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. 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.
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.