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31.40.080 Additional Requirements for Blasting Activities.

City Code Section
  1. A.  A blasting permit is required for every individual project requiring blasting.  It shall be a violation of this Title for any person or entity to do any of the following without first obtaining a permit from the Fire Marshal.
    1. 1.  be in possession of high explosive materials, as defined by the adopted fire code;
    2. 2. transport explosives;
    3. 3.  conduct an operation or activity requiring the use of explosive materials; or
    4. 4.   perform, order or supervise the loading and firing of high explosive materials for the purpose of blasting.
  2. B.  Certificate of Insurance.
  3. The applicant shall provide a certificate of liability insurance to include X, C, U coverage in a form to be approved by the City:
    1. 1.  an amount not less than one million dollars ($1,000,000), or
    2. 2.  Such additional amount as may be reasonable under all of the circumstances then existing as determined by the Fire Marshal.
  4. The certificate of insurance shall state on its face that the underlying liability insurance policy includes coverage for and indemnification of the City, its officers, agents (including any blasting consultant in the employ of the City, and any employees of such blasting agent) as additional insured, against any claims brought by owners of any property for loss or damage that resulted from such blasting and coverage to indemnify, hold harmless and defend the City, its officers, agents, and employees in and from any cost, attorney’s fees or judgments arising in any way from the actions of the permittee as a result in whole or in part from the blasting.  The certificate shall also state that the insurance company must give the City a minimum of 10 days’ notice of cancellation of the required liability insurance coverage.  Notice shall include notice to the Fire Marshal.
  5. C.  Additional Permissions.
    1. 1.  A valid Certificate of Possession from the Bureau of Alcohol, Tobacco and Firearms must be obtained prior to issuance of a permit. 
    2. 2.  High explosive materials shall not be transported, sold, given, delivered, or transferred to anyone in the City not in possession of a valid blasting permit.
    3. 3.  Permits for blasting projects in a public right-of-way or adjacent to a public right-of-way when the blast may affect operation of the right-of-way shall not be issued unless approved by other City Bureaus or other public agencies as deemed appropriate by the Fire Marshal.
  6. D.  City Assumes No Liability.
  7. By the passage of the ordinance codified in this chapter or the issuance of any permit under this chapter, the City assumes no responsibility for any damage caused by the person or entity blasting within the City.