Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 10-23-2006 by L.L. No. 11-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 85.
Environmental quality review — See Ch. 117.
Flood damage prevention — See Ch. 133.
Noise — See Ch. 166.
Soil erosion and sediment control — See Ch. 206.
Street excavations — See Ch. 214, Art. I.
Subdivision of land — See Ch. 217.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also repealed former Ch. 80, Blasting, adopted 8-12-1968, as amended.

§ 80-1 Title.

This chapter shall be known as "Local Law Regulating Blasting and the Use of Explosives and Combustibles in Blasting Operations."

§ 80-2 Statutory authority; findings; construal of provisions.

A. 
This chapter is enacted pursuant to the powers vested in the Town of Wappinger by the Municipal Home Rule Law and § 130 Subdivision 5, of the New York State Town Law.
B. 
The Town Board finds that the regulation of blasting operations and the use and storage of explosives within the Town of Wappinger must be extended to protect the public from personal and property damage since such blasting operations have been, and continue to be, a source of potential danger to persons and property within the Town and are of a highly volatile nature. Licensing of specific blasting operations will allow the Town, through the Fire Inspector and the Code Enforcement Officer, to monitor blasting operations for the protection of the public. Insurance requirements will also assure the public that damages sustained from blasting can be redressed. Provisions for minimum effective charges, barricades, watchmen, containment of the blast and notice to nearby homeowners will protect the public from careless blasting procedures. Prior blasting laws enacted by the Town of Wappinger were found to be outdated, so this chapter was adopted.
C. 
Nothing herein is intended, nor shall be construed, to relieve the blaster from any liability or to impose any liability on the Town, its officers, employees or agents. The provisions of this chapter shall be considered additional requirements and restrictions for blasting and use and storage of explosives applicable in the Town of Wappinger and are enacted consistent with Labor Law § 464-a. The minimum provisions set forth in Article 16 of the Labor Law entitled "Explosives" apply as well, and the provisions of this chapter are intended to supplement them.

§ 80-3 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
BLASTER
A person who holds a valid certificate, license and permit to perform blasting operations.
BLASTING
The fracture of any heavy mass by detonation of explosive materials. It includes any activity whereby earth or rock is dislodged or torn apart by the use of any explosive and includes the sudden displacement of any vegetation, ground cover, earth, man-made material or rock by the explosion or detonation of an explosive material.
BLASTING AGENT
Any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined.
BLASTING CAP
A detonator.
BLASTING MACHINE
An electrical or electromechanical device capable of providing electrical energy for the purpose of energizing electric blasting caps.
BLASTING MAT
A mat of woven steel wire, tires or other suitable material or construction to cover blast holes for the purpose of preventing fly rock missiles.
BLASTING SITE
A location or locations on the particular property where the blasting will occur. Each detonation will be considered a site.
BLAST ZONE
The area surrounding a blast site subject to the influence of flying debris generated by the detonation of an explosive charge.
BUILDING
Includes, but is not limited to, any structure or assembly used for occupancy or storage and subject to the jurisdiction of the Town Building Department.
BURDEN
That dimension of a medium to be blasted measured from the borehole to the face at right angles to the spacing. It means also the total amount of material to be blasted by a given hole, usually measured in cubic yards or in tons.
CERTIFICATE OF COMPETENCE
Written authorization to keep, store, transport, manufacture or use explosives issued pursuant to Article 16 of the New York State Labor Law and 12 NYCRR § 39.5.
CFR
The Code of Federal Regulations in effect on the date this chapter was last amended.
A. 
Any chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion that contains any oxidizing and combustible materials or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion 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 pressure is capable of producing destructive effects on contiguous objects.
B. 
The term "explosive" includes, but is not limited to:
(1) 
A commercial explosive, propellant or nitrocarbonitrate.
(2) 
A high explosive or a low explosive as defined by 49 CFR 173.100 et seq.
(3) 
An explosive material, blasting agent, water gel or detonator.
C. 
The term "explosive," except as specifically stated herein, does not include:
(1) 
Small arms ammunition, including smokeless or black powder, when possessed for noncommercial purposes in quantities of five pounds or less.
(2) 
An explosive in a form prescribed by the United States Pharmacopeia.
(3) 
Fireworks regulated under state law.
EXPLOSIVES LICENSE
The license issued by the New York State Department of Labor to purchase, own, possess, transport or use explosives pursuant to § 458 of the Labor Law.
FIREWORKS
Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
LABOR LAW
The Labor Law of the State of New York.
LANDOWNER
The person or persons that own the real property on which blasting is performed or explosives are stored.
MAGAZINE
Any building, structure or other enclosure or container, other than an explosive manufacturing building, used for the storage of explosives.
MISFIRE
An explosive material charge that fails to detonate after an attempt at initiation.
NFPA
National Fire Protection Association.
PERMIT
Written authorization issued by the Town or other appropriate governmental agency to manufacture, sell, possess, store or use explosives.
PERSON
Any natural person, partnership, firm, association, corporation, limited liability company or any other business entity or association.

