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Ord. 0309 06-23-75ORDINANCE NO. 3 © 9 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING AND GOVERNING THE MANUFACTURE, POSSESSION, STORAGE, SALE, TRANSPORTATION, AND USE OF EXPLOSIVE AND BLASTING AGENTS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; DEFINING TERMS; PROVIDING FOR ENFORCE- MENT OF THIS ORDINANCE; REQUIRING PERMITS AND PRESCRIBING FEES; PROVIDING FOR CERTAIN EXEMP- TIONS; PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS OF SAID ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;\PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUB- JECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OR PEARLAND, TEXAS. SECTION I. .Scope. of Ordinance (a) The provisions of this ordinance shall apply to the manufacture, possession, storage, sale, transportation, and use of explosives and blast- ing agents within the Corporate limits of the City of Pearland, Texas. (b) This ordinance is hereby declared to be remedial, and shall be construed as being consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosives. (c) No provision of this ordinance shall be held to deprive any Federal or -State agency, of any power or authority which it had on the effective date of this ordinance or of any remedy then existing for the enforcement of its orders; nor shall it deprive any person of its legal rights as provided by law. SECTION II. Definitions (a) The term "Blasting agent" shall mean any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as explosives, provided that 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.. Materials or mixtures classified as nitrocarbonitrates by the department of -transportation regulations shall be included in this definition. (b) The term "Explosives" shall mean any substance, or combination of substances, that is commonly used for the purpose of detonation and which, upon exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. The term "Explosives" shall include, but shall not necessarily be limited to, all of the following: (1) Substances determined to be Class A and Class B explosives as classified by the U.S. Department of Transportation. (2) Nitrocarbonitrates substances (blasting agent) as classified by the U.S. Department of Transportation. (3) Any material designated as an explosive by the state fire marshal . (4) Certain Class C explosives as designated by the U.S. Depart- ment of Transportation when listed in regulations adopted by the state fire marshal.. (c) The term "industrial explosive devise" shall mean any explosive power pack containing an explosive charge in the form of a cartridge or construction device. The term includes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive -actuated power tools and charges of explosives, used in jet tapping of open hearth furnaces and jet perforation of oil well casings. (d) The term "industrial high explosive material" shall mean sheets extrusions, pellets and packages of high explosives, containing dynamite, trinitrotoluol, penaeythritoltetranitrate, cyclotrimethylene-trimitra- mine or other similar compounds used for high -energy -rate forming, expand- ing and shaping in metal fabrication, and for dismemberment and quick re- duction of scrap metal. (e) The term "test blasting cap No.8" shall mean one containing two (2) grams of a mixture of eighty per cent (8070) mercury fulminate and twenty per cent (20%) potassium chlorate, or a cap of equivalent strength. (f) The term "gunpowder" shall mean any of various powders used in firearms and small arms ammunition as propelling charges. (g) The term "bullet resistant" shall mean materials and.construc- tion methods capable of preventing penetration of a one hundred eighty (180) grain, thirty (30) caliber, soft nose, hunting type bullet, when propelled at a maximum velocity of two thousand seven hundred (2,700) feet G "LI per second. _.. . (h) The term "Fire Marshal " shall mean the duly appointed fire marshall for the City of Pearland or his authorized representative. • (i) The term "magazine" shall mean any building or structure used for the storage of explosives. (j). The term "jursidiction" as used in this Code shall mean the City of Pearland, Texas. (k) The term "persons" as used in this ordinance shall mean a natural personal, his heirs, executors, administrators, or assigns and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. (1) The term "public conveyance" shall mean and include any rail- road car, street car, cab, bus, airplane or other vehicle which is carry- ing passengers for hire. (m) The term "small arms ammunition" shall mean any shotgun, rifle, pistol or revolver cartridges. SECTION III. Enforcement The administration and enforcement of this ordinance is hereby assigned to and shall be the responsibility of the "Fire Marshal ". SECTION IV. General prohibition and permit requirement (a) Except as otherwise specifically provided in this ordinance, it shall be unlawful for any person to engage in the manufacture, posses- sion, storage, sale, transportation, and use of explosives and blasting agents without having first secured a permit therefor and complied fully with the provisions of this ordinance. (b) Permits shall be obtained for the following specific activities: (1) The manufacture, possession, storage, sale or