O-78-550 - 8/10/1978ORDINANCE NO. ...:575()
AN ORDINANCE REGULATING THE MANUFACTURE, POSSESSION,
STORAGE, SALE, TRANSPORTATION, AND USE OF EXPLOSIVES
AND BLASTING AGENTS; PROVIDING FOR EXCEPTION; DEFINING
TERMS: PROVIDING FOR BLASTING PERMITS; REQUIRING BONDS
OR INSURANCE; REQUIRING BLASTING LICENSES; PROVIDING
A TABLE FOR STORAGE OF EXPLOSIVES; REGULATING MAGAZINES;
PROVIDING FOR BLASTING MATS; REGULATING TRANSPORTATION
OF EXPLOSIVES; REGULATING STORAGE, MIXING, AND TRANS-
PORTATION OF BLASTING AGENTS; PROVIDING FOR SEIZURE OF
EXPLOSIVES AND BLASTING AGENTS; PROVIDING FOR A PENALTY;
PROVIDING FOR A SAVINGS CLAUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, THAT:
TABLE OF CONTENTS
Page No.
Sec. 101 Scope 1
Sec. 102 Exceptions to Fire Code 1
Sec. 103 Definitions (Blasting Agent, Ex-
plosives, Permits, etc.,) 1
Sec. 104 When Blasting Permits are Required -
Fees - When Blasting Permits Cannot
be Approved 3
Sec. 105
Sec. 106
Sec. 107
Bonds or Insurance Required 5
Manufacture, Storage, Sale of
Explosives 6
Blasters License Requirements 6
Sec. 108 Explosives Appeal Board - (Permits
and Licenses) 8
Sec. 201 Storage of Explosives - Tables 9
Sec. 202 Gunpowder 14
Sec. 203 Class I Magazines 14
Sec. 204 Class II Magazines 16
Sec. 301 Use and Handling of Explosives,
Blasting Mats, Etc. 17
Sec. 302 Transportation of Explosives 19
Sec. 303 Explosives and Blasting Agents
at Terminals 21
Sec. 304 Blasting Agents - Storage 22
Sec. 305 Mixing Blasting Agents 23
Sec. 306 Transportation of Blasting Agents 24
Sec. 307 Seizure of Explosives and Blasting
Agents 24
Sec. 401 Violation; penalties 24
Sec. 402 Savings Clause 25
Division I
GENERAL
Sec. 101: Scope
This Ordinance shall apply to the manufacture, possession,
storage, sale, transportation, and use of explosives and blasting
agents.
Sec. 102: Exceptions
Nothing in this Ordinance shall be construed as applying to:
1. The Armed Forces of the United States or the
State Militia.
2. Explosives in forms prescribed by the official
United States Pharmacopoeia.
3. The sale, possession or use of fireworks,
4. The possession, transportation and use of small
arms ammunition.
5. The possession, storage, transportation and use
of not more than 20 pounds of smokeless powder
and 2,000 small arms primers for hand loading
of small arms ammunition for personal use.
6. The transportation and use of explosives or
blasting agents by the United States Bureau
of Mines, the Federal Bureau of Investigation,
the United States Secret Service or Police and
Fire Departments acting in their official capa-
cities.
7. Special industrial explosive devices which in the
aggregate contain less than 50 pounds of explosives.
Sec. 103.: Definitions
(a) BLASTING AGENT shall mean any material or mixture con-
sisting of a fuel and oxidizer, intended for blasting, not other-
wise classified as an explosive, in which none of the ingredients
are classified as explosives, provided that the finished product,
as mixed and packaged for use or shipment, cannot be detonated
by means of a No. 8 test blasting cap when unconfined. Materials
or mixtures classified as nitrocarbonitrates by the Department
of Transportation regulations shall be included in this definition.
(b) BULLET RESISTANT shall mean materials and construction
methods capable of preventing penetration of a 180 grain, 30 cali-
ber, soft nose, hunting type bullet, when propelled at a maximum
velocity of 2700 feet per second,
(c) EXPLOSIVES. For the purpose of this Ordinance, the
term "explosives" shall mean any substance, or combination of
substances, that is commonly used for the purpose of detonation
and which, upon exposure to any external force or condition, is
capable of a relatively instantaneous release of gas and heat.
The term "explosives" shall include, but shall not necessarily
be limited to, all of the following:
1. Substances determined to be Class A and Class B
explosives as classified by the U. S. Department
of Transportation.
2. Nitrocarbonitrates substances (blasting agent) as
classified by the U. S. Department of Transportation.
3. Any material designated as a -:a explosive by the
State Fire Marshal.
4. Certain Class C explosives as designated by the
U. S. Department of Transportation.
(d) GUNPOWDER shall mean any of various powders used in
firearms and small arms ammunition as propelling charges.
(e) SPECIAL INDUSTRIAL EXPLOSIVE DEVICE shall mean any
explosive powerpack containing an explosive charge in the form
of a cartridge or construction device. The term includes but
is not limited to explosive rivets, explosive bolts, explosive
charges for driving pins or studs, cartridges for explosive -
actuated power tools and charges of explosives used in jet tapping
of open hearth furnaces and jet perforation of oil well casings.
