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HomeMy WebLinkAboutOrd1962-308 I CITY OF SEWARD STATE OF ALASKA ORDINANCE NO. 308 AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 4.300, 4.301 AND 4.302, AND ADDING NEW SECTIONS 4.303, 4.304, 4.305, 4.306, 4.307 AJID 4.308 OF THE CODE OF ORDINANCES RELATING TO TIlE HANDLING AND TRANSPORTING OF EXPLOSIVES WITHIN THE CITY OF SEWARD. THE CITY OF SEWARD, AI..ASKA, ORDAINS: That Sections 4.300, 4.301 and 4.302 of the Seward General Code be and the same hereby are repeR1ed and reenacted, and new Sections 4.304, 4.305, 4.306, 4.307 and 4.308 are enacted as follows: Section 4.300 HANDLING OF EXPLOSIVES (a) It shall be unlawful for any person or firm to discharge, load, tr~nsport, handle or use any explosives within the city limits of the City of Seward without first obtaining an appropriate permit from the City Manager and, where applicable, from the U. S. Coast Guard Captain of the Port, as hereinafter provided; nor shall any explosives be discharged on or loaded from any wharf, pier, dock or vessel within the city limits without such permits. Any explosives authorized for such handling must be immediately removed from the wharf, pier or dock area unless a special authorization permit is obtained from the City Manager and the Captain of the Port to defer such immediate removal. The City Manager shall be authorized to issue any explosives handling permit upon such terms and conditions as he may deem appropriate in the public interest. 1iowever, any person or firm seeking to obtain such permit, other than any bureau, department, agency or arm of the United States Government, or of the government of the State of Alaska (the Federal and State Governments being considered to be self insurers), shall pay a permit fee and furnish a bond or, in lieu thereof, evidence of liability insurance, in the sums and manner herei.nafter provided; and shall further be required to -1- r-' execute a document of indemnity as hereinafter provided. No permit issued by the City van!'ger sh.'\11 extend beyond 24 hours, and a permit fee of $5.00 shall accompany each application, except as hereinabove pro- vided. (b) For the purpose of this Ordinance, until the ownership of The Alaska Railroad is turned over to private enterprise for operation, it shnll be held to be a Pure au of the Department of the Interior, and hence an .~rm of the United States Government. Thus when The Alaska Railroad engages in explosives handling activities, it shall not be required to furnish bond or evidence of insurance coverage, nor be re- quired to execute a document of indemnity :I.n fl:lvor of the City for any loss or damage resulting from such explosives handling. Nevertheless, The Alaska Railroad shall coordinate such Activities with the City, and the Coast Guard Captain of the Port where applicable, by obtaining the aforementioned explosives handling permit or permits. In addition, when The Alaska Railroad, as a common carrier, performs explosives handling activities for third-party consignors or consignees, such clients or customers of The Alaska Railroad shall be required to pay the aforementioned d!:lily permit fee to the City, for 1111 explosives handled in or transported through the City of Seward. However, no person or firm shall be required to procure more than one daily permit for any given shipment of explosives. (c) ''Explosives'', for the purposes of this Code, shall be deemed to include any chemical compound or mechnical mixture commonly used or intended for the purpose of producing an explosion, that contains any oxidizing or combustible units for ignition by fire, friction, concussion, percussion or detonation, so as to cause such a sudden generation of highly heated gases that the resultant pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb. "Explosives", as used herein, shall include all "Class A" or dangerous explosives, as outlined in 46 Code of Federal Regulations 146, and shall further include detonators and fuses. "Explos:l.ves", as used in this Ordinance, shall not include -2- r inflamable, combustible or corrosive liquids or solids, or compressed gases, poisons or ~adioactive or other hazardous materials not covered in the description above. Section 4.301 BOND OR INSURANCE REQUIREMENTS; DOCUMENT OF INDEMNI1Y (a) Before any explosives handling permit is issued by the City Manager to any applicant other than a bureau, department, agency or arm of the United States Government, or the government of the State of Alaska, the applicant shall furnish a bond in an amount deemed adequate by the City Manager, which bond shall become available in the payment of any damage to public or private property and the pay- ment of any personal injuries resulting from such handling. The obligation shall be such that the City of Seward 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 Subparagraph (a) above, the applicant may furnish the City of Seward with Certificates of Insurance (with stipulation thereon that the City will be given fifteen (15) days' notice of intent to cancel) evidencing liability coverage in an amount deemed adequate by the City Manager, but (i) Not less than $100,000 of bodily injury liability coverage per individual and $300,000 per accident, nor less than $25,000 of property damage liability coverage. The