Woodside Municipal Code § 93.11 Magazine construction

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Approved. Approved by the authority having jurisdiction.

Blasting agent. Any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, and in which none of the ingredients are classified as an explosive provided the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined.

Class A explosive. An explosive possessing, detonating, or otherwise having a maximum hazard, such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers.

Class B explosive. An explosive possessing a flammable hazard, such as propellant explosives, photographic flash powders, and some special fireworks.

Class C explosive. Includes certain types of manufactured articles which contain Class A or Class B explosives, or both, as components, but in restricted quantity.

Explosive. Any chemical compound, mixture, or device the primary or common purpose of which is to function by explosion, unless such compound or mixture is otherwise specifically classified by the Interstate Commerce Commission. Explosive shall include all material which is classified as a Class A, Class B, or Class C explosive by the Interstate Commerce Commission and shall include, but shall not be limited to, dynamite, black powder, pellet powder, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse lighters, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, igniter cords, igniters, and some special fireworks.

Forbidden or not accepted explosive. An explosive which is forbidden for transportation in accordance with the regulations of the Interstate Commerce Commission.

Highway. Any public street, public alley, or public road.

Inhabited building. A building or structure regularly used in whole or in part as a place of human habitation. Inhabited building shall also mean any church, school, store, or any other building or structure where people are accustomed to congregate or assemble, but excluding any building or structure occupied in connection with the transportation, storage, or use of explosives.

Jurisdiction. The Town.

Magazine. Any building or structure approved for the storage of explosives.

Motor vehicle. Any self-propelled vehicle, truck, tractor, semi-trailer, or truck fuel trailer used for the transportation of freight over public highways.

Permit. The written authority of the Town Manager issued pursuant to the provisions of this subchapter to transport, store, or use an explosive.

Person. Any individual, firm, corporation, or association, including any trustee, receiver, assignee, or personal representative thereof.

Town Manager. The Official Representative of the Town or his duly authorized agent.

(1975 Code, § 4-2.103) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

(A) It shall be unlawful for any person to transport, store, or use any Class A, Class B, or Class C explosive or blasting agent in violation of the provisions of this subchapter.

(1975 Code, § 4-2.101)

(B) The provisions of this subchapter shall not apply to the transportation of explosives or blasting agents when under the jurisdiction of and in compliance with the regulations of the Interstate Commerce Commission, the United States Coast Guard, the United States armed forces, or the state militia. The provisions of this subchapter shall, however, apply to state and municipal supervision as to compliance with federal regulations within the jurisdiction of a state or a municipality. The provisions of this subchapter shall not apply to the transportation and use of explosives or blasting agents in the normal and emergency operations of federal agencies, such as the Bureau of Mines, Federal Bureau of Investigation, and Secret Service, nor to state or municipal fire and police departments, providing they are acting in their official capacity and in the proper performance of their duties.

(1975 Code, § 4-2.102) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

A permit issued pursuant to the provisions of this subchapter shall be obtained from the Town for the transportation, storage, or use of any Class A, Class B, or Class C explosive or blasting agent within the Town.

(A) Applications for the permits required by the provisions of this subchapter shall be made directly to the Town and shall be accompanied by a permit fee of $10.00.

(B) Applications for such permits shall be made at least 96 hours in advance of such intended use, excluding Saturdays and Sundays.

(C) The applicants for such permits shall submit a letter to the Town Manager stating the name and address of the person making the application, the explosive transportation route, the maximum explosive storage, the type of explosive, and the date, time, and location where the use is to be accomplished. The letter shall also state the name of the person who shall be in charge of the storage or use of the explosive or blasting agent and the emergency telephone numbers in each instance.

(D) The applicants for such permits shall submit a diagram showing the magazine locations, the type of magazine, and the construction design.

(E) Such permits shall be nontransferable.

(F) Such permits shall be valid for such periods as may be specified, but shall not exceed one year, shall be revocable licenses, and shall expire when revoked.

