HomeMy WebLinkAbout371_Relating to Explosives and Blasting_Requiring Permit621638 BOOK 5041 PAGE 1828
ORDINANCE NO. 371
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE RELATING TO EXPLOSIVES; DEFINING SAME,
CLARIFYING EXPLOSIVES, PROHIBITING CLASS ONE (1)
EXPLOSIVES, PROHIBITING MANUFACTURE OF EXPLOSIVES,
REGULATING STORAGE OF EXPLOSIVES, SETTING FORTH
RULES AND REGULATIONS FOR EXPLOSIVE MAGAZINES,
SETTING REGULATIONS FOR CAPPING EXPLOSIVES,
REGULATING DETERIORATED EXPLOSIVES, REGULATING
TRANSPORTATION OF EXPLOSIVES, REGULATING DRIVING
REQUIREMENTS, PROHIBITING DISCHARGE OF EXPLOSIVES
WITHIN CITY LIMITS WITHOUT A PERMIT, REGULATING
PERMITTED BLASTS, PROVIDING PENALTY, DIRECTING
CODIFICATION, REPEALER, DECLARING EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA:
SECTION 1. That Part Thirteen (13) Public Safety of
the Code of Ordinances of the City of Owasso, Oklahoma, be
amended by designating Chapter One (1) Fire Prevention as
Chapter One (1) Article A -Fire Prevention, and inclusion
thereafter of Article B- Explosives, with same providing as
follows, to -wit:
13 -107 - EXPLOSIVES DEFINED
The term "explosive" or "explosives ", whenever used in
this Ordinance shall be held to mean and include any
chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion,
that contains any oxidizing and combustible units, or other
ingredients, in such proportions, quantities or packing that
an ignition by fire, by friction, by concussion, by
percussion, or by detonator of any part of the compound or
mixture which may cause a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or of
destroying life and limb.
13 -108 - CLASSIFICATION OF EXPLOSIVES.
Class One (1) Explosives shall be liquid
nitroglycerine; high explosives containing over 60 percent
(600) of nitroglycerine (except gelatin dynamite); high
explosives having an unsatisfactory absorbent or that permit
leakage of nitroglycerine under any conditions liable to
exist during transportation or storage; a quantity greater
than ten (10) pounds in one exterior package of
nitro - cellulose in a dry and uncompressed condition, and
fulminate of mercury in bulk in a dry condition, and
fulminate of all other metals in any condition, except as a
component of manufactured articles not hereinafter
forbidden; or explosives containing an ammonium salt and a
chlorate.
Class Two (2) Explosives are black po er, high
explosive (except as described in Class 1), dynamite,
blasting caps and electric blasting caps, smokeless power
for small arms, wet fulminate of mercury and detonating
fuses.
Class Three (3) Explosives are small arms ammunition
(blank, ball or shot), primers, fuses (except as described
in Class 2), safety fuses, safety squibs, and any other
BOOK 5041 PAGE 1829
explosives not enumerated in Class 1 and Class 2 and
declared by the Fire Chief or his designee to be relatively
safe.
13 -109 - MANUFACTURE
It is unlawful for any person, association, firm, or
corporation, to manufacture any explosive within the
corporate limits of the City of Owasso, Oklahoma, except
that any Class 2 and Class 3 explosives may be manufactured
in laboratories of the public school system, and similar
institutions for the purpose of investigation and
instruction and provided that hand loading of black power
weapons and small arms ammunition for private use shall be
allowed. The mixture of two or more explosives for
immediate use for blasting shall not be considered a
violation of this Ordinance.
13 -110 - CLASS 1 EXPLOSIVES
It shall be unlawful for any person, association, firm,
or corporation, to have, keep, store, sell, offer for sale,
give away, use, transport or have in his possession in the
City of Owasso, Oklahoma, any Class 1 Explosive.
13 -111 - STORAGE OF CLASS 2 EXPLOSIVES.
Under no circumstances shall any person, association,
firm, or corporation, keep or store any explosives on any
premises which are used and occupied as a school, theatre,
church, or other place of public assembly and further, no
person shall keep or store any Class 2 Explosives at any
location, except in a properly authorized magazine. The
type and location of storage magazines must be approved by
the Fire Chief or his designee of the City of Owasso,
Oklahoma. The amount of Class 2 Explosives stored in any
one magazine shall be limited to fifty (50) pounds.
13 -112 - MAGAZINES - RULES AND REGULATIONS - CLASS 2
EXPLOSIVES.
Explosive magazines shall be made of fireproof
materials and shall be conspicuously marked "Magazine
Explosives ".
Each magazine shall be kept locked during the night,
and at all times when the room in which it is kept is not
occupied by safe and trustworthy persons; and all magazines
must be kept clean and free from grit, paper, rubbish, and
empty packages.
It shall be unlawful to place, keep or store any
blasting caps or detonators of any kind in the same magazine
with other explosives.
Packages of explosives in a magazine must be neatly
piled in such a way that all of them may be easily examined,
and packages of high explosives must always be placed right
side up.
An accurate inventory or log shall be kept showing
quantity of explosive stored, date of acquisition, date of
removal and purpose of removal, which shall at all times be
subject to the inspection of the Fire Chief or his designee
of the City of Owasso, Oklahoma, and when any kind of
explosive is removed from the magazine, the oldest of that
particular kind must always be taken, and it shall be the
duty of the magazine keeper to see that that is done.
-2-
BOOK 5041 PAGE 1830
No smoking, matches, firearms, or other things which
might discharge or cause the discharge of explosives in the
City of Owasso, Oklahoma, shall be permitted within 100 feet
of any magazine.
13 -113 - CAPPING.
It shall be unlawful for any person, association, firm,
or corporation, to cap a cartridge within a radius of fifty
(50) feet of magazine, or in any case to cap more cartridges
than necessary for immediate use.
