[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
3-17-1997 by L.L. No. 4-1997. (Note: This local law repealed former Ch. 89,
Blasting, adopted 2-26-1959 by Ord. 8.11 of the Unified Code of Ordinances.)
Amendments noted where applicable.]
The Village Board of the Village of Tarrytown takes recognition of requests
by residents of the Village of Tarrytown to impose regulations on the discharge
of explosives within the village so as to promote the peace, good order and
safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the
Municipal Home Rule Law of the State of New York, Article 16 of the Labor
Law Of the State of New York and Title 12, Part 39, Chapter 16, of the New
York Codes, Rules and Regulations, specifically § 464-a, or as said
provisions are amended from time to time.
As used in this chapter, the following terms shall have the meanings
indicated:
Unless otherwise specified, the Village of Tarrytown Building Inspector
or his designated representative.
The Village Engineer, the Building Inspector, Superintendent of Public
Works or the Fire Chief of the Village of Village of Tarrytown or their designated
representatives.
Unless otherwise specified, the Village of Tarrytown Superintendent
of Public Works or his designated representative.
Gunpowder, powders used for blasting, high explosives, blasting materials,
detonating fuses, detonators and other detonating agents, smokeless powder
and any chemical compound or any mechanical mixture containing any oxidizing
and combustible units or other ingredients in such proportions, quantities
or packing that ignition by fire, friction, concussion, percussion or detonation
any part thereof may and is intended to cause an explosion, but shall not
include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether,
benzol and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof. Fixed ammunition
and primers for small arms, firecrackers, safety fuses and matches shall not
be deemed to be explosives when the individual units contain any of the above-mentioned
articles or substances in such limited quantity, of such nature and so packed
that it is impossible to produce an explosion of such units to the injury
of life, limb or property.
Unless otherwise specified, the Village of Tarrytown Fire Chief or
his designated representative.
All ledge or bedrock, boulders or masonry larger than 1/2 cubic yard
in volume and any material requiring blasting, barring, chipping, wedging
or other methods for removal from its original bed.
The provisions of Article 16 of the Labor Law of the State of New York,
as well as Industrial Code Rules contained in Title 12, Part 39, of the New
York Codes, Rules and Regulations, or as said provisions are amended from
time to time, are recognized as applicable to the possession, handling, storage
and transportation of explosives within the jurisdiction of the Village of
Tarrytown and shall be complied with by all blasters.
A.
No person, firm or corporation shall detonate explosives
within the Village of Tarrytown unless it is licensed pursuant to § 458
of the Labor Law of the State of New York and, in addition to such licensing,
unless it has obtained a permit for such blasting from the Village of Tarrytown
pursuant to this section. Said permit shall be valid for a period of 90 days.
B.
Any person, firm or corporation intending to detonate
explosives within the Village of Tarrytown shall, prior to such detonation,
apply for a permit to detonate such explosives from the Building Department
of the Village of Tarrytown. Such person, firm or corporation shall supply
the Building Department with the following information:
(1)
The name of the owner of the property upon which the
detonation of explosives is intended to occur.
(2)
The business address of the person, firm or corporation
proposing to detonate explosives on the subject property.
(3)
Evidence of the fact that the person, firm or corporation
intending to detonate explosives is duly licensed pursuant to § 458
of the Labor Law of the State of New York.
(4)
The precise location of the intended detonation of explosives,
as well as the size of charges intended to be detonated and the proposed schedule
for detonation of explosives.
C.
All permits must be requested from the Building Inspector
at least 48 hours in advance of any blasting, except that requests shall never
be made on Friday for an operation which is to begin on a Monday.
D.
Upon submission of the foregoing information to the Building
Department, on a form to be supplied by the Building Inspector and an application
fee, 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
chapter and all applicable laws of the State of New York with respect to blasting.
E.
The Building Inspector may add to any permit issued under
this chapter whatever terms and conditions deemed necessary to protect public
health, safety and welfare.
