Chapter 8.20
EXPLOSIVES
Sections:
8.20.040 Permit—Issuance—Revocation.
8.20.060 Bond—Public officers need not furnish.
8.20.070 Storage outside of town.
8.20.080 Qualifications of persons handling explosives.
8.20.100 Miscellaneous provisions.
8.20.120 Where chapter not applicable.
8.20.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word “shall” is always mandatory and not merely directory.
“Explosive” means and includes any chemical compound or chemical mixture that contains any oxidizing or combustible units or other ingredients in such proportion, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of prodestructive effects on contiguous objects or of destroying life or limb. “Town” means the town of Rainier.
“Treasurer” means the treasurer of the town of Rainier. (Ord. 21 § 1, 1956)
8.20.020 Permit—Required.
It is unlawful to keep or store, or permit to be kept or stored, used or transported, any explosives within the town without first complying with the laws of the state of Washington and obtaining a permit therefor from the treasurer, and without complying with all of the provisions of this chapter relating to explosives and the handling, storage, use and transportation thereof. (Ord. 21 § 2, 1956)
8.20.030 Permit—Application.
A. No person shall handle, store, use or transport explosives within the town without first obtaining a permit to do so. At the time said permit is applied for they shall furnish the treasurer with accurate information as to the kind and quantity of explosives to be handled. stored, used, or transported, and the disposition to be made of the same; the vehicle or conveyance in which the same are to be transported; the names and number of persons in charge; and the route or routed to be traveled: the length of time for which the permit is desired; the class of magazine kept or stored; and such other reasonable information as may be desired by the treasurer, all of which shall be in which such explosives are to be incorporated in the permit.
B. This section shall not apply to railroads or other transportation companies that are hauling explosives through the town or are delivering the same as articles of commerce to consignees within the town. (Ord. 21 § 4, 1956)
8.20.040 Permit—Issuance—Revocation.
Permits to handle, store, use or transport explosives within the town shall not be issued for a longer period than thirty (30) days, and the treasurer is authorized to revoke any such permit upon violation by the holder thereof of any of the provisions hereof relating to the handling, storing, use or transporting of explosives. (Ord. 21 § 5, 1956)
8.20.050 Bond.
A. No permit for keeping, storing, use, handling or transportation of explosives within the town shall be issued, except as otherwise provided in this chapter, until the applicant therefor shall have furnished a good and sufficient surety bond in such amount as may be determined by the town council, approved by the mayor, and approved as to form by the town attorney, and conditioned:
1. First. That the applicant will abide by the terms and conditions of this chapter and the laws of the state of Washington relating to the handling, keeping, storing, use and transportation of explosives, and will save harmless and indemnify the town for any and all loss or damage of any kind or character which may be suffered by said town by reason of or resulting from the keeping, storing, use, handling or transportation of said explosives;
2. Second. To save harmless and indemnify the town from any and all loss, damage, actions and claims of any kind or character which my accrue to or be suffered by any person by reason of or resulting from the keeping, storing, use, handling or transportation of said explosives;
3. Third. To save harmless and indemnify any and all persons for any and all loss or damage of any kind or character which may be suffered by them by reason of or resulting from the keeping, storing, use, handling or transportation of said explosives.
B. The obligations under the bond shall not be terminated before sixty (60) days from the date of written notice to the treasurer that the keeping, storing, use, handling or transportation of said explosives has been terminated. (Ord. 21 § 6, 1956)
8.20.060 Bond—Public officers need not furnish.
Public officials and employees using, keeping, storing, handling or transporting explosives in connection with public work shall not be required to furnish a bond specified in Section 8.20.050, but shall be subject to all other provisions relating to explosives. (Ord. 21 § 7, 1956)
8.20.070 Storage outside of town.
Every person, firm or corporation in the town engaged in the business of handling, storing, using or transporting explosives shall establish one central loading station situated outside the town, where delivery shall be made to customers. (Ord. 21 § 3, 1956)
