Township of Long Beach, NJ Air Pollution Health Hazards

[1]

Editor's Note: This ordinance originally adopted these provisions as §§ 105-7 through 105-9, but said sections were redesignated as §§ 105-8 through 105-10 (§ 105-7, Violations and penalties, was already included in Article I).

Medical and scientific evidence indicates that dust generated by cutting of masonry substance, be it pavers, bricks, concrete block, stone or other hard material, as well as dust generated by the sanding of fiberglass decks and the diffusion into the atmosphere of bleach where bleach is used by contractors power-washing buildings is detrimental to the health of persons who come in contact with the substances so generated.

Health hazards induced by breathing air pollutants as hereinabove described in Subsection A may include lung cancer, heart disease, respiratory infection, decreased respiratory function and broncho-constriction and broncho-spasm.

The Township of Long Beach has determined that the public health of the residents and the visitors of the Township of Long Beach will be promoted by eliminating exposure of its citizens to the pollution as hereinabove described in Subsection A.

[Amended 6-17-2005 by Ord. No. 05-17C]

Any person, firm, corporation or other legal entity engaged in cutting any stone or masonry products, including, without limitation, brick pavers, bricks, concrete blocks and stone, shall perform such cutting only by using water-dampened cuffing disks or water-dampened cutting saws to control as much as may be practicable the dispersion of dust generated by such cutting; and any person, firm, corporation or other legal entity sanding any fiberglass product or fiberglass deck shall do so only with a sander equipped with a vacuum-type bag to capture to the greatest extent possible the particles of ground fiberglass generated by the cutting or sanding operation; and any person, firm, corporation or other legal entity utilizing bleach when power-washing any building, deck, patio, walkway, driveway or vessel or any other object in the Township of Long Beach shall do so in such a way and in such a manner that airborne mist generated by the power-washing operation, which mist may contain bleach, shall not be permitted to drift onto any adjoining property but shall be contained on the site where the power-washing operation is being conducted.

Any person, firm, corporation or other legal entity which violates any provision of this article shall be subject to a civil penalty for each offense of not more than $2,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional and separate distinct offense.

[Amended 3-2-2015 by Ord. No. 15-05C]

Before any person, firm, corporation or other legal entity shall engage in cutting any stone or masonry products as hereinabove described, or engage in sanding any fiberglass product or fiberglass deck as hereinabove described, or utilizing bleach when power-washing any building, deck, patio, walkway, driveway, vessel or any other object as hereinabove described, such person, firm, corporation or other legal entity shall secure a permit from the Building Department of Long Beach Township after first completing an application on a form prescribed by said Building Department.

(1)

The application called for above shall be separate, apart and in addition to the application required pursuant to § 205-56B(2)(b) of the Code of the Township of Long Beach.

Any person, firm, corporation or other legal entity intending to demolish or permanently remove all or a substantial portion of any residential or commercial structure, building or other related improvement shall be permitted to perform such activity, provided such person, firm, corporation or other legal entity utilizes the necessary water-dampening techniques to ensure that dust, debris, particles or other airborne substances are kept to a minimum during the site-clearing activity by means of wetting the site or other approved methods. Any person, firm, corporation or other legal entity shall be required to wash down all existing sidewalks and roadways on or off the site daily and after work is complete.

[Added 6-21-2013 by Ord. No. 13-21C]

(1)

The Building Department application associated with the demolition of any residential or commercial structure, building or related improvement shall provide, inter alia, for a certification, signed by the person, firm, corporation or other legal entity securing the permit, that the signator thereto shall be personally responsible and liable to supervise the work to be conducted pursuant to the permit to see to it that all of the work complies with the requirements of this section and that, for a failure of any employee or employees of that person, firm, corporation or other legal entity to abide by the requirements herein set forth in § 105-10, the signatory and any employee or employees shall be subject to the penalties provided in Subsection B above.

[Amended 3-2-2015 by Ord. No. 15-05C]

The Township designates, charges and authorizes the Director of the Long Beach Township Construction Inspection Department or the Construction Official, Code Enforcement Officer and any other public officer(s) that may be designated by resolution of the Board of Commissioners of Long Beach Township to carry out the provisions of this article.

[Added 3-2-2015 by Ord. No. 15-05C]