No blasting shall take place on Saturday, Sunday or on any of the holidays
listed below or on any other day or time period as noted in New York State
laws, as designated by local, state or federal decree or as included in the
body of this chapter:
Whenever blasting shall be permitted under the provisions of the Village
Code, written notice, as approved by the Building Inspector, shall be given
by the blasting contractor to property owners, at their addresses as shown
on the latest assessment roll of the Village of Tarrytown, as to all improved
properties within an area designated by the Building Inspector. Said area
shall include all properties which the Village Building Inspector shall find
will be substantially affected by the proposed blasting. Said notice shall
state the date on which blasting is proposed to commence and the estimated
date when blasting will be completed. Said notice shall be mailed by certified
mail, return receipt requested, at least 10 calendar days before the proposed
commencement of blasting and shall be placed at each property in a conspicuous
place at least three days before commencement of blasting. An affidavit of
mailing or delivery of the notice, designating the name and address of each
property owner notified, shall be filed by the blasting contractor with the
Village Building Inspector before commencement of blasting. Failure to furnish
evidence of such notice shall be grounds for revoking a permit for blasting.
A.
Before any blasting can begin, the blasting contractor
shall cause to be made an in-depth inspection of all homes, structures or
facilities within a minimum distance of 1,000 feet of the center line of the
site (e.g., gravity sewers) to note the interior and exterior condition, including
foundation walls, sidewalks, pools and the like. The inspection and written
report shall be conducted by an independent firm experienced in this type
of work.
B.
Should it be determined by the Village Building Inspector
that a preblasting inspection report is necessary for any area not listed
above but within the proximity of the blasting, the Village Building Inspector
shall advise the blasting contractor of this requirement, and a report shall
be prepared as requested. Reports may also include video tapes, as requested
by the Building Inspector.
C.
A copy of the inspection report when it is completed,
covering each house, structure or facility inspected, shall be delivered to
the Village Building Inspector. This report must be conducted and delivered
prior to any detonation of explosives.
D.
The blasting contractor shall provide continuous blast
monitoring during construction.
E.
Blast monitoring shall be performed by an independent
testing agency at the blasting contractor's expense.
F.
The peak particle velocity shall be limited as follows:
|
Table 1: Distance Versus Peak Particle Velocity Method
| ||
|---|---|---|
|
Distance in Feet
|
Peak Particle Velocity of any One Component* in Inches per Second
| |
|
0 to 100
|
1.50
| |
|
100 to 200
|
1.25
| |
|
200 to 500
|
1.00
| |
|
500 to 1,000
|
.50
| |
|
Over 1,000
|
.25
| |
|
*NOTE: The measuring instruments transducer shall be firmly coupled
to the ground.
| ||
G.
The Village of Tarrytown shall assume no responsibility
whatsoever for any costs incurred in connection with any work required under
this section.
I.
The maximum allowable concussion or air blast resulting
from blast operations shall not exceed 130 decibels peak, measured at a flat
frequency response (PMS two decibels) over the range of at least six to 200
hertz.
J.
When blasting is of a continuing nature, 124 to 130 decibels
shall be the acceptable range.
K.
The permit holder shall report each blast exceeding acceptable
parameters to the Building Inspector within 24 hours. Following a blast exceeding
acceptable parameters, the Building Inspector shall have the authority to
order blasting operations be suspended, altered or stopped.
A.
Explosives for blasting shall be kept in a properly constructed
magazine painted red and marked "danger."
B.
At no time shall the amount of explosives kept at the
site of the work exceed amounts needed for one working day, unless otherwise
approved in writing by the Village Building Inspector. Such explosives shall
be stored, handled and used in conformance with any and all applicable laws,
regulations and codes. Under no circumstances may explosives be stored over
any weekend, and all excess explosives not required for Friday's detonation
shall be removed by 12:00 noon on Friday.
