents as required in this chapter shall be made in writing to the chief. The chief shall then cause to be made an inspection of the premises and equipment proposed to be used. If they are found to be in compliance with this chapter, a statement to that effect shall be noted on the application and the application signed by the person making the inspection. The chief shall thereupon issue a permit as applied for. The chief may at any reasonable time inspect premises, buildings, installations or equipment for the manufacture, transportation or storage of fireworks, explosives or blasting agents. If a violation of this chapter if found to exist, he/she shall file with the owner, occupant or operator a notice citing the violation and order its correction. If such order is not complied with, the chief may suspend the permit issued for such facility.

(Ord. 1234 (part), 1995: Ord. 1034 (part), 1988)

The chief may grant a variance from strict application of this chapter upon request in writing so to do when such request shows that the enforcement of this chapter or part thereof will cause unnecessary hardship to the petitioner, provided that said request shall not be granted where the requested use will constitute a distinct hazard to life or adjoining property. The particulars of such variance shall be entered upon the permit issued. Copies thereof shall be retained by the chief and forwarded to the city council within ten days of the issuing of the permit.

(Ord. 1034 (part), 1988)

A possessor of land and/or permittee aggrieved by any denial or order issued pursuant to this chapter may file with the city clerk an appeal to the city council within fifteen days from the service of such denial or order. The city clerk shall thereafter place the appeal on the next regularly scheduled city council agenda.

The city council shall at such hearing affirm, modify, revoke or vacate such denial or order. The decision of the city council in regards to said order or denial shall be a final decision and shall be complied with immediately. Nothing herein contained shall be deemed to deny the right of any person, firm, corporation, copartnership or voluntary association to appeal from an order or decision of the city council to a court of competent jurisdiction.

(Ord. 1234 (part), 1995: Ord. 1034 (part), 1988)

The amendments to NFPA 1124 set forth below shall apply to the manufacture, transportation and storage of fireworks, explosives and blasting agents:

A. Section 2-2.1 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended to read as follows:

2-2.1 Any person engaged in the business of importing, manufacturing or dealing in fireworks, explosives or blasting agents shall in addition to possessing a valid state and/or federal license or permit, where required by Title XI, Regulation of Explosives, of the Crime Control Act of 1970 (18 United States Code, Chapter 40), possess a valid Fire Permit from the City of Rialto, and shall comply with all applicable state and local laws and regulations.

B. Section 2-2.1 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended by adding the following:

2-2.1.4 Any person engaged in the business of importing, manufacturing, storage or dealing in fireworks, explosives, or blasting agents shall possess comprehensive general liability insurance with a minimum of $1,000,000.00 combined single limits and shall name the City of Rialto as an additional insured. Pursuant to § 15.48.070 and § 15.48.080 of this ordinance, a licensee or permit holder may obtain a modification of this requirement. The criteria for obtaining said modification are:

1. Location of storage bunkers;

2. Amount of class A or class B explosives (net weight) stored therein; and

3. Economic hardship.

C. Section 2-5.1 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended to read as follows:

2-5.1 The area perimeter containing manufacturing and storage shall be completely surrounded by a substantial fence having a minimum height of 6 ft. and shall be topped with a layer of barbed wire. Only office buildings containing no processing or storage may be located outside the fence. All buildings, bunkers, magazines or storage areas inside the fence shall be clearly marked with an alpha numeric code. For enforcement and enactment see paragraph 7 below.

D. Section 2-5.4 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended to read as follows:

2-5.4 There shall be a security guard on duty in the storage bunker area during non-business hours who shall have the duty of allowing only authorized employees or representatives of federal, state, or local agencies having jurisdiction over the plant into the area. All other individuals seeking entrance into the plant shall obtain special permission from the person in charge of the specific area.

E. Section 2-5 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended by adding the following:

2-5.5 License or permit holder shall maintain an updated list of all employees in addition to a current list of all supervisors and their telephone numbers. Such records shall be kept for a period of five (5) years and shall be made available to the authorities having jurisdiction upon request.

F. Section 2-5 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended by adding the following:

2-5.6 License or permit holders shall provide all employees who have non-business hour access to secure areas with an identification badge which shall be worn during non-business hours while on the plant site.

G. Section 2-9.4 of the NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks is amended to read as follows:

2-9.4 All possessors of land and/or permit holders shall provide security services, lighting and fencing in accordance with plans submitted to and approved by the Fire Chief and Police Chief. The failure of the possessor of real property and or the permittee to comply with said requirements shall result in revocation of permits or licenses to operate within the City of Rialto.

All permittees will be given a minimum of 14 days notice to comply with these requirements prior to any action on revocation of their permit.

(Ord. 1034 (part), 1988)

The city declares that, should any section, paragraph, sentence or word of the ordinance codified in this chapter or of the code or standards adopted in this chapter be declared for any reason to be invalid, it is the intent of the city that it would have passed all other portions of the ordinance codified in this chapter independent of the elimination herefrom of any such portion as may be declared invalid.

(Ord. 1034 (part), 1988)

A. All violations of this chapter shall be deemed infractions.

B. Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this chapter is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as provided in this code. Any violation which is corrected after citation and prior to initial court date shall be dismissed by the city.

(Ord. 1034 (part), 1988)