[HISTORY: Adopted by the Board of Trustees of the Village of Dobbs Ferry 3-24-1998 by L.L. No. 3-1998; amended in its entirety 9-23-2014 by L.L. No. 7-2014. Subsequent 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 material to ensure that the possession and use of explosive materials do not result in physical injury or property damage.
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 establishes 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.
The Village, being presently governed by the provisions of Article 16 of the Labor Law of the State of New York entitled "Explosives," and being subject to such amendments and changes in said Article 16 as may hereinafter be duly enacted, hereby formally adopts, subject to the additional requirements and restrictions contained in Chapter 125, any and all rules and regulations heretofore or hereafter promulgated and adopted pursuant to statutory authority and recognized criteria and accepted industry standards relating to the possession, handling, use, storage and transportation of explosives, including but not limited to the following:
New York State Labor Law, Article 16;
Industrial Code Rule 23-11 (12 NYCRR 23-11), "Use of Explosives," as amended, effective June 1, 1972;
Industrial Code Rule 39 (12 NYCRR 39), "Possession, Handling, Storage and Transportation of Explosives," as amended, effective April 1, 1972;
NFPA 495-1973; and
27 CFR 55; 49 CFR 171 through 178 and 49 CFR 390 through 397.
The provisions of this chapter shall not apply to the following:
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.
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.
Employee safety regulated under the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.
Fireworks subject to regulation under Penal Law §§ 270 and 405.
Small arms ammunition, including smokeless or black powder when possessed for noncommercial purposes in quantities of five pounds or less.
Pharmaceutical uses as formulated and prescribed by the official United States Pharmacopeia, USPC-1980, 20th Edition.
Where an individual makes a written application to the Building Inspector for an exemption, the Building Inspector may recommend 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 recommendation 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 recommends an exemption under this section, he/she shall immediately notify the Village Administrator 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 Village Board will then consider whether to grant said exemption upon notification in accordance with the regulations and standards adopted by the Village Board.
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.
- BLASTING AGENT
- Any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as 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.
- BLASTING MAT
- 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.
- BLAST ZONE
- 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. The 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.
- A. 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.
- C. 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.
- FLY ROCK
- 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.
- PEAK PARTICLE VELOCITY
- 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.
- STRAY CURRENT
- 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, possess, sell, 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 approved by the Village Board in accordance with this chapter.
In order to obtain a permit from the Village, applicants shall pay a fee in an amount set by the Board of Trustees to cover the cost of the permit.
[Amended 6-11-2019 by L.L. No. 1-2019]
The name of the owner of the property upon which the detonation of explosives is to occur;
The business address of the person, firm or corporation proposing to detonate explosives on subject property;
Proof that the person, firm or corporation to detonate explosives is duly licensed pursuant to § 458 of the Labor Law of the State of New York;
The precise location of the intended detonation of explosives, the purpose and the necessity of the use of explosives, as well as the size charge intended to be detonated and the proposed schedule for detonation of explosives;
Proof that the person, firm or corporation intending to detonate explosives has liability insurance and the liability insurance requirements indicated below are in full force and effect; and
An indemnification agreement as contained in this section.
Liability insurance. The applicant for a blasting permit shall submit with his application a certificate of insurance in full force and effect of comprehensive public liability insurance for all property damage or personal injury caused by blasting operations in an amount not less than $3,000,000/$5,000,000 for personal injury and property damage and shall be issued by a casualty company authorized to do business in the State of New York. Said certificate of insurance shall indicate the name and the address of the agent or broker through whom it was placed, who is responsible for the attesting to the existence of the coverage and name the Village of Dobbs Ferry as an additional insured. Said certificates shall provide for 10 days' written notice to the Village of Dobbs Ferry as to any termination of said insurance. Receipt of such notice of termination shall be grounds to revoke a permit for blasting.
Indemnification. The contractor shall indemnify and hold harmless the Village of Dobbs Ferry and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of blasting work, provided that each claim, damages, loss or expense is attributed to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the blast itself), including the loss of use resulting therefrom; and is caused in whole or in part by any act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
Upon submission of the foregoing information to the Building Department and payment of the application fee as set from time to time by the Board of Trustees, the Building Inspector may issue a permit for blasting to the applicant, if the Building Inspector finds that the applicant is in compliance with this section and all applicable laws of the State of New York with respect to blasting. Such permit shall be valid for a period of 30 calendar days.
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, including any consultants approved by the Board of Trustees, 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 this chapter.
Permit revocation. The Building Inspector may, on his/her own initiative, 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 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 the modification(s).
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 Administrator. 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 Administrator 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 Administrator reinstates a permit, the Village Administrator may amend the permit by adding whatever terms and conditions he deems necessary to protect public health, safety and welfare. The decision of the Village Administrator shall be final.
Blasting may be conducted when authorized by permit Monday through Friday between the hours of 9:00 a.m. to 5:00 p.m. Blasting is prohibited Saturdays, Sundays and legal holidays.
The following additional requirements and restrictions contained in this chapter are enacted pursuant to the authority granted by Labor Law § 464-a:
Notice required. Whenever a blasting permit shall be issued under the provisions of the Village Code, written notice shall be given by the contractor to the Village of Dobbs Ferry Police Department and property owners at their respective addresses as shown on the latest assessment roll of the Village of Dobbs Ferry as to all property owners and owners of easements within a radius of 1,500 feet from the location of each blast. This distance may be increased by the Building Inspector if he determines that a greater area may be substantially affected by the proposed blasting. Said notice shall state the date on which blasting is proposed to be commenced and the estimated date when blasting will be completed. Said notice shall be mailed by the contractor by certified mail, return receipt requested, at least 14 calendar days before the commencement of blasting, and signs shall be placed stating the date and approximate time of each proposed blast. Signs shall be placed at the nearest streets and/or intersections providing access to all properties within which the blast is to occur. Signs shall be posted at least three days before commencement of blasting. An affidavit of mailing of the notices and of the posting of the signs indicating the name, address and tax designation of each property and easement owner notified shall be filed with the Building Inspector before commencement of blasting. Failure to furnish evidence of such shall be grounds for revocation of a blasting permit by the Building Inspector.