C.
Accurate daily records shall be kept, showing the amount
of explosives on hand within the municipal boundary, both at the site and
at any storage magazine, the quantities received and issued and the purpose
of which issued, when used or stored within the village limits.
D.
The blasting contractor shall be responsible for any
damage or injury to any persons, property or structures as a result of his
handling, storage or use of explosives.
E.
Magazines to be used for storage of explosives shall
be as specified in the current standards of the National Fire Protection Code.
Magazines are to be kept locked, except when being inspected or when explosives
are being placed therein or being removed therefrom. All magazines will be
stored at a location approved by the Village Building Inspector. Under no
circumstances is the agreed storage location to change without written permission
of the village.
F.
Blasting caps, electric blasting caps, detonating primers,
primed cartridges and primer cord shall not be stored in the same magazine
with other explosives, pursuant to the New York State Fire Code.
G.
All material safety data sheets for each type of explosive
shall be forwarded by the blasting contractor to the Building Inspector/Fire
Chief of the Village of Tarrytown and copied to the Building Department, and
copies shall be kept on the actual storage site.
H.
Accurate daily records shall be maintained by the blasting
contractor showing the locations of all blast holes, size of actual load used
and time of load detonation (delay times, area of rock, depth of holes). Should
it be determined that additional information be requested, the same shall
be forwarded at no additional expense.
A.
Only such quantity of explosive shall be used in a blasting
operation as may be necessary to properly start the rock.
B.
Ledge rock, boulders and large stones shall be removed
from the sides and bottom of the trench to provide clearance for the specified
embedment of each pipe section, joint or appurtenance; but in no instance
shall the clearance be less than six inches. Additional clearance at the pipe
belt or joint shall be provided to allow for the proper makeup of the joint.
C.
At the transition from an earth bottom to a rock bottom,
the minimum bottom clearance shall be 12 inches for a distance of not less
than five feet.
D.
Concrete for structures shall be placed on the rock,
and the excavation shall be only to the elevations and grades shown on the
contract drawings.
E.
Rock removal and backfilling shall be performed in accordance
with all generally accepted standards.
F.
The rock excavated which cannot be incorporated into
the backfill materials as specified shall be disposed of as spoil and shall
be replaced with the quantity of acceptable material required for backfilling.
A.
Immediately after loading and tamping the hole and before
firing the blast, the rock to be blasted shall be covered on all exposed sides
with a strong woven matting of rope or wire, and, in the case of a rope mat,
the same shall be held down by a sufficient number of timbers, each 10 feet
long and 10 inches in the smallest diameter, held securely together by chains
or steel wire. Blasting mats shall be overlapped a minimum of three feet around
entire perimeter of rock to be blasted. After the rock has thus been covered,
the blast shall be fired without unnecessary delay. The amount and manner
of application of the proposed covering to be placed over blasts situated
on the perpendicular or diagonal side of the rock and over blasts for trenches,
manholes and sewer and gas connections shall be as required by good practice.
B.
All blasts in open cut shall be properly covered and
protected with approved blasting mats.
C.
Charges shall be of such size that the excavation will
not be unduly large and shall be so arranged and timed that adjacent rock,
upon or against which pipelines or structures are to be built, will not be
shattered.
D.
Blasting will not be permitted within 25 feet of pipelines
or structures.
E.
All existing pipes or structures exposed during excavation
shall be adequately protected from damage before proceeding with the blasting.
F.
After a blasting permit has been issued, written notice
of blasting shall be given to the Village Building Inspector, Superintendent
of Public Works, Police Department and Fire Department by the blasting contractor
at least 48 hours prior to commencement of blasting.
G.
The Village Building Inspector/Superintendent of public
works reserves the right to alter rock removal techniques and
activities, as required.
A.
