§ 38-6. Ammonium nitrate storage.

(a)

Definitions.

Chief. The public safety director/chief of the fire department or his designee or authorized representative is hereby designated as "the authority having jurisdiction" wherever that expression appears in this section. The terms "public safety director" and "chief of the fire department" are interchangeable and mean the same person or position.

Jurisdiction. "Jurisdiction" wherever used in this section shall mean the city.

Permit. The term "permit" wherever used in this section, shall mean the written authority of the city issued pursuant to this section to store, keep or possess pure nitrate, fertilizer nitrate or other grades of ammonium nitrate that are classified as oxidizing materials by the authority having jurisdiction.

(b)

Application. This section shall apply to all persons, firms, corporations, partnerships, governmental units except federal, and associations storing, having, or possessing pure nitrate, fertilizer nitrate or other grades of ammonium nitrate classified as oxidizing materials by the authority having jurisdiction and to the owner or lessee of any building or premises in or on which pure nitrate, fertilizer nitrate or other grades of ammonium nitrate is stored or kept.

(c)

Permitted locations. The storage of pure nitrate, fertilizer nitrate or other grades of ammonium nitrate in quantities of 1,000 lb. (454 kg.) or more is prohibited within the following limits.

(1)

No permit shall be issued until approval has been given for the proposed storage location with respect to proximity to places of public assembly, schools, hospitals and churches, dams and adequacy of water supply for fire control in accordance with the provisions of the International Fire Code as adopted by the city.

(2)

The chief or his designee can issue a permit for the continued use of an existing warehouse, storage facility, handling equipment, building and structure for the storage of pure nitrate, fertilizer nitrate or other grades of ammonium nitrate that is not in strict compliance with the terms of this section in cases where continued use will not constitute a hazard to life or adjoining property. In cases where such permit is denied, the chief or his designee shall notify the applicant and specify the reason for denial in writing.

(d)

Permits.

(1)

A permit issued pursuant to this section shall be obtained from the chief or his designee to store, possess or keep in quantities of 1,000 lb. (454 kg.) or more, pure nitrate, fertilizer nitrate or other grades of ammonium nitrate, and mixtures containing 60 percent or more by weight of ammonium nitrate and that are classified as oxidizing materials by the authority having jurisdiction.

(2)

Permits shall not be transferable.

(3)

Each permit granted by the chief or his designee shall be valid for such period as might be specified on the permit but not shall exceed one year and shall be a revocable license, and shall expire when revoked.

(4)

The fee charged for each permit shall be as established by the city council.

(e)

Inspection and approval.

(1)

Application for a permit to use or operate facilities for the storage, possessing, or keeping of pure nitrate, fertilizer nitrate or other grades of ammonium nitrate as herein required shall be made in writing to the chief on forms available at the city building official's office. The chief or his designee shall then cause an inspection to be made of the premises and equipment proposed to be used. If they are found to be in compliance with this section, a statement to that effect shall be noted on the application and the application signed by the person making the inspection. The chief or his designee shall thereupon issue a permit.

(2)

The chief or his designee can at any reasonable time inspect the premises, building, installations, or equipment for the storage and handling pure nitrate, fertilizer nitrate or other grades of ammonium nitrate. If a violation of this section is found to exist, the chief or his designee shall file with the owner, occupant, or operator a notice citing the violation and ordering its correction. If such order is not complied with within ten days, the chief or his designee may suspend the permit issued for such facility.

(3)

In the event that an inspection reveals a violation of this section serious enough in the chief or his designees opinion to constitute a clear and present danger to the public safety, the chief shall take whatever measures necessary to correct, abate, or remove the hazard or condition.

(f)

Appeals.

(1)

An owner, lessee, agent, operator, or occupant aggrieved by an order issued pursuant to this section can file an appeal to the building board of appeals within ten days from the service of such an order, and the building official shall fix a time and place not less than five days nor more than ten days thereafter when and where such an appeal can be heard. Such appeal shall stay the execution of such order, until it has been heard and reviewed, vacated, or confirmed. Nothing in this section shall be construed as preventing the chief from taking any action indicated elsewhere in this section.

(2)

The building board of appeals shall at such hearing issue an order affirming, modifying, revoking, or vacating such order. Unless revoked or vacated, such order shall then be complied with.

(3)

Nothing therein contained shall be deemed to deny the right of any person, firm, corporation, partnership or volunteer association to appeal from an order or decision of the building board of appeals to a court of competent jurisdiction. Such appeal shall stay the execution of such order until it has been heard and reviewed, vacated, or confirmed.

(g)

Penalties. Any person, firm, corporation, partnership, governmental unit except federal, or association violating any provisions of this section or failing to comply therewith, or violating or failing to comply with any order made thereunder, or building in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no timely appeal has been taken, or failing to comply with such an order as affirmed or modified by the building board of appeals or by a court of competent jurisdiction, within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons, firms, corporations, partnerships, governmental units except federal, or associations shall be required to correct or remedy such violations or defects within a reasonable time as specified by the chief or applicable order; and each day that prohibited conditions are maintained shall constitute a separate offense. The application of the foregoing penalty shall not prevent the forced removal of prohibited conditions or abatement or injunction thereof.

(Ord. No. 06-358, §§ 1—7, 2-20-06)