[HISTORY: Adopted by the Town Board of the
Town of Ramapo 10-28-1992 by L.L. No. 10-1992. Amendments noted
where applicable.]
This chapter shall be known as the "Blasting
and Explosive Control Law for the Town of Ramapo."
This chapter is intended to establish and impose
restrictions upon the use of blasting and explosive material within
the Town of Ramapo for the protection of the public as well as the
environment.
As used in this chapter, the following terms
shall have the meanings indicated:
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, detonators and other detonating agents,
smokeless powder and any chemical compound or any mechanical mixture
containing any oxidizing and combustible units, or other ingredients
in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of any part thereof
may and is intended to cause an explosion. This chapter shall not
include gasoline, kerosene, naphtha, turpentine, benzine, acetone,
ethyl ether, benzol and quantities of black powder not exceeding five
pounds for use in firing antique firearms or artifacts or replicas
thereof. Fixed ammunition and primers for small arms, safety fuses
and matches shall not be deemed to be explosives when the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, of such nature and so packed that it is impossible
to produce an explosion of such units that could cause injury of 1ife,
limb or property.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Any building or other structure, other than an explosives
factory, used to store explosives.
Includes any natural person, partnership, association or
corporation.
It shall be unlawful for any person, firm or
corporation to use or store explosives in any location within the
unincorporated area of the Town of Ramapo without first filing an
application with and obtaining a permit from the Building, Planning
and Zoning Department of the Town of Ramapo. This permit, when granted,
shall not be transferable and may only be used for the particular
location specified on the permit.
A.
An application for a such a permit must be accompanied
by proof of a New York State Explosive Handlers License, Blasters
License and, where applicable, a New York State Magazine License.
B.
An application to the Building, Planning and Zoning
Department for such a permit shall be accompanied by a fee as provided
in the Standard Schedule of Fees of the Town of Ramapo, which shall
include a refundable deposit as provided in the Standard Schedule
of Fees returnable upon completion and removal of all blasting materials,
with written notice of such removal being given to the Building Inspector.
Each permit shall expire on the first anniversary of the date of issuance
of the permit or upon written notice of removal of all blasting materials
being provided to the Building Inspector, whichever is earlier.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
No permit shall be issued unless a certificate of
insurance is filed with the Building, Planning and Zoning Department
evidencing proof of a valid insurance policy for liability and damage
insurance in an amount not less than $5,000,000. The insurance certificate
shall include the name of the insurance company, the amount, the name
of the insured, the proper corporate name and the corporate address
of the insured and the name and address of the agent or broker through
whom it was placed and who is responsible for attesting to the existence
of such coverage.
A.
All blasting operations shall be conducted so as not
to endanger the health, safety and welfare of persons and the safety
of property. Such operations must be conducted under the direct control
and supervision of a person duly licensed by the State of New York
pursuant to § 458 of the Labor Law of the State of New York.
B.
Directive 495 of the National Fire Protection Association,
as amended, is hereby adopted as the standard for all blasting to
be conducted within the Town of Ramapo. All blasting must be conducted
in accordance with the standards set forth in Directive 495 of the
National Fire Protection Association, as amended. The provisions of
Article 16 of the Labor Law of the State of New York, as well as Industrial
Code Rules contained in Title 12, Part 39 of the New York Code of
Rules and Regulations, are recognized as applicable to the possession,
handling, storage and transportation of explosives within the jurisdiction
of the Town of Ramapo.
C.
Whenever blasting is being conducted within the Town of Ramapo, the holder of a permit must notify the Fire Inspector, in writing, at least 48 hours in advance of blasting and must specify the location and intended time of such blasting. The permit holder must also provide the Building Inspector at that time with an affidavit as specified in Subsection D of this section.
D.
Whenever blasting is being conducted within the Town
of Ramapo the permit holder must notify all property owners whose
property falls within a radius of 750 feet from the blasting site
at least 48 hours in advance of blasting. Notice to said property
owners must be written notice and must be personally served on an
owner or occupier of such property. If personal service cannot be
achieved the permit holder must affix the notice on the property in
the place most likely to give notice to an owner or occupier of said
property. The permit holder must supply the Building Inspector with
an affidavit detailing the property located within 750 feet of the
blasting site and the date, time and method of service upon all such
properties.
E.
Whenever blasting is being conducted within the Town
of Ramapo, the permit holder shall be responsible for placing signs
at the nearest street intersection or intersections providing access
to all properties within 600 feet of the blast site at least 24 hours
before the commencement of blasting. Such signs shall state the date
and approximate time of each proposed blast.
Any person committing a violation of this chapter
shall be guilty of a violation punishable by a fine not to exceed
$5,000. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a
separate offense against the provisions of this chapter.
