[HISTORY: Adopted by the Common Council of the City of Glens Falls at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A duly licensed person who has secured a permit to perform blasting in the City of Glens Falls.
- Includes an individual, corporation, association, firm or partnership.
No person shall blast or cause to be blasted any rock or other substance with any explosive in the City of Glens Falls without having first obtained a permit from the Fire Chief or his designee covering the specific blasting operation, upon written application. Such blasting operations shall be conducted under the direct control and supervision of competent and licensed persons in accordance with the provisions of New York State laws and regulations and the provisions of this chapter.
Before such permit is issued, the person 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 city harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to persons or property resulting from or occasioned by such blasting operations. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the insurance company unless 30 days' prior written notice is sent to the city by registered mail. No permit shall be valid unless such insurance is in full force and effect.
Such permit, when approved and signed by the Fire Chief or his designee and upon payment of a fee of $25 to the Fire Chief or his designee or such other fee as may be fixed from time to time by the Common Council, shall be issued and signed by the Fire Chief or his designee, 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 three months from the date of issue, and the particular place where the blasting is to be done. The Fire Chief or his designee may revoke any permit issued hereunder and issue a stop-work order at any time for good cause shown. Before such permit is issued, the person shall have in his possession a valid license to purchase, own, possess, transport or use explosives, issued by the Explosives Licensing Unit, New York State Department of Labor, and no such license will be issued to anyone under 18 years of age or otherwise considered ineligible as defined in Section 459 of Article 16, Industrial Code Rule 39, of Title 12 of the Official Compilation Codes, Rules and Regulations of the State of New York.
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. The Fire Chief or his designee may limit the maximum quantity of explosives to be used, but no action by the Fire Chief or his designee shall relieve or exempt any person or insurance company from liability for damage caused by the use of such explosives. In a case where the Fire Chief or his designee seeks expert advice, he may issue a temporary stop-work order until such advice is secured. The cost of such advice shall be borne by the permittee.
All blasts, 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 a 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 City of Glens Falls 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.
No person shall conduct blasting operations within the City of Glens Falls after the hour of 4:00 p.m. or before 8:00 a.m. or at any time on Saturday or Sunday.
During blasting operations, explosives shall be stored separately from igniters, 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 no more than a one-day supply of such explosives shall be so stored. Explosives shall not be stored unattended overnight.
Whenever blasting is to occur within 500 feet, measured from the blast site, of any structure, including a residential dwelling, the inhabitants or users of such structure or dwelling shall be personally notified of the date and approximate time that blasting will occur. In the event that personal notification cannot be effected, a written notice containing the above information may be left or posted at the structure or dwelling in a conspicuous place or a registered letter may be sent to the affected structure or dwelling. By whatever means notice is effected, said notice shall be received no less than 24 hours prior to blasting.
Written notice of the date and approximate time of blasting shall, additionally, be given to the City Clerk, Police Department, Building Department, Department of Public Works and Water Department no less than 24 hours prior to blasting.
The applicant shall submit an affidavit of notifications to the Fire Chief or his designee prior to commencing blasting.
Compliance with state regulations. It shall be unlawful for any person or persons to transport or cause or permit the transportation of explosives in any vehicle through, to or within the City of Glens Falls in any manner which violates the provisions of Section 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Guarding; stops. No person in charge of a vehicle containing explosives in transit shall allow such vehicle to remain unguarded at any time, and no person charged with the responsibility of such transportation shall make any unnecessary stops within the City of Glens Falls. Where such stop is unavoidable, the person in charge of the vehicle containing the explosives shall strictly observe the Rules for Vehicles in Transit as defined in Paragraph g of Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
This chapter may be enforced by the Fire Chief or his designated agents.
Any person or corporation violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a mandatory fine of $2,500.) for each offense. Every violation of any provision in this chapter shall be a separate and distinct offense.