The Town Board, upon recommendation of the Council of the Fire Department, may from time to time specify any materials, processes or occupations and trades which shall require permits. A list of such materials, processes or occupations and trades shall be posted in a conspicuous place in the office of the Town Clerk and in the office of the Chief of the Fire Department, and the Chief of the Fire Department shall maintain in his office details and descriptive drawings showing approved and expert methods of sorting, handling and protecting such materials as shall be deemed to require a permit.
All applications for permits required by this Part 1 shall be made to the Chief of the Fire Department in such form and detail as the Town Board shall prescribe.
Before permits may be issued, an inspection shall be made of the receptacles, vehicles, buildings or storage places to be used, and use thereof shall be approved by the Chief of the Fire Department.
Every permit granted by the Chief of the Fire Department under the provisions of this Part 1 shall be for such period as the Chief of the Fire Department may determine, not to exceed one year. Such permit shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Departments.
The intent of this Part 1 is to safeguard and restrict the storage, handling and use of dangerous and hazardous materials to a reasonable degree with respect to injury to persons and destruction or damage to property. The Chief of the Fire Department shall maintain a public file of the regulations of the NFPA, which shall be deemed as advisory requirements to this Part 1, insofar as they can be applied to each particular installation for which a permit is required.
Whenever the Chief of the Fire Department shall reject or refuse to grant a permit or whenever it is claimed that the provisions of this Part 1 do not apply or whenever it is claimed that the intent and meaning of this Part 1 or any regulations have been misconstrued or wrongly interpreted and the permit applied for has been refused by the Chief of the Fire Department, any person interested may appeal from the decision of the Chief of the Fire Department, in writing, to the Town Board within 10 days from such refusal to grant such permit, and the Town Board shall, within 15 days, review such order and file its decision thereon.
One permit only shall be required by retail establishments dealing in or manufacturing plants using two or more flammable, combustible or explosive materials to be kept in the establishment at any one time.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
It is prohibited for any person to manufacture, keep, have, use, store, sell, offer for sale or give away for transport any explosives, excepting a person who has obtained a certificate or license from the Industrial Commissioner of the State of New York, pursuant to Article 16 of the Labor Law of the State of New York, and a permit to be granted by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative for transporting explosives, which permit may prescribe conditions under which explosives may be transported.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
No person, firm or corporation shall blast or carry on any blasting operations without having first obtained a permit from the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative and without having first obtained from the Industrial Commissioner of the State of New York a certificate or license for the possession, use or storage of explosives, pursuant to Article 16 of the Labor Law of the State of New York. A valid certified copy of the certificate of the blaster's competency issued by the State of New York Department of Labor for each person who will detonate explosives must be supplied to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A. 
Application for a blasting permit must be made, in duplicate, to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration in the manner and form prescribed by the Town Board. The applicant shall, together with his application, present his certificate or license issued to him by the Industrial Commissioner of the State of New York, pursuant to Article 16 of the Labor Law of the State of New York, and shall furnish any other information required in the application prescribed by the Town Board, and the application must recite the name, residence and place of business of the applicant. No permit shall be issued to any applicant except upon the filing of a bond executed by a surety company authorized to do business in the State of New York, the form of which bond is to be approved by the Counsel to the Town, and in such amount as shall be deemed adequate by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, but in no event less than set forth by resolution of the Town Board from time to time.[1] All permits, unless revoked, shall be for a term not exceeding one year from the date of issue, but the permit issued upon filing the bond and the application shall not entitle the person receiving such permit to conduct any blasting operations, except upon filing a further application indicating the nature and site where the work is to be performed and the intended location of the magazine and the quantity and kind of explosives or detonators to be kept therein, used therefrom or to be transported to and from said sites. Such supplemental or additional application or applications, as the case may be, shall be accompanied by a fee for each application as set forth by resolution of the Town Board from time to time, which fee shall be paid to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, and the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may, in his/her discretion, require a bond for an additional amount if he/she considers the bond originally filed to be inadequate.
[1]
Editor's Note: See Ch. A250, Fee Schedule.
B. 
No permit shall be issued by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration unless the applicant submits with the application a certificate of insurance issued by an insurance company authorized to do business in the State of New York and in a form acceptable to the Counsel to the Town certifying that the applicant has in full force and effect a policy of public liability insurance, including a specific endorsement covering all liabilities that might arise from blasting and providing bodily injury and wrongful death coverage of not less than $500,000 for each person injured and $2,000,000 for each accident, as well as $2,000,000 for all property damage. In addition, the applicant shall furnish the Town with a copy of a public liability and property damage policy insuring the property of the owner of the site where the blasting is to take place or the developer of such property for not less than the limits set forth above. The Building Inspector or the Director of Building Code Enforcement and Land Use Administration may, in his/her discretion, require insurance for additional amounts if he/she, in his/her sole judgment, deems the originally filed insurance to be inadequate. Additionally, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration may require the applicant to furnish the Town with a certified list of properties and/or structures inspected by the insurance company which could possibly be exposed to damage due to blasting operations in the area. This requirement must be met before the blasting operation permit is issued.
Any permit may be revoked at any time by the Board of Fire Commissioners for failure to strictly comply with all requirements of the permit.
The transfer to or the use of a permit issued hereunder by any person other than the one to whom the permit has been issued will be sufficient cause for immediate revocation thereof.
All bonds herein required shall be conditioned for the payment to the Town of Mamaroneck, in full or in part, or to any person entitled thereto of any loss, damage or injury resulting to persons or property by reason of the use, storage, sale, giving away or transportation of said explosives and for the strict and full compliance with the provisions hereof and with such other regulations pertaining to explosives as may hereafter be lawfully made and enacted.
The transportation, maintenance and guarding of any explosives or magazines under any license granted by the Chief of the Fire Department shall be subject to his orders and directions. Any person operating under a permit must be qualified in the care, handling and use of explosives.