HomeMy WebLinkAboutOrd1991-648
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Sponsored by: Schaefermeyer ~. ~
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY )Jb~~'
OF SEWARD, ALASKA, AMENDING TITLE 9, ARTICLE 3, ~.
EXPLOSIVES, OF THE SEWARD CITY CODE
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WHEREAS, many of the Seward City Code provis ons regulating
the discharge, loading, transporting and handling explosives are
contained within the Uniform Fire Code which w s adopted by the
City Council; and
CITY OF SEWARD, ALASKA
ORDINANCE NO. ~ ItA r
WHEREAS, it is desirable to delete thos sections of the Code
which restate or are in conflict with the U iform Fire Code; and
WHEREAS, the Administration wishe to set the fees for
explosives permits at a level which wo ld recoup administrative
costs of issuing the permits; and
WHEREAS, the Administration f rther desires to amend the
required minimum insurance amounts to more realistically reflect
the risk involved in handling exp osives within the city;
NOW, THEREFORE, THE CITY C
HEREBY ORDAINS that:
CIL OF THE CITY OF SEWARD, ALASKA
Section 1. Title 9, rticle 3, Sections 9.15.310 through
9.15.320, are hereby repea ed and re-enacted to read as follows:
Ex losives
9.15.310 Pits. A. It shall be unlawful for any
person to disch rge, load, transport, handle or use any
explosive wit n the city without first obtaining an
appropriate ermit from the Fire Chief and, where
applicable, from the U. S. Coast Guard captain of the
port; nor all any explosives be discharged on or loaded
from any harf, pier, dock or vessel within the city
without uch permits.
. Permit Fee. Any person wishing to obtain an
expl sives handling permit as described in subsection A.
abo e shall submit an application to the Fire Chief on a
f supplied by the city and shall pay a permit fee of
$100 plus the actual cost of any city personnel or
equipment required to comply with the provisions of this
Code and the Uniform Fire Code.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 646
9.15.315 Bond or insurance requirements: document
of indemnity. A. Before any explosives handling permit
is issued by the Fire Chief to any applicant other than
a bureau, department, agency or arm of the United States
government, or the government of the state, the applicant
shall furnish a bond in an amount deemed adequate by the
Fire Chief, which bond shall become available in the
payment of any damage to public or private property and
the payment of any personal injuries resulting from such
handling. The obligation shall be such that the city is
held free from all liability from accidents or injuries
to persons or property arising out of the work for which
the permit is issued.
B. In lieu of the bond indicated in subsection A.
of this section, the applicant may furnish the city with
certificates of insurance, with stipulation thereon that
the city will be given fifteen days' notice of intent to
cancel, evidencing liability coverage in an amount deemed
adequate by the Fire Chief, but not less than one million
dollars ($1,000,000) of bodily injury liability coverage
per individual and three million dollars ($3,000,000) per
accident, nor less than one million ($1,000,000) property
damage liability coverage. The applicable certificate of
insurance shall clearly show that the property damage
liability coverage includes hazards from explosion,
collapse and damage to underground wires, conduits,
pipes, fittings, mains, sewers or other similar property.
Such certificate shall further clearly indicate that the
document of indemnity required pursuant to the provisions
of subsection D. of this section has been incorporated
into and made part of the applicable insurance policy.
C. Each applicant, whether covered by bond or
insurance, must furnish proof of workmen's compensation
insurance in accordance with the laws of the state of
Alaska.
D. In addition to the bond and/or insurance
outlined above, the applicant shall be required to
furnish the city with an executed document of indemnity
saving the city harmless against any loss or damage due
to the negligence of the permittee while the explosives
handling activity is being performed.
9.15.320 Loading or discharging generally. A. It
shall be unlawful for any water carrier to tie up at any
dock within the city carrying a greater limit of
explosives than from time to time authorized for the
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 646
various docks within the city by the U. S. Coast Guard
captain of the port.
B. It shall be the responsibility of the vessel
master or agent to notify the Coast Guard captain of the
port in writing of explosives shipments entering or
leaving via the port, and to secure a Coast Guard permit
to load or discharge explosives. A separate permit is
required for both the loading and discharge operations.
Application for the permit, together with a manifest and
a cargo stowage plan, must be submitted to the Coast
Guard captain of the port not less than seven working
days prior to the desired date of loading or unloading of
the explosives in order that arrangements can be made to
have a Coast Guard explosives handling supervisor on the
scene at the proper time. The captain of the port is to
be notified at the Seventeenth Coast Guard District
Headquarters in Juneau, Alaska. Telephone or telegraphic
notice may be utilized in emergency circumstances
requiring shorter notice; however, written application
must follow as soon as practicable thereafter.
C. All explosives loading, unloading and movement
via railroad, truck or other land transport, or loading
or unloading of explosives on aircraft shall be
accomplished in accordance with the applicable provisions
of this chapter, of the Interstate Commerce Commission
explosives handling regulations promulgated in 49 Code of
Federal Regulations 71 through 78, of the Uniform Fire
Code, and of other applicable federal and state
regulations.
Section 2. Title 9, Article 3, Sections 9.15.325 through
9.15.335, are hereby repealed.
Section 3. Title 9, Article 3, Section 9.15.340, is hereby
renumbered to Section 9.15.325.
Section 4. Title 9, Article 3, Section 9.15.345, is hereby
repealed.
Section 5. Title 9, Article 3, Section 9.15.350, is hereby
renumbered and moved to Article 4. Petroleum and Gas Storage,
Section 9.15.400.
Section 6. This ordinance shall take effect ten (10) days
following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this day of , 1991.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 646
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda S. Murphy, CMC/AAE
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
DAVID L. HILTON, MAYOR
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
Fred B. Arvidson
City Attorney
Introduced By:
Introduction Date:
Public Hearing &
Enactment Date:
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