§ 80-4 Applicability; blasting licenses and permits required.

A. 
This chapter shall apply to each and every person, corporation and business engaged in the manufacture, sale, transportation, storage, handling or use of explosives in the Town. This chapter sets forth procedures for the issuance of permits, payment of fees, recordkeeping, reporting and monitoring compliance. In addition, this chapter establishes penalties for the failure to comply with these requirements.
B. 
No person shall purchase, own, possess, transport or use explosives in the Town of Wappinger, outside the limits of any incorporated village therein, unless the person possesses a valid explosives license and a valid certificate of competence issued by the New York State Department of Labor.
C. 
In addition to the aforementioned explosives license and certificate of competence, no person shall blast or use any explosives in blasting operations in the Town of Wappinger, outside the limits of any incorporated village therein, unless a blaster's permit therefor shall be issued as hereinafter provided.

§ 80-5 Exceptions.

The provisions of this chapter shall not apply to the following:
A. 
The military forces of the United States or its allies, the duly authorized militia of any state or any police force or fire department, provided that the same is acting in its official capacity and in the performance of its public duties;
B. 
The transportation of explosives in interstate or intrastate commerce regulated by the United States Department of Transportation or the New York State Department of Labor;
C. 
Fireworks subject to regulation under Penal Law §§ 270 and 405;
D. 
Small arms ammunition, including smokeless or black powder, when possessed for noncommercial purposes in quantities of five pounds or less;
E. 
Model rocket engines; or
F. 
Pharmaceutical uses as formulated and prescribed by the official United States Pharmacopeia, USPC-1980, 20th Edition.

§ 80-6 Governing standards.

The manufacture, sale, transportation, storage, handling or use of explosives in the Town in accordance with this chapter shall be governed by the provisions, regulations and requirements, and any and all amendments thereto, of:
A. 
Article 16 of the New York State Labor Law;
B. 
12 NYCRR Part 39;
C. 
Title 19 of NYCRR, Chapter XXXIII, Subchapter A, the Uniform Fire Prevention and Building Code of New York State;
D. 
27 CFR 55;
E. 
29 CFR 1926, Subpart U;
F. 
Title 49 of the Code of Federal Regulations;
G. 
NFPA No. 495-1973; and
H. 
Generally recognized criteria and accepted industry standards for the manufacture, sale, transportation, storage, handling or use of explosives.

§ 80-7 Permit required.

No person shall manufacture, sell, possess, store, use or detonate explosives within the Town unless a permit has been issued by the Fire Inspector.

§ 80-8 Requirements for permit.

