This chapter shall be known as "A Local Law Regulating Blasting
and Explosives."
As used in this chapter, the following terms shall have the
meanings ascribed to them:
BLAST and BLASTING
Includes any activity whereby earth or rock is dislodged
or torn apart by the use of any explosive, and includes the sudden
displacement of any vegetation, ground cover, earth, man-made material
or rock by the explosion or detonation of an explosive material.
EXPLOSIVE
As defined at § 451 of the Labor Law of New York
State.
FIRE INSPECTOR
The duly appointed Fire Inspector of the Town of Fishkill,
or the Town Building Inspector in such cases where the Fire Inspector
is incapacitated or temporarily unable to discharge his duties as
described herein.
PERSON
Includes a natural person, business, partnership, limited
partnership, corporation or other legal entity.
SOIL MINING OPERATIONS
Any operation or activity which requires a permit in accordance with Chapter
128, Extraction of Topsoil and Natural Resources, of the Fishkill Town Code or by Title 27 of Article 23 of the Environmental Conservation Law, the New York State Mined Land Reclamation Law.
No person shall possess, transport or use explosives in the
Town of Fishkill unless a license or permit shall have first been
issued as provided under the New York State Labor Law and under this
or other applicable laws in force in this Town.
It shall be unlawful to blast or carry on any blasting operation
after 5:00 p.m. or before 8:00 a.m., nor shall any blasting be done
on Saturday, Sunday or legal holidays unless expressly permitted,
in writing, by the Fire Inspector.
The holder of a blaster's permit issued pursuant to this
chapter shall perform blasting operations in accordance with the provisions,
regulations and requirements of the New York State Labor Law (including
but not limited to Industrial Code Rule No. 23, entitled "Protection
in Construction, Demolition and Excavation Operations") and the New
York State Uniform Fire Prevention and Building Code and all amendments
thereto and, in addition, shall perform such blasting operations in
accordance with accepted practices generally employed in the industry.
It shall be unlawful for any person, firm or corporation to
engage in the use of explosives or combustibles for blasting purposes
within the Town of Fishkill without complying with the following procedures:
A. Minimum effective charge. Blasts shall be made with the minimum charge sufficient to break and move rock in a safe manner. The Fire Inspector shall employ the standards set forth in the Appendix (
included as an attachment to this chapter), Reference Books, to assist him to determine the minimum effective charge to be employed.
B. Barricades. Barricades shall be erected around blasting areas at
all times.
C. Watchmen. Watchmen shall be posted in sufficient number to warn all
persons of danger while blasting is in progress. Said watchmen shall
not be fewer than two in number and shall carry red flags or other
identifying features.
D. Containment. Charges shall be covered with interwoven steel rope
mats to effectively prevent the spraying of stones, earth or other
debris on the surrounding areas.
E. Notice. All persons living within a radius of 1,000 feet of a point
at which a blast is to be made shall be personally notified, in writing,
by the blaster of the blasting schedule not less than seven business
days prior to commencement of blasting operations. Such notice shall
include contact information for the Town Fire Inspector and a statement
that any questions or complaints regarding the blasting should be
directed to the Town Fire Inspector.
F. Blasting shall be supervised by a New York State licensed blasting
contractor.
G. Before a charge is detonated, the person holding the blaster's
permit shall cause to be sounded a horn loud enough to be heard 1/4
mile away in the following manner:
(1) One long warning blast one minute before detonation.
(2) Two short warning blasts 30 seconds before detonation.
(3) Three short blasts to indicate "all clear" after the detonation.
H. No blasting shall be done except between the hours of 8:00 a.m. and
5:00 p.m. No blasting shall be done on Saturdays, Sundays or legal
holidays, except as expressly approved by the Fire Inspector.
I. Storage magazines may be fenced if required by the Fire Inspector. The Fire Inspector shall have the authority to determine the appropriate height and type of temporary fencing and the area to be fenced in. If a fence is required by the Fire Inspector to be higher than Chapter
150, Zoning, would otherwise permit, such temporary fence may be erected without the requirement of a variance.
J. Seismograph readings by a qualified consultant may be ordered by
the Fire Inspector at any time as the Inspector deems appropriate.
The cost of such services shall be paid by the owner of the property
or by the blaster on the owner's behalf.
K. The Fire Inspector may condition the issuance of a permit on the
conduct of inspections of real property near the blasting site to
determine the condition of such properties prior to commencement of
blasting, said inspections to be made by the blasting permit holder
or his representative.
L. The blaster shall reimburse the Town of Fishkill for the actual costs
to the Town for extra police or emergency personnel that are employed
by the Town as a result of the blasting operations. The Fire Inspector
may require prepayment of such sum to the Town as a condition of issuance
of the permit.
Twenty-four hours before any blast is scheduled to occur, the
contractor and blaster shall give notice to the Fire Inspector, by
telephone or in person, of the time and place that the explosion will
take place.
The blasting of rock adjacent to any structure shall be conducted
as to not cause damage thereto. 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 lightface blasts with short
lines of resistance and charges shall be used.
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 further drilling or blasting shall take
place. In case a blast shall fail to carry away the entire drill hole,
and leave the lower part intact, no further drilling shall be done
in that hole.
Engaging in blasting is an inherently dangerous activity for
which the holder of a blasting permit as well as the person who engages
the party conducting the blasting is absolutely liable for any damage
caused thereby.
The violation of any of the provisions of this chapter, except §
65-19, for which a separate penalty is imposed, or failure to comply therewith shall be a misdemeanor and punishable by a fine which shall not exceed $1,000 per violation. Each day such violation shall continue shall constitute a separate offense. This penalty shall be in addition to, and not in place of, the authority of the Fire Inspector and the Town of Fishkill to apply for equitable relief to correct violations of this chapter.