[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont 6-5-2017 by L.L. No. 7-2017.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
107, Blasting, adopted 10-15-1962 as Ch. VII of the Revised General
Ordinances, as amended.
The purpose of this chapter is to establish minimum safeguards
to life, health, and property through reasonable and effective restrictions
relating to the possession and use of explosive materials.
A.
This chapter is adopted pursuant to § 10 of the New York
State Municipal Home Rule Law and Article 16 of the New York State
Labor Law, as such laws are amended from time to time. To the extent
that those state laws and the rules and regulations adopted pursuant
thereto, as amended from time to time, set more restrictive minimum
standards, such minimum standards shall supersede any inconsistent
provisions contained in this chapter.
B.
The issuance of any permit hereunder shall in no matter be construed
as an approval of, waiver of, or compliance with any additional federal,
state, or local requirements.
A.
This chapter shall apply to every person engaged in the manufacture,
ownership, possession, storage, use, handling, transportation, purchase,
sale, or gift of explosives within the Village of Larchmont.
B.
This chapter shall not apply to the following:
(1)
The armed forces of the United States, the National Guard, the State
Guard, and duly constituted police and firefighting forces of the
state and its civil and political subdivisions, provided that the
same is acting in its official capacity and in the performance of
its public duties.
(2)
The transportation of explosives in interstate or intrastate commerce
in compliance with federal law or regulations.
(3)
The authorized use (public display) of pyrotechnics, commonly known
as "fireworks," including but not limited to ground displays, aerial
displays, aerial bombs, and other signaling devices such as flares.
C.
For all purposes of this chapter, explosives in the possession of
an employee within the scope of his or her duties shall be considered
to be in the possession of the employer.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive.
A natural person selected and directed by an employer or
the employer's authorized agent to be in charge of blast operations
who is at least 21 years of age; who has training, knowledge and experience
in the transportation, storage, handling, use, detonation, and destruction
of explosives; who is in adequate physical condition to perform the
work of blasting; who is not addicted to the use of narcotics, intoxicants,
or similar types of drugs; who is able to understand and give written
and verbal orders in the English language; and to whom a license and/or
certificate of competence has been issued as required by New York
State law and regulations.
The fracture of any mass by detonation of explosive materials.
Includes pre-blasting preparatory work on property on which
blasting is to occur, and all times explosives are located on such
property, including blasting and pre- and post-blasting activity.
A permit issued under this chapter.
The person appointed to be the Village's Building Inspector
and his/her designee.
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, detonators, pyrotechnics, and other detonating
agents, fireworks and dangerous fireworks as defined in the New York
State Penal Law, smokeless powder, and any chemical compound or any
mechanical mixture containing any oxidizing and combustible units,
or other ingredients in such proportions, quantities, or packing that
ignition by fire, friction, concussion, percussion, or detonation
of any part thereof may cause and is intended to cause an explosion,
but shall not include gasoline, kerosene, naphtha, turpentine, benzene,
acetone, ethyl ether, benzol, or quantities of black powder not exceeding
five pounds for use in the firing of antique firearms or artifacts
or replicas thereof. Fixed ammunition and primers for small arms,
pyrotechnic devices that are designed for and being used for legitimate
wildlife management or controls, safety fuses, and matches shall not
be deemed to be explosives when, as provided by regulations, the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, or of such nature and so packed, that it is
impossible to produce an explosion of such units to the injury of
life, limb, or property.
Any building, structure, or other enclosure or container,
other than an explosive manufacturing building, used to store explosives,
including portable containers.
Includes any natural person, partnership, association, corporation,
or other business entity.
The person appointed to be the Village Engineer or any consultant
retained by the Village to perform engineering services for the Village,
and his/her/their designees.
A.
No person shall use or detonate explosives within the Village of
Larchmont unless that person is licensed or has received a certificate
of competence required by New York State law and regulations and unless
a permit has been issued pursuant to this chapter.
B.