13 -114 - DETERIORATED EXPLOSIVES.
If any explosive is contained in a magazine so as to be
in a dangerous condition, then the magazine keeper must
immediately remedy the cause; or should the Fire Chief or
his designee receive a report of deteriorated or leaking
explosives, said Fire Chief or his designee must cause it to
be removed outside the corporate limits of the City of
Owasso, Oklahoma, and disposed of as he may deem fit, at the
expense of the magazine keeper.
13 -115 - TRANSPORTATION OF EXPLOSIVES.
It shall be unlawful for any person, association, firm,
or corporation, to transport or carry any explosives within
the corporate limits of the City of Owasso, Oklahoma, in or
upon any public conveyance.
It shall be unlawful for any person, association, firm,
or corporation, to place or carry or cause to be placed or
carried, in any vehicle, a container containing Class 2
explosives, any exploders, detonators, blasting caps or other
similar explosive material.
It shall be unlawful for any person, association, firm,
or corporation, in the transportation of Class 2 explosives
to stop such conveyance in any populated area within the
City Limits of Owasso, Oklahoma, except pursuant to a permit
secured as set out herein. Every vehicle, while carrying
Class 2 Explosives, shall display upon an erect pole at the
front end of such vehicle and at such height that it shall
be visible from all directions, a red flag with the word
"DANGER" printed, stamped or sewed thereon in white letters
at least Eight (8) inches in height, or in lieu of such flag
the word "EXPLOSIVES" must be painted on, or attached to the
rear end and each side of such vehicle in letters at least
Eight (8) inches in height.
13 -114 -- DRIVING REQUIREMENTS.
It,shall be unlawful for any person, association, firm,
or corporation, in charge of a vehicle containing Class 2
Explosives, to smoke in, upon or near such vehicle, to
drive, load or unload the vehicle while intoxicated, or to
load or unload such vehicle in a careless or reckless
manner.
13-1-15— DISCHARGE IN CITY.
It shall be unlawful for any person, association, firm,
or corporation, to use or discharge any Class 2 Explosives
within the corporate limits of the City of Owasso, Oklahoma,
except in connection with blasting operations or demolitions
by proper permit or where authorized by Ordinance.
No person, association, firm, or corporation, shall
blast or carry on any blasting operations without first
-3-
BOOK 5041 PAGE 1831
having obtained permission for the Inspections Department of
the City of Owasso, Oklahoma. The applicant for such permit
must file a Certificate of Blasting Liability Insurance
coverage in an amount of not less than Ten Thousand Dollars
($10,000.00) or a greater amount as deemed adequate in each
case, as determined by the Inspections Department, to become
available for the payment of any real and actual damages or
injury to persons or property arising from the blasting or
from the injury to persons or property arising from the
blasting or from the neglect of the person blasting or his
agents or employees, the amount of the insurance not being a
limit to the liability of the person blasting.
In applying for a permit, the person, association,
firm, or corporation blasting must present a plan showing
the location, expected time of blasting, size of charge,
type of explosive and any other information requested or
pertaining to the blasting operation, including but not
limited to a pre- blasting survey of dwellings, structures,
pipe lines, transmission lines, utility service lines and
other information. The pre - blasting survey shall determine
the condition of the structures in terms of resistance to
vibrations of structural and nonstructural elements, and
document any pre - blasting damage, weakness, and other
physical factors that could reasonably be expected to be
effected by the blasting. The survey shall be prepared and
signed by the person or persons who conducted the survey and
shall specify the recommended weights of individual charges
that would prevent damage to the structures examined in the
area and State, if applicable, and the effects repeated
blasting will have on structural fatigue. Eases upon this
survey the Inspections Department may require the permittee
or operator to prevent damage by measures such as
reinforcing the structures (provided consent of the owner is
received), redesign of the blasting plan, or prohibition of
blasting in the vicinity of the structure.
REGULATING PERMITTED BLASTS.
A. All blasting by Class 2 Explosives shall be
blanketed with mats, wire mesh, dirt or other material to
prohibit any debris or material from being discharged into
the air in excess of six (6) feet.
B. All Class 2 Explosives shall be transported,
handled, stored and used under the direction and supervision
of a person of proven experience and ability in blasting
operations or experienced and able in the discharge of
explosives.
C. All discharge of Class 2 Explosives or blasting
operations shall be prohibited within a minimum of Three
Hundred feet of structures, overhead power lines,
communication lines, or utilities services lines, or within
a greater distance as may be deemed necessary by the
Inspections Department, without first giving written notice
to the owners, operators, or occupants thereof. The
blasting areas shall be marked with signs warning of the
blasting and stating that precautions should be taken with
electrical equipment and radio transmitters when within
1,000 feet of the blast site, and a warning signal or
statement shall be sounded prior to any blasting. After
blasting, the areas shall be thoroughly inspected by the
person blasting and an all clear signal or announcement
sounded prior to permitting anyone to enter the blasting
site area.
D. The blasting site and areas within 300 feet
thereof where Class 2 Explosive blasting, loading and
BOOK 5041 PAGE 1832
preparation for blasting is going on shall be kept free of
any and all equipment and any and all persons not essential
to such loading or preparation for blasting. All tamping
is to be accomplished by the use of a wooden stock or device
having no metal parts, and there shall be a separation of at
least fifty (50) feet between a loaded hole and any drilling
operations in preparation of additional blasts. All loaded
holes shall be fired on the same shift that they are loaded,
and the person in charge of blasting shall clear all
unexploded holes and charges and shall not leave the site
until all unexploded charges shall have been removed or
detonated pursuant to a permit. The insertion of a drill,
pick or bar in an unexploded hole shall not be permitted.
