HomeMy WebLinkAbout0215_213ORDINANCE NO. 78-11
AN ORDINANCE AMENDING CHAPTER 16 OF THE STANDARD FIRE PREVENTION
CODE 1976 EDITION: PROVIDING FEES FOR BLASTING PERMITS: PROVIDING
FOR THE CONTROL OF THE USE OF EXPLOSIVES AND BLASTING AGENTS:
PROVIDING FOR A MINIMUM FINE FOR THE PERFORMANCE OF UNPERMITTED
BLASTING: AND DEFINING UNREGULATED BLASTING A NUISANCE AND PRO-
HIBITING SAME WITHIN THE CITY OF GEORGETOWN AND OUTSIDE THE CITY
LIMITS FOR A DISTANCE OF FIVE THOUSAND (5,000) FEET.
WHEREAS, the City of Georgetown did adopt the Standard Fire Prevention Code, 1978
Edition on the 27th day of July, 1976; and
WHEREAS, Chapter 16 of the Standard Fire Prevention Code, 1976 Edition provides for
the control of the storage, transportation and use of explosives, blasting agents, and ammunition,
and
WHEREAS, unpermi tted blasting has become a nuisance both inside and outside the City
of Georgetown; and
WHEREAS, Article 1175, Section 19 of Title 28, VA.C.S., provides that each city shall
have the power to define all nuisances and prohibit some within the City and outside the city
limits for a distance of five thousand (5, 000) feet,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS:
C", Sectionl. Chapter 16, Section 16.103 a. 3. of the Standard Fire Prevention Code, 1976
CC Edition is amended to read as follows:
1:L:
3. Permits shall be obtained to use explosives or blasting agents. Permits shall be issued
tz by the City Secretary or his designate and shall be one of the following classes:
Class A Permit - An instrument indicating approval by the City Secretary or his designate
for the use of explosives at the specified location for a period of thirty (30) calendar days
from the date of issuance.
Class B Permit - An instrument indicating approval by the City Secretary or his designate
for the use of expl-osvies at the specified location for a period of 120 claendar days from the
date of issuance.
Class C Permit - An instrument indicating approval by the City Secretary or his designate
for the use of explosives at the specified location for a period of 1 (one) year from the date of
issuance.
Each permit shall be validonly at the location specified, and permits are not transferrable
to other locations or other individuals.
3(a) Permits Fees - Permi is authorized by Chapter 16, Section 16.103.a.3. of the St. andard
Fire Prevention Code, 1976 Edition shall be issued only upon payment of the appropriate fees
as set forth below:
Class A Permit - Twenty - five dollars ($25.00)
Class B Permit - Fifty dollars ($50.00)
Class C Permit - one hundred dollars ($100.00)
Section 2. Chapter 16, Section 16.104 of the Standard Fire Prevetion Code, 1976 Edition
is amended to read as follows:
16.104 Bond Required
Before a permit is issued, the applicant shall file with the City Secretary or his designate,
a surety bond in the amounts of $100,000.00 covering personal injury and $100,000.00 covering
property damage, or a public I i abi I i ty insurance police in the some amounts, for the purpose
of the payment of all damages to persons or property which arise from or are caused by the
condut of any act authorized by the permit upon which any legal results. Public agencies
shall be exempt from this bond requirement.
The applicant shall be solely responsible for any and all damages to persons and property
which arise from or are caused by, the conduct of any act authorized by the permit upon
which any legal judgement results, and the City of Georgetown shall be held harmless from
any claim for damages to persons or property.
Section 3. Chapter 16, Section 16,205 h. of the Standard Fire Prevention Code, 1976 Edition
is amended to read as follows:
h. Any blast capable of throwing rock or other debris into the air shall be covered before
firing with a mat constructed so that it is capable of preventing rock or other debris from being
thrown into the air.