(G) Such permits shall not be issued for any building or structure occupied as a dwelling, school, theater, hotel, sanatorium, hospital, or other place of public assemblage nor for retail stores of any kind possessing any unusual fire hazard.

(1975 Code, §§ 4-2.104, 4-2.105) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Before a permit to do blasting or demolition work shall be issued, the applicant for such permit shall file a bond in an amount deemed adequate by the Town Manager in each case, but in no case less than $5000.00 which bond shall become available for the payment of any damages arising from the blasting by the recipient of the permit or his agents or employees.

(1975 Code, § 4-2.106) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

(A) Magazines.

(1) All Class A, Class B, and Class C explosives shall be kept in magazines which meet the requirements of this section.

(2) Blasting caps, electric blasting caps, detonating primers, and prime cartridges shall not be stored in the same magazine with other explosives.

(3) The ground around magazines shall slope away for drainage. The land surrounding magazines shall be kept clear of brush, dried grass, leaves, and other combustible materials for a distance of at least 50 feet.

(4) Class I magazines shall be required where the quantity of explosives stored is more than 50 pounds. Class II magazines may be used where the quantity of explosives stored is 50 pounds or less, except that the authority having jurisdiction may authorize the use of Class II magazines for the temporary storage at blasting sites of larger quantities of explosives.

(5) Class I magazines shall be located away from inhabited buildings, public highways, and other magazines in conformity with the American Table of Distances for the storage of explosives.

(6) When used for temporary storage at a site for blasting operations, Class II magazines shall be located at least 150 feet away from the work in progress when the quantity of explosives kept therein is in excess of 25 pounds and at least 50 feet away from the work in progress when the quantity of explosives is 25 pounds or less. The authority having jurisdiction may require a greater separation between Class II magazines and the work in progress where conditions warrant.

(B) Blasting sites.

(1) Empty boxes and paper and fiber packing materials which have previously contained high explosives shall not be used again for any purpose but shall be destroyed by burning at an approved isolated site located out of doors, and no person shall be within 100 feet after the burning has started.

(2) No spark producing metal tool shall be used for opening packages of explosives at blasting sites.

(3) Explosives which are obviously deteriorated or damaged shall not be used.

(4) No explosive shall be abandoned.

(1975 Code, § 4-2.107) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) No person shall transport any explosive within the Town in violation of the Interstate Commerce Commission regulations or regulations of the State.

(B) No person shall transfer an explosive from one vehicle to another without the express permission of the authority having jurisdiction and upon receiving approval, shall notify the Fire Chief and Police Chief.

(C) Blasting agents shall not be transported in the same vehicle with explosives without the express permission of the authority having jurisdiction.

(D) All vehicles used for transporting explosives shall be marked or placarded on the sides, fronts, and rears of such vehicles with the word "Explosives" in letters not less than three inches in height in contrasting colors.

(E) Except in emergency conditions, no vehicle transporting explosives shall be parked before reaching its destination, even though attended, on any public street adjacent to or in proximity to any bridge, tunnel, dwelling, building, or place where people work, congregate, or assemble.

(F) No explosive shall be delivered to a destination between the hours of sunset and sunrise without the express permission of the authority having jurisdiction.

(G) Explosive deliveries shall only be made to authorized persons and into authorized magazines or approved temporary storage or handling areas.

(1975 Code, § 4-2.108) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) The handling of explosives may be performed by the person holding the permit to use explosives or by any other employee directly under his supervision providing such employee is at least 21 years of age.

(B) While explosives are being handled or used, smoking shall not be permitted, and no one near the explosives shall possess matches, an open light, or other fire or flame. No person shall handle explosives while under the influence of intoxicating liquor or narcotics.

(C) Original containers or Class II magazines shall be used for taking detonators or other explosives from storage magazines to the blasting area.