(f) SPECIAL INDUSTRIAL HIGH EXPLOSIVE MATERIAL shall mean
sheets, extrusions, pellets and packages of high explosives, con-
taining dynamite, trinitrotoluol, penaerythritoltetranitrate,
cyclotrimethylene-trinitramine or other similar compounds used
for high -energy -rate forming, expanding and shaping in metal fabri-
cation, and for dismemberment and quick reduction of scrap metal.
(g) TEST BLASTING CAP NO. 8 shall mean one containing two
grams of a mixture of 80 percent mercury fulminate and 20 percent
potassium chlorate, or a cap of equivalent strenth.
(h) Class A Permit - An instrument indicating approval by
the City Engineer, or his designate, for the use of explosives
or blasting agents, as required by section 104 (a)(3), at the
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specified location for a time period of forty-five (45) days
from the date of issuance.
(i) Class B Permit - An instrument indicating approval by
the City Engineer, or his designate, for the use of explosives
or blasting agents, as required by section 104 (a)(3), at the
specified location for a time period of 120 calendar days from
the date of issuance.
(j) Class C Permit - An instrument indicating approval by
the Chief Engineer, or his designate, for the use of explosives
or blasting agents, as required by section 104 (a)(3), at the
specified location for a time period of one (1) year from the
date of issuance.
(k) Blaster's License- An instrument issued by the City
Engineer, or his designate, authorizing certain individuals to
engage in the loading, firing, supervision of the loading or
firing of explosive materials in accordance with pertinent ordi-
nances, resolutions, and regulations, in the City of Round Rock.
Sec. 104: Permits Required
(a) Permits shall be obtained:
1. To manufacture, possess, store, sell or otherwise
dispose of explosives or blasting agents.
2. To transport explosives or blasting agents.
3. To use explosives or blasting agents.
4. To operate a terminal for handling explosives or
blasting agents.
5. To deliver to or receive explosives or blasting
agents from a carrier at a terminal between the
hours of sunset and sunrise.
6. To transport blasting caps or electric blasting
caps on the same vehicle with explosives.
(b) Permits required by Section 104 (a) of this Ordinance
shall not be issued for;
1. Liquid nitroglycerin.
2. Dynamite (except gelatin dynamite) containing over
60 percent of liquid explosive ingredient.
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3. Dynamite having an unsatisfactory absorbent
or one that permits leakage of a liquid explo-
sive ingredient under any conditions liable to
exist during storage.
4. Nitrocellulose in a dry and uncompressed condi-
tion in quantity greater than 10 pounds net weight
in one package.
5. Fulminate of mercury in a dry condition and fulmi-
nate of all other metals in any condition except
as a component of manufactured articles not here-
inafter forbidden.
6. Explosive compositions that ignite spontaneously
or undergo marked decomposition, rendering the
products or their use more hazardous, when sub-
jected for 48 consecutive hours or less to a
temperature of 167°F. (75°C.).
7. New explosives until approved by the U. S. Depart-
ment of Transportation, except that permits may
be issued to educational, governmental, or indus-
trial laboratories for instruction or research
purposes.
8. Explosives condemned by the U. S. Department of
Transportation.
9. Explosives not packed or marked in accordance with
the requirements of the U. S. Department of Trans-
portation.
10. Explosives containing an ammonium salt and a chlorate.
(c) No person shall keep or store, nor shall any permit
be issued to keep or store, any explosives at any place of habi-
tation, or within 100 feet thereof.
(d) No person, possessing a permit for storage of explosives
at any place, shall keep or store any greater amount or other kind
of explosives that are authorized in such permit.
(e) The City Engineer may require that any operations per-
mitted under the provisions of section 104 (a) 2, or 3, shall be
supervised at any or all times by employees of the City, desig-
nated by the City Engineer to see that all safety and fire regu-
lations are observed. Where, in the opinion of the City Engineer,
no undue hazard to life or property exists, the required super-
vision may be waived.
(f) When in the opinion of the City Engineer or his desig-
nate there is a substantial danger to life, health, or property
in the immediate area exposed to the blasting for which a permit
is being requested, said permit may be denied.
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(g) The City Engineer or his designate may request
written comments on each permit application from the various
affected City of Round Rock utilities or franchise holders.
When in the opinion of the City Engineer such utility or
franchise holder has valid objection to the issuance of a
permit, no permit shall be approved until such objection has
been resolved to the satisfaction of the City Engineer or his
designate.
(h) To obtain a permit as required by this section, the
licensed blaster or his authorized representative shall file
with the City Engineer or his designate an application in writing
on a form to be furnished for that purpose. Each application
shall describe the proposed work, the location of such work, and
such other pertinent information as may be required by the City
Engineer.
(i) Permit Fees - Permits authorized by the provisions of
section 104 (a)(3), of this ordinance shall be issued only upon
payment of the appropriate fee as set out in the following
schedule:
Class A Permit - Forty dollars ($40.00) Class A
Permits will be issued for a period of forty-five (45)
calendar days. One extension not to exceed ten (10)
calendar days may be approved by the City Engineer with-
out additional fees.
Class B Permit --Eighty dollars ($80.00) Class B
Permits will be issued for a period of 120 calendar days.
One extension not to exceed thirty (30) calendar days may
be approved by the City Engineer without additional fees.
Class C Permit - Two hundred dollars ($200.00) - Class
C Permits will be issued for a period of one year and may
be renewed annually subject to the requirements for ob-
taining a permit. Renewal fees shall be two hundred dol-
lars ($200.00).
