Loading...
HomeMy WebLinkAboutOrd1991-648 . . . Sponsored by: Schaefermeyer ~. ~ fYDk ~~y \ ~~y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY )Jb~~' OF SEWARD, ALASKA, AMENDING TITLE 9, ARTICLE 3, ~. EXPLOSIVES, OF THE SEWARD CITY CODE ~(J-' 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. -1- . . . 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 -2- . . . 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. -3- . . . 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: -4-