Permit to use or detonate. An application for a permit to use or
detonate explosives shall require, at a minimum, the following information:
(1)
The name of the owner of the property upon which the detonation of
explosives is intended to occur.
(2)
The applicant's full name and address. If the applicant is a
business entity, the name of each officer shall be separately stated.
If the applicant is an out-of-state business entity, the applicant
must submit proof of filing with the State of New York Secretary of
State to do business within New York. No permit may be issued unless
the applicant is authorized to do business in New York.
(3)
The name, address, and telephone number of the blaster(s), and evidence
that such blaster(s) is/are duly licensed pursuant to the New York
State Labor Law and corresponding rules and regulations.
(4)
The precise location of the intended detonation of explosives, the
size of charges intended to be detonated, the proposed schedule for
detonation of explosives, the proposed method(s) of covering the material
to be blasted before firing the blast, a description of the pre-blast
warning/all-clear signals, and a description of dust control measures.
Where more than one blast is anticipated, the applicant shall state
how many separate blasts are expected and the approximate duration
blasting activity will occur.
(5)
The name of the applicant's designated on-site representative(s)
who will be present at the location during all blasting and authorized
to act on behalf of the applicant for all administrative purposes.
(6)
Proof of insurance and bonds required as set forth in this chapter.
(7)
An emergency contact list to be kept on site during all blasting
operations.
C.
Based on the application, the Building Inspector shall estimate the
cost of monitoring compliance with this chapter, including any consultant
fees, and furnish such estimate, together with a basis for his calculation,
to the applicant. Before any permit is issued, the estimated cost
of inspection services shall be deposited with the Village, held in
escrow, and applied to reimburse the Village for costs and expenses
actually incurred in connection with administering compliance with
this chapter. Where the estimated amount deposited is insufficient
to cover the Village's costs, the property owner shall be responsible
for any balance due. Where the estimated amount deposited with the
Village exceeds the costs incurred, the balance shall be refunded.
D.
The application for a permit to use explosives shall be signed by
the applicant and all blasters, who shall acknowledge under the penalties
of perjury that all information provided in the application or in
support of the application is true and correct. Each blaster shall
also sign an acknowledgment under the penalties of perjury that he/she
has read the entire application, that in his/her opinion the blasting
at the particular location can be conducted safely, without unreasonable
risk, and that the person's state license is valid, that he/she
is fully authorized to conduct the type of activity set forth in the
application, and that he/she agrees to abide by all federal, state,
and local safety standards.
E.
During consideration of the permit application, the Building Inspector
may require any additional information deemed necessary to protect
the health, safety, and welfare of the community or to prevent property
damage. The failure of an applicant to provide such information shall
be grounds to deny an application.
F.
The Building Inspector may add to any permit issued under this chapter
additional terms and conditions deemed necessary to protect public
health, safety, and welfare.
G.
Each applicant shall pay a blasting permit application fee to the
Village, such fee to be fixed by the Village Board from time to time.
H.
A blasting permit shall be effective for a specific project and specific
period of time. The Building Inspector shall have sole discretion
to set the term of any blasting permit unless otherwise approved or
limited by a Village board or commission.
I.
Expiration, revocation, or cancellation of the state license or certificate
of competency of the permit holder or any blaster identified in the
permit application shall automatically void any permit issued under
this chapter.
J.
Blasting permits may not be transferred or assigned.
K.
All blasting permit applications must be submitted no later than
four weeks in advance of any blasting.
A.
Before any blasting permit may be issued, the applicant shall submit
adequate proof of insurance that the applicant maintains policies
of insurance with types of coverage and policy limits specified herein
written by companies authorized to issue insurance within the State
of New York and that have an A.M. Best Company rating of A- or better.
Policies shall be written so as to require that the policy will not
be canceled, materially changed, or permitted to expire or lapse for
any reason except upon 30 days' prior written notice to the Village
by certified mail, return receipt requested, and the Village agrees
to such change.
B.
