[HISTORY: Adopted by the Board of Trustees of the Village of Airmont
7-9-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
This chapter shall be known as the "Regulations for the Transportation,
Storage and Use of Explosives Within the Village of Airmont."
A.
The Board of Trustees of the Village of Airmont recognizes
the need to provide regulations for the transportation, storage and use of
explosives in the Village of Airmont to provide for the health, safety, and
welfare of its residents, the protection of private and public properties
and the environment.
B.
Blasting operations shall not be conducted within the
Village of Airmont when the purpose and/or effect of such proposed blasting
may be accomplished by some other feasible means available to the applicant,
it being the intention hereof of the Village to limit blasting within the
Village to those activities or purposes which cannot be accomplished by the
applicant by any other practical means other than that of actual blasting.
The unavailability of alternative feasible means shall be determined by the
unanimous decision of the Building Inspector and the Village Engineer and/or
their respective designees. In the event that either the Village Engineer
or Building Inspector determines that there is any alternative feasible means,
no blasting permit shall be issued. The provisions of this chapter shall not
apply to the denotation of explosives associated with the installation of
utility poles within the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any activity whereby layers of earth and/or rock are dislodged
or torn apart by the use of any explosives and includes displacement of any
vegetation, ground cover, earth or rock by the explosion or deterioration
of explosive material.
Gunpowder, powders used for blasting, high explosives, blasting materials,
detonating fuses, detonators agents, smokeless powders, any chemical compound
or mechanical mixture containing oxidizing and combustible units, or other
ingredients in such quantities or packing that ignition by fire, friction,
concussion, percussion or detonation of any part thereof may and is intended
to cause an explosion. This does not include gasoline, kerosene, naphtha,
turpentine, benzene, acetone, ethyl ether, benzol and quantities of black
powder not exceeding five pounds for the use in firing antique firearms or
artifacts or replicas thereof. Fixed ammunition and primers for small arms,
safety fuses and matches shall not be deemed to be explosive 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 that could cause injury of life, limb or property.
Any building or other structure, other than an explosive's factory,
used to store explosives.
Includes any natural person, partnership, association or corporation.
No blasting shall be permitted in the Village of Airmont except between
the hours of 10:00 a.m and 3:00 p.m., excluding Saturdays, Sundays and pubic
holidays when no blasting shall be permitted at any time.
It shall be a violation of this chapter for any person to possess, use
or store explosives in any location within the Village of Airmont without
first filing an application with and obtaining a permit from the Building
Inspector of the Village of Airmont. This permit shall not be transferable
and may only be used for the specific location and times specified on the
permit.
A.
Application. The application for any blasting permit
required by this chapter shall include the following items:
(1)
A site plan including the following information:
(a)
The area proposed to be disturbed and its relation to
neighboring properties, together with buildings, roads, underground utilities,
and natural watercourses, if any, within 1,000 feet of the boundaries of the
said area. An inset map at a reduced scale may be used, if necessary and helpful.
(b)
The area that is to be disturbed by the proposed blasting.
The precise location of the explosives to be detonated.
(c)
The applicant shall, at his or her expense, prepare a
map and report with photographs of all structures within 750 feet of the proposed
blasting site, so long as access is granted by the owner thereof, by a person
or firm routinely providing real estate inspection service. This map and report
shall indicate the physical condition of such structures prior to the blast
sufficient to determine after-blast residual damage. In cases where the surrounding
area is serviced by well water, sampling and inspection of all such wells
will be provided and results kept for follow-up. Such map and report may be
used in support of a permit application for a period of one year within which
the report was prepared for a particular piece of property.
(d)
The location of any sewage disposal system, any part
of which is within 750 feet of the proposed disturbed area.
(e)
The rehabilitation proposed.
(2)
The name, address, and telephone number of the person
in charge of the proposed blasting operations.
(3)
Evidence that such person is duly licensed to conduct
blasting operations.
(4)
A description of the blasting procedure to be used, including
type and amount of explosive charge.
B.
Required certificate of insurance. The Building Inspector
pursuant to this chapter shall issue no blasting permit until the applicant
shall have filed a certificate of insurance with the Village, which shall
comply with the following requirements:
(1)
The insurance carrier for the blasting contractor shall
be an A-rated company licensed to do business in the State of New York.
(2)
The certificate of insurance shall name the required
additional named insured as follows: "The following are all named as additional
named insureds with all rights and privileges of the policy contract without
the responsibility to pay premiums: The Village of Airmont and the owners
of each of the following lots as designated on the Town of Ramapo Tax Maps:
...."
(3)
The blasting contractor shall maintain products liability
and completed operations liability coverage for a minimum of two years after
completion of blasting operations.
