[HISTORY: Adopted by the Town Board of the Town of Pawling 9-14-2004 by L.L. No. 3-2004. Amendments noted where applicable.]
Fireworks — See Ch. 99.
The Town Board of the Town of Pawling finds it necessary to establish safeguards to protect human health, safety and welfare, as well as property, by establishing reasonable regulations governing the possession and use of explosive materials and to ensure that the possession and use of explosive materials do not result in physical injury or property damage.
When used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- A person who holds a valid permit to perform blasting operations.
- BLAST HOLE
- A hole drilled in rock or other material for the placement of explosives.
- The fracture of any heavy mass by detonation of explosive materials.
- BLASTING AGENT
- 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.
- BLASTING MAT
- 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.
- BLAST ZONE
- The area surrounding a blast site subject to the influence of flying debris generated by the detonation of an explosive charge.
- 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.
- Any device containing a detonating charge; that term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating-cord delay connectors and nonelectric instantaneous or delay blasting caps.
- 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, but shall not include gasoline, kerosene, naphtha, turpentine, benzene, acetone, ethyl ether, benzol and all quantities of black powder not exceeding five pounds for use in firing of antique firearms or artifacts or replicas thereof. Fixed ammunition and primers for small arms, firecrackers, 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 to life, limb or property.
- FLY ROCK
- Rock propelled from the blast area by the forces of an explosion.
- An explosive material charge that fails to detonate after an attempt at initiation.
- MUD-CAPPING (sometimes known as "bulldozing," "adobe blasting" or “dobying")
- The breaking of boulders by placing a quantity of explosives against a rock or boulder without confining the explosives in a drill hole.
- PEAK PARTICLE VELOCITY
- The peak particle velocity recorded on any one of the three mutually perpendicular components of blasting vibrations in the vertical and horizontal directions.
- Written authorization issued by the Town of Pawling or other appropriate governmental agency to manufacture, sell, possess, store or use explosives.
- Includes a corporation, partnership, firm or individual association.
- An instrument which records ground vibration by measuring and recording particle velocity, displacement or acceleration in three mutually perpendicular directions.
- STRAY CURRENT
- A flow of electricity outside the conductor which normally carries it.
- The energy from a blast that manifests itself in earth-borne vibrations which are transmitted through the earth away from the immediate blast area.
No person shall blast or cause to be blasted any rock or other substance with any explosive in the Town of Pawling without first having obtained a permit therefor from the Building Inspector upon written application on an approved form. Before such permit is issued, the persons shall submit evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York and in a form acceptable to the Town Attorney, guaranteeing that the applicant has in full force and effect a policy of public liability insurance, including a specific endorsement covering the liabilities arising from blasting and storage of explosives, and providing bodily injury and property damage coverage in an amount as set by resolution of the Town Board from time to time. Such policy shall also provide to save the Town harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to persons or property resulting from or occasioned by such blasting operations or storage of explosives. Such policy shall name the Town as an additional insured and shall also contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 10 days' prior written notice is sent to the Town Clerk by registered mail. Such policy shall also provide that the presence of an inspector from the office of the Building Inspector on the site of operations shall not affect the obligation of the insurer under its policy. No permit shall be valid unless such insurance is in full force and effect.
Such permit, when approved and signed by the Building Inspector and upon payment of a fee as may be fixed from time to time by resolution of the Town Board, shall be issued and signed by the Building Inspector, who shall keep a record thereof. Each permit shall specify the following:
The name of the owner of the property upon which the detonation of explosives is intended to occur;
The business address of the person, firm or corporation proposing to detonate explosives on the subject property;
The name of the permittee;
Evidence of the fact that the person, firm, or corporation intending to detonate the explosives is duly licensed pursuant to § 458 of the Labor Law in the State of New York;
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;
Evidence that the person intending to detonate explosives has sufficient financial security or insurance coverage to provide payment for damages to any person suffering damages by virtue of the detonation of the explosives;
A description of all structures, including residential dwellings, located within 300 feet of the blast site and a list of the names and the addresses of the owner or owners of any parcel of property immediately adjoining or abutting the parcel of property from which the blasting is to take place, as shown on the most recent tax rolls of the Town of Pawling; and
The date of expiration (which shall not be later than three months from the date of issue).
The Building Inspector may revoke such permit at any time.