Additional insureds. All insurance policies required by this chapter,
except workers' compensation, shall be endorsed to provide coverage
to the Village of Larchmont, its officers, employees, agents, and
volunteers, and any consultants consulting with the Village on the
blasting operations and their officers, employees, and agents with
respect to any claim arising from the blasting operations or as a
result of the applicants' activities.
C.
Insurance requirements. The applicant shall maintain the following
types of insurance and minimum policy limits:
(1)
New York State workers' compensation insurance with statutory
limits and employers' liability (coverage B) limits of $2,000,000
per occurrence.
(2)
New York State Disability Insurance with statutory limits.
(3)
Commercial general liability insurance. The applicant shall maintain
an occurrence form commercial general liability policy or policies
insuring against liability arising from premises (including loss of
use thereof), personal injury or death, or property damage in any
way related to the blasting operations, including liability arising
from handling or using explosives and conducting blasting activity.
Such coverage shall be in an amount of not less than $10,000,000 per
occurrence and not less than $20,000,000 aggregate. The policy shall
include explosion, collapse, and underground hazards coverage (XCU),
premises operations, products liability/completed operations, and
independent contractor coverages. In addition, the policy shall include
a contractual liability endorsement covering the risks and indemnities
the applicant has assumed by applying for the blasting permit and
pursuant to this chapter. The commercial general liability insurance
shall not contain any of the following exclusions:
(4)
Commercial automobile insurance, including liability and required
coverage for New York insuring against liability for bodily injury,
death, or damage to property and other mandatory coverages, relating
to the use, operation, loading, or unloading of any of the applicant's
automobiles (including owned, hired, and nonowned vehicles). Coverage
shall be in an amount of not less than $10,000,000 each accident.
(5)
Umbrella or excess liability insurance. The applicant shall maintain
an occurrence form umbrella liability policy or policies insuring
against liability arising from premises (including loss of use thereof),
operations, independent contractors, products-completed operations,
liability under an insured contract (including the tort liability
of another assumed in a business contract) and personal injury or
death occurring on or in any way related to the premises or occasioned
by reason of the operations of the permit holder or arising from automobile
liability as described above. In the event that umbrella coverage
is unavailable, equivalent excess coverage may be submitted. The minimum
required limits for the umbrella/excess coverage shall be sufficient
to provide a total of not less than $10,000,000 per occurrence/aggregate.
D.
In the event that any of the blasting operations are to be performed
by a subcontractor, the insurance requirements herein shall be incorporated
into the subcontractor agreement. Subcontractor insurance requirements
shall include the requirements for workers' compensation, commercial
general liability, and, if applicable, commercial automobile. Excess
or umbrella insurance is not required for subcontractors. The applicant
shall require that certificates of insurance are provided to the Village
documenting the insurance coverage for each and every subcontractor
employed by it to perform blasting activities.
E.
The applicant shall furnish a notarized statement agreeing to defend
and indemnify the Village, its officers, employees, agents, and volunteers,
and any consultants consulting with the Village on the blasting operations,
and hold them harmless from any and all claims, actions, and proceedings
brought by any person or entity for any injury to any persons or property
resulting, directly or indirectly, from the applicant using, storing,
handling, transporting, or manufacturing explosives or explosive material
or conducting blasting activity, and stating that the applicant will
defend and indemnify the same against any claim, action, and proceedings
brought by any third parties as a result of operating under a blasting
permit. No blasting permit shall be issued unless such statement is
furnished.
F.
The applicant shall be accompanied by a good and sufficient bond
in the amount of $5,000,000, approved by the Village Attorney, conditioned
for holding the Village harmless from any and all injuries or damages
arising or occurring directly or indirectly by reason of storage,
transportation, manufacturing, handling, or use of explosives. Notwithstanding
the foregoing, the amount of such bond may be reduced per approval
of the Village Engineer and Village Attorney. The Village reserves
the right to require the applicant to submit a restoration bond intended
for the protection of Village-owned infrastructure located within
the blast zone or within an area beyond the blast zone as determined
by the Village Engineer. The amount of such bond shall be based upon
a cost estimate prepared by the applicant and accepted by the Village
Engineer for the restoration or reconstruction of identified infrastructure.
