[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 2007-24. Amendments noted where applicable.]
Whereas, the Township of Ocean and its Mayor and Township Committee are deeply concerned with the adverse health effects of dry cutting masonry materials, which includes but is not limited to the effects of silicosis and other respiratory diseases. It is the purpose of this chapter to prohibit the dry cutting of masonry materials with limited exceptions.
As used in this chapter, "dry cutting" means the use of a handheld, gas-powered or electrical, portable chop saw or skill saw without the use of water to ameliorate air-blown masonry dust.
The use of portable chop saws or skill saws for the dry cutting, and/or dry grinding of masonry material shall be prohibited within the Township of Ocean. However, in any instance where it is determined pursuant to this section, that the use of water in the cutting or grinding or masonry materials is not feasible, then:
The employer is required to use engineering and work practice control to control the dust;
Any dry cutting which occurs is required to be done in a designated area away from other employees, residents, bystanders or other individuals;
The employer is required to provide workers with a full-face respirator as part of a respiratory program, including the training therein for the proper selection of respiratory cartridges and fit testing of respirators;
It shall be the responsibility of the employer to insure that all applicable standards promulgated pursuant to the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.) be followed.
This chapter shall be enforced by the Township of Ocean Construction department and/or the Township's Code Enforcement Officer or any police officer of the Township of Ocean.
A violation of this chapter shall be punishable for a first offense with a fine not to exceed $50 or by community service of not more than two days; for a second offense, within the same calendar year, a violation shall be punishable by a fine of not more than $100 or by community service of not less than five days; for a third offense within the same calendar year, be punishable by a fine of not less than $200 or by community service of not less than 10 days or any combination of fine and community service as determined in the discretion of the municipal court judge.