The various City of Round Rock departments, the utilities
and City franchise holders where normally engaged in such work
as described in this Ordinance shall not be required to pay per-
mit fees.
Sec. 105: Bond Required
Before a permit is issued, as required by Sub -section (a) 3,
of Section 104, the applicant shall file with the jurisdiction,
5
a corporate surety bond in the principal sum of Three Hundred
Thousand Dollars ($300,000.00), or a public liability insurance
policy for the same amount, for the purpose of the payment of all
damages to persons or property which arise from, or are caused by,
the conduct of any act authorized by the permit upon which any
legal judgment results, The City Engineer may specify a greater
amount when, in his opinion, conditions at the location of use
indicate a greater amount is required. Public agencies shall be
exempt from this bond requirement. The City Engineer may cancel
this permit for any violation of this ordinance.
Sec. 106: General Requirements
(a) The manufacture of explosives shall be prohibited unless
such manufacture is authorized by the City Engineer.
(b) The storage of explosives and blasting agents is prohibited
within the limits established by law as the limits of the district
in which such storage is to be prohibited, except for temporary
storage for use in connection with approved blasting operations;
provided, however, this prohibition shall not apply to wholesale
and retail stocks of small arms ammunition, explosive bolts, ex-
plosive rivets or cartridges for explosive -actuated power tools
in quantities involving less than 500 pounds of explosive material.
(c) The City Engineer may limit the quantity of explosives or
blasting agents to be permitted at any location.
(d) No person shall possess, offer for sale, sell or display
explosives or blasting agents at any location not authorized by
permit issued by the City Engineer.
Sec. 107: Blaster's license required - Penalty
(1) No person shall engage in the use of explosive materials
within the City of Round Rock unless that person is a licensed blaster
or is under the direct supervision of a licensed blaster.
Any person engaging in the use of explosives who is not a li-
censed blaster or working under the direct supervision of a licensed
blaster shall be fined two hundred dollars ($200.00).
(2) To qualify for a blaster's license, the applicant must
demonstrate that he has had adequate training and experience in
the handling and use of explosive materials and shall pass a
qualifying examination prepared and administered by the City En-
gineer, or his designate. The examination may be written, oral
or by such other means as may be necessary to determine the fol-
lowing, which are requirements for the issuance of a license:
That the applicant for a blasters license shall:
(a) Be at least twenty-one years of age;
(b) Be in physical and mental condition
to perform the work required;
(c) Be able to understand and give written and
oral directions in the English language;
(d) Be not addicted to alcohol, or to narcotics
and other dangerous drugs;
(e) Be qualified by reason of training, knowledge,
and experience in the field of transporting, storing,
handling, and use of explosive materials.
(f) Have a working knowledge of federal, state, and
local laws and regulations pertaining to explosive
materials;
(g) Have no revoked, suspended, or terminated license
or have a revocation, suspension or termination on
appeal pursuant to section 108 or any criminal action
involving blasting activities pending in a federal,
state or municipal court of law.
(3) A license issued hereunder shall remain in full force for
one year from the date it was issued unless revoked, suspended,
or terminated by the City Engineer or his designate. Reexamina-
tion may be required by the City Engineer before a license is re-
newed should the performance of an individual license holder indi-
cate the need for such reexamination.
(4) A fee of twenty-five dollars ($25.00) shall be paid for
each license upon application and shall be nonrefundable. Annual
license renewal fees shall be twenty-five dollars ($25.00).
(5) No license shall be assigned or transferred.
(6) All licenses approved under this article are conditioned
that all work performed shall be done with faithful and strict com-
pliance with the terms of all federal and state laws, permits, per-
tinent ordinances, resolutions, and regulations of the City of
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Round Rock. Violations of such conditions as determined by
the City Engineer or his designate, shall be cause for the
revocation, suspension, or termination of such license for any
period up to one (1) year by the City Engineer, or his designate.
The City Engineer or his designate may reinstate a
pended or terminated license only after resolution
fense violations. No license shall be approved by
revoked, sus -
of first of -
the City En-
gineer and issued to any person who has had a license revoked,
suspended or terminated more than once without the
the Explosives Appeal Board.
(7) Applicant failing the examination.
If an applicant for a blasting license fails to pass the re-
quired examination, he shall not be eligible for reexamination
for a period of sixty (60) days.
If an applicant fails to pass the required examination at any
subsequent time, he shall not be eligible for another examination
for a period of six (6) months following such failure.
approval
of
Sec. 108: Explosives Appeal Board - Powers - Duties - Term
of Office
(1) An Explosives Appeal Board shall be established which
shall conduct hearings and make decisions regarding action taken
by the City Engineer or his designate, upon the issuance, revo-
cation, suspension, or termination of permits and licenses author-
ized by this article.
(2) The Explosives Appeal Board shall be composed of five
members appointed by the City Council for a term of one (1) year.
All board members shall have experience in the use of explosives
and be familiar with pertinent City of Round Rock ordinances, re-
solutions, and regulations. In the selection of three of the above
members, the City Council shall choose one member from the con-
struction industry, one from the explosives manufacture/supply
industry, and one licensed blaster should such person be able and
willing to serve, and meet the approval of the City Council.
