The Girard municipal code shall include by adoption of the 1993 edition of the National Fire Protection Association 495 Explosive Materials Code (NFPA495), K.A.R. 22-4-2 through 22-4-4,and applicable federal regulations to include Title 27 of the Code of Federal Regulations, shall be complied with in all matters concerning the manufacture, storage, possession, transportation, sale, and use of explosives or blasting agents within the city; the regulation providing the higher level of safety shall apply.

(Ord. 1088, 4.3-010)

The city administrator or agent, is designated to administer this article as provided herein. In addition, the fire and police departments shall have authority to enforce regulatory provisions set forth herein provided further the city administrator shall be notified of any enforcement action taken.

(Ord. 1088, 4.3-030)

Permit whenever used in the section means the written authority of the city administrator, fire department, or police department issued pursuant to this section to manufacture, possess or sell, transport or to use an explosive or blasting agent.

(Ord. 1088, 4.3-040)

This section shall apply to all persons, firms, corporations, co-partnerships, governmental agencies, and associations storing, handing, or using explosive or blasting agents and to the owner or lessee of any building, premises, or equipment in or on which explosives or blasting agents are stored, handled, or used. A permit will not be required to transport explosives or blasting agents that are not being shipped from, or delivered within the corporate boundaries of the city, provided they are being transported in accordance with applicable regulations of other governmental agencies having jurisdiction, including the Federal Department of Transportation.

(Ord. 1088, 4.3-050)

The provisions of this section shall be applicable to private as well as public property.

(Ord. 1088, 4.3-060)

A permit issued pursuant to this section shall be obtained from the city administrator for any of the operations listed below in order to achieve greater fire safety and protection of the public provided all permits shall be acknowledged and approved in writing by the city fire department:

(a)   To manufacture, possess, store, keep, sell, or otherwise dispose of any explosives, special industrial explosive materials or blasting agents;

(b)   To maintain any facility for loading, unloading, reloading, or transshipment of explosives or blasting agents, or the temporary retention of explosives or blasting agents in connection therewith;

(c)   To keep on hand any quantity of explosives or blasting agents in industrial research laboratories and laboratories of technical institutes, colleges, universities, and similar institutions.

(Ord. 1088, 4.3-070)

Before a permit as required shall be issued, the applicant for such permit shall secure and maintain: Workers Compensation, Statutory Coverage shall be provided:

Before a permit shall be issued, the applicant shall furnish to the city a scaled drawing accurately showing the surrounding land indicating improvements thereon and all dimensions and distances relative thereto. The scale drawing shall show distances to all houses, buildings, or other facilities within 500 feet of the blasting or demolition work. The drawing accompanying an application for a permit to store explosives or blasting agents must show distances to buildings and other features in accordance with the American Table of Distances for Storage of Explosives. All permit applications which are not accompanied by a scale drawing shall be refused and will not be considered until such scale drawing accompanies the application or permit. In addition, the city administrator shall have authority to establish additional written standards for the submission of scaled drawings or other portions of the applications process. The applicant shall pay a fee of $100 to the city to apply for a permit.

(Ord. 1088, 4.3-080)

All permits issued in accordance with the provisions of this section shall, when reissued, be subject to any amendments hereafter made to this section.

(Ord. 1088, 4.3-090)

Permits as required shall not be issued for any building or structure that is occupied as a dwelling, school, theater, hotel, sanitarium, hospital, or other place of public assembly, where the building or structure is artificially lighted by any means other than electricity, or for Group H, High Hazard occupancies as defined in the Uniform Building Code.

(Ord. 1088, 4.3-100)

Permits required shall not be issued for any building or structure that is occupied as technical institute, college, university, or similar institution, except that permits may be issued for school buildings used for research or for laboratories.

(Ord. 1088, 4.3-110)

Permit shall not be transferable.

(Ord. 1088, 4.3-120)

Each permit granted by the city shall be valid for such a period as may be specified but not to exceed one year, and shall be required for each operation listed.

(Ord. 1088, 4.3-130)

Separate and distinct permits shall be required for each operation listed.

(Ord. 1088, 4.3.140)

Application for a permit to construct or erect facilities for the storage, handling, or use of explosives or blasting agents required in this section shall be made in writing to the city administrator. The city administrator shall insure the applicant has a valid user’s permit and storage permit as issued by the State Fire Marshal and 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 section, a statement to that effect shall be included on the application and the application signed by the person making the inspection. The city administrator shall thereupon issue a permit as applied for. The city administrator or agent may inspect premises, buildings, installation, or equipment in conformance with the applicable law for the storage, handling, or use of explosives or blasting agents. If a violation of this section is found to exist, the city administrator or agent shall file with the owner, occupant, or operator a notice citing the violation and ordering its correction within a specified time period. If such order is not complied with, the city administrator shall suspend the permit issued for such facility.

(Ord. 1088, 4.3-150)

All blasting operations shall be carried out only by skilled and experienced personnel who are currently licensed by the State of Kansas to conduct blasting operation. When blasting is to take place within 500 feet of a house, building, or other structure, the application for the permit must be accompanied by a blasting plan for the blasting operations. This blasting plan shall include specific information on the blasting operation, such as charge weights, delays, depths, patterns, protective mats or coverings required seismographic monitoring, pre-blast surveys, and notification of nearby facilities, the blasting operations shall be carried out in such a manner that they will not cause fly rock or damage from air blast over pressure or ground vibration. Seismic recordings may be required by the city administrator. The maximum peak participate velocity at any such recording site must not exceed one inch per second in any one of three mutual perpendicular directions. Proposed specific location(s) of the seismic recording(s) shall be included in the blasting plan. A daily blasting log and storage log, if applicable, must be kept for all blasting operation and be made available for inspection by the city administrator or other authority having jurisdiction.

(Ord. 1088, 4.3-160)

An owner, lessee, agent, operator, or occupant aggrieved by any order or permit issued pursuant to this article may file an appeal to the city council. The appeal shall be in written form and shall be made to the city administrator. The city administrator shall cause the appeal to be heard at the next regular city council meeting. Such appeal shall not stay the execution of such order until it has been heard and reviewed, vacated or confirmed. The city council shall at such hearing confirm, modify, revoke, or vacate such order. Unless revoked or vacated, such order shall then be complied with. Nothing contained in this section shall be deemed to deny the right of any person, firm, corporation, co-partnership, or voluntary association to appeal from an order or decision of the city council.

(Ord. 1088, 4.3-170)

Any person who fails to comply with the provisions of this article, with an order of the city administrator, or other authority having jurisdiction pursuant hereto and from which no appeal has been taken within the time fixed therefore shall be fined not less than $100 or more than $500. The imposition of one penalty for the violation of such order shall not excuse the violation or permit it to continue.

(Ord. 1088, 4.3-180)

The city hereby declares that should any sections, paragraph, sentence or word of this article be declared for any reason to be invalid, it is the intent of the city that it would have passed all other portions of Ordinance No. 1088 independent of the elimination here from of any portion as may be declared invalid.

(Ord. 1088, 4.3-1980)