(D) When blasting is done in congested areas or in close proximity to a structure, building, highway, or any other installation which may be damaged, the blast shall be covered, where possible, before firing with a mat constructed so that it is capable of preventing fragments from being thrown.

(E) Persons authorized to conduct blasting operations or to prepare blasting charges shall use every reasonable precaution, including, but not limited to, warning signals, flags, barricades of woven wire mats to ensure the safety of the general public and workmen.

(F) Blasting operations, except by special permission of the authority having jurisdiction, shall be conducted during daylight hours only (9:00 a.m. to 4:00 p.m.).

(G) Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph, and steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of the blasting, specifying the location and intended time of such blasting. Verbal notice shall be confirmed with a written notice. In an emergency such time limit may be waived by the local authority having jurisdiction.

(H) Due precautions shall be taken to prevent the accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity.

(1975 Code, § 4-2.109) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.

(B) Tamping shall be done only with wood rods without exposed metal parts, but nonsparking metal connectors may be used for jointed poles. Plastic tamping poles may be used provided they have been approved by the local authority having jurisdiction. Violent tamping shall be avoided.

(C) No holes shall be loaded except those to be fired in the next round of blasting. After loading, all remaining explosives shall be immediately returned to an authorized magazine.

(D) Drilling shall not be started until all remaining butts of old holes are examined with a wooden stick for unexploded charges. If any are found, they shall be refired before work proceeds.

(E) No person shall be allowed to deepen drill holes which have contained explosives.

(F) After loading for a blast is completed, all excess blasting caps or electric blasting caps and other explosives shall immediately be returned to their separate storage magazines.

(1975 Code, § 4-2.110) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) Only electric blasting caps shall be used for blasting operations in congested districts, or on highways, or adjacent to highways open to traffic, except where sources of extraneous electricity make such use dangerous.

(B) When a fuse is used, the blasting cap shall be securely attached to the safety fuse with a standard ring-type cap crimper. All primers shall be assembled at least 50 feet from any magazine.

(C) Primers shall be made up only as required for each round of blasting.

(D) No blasting cap shall be inserted in an explosive without first making a hole in the cartridge for the cap with a wooden punch of proper size or standard cap.

(E) Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is impossible to detonate the exploded charge by the insertion of a fresh additional primer.

(F) If there are any misfires while using a cap and fuse, all persons shall remain away from the charge for at least one hour. If electric blasting caps are used and a misfire occurs, such one-hour waiting period may be reduced to one-half hour. Misfires shall be handled under the direction of the person in charge of the blasting, and all wires shall be carefully traced, and a search shall be made for unexploded charges.

(G) Blasters, when testing circuits to charged holes, shall use only blasting galvanometers designed for this purpose.

(H) Only the person making the leading wire connections in electrical firing shall fire the shot. All connections should be made from the bore hole back to the source of the firing current, and the leading wires shall remain shorted and not be connected to the blasting machine until the charge is to be fired.

(I) Before a blast is fired, a loud warning signal shall be given by the person in charge, who has made certain that all surplus explosives are in a safe place, all persons and vehicles are at a safe distance or under sufficient cover, and that an adequate warning has been sounded.

(1975 Code, § 4-2.111) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

Unless otherwise set forth in this subchapter, blasting agents shall be transported, stored, and used in the same manner as explosives.

(1975 Code, § 4-2.112) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) General.

(1) Magazines shall be constructed in conformity with the provisions of this section or may be of substantially equivalent construction satisfactory to the authority having jurisdiction.

(2) Magazines for the storage of explosives, other than black powder and Class B and Class C explosives, shall be bullet resistant, weather resistant, fire resistant, and ventilated sufficiently to protect the explosives in the specific locality. Magazines used only for the storage of black powder and Class B and Class C explosives shall be weather resistant and ventilated.

