This article shall apply to the manufacture, possession, storage, sale,
transportation and use of explosives and blasting agents.
A.
Compliance required. All explosives must be stored, used
and transported in compliance with the requirements of this article.
B.
Exceptions. Nothing in this article shall be held to
mean or include any small-arms ammunition, signal rockets, fireworks or devices
or compositions used to obtain visible or audible pyrotechnic effects or to
apply to the use of blasting explosives for agricultural purposes in quantities
not exceeding 200 pounds at any one time and by the owner of the property
where the blasting in done.
C.
EXPLOSIVE
Definitions. As used in this article, the following terms
shall have the meanings indicated:
Includes any chemical compound or any mechanical mixture containing
any oxidizing and combustible units or any other ingredients in such proportions,
quantities or packing that an ignition by fire, friction, concussion percussion
or detonator of any part of the compound or mixture may cause sudden generation
of highly heated gases such that the resultant gaseous pressures are capable
of producing destructive effects upon life, limb or contiguous objects, but
does not mean gasoline, kerosene, naphtha, turpentine, benzine, colloided
nitrocellulose in sheets or rods or grains not under 1/8 of an inch in diameter,
wet nitrocellulose and wet nitrostarch containing moisture of 20% or more
or wet picric acid containing or being in moisture of 10% or more.
D.
Manufacture prohibited. It is prohibited for any person
to manufacture any explosive in the Town of Mount Pleasant outside incorporated
villages, except that any explosives may be manufactured in the laboratories
in colleges and similar institutions for the purpose of investigation and
instruction.
E.
Certain explosives prohibited. It is prohibited for any
persons to have, keep, store, sell offer for sale, give away, use, transport
or manufacture any of the following explosives in any quantity: liquid nitroglycerine;
high explosives containing over 60% of nitroglycerine (except gelatin dynamite);
high explosives having an unsatisfactory absorbent or ones that permits leakage
of nitroglycerine under any conditions liable to exist during transportation
or storage; nitrocellulose in a dry condition in a quantity greater than 10
pounds in one exterior package; fulminate of mercury in bulk in a dry condition
and fulminate of all other metals in any condition, except as a component
of manufactured articles not hereinafter forbidden; or explosives containing
an ammonium salt and a chlorate.
F.
Encasement. Except while blasting, no person shall possess
or store explosives unless such explosives are completely enclosed or encased
in tight metal, wooden or fiber containers or are contained in a licensed
magazine. A person having an explosive in his possession or control shall
under no circumstances permit any grains or particles of it to remain on the
outside of or about its container. Every container shall be plainly marked
with the name of the explosive contained therein.
G.
Records of sales or gifts.[1]
(1)
Every person selling or giving away an explosive shall
keep at his principal office or place of business a journal or book of record
setting forth in legible writing a complete history of the transaction, including
the name and quantity of the explosives, the name, residence and business
address of the purchaser and the name and address of the person taking the
explosive away or, if delivered, the address of the place of delivery and
the name of the person receiving same. Such journal or book of record shall
be open to inspection by the Building Inspector. No explosives shall be sold,
given away or otherwise disposed of or delivered to any person under 18 years
of age, whether said person is acting for himself or for another person.
(2)
A record of each delivery in the Town of Mount Pleasant
or of each delivery to a person of explosives for use in the Town of Mount
Pleasant shall be mailed to the Building Inspector of the Town of Mount Pleasant
by first-class mail within 24 hours of said delivery.
A.
License required. It shall be unlawful to transport any explosives except in a vehicle for which a license has been issued the Building Inspector. Application for such license shall be accompanied by an inspection fee as set forth in Chapter A224, Fees. Each license or renewal thereof shall expire on December 31 next following its issuance and may be renewed upon payment of an inspection fee as set forth in Chapter A224, Fees. No such license or renewal shall be issued until the applicant has furnished a surety bond in the sum of $50,000, such bond to meet the approval of the Town Board and, after such approval, to be filed with the Town Clerk.[1]
B.