A. 
Permit to manufacture, sell, possess or store. An application for a permit to manufacture, sell, possess or store explosives shall require the following information, as well as any other information the Fire Inspector deems necessary to ensure public health and safety:
(1) 
The applicant's full name, address and telephone number. If the applicant is a corporation, partnership or other business entity, the name of each officer shall be separately stated. If the applicant is an out-of-state corporation, partnership or other business entity, the applicant must submit proof of filing with the New York State Secretary of State to do business in New York. No permit may be issued unless the applicant is authorized to do business in New York.
(2) 
The location where the applicant proposes to manufacture, sell, possess or store explosives.
(3) 
A statement as to the purpose and need to manufacture, sell, possess or store explosives.
(4) 
Where the manufacture, sale, possession or storage of explosives is subject to state or federal regulation and licensing, a copy of any state or federal license or permit shall be provided, together with the application for a local permit, unless the use is specifically exempted by § 80-5A, above.
(5) 
The quantity of explosives to be manufactured, sold, possessed or stored.
(6) 
The application for a permit shall be signed by the applicant. In addition, the applicant shall sign an acknowledgment, under the penalties of perjury, stating that all information provided in the application or in support of the application is true and accurate.
B. 
Permit to use or detonate. An application for a permit to use or detonate explosives shall require the following information, as well as any other information the Fire Inspector deems necessary to insure public health and safety:
(1) 
The applicant's full name and address. If the applicant is a corporation, partnership or other business entity, the name of each officer shall be separately stated. If the applicant is an out-of-state corporation, partnership or other business entity, the applicant must submit proof of filing with the New York State Secretary of State to do business in New York. No permit may be issued unless the applicant is authorized to do business in New York.
(2) 
Each blasting permit application shall be accompanied by a written authorization by the landowner for such activity.
(3) 
Each blasting permit application shall be accompanied by a certification from the Building Inspector and/or Code Enforcement Officer that the applicant or the owner of the land where the blasting activity shall take place has obtained all necessary permits or that zoning or building permits are not necessary.
(4) 
A designated, on-site representative who will be present at the location during all blasting and authorized to act on behalf of the applicant for all administrative purposes.
(5) 
The name, address and telephone number of the person who will be conducting the blasting, and a copy of the blaster's license to purchase, own, possess, transport and use explosives and a certificate of competence.
(6) 
An estimate of how much blasting is anticipated and the type and amount of material to be ignited or discharged. Where more than one blast is anticipated, the applicant shall estimate how many separate blasts are expected and the approximate duration blasting activity will continue.
(7) 
The time, date and location blasting is scheduled to begin.
(8) 
A list of all landowners, including name and address, within a five-hundred-foot radius of the proposed blast site. The list shall indicate which properties do not have preblast property condition description as described below.
(9) 
A preblast survey of the blasting site which contains the following:
(a) 
A site plan drawn to scale, showing all structures within a five-hundred-foot radius of the proposed blast site. The Fire Inspector, in his sole discretion, may require that the radius be increased based on geological conditions.
(b) 
A preblast property condition description of each structure shown on the site plan. The preblast property condition description shall comply with the following:
[1] 
The person conducting the survey shall give written notice to the owners of the structures shown on the site plan as well as tenants of the property, if any. The notice shall state the dates on which Preblast Property Condition Inspections are to be made and information advising the owner who to contact to schedule an appointment. Copies of all notices shall be provided to the Fire Inspector.
[2] 
The preblast property condition description shall consist of a written description of the interior and exterior condition of each of the structures examined. Descriptions shall locate any existing cracks, damage, or other defects and shall include such information so as to make it possible to determine the effect, if any, of the blasting operations on the defect. Where significant cracks or damage exists or for defects too complicated to describe in words, photographs shall be taken. A good-quality videotape survey of the property, in a reproducible format, with appropriate audio description of locations, conditions, and defects, can be used in lieu of a written form.
