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HomeMy WebLinkAboutOrd1998-003 I I I Sponsored by: Gifford Introduction Date: March 9. 1998 Public Hearing Date: March 23. 1998 CITY OF SEWARD, ALASKA ORDINANCE NO. 98-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 9, CHAPTER 9.15, FIRE PREVENTION, ARTICLE 3, EXPLOSIVES WHEREAS, Chapter 9.15 of the Seward City Code, Fire Prevention, has not been updated since 1962; and WHEREAS, it is in the public interest to update the City Code to conform with other City ordinances, policies and procedures; and WHEREAS, the amendments include a permit fee increase to offset actual city expenses of processing and enforcing the permit, provide for an annual permit for permanent storage and long-term use of explosives in specified zones and extend the permit time frame from 24 to 72 hours to accommodate shipping requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Chapter 9.15, Article 3. Explosives, is hereby amended to read as follows: Article 3. Explosivesl 9.15.310 Permits. A. It shall be unlawful for any person to discharge, load, transport, handle, use and/or store any explosive within the city 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 without such permits. Any explosives authorized for such handling shall 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. 1 See Sec. 7.10.529 as to explosives in the small boat harbor; see Sec. 10.10.040 as to discharge of fireworks; see Sec. 11.25.075 as to transportation of explosives within the city. The city manager shall be authorized to issue any explosives handling permit upon such terms and conditions as he/she may deem appropriate in the public interest. However, any person 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, 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 hereinafter provided; and shall further be required to execute a document of indemnity as hereinafter provided. Permits for discharge, loading, transport, handle and short term use (up to 72 hours) shall not extend beyond seventy-two hours, and a permit fee as set by resolution shall accompany each application, except as herein above provided. Permits for permanent storage and for long term use (exceeding 72 hours) shall not extend over a year. All requirements of the Uniform Fire Code Article 77 and Appendix VI-E are mandatory and a permit fee as set by resolution shall accompany each application for storage except as hereinabove provided. Permits may be specific as to location of discharge, loading, transport, handling, use and/or storage. B. When the Alaska Railroad engages in explosives handling activities, it shall not be required to furnish bond or evidence of insurance coverage, nor be required to execute a document of indemnity in favor 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 permit fee to the city for all explosives handled in or transported through the city. However, no person shall be required to procure more than one permit for any given shipment of explosives. C. "Explosives," for the purpose of this code, shall be defined in the Uniform Fire Code in Part II, Article 2 and Article 77. "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. "Explosives," as used in this article, shall not include inflammable, combustible or corrosive liquids or solids, or compressed gases, poisons or radioactive or other hazardous materials not covered in the description above. (Ord. 308, 1962; Ord. 612, ~ 5, 1989) D. Documentation of the following items must be presented to the City Manager for issuance of a permit: 1. A bond or a certificate of insurance as set out in section 9.15.315. The permit will be revoked if the bond or insurance coverage is canceled; 2. A schedule of loading, unloading, transporting, etc., of the explosives; 3. Amount and type of explosives, blasting agents, etc., to be transported, loaded, discharged, used or stored; 4. Provide examples of the markings on the containers; 5. Copy of ship's manifest and cargo stowage plan, if applicable. Vehicle traffic will need to provide a copy of shipping documents and travel route; 6. Copy of City of Seward Terminal Use Permit, to be obtained from I I I 7. the Harbor Master's office, if applicable; Contact person(s), phone numbers, address; a. Company name and contact person, phone number(s) b. Site personnel, name, phone number(s); A document of indemnity must be signed and notarized. 8. 9.15.315 Bond or insurance requirements; document of indemnity. A. Before any explosive 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, the applicant shall furnish an indemnity bond in an amount and with sureties deemed adequate by the City Manager, which bond shall become available for the payment of any damage to public or private property and the payment of any personal injuries resulting from such handling. B. In lieu of the bond indicated in Subsection A. of this section, the applicant may furni sh 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 City Manager: 1. Certificate of insurance proving coverage not less than $1,000,000 against bodily injury liability per individual, per accident, and against property damage liability, or as determined by the City of Seward's risk manager. 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. 2. Workmen's compensation insurance in accordance with the laws of the state, 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 with an executed document of indemnity with adequate sureties saving the city harmless against any loss or damage. Including attorney fees from accident, or injuries to persons or property arising out of the work for which the permit is issued. (Ord. 308, 1962) D. Any insurance required under this section shall include as additional insureds: the City of Seward, and including all elected and appointed officials, all employee volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage shall be primary to the additional insureds, and not contributing with any other insurance or similar protection available to the additional insureds, whether said or other available coverage be primary, contributing or excess. E. All safety precautions as required by the Uniform Fire Code and United States Coast Guard will be documented and provided to the City Manager prior to the issuance of a permit. Site inspections may be performed by the fire department. F. Permanent storage areas must comply with the requirements of Uniform Fire Code Appendix VI-E and must have an annual inspection prior to the issuance of a permit. 