otherwise disposing of explosives or blasting agents. (2) The transporting of explosives or blasting agents. (3) The use of explosives or blasting agents. (4) The operation of a terminal for handling explosives or blasting agents. (5) The delivery to or receiving of explosives or blasting agents from a carrier at a terminal between the hours of sunset and sun- 3 rise. (6) The transporting of blasting caps or electric blasting caps on the same vehicle with explosives. (c) Permits required by subsection (a) of this section shall not be issued for the following: (1) Liquid nitroglycerin. (2) Dynamite (except gelatin dynamite) containing over sixty per cent (60%) of liquid explosive ingredient. (3) Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage. (4) Nitrocellulose in a dry and uncompressed condition in quantity greater than ten (10) pounds net weight in one package. (5) Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden. (6) Explosive compositions that ignite spontaneously or under- go marked decomposition, rendering the products or their use more hazardous, when subjected for forty-eight (48) consecutive hours or less to a temperature of one hundred sixty-seven (167) degrees Fahrenheit (seventy-five degrees centrigrade). (7) New explosives until approved by the U.S.. Department of Transportation, except that permits may be issued to educational, governmental, or industrial laboratories for instruction or research purposes. (8) Explosives condemned by the U.S. Department of Transporta- tion. (9) Explosives not packed or marked in accordance with the requirements of the U.S. Department of Transportation. (10) Explosives containing an ammonium salt and a chlorate. (d) No person shall keep or store, nor shall any permit be issued to keep or store any explosives at any place of habitation, or within 4 one hundred (100) feet thereof. (e) No person, possessing a permit for storage of explosives at any place, shall keep or store any greater amount or other kind of explo- sives than are authorized in such permit. (f) The fire marshal may require that any operation and/or activity permitted under the provisions of subsection (b) (2), or (3), hereof, shall be supervised at any or all times by members of the fire department, designated by the fire marshal to see that all safety and fire regula- tions are observed. Where, in the opinion of the fire marshal , no undue hazard to life or property exists, the required supervision may be waived. SECTION V. Permits, Bond and Insurance requirements. (a) All applications for -a permit required by this ordinance shall be made to the fire marshalin such form and detail as he shall pre- scribe. Application for permits shall be accompanied by such plans as required by the fire marshal.. (b) Before any permit shall be issued under the provisions of this ordinance, the applicant therefor shall pay a fee as shall be determined py Resolution by the City Council/from time to time and on file in the office of the City Secretary. (c) A permit issued under this ordinance, shall continue until revoked or for such a issuance. The permit occupancy, operations (d) All permits period of time shall not be or ownership issued under as designated therein at the time of transferable and any change in use, shall require a new permit. this ordinance shall be presumed to contain the provisions that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this ordinance and any other laws or regulations applicable thereto, whether specified or not. Any permit which purports to sanction a vio- lation of this ordinance or any applicable law or regulation shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void. (e) Before a permit is issued, as required herein, the applicant shall file with the jurisdiction a corporate surety bond in the principal - 5 sum of one hundred thousand dollars($100,000.00), or a public liabil- ity insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by the conduct of any act authorized by the permit upon which any legal judgment results. The fire marshal may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond requirement. (f) Any permit issued under this ordinance may be suspended or re- voked when it is determined: (a) It is used by a person other than the person to whom the permit was issued. (b) It is used for a location other than that for which it was issued. (c) Any of the conditions or limitations as set forth in the permit have been violated. (d) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the pro- visions of this ordinance within the time provided therein. (e) There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based. SECTION VI. Storage of Explosives, magazines. (a) Explosives, including special industrial high explosive materi- als, shall be stored in magazines which meet the requirements of this article. (b) Magazines shall be in the custody of a competent person at all times who shall be at least twenty-one (21) years of age and who shall be held responsible for compliance with all safety precautions. (c) Smoking, matches, open flames, spark producing devices and firearms shall be prohibited inside or within fifty (so)feet of magazines. Combustible materials shall not be stored within fifty (50) feet of maga- zines. 