Safety and security are primary considerations in the manufacture, transportation, storage, sale, possession and use of explosive materials. An appropriate and thorough system of licensing or permitting is designed to promote these considerations by assuring that these products come only into the hands of qualified persons who require them in their own occupation.
A. 
The license and permit requirements of this Article shall apply to all explosive materials.
B. 
This Article is intended to supplement existing federal and state laws and regulations.
This Article shall not apply to hand-loading of small arms ammunition for personal use and not for resale.
A. 
The manufacture of explosive materials within the Town of Hudson shall be limited to those having an appropriate state and/or federal license.
B. 
The manufacture of explosive materials within the Town of Hudson shall be prohibited when such manufacture presents an undue hazard to life and property.
A. 
Persons intending to act as dealers in explosive materials must possess an appropriate federal license from the Bureau of Alcohol, Tobacco and Firearms.
B. 
Explosive materials shall not be sold, given, delivered or transferred to any person not in possession of a valid license or permit.
A. 
No person may load or fire explosive materials unless such person or his supervisor is a licensed blaster in conformance with the rules and regulations promulgated under RSA 158:9 of the State of New Hampshire.
B. 
Proof of said license shall be provided upon request to the Fire Chief.
A. 
No person shall use explosive materials within the Town of Hudson without first obtaining the proper permit which authorizes him to use such materials.
B. 
The authorized agent or person conducting an operation or activity requiring the use of explosive materials shall obtain a permit to use explosive materials and shall be responsible for the results and any other consequences of any loading and firing of explosive material and shall permit the loading and firing to be performed or supervised only by a licensed blaster.
A. 
Application for a permit or its renewal shall be made to the Fire Chief on forms provided by him and shall contain such information as may be required.
B. 
Applications submitted shall have attached proof of the following:
(1) 
State of New Hampshire license to use, purchase and transport explosive materials.
(2) 
State of New Hampshire certificate of competency to conduct blasting operations.
(3) 
Certificate of insurance showing minimum coverage of $1,000,000 bodily injury and $500,000 property damage by a carrier authorized by the State of New Hampshire Insurance Commissioner to do business in New Hampshire. The insurance certificate shall state that the insurance company is authorized to do business in the State of New Hampshire.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
(4) 
The blaster's license of the person in charge of or supervising the use of explosives.
(5) 
Written permission from the owner of the land on which the use of explosives will occur for the Fire Chief to inspect the land during the period of the permit and until 20 days after the expiration of the permit.
C. 
Applications must be received by the Fire Chief at least 10 and not more than 30 business days prior to the estimated start date of blasting operations.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
D. 
A fee shall be assessed for each permit. Checks shall be made payable to the Town of Hudson and must be received by the Fire Department prior to permit approval and issuance. Permit fee rates have been established by the Board of Selectmen.[1]
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34; ]
[1]
Editor's Note: See Ch. 205, Fees.
E. 
Preblasting conferences may be scheduled by the Fire Chief prior to approval of permit application. Conference attendees may include but not be limited to representatives of the blaster, other town officials and/or citizens likely to be affected by blasting operations.
F. 
If an application for renewal is filed with the issuing authority before expiration of the old permit, the renewal will become effective when the old permit expires. No renewal permit shall be issued more than 30 days before the expiration date of the current permit.
G. 
If an application for renewal is filed after the expiration of the old permit, it shall be considered as an application for a new permit.
A. 
No permit shall be assigned or transferred.
B. 
Approved permits shall be dated and be valid for no more than one year from date of issue.
C. 
The permit expiration date shall be no later than the expiration date of the blaster's insurance certificate, blaster's State of New Hampshire license to use, purchase and transport explosive materials or the blasting Supervisors State of New Hampshire certificate of competency to conduct blasting operations.
[Amended 6-14-2022]
D. 
The permit shall bear the name and address of the blasting company, the address of the blasting location and the name of the person(s) designated to supervise the use of explosives and the signature of the approving authority.
[Amended 6-14-2022]
A. 
A permit for use of explosive materials may be denied, revoked or suspended for any of the following reasons:
(1) 
Noncompliance with any order of the issuing authority.
(2) 
If it is determined that any applicant or permit holder was or is under the influence of any drug (prescription or nonprescription) or alcohol that may have impaired their judgment or ability to transport, store, possess or use any explosive material under the jurisdiction of the Town of Hudson in a safe and prudent manner, while operating under such permit, their permit to operate in the town shall be suspended immediately. The Fire Chief or his designee shall contact the Hudson Police Department and the State of New Hampshire Department of Safety if they feel that any applicant or permit holder has or is suspected of violating this or any part of this chapter because they may have been or were impaired by any drugs (prescription or nonprescription) or alcohol. No permit to operate shall be reissued until the matter is fully investigated and the Fire Chief's office provided with the findings of any investigations into the matter.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
(3) 
Proof that the permit holder or applicant suffers from a mental or physical defect that would interfere with the safe handling of explosive materials.
(4) 
Violation by the applicant or permit holder of any provision of any law or regulation relating to explosive materials or proof that false information was willfully given or a misrepresentation was willfully made to obtain the permit.
(5) 
Determination by the issuing authority that blasting operations pose a hazard to the health or property of any person or have or will cause an unnecessary nuisance to any person.
(6) 
For other good cause.
B. 
Notification; hearing.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
(1) 
In any case where the Fire Chief determines that it may be appropriate to deny a permit, he shall promptly notify the applicant. Said notice will set forth specific basis for the denial and state that, upon written request, a hearing before the Chief will be held within 10 days after the date of receiving the request. Following said hearing, the Chief will make a final determination as to whether to grant or deny the applicant a permit.
(2) 
In any case where the Fire Chief determines that it may be appropriate to revoke a permit from a current permit holder, he shall promptly notify the applicant that the applicant's current permit is temporarily suspended pending a hearing. Said notice will set forth specific basis for the suspension and anticipated revocation and state that, upon written request, a hearing before the Chief will be held within 10 days after the date of receiving the request. Following said hearing, the Chief will make a final determination as to whether to revoke the permit.
C. 
Within 15 days after such hearing, the Fire Chief shall state his findings and conclusions, in writing, and transmit a copy to the applicant or former permit holder.
D. 
Upon notice of the revocation or suspension of any permit, the former permit holder shall immediately surrender to the issuing authority the permit and all copies thereof.
A. 
Licenses (or copies thereof) to deal in explosive materials shall be kept available for inspection at each place of operation.
B. 
A permit to blast (or copies thereof) shall be kept available for inspection at each place of operation.
C. 
Permit holders shall take every reasonable precaution to protect their permits from loss, theft, defacement, destruction or unauthorized duplication, and any such occurrence shall be reported immediately to the Fire Chief.
A. 
A holder of a permit to use explosive materials shall make a record of all operations within the Town of Hudson. Such record shall be made available to the Fire Chief upon request and shall be retained for five years.
B. 
All persons holding a blaster's permit shall make daily records for each blast that at a minimum contains the information required by the current version of the Hudson Fire Department's Records Requirements for Blasting. These records shall be retained for five years.
[Amended 3-14-2000 by ballot by the ATM, Art. No. 34]
C. 
The Fire Chief shall be notified promptly by any permit holder of a change in business address or phone number and home address, if applicable.
D. 
The theft or loss of explosive materials shall be reported immediately to the Fire Chief and to the Hudson Police Department.
E. 
Records made and kept pursuant to regulations promulgated by any federal or state agency need not be duplicated to satisfy the requirements of this section.