[HISTORY: Adopted by the City Council of the City of Saratoga
Springs as Ch. 94, Art. II, of the 1970 Code; amended in its entirety 8-16-2005. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 117.
A.
No
person, firm, corporation or legal entity shall engage in the activity
of blasting anywhere in the City of Saratoga Springs without first
obtaining a blasting permit from the Building Inspector as provided
in this chapter.
B.
No
person, firm, corporation or legal entity shall purchase, own, possess,
use, transport, deal in, manufacture, or sell explosives or any substance
used to provide explosion or force for the purpose of blasting anywhere
in the City of Saratoga Springs without first obtaining a license
from the United States Bureau of Alcohol, Tobacco and Firearms and
the State of New York, Department of Labor. A copy of such license
in effect shall be submitted to the Building Inspector along with
any application for a blasting permit as provided in this chapter.
C.
For
purposes of this chapter, the term "blasting" shall mean any act of
exploding or detonating a substance for any lawful purpose of construction,
demolition, renovation or conservation. New York State Department
of Environmental Conservation permitted mining operations are excluded
from this definition.
A.
A
person or corporation applying for such permit is required to have
a valid New York State explosive license issued by the State Department
of Labor or other appropriate state department and shall provide a
certificate of insurance:
(1)
Naming the City as an additional insured on commercial general liability
including completed products and operations and personal injury liability
insurance in the amount of $1,000,000 per occurrence and $2,000,000
aggregate and excess liability insurance in the amount of $4,000,000
per occurrence aggregate.
(2)
Evidence of statutory workers' compensation and employer's
liability insurance or a waiver of same as permitted by law.
B.
Execute
a hold harmless agreement, in a form satisfactory to the City, by
which the applicant shall indemnify and save harmless the City of
Saratoga Springs, its agents and employees (hereinafter referred to
as "City"), from and against all claims, damages, losses and expense
(including, but not limited to, attorneys' fees), arising out
of or resulting from the performance of the work or purchase of the
services, sustained by any person or persons, provided that any such
claim, damage, loss or expense is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of property caused
by the tortious act or negligent act or omission of a person or contractor,
its employer, agents or subcontractors.
The provisions of Article 16 of the Labor Law of the State of
New York, as well as the Industrial Code Rules contained in Title
12, Part 39 of the New York Codes, Rules and Regulations, are recognized
as applicable to the possession, handling, storage, and transportation
of explosives within the jurisdiction of the City of Saratoga Springs
and shall be complied with by all persons engaging in the activity
of blasting.
The application for a blasting permit shall be on a form approved
by the Building Inspector and shall contain the original and four
copies of all such information as is required by the Building Inspector,
including the following:
A.
The
name of the owner of the property upon which the detonation of explosives
is intended to occur.
B.
The
business address of the person, firm or corporation proposing to detonate
explosives on the subject property.
C.
Evidence
of the fact that the person, firm or corporation intending to detonate
explosives is duly licensed pursuant to § 458 of the Labor
Law of the State of New York and the United States Bureau of Alcohol,
Tobacco and Firearms.
D.
The
precise location of the intended detonation of explosives, as well
as the size charges intended to be detonated and the proposed schedule
for detonation of explosives.
E.
Evidence
that the person intending to detonate explosives has sufficient financial
security or insurance coverage to provide payment for damages to any
person suffering damages by virtue of the detonation of the explosives.
F.
Evidence
that the person intending to detonate has obtained permission to do
so from all utilities within the blasting area, including gas, electric,
communications, cable and water and sewer. Evidence shall be submitted
in written form and attached to the application for blasting.
G.
A
description of all structures, including residential dwellings, located
within 250 feet of the blast site and a list of the names and the
addresses of the owner or owners of any parcel of property immediately
adjoining or abutting the parcel of property from which the blasting
is to take place, as shown on the most recent tax rolls of the City
of Saratoga Springs.
Upon receipt of an application for a blasting permit, the Building
Inspector shall forward copies of the submitted application to the
following City offices for review:
The person, firm, corporation or legal entity conducting or
causing any blasting operation within the City of Saratoga Springs
shall cause notice of such blasting to be mailed to all property owners
within 250 feet of the blasting site. Such mailing shall be by certified
mail not fewer than 10 calendar days prior to the blasting activity.
Said notice shall include a description of the blasting activity,
a description of all signals to be used during the blasting operation
and an address and telephone number where property owners may request
further information.
Upon determining that all requirements have been met and the
required fee paid, the Building Inspector shall have the authority
to issue a permit for blasting activity as provided herein.
A fee of $100 shall be paid for each permit issued under this
chapter. A permit shall be valid for one year from the date of issuance,
unless specified as being valid for some other time period.
Upon receipt of a permit, each permittee shall provide to the
Building Inspector a written statement that copies of all pre-blast
surveys done in connection with the permit will be placed on file
and retained at a specified location for a period of not less than
three years after the blasting activity is completed.
It shall be the duty of the Code Administrator to enforce the
provisions of this chapter. In addition to and not in limitation to
any power otherwise granted by law, the Code Administrator is hereby
authorized to issue appearance tickets for violation of this chapter.