6 (d) The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash and debris for a distance of at least fifty (50) feet. (e) Magazines shall be kept locked except when being inspected or when explosives are being placed therein or being removed therefrom. (f) Magazines shall be kept clean, dry and free of grit, paper, empty packages and rubbish. (g) Magazines shall not be provided with other than approved arti- ficial heat or light. Approved electric safety flashlights or safety lanterns may be used. (h) Blasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same magazine with other explosives. (i) Magazines shall be of two (2) types, namely: Class I and Class II. (j) Storage of explosives in quantities exceeding one hundred (100) pounds shall be in a Class I magazine, except that a Class II magazine may be used for temporary storage of a larger quantity of explosives at the site of blasting operations where such amount constitutes not more than one day's supply for use in current operations. At the end of the day's operations any remaining explosives shall be safely destroyed or returned to a Class I magazine. (k) Storage of explosives in quantities of one hundred (100) pounds or less shall be in Class I or Class II magazines, except that explosives in any quantity when stored in remote Locations shall be in Class I, bullet resistant magazines. (1) Class I and Class II magazines shall be.located away from inhabited buildings, passenger railways, public highways and other maga- zines in conformity with the provisions of the American Table of Distances for Storage of Explosives, except as provided in subsection (m), below. AMERICAN TABLE OF DISTANCES Explosives Pounds Pounds Not Over Over From Inhibited Buildings Distance in Feet When Storage It Barricaded F om From Separation Passenger Public of Railways 'Highways Magazines 2 5 5 10 10 20 20 30 30 40 40 50 50 75 75 100 100 125 125 150 150 200 200 250 250 300 300 400 400 500 500 600 600 700 700 800 800 900 900 1,000 1,000 1,200 1,200 1,400 1,400 1,600 (1) All 70 90 110 125 140 150 170 190 200 215 235 255 270 295 320 340 355 375 390 400 425 450 470 30 35 45 50 55 60 70 75 80 85 95 105 110 120 130 135 145 150 155 160 170 180 190 30 35 45 50 55 60 70 75 80 85 95 105 110 • 120 130 135 145 150 155 160 165 170 175 6 8 10 11 12 14 15 16 18 19 21 23 24 27 29 31 32 33 35 36 39 41 43 types of blasting caps in strengths through No. 8 shall be rated at one and one-half (1z) pounds of explosive per one thousand (1,000) caps. (2) "Barricaded" means that a building containing explosives is effectually screened from a magazine, building, railway, or highway, either by a natural barricade, or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine, or building, or to a point twelve (12) feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade., "Artificial barricade" means an artificial inound or revetted wall of earth of a minimum thickness of three (3) feet. "Natural barricade" means natural features of the ground, such as hills, or timber of sufficient density that the surrounding explosives which require protection cannot be seen from the magazine when the trees are bare of leaves. - (5) When a building containing explosives is not barricaded, the distances shown in the table shall be doubled. (6) "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, school, railway station, store, or other structure occupied in connection with the manufacture, transportation, storage, or use of explosives. (7) When two (2) or more storage magazines are located on the same property, each magazine shall comply with minimum distances specified from inhabited buildings, railways, and highways, and in addition they shall be separated from each other by not less than the distances shown from " Separation of Magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any two (2) or more magazines are separated from each other by less than the speci- fied "Separation of Magazines" distances, then such two (2) or more magazines, as a group, shall be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and shall comply with the distances specified from other magazines, inhabited buildings, railways, and highways. (8) This table applies only to the manufacture and permanent stor- age of commercial explosives. It is not applicable to trans- portation of explosives, or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives. (m) At the site of blasting operations, a distance of at least one hundred (100) feet shall be maintained between Class I magazines and the blast area. Class II magazines shall be kept at least one hundred fifty (150) feet from the blast area when the quantity of explosives temporar- ily kept therein is in excess of twenty-five (25) pounds and at least - 9 - fifty (50) feet when the quantity of explosives is twenty-five (25) pounds or less. (n) Packages of explosives shall not be unpacked or repacked in a magazine nor within fifty (50) feet of a magazine or in close proximity to other explosives. Opened packages of explosives shall be securely closed before being returned to a magazine. (o) Magazines shall not be used for the storage of any metal tools nor any commodity except explosives, blasting agents, and oxidizers used in compounding blasting agents. The quantity of blasting agents and oxidizers shall be included when computing the total quantity of explosives for determining distance