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay intervals, name of person in charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast and also monitor and maintain a permanent record of all blasts. Such person, firm or corporation shall, upon demand, provide to the Building Inspector of the Village of Dobbs Ferry all such records. A record shall be kept of every blast showing the amount of total powder and number of holes, and all records shall be maintained at least until the end of the next calendar year in which the record is made. At least one copy of the records required by this section shall be maintained at the blasting site at all times.
The information required to be submitted to the Building Inspector of the Village of Dobbs Ferry shall clearly indicate the minimum or maximum permitted values for the criteria indicated herein; including particle velocity, overpressure, frequency, decibels, duration of motion, etc. In addition, the values resulting from each blast shall be indicated alongside so that deviations may be readily ascertainable.
Employment of licensed blaster required. No person, firm or corporation shall be engaged in blasting in the Village of Dobbs Ferry unless they have in their continuous employ a blaster who is a holder of a current blaster's license issued by the State of New York pursuant to § 458 of the Labor Law and maintained continuously in force. A photocopy or clear reproduction of the blaster's license in force shall be kept continuously on file with the Building Department.
Seismograph and air pressure records. It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay intervals, name of person in responsible charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast and also to monitor and maintain a permanent record of all blasts. Seismograph and air pressure readings of blasts shall be taken by a qualified person frequently employed in the business of seismograph readings and competent to qualify as an expert witness to the results. The record data shall include identification of instrument used, name of observer, name of interpreter, distance and direction of recording station from area of detonation, type of ground at recording station or location in structure, maximum amplitudes for all components, as well as resultant for all recorded frequencies of vibrations, duration of motion in excess of 0.001 inch, frequency of ground motion in cycles per second, maximum energy ratio or particle velocity and a copy of photographic records of seismograph readings.
Ground blast and air standards. Peak particle velocity and overpressure produced by any blast at a distance measured by the distance from the blast to the closest structure or building not owned or used by the entity conducting the blast shall not exceed 0.75 inch per second for frequencies less than 40 hertz (Hz) or 2.0 inches per second for frequencies of 40 hertz (Hz) or more. In addition, air pressure emanating from such blast shall not exceed 131 decibels (dB) for high-pass filter of 0.1 hertz (Hz), or 128 decibels (dB) for a high-pass filter of two hertz (Hz), or 125 decibels (dB) for a high-pass filter of six hertz (Hz).
Special storage requirements. Persons issued permits pursuant to § 125-5 of this chapter shall have an amount of explosives [as defined in Subdivision 1 of § 451 of the Labor Law and 12 NYCRR 39.2 (k)] on a blasting site approximately sufficient for only one day of blasting operations. Any unused explosives stored on the blasting site from one day to another shall be kept in magazines constructed, maintained and located on the blasting site in accordance with applicable state rules and regulations (12 NYCRR 39.8 and 39.9), and each and every magazine containing stored explosives shall be covered with a blasting mat constructed in accordance with 12 NYCRR 23-11.4(f), and each such mat shall weigh a minimum of 5,000 pounds. In the event that any such unused explosives are stored as aforesaid, the permit holder shall notify the Police Department of such storage before 6:00 p.m. on each day of any such storage. No explosives shall be stored on a blasting site on Saturdays, Sundays or holidays observed by the Village.
Flagging and posting. At least three minutes before firing a blast, the person undertaking such blasting operation shall give warning thereof by causing a competent person(s) carrying a red flag to be stationed at a reasonable distance from the blast on all sides of the blast on any path, lane, street, road or highway or other avenue of approach capable of use by the public. In all cases, signs at least 36 inches by 36 inches, bearing the words "danger, blasting operation underway - no radio transmission" or similar language printed in red, shall be posted on all sides of the blast at reasonable distance from the blast. At least four such signs shall be so posted. Such posting shall occur at least by 8:00 a.m. on the day of the blast, and such signs shall be removed after the blasting operations are complete.
Supervision of blasting. The Building Inspector and/or a duly authorized representative has the authority to supervise a blasting operation when such supervision is, in his discretion, deemed necessary and to inspect the storage, handling and size of the charges intended to be detonated. The Building Inspector or the duly authorized representative shall also have the authority to inspect blasting sites to ensure that the provisions of all applicable laws of the State of New York, Rules and Regulations of the State of New York and local laws are being complied with. Any cost incurred by the Village of Dobbs Ferry in conjunction with the supervising of said blasting shall be at the cost of the applicant.
Preblast survey. It will be the responsibility of the applicant to provide the Village of Dobbs Ferry with an affidavit listing and inspecting all properties and easements within a radius of 600 feet from the location of each blast. These preblast surveys must be available to any affected property owner or Village of Dobbs Ferry official for a period of not less than three years from when the permit expires. Preblast surveys shall include but not be limited to both written and photographed information. At the discretion of the Building Inspector, the area of the preblast survey may be adjusted to include additional properties and/or easements. Preblast surveys must not be over 12 months old at time of application.
Any person, including any owner, agent or corporation, who shall violate any of the provisions of this chapter or fail to comply with any provisions shall, following conviction, be guilty of a misdemeanor.
The first violation shall be punishable by a fine not to exceed $2,500.
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.
Any person, including any owner, 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.
The provisions of this chapter may be enforced by either the Building Inspector or his/her designee.