A.
Before any blasting operations may begin and even if a blasting permit
has been issued, the permit holder shall cause to be made an in-depth
inspection of all homes, structures, and facilities within a minimum
distance of 300 feet of the center line of the site (e.g., gravity
sewers) to note and record the interior and exterior condition, including
foundation walls, sidewalks, pools, and the like. The Village Engineer
may increase such distance if reasonably required on case-by-case
basis. The inspection shall be conducted by an independent firm experienced
in this type of work, and such independent firm shall prepare a report
of such conditions, and such report shall be submitted to the Building
Inspector before any blasting may begin.
B.
Should it be determined by the Building Inspector or Village Engineer that an inspection and report on the condition of any structure in any location beyond the area specified in § 107-7A but within the proximity of the blast site is required, the Building Inspector or Village Engineer shall advise the permit holder of this requirement, and the permit holder shall have such inspection conducted, and a report shall be submitted to the Building Inspector before any blasting may begin.
C.
The permit holder shall provide continuous blast monitoring during
blast operations. Blast monitoring shall be performed by a qualified
independent firm at the permit holder's expense.
In addition to storage requirements set forth by federal, state,
and local laws and regulations, the following provisions shall apply
to the storage of explosives for blasting within the Village:
A.
Explosives for blasting shall be kept in a magazine that complies
with all federal and state laws and regulations, is painted red, and
is marked "DANGER."
B.
Explosives shall not be placed or stored in a magazine containing
blasting caps, detonators, or electric fuses. These shall be kept
in a separate magazine that is painted red and is marked "DANGER."
C.
Magazines shall be secured with tamper-proof locks. Nonportable magazines
shall be completely fenced in, including the top, and warning signs
shall be affixed to such fence.
D.
Explosives shall be stored on site only for the minimum duration
necessary to allow for pre-blast preparation, detonation, and cleanup.
In no case shall explosives remain stored on site for longer than
48 hours before or following the completion of blasting operations.
A.
Blasting operations may not commence at any location within the Village
unless a written permit has first been obtained from the Building
Inspector authorizing blasting at the specific location and the Building
Inspector has issued written permission to proceed following compliance
with all pre-blast requirements set forth herein.
B.
Blasting operations must comply with the terms of the permit and
all applicable federal, state, and local laws and regulations.
C.
At least five business days prior to the commencement of blasting
operations, the permit holder shall request a pre-blast meeting with
the Building Inspector and Village Engineer to review and finalize
the proposed blasting plan, which must address the requirements set
forth in this chapter. No blasting operations shall be conducted unless
such pre-blast meeting has been held and the Building Inspector and
Village Engineer have reviewed the proposed blasting plan and are
satisfied that such plan is reasonable. The blasting plan shall include
the anticipated route through the Village for the delivery of any
explosives. In the event of any proposed change in the satisfactory
blasting plan, the permit holder shall request in writing a review
of such proposed change, and blasting operations may not commence
or continue unless and until such review occurs and the change is
confirmed as reasonable.
D.
The Building Inspector and Village Engineer shall be permitted access
to observe all aspects of the blasting operations, including but not
limited to observation of all pre-blast preparatory site work, the
explosion/detonation, and access to the post-blast site.
E.
Each blasting permit holder shall establish and delineate a blast
zone prior to detonating a blast. The blast zone must be clearly marked
and adequate precautions implemented to prevent unauthorized entry
into the area.
F.
Notwithstanding any other regulations, no blasting operations shall
be performed in such manner or under such circumstances as to eject
debris into the air so as to constitute a hazard or danger or do harm
or damage to persons or property. Immediately after loading and tamping
the hole or open cut, but before firing the blast, the material to
be blasted shall, using good practices, be properly covered or screened
by a buffer of sufficient mass to prevent, with a margin of safety,
the ejection of any material capable of causing any injury or damage.
After the material has thus been covered, the blast shall be fired
without unnecessary delay.
