Chapter 2 — POSSESSION AND STORAGE OF EXPLOSIVES

*Note—Chapter 2, POSSESSION AND STORAGE OF EXPLOSIVES, added by Ord. No. 9970 (N.S.), effective 3-12-09. (Provisions previously codified at § 35.101 et seq.)

Explosives are extremely hazardous and if not properly manufactured, transported, used, stored or handled, may threaten the health and safety of persons and property in the County. Explosives are regulated by State law, but require a permit from a local issuing authority having responsibility for the area where explosives will be manufactured, possessed, used, stored or handled. The issuing authority for the permit may impose reasonable restrictions or conditions which the authority finds necessary for the prevention of fire and explosion, the preservation of life, safety or control and security of the explosives within the authority's jurisdiction. State law also authorizes the issuing authority to suspend or revoke a permit if the person to whom the permit was issued manufactures, uses, stores or handles the explosives in a manner which is unlawful or which creates an unreasonable hazard to life and property. This chapter implements State law.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) "Direct dial device" means a device which is connected to a telephone line and upon activation of an alarm system automatically dials a predetermined telephone number and transmits a message or signal indicating a need for an emergency response.

(b) "Type 1 explosives magazine" means a permanent magazine for the storage of explosives as defined in 27 CFR 555.203(a) and that meets all the requirements of 27 CFR 555.206 and 27 CFR 555.207.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

It shall be unlawful for any person to manufacture, handle, deliver, transport, use, store or possess explosives without a permit from the issuing authority. The Sheriff shall be the issuing authority in the unincorporated area of the County for any permit required by Health and Safety Code section 12101.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

State law reference(s)—Permit, Health and Safety Code, § 12101.

(a) When a permit issued by the Sheriff pursuant to Health and Safety Code section 12101 requires the explosives to be stored in a Type 1 explosives magazine, the magazine shall be equipped with an alarm system that has a direct dial device that upon activation will transmit an alarm or signal to an alarm company operator licensed by the State of California and registered with the Sheriff. The alarm system shall be located in either the magazine or on a perimeter fence. The permittee shall notify the Sheriff immediately if the permittee changes the alarm company operator who will be monitoring the alarm system.

(b) No direct dial device shall when activated transmit or send a signal directly to the Sheriff.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

Failure to comply with any condition of the permit, any requirement of this chapter, any State law requirement or any State Fire Marshal regulation pertaining to explosives, or engaging in any conduct which creates an unreasonable hazard to life and property shall be grounds for revocation of the permit. The Sheriff shall inform the permittee in writing of the grounds for revocation of the permit. If, however, the Sheriff determines that there is an immediate threat to the health and safe of any person or property, the Sheriff may revoke the permit immediately and notify the permittee of the grounds for revocation within five days. In that case the Sheriff may, if necessary, seize the explosives until such time as the permittee demonstrates compliance or, if the permittee is unable to demonstrate compliance, the Sheriff may dispose of the explosives as provided by law.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)

A person denied a permit or whose permit is revoked may appeal the Sheriff's decision to the Appellate Hearing Board pursuant to section 16.101 et seq. of this code.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)