Prohibited in public conveyances. It shall be unlawful
to transport or carry any explosive in or upon any public conveyance which
is carrying passengers for hire.
D.
Condition, contents and operation of vehicle.
(1)
Every vehicle used for the transportation of explosives
shall be kept clean and in good repair at all times and, when containing explosives,
shall be operated as required herein. No person shall place or carry, or cause
to be placed or carried, in or upon a vehicle containing an explosive any
metal tool, piece of metal, fire or any match, exploder, detonator, blasting
cap or other device for producing spark, flame or heat, except tools for the
operation and repair of such vehicle.
(2)
Whenever the vehicle is parked or becomes disabled and
remains on the street between sunset and sunrise, it shall be protected by
lights, reflectors or other approved warnings visible for at least 200 feet.
Before a disabled vehicle is towed, all explosives shall be removed to another
licensed vehicle. All fuel tank inlets shall be equipped with a device to
relieve excessive internal pressure. Exhaust pipes shall be protected by a
properly constructed flame baffle to prevent backfire flames from igniting
the contents of motor vehicles.
(3)
The floors of all vehicles must be tight. Any exposed
metal on the inside of the body liable to come into contact with any package
of explosive must be covered or protected with wood or other nonmetallic material.
(4)
Every vehicle must be equipped with not less than two
fire extinguishers of a make and type approved by the Underwriters for such
purpose, of at least a one-quart capacity each, filled and ready for such
immediate use and placed at convenient points on each vehicle, and such vehicle
shall be inspected daily by the owner or operator or his representatives to
determine that:
(a)
Fire extinguishers are filled and in working order.
(b)
Electric wiring is completely insulated and firmly secured
and all lights are in proper working order. The battery and wiring must be
so installed that they will not come in contact with any package of explosives.
(c)
The chassis, engine, pan and bottom of the body are clean
and free from surplus oil and grease.
(d)
Brakes and steering apparatus are in good condition.
(e)
The fuel tank and feed line from the fuel tank have no
leaks.
(f)
In general, the vehicle is in proper condition for the
safe transportation of explosives.
(5)
No vehicle shall pass fires of any kind burning on or
near the public highway unless, after proper investigation, this is found
to be safe.
(6)
All congested thoroughfares, places where crowds are
assembled, streetcar tracks, tunnels, viaducts and dangerous crossings should
be avoided as much as possible.
(7)
Explosives must not be transported in any form of trailer,
nor shall any trailer be attached to a motortruck or vehicle hauling explosives.
(8)
The driver must always have the motortruck or vehicle
under complete control.
(9)
Each vehicle must come to a full stop before crossing
any main public highway and must then proceed with caution.
(10)
Motor vehicles must not coast or freewheel at any time.
(11)
No driver of any vehicle shall leave the driver's
seat until the motor of the vehicle is stopped and the brakes are set. The
driver of any vehicle other than a motor vehicle containing any explosive,
when necessary to leave the driver's seat, shall securely set the brakes.
(12)
Vehicles while containing explosives shall never be taken
into a garage or repair shop for repairs or storage. This rule will not apply
to open, sunshade garages where no open-flame light or burner is in use.
(13)
No fuel shall be run into the fuel tank of any vehicle
while carrying explosives except to replenish the fuel supply en route when
the fuel tank is of insufficient capacity to permit the destination to be
reached with one filling, and then only when the engine of the vehicle is
stopped.
(14)
No vehicle shall be parked on any public street adjacent
to or in close proximity to any dwelling or building or place where persons
work, congregate or assemble. This does not apply to persons assisting in
the loading or unloading of any vehicle.
(15)
Packages must not be placed where they are likely to
fall off vehicles, tailboards must be closely and securely fastened during
transportation, and the sides and ends of open-bodied vehicles must also be
high enough to prevent any such package from falling off the vehicle.