requirements. (p) When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, of if nitroglycerin leaks from any explosive, then the person in possession of such explosive shall imme Marshal diately report the fact to the Fire and upon his authorization shall proceed to destroy such explosives and clean floors stained with nitro- glycerin in accordance with the instructions of the manufacture. Only experienced persons shall do the work of destroying explosives. SECTION VII. Storage of smokeless powder, black sporting powder and small arms primers. (a) The fire marshal may authorize the storage of smokeless powder not to exceed one hundred (100) pounds, black sporting powder not to exceed five (5) pounds, and small arms primers not to exceed twenty thou- sand (20,000), in approved establishments. Smokeless powder exceeding twenty (20) pounds shall be stored in an approved Class II magazine. Black sporting powder, when authorized shall be stored in an approved Class II magazine. Small arms primers shall be stored in a manner pre- scribed by the fire marshal. (b) The display of smokeless powder shall only bein original con- tainers and shall not exceed twenty (20) pounds. (c) Small arms primers shall not be stored or displayed with smoke- less powder or other explosives. (d) Smokeless powder shall not be repackaged except in original type containers and repackaging shall only be permitted in locations de- - 10 - signated and approved by the fire marshal. (e) The repackaging of black sporting powder shall not be permitted. SECTION VIII. Construction of Class I magazines; placement of warning signs. (a) A magazine may be a building or excavation, tunnel or igloo, or military -type magazine or a portable magazine constructed as required in this section. (b) Class I magazines shall be bullet resistant, fire resistant and well ventilated. Exception: Magazines used for the storage of blasting agents, Class B and Class C explosives need not be bullet resistant. (c) Building -type magazines shall be constructed of masonry, wood, metal or a combination of these materials when bullet resistance is re- quired. (1) Masonry units not less than eight (8) inches in thick- ness with all hollow spaces filled with concrete, well tamped sand, or equivalent material, or (2) Reinforced concrete not less than six (6) inches in thickness, or (3) Steel walls of minimum manufacturers standard gauge No.14 (.0747 inch) may be used, provided there are two (2) layers spaced at least six (6) inches apart with all hollow spaces filled with concrete, well -tamped sand or equiva- lent material, or (4) One layer of manufacturers standard gauge No.6 (.1943 inch) or heavier steel, lined on the interior with a minimum of four (4) inches of wood, or (5) Two (2) layers of manufacturers standard gauge No.6 (.1943 inch) or heavier steel, spaced a minimum one-half (1/2) inch apart and lined on the interior with a minimum of two (2) inches of wood, or (6) Two (2) layers of wood at least two (2) inches nominal thickness, each, spaced a minimum of four (4) inches apart with the hollow spaces filled with concrete, well -tamped sand, or equivalent material. (7) Portable magazines containing explosives constructed prior to the effective date of these orders, which do not meet these minimum requirements may be continued in use provided sides and ends are protected by a layer or sand- bags to the height of the eaves, or by other equally effective means. The roof shall also be protected when the magazine is located where it is possible to fire a bullet directly through it into the explosives stored inside. Note: Any sheeting used shall be tongue and groove lumber or plywood. (d) Doors shall be of bullet -resistant construction and shall be equipped with substantial and adequate means of locking. Locking de- vices shall be provided with protectors to minimize the possibility of tampering. (e) Floors of magazines shall be securely fastened in place and shall be capable of withstanding the loads imposed. (f) The roofs and exterior sides of building -type magazines may be of wood construction covered with not less than No.26 gauge metal. Roofs of building -type magazines located where it is possible to fire a bullet directly through the roof into the magazine at such an angle that the bullet would strike the explosives therein, shall be constructed according to section VIII (c), or equipped with a sand fray located at the eaves line and covering the entire magazine ceiling area except that necessary for ventilation. Sand in the sand tray shall be maintained at a depth of not less than four (4) inches. (g) Magazines shall be ventilated to minimize dampness and heating of stored explosives. Ventilation openings shall be screened with 14 mesh, No.21 gauge wire to prevent the entrance of sparks and shall be protected in a manner that will maintain the bullet resistance of the magazine. (h) Magazine interiors shall have a smooth finish with all nails, screws, bolts, and nuts countersunk or blinded. - 12 - (i) The approaches to magazines shall be provided with warning signs reading, "EXPLOSIVES --KEEP OFF" in red letters not less than four (4) inches in height and a stroke of at lease five -eighths (5/8) inch. The lettering shall be imposed upon a white background. Location of signs shall be within one hundred (100) feet of the magazine and so placed that a bullet through the sign will not strike the magazine. (j) Post an additional warning sign on the door with the letters not less than two (2) inches in height and a stroke of one -quarter (1/4) inch on a contrasting background reading "EXPLOSIVES, DANGEROUS." SECTION IX. Construction of Class II magazines. (a) Class II magazines shall be constructed of wood, metal, fiber, or a combination thereof, or any equivalent construction. (b) Class II magazines shall be well constructed as follows: (1) Two (2) inch nominal thickness lumber covered on the exterior with a minimum of No.20 manufacturers standard gauge steel, or (2) Two (2) thicknesses of one inch plywood covered on the exterior with minimum No.20 manufacturers standard gauge steel, or (3) Fiber equal in strength to wood as indicated in (1) and (2) above covered on the exterior with a minimum of No.20 manufacturers standard gauge steel, or (4) Minimum No.14 manufacturers standard gauge steel, lined on the interior with one layer of one inch thick plywood, or (5) Material of equal strength and fire resistance. (c) Class II magazines containing explosives and located in build- ings shall be located for easy removal in case of fire. (d) Class II magazines shall be painted red and when size permits shall bear lettering in white on sides and top, at least three (3) inches high with a one-half (1/2) inch stroke which reads, "EXPLOSIVES." (e) Class II magazines containing explosives, left at locations where no one is in attendance, shall be adequately secured to prevent their theft. - 13 - SECTION X. Conduct of blasting operations generally; qualifications of person handling explosives. (a) Blasting operations shall be conducted during daylight hours except when authorized at other times by the fire marshal. (b) The handling and firing of explosives shall only be performed by persons possessing a valid explosives certificate issued by the fire marshal, or by employees under his direct personal supervision who are at least eighteen (18) years of age. (c) No person shall handle explosives while under the influence of intoxicants or narcotics. (d) No person shall smoke or carry matches while handling explosives or while (e) (f) in vicinity thereof. No open flame light shall be used in the vicinity of explosives. Whenever blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or steam utilities, the blaster shall notify the appropriate representative of such utilities at least twenty-four (24) hours in advance of blasting, specifying the location and intended time of such blasting. In an emergency, this time limit may be waived by the fire marshal. (g) Blasting operations shall be conducted in accordance with nationally recognized good practice. (h) Before a blast is fired, the person in charge shall make cer- tain that all surplus explosives are in a safe place, all persons and vehicles are at a safe distance or under sufficient cover, and a loud warning signal has been sounded. (i) Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radio or radar trans- mitters, lightning, adjacent power lines, dust storms, or other sources of extraneous electricity. These precautions shall include: (1) The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electrical storm. (2) The posting of signs warning against the use of mobile radio transmitters on the roads within three hundred fifty (350) feet of the blasting operations. (3) Compliance with nationally recognized good practice when - 14 - blasting within one and one-half (12) miles of broadcast or highpower short wave transmitters. (j) When blasting is done in a congested area or in close proxim- ity to a building structure, railway, highway, or any other installation that may be damaged by material being thrown into the air, the blast shall be covered with an adequate blasting mat. (k) Tools used for opening packages of explosives shall be con- structed of nonsparking materials. (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 disposed in a manner approved by the fire marshal. (m) Explosives shall not be abandoned. SECTION XI. Use, Handling and Transportation of Explosives. (a) Explosives shall not be carried or transported in or upon a public conveyance or vehicles carrying passengers for hire. (b) Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty and shall be in good mechani- cal condition. If vehicles do not have a closed body, the explosives shall be covered with a flameproof and•moistureproof tarpaulin or other effective protection againstmoisture and sparks. Such vehicles shall have tight floors, and exposed spark -producing metal on the inside of the body shall be covered with wood or other nonsparking material to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of open -body vehicles. (c) Explosives shall not be transported on any vehicle not autho- rized by the fire marshal. (d) Every vehicle when used for transporting explosives shall be equipped with not less than one approved type of fire extinguisher with a minimum rating of 2A, 12B,C, or two (2) approved type fire extinguish- ers, one shall be (e) of which shall have a minimum rating of 12B,C so located as to be readily available for use It shall be the duty of the person to whom a issued to transport explosives over the streets of the those