[3] 
If a structure is connected to a well, the preblast property condition description shall include information on the age and condition of the well.
[4] 
If a structure is connected to an on-site sewage disposal system, the preblast property condition description shall include information on the age and condition of the on-site sewage disposal system.
[5] 
The blaster as well as the owner of the property being inspected, or the Tenant where appropriate, shall sign all such preblast property condition descriptions once completed.
[6] 
A copy of the preblast property condition description shall be provided to the property owner or tenant upon request.
[7] 
The preblast property condition description shall be kept for a minimum of seven years from the date of the last blast and be available to the Fire Inspector or the Code Enforcement Officer upon request.
[8] 
If a property owner refuses to allow for the conducting of a preblast property inspection or refuses to sign a preblast property condition description form, for whatever reason, the blaster shall note this on the form. The blaster shall make at least three attempts to notify the owner of the need for such preblast property condition description. The last such attempt shall include a written notification and the individual to contact.
[9] 
In the event the property owner cannot be contacted or refuses entry to the structure, a preblast property condition description is not required for that structure.
[10] 
Upon completion of all blasting work, the blaster shall conduct a postblast survey of any properties, structures, and conditions for which complaints of damage have been received or damage claims have been filed. Notice shall be given to all interested parties so that they may be present during the final examination. Records of the final examination shall be distributed the same as the original preblast condition survey.
(c) 
All costs associated with the preblast survey shall be borne by the applicant.
(d) 
The preblast survey must be conducted prior to the initiation of blasting operations.
(e) 
Where a preblast survey indicates electric transmission lines within 500 feet of a proposed blast site, the Fire Inspector or his representative may require testing to determine the presence and level of errant electrical current in the area. If testing indicates the presence of errant electrical current in the vicinity where explosives are to be detonated at a level sufficient to pose a potential threat to public safety, the Fire Inspector may require that any blasting be conducted solely by use of nonelectrical detonation.
(f) 
The Fire Inspector may, in his sole discretion, waive all or any portion of the preblast survey, depending on the particular characteristics of the site, the surrounding area and the type of blasting proposed.
(10) 
The application for a permit to use explosives shall be signed by both the applicant and the blaster. In addition, the applicant shall sign an acknowledgment stating, under the penalties of perjury, that all information provided in the application or in support of the application is true and accurate. The blaster shall also sign an acknowledgment stating that he has read the entire application, that in his opinion blasting at the particular location can be conducted safely, without unreasonable risk, and that, under the penalties of perjury, the blaster's state license is valid, that he is fully authorized to conduct the type of activity set forth in the application and that he agrees to abide by all state and federal safety standards.
(11) 
The form of the application is available in the Town Clerk's office and may be amended from time to time.
[Amended 9-24-2007 by L.L. No. 13-2007]
C. 
A permit to conduct blasting shall be effective for a specific project and specific period of time, not to exceed one year. The Fire Inspector shall have sole discretion to set the term of any permit issued under this section.
D. 
Expiration, revocation or cancellation of the blaster's state license shall automatically void any permit issued under this chapter.
E. 
No blast shall be initiated at any location within the Town unless a written permit to conduct blasting has first been obtained and signed by the Town Engineer and Fire Inspector authorizing blasting at the specific location.
F. 
The Fire Inspector may add to any permit issued under this chapter whatever terms and conditions deemed necessary to protect public health, safety and welfare.
G. 
No permit holder shall transfer or assign a permit issued under this chapter.
H. 
The failure of an applicant to provide any information requested by the Fire Inspector in support of an application for a permit shall be grounds to deny an application or revoke a permit.
I. 
Each applicant must furnish proof of insurance as set forth in § 80-9 herein.
J. 
Each application for a permit shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16E(1) of the Code.
K. 
The Town Fire Inspector or his representative may also request the applicant to supply any other additional information that may be deemed necessary and appropriate to protect the health and safety of the public or to prevent damage to property.