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(3) Handling of appeals; distribution of findings.
Any person who has been denied issuance of a permit or li-
cense authorized by this article or who has had a permit or li-
cense revoked, suspended or terminated by the City Engineer or
his designate, may appeal such action by notifying the chairman
of the Explosives Appeal Board in writing within ten (10) calendar
days of such action by the City Engineer.
Upon receipt in writing of an appeal pursuant to this
section, the chairman of the Explosives Appeal Board shall call
a meeting within ten (10) days of the receipt of the appeal and
shall notify the appellant in writing of the time and place of
the hearing.
Complete minutes shall be taken of all the proceedings of the
Explosives Appeal Board, and the findings and decision of the
board shall be in writing.
The minutes and decision of the Explosives Appeal Board shall
be distributed to all members of the board, to persons appealing
to the board and to the City Engineer.
Division II
STORAGE
Sec. 201: Storage of Explosives
(a) Explosives, including special industrial high explosive
materials, shall be stored in magazines which meet the requirements
of this Ordinance.
(b) Magazines shall be in the custody of a competent person
at all times who shall be at least 21 years of age and who shall
be held responsible for compliance with all safety precautions.
(c) Smoking, matches, open flames, spark producing devices
and firearms shall be prohibited inside or within 50 feet of
magazines. Combustible materials shall not be stored within 50 feet
of magazines
(d) The land surrounding magazines shall be kept clear of
brush, dried grass, leaves, trash and debris for a distance of at
least 50 feet.
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(e) Magazines shall be kept locked except when being
inspected or when explosives are being placed therein or
being removed therefrom.
(f) Magazines shall be kept clean, dry and free of grit,
paper, empty packages and rubbish.
(g) Magazines shall not be provided with other than approved
artificial heat or light. Approved electric safety flashlights
or safety lanterns may be used.
(h) Blasting caps, electric blasting caps, detonating primers
and primed cartridges shall not be stored in the same magazine
with other explosives,
(i) Magazines shall be of two types, namely;. Class I and
Class II.
(j) Storage of explosives in quantities exceeding 100 pounds
shall be in a Class I magazine, except that a Class II magazine
may be used for temporary storage of a larger quantity of explosives
at the site of blasting operations where such amount constitutes
not more than one day's supply for use in current operations. At
the end of the day's operations any remaining explosives shall
be safely destroyed or returned to a Class I magazine.
(k) Storage of explosives in quantities of 100 pounds or less
shall be in Class I or Class II magazines, except that explosives
in any quantity when stored in remote locations shall be in Class
I, bullet resistant magazines.
(1) Class I and Class II magazines shall be located away from
inhabited buildings passenger railways, public highways and other
magazines in conformity with the provisions of the American Table
of Distances for Storage of Explosives, Table No. 201, except as
provided in Subsection 201 (m).
(m) At the site of blasting operations, a distance of not
less than 100 feet shall be maintained between Class I magazines
and the blast area.
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Class II Magazines shall be kept not less than 150 feet
from the blast area when the quantity of explosives temporarily
kept therein is in excess of 25 pounds and not less than 50 feet
when the quantity of explosives is 25 pounds or less.
(n) Packagesofexplosives shall not be unpacked or repacked
in a magazine nor within 50 feet of a magazine or in close prox-
imity to other explosives. Opened packages of explosives shall
be securely closed before being returned to a magazine.
(o) Magazines shall not be used for the storage of any
metal tools nor any commodity except explosives, blasting agents
and oxidizers used in compounding blasting agents. The quantity
of blasting agents and oxidizers shall be included when computing
the total quantity of explosives for determining distance re-
quirements.
(p) When an explosive has deteriorated to an extent that it
is in an unstable or dangerous condition, or if nitroglycerin leaks
from any explosive, then the person in possession of such explosive
shall immediately report the fact to the City Engineer, and upon
his authorization shall proceed to destroy such explosives and
clean floors stained with nitroglycerin in accordance with the
instructions of the manufacturer. Only experienced persons shall
do the work of destroying explosives.