E. A record of each blast shall be made and retained
and shall be available for inspection by the Inspections
Department, and the public upon request. The record shall
contain the following data:
(1) Name of permittee, operator, or other person
conducting the blast;
(2) Location, date, and time of blast;
(3) Name of blaster in charge;
(4) Weather conditions;
(5) Type of material blasted;
(6) Number of holes, burden, and spacing;
(7) Diameter and depth of hole;
(8) Types of explosives used;
(9) Total weight of explosives used;
(10) Maximum weight of explosives per delay period of 8
milliseconds or less;
(11) Maximum number of holes per delay period of 8
milliseconds or less;
(12) Method of firing and type of circuit;
(13) Type and height of length of stemming;
(14) If mats or other protections were used; and,
(15) Type of delay electric blasting caps used, and
delay periods used.
13 -117 - FEES.
In applying for a permit to discharge Class 2
Explosives in the City of Owasso, Oklahoma, the person,
association, firm, or corporation blasting shall pay to the
City Clerk of the City of Owasso, Oklahoma, the sum of
$20.00 for each day of blasting.
rev
13- 1-18- NATIONAL FIRE PROTECTION ASSOCIATION
REGULATIONS.
Unless otherwise specifically provided for herein, the
manufacture, storage, placement, transportation, coapping,
or blasting of class two (2) or Class Three (3) explosives,
as defined herein, shall at all times be in compliance with
the most current regulations pertaining to explosives of the
-5-
BOOK 5041 PAGE 1833
National Fire Protection Association.
13 -3-19 - PENALTY.
Violation of any of the requirements imposed by this
Article shall, upon conviction, subject the violator(s) to
the penalties as provided for under Section 1 -108 of the
Code of Ordinances of the City of Owasso, Oklahoma.
SECTION 2. That all ordinances, or parts thereof,
in conflict with the provisions hereof are hereby expressly
repealed.
SECTION 3. That by reason of the iminent danger to
persons and property within the City of Owasso, Oklahoma,
due to the absence of Ordinance provisions regulating
explosives within such City, an emergency is hereby declared
to exist whereby the provisions of this Ordinance shall take
effect upon passage and publication hereof.
Attest: jane Buchanan, city clerk
APPROVED AS TO FORM:
Ronald D. Cates,
City Attorney
this 7th day of July, 1987.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
Von E. Stockler, Mayor
STATE OF OKLAHOMA
TULSA COUNTY
FILED OR RECORDED
87 JUL 27 PM 2:43
JOAN HASTING
TULSA COUNTY CLERK
accaraa
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, as:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the ............
QG3dSSO.. Reporter .... .............•... ............ a weekly
newspaper printed in the City of .... Tulsa
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1983 as amended, and thereafter, and complies with
all other requirements of the laws of Oklahoma with
reference to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication and
not in a supplement, on the following dates:
July 16th 1987
Notary Public
Published in the Owasso Reporter, SECTION 1. That Part Thirteen (13)
P Public Safety of the Code of Ordinances of
Owasso, Tulsa County, Oklahoma, Jul} the City of Owasso, Oklahoma, be
16,1987. am d d
ORDINANCENO.371
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE RELATING
EXPLOSIVES; DEFINING SA
CLARIFYING EXPLOSIVE
PROHIBITING CLASS ONE
EXPLOSIVES, PROHIBITIN.
MANUFACTURE OF EXPLOS
REGULATING STORAGE OF
PLOSIVES, SETTING FORT
RULES AND REGULATIONS PO
EXPLOSIVE MAGAZINES, SE
TING REGULATIONS FOR CAP
ING EXPLOSIVES, REGULATIN
DETERIORATED EXPLOSIVE
REGULATING TRANSPORTATIO
OF EXPLOSIVES, REGULATIN
DRIVING REQUIREMENTS
PROHIBITING DISCHARGE 0
EXPLOSIVES WITHIN CITY
WITHOUT A PERMIT
REGULATING PERMITTE
BLASTS, PROVIDING PENAL
DIRECTING CODIFICATION
REPEALER, DECLARING
EMERGENCY
BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF OW
OKLAHOMA:
en a by designating Chapter One (1)
Fire Prevention as Chapter One (1) Ar-
ticle A -Five Prevention, and inclusion
thereafter of ARticle B- Explosives, with
same providing as follows , to-wit:
13-107- EXPLOSIVESDEMNED
The term "explosive" or "explosives",
whenever used in this Ordinance shall be
held to mean and include any chemical
compound or mechanical mixture that is
commonly used or intanded, for the pur-
pose of producing an explosion, that
contains any oxid "ng and combustible
units, or other ingredients, in such pro-
portions, quantities or packing that an
ignition by fire, by friction, by concus.
aion, by percussion, or by detonator of
any part of the corn and or mixture
which may cause a sudden generation of
highly heated gases that the resultant
gaseous pressures are capable of pro-
ducing destructive effects on contiguous
objects or of destroying life and limb.
13.108 - CLASSIFICATION OF EX-
PLOSIVES.
Class One (1) Explosives shall be liquid
nitroglycerine; high explosives con-
taining over 60 percent (60%) of nitro-
ASSC glycerine (except gelatin dynamite);
absorbent l
or that perndt leakage of m-
troglycerine under any conditions liable
to exist during transportation or storage;
a quantity greater then ten (10) pounds in
one exterior package of nitrocellulose in
a dry and uncompressed condition, and
fulminate of mercury in bulk ina dry
condition, and fulminate of all other
metals in any condition, except as a
component of manufactured articleds not
hereinafter forbidden; or explosives
containing an ammonium salt and a
chlorate.
Class Two (2) Explosives are black
Powder, high explosive (except as
described in Class 1), dynamite, blasting
caps and electric blasting caps, smoke-
less powder for small arms, wet
fulminate of mercury and detonating
fuses.