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 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 Ie ss 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 explosive handling supervisor on the scene at the proper time. The Captain of the Port is to be notified at the Marine Safety Office in Anchorage, Alaska. Telephone or telegraphic notice may be utilized in emergency circumstances requiring shorter notice; however, written application must follow as soon as practicable thereafter. A separate permit must be obtained from the City of Seward. 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 explosive s handling regulations promulgated in 49 Code of Federal Regulations 71 through 78, and of other applicable federal and state regulations. (Ord. 308, 1962; Ord. 610, 1988) 9.15.330 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 unless such actions are in compliance with the requirements of CFR Part 49, Section 176.176, no fire or welding operations or smoking shall be permitted on board such vessel; provided, that in case of steam vessels, fire may be allowed in the furnaces, but any such explosives shall be discharged or loaded as far from the center 0 f 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 explosives handling supervisor being assigned to the explosives handling activity, a properly qualified watchman or supervisor supplied by the Permitee and approved by the City Manager shall supervise the operation for safety precautions and proper handling, and this service shall be maintained at the expense of the owners of such explosives cargo, in order to safeguard the public. (Ord. 308, 1962) C. Vehicles transporting explosive material shall be in compliance with the Uniform Fire Code, Section 7703 and Department of Transportation requirements. Vehicles transporting explosive material shall display placards as required by the Department of Transportation. Vehicles transporting, the explosive shall be routed to avoid congested and heavily populated areas. Prior to transportation the routes of travel and times must be provided to the Fire Department, Police Department, and Alaska State Troopers. Vehicles carrying explosives shall not be left unattended. I I I D. Areas where loading, discharge, handling are conducted from a vehicle, must be clearly identified and secure to prevent unauthorized personnel from entering the area. Areas where explosives are in use must comply with the section of Uniform Fire Code Section 7703. All access to areas for loading, discharge, handling and use shall be in compliance with Uniform Fire Code Section 7701.6. Storage areas shall comply with Uniform Fire Code Section 7701.6 and all sections of 7702. 9.15.335 Blasting. No person shall blast or carryon any blasting operations without first having obtained a permit from the City Manager. Before any such permit is issued, the applicants therefor shall comply with the provisions of S 9.15.315 as to bonding or insurance, furnishing evidence of workmen's compensation coverage and execution of the document of indemnity. In addition to th e above requirements, the City Engineer, or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling, shall be provided a blasting operation plan which will cover all aspects of the operation. This plan must be approved by the City Engineer, or his designee prior to any blasting operation being conducted. The City Engineer, or his designee may 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 supervi- sion. (Ord. 308, 1962) 9.15.340 Explosive Material Storage Permanent storage of explosives shall only be in designated industrial areas and in compliance with the Uniform Fire Code Article 77 and Appendix VI-E. Permits for the storage site must be obtained from the City Manager's office, and all the requirements for these sites must be met prior to the issuance of the permit. Permits shall be valid on a calender year basis. 9.15.345 Safety precautions and practices. In all explosives handling, all safety precautions prescribed by Underwriters Laboratories and standard practices for the handling or explosives, detonators and fuses must be observed. (Ord. 308, 1962) 9.15.350 Petroleum and gas storage tanks. A. Except as provided in subsections B. and C. herein, the construction, enlargement, or relocation of above-ground storage tanks for bulk petroleum or gas is prohibited in the city. B. Above-ground storage tanks for bulk petroleum or gas shall be allowed in the industrial (I) district, provided that a permit is obtained from the Fire Chief. C. Above-ground vehicle fuel dispensing tanks measuring 2,000 to 5,000 gallons in size shall be allowed in the industrial (I) district, the auto commercial (AC) district and the institutional (INS) district, provided that a permit is obtained from the fire chief. All above-ground vehicle fuel dispensing tanks shall be installed in accordance with the Uniform Fire Code and the criteria established by the State Fire Marshal's office. (Ord. 414, 1975; Ord. 645, 1991) Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITYCOUNCIL OF THE CITY OF SEWARD, ALASKA, this 23rd day of March, 1998. THE CITY OF SEWARD, ALASKA rh1!!;( 2);~ Lowell R. Satin, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Callahan, Clark, Gage, King, Orr, Satin None None None ATTEST: APPROVED AS TO FORM Wohlforth, Argetsinger, Johnson & Brecht Attorneys for The City of Seward ~_____- I . - /. " ,. ". ,,' .f -{: / . L.'; ,(''uc,,( / '." {t Patrick Reilly City Clerk City Attorney (C' 'S~!,.'l,I.IU'", ~O~~E'~/'f... '--S '\: ~~~~f~.t\.... ...~ ~4. ...........:.."1'A ',:. :: ."-.,'" ,';"'/l'-?OR41': ". v ~ :: Q .'r'" <,,,,,'. oJ> :: ...~...) ____ ...." a. ~ .. :,~ ~ :'i = : S..,~" 1'4 :. ~ : . : 1;..!.. : ~ ';\ --- I:: ':', -. ..tv." ~ -. . . . ,1/ <?i" ,L~ :: \\, .s-:.", ofw';~/~"\ ".... c:~ .:. '...~... ~.: ",,~,.'-:...,_l.\ t>...-:.;-" ....,'., ':" .,'-" .~~.. '..; .. .. '." <'... .. ..... . ~ ~ .... -. . ';;,........ ............