Environmental quality review — See Ch. 49.
§ 36-2License and permit required.
§ 36-3Application for permit.
§ 36-4Permit specifications; expiration; notification of police; display.
§ 36-7Conduct of blasting operations restricted.
§ 36-8Required safeguards.
§ 36-9Revocation of permit; appeal.
§ 36-10Penalties for offenses.
As used in this chapter, the following terms shall have the meanings indicated:
- BLASTING OPERATION
- The act or acts involved in preparing for and actually firing a charge or charges of explosives, including the storage of explosives and igniting material, with the intent to start or move rock or any other substance at a particular job site.
- The duly elected Mayor of the Village of Manlius or any person duly authorized to act on his behalf.
- An annual blasting permit issued in accordance with this chapter.
- Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
- POLICE CHIEF
- The duly appointed Police Chief of the Village of Manlius or any person duly authorized to act on his behalf.
- VILLAGE BOARD
- The Board of Trustees of the Village of Manlius.
No person shall conduct or cause to be conducted any blasting operation in the village unless he shall be duly licensed by the State of New York and shall have first obtained a permit from the Police Chief upon application as provided by this chapter.
An application for a permit shall be made in writing to the Police Chief on a form available from him and shall contain the name, address and telephone number of the person seeking the permit; his current New York State explosives license number; the name and address of his insurer; and such other information as may be requested. The application shall be accompanied by the required application fee and certificate of insurance.
A permit shall specify the name of the permittee, the date of its issuance and of its expiration and any special conditions. Each permit shall expire on December 31 following its issuance.
Before undertaking any blasting operation, the permittee shall provide the Police Chief, in writing, on a form available from him, with the following information:
The time, place and duration of such blasting operation.
The name(s) of the licensed person(s) in charge of and otherwise working on such blasting operation and a certification that the license(s) of such person(s) are in full force and effect.
The name and address of his insurer and a certification that the insurance as described in his application for a permit and required by this chapter is in full force and effect.
Such other information as may be requested.
A true copy of the permit shall be conspicuously displayed at the site of the blasting operation.
The application fee for a permit shall be as provided, from time to time, by resolution of the Village Board.
No permit shall be issued 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 Police Chief, 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 specifying coverage in accordance with current village requirements, as determined, from time to time, by the Village Board. Such certificate shall also disclose that the policy shall incorporate provisions as follows:
That the village shall be named as an additional insured on each policy issued.
That it shall not be canceled, terminated or modified unless 10 days' prior written notice is given to the Police Chief by registered mail addressed to him.
That the presence of an inspector or engineer on behalf of the village at the site of the blasting operation shall not affect the obligation of the insurer under the policy.
It shall be unlawful to carry on any blasting operation between sunset and sunrise, and in no event after 7:00 p.m. or before 8:00 a.m., local time, nor shall any blasting be done on Sunday, except with the approval of the Police Chief. The manner and conduct of the blasting operation shall conform with all applicable state and federal laws, rules, regulations and requirements, including, without limitation, the Federal Occupational Safety and Health Act.
At least three minutes before firing a blast, the permittee shall give warning thereof by causing a competent person 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, highway or other avenue of approach capable of use by the public. In all cases, signs at least thirty-six by thirty-six (36 x 36) inches, bearing the words "Danger, Blasting Operations Underway — No Radio Transmissions" or similar language, printed in red, shall be posted by the permittee on all sides of the blast at a reasonable distance from the blast. At least four signs shall be posted, such posting to occur at least one hour prior to the blast. Such signs shall be removed after the blasting is completed.
The Police Chief may forthwith revoke any permit issued hereunder where he finds that:
There has been a false statement or misrepresentation as to a material fact in the application, plans or specifications on which the permit was based;
The permit was issued in error;
The work performed under the permit is not being prosecuted in accordance with the provisions of this chapter; or
There exists other reasonable cause.
An appeal of any such revocation may be made to the Mayor, whose decision shall be final.