Class Three (3) Explosives are small
arms ammunition (blank, ball or shot),
primers, fuses (except as described in
Class 2), safety fuses, safety squibs, and
any other explosives not enumerated in
Class 1 and Class 2 and declared by the
Fire Chief or his designee to he relatively'
safe.
13 -109 - MANUFACTURE PRO.
HIBITED.
It is unlawful for any person, associa-
tion, firm, or corporation, to manufacture
any explosive within the corporate limits
Of the City of Owasso, Oklahoma, except
that any Class 2 and Class 3 explosives
may be manufactured in laboratories of
the public school system, and similar
institutions for the purpose of investiga-
tion and instruction and provided that
hand loading of black powder weapons
and small arms ammunition for private
use shall be allowed. Themisture of two
or more explosives for immediate use for
blasting shall not be considered a vio-
lation of this Ordinance.
13 -110 - CLASS 1 EXPLOSIVES
PROHIBITED.
It shall be unlawful for any person,
association, firm, or corporation, to have,
keep, store, sell, offer for sale, give away,
use, transport or have in his possession in
the City of Owasso, Oklahoma, any Class
1 Explosive.
13.111 - STORAGE OF CLASS 2 EX- BOOK 5041 PAGE 1835
PLOSIVES.
Under no circumstances shall any
person, assocition, firm, or corporation,
keep or store any explosives on any
premises which are used and occupied as
a school, theatre, church, or other place
of public assembly and further, no person
shall keep or store any Class 2 Explosives
at any location, except in a properly
authorized magazine. The type and
location of storage magazines must be
approved by the Fire Chief or his
designee of the City of Owasso,
Oklahoma. The amount of Class 2 Ex-
plosives stored in any one magazine shall
be limited to fifty (50) pounds.
13-112 - MAGAZINES - RULES AND
REGULATONS -CLASS 2 EXPLOSIVES.
Explosive magazines shall be made of
fireproof materials and shall be con-
spicuously marked "Magazine Ex-
Each magazine shall be kept locked
during the night, and at all times when the
room in which it is kept is not occupied by
safe and trustworthy persons; and all
magazines must be kept clean and free
from grit, paper, rubbish, and empty
packages.
It shall be unlawful to place, keep or
store any blasting caps or detonators of
any kind N teh same magazine with other
explosives.
Packages of explosives in a magazine
must be neatly piled in such a way that all
of them may be easily examined, and
packages of high explosives must always
An accurate inventory or log shall be
kept showing quantity of explosive stored,
date of acquisition, date of removal and
purpose of removal, which shall at all
times be subject to the inspection of the
Fire Chief or his designee of the City of
Owasso, Oklahoma, and when any kind of
explosive is removed from the magazine,
the oldest of that particular kind must
always be taken, and it shall be the duty
of the magazine keeper to see that that is
done.
No smoking, matches, firearms, or
other things which might discharge or
cause the discharge of explosives in the
City of Owasso, Oklahoma, shall be
permitted within 110 feet of any maga-
zine.
13 -113- CAPPING.
It shall be unlawful for any person,
association, firm, or corporation, to cap a
cartridge within a radius of fifty (50) feet
of magazine, or in any case to cap more
cartridges than necessary for immediate
use.
13 -114 - DETERIORATED EX-
PLOSIVES.
If any explosive is contained in a
magazine so as to be in a dangerous
condition, then the magazine keeper must
immediately remedy the cause; or should
the Fire Chief or his designee receive a
report of deteriorated or leaking ex-
plosives, said Fire Chief or his designee
must cause it to be removed outside the
corporate limits of the City of Owasso,
Oklahoma, and dispose of as he may
deem fit, at the expense of the magazine
keeper.
13 -115 - TRANSPORTATION OF EX-
PLOSIVES.
It shall be unlawful for any person,
association, firm, or corporation, to
transport or carry any explosives within
the corporate limits of the City of Owasso,
Oklahoma, in or upon any public con-
veyance.
It shall be unlawful for any person,
association, firm, or corporation, to place
or carry or cause to be placed or carried,
in any vehicle, a container containing
Class 2 explosives, any exploders, deto-
nators, blasting caps or other similar
explosive material.
It shall be unlawful for any person,
association, firm, or corporation, in the
transportation of Class 2 explosives to
stop such conveyance in any populated
area within the City Limits of Owasso,
Oklahoma, except pursuant to a permit
secured as set out herein. Every vehicle,
while carrying Class 2 Explosives, shall
display upon an erect pole at the front end
of such vehicle and at such height that it
shall be visible from all directions, a red
flag with the word "DANGER" printed,
stamped or sewed thereon in white letters
at least Eight (8) inches in height, or in
lieu of such flag the word "EX-
PLOSIVES" must be painted on, or at-
tached to the rear end and each side of
such vehicle in letters at least Eight (8)
inches in height.
13. 116 - DRIVING REQUIREMENTS.
It shall be unlawful for any person,
association, firm, or corporation, in
charge of a vehicle containing Class 2
Explosives, to smoke in, upon or near
such vehicle, to drive, load or unload the
vehicle while intoxicated, or to load or
unload such vehicle in a careless or
reckless manner.
13- 117 - DISCHARGE IN CITY.
It shall be unlawful for any person,
association, firm, or corporation, to we
or discharge. any Class 2 Explosives
within the cnrporate limits of the City of
Owasso, Oklahoma, except in connection
with blasting operations or demolitions by
proper permit or where authorized by
Ordinance.