(4)
The certificate of insurance shall show premises operations
liability and completed operations liability coverages, with limits of liability
for bodily injury or property damage of at least $5,000,000, or such lesser
amount as the Building Inspector may accept after taking into consideration
the type and extent of proposed blasting activities, and shall specify that
explosion, collapse, and underground hazards are included in such coverages.
(5)
The certificate of insurance shall indicate the following
cancellation clause: "The coverage afforded under the policies will not be
canceled or allowed to expire unless 30 days' written notice is given to the
addressee of this certificate."
C.
Required indemnification agreement. No blasting permit
shall be issued by the Building Inspector pursuant to this chapter until the
applicant shall have filed an executed indemnification agreement with the
Village of Airmont, which shall provide as follows: "The Contractor shall
indemnify and hold harmless the Village of Airmont and its agents and employees
from and against all claims, damages, losses, and expenses, including attorneys'
fees, arising out of or resulting from the performance of the blasting work,
provided that any such claim, damage, loss or expense (a) is attributable
to bodily injury, sickness, disease, or death, or to injury to or destruction
of tangible property (other than the blasting work itself), including the
loss of use resulting there from, and (b) is caused in whole or in part by
any act or omission of the Contractor, any subcontractor, anyone directly
or indirectly employed by any of them, or anyone for whose acts employed by
any of them, or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder."
D.
Required notice. Whenever a blasting permit shall be
issued pursuant to this chapter, written notice shall be given by the applicant
to property owners at their respective addresses as shown on the latest assessment
roll of the Town of Ramapo as to all improved properties within an area designated
by the Building Inspector. Said area shall include all properties which the
Building Inspector shall determine may be substantially affected by the proposed
blasting. Said notice shall state the date on which blasting is proposed to
commence and the estimated date when blasting will be completed. Said notice
shall be mailed by certified mail, return receipt requested, and regular mail,
at least 10 calendar days before the proposed commencement of blasting and
shall be placed at each property in a conspicuous place at least three days
before commencement of blasting. An affidavit of mailing or delivery of the
notice, designating the name and address of each property owner notified,
shall be filed with the Building Inspector before commencement of blasting.
The permit holder shall supply the Building Inspector with an affidavit detailing
the properties located within 750 feet of said blasting and the date, time
and method of service upon all such properties.
E.
Village Engineer review and report.
(1)
The Building Inspector shall refer each application to
the Village Engineer for review and report in accordance with the standards
and requirements of this chapter.
(2)
The Village Engineer shall review each application and
report to the Building Inspector as to whether or not the proposed blasting
operation poses a danger to persons or property in the vicinity of the area
proposed to be disturbed, and whether the measures proposed to protect persons
and property from such danger are sufficient.
F.
Safety precautions. All blasts, before firing, shall
be covered with 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 to persons
or property.
G.
Approval or disapproval. The Building Inspector shall
approve or disapprove the application for a blasting permit within 20 days
of the receipt of a complete application.
An application for a permit shall be made on forms provided by the Building
Inspector and shall be accompanied by the following:
A.
Application:
(1)
A New York State explosive handlers license, blasters
license and, where applicable, a New York State magazine license.
(2)
A certificate of insurance evidencing proofs of a valid
insurance policy for liability and damage insurance in an amount not less
than $5,000,000. The insurance shall include the name of the insurance company,
the amount of coverage, the name and address of the insured, and the name
and address of the agent or broker through whom it was placed and can attest
to such coverage. The policy shall include the Village of Airmont as additional
named insured.
(3)
Long form EAF (environmental assessment form).
B.
Application fees:[1]
(1)
The fee of $500 for the permit and $1,500 refundable
escrow returnable upon completion and removal of all blasting materials. Written
notification of removal of all explosives shall be supplied to the Building
Inspector prior to the release of escrow.
(2)
Permit shall expire 30 days from date of issue. The Building
Inspector may extend permit for thirty-day periods upon request by the applicant
and the payment of $500 for each thirty-day extension.
C.
Preblasting and postblasting surveys.
(1)
Prior to any blasting, a condition survey should be undertaken
for all buildings and utilities within 400 feet of the construction activity,
and it should include all historic buildings and structures. This survey should
document the existing exterior and interior conditions of these buildings.
Written documentation should be sent to any owner who withholds permission
for conducting the condition survey. The condition survey should typically
include engineering notes and photographs or video records taken by specialty
photographers. The report should also summarize the condition of each building
and define areas of concern. Reports of the condition surveys should be made
available to the owner for his review prior to the start of any construction
or demolition activity.
(2)
A record search of all production wells in the vicinity
of the site should be performed. Static groundwater measurements should be
made in these walls before and after the completion of blasting operations.
(3)
Line and grade surveys should be performed by a licensed
surveyor of all existing structures within the zone(s) where close-in blasting
is required as these structures are most susceptible to permanent displacements
from the blasting. The reference points should be established at least 750
feet from the blast site. The survey accuracy should be within 0.005 feet.