vehicles employed by him to determine that: Extinguishers permit has been city to inspect - 15 :- (1) Fire extinguishers are filled and in operating condition. (2) Electric wires are insulated and securely fastened. (3) The motor, chassis and body are reasonably clean and free of excessive grease and oil. (4) The fuel tank and fuel line are securely fastened and are not leaking. (5) Brakes, lights, horn, windshield wipers and steering mechanism are functioning properly. (6) Tires are properly inflated and free of defects. (7) The vehicle is in proper condition for transporting explosives. (f) Spark -producing metals or spark -producing metal tools shall not be carried in the body of a vehicle transporting explosives. (g) Only those dangerous articles authorized by the B.S. Department of Transportation to be loaded with explosives shall be carried in the body of a vehicle transporting explosives. (h) No person shall smoke, carry matches or any other flame -pro- ducing device, or carry any firearms or loaded cartridges while in or near a vehicle transporting explosives; or drive, load or unload any such vehicle in. a careless or reckless manner. (i) Vehicles transporting explosives shall be in the custody of drivers who are physically fit, careful, capable, reliable, able to read and write the English language, not addicted to the use or under the influence of intoxicants or narcotics, and not less than twenty-one (21) years of age. They shall be familiar with state and municipal traffic regulations, and the provisions of this article governing the transporta- tion of explosives. (j) Vehicles transporting explosives shall display explosives signs on both sides, front and rear conforming to the requirements of the Vehicle Code. (k) Blasting caps and electric blasting caps when transported on the same vehicle with other explosives shall be separatedfrom the other explosives by containment within a Class II magazine. - 16 - (1) Vehicles transporting explosives shall be routed to avoid congested traffic and densely populated areas. (m) Explosives shall not be transported through any completed vehicular tunnel or subway. (n) Vehicles transporting explosives shall not be left unattended at any time within the jurisdiction. (o) Unless authorized by the fire marshal, no person other than the driver and one assistant who is at least eighteen (18) years of age, shall ride on any vehicle transporting explosives. (p) The fire and police departments shall be promptly notified when a vehicle transporting explosives is involved in an accident, breaks down, or catches on fire. Only in the event of such an emergency shall the transfer of explosives from one vehicle to another be allowed on highways within the jurisdiction and only when qualified supervision is provided. Except in such an emergency, a vehicle transporting explosives shall not be parked before reaching its destination except at stopping and parking places designated and approved by the state fire marshal. (q) Delivery shall only be made to authorized persons and into approved magazines or apporved temporary storage or handling areas. (r) Vehicles containing explosives shall not be taken into a garage, or repair shop, for repairs or storage. SECTION XII.. Authority of fire marshal to designate location and specify maximum quantity of explosives or blasting agents; carrier regulations; truck terminal require- ments. (a) The fire marshal may designate the location and specify the maximum quantity of explosives or blasting agents which may be loaded, unloaded, or temporarily retained at each terminal where such operations are permitted. (b) Shipments of explosives or blasting agents delivered to carriers shall comply with the U.S. Department of Transportation regulations. (c) Carriers shall immediately notify the fire marshal when explo- sives or blasting agents are received at terminals. (d) Carriers shall immediately notify consignees of the arrival of explosives or blasting agents at terminals. - 17 - (e) Truck terminals where explosives are loaded, unloaded or transferred shall conform to the following conditions: (1) There shall be no aboveground storage tanks of flam- mable or combustible liquids or other hazardous sub- stances on the terminal property or on immediate ad- joining property, which would present a significant exposure hazard. (2) There shall be no structures or occupancies on immedi- ately adjoining property which would constitute a serious exposure hazard to the terminal. (3) The terminal property shall be.sufficiently large that dock or vehicle storage areas containing explosives shall be a minimum of fifty (50) feet from any structure on adjoining property. (4) Adequate access to adjoining streets shall be provided to and from the terminal property_ Local routes between terminals and deviations from state approved routes shall be prescribed by the fire marshal. (5) Explosives shall be kept in vehicles to the greatest ex- tent possible. During transferring or loading opera- tions, the explosives should remain on the ground or on docks for as short a time as possible. (6) Specific areas of docks shall be designated for the tem- porary "storage" of explosives, during loading or trans- ferring operations. A minimum distance shall be specified and maintained between this designated area and all