[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.
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Editor's Note: This local law also repealed former Ch. 80, Blasting,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.
This chapter shall be known as "Local Law Regulating Blasting and the
Use of Explosives and Combustibles in Blasting Operations."
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to be outdated, so this chapter was adopted.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.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
A person who holds a valid certificate, license and permit to perform
blasting operations.
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.
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.
A detonator.
An electrical or electromechanical device capable of providing electrical
energy for the purpose of energizing electric blasting caps.
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.
A location or locations on the particular property where the blasting
will occur. Each detonation will be considered a site.
The area surrounding a blast site subject to the influence of flying
debris generated by the detonation of an explosive charge.
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.
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.
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.
The Code of Federal Regulations in effect on the date this chapter
was last amended.
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.
The term "explosive," except as specifically stated herein, does not
include:
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.
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.
The Labor Law of the State of New York.
The person or persons that own the real property on which blasting
is performed or explosives are stored.
Any building, structure or other enclosure or container, other than
an explosive manufacturing building, used for the storage of explosives.
An explosive material charge that fails to detonate after an attempt
at initiation.
National Fire Protection Association.
Written authorization issued by the Town or other appropriate governmental
agency to manufacture, sell, possess, store or use explosives.
Any natural person, partnership, firm, association, corporation,
limited liability company or any other business entity or association.
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.
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.
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.
No person shall manufacture, sell, possess, store, use or detonate explosives
within the Town unless a permit has been issued by the Fire Inspector.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
