[HISTORY: Adopted by the Town Board of the Town of Newburgh 9-23-1974 as Ch. 125 of the 1974 Municipal Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Blasting Law of the Town of Newburgh."
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- The duly appointed Building Inspector of the Town of Newburgh.
- Includes a person, persons, firm, partnership, corporation or other entity capable of being sued.
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 issued by the State of New York and unless he obtains a permit for the proposed work from the Building Inspector.
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 licenses.
The permit shall state the location for which it is approved, the date issued, the name of the person authorized to do the blasting and such other information as the Building Inspector may deem necessary.
The permit shall be good only for the one (1) location designated therein, shall not be transferable and shall expire not later than one (1) year from the date thereof.
The permit shall not be issued until the applicant shall submit to the Town of Newburgh a certificate of general public liability insurance in the amount of one million dollars ($1,000,000.) for personal injury and one hundred thousand dollars ($100,000.) for for property damage, executed by the carrier or its authorized representative. The certificate shall provide that said policy will not be canceled except on ten (10) days' notice in writing to the Town of Newburgh. Should the Building Inspector determine that the extent of the blasting operations in any particular case and the danger involved require public liability insurance coverage in greater amounts than above specified, he shall immediately certify his determination to the Town Clerk and simultaneously request that the Town Board fix the policy limits. The Town Board shall meet as expeditiously as possible for said purpose, and said Town Board is hereby authorized and empowered to fix the policy limits in such amount or amounts as the Town Board shall deem commensurate with the scope of the blasting operations and the dangers involved, not exceeding, however, the following amounts: two million dollars ($2,000,000.) for each person injured, three million dollars ($3,000,000.) for each accident and five hundred thousand dollars ($500,000.) property damage. Such liability insurance policy shall be issued by an insurance company authorized to do business in New York State and the certificate approved as to form and sufficiency by the Town Attorney, and, after such approval, said certificate of insurance shall be filed with the Town Clerk.
[Amended 6-19-1978 by L.L. No. 2-1978]
Application for such permit shall be accompanied by an permit fee as prescribed by Chapter 104, Fees.
Before the issuance of any permit, the applicant must also file with the Town Clerk a surety bond or letter of credit which shall be in the form prescribed by the Town Attorney and signed by the applicant as principal and by a solvent surety company authorized to transact business within the State of New York as surety thereon and must meet with the written approval of the Town Attorney as to form, correctness and sufficiency of surety, and which bond shall indemnify all persons and the Town of Newburgh against any loss, expense, cost or damages of any kind or nature to persons or property resulting from blasting during the license period. The liability hereby imposed upon the applicant shall be one of absolute liability for any such loss, expense, cost or damages of any kind or nature to persons or property resulting from blasting, with or without trespass, and shall not depend upon any question of negligence upon his part or upon the part of his agents, servants or employees. The neglect of anyone to direct the applicant, his agents, servants or employees to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant from the liability hereby imposed upon him. Said bond, after approval by the Town Attorney, shall be filed with the Town Clerk. Each applicant for renewal shall furnish a bond as hereinabove provided.
Should the Building Inspector determine that the extent of the blasting operations in any particular case and the dangers involved do not require insurance coverage in greater amounts than one million dollars ($1,000,000.) for each personal injury, one hundred thousand dollars ($100,000.) for each accident and five thousand dollars ($5,000.) for property damages, then in such case the sum of the surety bond shall be fifty thousand dollars ($50,000.); but should the Building Inspector determine that said operations and damages involved require insurance coverage in greater amounts and so reports to the Town Board and requests the Town Board to fix the policy limits, then in such case the Town Board shall determine and fix the amount of the surety bond, not, however, exceeding one million dollars ($1,000,000.)
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 Commissioner of Labor of the State of New York, as provided in Article 16, § 458, of the Labor Law.
It shall be unlawful to blast or carry on any blasting operation 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.
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.
Covering blasts. Before firing any blasts, 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.
Firing. It shall be unlawful to explode a blasting charge by means of time, slow-burning or safety fuses or by any means other than some form of electrical apparatus. At least three (3) 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.
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 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 charges shall be used.
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.
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 (1) hole at least twelve (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.
Blaster's helpers. No person shall load holes in blasting operations except the blaster authorized by the license; provided, however, that while holes are being actually loaded, drillers and drill helpers may act as blaster's helpers under the direct supervision and responsibility of the licensed blaster.
Capping cartridges. Cartridges, while being capped, shall be removed from any magazine to a distance of not less than fifty (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.
The violation of any of the provisions of this chapter or failure to comply therewith shall be an offense and punishable by a fine which shall not exceed two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or both, and each day such violation shall be permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.