other materials on the dock. Combustible storage and particu- larly flammable or combustible liquids shall be kept at the greatest possible distance from this designated area. (7) At all times, a watchman or guard shall be on duty on the terminal property, and he shall be capable of driv- ing all equipment in the area. At times when there are a substantial number of vehicles carrying explosives in - 18 - the terminal, additional persons capable of driving shall be provided. (8) Adequate security against unauthorized persons entering the terminal shall be provided. In metropolitan areas, this will require a fence and adequate gates. (9) The terminal shall be adequately lighted for normal observation of all vehicles containing explosives. (10) Adequate fire protection appliances shall be provided for the loading dock near the designated explosives area and near parked vehicles. (11) A specific area of the terminal property shall be desig- nated for vehicles containing explosives. (12) Vehicles containing any special hazard, such as mechani- cal refrigeration equipment, shall be kept separated from the area designated for the parking of explosive vehicles. (13) Shipments of explosives shall be transported without un- necessary delay, keeping the explosives in the terminal and absolute minimum length of time, not to exceed forty-eight (48) hours, excluding Sundays and holidays. SECTION XIII. Storage, handling and use of blasting agents generally. (a) Except when subject to U.S. Department of Transportation regu- lations, blasting agents shall be stored, handled and used in the same manner as explosives. (b) Any ammonium nitrate stored at a closer distance to the blast- ing agent storage area than is provided in (c) below shall be added to the quantity of blasting agents to calculate the total quantity involved for application of the American Table of Distances. (c) Minimum intro -plant separation distances between mixing units and the ammonium nitrate storage areas and blasting agent storage areas shall be in conformity with the Table of Recommended Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents as set forth in NFPA Pamphlet No.495 - .19 SECTIONXIV. Regulation of buildings of other facilities used for mix- ing blasting agents. (a) Buildings or other facilities used for mixing blasting agents shall be located away from inhabited buildings, passenger railways, and public highways, in accordance with the provisions of the American Table of Distances for Storage of Explosives, Table No.11.8. (b) Not more than one day's production of blasting agents or the limit determined by the American Table of Distances for Storage of Explosives, Table No.11.8, whichever is less, shall be permitted in or near the building or other facility used for mixing blasting agents. Larger quantities shall be stored in magazines. (c) Buildings or other facilities used for the mixing of blasting agents shall be designed and constructed in accordance with the building code. (d) Compounding and mixing of recognized formulations of blasting agents shall be conducted in accordance with nationally recognized good practice. (e) Smoking or open flames shall not be permitted in or within fifty (50) feet of any building or facility used for the mixing of blast- ing agents. (f) Empty oxidizer bags shall be disposed of daily in a manner approved by the fire marshal. SECTION XV. Requirements for vehicles transporting blasting agents. Vehicles transporting blasting agents not subject to U.S. Depart- ment of Transportation regulations shall comply with all requirements of Section XI, except that they shall be marked or placarded on both sides, front and rear, with the words "BLASTING AGENTS" in letters not less than four (4) inches in height and approximately a five -eighths (5/8) inch stroke on a contrasting background. SECTION XVI. Seizure of explosives, ammunition or blasting agents sold, stored, possessed or transported in violation of article provisions. The fire marshal may seize, take, remove,. or cause to be removed at the expense of the owner all explosives, ammunition or blasting agents - 20 - offered or exposed for sale, stored, possessed or transported in vio- lation of this ordinance. SECTION XVII. Exceptions. (a) Nothing in this ordinance shall be construed as applying to the following: (1) The armed forces of the United States or the state militia. (2) Explosives in forms prescribed by the Official United States Pharmacopocia. (3) The sale, possession or use of fireworks. (4) The possession, storage, transportation and use of small arms ammunition or special industrial explosive devices. (5) The possession, storage, transportation and use of not more than twenty (20) pounds of smokeless powder and two thousand (2,000) small arms primers for hand loading of small arms ammunition for personal use. (6) The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service or police and fire departments acting in their official capacities. (7) The wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive -actuated power tools in quantities involving less than five hundred (500) pounds of explosive material. SECTION XVIII. Incorporate into Code of Ordinances. It is the intention of the City Council, and it is hereby ordained, that the provisions of this ordinance shallbecome and be