[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 2-5-1998 by L.L. No. 1-1998. Amendments
noted where applicable.]
The purpose of this chapter is to establish
safeguards to protect human health, safety and welfare, as well as
property, by establishing reasonable regulations governing the possession
and use of explosive materials and to ensure that the possession and
use of explosive materials does not result in physical injury or property
damage.
A.Â
This chapter shall apply to each and every person,
corporation and business engaged in the manufacture, sale, transportation,
storage, handling or use of explosives in the Village. This chapter
sets forth authority for the Building Inspector to establish procedures
and standards for the issuance of permits, payment of fees, recordkeeping,
reporting and monitoring compliance. In addition, this chapter establishes
penalties for the failure to comply with these requirements.
B.Â
Standards established by the Building Inspector shall
be based upon generally recognized criteria and accepted industry
standards. See New York State Labor Law, Article 16; 12 NYCRR Part
39; NFPA No. 495-1973; 27 CFR 55; 49 CFR 171 through 178; and 49 CFT
390 through 397 for other additional standards that may be applicable.
A.Â
The provisions of this chapter shall not apply to
the following:
(1)Â
The military forces of the United States or its allies,
the duly authorized militia of any state or any Police Force or Fire
Department, provided that the same are acting in their official capacity
and in the performance of their public duties.
(2)Â
The transportation of explosives in interstate or
intrastate commerce regulated by the United States Department of Transportation
or the New York State Department of Labor.
(3)Â
Model rocketry.
(4)Â
Employee safety regulated under the Occupational Safety
and Health Act, 29 U.S.C. § 631 et seq.
(5)Â
Fireworks subject to regulation under Penal Law §§ 270.00
and 405.00.
(6)Â
Small arms ammunition, including smokeless or black
powder when possessed for noncommercial purposes in quantities of
five pounds or less.
(7)Â
Pharmaceutical uses as formulated and prescribed by
the official United States Pharmacopeia, USPC-1980, 20th Edition.
B.Â
Where an individual makes a written application to
the Building Inspector for an exemption, the Building Inspector may
grant an exemption where it is evident that compliance would cause
an undue hardship and that public safety would not be compromised
by granting relief. Any exemption granted under this section must
be as limited in scope and duration as possible, balancing the hardship
caused by compliance versus the potential danger and threat to public
safety of granting relief. If the Building Inspector grants an exemption
under this section, he/she shall immediately notify the Village Manager
of his/her decision and within five business days notify the Village
Board stating the facts, the nature of the exemption and the underlying
rationale.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
A person who holds a valid permit to perform blasting operations.
The fracture of any heavy mass by detonation of explosive
materials.
Any material or mixture consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified an explosive, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
A mat of woven steel wire, tires or other suitable material
or construction to cover blast holes for the purpose of preventing
fly rock missiles.
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It means also
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
Any device containing a detonating charge, that term includes,
but is not limited to, electric blasting caps of instantaneous and
delay types, blasting caps for use with safety fuses, detonating-cord
delay connectors and nonelectric instantaneous or delay blasting caps.
Any chemical compound or mixture that is commonly
used or intended for the purpose of producing an explosion that contains
any oxidizing and combustible materials or other ingredients, in such
proportions, quantities or packing that an ignition by fire, by friction,
by concussion or by detonation of any part of the compound or mixture
may cause such a sudden generation of highly heated gases that the
resultant gaseous pressure is capable of producing destructive effects
on contiguous objects.
The term "explosive," except as specifically
stated herein, does not include:
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
Rock propelled from the blast area by the forces of an explosion.
An explosive material charge that fails to detonate after
an attempt at initiation.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
Written authorization issued by the Village or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
A flow of electricity outside the conductor which normally
carries it.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
No person shall manufacture, sell, possess,
store, use or detonate explosives within the Village unless a permit
has been issued by the Building Inspector in accordance with the procedures
and standards set forth by the Building Inspector in accordance with
this chapter.
A.Â
Inspection. Because of the compelling and overriding
public safety issues involved in the handling and use of explosives,
the Building Inspector or his/her designee may inspect any vehicle,
structure, dwelling, construction site, workplace or other area where
explosives are manufactured, sold, possessed, stored or used within
the Village for the limited purpose of ascertaining and verifying
compliance with the chapter.
B.Â
Permit revocation. The Building Inspector may revoke
or modify a permit issued pursuant to the procedures and standards
set forth by the Building Inspector where it appears the permit holder
has violated any local, state or federal rule 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 determines that public safety has
been compromised. The Building Inspector may modify or revoke a permit
by notifying the permit holder or his/her representative, orally or
in writing, 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 working days after revocation,
setting forth the reasons the permit was revoked. The notice of revocation
shall include a statement informing the permit holder of his/her right
to appeal such revocation by filing a notice of appeal with the Village
Clerk within 20 working days. Where a permit is modified, the Building
Inspector shall give the permit holder written notice of modifications.
C.Â
Appeals. A permit holder who has had his/her permit
revoked or modified by the Building Inspector may appeal and seek
relief from the modifications or reinstatement of the permit. An appeal
pursuant to this section shall be heard by the Village Manager. 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 appear and present
evidence why the permit should not be modified or revoked. The Village
Manager may sustain the Building Inspector's decision to revoke a
permit, reinstate any permit or amend any modifications imposed by
the Building Inspector. Where the Village Manager reinstates a permit,
the Village Manager may amend the permit by adding whatever terms
and conditions he/she deems necessary to protect public health, safety
and welfare. The decision of the Village Manager shall be final.
Blasting may be conducted when authorized by
permit Monday through Friday between the hours of 9:00 a.m. and 5:00
p.m. Blasting is prohibited Saturdays, Sundays and legal holidays.
The Building Inspector shall promulgate explosive
and blasting regulations and standards deemed necessary or desirable
to protect public health, safety and welfare. A copy of all such regulations
and standards promulgated under this section are to be provided with
each application for a permit.
A.Â
Any person, including any owner or agent or corporation,
who shall violate any of the provisions of this chapter or fail to
comply with any provision shall, following conviction, be guilty of
a misdemeanor.
B.Â
The first violation shall be punishable by a fine
not to exceed $2,500.
C.Â
A second and each subsequent offense shall be punishable
by a fine not to exceed $5,000 and subject to a period of incarceration
not to exceed 20 days.
D.Â
Any person, including any owner or agent or corporation
who supplies false information to the Building Inspector 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 subject to a period
of incarceration not to exceed 20 days.
E.Â
The provision of this chapter may be enforced by the
Building Inspector or his/her designee.
Article V, Explosives, Ammunition and Blasting
Agents, of Local Law No. 2-1965, adopted August 19, 1965, is hereby
repealed.