TABLE 201 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES
DISTANCE IN FEET
EXPLOSIVES WHEN STORAGE IS BARRICADED
Frau From From Separation
Pounds Pounds Inhabited Passenger Public of
Over Not Over Buildings - Railways Highways Magazines
2 5 70 30 30 6
5 10 90 35 35 8
10 20 110 45 45 10
20 30 125 50 50 11
30 40 140 55 55 12
40 50 150 60 60 14
50 75 170 70 70 15
75 100 190 75 75 16
100 125 200 80 80 18
125 150 215 85 85 19
150 200 235 95 95 21
200 250 255 105 105 23
250 300 270 110 110 24
300 400 295 120 120 27
TABLE 201 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES
EXPLOSIVES
DISTANCE IN tJ:i r
WHEN STORAGE IS BARRICADED
From From From Separation
Pounds Pounds Inhabited Passenger Public of
Over Not Over Buildings Railways Highways Magazines
400 500 320 130 130 29
500 600 340 135 135 31
600 700 355 145 145 32
700 800 375 150 150 33
800 900 390 155 155 35
900 1,000 400 160 160 36
1,000 1,200 425 170 165 39
1,200 1,400 450 180 170 41
1,400 1,600 470 190 175 43
1,600 1,800 490 195 180 44
1,800 2,000 505 205 185 45
2,000 2,500 545 220 190 49
2,500 3,000 580 235 195 52
3,000 4,000 635 255 210 58
4,000 5,000 685 275 225 61
5,000 6,000 730 295 235 '65
6,000 7,000 770 310 245 68
7,000 8,000 800 320 250 72
8,000 9,000 835 335 255 75
9,000 10,000 865 345 260 78
10,000 12,000 875 370 270 82
12,000 14,000 885 390 275 87
14,000 16,000 900 405 280 90
16,000 18,000 940 420 285 94
18,000 20,000 975 435 290 98
20,000 25,000 1,055 470 315 105
25,000 30,000 1,130 500 340 112
30,000 35,000 1,205 525 360 119
35,000 40,000 1,275 550 380 124
40,000 45,000 1,340 570 400 129
45,000 50,000 1,400 590 420 135
50,000 55,000 1,460 610 440 140
55,000 60,000 1,515 630 455 145
60,000 65,000 1,565 645 470 150
65,000 70,000 1,610 660 485 155
70,000 75,000 1,655 675 500 160
75,000 80,000 1,695 690 510 165
80,000 85,000 1,730 705 520 170
85,000 90,000 1,760 720 530 175
90,000 95,000 1,790 730 540 180
95,000 100,000 1,815 745 545 185
100,000 110,000 1,835 770 550 195
110,000 120,000 1,855 790 555 205
120,000 130,000 1,875 810 560 215
130,000 140,000 1,890 835 565 225
140,000 150,000 1,900 850 570 235
150,000 160,000 1,935 870 580 245
160,000 170,000 1,965 890 590 255
170,000 180,000 1,990 905 600 265
180,000 190,000 2,010 920 605 275
190,000 200,000 2,030 935 610 285
200,000 210,000 2,055 955 620 295
210,000 230,000 2,100 980 635 315
230,000 250,000 2,155 1,010 650 335
250,000 275,000 2,215 1,040 670 360
275,000 300,000 2,275 1,075 690 385
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TABLE 201 AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES
Notes:
1. All types of blasting caps in strengths through No. 8
shall be rated at 1 1/2 pounds of explosives per 1000 caps.
2. "Barricaded" means that a building containing explosives
is effectually screened from a magazine, building, railway, or
highway, either by a natural barricade, or by an artificial
barricade of such height that a straight line from the top of
any sidewall of the building containing explosives to the eave
line of any magazine, or building, or to a point 12 feet above
the center of a railway or highway, will pass through such inter-
vening natural or artificial barricade.
3. "Artificial Barricade" means an artificial mound or revetted
wall of earth of a minimum thickness of 3 feet.
4. "Natural Barricade" means natural features of the ground,
such as hills, or timber of sufficient density that the surrounding
exposures which require protection cannot be seen from the magazine
when the trees are bare of leaves.
5. When a building containing explosives is not barricaded,
the distances shown in the Table shall be doubled.
6. "Inhabited Building" means a building regularly occupied
in whole or in part as a habitation for human beings, or any church,
school, railway station, store, or other structure occupied in
connection with the manufacture, transportation, storage, or use
of explosives.
7. When two or more storage magazines are located on the same
property, each magazine shall comply with minimum distances speci-
fied from inhabited buildings, railways, and highways, and in
addition they shall be separated from each other by not less than
the distances shown from "Separation of Magazines", except that
the quantity of explosives contained in cap magazines containing
other explosives. If any two or more magazines are separated from
each other by less than the specified "Separation of Magazines"
distances, then such two or more magazines, as a group, shall be
considered as one magazine, and the total quantity of explosives
stored in such group must be treated as if stored in a single
magazine :Located on the site of any magazine of the group, and
shall comply with the distances specified from other magazines,
inhabited buildings, railways, and highways.
8. This Table applies only to the manufacture and permanent
storage of commercial explosives. It is not applicable to trans-
portation of explosives, or any handling or temporary storage
necessary or incident thereto. It is not intended to apply to
bombs, projectiles, or other heavily encased explosives.
Sec. 202: Gunpowder
(a) The City Engineer may authorize the storage of smokeless
powder not to exceed 100 pounds, black sporting powder not to
exceed 5 pounds, and stall arms primers not to exceed 20,000, in
approved establishments. Smokeless powder exceeding 20 pounds
shall be stored in an approved Class II magazine. Small arms
primers shall be stored in a manner prescribed by the City En-
gineer.
(b) The display of smokeless powder shall only be in original
containers and shall not exceed 20 pounds.
(c) Small arms primers shall not be stored or displayed with
smokeless powder or other explosives.
(d) Smokeless powder shall not be repackaged except in ori-
ginal type containers and repackaging shall only be permitted in
locations designated and approved by the City Engineer.
(e) The repackaging of black sporting powder shall not be
permitted.
Sec. 203: Class I Magazines
(a) A magazine may be a building or excavation, tunnel or
igloo, or military -type magazine or a portable magazine constructed
as required in this Section.
(b) Class I magazines shall be bullet resistant, fire resis-
tant, weatherproof, theft resistant and well ventilated.
EXCEPTION: Magazines used for the storage of blasting agents,
Class B and Class C explosives need not be bullet resistant.