G.
No person shall use a quantity of explosives greater than necessary
to break or move the target material or use an amount of explosives
that poses a risk of injury to persons or damage to property.
H.
Unless otherwise permitted by the Building Inspector or Village Engineer,
all holes drilled or otherwise excavated for holding an explosive
shall be at least six feet deep. If, however, the permit holder or
blaster can demonstrate a need to use a hole less than six feet deep
and that such cavity will not endanger public safety, the Building
Inspector or Village Engineer may, in his/her discretion, authorize
the use of blast holes less than six feet deep.
I.
The permit holder and blaster shall plan each blast and take every
precaution in loading, delaying, initiation, confinement, and stemming
to control the throw of rock fragments and debris and limit ground
vibrations and the effect of air concussions to the greatest extent
possible. When blasting operations are to be conducted within 50 feet
of a property line and the adjacent property owner is not a party
to the blasting operations, the permit holder and blaster shall take
all precautions practicable, using any combination of recognized methods,
to control blasting effects to the greatest degree possible.
J.
Ground blast and air standards. Peak particle velocity and overpressure
produced by any blast at a distance measured by the distance from
the blast to the closest structure or building not owned or used by
the entity conducting the blast shall not exceed 0.75 inch per second
for frequencies less than 40 hertz (Hz) or 2.0 inches per second for
frequencies of 40 hertz (Hz) or more. In addition, air pressure emanating
from such blast shall not exceed 131 decibels (dB) for high-pass filter
of 0.1 hertz (Hz), or 128 decibels (dB) for a high-pass filter of
2 hertz (Hz), or 125 decibels (dB) for a high-pass filter of 6 hertz
(Hz).
(1)
Notwithstanding the foregoing, the Building Inspector or Village
Engineer must reduce the maximum allowable ground blast and air standards
specified in this section if determined necessary to provide damage
protection
K.
Blasting located within 25 feet of pipelines or adjoining structures
shall require the express written approval from the Building Inspector
or Village Engineer.
L.
All pipelines and structures exposed during excavation shall be adequately
protected from damage before proceeding with blasting.
M.
The permit holder's representative identified in the permit
application shall be on site during all blasting operations.
N.
Dust control. The permit holder shall implement measures to limit
the emission and migration of dust generated by the blasting operations,
including the drilling of holes and immediately following detonation
of explosives. All dust control measures, including but not limited
to water hoses intended for wetting the blasting site, shall be staged
and ready for deployment prior to detonation.
O.
Traffic control. The permit holder shall implement measures for the
maintenance and protection of traffic during blasting operations,
especially detonation. The permit holder shall work with the Village's
Police Department to close temporarily public roads, including sidewalks,
both abutting the property on which the blasting is to occur and within
the blast zone, and any other public property as designated by the
Building Inspector or Village Engineer, immediately prior to, during,
and following the completion of explosives detonation. Public roads,
including sidewalks, and any public property so designated shall not
be reopened until confirmation that they are safe for vehicular and
pedestrian traffic and travel. The permit holder shall notify the
Village's Police Department of such temporary closures no sooner
than 24 hours prior to the planned blasting detonation.
P.
Personal protective equipment. All natural persons shall possess
and wear appropriate personal protective equipment recommended or
required by federal, state, or local law or regulation during all
blasting operations.
Q.
Day and time restrictions. Detonation of explosives shall only be permitted to occur on days and during the times during which mechanical rock excavation is permitted to occur as specified within the Village's Zoning Law, specifically § 381-44 of Village Code.
R.
The permit holder shall comply with all soil moving operations requirements set forth in § 381-42B(3) even where a soil moving permit is not required, unless waived in whole or in part in writing by the Building Inspector or Village Engineer.
A.
Written notice of intent to blast; posting of notice by certain property
owners.