At least three minutes before firing a blast and again
at 30 seconds prior to blasting, the blaster shall give warning thereof by
causing a competent person carrying a red flag to be stationed a reasonable
distance and not less than 150 feet from the blast at each avenue of approach
or point of danger, and by giving three blasts from a horn or siren that can
be heard at 1,000 feet away.
B.
The blasting contractor shall further notify all occupants
of all houses within 300 feet of the work on the morning of each day when
blasting is to be done and shall notify the occupants of all houses within
150 feet of the work before each blast is fired.
No detonation of explosives shall be permitted within the Village of
Tarrytown except between the hours of 9:00 a.m. and 4:00 p.m. on any day on
which blasting is otherwise permitted.
The Building Inspector and/or the Superintendent of Public Works of
the Village of Tarrytown or their duly authorized representatives have the
authority to monitor blasting operations when such monitoring is, in their
discretion, deemed necessary and to inspect the storage, handling and size
of the charges intended to be detonated. The Building Inspector and/or the
Superintendent of Public Works of the Village of Tarrytown 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 this chapter are being complied with. The enforcement agency
shall have authority to issue appearance tickets to compel the appearance
in court of any person, firm or corporation found to be in violation of any
applicable state law or regulation or this chapter.
A.
Every accident caused by an explosion of a blast within the village limits shall be regarded as presumptive evidence of negligence on the part of a contractor or blaster concerned with the operation in the course of which such explosion occurs, and the permit of the blaster shall be revoked, unless it shall appear at a subsequent hearing that the accident occurred despite the observance of all proper precautions in the handling of such explosive, and, pending such hearing, such permit shall be suspended. Said hearing shall be before the enforcement authority and shall be requested in writing by the permit holder within five days from the notice of revocation and shall be held within 10 days thereafter. The permit shall not be reissued or renewed except upon delivery to the Village Clerk of a new and additional bond under the provisions of § 89-18.
B.
Any injury or damage to the work or to existing pipes,
facilities or structures shall be repaired or rebuilt by the blasting contractor
at his expense.
C.
Whenever, in the opinion of the village, blasting may
damage adjacent rock, pipes, facilities or structures, blasting shall be discontinued
and the rock removed by drilling, barring, wedging, chipping or other methods,
as approved by the Building Inspector and Superintendent of Public Works.
Every applicant pursuant to this chapter, as well as the owner of the
property upon which such applicant intends to detonate explosives, is deemed
to consent to the presence of the Building Inspector, the Superintendent of
Public Works or their designated representatives on the blasting site for
the purpose of inspecting or monitoring the handling, the storage and the
detonation of explosives.
A.
Requests for storage of any explosive materials, storage
magazines, etc., must be in writing.
B.
If permission is granted for the storage of any explosive
materials, storage magazines, etc., said permission shall be in writing and
must be retained (posted) on the actual storage site of the materials. Permission
granted by the Village of Tarrytown for the storage of explosive materials
in no way whatsoever infers that the responsibility is transferred to the
village.
C.
The Village of Tarrytown shall be coinsured at all times.
D.
Storage magazines shall be secured with tamperproof locks.
E.
Storage magazines shall be completely fenced in, including
the top. The gate shall be secured with a tamperproof locking device. All
appropriate warning signs shall be utilized.
F.
The minimum posted insurance bond shall be $5,000,000
unless changed by mutual consent of the village and the blasting contractor,
as so stated in writing.
G.
All insurance shall be kept in effect from the date that
permit is issued until the contract is completed. If the contract end is significantly
later than the end of the blasting period, then request for a waiver of insurance
for blasting shall be made in writing.
H.
The Superintendent of Public Works, Building Inspector
or Fire Chief, Police Chief or their designated representatives reserve the
right to inspect the actual blasting site, storage area, storage magazines,
trucks or other vehicles used in the transportation of the explosives at any
reasonable time.
I.
Prior to the issuance of a permit, the blasting contractor
shall submit to the Village Building Inspector his anticipated route through
the village for the delivery of any explosives. No permit will be issued until
the route is approved by the Village Building Inspector and Fire Chief.