(3) The property upon which Class I magazines are located and property where Class II magazines are located outside of buildings shall be posted with signs reading "Explosives—Keep Off." Such signs shall be located so as to minimize the possibility of a bullet traveling in the direction of the magazine if anyone shoots at the sign.

(4) Magazines shall not be provided with artificial heat or lights, except that if artificial lights are necessary, an electric safety flashlight or safety lantern shall be used.

(B) Class I magazines.

(1) Class I magazines shall be of masonry, wood, or metal construction, or a combination of these types. The thickness of masonry units shall not be less than eight inches. Hollow masonry units used in construction, required to be bullet resistant, shall have hollow spaces filled with weak cement or well-tamped sand. Wood constructed walls, required to be bullet resistant, shall have at least six inches space between the exterior and interior sheathing which shall be filled with well-tamped sand. Metal wall construction, when required to be bullet resistant, shall be lined with brick at least four inches in thickness or shall have at least a six-inch sand fill between the exterior and interior walls.

(2) The floors and roofs of masonry magazines may be of wood construction. Wood floors shall be tongue and grooved lumber having a thickness of not less than one inch.

(3) Roofs required to be bullet resistant shall be protected by a sand tray located at the line of the eaves and covering the entire area, except that necessary for ventilation. The sand in the sand tray shall be maintained at a depth of not less than four inches.

(4) All wood at the exterior of the magazine, including the eaves, shall be protected by being covered with black or galvanized steel or aluminum metal of a thickness not less than No. 26 gauge. All nails exposed to the interior of magazines shall be well countersunk.

(5) The foundations for magazines shall be of substantial construction and be arranged to provide good cross ventilation.

(6) The magazines shall be ventilated sufficiently to prevent dampness and the heating of stored explosives. Ventilating openings shall be screened to prevent the entrance of sparks.

(7) The openings to magazines shall be restricted to those necessary for the placement and removal of stocks or explosives. The doors for openings in magazines for Class A explosives shall be bullet resistant. The doors for magazines not required to be bullet resistant shall be designed to prevent unauthorized entrance. The authority having jurisdiction may accept doors for openings in magazines when in substantial conformity with the requirements of this section if such construction is considered as sufficiently bullet resistant.

(8) The magazines shall be provided with substantial means for locking. Locks shall be provided, and the magazine doors shall be kept locked, except during the time of the placement and removal of stocks of explosives.

(9) Provisions shall be made to prevent the piling of stocks of explosives directly against masonry walls, brick lined or sand filled metal walls, and single thickness walls. Such protection, however, shall not interfere with the proper ventilation of the side and end walls.

(C) Class II magazines.

(1) Class II magazines shall be of wood or metal construction.

(2) Class II wood magazines shall have the sides, bottoms, and covers constructed of two-inch hardwood boards well braced at the corners and protected by being entirely covered with sheet metal of not less than No. 20 gauge. All nails exposed to the interior of the magazine shall be well countersunk. All Class II metal magazines shall have the sides, bottoms, and covers constructed of sheet metal and shall be lined with 3/8-inch plywood, or the equivalent. The edges of the metal covers shall overlap the sides at least one inch.

(3) The covers for both Class II wood and metal constructed magazines shall be provided with substantial strap hinges and shall be provided with substantial means for locking. The covers shall be kept locked, except during the placement or removal of explosives.

(4) Class II magazines shall be painted red and shall bear lettering in white, on all sides and top, at least three inches high, "Explosives—Keep Fire Away." Class II magazines, when located in warehouses and in wholesale or retail establishments, shall be provided with substantial wheels or casters to facilitate easy removal in the case of fire. Where necessary due to climatic conditions, Class II magazines shall be ventilated.

(1975 Code, §§ 4-2.113, 4-2.114, 4-2.115) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) Packages of explosives shall be laid flat with the top side up. Black powder, when stored in magazines with other explosives, shall be stored separately. Black powder stored in kegs shall be stored on the ends, bung down, or on the side seams down. Corresponding grades and brands shall be stored together in such a manner that the brands and grade marks show. All stocks shall be stored so as to be easily counted and checked. Packages of explosives shall be piled in a stable manner. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall always be taken first.