§ 80-9 Insurance; statement of indemnification; issuance of permit.

A. 
Before any permit is issued pursuant to this chapter, the applicant shall submit proof of insurance by supplying a certificate of insurance, issued by an insurance company authorized to do business in the State of New York that has at least an A rating in the A.M. Best ratings.
(1) 
The certificate of insurance shall state that the applicant has insurance coverage in effect for workers' compensation, liability and property damage and a specific endorsement stating that coverage includes liability arising from handling or using explosive materials and conducting blasting activity;
(2) 
The certificate of insurance shall state that coverage shall be not less than $1,000,000 for general liability, including bodily injury to any one person and, subject to the same limit for each person, not less than $5,000,000 for any occurrence, plus insurance for property damage of not less than $1,000,000;
(3) 
The insurance certificate shall name the Town of Wappinger, Dutchess County, New York, as an additional insured;
(4) 
The certificate shall contain a statement that the policy or policies covering the insured will not be canceled, terminated or modified by the insurance company unless 30 days' notice is given to the Town by registered mail and such change or modification is mutually agreed to;
(5) 
The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific Town projects or their representatives on the site of the operation shall not affect the obligation of the insurer under its said policy; and
(6) 
This certificate of insurance shall indicate that the insurance coverage in question shall be in effect for a minimum of one year from the date of the issuance of the blaster's license.
B. 
The form and content of the policy shall be subject to approval by the Town Attorney. The insurance policy, after approval by the Town Attorney, shall be filed with the Town Clerk.
C. 
The Fire Inspector may determine that the extent of the blasting operations in a particular case requires liability insurance coverage in greater amounts than above specified. In such a case, the Fire Inspector shall enter the amount of additional coverage required on the permit and specify the reasons therefor.
D. 
No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect.
E. 
The applicant shall also furnish a notarized statement agreeing to indemnify and hold the Town harmless from any and all claims, actions and proceedings brought by any person, firm or corporation for any injury to any persons or property resulting, directly or indirectly, from the applicant using, storing, handling, transporting or manufacturing explosive material or conducting blasting activity and, moreover, stating the applicant will defend and indemnify the Town against any action brought by any third parties as a result of operating under a Town permit issued under this chapter.
F. 
No permit shall be issued unless and until the applicant has complied with these insurance requirements and provided an agreement indemnifying and holding the Town harmless for any and all damage and injury.

§ 80-10 Inspection; permit revocation; appeals.

A. 
Inspection. Because of the compelling and overriding public safety issues involved in the handling and use of explosives, the Town Fire Inspector, the Town Building Inspector, the Town Engineer, the Town Code Enforcement Officer or any member of a police agency or sheriff's department that has jurisdiction within the Town of Wappinger may inspect any vehicle, structure, dwelling, construction site, workplace or other area where explosives are manufactured, sold, possessed, stored or used within the Town for the limited purpose of ascertaining and verifying compliance with this chapter.
B. 
Permit revocation. The Fire Inspector may, on his own initiative or at the request of any other official, revoke or modify a permit issued pursuant to this chapter where it appears the permit holder has violated any local, state or federal rule or regulation, including but not limited to a false statement or representation on the application for a blasting permit or violation of any applicable safety standard or where the Fire Inspector determines that public safety has been compromised. The Fire Inspector, for good cause shown, may modify or revoke a permit by notifying the permit holder or his representative, orally or in writing, that the permit has been modified or revoked. Where a permit has been revoked, the Fire Inspector shall send a written notice of revocation to the permit holder by first-class mail without unnecessary delay, but not later than five working days after revocation, setting forth the reasons the permit was revoked. The notice of revocation shall include a statement informing the permit holder of his right to appeal such revocation by filing a notice of appeal with the Town Clerk within 20 working days. Where a permit is modified, the Fire Inspector shall give the permit holder written notice of the modifications.
C. 
Appeals. A permit holder who has had his permit revoked or modified by the Fire Inspector may appeal and seek relief from the modifications or reinstatement of the permit. An appeal pursuant to this section shall be heard by the Town Board, sitting as a Board of Appeals. The Fire Inspector shall appear and state his findings and the reasons for revoking or modifying the permit. The permit holder and/or the blaster shall be offered the opportunity to appear and present evidence why the permit should not be modified or revoked. The Appeals Board may sustain the Fire Inspector's decision to revoke a permit, reinstate any permit or amend any modifications imposed by the Fire Inspector. Where the Board reinstates a permit, the Board may amend the permit by adding whatever terms and conditions it deems necessary to protect public health, safety and welfare. The decision of the appeals panel must be rendered in 15 days, and the decision shall be final.

§ 80-11 Blasting operations.