Existing cracks on buildings within 150 feet radius should be monitored using
crack monitoring gauges.
(4)
Three weeks prior to commencing the test blast program
and any time the contractor proposes to change the drilling and blasting methods,
he should submit an implementation place to the design engineer for review
and recordkeeping purposes.
(5)
The blasting operations should be controlled using the
frequency-based peak particle velocity, measured using instruments that provide
particle velocity waveform in conjunction with the peak event waveform. At
least two blast monitors, each with two or three geophones, should be used
for blast monitoring, as approved by the design engineer.
(6)
Prior to commencing full-scale controlled blasting operations,
the contractor should demonstrate the adequacy of the proposed implementation
plan by drilling, blasting, and excavating short test sections.
(7)
When blasting near adjacent structures, utilities, groundwater
wells and property lines, production blasting should start as far as possible
from the existing facilities, so that blast vibrations and bedrock geology
can be evaluated as blasting approaches the existing features.
(8)
Postblast surveys of the buildings and/or structures
surrounding the site should be made in the event that the owners or residents
make a specific blest related damage claim. The contractor and the design
engineer should conduct these surveys.
(9)
The postblast survey will be based on the particular
damage claim and will serve simply to confirm or deny the validity of the
damage claim. The complaint damage itself should be inspected, documented,
and photographed, if necessary, in order to make comparison reference to the
original preblast survey. The postblast survey should distinguish between
different types of cracking in structures, including cosmetic cracking and
structural cracking.
A.
All purchase, possession, transportation and use of explosives
shall be conducted under the direct control and supervision of a person duly
licensed by the State of New York pursuant to § 458 (12 NYCRR 39)
of Labor Law of the State of New York.
B.
All possession, transportation and use of explosives
shall be conducted so as not to endanger the health, safety and welfare of
persons and the protection of property and the environment.
C.
The provisions of the Industrial Code Rule 39 (12 NYCRR
39) and the National Fire Protection Association Code 495 (Explosive Materials
Code), most recent edition, are hereby adopted as the standard for all possession,
transportation, storage and use of explosives in the Village of Airmont.
D.
Whenever blasting is to be conducted within the Village of Airmont, the permit holder shall notify the Building Inspector and the Fire Inspector of the Village, in writing, at least 48 hours prior to any blasting. Such notification must specify the location and intended time of such blasting. In addition, the permit holder shall provide the Building Inspector an affidavit as specified in § 103-5D of this chapter.
E.
The storage of explosives shall be in accordance with
Industrial Code Rule 39 and NFPA Code 495. In addition, the permit holder
shall be required to provide an enclosed secure storage magazine and an on-site
security guard for any explosives stored overnight within the Village.
F.
Security inspections shall be conducted on a daily basis
of storage magazines. Any evidence of unauthorized entry, attempted unauthorized
entry or missing explosives shall be reported immediately to the Town of Ramapo
Police Department, the New York State Police and the Commissioner of the New
York State Labor Department.
G.
No person shall smoke, carry open flames, lighted objects
or other spark-producing devices in or within 50 feet of any magazine containing
explosives nor within 50 feet of any other explosives.
H.
Signs shall be posted on magazines indicating the type
of explosives contained therein and "No Smoking or Open Flame" signs shall
be posted on and around magazines to restrict such activity within 50 feet
of said magazine.
I.
24 hours prior to any blasting operations on any property
within the Village, the permit holder shall post signs on all roadways providing
access to said property. Signs shall be posted at all intersections, roadways
and access to all properties within 600 feet of the blast site. Said signs
shall include the date and approximate time of each proposed blast.
J.
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
Village of Airmont unless a warning air blast is given to give proper warning
thereof at least three minutes in advance of firing and two warning air blasts
are given at the conclusion of the blasting operation.
Any person aggrieved by an action of the Building inspector In approving
or disapproving an application before his/her under this chapter may take
an appeal therefrom to the Board of Appeals of the Village of Airmont.
The Town of Ramapo Police Department or other agency or department having
police jurisdiction within the Village, the Building Inspector or the Fire
Inspector of the Village shall have the power, right and authority to issue
an appearance ticket, as same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any section of this chapter.
The Building Inspector may, on his or her own initiative, revoke or modify
a permit issued pursuant to this chapter where it appears that the permit
holder has violated any local, state or federal rule or regulations, including
but not limited to a false statement or representation on the application
for a blasting permit or violation of any applicable safety standard or where
the Building Inspector determines that public safety has been compromised.
Any person committing a violation of this chapter shall be guilty of
a violation punishable by a fine not to exceed $5,000. The continuation of
an offense against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate offense against the provisions of
this chapter. The application of the above penalty shall not be held to prevent
the enforced removal of the prohibited conditions by any other means available
to the Village Board of the Village of Airmont.
