Vista Municipal Code § 5607.16 Explosives and Fireworks- Applicability

possession, storage, sale, transportation, and use of explosives and blasting agents and to any blasting operation in the unincorporated area of the County. The Sheriff is the Issuing Officer for purposes of this Section. The Sheriff may delegate the duties of Issuing Officer at her or his discretion. Additionally, as may be appropriate based on circumstances, the Issuing Officer may enter into memoranda of agreement with non-County fire agencies whereby such non-County agency will assume the duties of issuing a permit or permits required by this Chapter. The Issuing Officer shall determine whether a blast is a major blast or a minor blast under this Section. A minor blast is subject to all conditions of this Section except the inspection requirements.

shall be in the form required by the Issuing Officer.

unincorporated area of the County without an explosives permit issued under this Chapter. A person applying for an explosives permit shall, in addition to demonstrating compliance with fire safety requirements also comply with all County requirements for any building permits, grading permits, use permits, encroachment permits, and all other entitlements to use property, including zoning requirements and any determination under the Zoning Ordinance of non-conforming status. The applicant shall be responsible for providing proof of all necessary approvals when requested by the Issuing Officer.

permit, no person shall conduct blasting without first obtaining a blasting permit. The applicant shall be responsible for providing proof of all necessary approvals when requested by the Issuing Officer.

and procedures as are deemed reasonably necessary to protect the public health and safety based upon the facts and circumstances of a particular blasting operation. The permit conditions shall be in writing. Failure to comply with any permit condition is grounds for revocation of the permit. A blaster may request the Issuing Officer release the blaster from any permit condition if circumstances have changed that make the condition no longer applicable. In addition to complying with the County blasting regulations, a blaster shall also comply with blasting regulations of neighboring jurisdictions, for any blasting operations outside of the unincorporated area of the County conducted in conjunction with a project within the unincorporated areas of the County.

condition for obtaining an explosives permit the applicant shall submit: ( 1) a certificate of insurance evidencing that the blaster has obtained a general liability insurance policy which includes coverage for explosion, collapse, and underground property damage from an insurer satisfactory to the Issuing Officer, that is in effect for the period covered by the permit, written on an “occurrence” basis, in an amount of not less than $ 500,000 per each occurrence, naming the City of Vista as an additional insured and providing that the policy will not be canceled or terminated without 30 days prior written notice to the City and ( 2) an agreement signed by the blaster agreeing to defend, indemnify, and hold the City and its agents, officers, and employees harmless from any claims or actions arising from the issuance of the permit or any blasting activity conducted under the permit.

16.40(26) ( Vista 10/24/2025)

Vista Municipal Code

Saturday, between the hours of 7:00 a.m. and 6:00 p.m. or 1/2 hour before sunset, whichever occurs first, unless special circumstances warrant another time or day and the Issuing Officer grants approval of the change in time or day.

property in the unincorporated area of the County on which any blasting is intended to occur, shall give, or cause to be given, a one-time notice in writing, for any proposed blasting to the local fire agency and dispatch center and to all residences, including mobile homes, and businesses within 600 feet of any potential major blast location or 300 feet from any potential minor blast location. The notice shall be given not less than 24 hours, but not more than one week, before a blasting operation and shall be in a form approved by the Issuing Officer. The minimum 24-hour notice requirement may be reduced to a lesser period but not less than one hour if the Issuing Officer determines that special circumstances warrant the reduction in time. Adequate precautions shall be taken to reasonably safeguard persons and property before, during, and after blasting operations. These precautions shall include: 1. The blaster shall retain an inspector to inspect all buildings and structures, including mobile homes, within 300 feet of the blast site before blasting operations, unless inspection is waived by the owner and/or occupant. The inspector shall obtain permission of the owner and/or occupant before conducting the inspection. The inspection shall be only for the purpose of determining the existence of any visible or reasonably recognizable preexisting defects or damages in any building and structure. Waiver of inspection shall be in writing signed by the owner and/or occupant. Refusal to allow inspection shall also constitute a waiver. The inspector shall notify the owner and/or occupant of the consequences of refusing an inspection shall include a refusal in the summary report filed with the Issuing Officer. The blaster shall request an inspector conduct post-blast inspections upon receipt of a written complaint of property damage if the complaint is made within 60 days of completion of blasting operations. If the blaster has knowledge of alleged property damage independent of the written complaint, the blaster shall also retain an inspector to conduct a post-blast inspection. 2. An inspector shall complete and sign pre-blast inspection reports identifying all findings and inspection waivers. The blaster shall retain the inspection reports for three years from the date of the blasting and upon a complaint of alleged damage the blaster shall immediately file a copy of the report with the Issuing Officer and provide a copy to the complainant. If there is a change in the blasting contractor after blasting has commenced on a project, a re- inspection shall be conducted in accordance with the preceding paragraph before the new blasting contractor undertakes any additional blasting. 3. The blaster shall retain an inspector to conduct a post-blast inspection of any building and structure for which a written complaint alleging blast damage has been received. A written report of the inspection shall be immediately filed with the Issuing Officer and provided to any person who made a complaint for damages. 4. The blaster shall allow any representative of the Issuing Officer to inspect the blast site and blast materials or explosives at any reasonable time. 5. If the blaster wants a representative of the Issuing Officer to witness a blasting operation the blaster shall make a request with the Issuing Officer at least 12 hours before the blast. The blaster shall confirm the request for a witness with the Issuing Officer at least one hour before the blast. The blaster shall be responsible for any cost incurred by the Issuing Officer in having a representative witness the blast. 6. The blaster shall notify the Issuing Officer on the day of a scheduled blasting operation not less than one hour before blasting.

16.40(27) ( Vista 10/24/2025)

Vista Municipal Code

7. All major blasting operations shall be monitored by an approved

seismograph located at the nearest building and structure within 600 feet of the blasting operation. All daily seismograph reports shall be maintained by the blaster for three years from the blasting.

owner’ s expense, all explosives, ammunition, or blasting agents, which are illegally manufactured, sold, offered or exposed for sale, delivered, stored, possessed, or transported in violation of this Chapter.

unlawful and a violation of this Chapter for any person to provide false or misleading information or documentation to the County or any of its officers or employees or to any fire department, fire protection district, fire company, or legally formed volunteer fire department, or its officers or employees in the unincorporated area of the County, having jurisdiction over any aspect of the explosives or blasting permit process or blasting operations.

a blaster or inspector, as defined in this Section, shall pay an application fee to the Issuing Officer. A person applying for an explosives permit under this Section shall pay the fee established by the Issuing Officer with the application. The amount of any fee required by this Chapter shall be determined by the Issuing Officer on the basis of the full costs involved in processing an application.

SECTION 5608.1 FIREWORKS DISPLAY.

Section 5608.1 of the CFC is revised to read: