[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 6-26-1984 by L.L. No. 12-1984. Amendments noted
where applicable.]
This chapter shall be known as a "Local Law
Regulating Blasting and the Use of Explosives in Blasting Operations."
No person shall blast or use any explosives
in blasting operations in the Village of Rye Brook unless he is a
holder of a blaster's license in the Village of Rye Brook and unless
he obtains a permit for the proposed work from the Building Inspector
of the Village of Rye Brook.
[Amended 12-15-1992 by L.L. No. 2-1992]
A.
A blaster's license shall be issued by the Building Inspector of
the Village of Rye Brook upon application on forms prescribed by him.
Applicants shall be at least 21 years of age and shall satisfy the
Building Inspector as to their experience in handling explosives and
ability to use the same without undue risk. Applicants shall submit
proof of a state certificate of competence as required by § 482
of the General Business Law. All application materials shall be submitted
in electronic file format acceptable to the Building Department in
addition to at least three paper copies of any plans or surveys, or
such other format or amount as determined by the Building Department.
The Building Department may waive the electronic submission requirement
only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
B.
The license shall not be issued until the applicant
shall furnish a bond or an irrevocable letter of credit in a sum to
be fixed by the Superintendent of Public Works/Village Engineer and
in a form acceptable to the Village Attorney. After such approval,
said bond or letter of credit shall be filed with the Village Clerk.
In addition, each applicant shall secure and deliver to the Director
of Public Works a liability insurance policy in an amount set by resolution
of the Board of Trustees with the Village named as an additional insured.
Each application shall be accompanied by a fee in an amount set by
resolution of the Board of Trustees. Licenses shall expire on December
31 next following the date of their issuance and may be renewed by
the Building Inspector for a period of one year on the payment of
a registration fee in an amount set by resolution of the Board of
Trustees for each renewal. The current License and Fee Schedule is
on file in the Village Clerk's Office. Each applicant for renewal
of license shall furnish a bond or irrevocable letter of credit as
hereinabove provided. A license may be revoked if, in the opinion
of the Building Inspector, the holder of such license has proven 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.
[Amended 8-26-2003 by L.L. No. 13-2003; 10-27-2020 by L.L. No. 9-2020]
[Amended 12-15-1992 by L.L. No. 2-1992]
All bonds or letters of credit herein required
shall be conditioned for the payment to the Village of Rye Brook,
in full or in part, or to any person entitled thereto, for any loss,
damage or injury resulting to persons or property by reason of any
use of any explosives in blasting operations, and for the strict and
full compliance with the provisions of this chapter and with such
other regulations pertaining to explosives as may hereinafter be lawfully
made and enacted.
A.
Permits for blasting shall only be issued by the Building
Inspector of the Village of Rye Brook to person holding a blasting
license or to contractors who have in their employ persons holding
such a license.
B.
The permit shall state the location for which it is
approved, the date issued, the name of the person or persons 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 location
designated therein, shall not be transferable and shall expire not
later than one year from the date thereof. Application for such permit
shall be accompanied by an inspection fee in an amount set by resolution
of the Board of Trustees. The current License and Fee Schedule is
on file in the Village Clerk's office.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003]
C.
If the Director of Public Works or Building Inspector
finds, upon reviewing an application for a blasting permit, that the
conduct of such blasting operation will require the Village to hire
an outside expert or consultant to review the permit application,
to monitor the activity or to offer advice on the placing and firing
of the charges, the estimated cost of the services of such outside
expert or consultant will be added to the permit fee, and, if the
actual fee exceeds the estimate, the licensee shall be required to
pay said excess to the Village as part of the conditions of the license.
[Added 12-15-1992 by L.L. No. 2-1992]
[Amended 12-15-1992 by L.L. No. 2-1992].
It shall be unlawful to blast or carry on any
blasting operation after 7:00 p.m. or dusk, whichever occurs earlier,
or before 8:00 a.m., nor shall any blasting operation be done on Sunday,
except with the approval of the Building Inspector.
[Amended 12-15-1992 by L.L. No. 2-1992]
No person shall use for a blasting operation
a quantity of explosives greater than necessary to properly start
the rock. It shall be unlawful to store explosives, fuses, electrical
equipment or other apparatus necessary to blast or any equipment involved
with exploding or blasting charge, except for covering materials on
site overnight.
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 material of rope or wire.
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 person carrying a red flag to be stationed at a reasonable
distance from the blast at each avenue of approach or point of danger.
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.
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.
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.
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 blaster's helpers under the direct supervision and responsibility
of the blaster.
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.
[Amended 12-15-1992 by L.L. No. 2-1992]
The violation of any provisions of this chapter, or failure to comply therewith, shall be a violation punishable by a fine as provided in § 1-17 of Chapter 1, General Provisions, and each such 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.