(1)
No less than 10 days nor more than 14 days prior to blasting, the
permit holder shall give written notice of the intent to blast to
all property owners, managing agents, and occupants of all structures
on property that has a lot line lying within 300 feet of any lot line
of the property on which the blast is to occur and any additional
lots as required by the Building Inspector or Village Engineer. Said
notice shall be approved by the Building Inspector and shall state
the blasting permit holder's name, the blasting permit number,
the location of the blast, the date(s) and time(s) during which blasting
is to occur, emergency telephone numbers for the police, fire, and
ambulance service, and the type of blast warning to be used, such
as a whistle, siren, or horn. Such notice shall be given by certified
or certificated mail, and an affidavit, executed by the permit holder
attesting to such mailing, along with the actual notice and list of
addressees and addresses, shall be filed with the Building Department
before blasting operations may commence.
(2)
Upon receipt of the notice specified in § 107-10A(1) above, all property owners and managing agents shall immediately distribute a copy of such notice to tenants and, except for one-family dwellings, post such notice in conspicuous place(s) where it is reasonable to believe that persons entering or leaving the premises will see such notice.
B.
Posting of intent to blast on the subject property. No less than
10 days prior to blasting, the permit holder shall post a sign on
the property where blasting is to occur, in the form prescribed by
the Building Department, stating the date(s) and time(s) during which
such operations will occur. Such sign shall be placed in a location
plainly visible from the most commonly traveled street upon which
the property fronts, but in no case more than 20 feet back from the
front lot line. Such sign shall be appropriately revised as necessary.
An affidavit attesting to such posting shall be filed with the Building
Department before blasting operations may commence.
C.
Blast warnings.
(1)
The blasting contractor shall notify all occupants of all houses
within 300 feet of the blast zone on the morning of each day when
blasting is to be done and shall notify the occupants of all houses
within 150 feet of the blast zone immediately before each blast is
fired.
(2)
The blasting permit holder shall notify the Village's Building
Inspector, Village Engineer, Police Department, and Fire Department
of an impending blast by at least two hours, but not more than 12
hours, prior to the time each blast is scheduled.
(3)
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 a reasonable distance and not less than 150 feet from
the blast zone at each avenue of approach, by sounding a recognized
and loud whistle, siren, or horn and by calling out the words "a blast"
several times repeated and loud enough to be heard at a distance of
300 feet from blast zone. In addition, the whistle, siren, or horn
shall be sounded again 30 seconds prior to blasting.
A.
A record of each blast shall be kept on a form approved by the Building
Inspector. All such records shall be retained by the permit holder
and blaster as prescribed by state law and made available for inspection
as a matter of public record.
(1)
The permit holder shall record the following information for each
blast and submit a true copy of such record to the Building Inspector
at the end of each day:
(a)
The name and license number of the blaster.
(b)
The location of the blast.
(c)
The date and time of each blast.
(d)
The number of blasts.
(e)
The number, diameter, and depth of each hole and distance between
holes.
(f)
The burden depth.
(g)
The stemming length.
(h)
The make and type of explosive.
(i)
The delay make, number, and period.
(j)
The weather conditions, including temperature, wind direction,
and speed.
(2)
The permit holder shall record the following seismograph information
for each blast and submit a true copy of such record to the Building
Inspector at the end of each day:
(a)
The seismograph serial number.
(b)
The range/gain setting.
(c)
The date of last shake table calibration and microphone calibration.
(d)
The air channel low-frequency limit.
(e)
The exact seismograph location, and location in relation to
the blast.
(f)
The peak over pressure readout.
(g)
The peak particle velocity readout.
(h)
The name of the operator.
Every applicant seeking a permit under this chapter, as well
as the owner of the property upon which such applicant intends to
detonate explosives, is deemed to consent to the presence of the Building
Inspector and the Village Engineer on the blasting site for the purpose
of inspecting or monitoring the handling, storage, and detonation
of explosives.
A.
In the event of personal injury or property damage caused by the
use of explosives within the Village, the permit holder shall immediately
notify the Building Inspector that an accident has occurred, and no
further blasting shall be conducted until the Building Inspector has
had an opportunity to review the accident report and the permit. Any
injury, accident, or misfire involving explosives shall be recorded,
and a full written report shall be attached to the blast report filed
with the Building Inspector, including the names of all participants
and witnesses and remedial action taken. The Building Inspector may
require such additional, specific information from the blaster as
he/she deems necessary and appropriate to ensure public health and
safety.