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(c) Building -type magazines shall be constructed of masonry,
wood, metal or a combination of these materials when bullet resis-
tance
esistance is required.
1. Masonry units not less than 8 inches in thickness
with all hollow spaces filled with concrete, well
tamped sand, or equivalent material, or
2. Reinforced concrete not less than 6 inches in
thickness, or
3. Steel walls of minimum manufacturers standard gauge
No. 14 (.0747 inch) may be used, provided there are
two layers spaced at least 6 inches apart with all
hollow spaces filled with concrete, well tamped sand
or equivalent material, or
4. One layer of manufacturers standard gauge No. 6
(.1943 inch) or heavier steel, lined on the interior
with a minimum of 4 inches of wood, or
5. Two layers of manufacturers standard. gauge No. 6
(.1943 inch) or heavier steel, spaced a minimum
1/2 inch apart and lined on the interior with a
minimum of 2 inches of wood, or
6. Two layers of wood, at least 2 inches nominal thick-
ness each, spaced a minimum of 4 inches apart with
the hollow spaces filled with concrete, well tamped
sand, or equivalent material.
7. The roof shall also be protected when the magazine
is located where it is possible to fire a bullet
directly through it into the explosives stored
inside,
NOTE: Any sheeting used shall be tongue and groove
lumber or plywood.
(d) Doors shall be of bullet -resistant construction and shall
be installed in such a manner that the hinges and hasps cannot be
removed when the doors are locked and closed.
Doors shall be equipped with substantial and approved means of
locking. Each door shall be equipped with two separate locks or
a lock requiring two separate keys, All padlocks shall be pro-
tected with steel caps constructed so as to prevent sawing or
lever action on the locks or hasps.
(e) Floors of magazines shall be securely fastened in place
and shall be capable of withstanding the loads imposed.
(f) The roofs and exterior sides of building -type magazines
may be of wood construction covered with not less than No. 26 gauge
metal. Roofs of building -type magazines located where it is possible
to fire a bullet directly through the roof into the magazine at such
an angle that the bullet would strike the explosives therein,
shall be constructed according to Section 203 (c), or equipped
with a sand tray located at the eaves line and covering the
entire magazine ceiling area except that necessary for venti-
lation. Sand in the sand tray shall be maintained at a depth
of not less than 4 inches,
(g) Magazines shall be ventilated to minimize dampness and
heating of stored explosives. Ventilation openings shall be
screened with 14 mesh, No. 21 gauge wire to prevent the entrance
of sparks and shall be protected in a manner that will maintain
the bullet resistance of the magazine.
(h) Magazine interiors shall have a smooth finish with all
nails, screws, bolts, and nuts countersunk or blinded.
(i) The approaches to magazines shall be provided with
warning signs reading, "EXPLOSIVES - KEEP OFF" in red letters
not less than 4 inches in height and a stroke of at least 5/8
inch. The lettering shall be imposed upon a white background.
Location of signs shall be within 100 feet of the magazine and
so placed that a bullet through the sign will not strike the maga-
zine.
(j) Post an additional warning sign on the door with the
letters not less than 2 inches in height and a stroke of 1/4 inch
on a contracting background reading, "EXPLOSIVES, DANGEROUS."
Sec. 204 Class II Magazines
(a) Class II Magazines shall be constructed of wood, metal,
fiber, or a combination thereof, or any equivalent construction.
(b) Class II magazines shall be well constructed as follows:
1. Two-inch nominal thickness lumber covered on the
exterior with a minimum of No. 20 manufacturers
standard gauge steel, or
2. Two thicknesses of 1 -inch plywood covered on the
exterior with minimum No. 20 manufacturers standard
gauge steel, or
3. Fiber equal in strength to wood as indicated in 1
and 2 above covered on the exterior with a minimum
of No. 20 manufacturers standard gauge steel, or
4. Minimum No. 14 manufacturers standard gauge steel,
lined on the interior with one layer of 1 -inch thick
plywood, or
5. Material of equal strength and fire resistance.
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(c) Class II magazines containing explosives and located
in buildings shall be located for easy removal in case of fire.
(d) Class II magazines shall be painted red and when size
permits shall bear lettering in white on sides and top, at least
3 inches high with a 1/2 inch stroke which reads, "EXPLOSIVES".
(e) Class II magazines containing explosives, left at loca-
tions where no one is in attendance, shall be adequately secured
to prevent their theft.
Division III
USE, HANDLING AND TRANSPORTATION
Sec. 301: Use and Handling of Explosives
(a) Blasting operations shall be conducted during daylight
hours except when authorized at other times by the City Engineer.
(b) The handling and firing of explosives shall only be
performed by the person possessing a valid Explosives Certificate
issued by the City Engineer, or by employees under his direct
personal supervision who are at least 18 years of age.
(c) No person shall handle explosives while under the in-
fluence of intoxicants or narcotics.
(d) No person shall smoke or carry matches while handling
explosives or while in the vicinity thereof. No smoking signs
shall be posted in areas where explosives are being handled. The
signs shall be visible for at least 25 feet.
(e) No open flame light shall be used in the vicinity of
explosives.
(f) Whenever blasting is being conducted in the vicinity of
gas, electric, water, fire alarm, telephone, telegraph or steam
utilities, the blaster shall notify the appropriate representative
of such utilities at least 24 hours in advance of blasting, speci-
fying the location and intended time of such blasting. In an
emergency, this time limit may be waived by the City Engineer.