No person, association, firm, or cor-
poration, shall blast or carry on any
blasting operations without first having
obtained permission for the INspections
Department of the City of Owasso,
Oklahoma. The applicant for such permit
must file a Certificate of Blasting
Liability Insurance coverage in an
amount of not less than Ten Thousand
Dollars ($10,000.00) or a greater amount
as deemed adequate in each case, as
determined by the Inspections
Department, to become available for the
payment of any real and actual damages
or injury to persons or property arising
from the blasting or from the neglect of
the person blasting or his agents or
employees, the amount of the insurance
not being a limit to the liability of the
person blasting.
In applying for a permit, the person,
association, firm, or corporation blasting
must present a plan showing the location,
expected time of blasting, size of charge,
type of explosive and any other infor-
mation requested or pertaining to the
blasting operation, including but not
limited to a pre - blasting survey of
dwellings, structures, pipe lines,
transmission lines, utility service lines
and other information. The pre - blasting
survey shall determine the condition of
the structures in terms of resistance to
vibrations of structural and nonstructural
elements, and document any pre - blasting
damage, weakness, and other physical
factors that could reasonably be expected
to be effected by the blasting. The survey
shall be prepared and signed by the
person or persons who conducted the
survey and shall specify the recom-
mended weights of individual charges
that would prevent damage to the
structures examined in the area and
BOOK 5041 PAGE 1835
repeated blasting will have on structural
fatigue. Eases upon this survey the In-
spections Department may require the
permittee or operator to prevent damage
by measures such as reinforcing the
structures (provided consent of the owner
is received), redesign of the blasting plan,
or prohibition of blasting in the vicinity of
the structure.
13 -US - REGULATING PERMITTED
BLASTS.
A. All blasting by Class 2 Explosives
shall be blanketed with mats, wire mesh,
dirt or other matiral to prohibit any
debris or material from being discharged
into the air in excess of six (6) feet.
B. All Class 2 Explosives shall be
transported, handled, stored and used
under the direction and supervision of a
Person of proven experience and ability in
blasting operations or experienced and
able in the discharge of explosives.
C. All discharge of Class 2 Explosives or
blasting operations shall be prohibited
within a minimum of Three Hundred feet
of structures, overhead power lines,
communication lines, or utilities services
lines, or within a greater distance as may
be deemed necessary by the Inspections
Department, without first giving written
notice to the owners, operators, or oc-
cupants thereof. The blasting areas shall
be marked with signs warning of the
blasting and stating that precautions
should be taken with electrical equipment
and radio transmitters when within 1,OOo
feet of the blast site, and a warning signal
or statement shall be sounded prior to any
blasting. After blasting, the areas shall be
thoroughly inspected by the person
blasting and an all clear signal or an-
nouncement sounded prior to permitting
anyone to enter the blasting site area.
D. The blasting site and areas within
300 feet thereof where Class 2 Explosives
blasting, loading and preparation for
blasting is going on shall be kept free of
any and all equipment and any and all
persons not essential to such loading or
preparation for blasting. All tamping is to
be accomplished by the use of a wooden
stock or device having no metal parts,
and there shall be a separation of at least
fifty (50) feet between a loaded hole and
any drilling operations in preparation of
additional blasts. All loaded holes shall be
fired on the same shift that they are
loaded, and the person in charge of
blasting shall clear all anexplosed holes
and charges and shall not leave the site
until all unexploded charges shall have
been removed or detonated pursuant to a
permit: The insertion of a drill, pick or
bar in an unexploded hole shall not be
permitted.
E. A record of each blast shall be made
and retained and shall be available for
inspection by the Inspections Depart-
ment, and the public upon request. The
record shall contain the following data:
(1) Name of permittee, operator, or
otherperson conducting the blast;
(2) Location, date, and time of blast;
(3) Name of blaster in charge;
(4) Weather conditions;
BOOK 5041 PAGE 1836
(5) Type of material blasted;
(8) Number of holes, burden, and spac-
ing;
(7) Diameter and depth of hole;
(8) Types of explosives used;
(9) Total weight of explosives used;
(30) Maximum weight of explosives per
delayperiod of 8 milliseconds or less;
(11) Maximum number of holes per delay
period of 8milliseconds or less;
(12) Method of firing and type of circuit;
(13) Type and height of length of stem-
ming;
(14) If mats or other protections were
sued; and,
(15) Type of delay electric blasting caps
used, and delay periods used.
13- 119 -FEES.
In applying for a permit to discharge
Class 2 Explosives in the City of Owasso,
Oklahoma, the person, association, firm,
or corporation blasting shall pay to the
City Clerk of the City of Owasso,
Oklahoma, the sum of $20.00 for each day
of blasting.
13-UO - NATIONAL FIRE PROTEC-
TION ASSOCIATION REGULATIONS.
Unless otherwise specifically provided
for herein, the manufacture, storage,
placement, transportation, capping, or
blasting of Class Two (2) or Class Three
(3) explosives, as defined herein, shall at
all tunes be in compliance with the most
current regulations pertaining to ex-
plosives of the National Fire Protection
Association.
13. 121 - PENALTY.
Violation of any of the requirements
imposed by this Article shall, upon con-
viction, subject the violator(s) to the
Penalties as provided for under Section
1 -108 of the Code of Ordinances of the City
of Owasso, Oklahoma.
SECTION 2. That all ordinances, or
Parts thereof, in conflict with the provi-
sions hereof are hereby expressly
repealed.
SECTION 3. That by reason of the im-
inent danger of persons and property
within the City of Owasso, Oklahoma, due
to the absence of Ordinance provisions
regulating explosives within such City, an
emergency is hereby declared to exist
whereby the provisions of this Ordinance
shall take effect upon passage and
publication hereof.
PASSED AND APPROVED this 7th day
of July, 1987.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
By: /s/ Von E. Stockler
(SEAL) Mayor
Attest:
/s /Jane Buchanan
City Clerk
APPROVED AS TO FORM: -
/s/RonaldD. Cates
City Attorney
Published in the Owasso Reporter,
Owasso, Tulsa County, Oklahoma, July
16,1987.
