[HISTORY: Adopted by the Town Board of the
Town of Highlands 11-4-2002 by L.L. No. 7-2002. Amendments noted where
applicable.]
The purpose of this chapter is to establish
minimum safeguards to protect the health, safety and welfare of the
residents of the Town of Highlands as well as their property by establishing
reasonable regulations governing the possession and use of explosive
and blasting materials. The intention is to prohibit blasting within
the Town of Highlands unless there is no alternative feasible means
to accomplish a lawful and necessary activity or purpose, as determined
by the Building Inspector and the Town's consulting engineer.
This chapter shall apply to each and every person,
corporation and business engaged in the manufacture, sale, transportation,
storage, handling or use of explosives and blasting materials in the
Town. The provisions of this chapter and Article 16 of the Labor Law
of the State of New York and the Industrial Code Rules contained in
Title 12, Part 39, of the New York Codes, Rules and Regulations are
applicable to the manufacture, sale, possession, handling, storage,
and transportation of explosives within the jurisdiction of the Town
of Highlands and are applicable to all blasters.
A.
The provisions of this chapter shall not apply to
the following:
(1)
The military forces of the United States or the duly
authorized militia of any state or any police force, providing the
same are acting in the performance of their public duties.
(2)
The transportation of explosives in interstate or
intrastate commerce regulated by state or federal law.
(3)
Model rocketry.
(4)
Fireworks subject to regulation under the Penal Law.
(5)
Small arms ammunition, including smokeless or black
powder when possessed for noncommercial purposes in quantities of
five pounds or less.
B.
A written request for an exemption may be granted
by the Town Supervisor where it is evident that strict compliance
would cause an undue hardship and public safety would not be compromised
by said relief.
No person, firm or corporation shall detonate
explosives within the Town of Highlands unless licensed pursuant to
§ 458 of the Labor Law of the State of New York and all
other applicable laws and regulations. In addition, such person, firm
or corporation shall obtain a permit authorizing such blasting from
the Town of Highlands pursuant to this chapter.
A.
Any person, firm or corporation intending to detonate
explosives within the Town of Highlands shall, prior to such detonation,
apply for and obtain a permit to detonate such explosives from the
Building Department of the Town of Highlands or successor agency.
Such person, firm or corporation shall supply the Building Department
with the following:
(1)
The name of the owner of the property upon which the
detonation of explosives is intended to occur.
(2)
The business address of the person, firm or corporation
proposing to detonate explosives on the subject property.
(3)
Evidence satisfactory to the Building Inspector that
the person, firm or corporation intending to detonate explosives is
duly licensed pursuant to § 458 of the Labor Law of the
State of New York and other applicable law or regulation.
(4)
The precise location of the intended detonation of
explosives, as well as the size of charges intended to be detonated
and the proposed schedule for detonation of explosives.
(5)
Evidence satisfactory to the Town that the person,
firm or corporation intending to detonate explosives has sufficient
financial security or insurance coverage to provide payment for damages
to any person suffering injury or damage by virtue of the detonation
of the explosives. Said insurance coverage shall be at least $2,000,000.
(6)
A survey with photographs of all structures within
the notification area of 500 feet. This survey shall indicate the
physical condition of such structures prior to the blast sufficient
to determine after blast residual damage. In cases where the surrounding
area is serviced by well water, the applicant shall sample and inspect
all such wells. All results shall be submitted to the Building Inspector
and retained by the applicant for followup. Such survey shall be permissible
for use in support of a permit application for a period of one year
after the survey was conducted of a particular property.
B.
Upon the submission of the foregoing information in
a manner satisfactory to the Building Inspector on a form to be supplied
by the Building Department and payment of an application fee in the
amount of $250 or such other amount established from time to time
by the Town Board, the Building Inspector is authorized to issue a
permit for blasting to the applicant. However, no permit shall be
issued unless the Building Inspector finds that the applicant is in
compliance with this chapter and all applicable laws of the State
of New York and the Building Inspector and the Town's Engineer and/or
their respective designees each determine that there is no feasible
means other than blasting to accomplish the proposed activity or purpose.