A. 
No blast shall be initiated at any location within the Town limits unless a written permit has first been obtained from the Fire Inspector authorizing blasting at the specific location.
B. 
Blasting conducted within the Town must comply with the terms of the permit and, in addition, all applicable state and federal health and safety standards.
C. 
At least five business days prior to the scheduled start of blasting, the permit holder shall request a preblast meeting with the Fire Inspector to review and finalize the proposed blasting plan. No blasting shall be conducted unless a preblast meeting has been held and the Fire Inspector is satisfied that the proposed blasting plan is reasonable.
D. 
Based on the application, the preblast survey, if any, and the preblast meeting, the Fire Inspector and the Town Engineer shall determine the number of blasts and the inspections that are required. Based on that determination, inspection fees shall be charged on a per-blast basis as set forth in Chapter 122, Article IV, § 122-16E(2) of the Code.
E. 
Where the inspection fees are insufficient to cover the Town's actual costs, the property owner shall be responsible for any balance due.
F. 
Each blasting permit holder shall establish and delineate a blast zone prior to detonating a blast. The blast zone must be clearly marked and adequate precautions implemented to prevent unauthorized entry into the area.
G. 
Prior to each blast, the blaster or his designee shall be responsible for notifying all persons in the general area that blasting operations are scheduled to begin within a specified period of time. In addition, the blaster shall sound a recognized whistle, siren or horn loud enough to be heard throughout the designated blast zone approximately three minutes prior to blasting and again 30 seconds prior to blasting, warning all persons that blasting is imminent.
H. 
The Fire Inspector or his representative shall be permitted access to observe all aspects of the blasting operation, including but not limited to observation of all preblast preparatory site work, the explosion/detonation and access to the postblast site. The property owner shall reimburse the Town for the cost of all inspection services, including the cost of retaining an on-site inspector to monitor all aspects of blasting, where the Fire Inspector deems such services necessary, by depositing the estimated cost of inspection services in a designated account to be held in escrow by the Town and applied to reimburse the Town for costs incurred in administering compliance with this chapter. The permit holder and the blaster shall, upon request, make available to the Fire Inspector a copy of all seismic readings and any and all other documentation and data collected regarding any blast.
I. 
The blasting permit holder shall notify the Fire Inspector or his designated representative and the Police Department of an impending blast at least two hours, but not more than 12 hours, prior to the time each blast is scheduled.
J. 
The following Town of Wappinger departments shall be notified by the applicant not more than 10 days but not less than 48 hours prior to any blasting operation undertaken pursuant to this provision:
(1) 
Fire Inspector;
(2) 
Town Engineer;
(3) 
Town Clerk;
(4) 
The Town's Water and Waste Water Operator;
(5) 
Building Department;
(6) 
Highway Department;
(7) 
New York State Police; and
(8) 
Dutchess County Sheriff's Office.
K. 
Notwithstanding any other regulations, no blasting shall be performed in such manner or under such circumstances as to eject debris into the air so as to constitute a hazard or danger or do harm or damage to persons or property. Before firing a blast which could cause injury to persons or damage property from fly rock, the material to be blasted shall be properly covered or screened by a buffer of sufficient mass and strength to prevent, with a margin of safety, the ejection of any material capable of causing any injury or damage.
L. 
Before firing any blasts, except where the same is in a tunnel, the material to be blasted shall be covered on the top and sides with heavy woven material of rope, wire or rubber of sufficient size, weight and strength to prevent the escape of broken rock or other material in a manner liable to cause injury or damage to persons or property, unless written permission dispensing with the same is obtained from the Town Engineer or any consulting engineer responsible for specific Town projects.
M. 
The Town Engineer or any consulting engineer responsible for overseeing the blasting operations shall inspect the device the blaster will use to contain the blast.
N. 
No person shall use, in a blasting operation, a quantity of explosives greater than necessary to properly break the rock or other material nor use such an amount as will endanger persons or property within or outside the blast areas.
O. 
Unless otherwise permitted by the Town Fire Inspector, all holes drilled or otherwise excavated for holding an explosive charge shall be at least six feet deep. If, however, the permit holder/blaster can demonstrate a need to use a hole less than six feet deep and that such a cavity will not endanger public safety, the Town Fire Inspector or his designated representative may, in his discretion, authorize the use of blast holes less than six feet deep.
P. 
The blaster shall plan each blast and take every precaution in loading, delaying, initiation, confinement and stemming to control the throw of rock fragments and debris and limit ground vibrations and the effect of air concussions to the greatest extent possible. When blasting is to be conducted within 50 feet or less of a property line and the adjacent property owner is not a party to the blasting operation, the blaster shall take all precautions practicable, utilizing any combination of recognized methods, to control blasting effects to the greatest degree possible.
Q. 
A record of each blast shall be kept by the blaster on a form approved by the Town Fire Inspector. All such records shall be retained by the permit holder and blaster as prescribed by state law and made available for inspection as a matter of public record.
R. 
A seismograph shall be placed near the closest residence or structure in the blast area regardless of whether or not a preblast inspection is required. A printout report taken during all blasting operations must be filed with the Code Enforcement Officer.
[Amended 9-24-2007 by L.L. No. 13-2007]
(1) 
The permit holder shall record the following information for each blast and provide the Fire Inspector with a duplicate copy at the end of each day:
(a) 
The name and license number of the blaster.
(b) 
The location of the blast.
(c) 
The date and time of each blast.
(d) 
The number of blasts.
(e) 
The number, diameter and depth of each hole and the distance between holes.
(f) 
The burden depth.
(g) 
The stemming length.
(h) 
The make and type of explosives.
(i) 
The delay make, number and period.
(j) 
The weather conditions, including temperature, wind direction and speed.
(2) 
In addition, the following seismograph information must be recorded for each blast, with a duplicate copy provided to the Fire Inspector:
(a) 
The seismograph serial number.
(b) 
The range/gain setting.
(c) 
The date of last shake table calibration and microphone calibration.
(d) 
The air channel low frequency limit.
(e) 
The exact seismograph location and location in relation to the blast.
(f) 
The peak over pressure readout.
(g) 
The peak particle velocity readout.
(h) 
The name of the operator.
S. 
Where an accident involves personal injury, the permit holder shall immediately notify the Fire Inspector that an accident has occurred, and no further blasting shall be conducted until the Fire Inspector has had an opportunity to review the accident report and the permit. Any injury, accident or misfire involving explosives shall be recorded, and a full written report shall be attached to the blast report filed with the Fire Inspector, including the names of all participants and witnesses and remedial actions taken. The Fire Inspector may require such additional, specific information from the blaster as he deems necessary and appropriate to assure the public health and safety. Following an accident involving personal injury, the Fire Inspector may amend the permit by adding whatever additional restrictions are deemed necessary to assure public health and safety is maintained and another similar accident does not reoccur.

