Chapter 10.36
EXPLOSIVES – FLAMMABLE LIQUIDS AND GASES1
Sections:
10.36.003 Explosives – Definition.
10.36.005 Explosion unlawful – Council approval required.
10.36.010 Keeping explosive or combustible substance.
10.36.020 Restricted explosives designated.
10.36.030 Second class magazine.
10.36.040 Blasting caps in second class magazine.
10.36.050 Selling or giving explosives to minor.
10.36.060 Handling explosives after dark.
10.36.070 Permit required for keeping flammable gas or liquid.
10.36.080 Conditions for granting permit to keep flammable gas or liquid.
10.36.090 Flammable liquid or gas permit denial.
10.36.100 Notification of flammable liquid or gas permit issuance.
10.36.003 Explosives – Definition.
“Explosive” or “explosives,” when used in this chapter, 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 detonation of any part of the compound or mixture may cause such 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 or limb; provided, that for purposes of this chapter, small arms ammunition, small arms ammunition primers and other hand loader components, smokeless powder not exceeding 50 pounds, black powder not exceeding five pounds, and fireworks as defined elsewhere in the Buckley Municipal Code shall not be defined as explosives. (Ord. 1044 § 1, 1983).
10.36.005 Explosion unlawful – Council approval required.
It is unlawful for any person to explode, attempt to explode, assist in the explosion of, or encourage the explosion of any explosive within the city limits without first obtaining the consent of the city council. Application for permission to explode an explosive shall be made at any regularly scheduled council meeting. The council may deny the request if it determines there is a risk of harm to persons or property as a result of the proposed explosion. The council shall also deny the request if insufficient information is provided with regards to the amount of explosives to be used, the safety measures to be taken, and any other necessary information the council may deem appropriate in order to make an informed decision on the issue. The council may grant permission to use explosives upon any terms and conditions it deems to be necessary in order to adequately protect the public safety. Any request to explode explosives within the city must obtain a favorable vote of a majority plus one of the whole membership of the council. (Ord. 1044 § 2, 1983).
10.36.010 Keeping explosive or combustible substance.
Every person who makes or keeps any explosive or combustible substance in the city, or carries it through the streets thereof in a quantity or manner prohibited by law or by city ordinance; and every person who, by careless, negligent or unauthorized use or management of any such explosive or combustible substance, injures or causes injury to the person or property of another, is guilty of a misdemeanor. (Ord. 737 § 1.24.070, 1968).
10.36.020 Restricted explosives designated.
Except as provided in this chapter, it is unlawful for any person to store, deposit or keep within the corporate limits of the city any powder, nitroglycerine, or any chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosive, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such 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 or limb. (Ord. 497 § 1, 1937).
10.36.030 Second class magazine.
One second class magazine containing not more than 50 pounds of the explosives mentioned in BMC 10.36.020 may be allowed by the city council, who shall have authority to grant permission where such explosives may be stored and kept, when the second class magazine is made of fireproof material, or wood covered with sheet iron, and placed on wheels and located not more than 10 feet from, on the same floor with and directly opposite to, the entrance on the floor nearest the street level. The explosives shall at all times be kept or stored therein, and except when necessarily opened for use by authorized persons, shall be kept securely locked. Upon each magazine there shall at all times be kept conspicuously posted a sign with the words “MAGAZINE – EXPLOSIVES – DANGEROUS” legibly thereon. No blasting caps, or other detonating or fulminating caps shall be kept or stored in such magazine. (Ord. 497 § 2, 1937).
10.36.040 Blasting caps in second class magazine.
One second class magazine containing not more than 5,000 blasting caps may be allowed if the second class magazine is placed on wheels and located on the floor nearest the street level. (Ord. 497 § 3, 1937).
10.36.050 Selling or giving explosives to minor.
It is unlawful to sell, give away or otherwise dispose of or deliver to any person, under 18 years of age, explosives, whether said person is acting for himself or for any other person. (Ord. 497 § 4, 1937).
10.36.060 Handling explosives after dark.
It is unlawful for any person to handle, sell, dispose, deliver or receive any of the articles or materials mentioned in this chapter after dark, or by the aid of any lamp, lantern, candle, match or other artificial light, and it is unlawful to allow any electric light within any of the magazines. (Ord. 497 § 5, 1937).
10.36.070 Permit required for keeping flammable gas or liquid.
No person shall use, keep or store, or permit the keeping or storage, within the limits of the city, in larger quantities than one gallon, to be always kept in closed metallic cans or tanks, in any one building or upon any one premises or place, any of the products of petroleum, including benzine, gasoline, naptha or any hydrocarbon liquid which will flash or emit an inflammable vapor at a temperature below 110 degrees Fahrenheit, without first obtaining a written or printed permit from the superintendent of streets of the city. (Ord. 200 § 1, 1910).
10.36.080 Conditions for granting permit to keep flammable gas or liquid.
Permits may be granted by the superintendent of streets upon the following terms and conditions:
(1) Not more than 50 gallons of gasoline or any product of petroleum shall be kept in any one place.
(2) All gasoline or any product of petroleum in excess of one gallon and not more than 10 gallons must be stored outside the walls of any building at a place to be approved by the superintendent of streets. Over 10 gallons and not more than 50 gallons must be stored in an iron tank not less than 30 feet from any building, and housed over with a corrugated iron shed set up on legs not less than eight inches high, the space between the legs to be left open and the door thereof to be secured with a lock; or the tank shall be buried underground deep enough so that not less than four feet of earth shall cover the top of the same, a filling pipe shall extend up to the surface of the ground and the tank shall be filled in no other manner. The same to have a cover screwed to the top and secured to the pipe with a chain and lock; the tank must be provided with a three-quarter inch vent pipe, which must extend at least eight feet above the roof of the building. The vent must have a return bend on top and must not pass through or into the building under any circumstances. The tank may be emptied only by means of a suction pump. (Ord. 200 § 2, 1910).
10.36.090 Flammable liquid or gas permit denial.
Permits referred to in BMC 10.36.070 and 10.36.080 will not be granted by the superintendent of streets where, in his judgment, the use by the applicant in the manner proposed by him or the quantity to be kept would endanger the safety of life or property. (Ord. 200 § 3, 1910).
10.36.100 Notification of flammable liquid or gas permit issuance.
The superintendent of streets shall notify the chief of the fire department of the issue of all permits under BMC 10.36.070 and 10.36.080, giving the exact location where the same is stored. (Ord. 200 § 4, 1910).
For statutory provisions regarding explosives, see Chapter 70.74 RCW.