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Legislation #: 180591 Introduction Date: 8/16/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending the Building and Rehabilitation Code, Chapter 18, Code of Ordinances, by repealing Section 18-400 pertaining to blasting and enacting in lieu thereof one new section of like number and subject matter and amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by adding one new Section 26-5607.1 pertaining to blasting.

Legislation History
DateMinutesDescription
8/14/2018 Filed by the Clerk's office
8/16/2018 Referred to Planning, Zoning & Economic Development Committee
8/22/2018 Advance and Do Pass, Debate
8/22/2018 Advance and Do Pass, Debate
8/23/2018 Passed

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ORDINANCE NO. 180591

 

Amending the Building and Rehabilitation Code, Chapter 18, Code of Ordinances, by repealing Section 18-400 pertaining to blasting and enacting in lieu thereof one new section of like number and subject matter and amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by adding one new Section 26-5607.1 pertaining to blasting.

 

WHEREAS, this ordinance amends technical codes; and

 

WHEREAS, Section 67.280, Revised Statutes of Missouri, requires that at least three copies of an amendment to a model code that is proposed to be adopted by a city be filed with the City Clerk for not less than 90 days before such amendment may be adopted; and,

 

WHEREAS, The Missouri Blasting Safety Act adopted by the Missouri General Assembly in 2007 and codified in Sections 319.300 through 319.345, Revised Statutes of Missouri, preempted existing City ordinances regulating blasting; and

 

WHEREAS, The Missouri Blasting Safety Act states the specific regulatory activities the City is authorized to undertake; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Building and Rehabilitation Code, Chapter 18, Code of Ordinances, is hereby amended by repealing Section 18-400 pertaining to blasting and enacting in lieu thereof one new section of like number and subject matter and the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances, is hereby amended by adding one new Section 26-5607.1 pertaining to blasting, to read as follows:

Sec. 18-400. Preemption.

 

The provisions of this Article have been preempted by the Missouri Blasting Safety Act, codified in Sections 319.300 through 319.345, Revised Statutes of Missouri, and are therefore deleted from this chapter.

 

Sec. 26-5607.1. Notice; preemption.

 

(a) Any person using explosives who conducts blasting in the city that is required to provide notice to an appropriate city representative and fire protection official pursuant to section 319.342, Revised Statutes of Missouri, shall provide such notice to the fire marshal.

 

(b) Notice shall be given at least two business days in advance of blasting in writing or by telephone.

 

(c) The notice required by this section shall state the name, address, and telephone number of the person using explosives, the name of the individual responsible for supervision of blasting, the blasters license or registration number, if applicable, the policy number and claims contact information for their general liability insurance, the date and approximate period over which blasting will be conducted, the location of blasting by street address, route, or other description, and the nature of the project or reason for blasting.

 

(d) If blasting will be conducted at an ongoing project, such as a long term construction project, or at a permanent site, such as a surface mine, the person using explosives shall only be required to make one notice to the fire marshal in advance of the first use of explosives.

 

(e) No notice is required to be given for ongoing projects or permanent sites in existence on August 28, 2007.

 

(f) A fee in the amount of $70.00 shall be assessed to cover processing and recording-keeping of the notice.

 

(g) The city manager shall have the authority to adjust the fee listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

(h) The provisions of section 26-5607, with the exception of the above provisions, have been preempted by the Missouri Blasting Safety Act, codified in Sections 319.300 through 319.345, Revised Statutes of Missouri, and are therefore deleted from this code.

 

Section 2. Pursuant to Section 67.280, RSMo, the Council finds that at least three copies of this proposed amendment to a technical code was filed with the City Clerk and made available for public use, inspection, and examination at least 90 days prior to the adoption of this ordinance.

 

________________________________________

 

Approved as to form and legality:

 

 

______________________________

Alan Holtkamp

Assistant City Attorney