(16)
Bale hooks or metal tools must not be used for loading,
unloading or other handling of explosives.
(17)
Any vehicle equipped with an open body must have packages
of explosives loaded therein completely covered with tarpaulin to protect
them from the weather and from sparks.
(18)
Before any explosive is loaded into or unloaded from
any motor vehicle, the engine of the vehicle shall be stopped and the brakes
set. For horse-drawn vehicles, the horses must have been securely tied and
the brakes set.
E.
Marking of vehicles. Every vehicle carrying an explosive
shall display upon an erect pole upon its front end, at such height as to
be visible from all directions, a red flag with the word "danger" printed,
stamped or sewn in white letters thereon. The flag shall be at least 18 inches
wide by 30 inches long, and the letters at least 12 inches high. In addition
to such flag, the vehicle shall carry on its front, sides and back signs with
the word "explosives" and the permit number in easily legible letters at least
three inches high.
G.
Drivers. Every vehicle carrying explosives shall be in
continuous charge of a competent person having experience as a handler of
explosives, and no other person shall be allowed in or upon said vehicle.
No person shall approach, ride upon, drive, load or unload a vehicle carrying
explosives carelessly, recklessly or while smoking or while under the influence
of intoxicating liquor or narcotics.
H.
Delivery. It shall be unlawful to deliver any explosive
except in original and unbroken packages or at any place other than a duly
licensed magazine and to the person in charge thereof, provided, however,
that the Building Inspector may permit the delivery to a licensed blaster
of a smaller amount to be loaded into holes for immediate blasting.[4]
I.
No interference. It shall be unlawful for any person
to interfere with or molest a vehicle containing explosives, or the person
in charge thereof.
Except while being transported or blasted or while in the custody of
a common carrier awaiting shipment or delivery to a consignee during the time
permitted by federal law, all explosives shall be stored in magazines in accordance
with §§ 453 to 458, inclusive, of Article 16 of the Labor Law
of the State of New York. Each such magazine shall be at all times in charge
of a competent person at least 21 years of age who has satisfied the Building
Inspector as to his fitness. It shall be unlawful for any other person to
have access to the magazine or place, handle or remove any explosive therein.
A.
Permit required.
(1)
It shall be unlawful for any person to blast or carry
on any blasting operations unless he is the holder of a blaster's license
in the Town of Mount Pleasant and unless he obtains a permit for the proposed
work from the Building Inspector.[1]
(2)
Applications for blasters' licenses shall be made
to the Building Inspector on forms prescribed by them. Applicants shall be
at least 21 years of age and of good character and habits and shall satisfy
the Building Inspector as to their experience in handling explosives and the
ability to use the same without undue risk.[2]
(3)
Each application shall be accompanied by an examination fee as set forth in Chapter A224, Fees. Licenses shall expire on December 31 next following the date of their issuance and may be renewed by the Building Inspector for the time of one year on the payment of a registration fee as set forth in Chapter A224, Fees, for each such renewal. Licenses may be revoked if, in the opinion of the Building Inspector, the holder has proved himself incompetent or careless. If so revoked, no new license shall be issued to the same person for a period of three months, and then only upon satisfying the Building Inspector of his fitness for such license.[3]
(4)
Permits for blasting shall only be issued to persons
holding a blaster's license or to contractors who have in their employ
persons holding such a license.