No person shall use or store a quantity of explosives greater than that amount which is generally accepted to be reasonable for the use intended nor use or store such an amount that will endanger persons or property. The Building Inspector may limit the maximum quantity of explosives to be used or stored, but no action by the Building Inspector shall relieve or exempt any person or insurance company from liability for damage caused by the use or storage of explosives.
All blasting operations shall be so conducted as not to endanger the health, safety and welfare of persons and the safety of property. Such operations shall be under the direct control and supervision of competent and responsible persons and shall be carried on in accordance with the provisions of New York State laws and regulations and with the provisions of this chapter. No person shall be permitted to handle and use explosives except a competent blaster who shall have had experience with the type of blasting being conducted. The person in charge of every blasting operation shall post in a conspicuous place in proximity to the operation the name or names of persons whom he has designated as blasters, having satisfied himself as to their previous blasting experience and competency, and shall promptly notify the Town Clerk, in writing, of the persons so designated.
It shall be the duty of every person or corporation conducting any blasting operation in the Town to make and keep a record for a period of two years with respect to each individual blast, which record shall show:
The short-interval delay firing of blasts shall be practiced wherever necessary to prevent vibration damage to nearby structures. The practice of mud-capping or similar practices involving the unconfined use of explosives is specifically prohibited. Where blasting is being conducted in the vicinity of structures which may be subject to damage from flying material, all blasts shall be adequately matted. Before any blast is fired, the owner or blaster shall make certain that all roads or other modes of access to the blast area are adequately guarded for the safety of the public and employees. It shall be the responsibility of the owner or operator to remove promptly from public highways all stone or other debris resulting from blasting operations.
Compliance with state regulations. It shall be unlawful for any person or persons to transport or cause or permit the transportation of explosives in any vehicle through, to or within the Town of Pawling in any manner which violates the provisions of § 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Guarding; stops. No person in charge of a vehicle containing explosives shall allow such vehicle to remain unguarded at any time, and no person charged with the responsibility of such transportation shall make any unnecessary stops within the Town of Pawling. Where such stop is unavoidable, the person in charge of the vehicle containing the explosives shall strictly observe the rules for vehicles in transit as defined in Paragraph (g) of Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Whenever blasting is to occur within 300 feet, measured from the blast site, of any structure, including a residential dwelling, the inhabitants or users of such structure or dwelling shall be notified personally and in writing of the date and approximate time that blasting will occur. The written notice will contain the above information and may be left or posted at the structure or dwelling in a conspicuous place, or a certified letter, return receipt requested, may be sent to the owner of the affected structure or dwelling.
By whatever means notice is affected, said notice shall be received no less than 24 hours prior to blasting.
Written notice of the date and approximate time of blasting shall additionally be given to the Town Clerk, New York State Police, Dutchess County Sheriff's Office and Building Department no less than 24 hours prior to blasting.
The applicant shall submit an affidavit of notifications to the Building Inspector prior to commencing blasting.
All blasts, before firing, shall be covered with rope or metal matting, heavy timbers chained together or other suitable screens 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.
No person shall fire or explode or direct or cause to be fired or exploded any blast in or near any highway or public place in the Town of Pawling unless competent individuals, carrying a red flag, shall have been placed at a reasonable distance on all sides of the blast to give proper warning thereof at least three minutes in advance of firing.
No person shall conduct blasting operations within the Town of Pawling after the hour of 5:00 p.m. and before 8:00 a.m., or at any time on Sunday and legal holidays, except under authority of a special permit issued by the Building Inspector.
Nothing contained herein shall be construed to conflict with Article 16 of the Labor Law of the State of New York.
The Building Inspector is hereby authorized and empowered to establish and promulgate rules and regulations concerning blasting operations and storage of explosives and other matters contained in this chapter not inconsistent with the other provisions of this chapter. Such rules and regulations, when established and promulgated, shall be binding upon all persons to whom a permit is issued pursuant to this chapter.
Public utilities and governmental agencies may be granted an exception in the provisions of this chapter upon application for such with the Town of Pawling Building Inspector. An exception to this chapter shall be granted where the public utility or governmental agency demonstrates that:
The written request shall state the reasons for the exception application and shall be accompanied by a fee as determined by the Town Board of the Town of Pawling from time to time. Such special exception shall be granted for a period not to exceed 12 months and may be renewed from time to time upon written request and payment of the fee as required by this section.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be guilty of a violation and punished by a fine not to exceed $350 or up to 15 days in jail per occurrence. Every violation of any provision in this chapter shall be a separate and distinct offense, and, in case of continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.