ORDINANCE NO. 371
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE RELATING TO
EXPLOSIVES; DEFINING SAME,
CLARIFYING EXPLOSIVES,
PROHIBITING CLASS ONE (1)
EXPLOSIVES, PROHIBITING
MANUFACTURE OF EXPLOSIVES,
REGULATING STORAGE OF EX-
PLOSIVES, SETTING FORTH
RULES AND REGULATIONS FOR
EXPLOSIVE MAGAZINES, SET-
TING REGULATIONS FOR CAPP-
ING EXPLOSIVES, REGULATING
DETERIORATED EXPLOSIVES,
REGULATING TRANSPORTATION
OF EXPLOSIVES, REGULATING
DRIVING REQUIREMENTS,
PROHIBITING DISCHARGE OF
EXPLOSIVES WITHIN CITY LD TS
WITHOUT A PERMIT,
REGULATING PERMITTED
BLASTS, PROVIDING PENALTY,
DIRECTING CODIFICATION,
REPEALER, DECLARING
EMERGENCY
BE IT ORDAINED BY THE CM
COUNCIL OF THE CITy OF OWASSO,
OKLAHOMA:
SECTION 1. That Part Thirteen (13)
Public Safety of the Code of Ordinances of
the City of Owasso, Oklahoma, be
amended by designating Chapter One (1)
Fire Prevention as Chapter One (1) Ar-
ticle A -Fire Prevention, and inclusion
thereafter of ARticle B- Explosives, with
same providing m follows, to-wit
13.107 - EXPLOSIVES DEFINED
The term "explosive" or "explosives ",
whenever used in this Ordinance shall be
held to mean and include any chemical
compound or mechanical mixture that is
commonly used or intended,for the pur-
pose of producing an explosion, that
contains any oxidizing and combustible
units, or other ingredients, in such pro-
portions, quantities or packing that an
ignition by fire, by friction, by concus-
sion, by percussion, or by detonator of
any part of the compound or mixture
which may cause a sudden generation of
highly heated gases that the resultant
gaseous pressures are capable of Pro-
ducing destructive effects on contiguous
objects or of destroying life and limb.
13-108 - CLASSIFICATION OF EX-
PLOSIVES.
Class One (1) Explosives shall be liquid
nitroglycerine; high explosives con-
taining over 60 percent (60%) of nitro-
glycerine (except gelatin dynamite);
high explosives having an unsatisfactory
absorbent or that permit leakage of ni-
troglycerine under any conditions liable
to exist during transportation or storage;
a quantity greater then ten (10) pounds in
one exterior package of nitro-cellulose in
a dry and uncompressed condition, and
fulminate of mercury in bulk Ina dry
condition, and fulminate of all other
metals in any condition, except as a
component of manufactured artieleds not
hereinafter forbidden; or explosives
containing an ammonium salt and a
chlorate.
Class Two (2) Explosives are black
powder, high explosive (except as
described in Class 1), dynamite, blasting
caps and electric blasting caps, smoke-
less powder for small arms, wet
fulminate of mercury and detonating
fuses.
Class Three (3) Explosives are small
arms ammunition (blank, ball or shot),
primers, fuses (except as described in
Class 2), safety fuses, safety squibs, and
any other explosives not enumerated in
Class 1 and Class 2 and declared by the
Fire Chief or his designee to be relatively
safe.
13 -109 MANUFACTURE PRO-
DEBITED.
It is unlzwful for any person, associa-
tion, firm,, i corporation, to manufacture
any explos:v a within the corporate limits
of the City of Owasso, Oklahoma, except
that any Class 2 and Class 3 explosives
may be manufactured in laboratories of
the public school system, and similar
institutions for the purpose of investiga-
tion and instruction and provided that
hand loading of black powder weapons
and small arms ammunition for private:
use shall be allowed. The mixture of two
or more explosives for immediate use for
blasting shall not be considered a vio-
lation of this Ordinance.
13 -110 - CLASS 1 EXPLOSIVES
PROHIBITED.
It shall be unlawful for any person,
association, firm, or corporation, to have,
keep, store, sell, offer for sale, give away,
use, transport or have in his possession in
the City of Owasso, Oklahoma, any Class
1 Explosive.
13.111 - STORAGE OF CLASS 2 EX-
PLOSIVES.
Under no circumstances shall any
person, assocition, firm, or corporation,
keep or store any explosives on any
premises which are used and occupied as
a school, theatre, church, or other place
of public assembly and further, no person
shall keep or store any Class 2 Explosives
at any location, except in a properly
authorized magazine. The type and
location of storage magazines must be
approved by the Fire Chief or his
designee of the City of Owasso,
Oklahoma. The amount of Class 2 Ex-
plosives stored in any one magazine shall
be limited to fifty (50) pounds.
13-112 - MAGAZINES - RULES AND
REGULATONS -CLASS 2 EXPLOSIVES.
Explosive magazines shall be made of
fireproof materials and shall be con-
spicuously marked "Magazine Ex-
plosives".
Each magazine shall be kept locked
during the night, and at all times when the
room in which it is kept is not occupied by
safe and trustworthy persons; and all
magazines must be kept clean and free
from grit, paper, rubbish, and empty
packages.
It shall be unlawful to place, keep or
store any blasting caps or detonators of
any kind in teh same magazine with other
explosives.
Packages of explosives in a magazine
must be neatly piled in such a way that all
of them may be easily examined, and
packages of high explosives must always
be placed right side up.