§ 80-12 Hours for blasting.

Blasting may be conducted when authorized by permit Monday through Friday between the hours of 8:30 a.m. and 3:00 p.m. Blasting is prohibited Saturdays, Sundays and legal holidays, except upon the written approval of the Fire Inspector, the Town Engineer, or any consulting engineer responsible for specific Town projects.

§ 80-13 Notice of intent to blast; posting.

A. 
Not more than 20 days nor less than seven days prior to a scheduled blast, the permit holder shall serve a notice of intent to blast, stating when and where blasting activity is scheduled to occur, on each occupant or user of each structure, commercial or residential, within 500 feet of the proposed blast site and upon the owner or owners of any parcel of property immediately adjoining or abutting the parcel of property on which the blasting is to take place, regardless of the distance an adjoining owner is from the blast site. The notice shall include the blasting permit number, the permit holder's name, emergency telephone numbers for police, fire and ambulance service and the time and location of each scheduled blast. A copy of the notice of intent to blast must be submitted to the Fire Inspector for his review and approval prior to distribution.
B. 
The notice of intent to blast may be served by either personal service; certified mail, return receipt requested; or a nationally recognized overnight delivery service. In the event that service cannot be effected, the applicant may request authorization from the Fire Inspector to serve the notice of intent to blast by posting a copy of such notice in each building or dwelling in a conspicuous place where it is reasonable to believe that persons entering or leaving the premises will see such notification.
C. 
In the case of multioccupancy structures, residential and commercial, located within 500 feet of the blast site, the notice of intent to blast shall be conspicuously and continuously posted at all commonly used entrances to the structure at least 20 and not less than three days prior to blasting. It shall be the blaster's responsibility to ensure that notice is unobstructed and remains posted at the structure.
D. 
Failure to comply with this notification requirement shall be grounds for revocation of the blaster's license. Revocation of the blaster's license shall be made by the Town Supervisor.