(g) Blasting operations shall be conducted in accordance with
nationally recognized good practice.
17
(h) Before a blast is fired, the person in charge shall
make certain that all surplus explosives are in a safe place,
all persons and vehicles are at a safe distance or under suffi-
cient cover, and a loud warning signal has been sounded.
(i) Due precautions shall be taken to prevent accidental
discharge of electric blasting caps from current induced by
radio or radar transmitters, lightning, adjacent power lines,
dust storms, or other sources of extraneous electricity.
These precautions shall include;
1. The suspension of all blasting operations and
removal of persons from the blasting area during
the approach and progress of an electrical storm.
2. The posting of signs warning against the use of
mobile radio transmitters on all roads within 350
feet of the blasting operations.
3. Compliance with nationally recognized good practice
when blasting within one and one-half miles of broad-
cast or highpower short wave transmitters.
(j) When blasting is done in a congested area or in close
proximity to a building, structure, railway, highway, or any
other installation that may be damaged by material being thrown
into the air, the blast shall be covered with an adequate blasting
mat. Proof that any such building, structure, railway, highway,
vehicle, conveyance, or other installation was damaged to any
degree by material which was so thrown into the air shall raise
a rebuttable presumption that said blast was not covered with an
adequate blasting mat.. For purposes of this section, an other-
wise adequate blasting mat used improperly shall not be considered
to be an adequate blasting mat.
(k) Tools used for opening packages of explosives shall be
constructed of nonsparking materials.
(1) Empty boxes and paper and fiber packing materials which
have previously contained high explosives shall not be used again
for any purpose, but shall be disposed of in a manner approved by
the City Engineer.
(m) Explosives shall not be abandoned,
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(n) All exposed blasting cap lead wires in the ground
from previous shots shall be removed at the end of the work
day.
Sec. 302: Transportation of Explosives
(a) Explosives shall not be carried or transported in or
upon a public conveyance or vehicles carrying passengers for
hire.
(b) Vehicles used for transporting explosives shall be strong
enough to carry the load without difficulty and shall be in good
mechanical condition. If vehicles do not have a closed body, the
explosives shall be covered with a flameproof and moistureproof
tarpaulin or other effective protection against moisture and sparks
Such vehicles shall have tight floors, and exposed spark -producing
metal on the inside of the body shall be covered with wood or
other non -sparking material to prevent contact with packages of
explosives. Packages of explosives shall not be loaded above the
sides of open -body vehicles.
(c) Explosives shall not be transported on any vehicle not
authorized by the City Engineer.
(d) Every vehicle when used for transporting explosives shall
be equipped with not less than one approved type fire extinguisher
with a minimum rating of 2-A, 10-B, C, or two approved type fire
extinguishers, one of which shall have a minimum rating of 2-A
and the other a minimum rating of 10-B, C. Extinguishers shall
be so located as to be readily available for use.
(e) It shall be the duty of the person to whom a permit has
been issued to transport explosives over the highways of the muni-
cipality, to inspect those vehicles employed by him to determine
that:
1. Fire extinguishers are filled and in operating
condition.
2. Electric wires are insulated and securely fastened.
3. The motor, chasis and body are reasonably clean and
free of excessive grease and oil.
19
4. The fuel tank and fuel line are securely fastened
and are not leaking.
5. Brakes, lights, horn, windshield wipers and steering
mechanism are functioning properly.
6. Tires are properly inflated and free of defects.
7. The vehicle is in proper condition for transporting
explosives.
(f) Spark-producing metals or spark-producing metal tools
shall not be carried in the body of a vehicle transporting ex-
plosives.
(g) Only those dangerous articles authorized by the U. S.
Department of Transportation to be loaded with explosives shall
be carried in the body of a vehicle transporting explosives.
(h) No person shall carry matches or any other flame-producing
device, or carry any firearms or loaded cartridges while in or
near a vehicle transporting explosives; or drive, load or unload
any such vehicle in a careless or reckless manner.
(i) Vehicles transporting explosives shall be in the custody
of drivers who are physically fit, careful, capable, reliable, able
to read and write the English language, not addicted to the use
or under the influence of intoxicants or narcotics, and not less
than 21 years of age. They shall be familiar with state and muni-
cipal traffic regulations, and the provisions of this Ordinance
governing the transportation of explosives.
(j) Vehicles transporting explosives shall display explosives
signs on both sides, front and rear conforming to the requirements
of the Vehicle Code.
(k) Blasting caps and electric blasting caps when transported
on the same vehicle with other explosives shall be separated from
the other explosives by containment within a Class II magazine.
(1) Vehicles transporting explosives shall be routed to
avoid congested traffic and densely populated areas.
(m) Explosives shall not be transported through any completed
vehicular tunnel or subway.
(n) Vehicles Transporting explosives shall not be left unat-
tended at any time within the jurisdiction.
(o) Unless authorized by the City Engineer, no person other
than the driver and one assistant who is at least 18 years of
age, shall ride on any vehicle transporting explosives.