J.
Should it become necessary for the blasting contractor
to change the approved route for the delivery of any explosives, the blasting
contractor shall request such a change in writing from the issuing authority.
The original approved route will be maintained up to the date that the change
is approved. Should this not be practicable, delivery shall be halted until
the revised route is reviewed and approved by all agencies involved. Should
the Building Inspector or Fire Chief determine that the route of delivery
must be changed, for whatever reason, he shall verbally notify the blasting
contractor immediately and follow this notification with notice in writing.
The blasting contractor shall terminate his delivery route immediately upon
such verbal notice and shall submit an alternate routing plan for review by
all necessary agencies.
K.
Copies of all licenses of actual shooters shall be given
to the Building Inspector. All licenses shall be valid, current and not due
to expire during the blasting period. Should a license be scheduled to be
renewed during the blasting period, the renewal should be taken care of so
that the renewal certificate will be in place at least 10 days prior to the
scheduled date of renewal. Should the blasting contractor wish to have another
shooter on the job during this period to cover for the current shooter, approval
shall be requested in writing from the Building Inspector. Under no circumstance
shall a new shooter be allowed to perform his work without first having been
present on the job site for at least 48 hours (two working days) during which
time blasting shall have taken place in his presence. This overlapping is
to ensure adequate familiarization of the shooter with the specific site conditions
of the job.
A.
No one shall blast within the Village of Tarrytown until
he or his employer has given to the village a bond executed by a surety company,
satisfactory to the Village Administrator. Said bond shall be in an amount
to be determined by the Village Administrator; however, said amount shall
not be less than $100,000 and shall cover the faithful performance of the
permittee.
B.
In addition, the permittee shall be responsible to have
in effect, at the permittee's sole cost and expense, a comprehensive general
liability insurance policy in the sum of at least $5,000,000 for any occurrence,
including:
C.
Certificate.
(1)
In addition, any permittee granted a permit to blast
shall also supply a certificate evidencing the following insurance coverage:
(2)
Said certificate shall be issued to the Village of Tarrytown
and shall contain a clause that states: "No modification, cancellation or
diminution of coverage shall take place unless the certificate holder receives
not less than 30 days advance written notice thereof via registered or certified
mail."
(3)
The applicant shall also furnish a notarized statement
agreeing to indemnify and hold the village harmless from any and all claims,
actions and proceedings brought by any person, firm or corporation for any
injury to any persons or property resulting, directly or indirectly, from
the applicant using, storing, handling, transporting or manufacturing explosive
material or conducting blasting activity and, moreover, stating the applicant
will defend and indemnify the village against any action brought by any third
parties as a result of operating under a village permit issued under this
chapter.
(4)
No permit shall be issued unless and until the applicant
has complied with these insurance requirements and provided an agreement indemnifying
and holding the village harmless for any and all damage and injury.
A.
Any person, firm or corporation violating any of the
provisions of this chapter or failing to comply therewith shall be guilty
of an unclassified misdemeanor and, upon conviction, shall be punished by
imprisonment for a term of not more than one year or by a fine of not more
than $1,000, or both such fine and imprisonment. Each violation of any provision
of this chapter shall be a separate and distinct offense, and, in case of
continuing violation, each day such violation shall be permitted to exist
shall constitute a separate offense.
B.
Permit revocation. The Building Inspector may, on his
own initiative or at the request of any other official, revoke or modify a
permit issued pursuant to this chapter 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 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 modifications.
The issuance of any permit hereunder shall in no manner be construed
as an approval of, waiver of or compliance with any additional requirements
of the State of New York, the Department of Labor or any other agency authorized
to supervise the detonation of explosives.
The invalidity of any section, clause, sentence or provision of this
chapter shall not affect the validity of any part of this chapter which can
be given effect without such invalid part or parts.