(5)
The permit shall state the location for which it is approved including the tax lot number, the date issued, the name of the person authorized to do the blasting, the number of blasts to be set and such other information as the Building Inspector may deem necessary. The permit shall be good only for the one lot designated therein, shall not be transferable and shall expire not later than one year from date thereof. The permit shall not be issued until the applicant shall furnish a bond by a solvent fidelity or surety company authorized by the laws of the State of New York to transact such business, in such amount as shall be fixed by the Building Inspector, which amount shall be on file in the office of the Town Clerk, which said bond must meet with the approval of the Town Board as to form correctness and sufficiency of surety, and, after such approval, said bond shall be filed with the Town Clerk. The applicant shall also satisfy the Building Inspector that any magazine to be used for the storage of explosives on the work for which the blasting permit is desired has been duly licensed by the State Industrial Commissioner under § 458 of Article 16 of the State Labor Law. Application for such permit shall be accompanied by an inspection fee as set forth in Ch. A224, Fees. Any amount paid in excess of the total fee due based upon the actual number of blasts shall be refunded. Any additional blasts shall require the permit to be amended and the applicable additional inspection fee to be paid. The maximum fee per day shall be as set forth in Ch. A224, Fees.
[Amended 5-9-2000[4]]
B.
Hours of blasting. It shall be unlawful to blast or carry
on any blasting operations after 7:00 p.m. or before 8:00 a.m., nor shall
any blasting be done on Sunday, except with the approval of the Building Inspector.[5]
C.
Quantity of explosive per hole. No person shall use in
a blasting operation a quantity of explosive greater than necessary properly
to start the rock. In all cases of blasting rock, unless special permission
is obtained from the Building Inspector, the explosive to be used shall not
exceed the equivalent of one pound in weight of forty-percent explosive for
each four-foot depth of the hole if not 10 feet below the surface and one
pound in weight of sixty-percent explosive for each four-foot depth of a hole
that is more than 10 feet below the surface. The Building Inspector may give
permission to use larger quantities of explosives if the blasting operation
is below ground far enough where it will not interfere with the peace of the
community.[6]
D.
Covering blasts. Before firing any blast, except where
the same is in a tunnel, the material to be blasted shall be covered on the
top and sides with timber, held securely together by strong chains or ropes
of iron or steel and covered with sheets of tin or heavy woven matting of
rope or wire.
E.
Firing. It shall be unlawful to explode a blasting charge
by means of time fuse, slow-burning or safety fuse or by any means other than
some form of electrical apparatus. At least three minutes before firing a
blast, the blaster shall give warning thereof by causing a competent man carrying
a red flag to be stationed at a reasonable distance from the blast at each
avenue of approach or point of danger.
F.
Shoring. The blasting of rock contiguous to any structure
shall be so conducted as not to cause damage thereto. To this end, weak walls
or other supports shall be shored up, and rotten or decomposed rock shall
be removed only by the use of gads, picks or crowbars. When blasting in the
vicinity of a weak structure is unavoidable, only light face blasts with short
lines of resistance and small charges shall be used.
G.
Tamping. Blasting charges shall be tamped only by means
of wooden tamping rods, and explosives shall be pressed or set into place
by steady, even pressure only. All strokes or blows with the tamping rods
are forbidden, and no tamping rod shall be used which is frayed or split at
the end.
H.
Unexploded charge. Immediately after firing a blast,
the blaster shall cause all debris to be removed and shall thoroughly examine
the rock and the drill holes to ascertain whether there remains any unexploded
charge, and, until this is done, no drills shall be set up. In case a charge
shall fail to explode, it must be exploded by drilling one hole at least 12
inches away, which shall be loaded and fired in the usual manner, but in no
case shall the charge and tamping be removed from the hole without the special
permission of the Building Inspector. In case a blast shall fail to carry
away the entire drill hole and leaves the lower part intact, no further drilling
shall be done in that hole.[7]
I.
Blasters' helpers. No person shall load holes in
blasting operations except the blaster authorized in the permit; provided,
however, that while holes are being actually loaded, drillers and drill helpers
may act as blasters' helpers under the direct supervision and responsibility
of the blaster.
J.
Capping cartridges. Cartridges, while being capped, shall
be removed from any magazine to a distance of not less than 50 feet and, after
being capped, shall not be returned to a magazine. Cartridges shall be capped
only as required for the work and for immediate use.