(p) The fire and police departments shall be promptly noti-
fied when a vehicle transporting explosives is involved in an
accident, breaks down, or catches fire. Only in the event of
such an emergency shall the transfer of explosives from one
vehicle to another be allowed on highways within the jurisdiction
and only when qualified supervision is provided. Except in such
an emergency, a vehicle transporting explosives shall not be parked
before reaching its destination except at stopping and parking
places designated and approved by the City Engineer.
(q) Delivery shall only be made to authorized persons and
into approved magazines or approved temporary storage or handling
areas.
(r) Vehicles containing explosives shall not be taken into
a garage, or repair shop, for repairs or storage.
Sec. 303: Ex.losives and Blastin: A:ents at Terminals
(a) The City Engineer may designate the location and specify
the maximum quantity of explosives or blasting agents which
may be loaded, unloaded, reloaded or temporarily retained at
each terminal where such operations are permitted.
(b) Shipments of explosives or blasting agents delivered
to carriers shall comply with the U. S. Department of Transpor-
tation regulations.
(c) Carriers shall immediately notify the City Engineer when
explosives or blasting agents are received at terminals.
(d) Carriers shall immediately notify consignees of the
arrival of explosives or blasting agents at terminals.
(e) Truck terminals where explosives are loaded, unloaded
or transferred shall conform to the following conditions:
1. There shall be no aboveground storage tanks of
flammable or combustible liquids or other hazardous
substances on the terminal proper or on immediate
adjoining property, which would present a signifi-
cant exposure hazard.
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2. There shall be no structures or occupancies on
immediately adjoining property which would con-
stitute a serious exposure hazard to the terminal.
3. The terminal property shall be sufficiently large
that dock or vehicle storage areas containing ex-
plosives shall be a minimum of 50 feet from any
structure on adjoining property.
4. Adequate access to adjoining streets shall be
provided to and from the terminal property.
Local routes between terminals and deviations
from State Approved Routes shall be prescribed
by the City Engineer.
5. Explosives shall be kept in vehicles to the greatest
extent possible. During transferring or loading
operations, the explosives should remain on the
ground or on docks for as short a time as possible.
6. Specific areas of docks shall be designated for the
temporary "storage" of explosives, during loading
or transferring operations. A minimum distance
shall be specified and maintained between this
designated area and all other materials on the
dock. Combustible storage and particularly flammable
or combustible liquids shall be kept at the greatest
possible distance from this designated area.
7. At all times, a watchman or guard shall be on duty
on the terminal property and he shall be capable
of driving all equipment in the area. At times
when there are a substantial number of vehicles
carrying explosives in the terminal, additional
persons capable of driving shall be provided.
8. Adequate security against unauthorized persons
entering the terminal shall be provided. In metro-
politan areas, this will require a fence and adequate
gates.
9 The terminal shall be adequately lighted for normal
observation of all vehicles containing explosives.
10. Adequate fire protection appliances shall be provided
for the loading dock near the designated explosives
area and near parked vehicles.
11. A. specific area of the terminal property shall be
designated for vehicles containing explosives.
12. Vehicles containing any special inherent hazard, such
as mechanical refrigeration equipment, shall be kept
separated from the area designated for the parking
of explosives vehicles.
13 Shipments of explosives shall be transported without
unnecessary delay, keeping the explosives in the termi-
nal an absolute minimum length of time, not to exceed
48 hours, excluding Sundays and holidays.
Sec. 304: Blasting Agents, General
(a) Except when subject to U. S. Department of Transportation
regulations, blasting agents shall be stored, handled and used in
the same manner as explosives.
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(b) Any ammonium nitrate stores at a closer distance to
the blasting agent storage area than as provided in (c) below
shall be added to the quantity of blasting agents to calculate
the total quantity involved for application of the American
Table of Distances.
(c) Minimum intra -plant separation distances between mixing
units and the ammonium nitrate storage areas and blasting agent
storage areas shall be in conformity with the Table of Recommended
Separation Distances of Ammonium Nitrate and Blasting Agents from
Explosives or Blasting Agents as set forth in NFPA pamphlet No.
495, Appendix A.
Sec. 305; Mixing Blasting Agents
(a) Buildings or other facilities used for mixing blasting
agents shall be located away from inhabited buildings, passenger
railways, and public highways, in accordance with the provisions
of the American Table of Distances for Storage of Explosives,
Table No. 201.
(b) Not more than eight hours' production of blasting agents
or the limit determined by the American Table of Distances for
Storage of Explosives, Table No. 201, whichever is less, shall be
permitted in or near the building or other facility used for mixing
blasting agents. Larger quantities shall be stored in magazines.
(c) Buildings or other facilities used for the mixing of
blasting agents shall be designed and constructed in accordance
with the Building Code.
(d) Compounding and mixing of recognized formulations of
blasting agents shall be conducted in accordance with nationally
recognized good practice.
(e) Smoking or open flames shall not be permitted in or
within 50 feet of any building or facility used for the mixing
of blasting agents.
(f) Empty oxidizer bags shall be disposed of daily in a
manner approved by the City Engineer.
Sec. 402: Savings Clause
The invalidity of any section or provision of this ordi-
nance shall not invalidate other sections or provisions thereof.
READ AND APPROVED on first reading this the ,4 7 day of
, 1978.
READ, APPROVED AND ADOPTED on second reading this the /Q
day of
, 1978.
RAYL/ITTON, Aayor
City of Round Rock, Texas
ATTEST:
JANNE LAND, City Secretary