[HISTORY: Adopted by the Town Board of the Town of Ossining 4-27-1999
by L.L. No. 3-1999.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 89, adopted
12-11-1973 by L.L. No. 3-1973, as amended.
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.
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 Town of Ossining (the town). 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
failure to comply with these requirements.
B.
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; National Fire
Protection Association (NFPA) No. 495-1873, 27 CFR 55; 49 CFR 171 through
178; and 49 CFR 390 through 397 for other additional standards that may be
applicable.
The provisions of this chapter shall not apply to following:
A.
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.
B.
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.
C.
Model rocketry.
D.
Employee safety regulated under the Occupational Safety
and Health Act, 29 U.S.C. § 651, et seq.
Where an individual makes a written application to the Building Inspector
for an exemption from any of the requirements of this chapter, the Building
Inspector may grant an exemption where it is evident that compliance will
cause an undue hardship and that public safety will 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 Town Supervisor of his/her decision and within five
business days notify the Town 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 and not otherwise classified as 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. This 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 and that contains any oxidizing and/or
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 town 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 alteration 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 town unless a permit has been issued by the Building Inspector
in accordance with the procedures and standards established by the Building
Inspector in accordance with this chapter.
A.
Inspection. Because of the compelling and overriding
public safety issues involved in the handling and use of explosives, the Building
Inspector, the Chief of Police, or their designee, may inspect any vehicle,
structure, dwelling, construction site, workplace or other area where explosives
are manufactured, sold, possessed, stored or used within the town for the
limited purpose of ascertaining and verifying compliance with this chapter.
B.
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 that the permit holder has violated any local, state or federal rule, safety standard or regulation, including any regulation promulgated by the Building Inspector pursuant to § 89-9 of this chapter, or where such permit holder has made a false statement or representation on the application for a blasting permit or where the Building Inspector determines that public safety has been compromised. The Building Inspector may modify or revoke a permit by noting 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 Town Clerk within 20 working days. Where a permit is modified, the Building Inspector shall give the permit holder written notice of such modifications.
C.
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 Town Supervisor. 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
Town Supervisor 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 Town Supervisor reinstates a permit, he/she may amend
the permit by adding whatever terms and conditions are deemed necessary to
protect public health, safety and welfare. The decision of the Town Supervisor
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.
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 be guilty of a misdemeanor.
B.
A first violation shall be punishable by a fine not to
exceed $2,500.
C.
A second and each subsequent violation shall be punishable
by a fine not to exceed $5,000 and/or a period of incarceration not to exceed
20 days.
D.
Any person, including any owner or agent or corporation,
who supplies false information to the Building Inspector in support of a blasting
permit shall be guilty of a misdemeanor and subject to a fine not to exceed
$5,000 and/or a period of incarceration not to exceed 20 days.
E.
The provisions of this chapter may be enforced
by the Building Inspector, the Chief of Police, or their designee.