made part of the Code of Ordinances, City of Pearland, Texas, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION XIX . Penalties. Any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, of any such - 21 - violation shall be fined in any sum over Five ($5,00) Dollars, not to exceed Two Hundred ($200.00) Dollars; and each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this ordinance by any corporation, the officers and agents actively in charge of the business or such corporation shall be subject to the penalty herein provided. Any offense defined herein which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said State law, and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. SECTION XX. Severability Clause. If any provision of this ordinance, of the application thereof to any person or circumstances, is held invalid, the remainder of the ordinance, and the application of such provisions to other persons or circumstances, shall not be affected thereby. SECTION XXI. Repealing Clause. All ordinances or part of ordinances in conflict herewith are hereby expressly repealed. SECTION XXI.I. Publication. In view of the length of this ordinance the City of Pearland, City Council pursuant to the City Charter of the City of Pearland, hereby provides that the publication of this ordinance shall be by and in the form of a publication of a descriptive caption or title, stating in summary the purpose of the ordinance and the penalty for violation there- of, such publication to be in lieu of the publication of the entire ordinance. SECTION XXIII. Effective Date. This ordinance shall take effect andbe in force on the tenth (loth) day after the publication in the official City newspaper of the City of Pearland, Texas. Passed and approved on First Reading this 9 day of June , 1975. ATTEST: CITY OF PMRLAND, TEXAS // ,A/e;:-/ )7fiifj/ City Secretary7MAYO Voting Record: "aye" - Councilmen Gjiffin, Reid, Farley and Frank. - "no" - None G Councilman Sanders absent. Ir Passed and approved on Second and Final Reading this 23 day of June , 1975. ATTEST: Lyt__<\D City Secretar CITY OF PEARLAND, TEXAS BY: ii 'i✓, )/ tL� a MAYOR Voting Recofd; "aye" - Councilmen Griffin, Farley, Reid, Frank & Sanders " no" Approved as to form: CITY ,AJENEY None Publication date: June 26, 1975 Effective Date: July 6, 1975 SUBURBAN PUBLICATIONS, INC. P.O. BOX 770 FRIENDSWOOD, TEXAS 77546 482-7501 AFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public -in and for the County of RYv , and the State of Texas, on .this day personally appeared: Donald E. Carpenter, who after being duly sworn, says that he is the President of Suburban Publications, a weekly newspaper published in said County and State, and that the publication, of which the annexed is a true copy, was published to -writ: OALS:ta-ne_ei j®9r "clic 71 C ORDINANCE NO 30g^ Ai, ordinance. orthet City ;of ". PenlandTexas, ::-regulating c.and, governing the manufacture, posses Sion, storage, sale, transportation. 5 is 3 end use of explosive and blasting i, agentswitbin the corporate limits of y the, City at'Pearland,. Texas; daj; defining terms;, providing for. enforcement of this ordinance, re1Nirmg-permits. and prescribing. /j feee;'.providing for certain exemp ": dons; providing pemdtyfor the `. violation of any of the terms of said ordinance; providing for the repel„ l of all* ordinances - or `;parts . ofr 'ordinances in conflict herewith; ,providing [•':savings clause;' tr: providing an .effective:- date and i -containing other Provisions relating. I, to the subject: / • Be it :ordained by the City %; Council -:of_ the City. of -Pearlised, Texas�j;. -. Sector[ L Scope of Ordinance [al The provisions of this ordinance shall % apply:. to the -'-'manufacture,. possession, storage, sale, transportation,1,apd ,use r.of_" explosives and., blasting agents M1 }w[tIda the CorPoV limits of the -s a[y of Pa ulen• , exas. = '"" ''•� ibl This.ordinance is hereby„ declared to beremedial, and shall be'+ construed as being consistent with nationally recognized good' practice.. for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosives. • lc) No provision of -' this ' `. ordinance shall be held to deprive any Federal or State agency, of any power or authority which it had on y the effective datesof this ordinance 1 •or of any remedy then existing for the enforcement of its orders; nor shall it deprive any person of its legal rights as provided by law. -- Section XIX. Penalties. I Any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of this ordinance shaff. be deemedgu➢ty of misdemeanor and upon conviction,: of any such violation shall be fined in any sum over Five - [35.001 Dollars, not to. exceed, Two. Hundred [3200.001 -Dollars; -and each day during whichr such violation- continues shall - constitute a- separate and distinct.; offense. In any ease of a violation of 'any of the terms or provisions, of this ordinance by any corporation,': The officers and agents actively in - charge of the businessor such corporation shall be subject to thew penalty herein 'provided. . Any' offense defined herein- which has:= been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said State Si ; law, and nothing herein shall be held"z onald E. Carpen President before me, this the A.D. !%?r Not ahiv Public in And for the County of State of Texas