An accurate inventory or log shall be
kept showing quantity of explosive stored,
date of acquisition, date of removal and
purpose of removal, which shall at all
times be subject to the inspection of the
Fire Chief or his designee of the City of
Owasso, Oklahoma, and when any kind of
explosive is removed from the magazine,
the oldest of that particular kind must
always be taken, and it shall be the duty
of the magazine keeper to see that that is
done.
No smoking, matches, firearms, or
other things which might discharge or
cause the discharge of explosives in the
City of Owasso, Oklahoma, shall be
permitted within 110 feet of any maga-
zine.
13. 113 - CAPPING.
It shall be unlawful for any person,
association, firm, or corporation, to cap a
cartridge within a radius of fifty (50) feet
of magazine, or in any case to cap more
cartridges than necessary for immediate
use.
13.114 - DETERIORATED EX-
PLOSIVES.
If any explosive is contained in a
magazine so as to be in a dangerous
condition, then the magazine keeper must
immediately remedy the cause; or should
the Fire Chief or his designee receive a
report of deteriorated or leaking ex-
plosives, said Fire Chief or his designee
must cause it to be removed outside the
corporate limits of the City of Owasso,
Oklahoma, and dispose of as he may
deem fit, at the expense of the magazine
keeper.
13-115 - TRANSPORTATION OF EX-
PLOSIVES.
It shall be unlawful for any person,
association, firm, or corporation, to
transport or carry any explosives within
the corporate limits of the City of Owasso,
Oklahoma, in or upon any public con-
veyance.
It shall be unlawful for any person,
association, firm, or corporation, to place
or carry or cause to be placed or carried,
in any vehicle, a container containing
Class 2 explosives, any exploders, date,
nature, blasting caps or other similar
explosive material.
It shall be unlawful for any person,
association, firm, or corporation, in the
transportation of Class 2 explosives to
stop such conveyance in any populated
area within the City Limits of Owasso,
Oklahoma, except pursuant to a permit
secured as set out herein. Every vehicle,
while carrying Class 2 Explosives, shall
display upon an erect pole at the front end
of such vehicle and at such height that it
shall be visible from all directions, a red
flag with the word "DANGER" printed,
stamped or sewed thereon in white letters
at least Eight (8) inches in height, or in
lieu of such flag the word "EX-
PLOSIVES" must be painted on, or at-
tached to the rear end and each side of
such vehicle in letters at least Eight (8)
inches in height.
13.116- DRIVING REQUIREMENTS.
It shall be unlawful for any person,
association, firm, or corporation, in
charge of a vehicle containing Class 2
Explosives, to smoke in, upon or near
such vehicle, to drive, load or unload the
vehicle while intoxicated, or to load or
unload such vehicle in a careless or
reckless manner.
13- 117 - DISCHARGE IN CITY.
It shall be unlawful for any person,
association, firm, or corporation, to use
or discharge any Class 2 Explosives
within the corporate limits of the City of
Owasso, Oklahoma, except in connection
with blasting operations or demolitions by
proper permit or where authorized by
Ordinance.
No person, association, firm, or cor-
poration, shall blast or carry on any
blasting operations without first having
obtained permission for the INspectiom
Department of the City of Owasso,
Oklahoma. The applicant for such permit
must file a Certificate of Blasting
liability Insurance coverage in an
amount of not less than Ten Thousand
Dollars ($30,000.00) or a greater amount
as deemed adequate in each case, as
determined by the Inspections
Department, to become available for the
payment of any real and actual damages
or injury to persons or property arising
from the blasting or from the neglect of
the person blasting or his agents or
employees, the amount of the insurance
not being a limit to the liability of the
.person blasting.
In applying for a permit, the person,
association, firm, or corporation blasting
must present a plan showing the location,
expected time of blasting, size of charge,
type of explosive and any other infor-
mation requested or pertaining to the
blasting operation, including but not
limited to a pre - blasting survey of
dwellings, structures, pipe lines,
transmission lines, utility service lines
and other information. The pre - blasting
survey shall determine the condition of
the structures in terms of resistance to
vibrations of structural and nonstructural
elements, and document any pre- blasting
damage, weakness, and other physical
factors that could reasonably be expected
to be effected by the blasting. The survey
shall be prepared and signed by the
person or persons who conducted the
survey and shall specify the recom-
mended weights of individual charges
that would prevent damage to the
structures examined in the area and
State, if applicable, and the effects
repeated blasting will have on structural
fatigue. Eases upon this survey the In-
spections Department may require the
permittee or operator to prevent damage
by measures such as reinforcing the
structures (provided consent of the owner
is received), redesign of the blasting plan,
or prohibition of blasting in the vicinity of
the structure.
(11) Maximum number of holes per delay
period of 8 nullisec =ds or less;
(12) Method of firing and type of circuit;
(13) Type and height of length of stem-
ming;
(14) If mats or other protections were
sued; and,
(15) Type of delay electric blasting caps
used, and delay periods used.
13. 119 -FEES.
In applying for a permit to discharge
Class 2 Explosives in the City of Owasso,
Oklahoma, the person, association, firm,
or corporation blasting shall pay to the
City Clerk of the City of Owasso,
Oklahoma, the sum of $20.80 for each day
of blasting.
13-IN - NATIONAL FIRE PROTEC
TION ASSOCIATION REGULATIONS.
Unless otherwise specifically provided
for herein, the manufacture, storage,
Placement, transportation, capping, or
blasting of Class Two (2) or Class Three
(3) explosives, as defined herein, shall at
all tines be in compliance with the most
current regulations pertaining to ex-
plosives of the National Fire Protection
Association.
13 -121- PENALTY.
Violation of any of the requirements
imposed by this Article shall, upon con-
viction, subject the violator(s) to the
penalties as provided for under Section
1 -108 of the Code of Ordinances of the City
of Owasso, Oklahoma.