8.20.080 Qualifications of persons handling explosives.
No permit shall be issued for the handling, storing, use or transportation of explosives within the town unless it is shown to the satisfaction of the treasurer that the person who is to handle, keep, store, use or transport said explosives is over the age of twenty-one (21) years, able to speak, read and write the English language, possessed of good sight and hearing, good habits, intelligence, reliability and judgment, and which have had no less than two years’ experience in the work, shall be familiar with the necessary precautions to be taken incident to the service to be performed by him. The habits, appearance and fitness of such persons shall be certified to by someone who has known the applicant for a period of at least one year and whose judgment is considered competent and reliable to the treasurer. (Ord. 21 § 8, 1956)
8.20.090 Blasting.
All permits for blasting within the town shall limit the time for blasting to the hours from eight a.m. to five p.m., unless it is shown to the satisfaction of the treasurer that blasting at other times during the day would be just as safe. Before any explosives are used, or a blast is set off, the persons using the explosives shall take every precaution to clear all people from the area where the explosives are being used, and to warn all persons living near the area where the explosives are being used, and shall take all other proper steps to protect said persons and their property from any possible harm which may occur from the use of said explosives. (Ord. 21 § 9, 1956)
8.20.100 Miscellaneous provisions.
Whenever explosives are handled, stored, used or transported within the limits of the town, the following miscellaneous provisions, in addition to the provisions contained elsewhere in this chapter and the laws of the state of Washington, shall apply:
A. All explosives coming within the town shall be of known quality and of standard manufacture. Such explosives shall be packed and marked in compliance with the Interstate Commerce Commission’s regulations governing the transportation of explosives, as formulated and published from time to time.
B. All explosives shall be kept apart and away from fire or artificial light, other than electric flashlight or electric lantern, and no person shall have, drop, throw, or leave any fire, lighted match, cigar, cigarette, or pipe ashes within fifty (50) feet of any magazine or receptacle containing explosives.
C. Explosives shall not be exposed to the weather or to the direct rays of the sun, nor shall any explosive or any grains or particles thereof be left or permitted to remain on the outside of or about the containers in which the same are encased or enclosed.
D. If any explosive shall deteriorate so as to be in a dangerous condition, or if any nitroglycerine shall leak out of any explosive, the person to whom the permit for the handling, storing, using supporting of such explosives has been issued shall immediately notify the fire marshal and shall cause said explosive to be disposed of such manner as the fire marshal may require.
E. No person shall discharge any firearm at or in the neighborhood of explosives. (Ord. 21 § 10, 1956)
8.20.110 Unlawful explosives.
It is unlawful for any person to handle, store, use or transport within the town any of the following named explosives:
A. Liquid nitroglycerine;
B. Any explosive containing over sixty (60) percent nitroglycerine, except gelatine dynamite;
C. Gelatine dynamite equal in strength to dynamite containing more than seventy-five (75) percent nitroglycerine;
D. Any explosive having a nonretentive absorbent or one that permits leakage of nitroglycerine under any condition liable to exist during the handling, storage or transportation of the same;
E. Nitrocellulose in a dry condition in quantity greater than ten pounds in one exterior package;
F. Fulminate or mercury in bulk in a dry condition, and fulminate or any other metal in any condition except as a compound of manufactured articles not prohibited within the town;
G. Any explosive containing an ammonium salt and a chlorate. (Ord. 21 § 11, 1956)
8.20.120 Where chapter not applicable.
None of the requirements hereof relating to the handling, storage, use and transportation of explosives shall be construed as applying:
A. To gunpowder in closed metal receptacles of a capacity not exceeding one pound each, of a total quantity not exceeding fifty (50) pounds, when plainly marked “Gun Powder” and when kept at all times in view near the entrance to the premises;
B. To munitions of war when the same are under the direct control and jurisdiction of the Army and Navy of the United States, or to military supplies of the state of Washington under the direct control and jurisdiction of the National Guard of the state of Washington, where the rules and practices of the federal government and/or the state of Washington would be affected adversely thereby;
C. To the fire or police department in the proper performance of their duties;
D. To gasoline, kerosene, fuel oil and other petroleum products not usually classed as explosives. (Ord. 21 § 12, 1956)
8.20.130 Violation—Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punished with a fine of not more than one hundred dollars ($100.00), or by imprisonment of not more than thirty (30) days, or by both said fine and imprisonment. (Ord. 21 § 13, 1956)