The Town Board of the Town of Dover takes recognition of requests by
residents of the Town of Dover to impose regulations on the discharge of explosives
within the town so as to promote the peace, good order and safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the
Municipal Home Rule Law of the State of New York, Article 16 of the Labor
Law of the State of New York and Title 12, Chapter XVI, Part 39, of the New
York Code of Rules and Regulations, specifically Section 464-a.
As used in this chapter, the following terms shall have the meanings
indicated:
EXPLOSIVES
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, benzine, 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 to the injury of life, limb or property.
PERMITTEE
A duly licensed person who has secured a permit to perform blasting
in the Town of Dover.
PERSON
Includes an individual, corporation, association, firm or partnership.
The provisions of Article 16 of the Labor Law of the State of New York,
as well as Industrial Code Rules contained in Title 12, Part 39, of the New
York Code of Rules and Regulations, are recognized as applicable to the possession,
handling, storage and transportation of explosives within the jurisdiction
of the Town of Dover and shall be complied with by all blasters.
Before such permit is issued, the applicant 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, 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
providing bodily injury coverage of not less than $1,000,000/$2,000,000 and
property damage insurance of not less than $300,000/$500,000.
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 personal property resulting from or occasioned by such blasting operations.
Such a policy shall contain the provision that the policy shall not be canceled,
terminated, modified or changed by the company unless 30 days' prior written
notice is sent to the town by certified mail. 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 the payment of a fee, to be determined by the Town Board by simple resolution,
to the Building Inspector, or such other fee as may be fixed from time to
time by the Town Board, shall be issued and signed by the Building Inspector,
who shall keep a record thereof. Each permit shall specify the name of the
permittee, the date of expiration, which shall be no later than 12 months
from the date of issue, and the particular place where the blasting is to
be done. The Building Inspector may revoke any permit issued hereunder and
issue a stop-work order at any time for good cause shown.
No person shall use in a blasting operation a quantity of explosives
greater than necessary to properly start the rock or other substances or use
such an amount as will endanger persons or property.
All blasts scheduled to take place within 300 feet of any roadway or
structure, including any residential dwellings, before firing, shall be covered
with metal 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 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 Dover unless
competent persons carrying red flags shall have been placed at reasonable
distances on all sides of the blast to give proper warning thereof at least
three minutes in advance of firing.
During blasting operations, explosives shall be stored separately from
detonators, and, for this purpose, separate receptacles shall be built or
provided and placed at a reasonable distance apart one from the other. Explosives
shall be stored in approved magazines and shall not be stored unattended overnight.