§ 80-14 Damage claims; suspension of blasting; presentation of new plans.

A. 
In the event that blasting is carried on in violation of this chapter, the Fire Inspector or the Code Enforcement Officer may issue a stop-work order.
B. 
Any documented damage claims received by the Town or its designees may be cause to suspend blasting until the Town Board, Town Attorney, Town Engineer, Fire Inspector and Building Inspector review the alleged claims. Work on the permit shall not be resumed until so ordered by the Town designee. Work can be halted for cause until the permittee presents a new plan that is approved by the Town designees.
C. 
No blasting shall be conducted which shall cause hazardous or destructive levels of vibration in structures or in the vicinity of the blasting site. The sudden appearance of cracks in floors, walls or ceilings, or the lengthening of the same, or the implosion, explosion or cracking of windows shall be evidence of the use of an excessive amount of explosives, and the Fire Inspector may issue a stop-work order upon his observations of the same and he may impose additional restrictions and conditions on the continuation of the blasting to minimize all such damage. The Fire Inspector, in his sole discretion, may limit the amount of explosives used, notwithstanding that such limitation may increase the cost of removing the rock and earth to the permit holder.
D. 
The Fire Inspector shall have the authority to vacate the stop-work order if he determines that continuation of blasting will comply with this chapter.

§ 80-15 Applicant responsible for costs.

A. 
The applicant shall be responsible for any costs incurred by the Town in providing police, emergency services or any other personnel deemed necessary to ensure public safety.
B. 
Any person applying to use explosives to demolish any structure in excess of 25 feet in height must agree to assume the cost of any engineering analysis, public safety survey, environmental review or other technical study deemed necessary by the Fire Inspector to determine if and how blasting can be conducted safely.

§ 80-16 Storage and transportation of explosives and detonators.

No explosives shall be sold, given or delivered to any person who does not hold a valid license to possess such explosives. All explosives not being handled or used in a blasting operation shall be securely locked in a container approved for securing the type and amount of the explosives contained therein, and said container shall be under the direct observation and guard of a person holding a valid license to possess the type and amount of explosives contained therein at all times. No unauthorized or unlicensed persons shall have access to explosives in the Town, and the access to and the security of the explosives shall be deemed the responsibility of the blasting permit holder. Blasting caps and detonators shall be stored separately from explosives at a recognized safe distance, and only 50 caps or detonators or fewer shall be transported to explosives for priming and borehole loading at one time. Should the blasting operation require more than 50 caps to be transported to explosives on the blasting site, the blasting caps or detonators shall be transported in a box designed to carry blasting caps or detonators and approved by the State of New York and the IME for such purposes.

§ 80-17 Penalties for offenses.

Any person violating any of the provisions of this chapter, or failing to comply therewith, shall be guilty of a violation and, upon conviction, shall be punished by the imposition of a fine in the amount set forth in Chapter 122, Article V, § 122-20G, of the Code. Each violation of any provision of this chapter shall be a separate and distinct offense, and in the case of continuing violation, each day such violation shall be permitted to exist shall constitute a separate offense. Each unauthorized blast shall be considered a separate and distinct offense.

§ 80-18 Enforcement.

This chapter will be enforced by the Fire Inspector, the Zoning Administrator, the Building Inspector, Code Enforcement Officers, and any police agency having jurisdiction within the Town of Wappinger.