applicable Certificate of Insurance must 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 Subparagraph (c) of this Section 4.301 has been incorporated into and made part of the applicable insurance policy; and (ii) Workman's Compensation insurance in accordance -3- r- with the laws of Alaska (required whether hazard is covered by bond or insurance). (c) In addition to compliance with the provisions of this section outlined above, an applicant for an explosives handling permit shall be required to furnish the City of Seward with an exe- cuted 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. Section 4.302 LOADING OR DISCHARGING EXPLOSIVES (a) It shall be unlawful for any water carrier to tie up at any dock within the city limits of the City of Seward carrying a greater limit of explosives than from time to time authorized for the 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 of Seward, 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 (7) 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 Explosive Handling Supervisor on the scene at the proper time. The Captain of the Port is to be notified at the Seventeenth Coast Guard District Head- quarters, P.O. Box 2631, 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 OD aircraft must be accomplished in accordance with the -4- r- applicable provisions of this ordinance, of the Interstate Commerce Commission Explosives handling regulations promulgated in 49 Code of Federal Regulations 71 through 78. and of other applicable federaJ and state regulations. Section 4.303 PORT SECURITY CARD Anyone working on explosives shipments around the waterfront within the city limits of the City of Seward shall be required to have previously been issued a Port Security Card by the U. S. Coast Guard, as an identification credential of evidence that the bearer is not considered inimical to the security of the Port area or of the United States. Section 4.304 HOURS OF DISCHARGE; DISPLAY OF DANGER SIGNALS; SUPERVISION OF EXPLOSIVES HANDLING. (a) It shall be unlawful for any person to load or discharge any explosives into or from a vessel in the Port of Seward unless, during such loading or discharging operation. a red flag is displayed at the fore topmast head as a danger signal; and. during the time any such explosives are being loaded into or discharged from any vessel. no fire or welding operations or smoking shall be permitted on board such vessel; provided. however. in case of steam ve~sels. fire may be allowed in the furnaces. but any such explosives shall be discharged or loaded as far from the center of the fire boiler area as possible. In the discretion of the Captain of the Port or his designee any of the foregoing provisions of this section may be modified or suspended. or additional provision devised and enforced. (b) In the absence of a Coast Guard Explosive Handling Supervisor being assigned to the explosives handling activity. a properly qualified watchman or supervisor designated by the Seward City Manager shall supervise the operation as to safety precautions and proper handling. and this service must be maintained at the -5- r- expense of the owners of such explosives cargo. in order to safeguard the public. Section 4.305 BLASTING; PERl'ITT REQUIRED; BOND REQUIRED ; FURNISHING AND PAYING FOR SAFETY SUPERVISION. No person shall blast or carry on any blasting operations with- out first having obtained a written permit from the Seward City Manager. Before any such permit is issued. the applicants therefor shall comply with the provisions of Section 4.301 as .to bonding or insurance. furnishing evidence of Workman's Compensation coverage. and execution of the document of indemnity. In addition to the above requirements. the City Engineer. or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling. shall be in attendance at the scene of operations while blasting is being performed, and the applicant shall reimburse the city for the cost of providing such safety inspection and supervision. Section 4.306 STORAGE OF EXPLOSIVES IN SEWARD PROHIBITED It shall be unlawful to store any explosives. as hereinabove defined. within the incorporated limits of the City of Seward. Section 4.307 SAFETY PRECAUTIONS AND PRACTICES In all E'xplosives handling. all ~afety precautions prescribl'!d by Underwriters Laboratories and Standard Practices for the handling of explosives. detonators and fuses must be observed. Section 4.308 PENALTIES FOR VIOLATION Any person who violates any of the provisions of this Ordinance shall be deemed guilty of misdemeanor. and upon conviction thereof shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not more than thirty (30) days. or by both such fine and imprisonment. Each act of 'riolation and E'very day upon which any such violation shall occur shall constitute a separate offense. -6- *"'AAJ.A'/,***** Publication of this Ordinance shall be by posting a copy hereof on the City Hall Bulletin Board for a period of ten (10) days follow- ing its passage and approval. First reading 15 December. 1961, Second resding 5 January, 1962. Passed and approved by the City Council of the City of Seward, Alaska, this 5th day of March, 1962. c;:?~a ~~ erry R. Stockton, llayor. Attest: YJ--ci:z<~. ';( V k~- Peatrice E. Watts City Clerk-Treasurer Approved as to form: City Attorney =7=