C.
A blasting permit shall be valid for a period of 45
calendar days.
A.
Before any permit is issued, 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, certifying worker's compensation and general liability coverage
for the handling or use of explosive materials and blasting activity
in an amount not less than $2,000,000 for general liability, including
bodily injury, and $2,000,000 for property damages. The insurance
certificate shall name the Town as an additional insured and provide
a statement that the policy or policies involved will not be canceled,
terminated or modified by the insurance company unless 30 days' written
notice is given the Town and any such changes or modifications are
agreed to by the Town.
B.
The applicant shall also furnish a notarized statement
agreeing to defend, indemnify and hold the Town harmless from any
and all claims, actions, proceedings, costs and expenses, including
reasonable attorney's fees, brought by any person. firm or corporation
for any injury to any persons or damage to any property arising or
resulting, directly or indirectly, from the use, storing, handling,
transporting or manufacture of explosive material or the conducting
of blasting activity.
A.
Inspection. Every applicant pursuant to this chapter
and the owner of the property upon which the applicant intends to
detonate explosives is deemed to consent to entry and inspection by
the Building Inspector, Consulting Engineer, Highway Superintendent
or any police officer of any vehicle, structure, construction site
or other area where explosives are possessed, stored, transported
or used within the Town for the purpose of verifying compliance with
and enforcing this chapter.
B.
Permit revocation. Tile Building Inspector, his deputy
or any other officer or employee designated by the Board of Trustees
may revoke or modify a permit issued pursuant to this chapter where
it appears the permit holder has violated any local, state or federal
law, rule, code or regulations or provided a false statement or representation
on the application for a blasting permit or for violation of any applicable
safety standard or where the Building Inspector determines that public
safety has been or may be compromised. Where a permit has been revoked
or modified, the Building Inspector shall send a written notice of
same to the permit holder by first-class certified mail within two
working days, setting forth the reasons the permit was revoked or
modified and informing the permit holder of his right to appeal such
revocation or modification by filing a notice of appeal with the Town
Board within 20 working days.
C.
Appeals. An appeal pursuant to this section shall
be heard by the Town Board. The Building Inspector shall appear and
state his findings and the reasons for revoking or modifying the permit.
The permit holder shall be offered the opportunity to appear, with
or without an attorney, and present evidence and witnesses on his
behalf. The Board may sustain the Building Inspector's decision, reinstate
any permit or amend any modifications imposed by the Building Inspector.
A.
No person shall use, in a blasting operation, a quantity
of explosives greater than the minimum necessary to properly shatter
rock or other substance nor use such quantity as may endanger persons
or property, as determined by the procedure for determining feasibility
of alternative measures.
B.
Notice of blasting shall be mailed by certified mail, return receipt requested, at least 14 calendar days before the proposed commencement of blasting. Said notice shall be mailed to all owners of property within 500 feet of the blast site. The notice shall contain the information set forth in Subsection E below. Signs shall be placed stating the date and approximate time of each proposed blast, of a size determined adequate by the Building Inspector.
C.
In the case of multi-occupancy structures, residential
and commercial, located within 500 feet of the blast site, a notice
of intent to blast shall be conspicuously posted at all commonly used
entrances to such structures at least 10 business days prior to blasting.
The notice of intent shall contain the location where the blasting
is to occur, with as much specificity as possible as well as the projected
dates and times of the blasting, the name, address, and telephone
number of the blaster and his local designated representative.
D.
At least five business days prior to the scheduled
start of blasting, the permit holder shall meet with the Building
Inspector to review and finalize the proposed blasting plan.
E.
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.
F.