SECTION 2. That all Ordinances, or
Parts thereof, in conflict with the provi-
sions hereof are hereby expressly
repealed.
SECTION 3. That by reason of the im.
t=ent danger of persons and property
within the City of Owasso, Oklahoma, due
to the absence of Ordinance provisions
regulating explosives within such City, an
emergency is hereby declared to exist
whereby the provisions of this Ordinance
shall take effect upon passage and
publication hereof.
PASSED AND APPROVED this 7th day
Of July, 1987.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
By: /s/ Von E. Stockler
Mayor
(SEAL)
Attest:
/a/ Jane Buchanan
City Clerk
APPROVED AS TO FORM:
/s/Ronald D. Cates
City Attorney
A. All blasting by Class 2 Explosives
shall be blanketed with mats, wire mesh,
dirt or other matiral to prohibit any
debris or material from being discharged
into the air in excess of six (6) feet.
B. All Class 2 Explosives shall be
transported, handled, stored and used
Affidavit Of Publication
under the direction and supervision of a
person of proven experience and ability in
blasting operations or experienced and
able in the discharge of explosives.
C. All discharge of Class 2 Explosives or
STATE OF OKLAHOMA, TULSA COUNTY, as:
blasting operations shall be prohibited
within a minimum of Three Hundred feet
Bill R. Retherford, of lawful age, being duly sworn
Of structures, overbead power lines,
communication lines, or utilities services
lutes, or within a greater distance as may
and authorized, says that he is the publisher of the
be deemed necessary by the Inspections
Owasso Reporter, a weekly
Department, without first giving written
notice to the owners,
operators, or oc-
cupants thereof. The blasting areas shall
newspaper printed in the City of Tulsa
be marked with signs warning of the
blasting and stating that
precautions
should be taken with electrical equipment
Tulsa County, Oklahoma, a newspaper qualified to
and radio transmitters when within 1,wo
feet of the blast site, and a warningsigwi
publish legal notices, advertisements and publications as
or statement shall be sounded prior Is any
blasting. After blasting, the areas shall be
provided in Section 106 of Title 25, Oklahoma Statutes 1971
blasting n�allllecleear sigr* Person
g gel; or
and 1983 as amended, and thereafter, and complies with
an-
nonce sounded prior permitting
anyone to en to enter the blasting site e area.
all other requirements of the laws of Oklahoma with
and D. The blasting site d areas within
300 feet thereof where Class 2 Explosives
reference to legal publications.
blasting, loading and preparation for
blasting is going on shall be kept free of
any and all equipment and any and all
That said notice, a true copy of which is attached
P Persons on t fo sentia unto Asuuch loading or
tamping
hereto, was published in the regular edition of said
be accomplished by the use wooden
stock or device having no metal parts,
and there shall be a separation of at least
newspaper during the period and time of publication and
qty (50) feet between a loaded hole and
not in a supplement, on the following dates:
any additional blasts. All loaded holes shall be
July 16th 7
fired on the same shift that they are
loaded, and the in
person charge of
basting shall clear all unexplosed holes
and charges and shall not leave the site
until all unexploded charges shall have
been removed or detonated pursuant to
Subscribed and sworn to before me
permit. The insertion of a drill, pick or
bar in n =exploded hole shall not be
Permied.
E. A record of each blast shall be made
and retained and shall be available for
inspection by the Inspections Deport-
Notary Public
ment, and the public upon request. The
record shall contain the following data:
September J.3 1987
My Commission expires:
(1) Name of peratittee, operator, or
other person conducting the blast;
(2) Location, date, and time of blast;
PUBLISHER'S FEE $233,89
(3) Name of blaster in charge;
(4) Weather conditions;
(5) Type of material bleated;
(6) Number of holes, burden, and spar
(7) Diameter and depth of hole;
(8) Types of explosives used;
(9) Total weight of explosives used;
(10) Maximum weight of explosives per
(11) Maximum number of holes per delay
period of 8 nullisec =ds or less;
(12) Method of firing and type of circuit;
(13) Type and height of length of stem-
ming;
(14) If mats or other protections were
sued; and,
(15) Type of delay electric blasting caps
used, and delay periods used.
13. 119 -FEES.
In applying for a permit to discharge
Class 2 Explosives in the City of Owasso,
Oklahoma, the person, association, firm,
or corporation blasting shall pay to the
City Clerk of the City of Owasso,
Oklahoma, the sum of $20.80 for each day
of blasting.
13-IN - NATIONAL FIRE PROTEC
TION ASSOCIATION REGULATIONS.
Unless otherwise specifically provided
for herein, the manufacture, storage,
Placement, transportation, capping, or
blasting of Class Two (2) or Class Three
(3) explosives, as defined herein, shall at
all tines be in compliance with the most
current regulations pertaining to ex-
plosives of the National Fire Protection
Association.
13 -121- PENALTY.
Violation of any of the requirements
imposed by this Article shall, upon con-
viction, subject the violator(s) to the
penalties as provided for under Section
1 -108 of the Code of Ordinances of the City
of Owasso, Oklahoma.
SECTION 2. That all Ordinances, or
Parts thereof, in conflict with the provi-
sions hereof are hereby expressly
repealed.
SECTION 3. That by reason of the im.
danger of persons and property
within the City of Owasso, Oklahoma, due
to the absence of Ordinance provisions
regulating explosives within such City, an
emergency is hereby declared to exist
whereby the provisions of this Ordinance
shall take effect upon passage and
publication hereof.
PASSED AND APPROVED this 7th day
Of July, 1987.
CITY OF OWASSO, OKLAHOMA
A Municipal Corporation
By: /s/ Von E. Stockler
Mayor
(SEAL)
Attest:
/a/ Jane Buchanan
City Clerk
APPROVED AS TO FORM:
/s/Ronald D. Cates
City Attorney