B.
Every incident of personal injury or property damage caused by the
use of explosives within the Village shall be regarded as presumptive
evidence of negligence on the part of the blaster concerned with the
use of such explosives, and the blasting permit shall be revoked,
unless it shall appear at a subsequent hearing that the accident occurred
despite the observance of all proper precautions in the handling of
such explosive, and pending such hearing, such permit shall be suspended.
C.
Any damage to existing pipes, facilities, or structures shall be
repaired or rebuilt at the blasting contractor's sole expense,
and failure to do so may result in calling of the bonds required herein.
D.
Whenever, in the opinion of the Village Engineer, blasting may damage
adjacent rock, pipes, facilities, or structures, blasting shall be
discontinued and the material removed by another method approved by
the Village Engineer and in compliance with Village Code.
A.
The Building Inspector may, on his/her own initiative or at the request
of any other official, revoke or modify a permit issued pursuant to
this chapter where it appears the permit holder has violated any federal,
state, or local law or regulation, 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 or Village Engineer determines that public safety
has been compromised. The Building Inspector may modify or revoke
a permit by notifying in writing the permit holder or his/her/its
representative that the permit has been modified or revoked. Where
a permit has been revoked, the Building Inspector shall send a written
notice of revocation to the permit holder by first-class mail without
unnecessary delay, but not later than five business days after revocation,
setting forth the reasons the permit was revoked. The notice of revocation
shall include a statement informing the permit holder of the right
to appeal such revocation by filing a notice of appeal with the Village
Clerk within 20 business days. Where a permit is modified, the Building
Inspector shall give the permit holder written notice of the modifications.
In the event of an incident of personal injury or property damage
leading to revocation, the blasting permit shall not be reissued or
renewed except upon delivery to the Building Inspector of a new and
additional bond that meets the requisite terms herein, and the Building
Inspector may amend the blasting permit by adding whatever additional
restrictions are deemed necessary to ensure public health and safety
is maintained and another similar accident does not reoccur.
B.
Appeals. A permit holder who has had his permit revoked or modified
may appeal and seek relief from the modifications or reinstatement
of the permit. An appeal pursuant to this section shall be heard by
the Chief of Police, the Village Engineer, and the Fire Chief, or
any of their designees, sitting as a Board of Appeals. The Building
Inspector shall appear and state his/her findings and the reasons
for revoking or modifying the permit. The permit holder and/or the
blaster shall be offered the opportunity to appeal and present evidence
why the permit should not be modified or revoked. The Appeal Board
may sustain the Building Inspector's decision, may reinstate
a permit, or may amend any modifications imposed by the Building Inspector.
Where the Appeals Board reinstates a permit, the Board may modify
the permit by adding whatever terms and conditions it deems necessary
to protect public health, safety, welfare, and property. The decision
of the appeal panel shall be final.
A.
In addition to any penalty prescribed by federal or state law or
regulation, any person who violates or fails to comply with any provision
of this chapter shall, following conviction, be guilty of a misdemeanor.
B.
The first violation of this chapter shall be punishable by a fine
not to exceed $2,500 and imprisonment for not more than 10 days.
C.
The second and subsequent offenses shall be punishable by a fine
not to exceed $5,000 and imprisonment for not more than 20 days.
D.
Any person who supplies false information to the Village in support
of a blasting permit shall, upon conviction, be guilty of a misdemeanor
and subject to a fine not to exceed $5,000 and imprisonment for not
more than 20 days.
E.
Each violation shall be a separate and distinct offense, and in the
case of continuing violation, each day a violation continues shall
constitute a separate violation and shall be punishable as such.
If any section, subsection, clause, phrase, or other portion
of this chapter is, for any reason, declared invalid, in whole or
in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