(B) Packages of explosives shall not be unpacked or repacked in a magazine, nor within 50 feet of a magazine, nor in close proximity to other explosives. Tools used for opening packages of explosives shall be constructed of nonsparking materials, except that metal slitters may be used for opening fiberboard boxes. A wood wedge and a fibre, rubber, or wood mallet shall be used for opening or closing wood packages of explosives. Open packages shall be securely closed before returning such open packages to a magazine.

(C) Magazines shall not be used for the storage of any metal tools nor any commodity, except explosives but this restriction shall not apply to the storage of blasting agents and blasting supplies.

(D) Magazine floors shall be swept regularly and shall be kept clean, dry, and free of grit, paper, empty used packages, and rubbish. Brooms and other cleaning utensils shall not have any spark producing metal parts. Sweepings from the floors of magazines shall be properly disposed of.

(E) When any explosive has deteriorated to an extent that it is unstable or in a dangerous condition, the person in charge or possession of such explosives shall immediately report the fact to the authority having jurisdiction and, upon his authorization, shall proceed to destroy such explosives in accordance with the instructions of the manufacturer. Only experienced persons shall do the work of destroying explosives.

(F) When magazines need inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire, the explosives shall be removed from the magazine. Explosives removed from the magazine under repair shall either be placed in another magazine or be placed a safe distance from the magazine where they shall be properly guarded and protected until the repairs have been completed when they shall be returned to the magazine.

(G) Smoking, matches, open flames, spark producing devices, and firearms shall be prohibited inside of or within 50 feet of magazines. Combustible materials shall not be stored within 50 feet of magazines.

(H) Magazines shall be in charge of a competent person at all times who shall be at least 21 years of age and who shall be held responsible for the enforcement of all safety precautions.

(1975 Code, § 4-2.116) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

The Town Manager may, at reasonable hours, inspect the premises, buildings, installations, or equipment for the storage, handling, or use of explosives or blasting agents. If a violation of the provisions of this subchapter is found to exist, he shall file with the owner, occupant, or operator a notice citing the violation and ordering its correction. If such order is not complied with, he may suspend the permit.

(1975 Code, § 4-2.117) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

(A) No person shall transport, store, or use any explosive or blasting agent when such storage, transportation, or use constitutes an undue hazard to life or property.

(B) No person shall use or explode any explosive or blasting agent for purposes other than blasting or demolition operations, except upon the approval of the authority having jurisdiction.

(C) No person shall sell or give away any explosive or blasting agent to any unauthorized person.

(D) The provisions of this subchapter shall not be construed to prohibit the use of explosives in the form prescribed by the official United States Pharmacopoeia.

(E) Governmental and industrial laboratories of technical institutes, colleges, universities, and similar institutions may be permitted to keep, store, and use explosives or blasting agents when confined to the purpose of scientific or technical instruction or research provided the storage and use of such explosives or blasting agents is under experienced and competent supervision and not more than 15 pounds of explosives or blasting agents are kept on hand at any time in such laboratories.

(F) The authority having jurisdiction may restrict the quantity of explosives or blasting agents which may be handled at any location within the Town.

(1975 Code, § 4-2.118) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Penalty, see § 10.99.

It shall be unlawful for any person to violate any of the provisions of this subchapter or any order of the Town Manager made pursuant to the provisions of this subchapter for the protection of the public safety, welfare, health, or comfort. Any person violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Sections 10.40 through 10.58 of this Code.

(1975 Code, § 4-2.120) (Ord. 1967-184, passed - -67; Am. Ord. 1997-486, effective 6-26-97)

Cross reference— Code compliance; judicial and administrative remedies, see Sections 10.40 through 10.53.