The blasting permit holder shall notify the Building
Inspector, or the designated representative, and the Police Department
of an impending blast at least three hours but not more than 12 hours
prior to the time each blast is scheduled. If the Building Inspector
determines that an on-site inspector or police personnel is required
during blasting, the permit holder shall reimburse the Town for the
cost of any such inspection services and police personnel.
G.
The blaster shall sound a siren or horn loud enough
to be heard throughout the designated blast zone five minutes prior
to blasting and again 30 seconds prior to blasting, warning all persons
that blasting is imminent.
H.
The permit holder and the blaster shall make available
to the Building Inspector a copy of all seismic readings and data
collected regarding any blasting.
I.
The material to be blasted shall be properly covered
or screened by the blaster to prevent injury or damage to persons
or property.
J.
The permit holder shall immediately notify the Building
Inspector, Police Department and any other agency with jurisdiction
of any accident and prepare a report regarding same on a form supplied
by the Building Department. No further blasting shall be conducted
until the Building Inspector and Police Department has reviewed the
accident report and the permit.
K.
Blasting may only be conducted Monday through Friday
between the hours of 9:30 a.m. and 4:00 p.m. No blasting shall take
place on legal or religious holidays.
L.
A record of each blast shall be kept by the blaster
on a form approved by the Building Inspector. All such records shall
be retained by the permit holder and blaster as prescribed by state
law, and a copy shall be provided to the Building Inspector at the
end of each day. Said record shall include location of each blast;
time of each blast; number, diameter and depth of each hole and distance
between holes; burden depth; stemming length; make and type of explosives;
delay make and model number and period; and weather conditions. Seismograph
information must also be recorded for each blast and provided to the
Building Inspector, including seismograph serial number; range/gain
setting; date of last shake table calibration and microphone calibration;
air channel low-frequency limit; exact seismograph location and location
in relation to the blast; peak over pressure readout; peak particle
velocity readout; and the name of the operator.
A.
The maximum allowable concussion or air blast resulting
from blast operations shall not exceed 130 decibels peak, measured
at a flat frequency response (plus or minus two decibels) over the
range of at least six to 200 Hertz.
B.
When blasting is of a continuing nature, 124 to 130
decibels shall be the acceptable range.
C.
The permit holder shall report each blast exceeding
acceptable parameters to the Building Inspector within 24 hours. Following
a blast exceeding acceptable parameters, the Building Inspector may
order all blasting to cease.
D.
When no instrument is used to measure the seismic
effect of a blast, the maximum amount of explosives detonated shall
not exceed the limits shown in the following table: (No table provided)
E.
Peak particle velocity.
|
Distance Versus Peak Particle Velocity
Method
| |
|---|---|
|
Distance
(in feet)
|
Peak Particle Velocity of Any One Component*
(inches per second)
|
|
1 to 100
|
1.50
|
|
100 to 200
|
1.25
|
|
200 to 500
|
1.00
|
|
500 to 1,000
|
.50
|
|
Over 1,000
|
.25
|
|
*Note: The measuring instrument's transducer
shall be firmly coupled to the ground.
|
A.
Any person, including any owner or agent or corporation,
who violates any of the provisions of this chapter or any lawful order
issued hereunder shall, following conviction, be guilty of a violation.
Each day that a violation of or failure to comply with this chapter
or any lawful order occurs shall constitute a separate and distinct
violation.
B.
Any person who violates any provision of this chapter
or any lawful order issued hereunder shall, for the first violation,
be subject to a fine not to exceed $2,500 and/or imprisonment for
a period not to exceed 10 days. For the second and each subsequent
violation, each person shall be subject to a fine not to exceed $5,000
and/or imprisonment subject to a period of incarceration not to exceed
15 days.
C.
The provisions of this chapter shall be enforced by
the Building Inspector, Town consulting engineer, Highway Superintendent
or any other officer or employee designated by the Town Board.
This chapter is adopted pursuant to the State
Municipal Home Rule Law. The provisions of this chapter are intended
to supersede any inconsistent provision of the State Town Law or of
any general law.
