This chapter shall be known as "Local Law Regulating Blasting and the
Use of Explosives and Combustibles in Blasting Operations."
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
BLASTER
A person who holds a valid certificate, license and permit to perform
blasting operations.
BLASTING
The fracture of any heavy mass by detonation of explosive materials.
It includes any activity whereby earth or rock is dislodged or torn apart
by the use of any explosive and includes the sudden displacement of any vegetation,
ground cover, earth, man-made material or rock by the explosion or detonation
of an explosive material.
BLASTING AGENT
Any material or mixture consisting of a fuel and oxidizer, intended
for blasting, not otherwise classified an 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 MACHINE
An electrical or electromechanical device capable of providing electrical
energy for the purpose of energizing electric blasting caps.
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.
BLASTING SITE
A location or locations on the particular property where the blasting
will occur. Each detonation will be considered a site.
BLAST ZONE
The area surrounding a blast site subject to the influence of flying
debris generated by the detonation of an explosive charge.
BUILDING
Includes, but is not limited to, any structure or assembly used for
occupancy or storage and subject to the jurisdiction of the Town Building
Department.
BURDEN
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.
CERTIFICATE OF COMPETENCE
Written authorization to keep, store, transport, manufacture or use
explosives issued pursuant to Article 16 of the New York State Labor Law and
12 NYCRR § 39.5.
CFR
The Code of Federal Regulations in effect on the date this chapter
was last amended.
EXPLOSIVE
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.
B.
The term "explosive" includes, but is not limited to:
(1)
A commercial explosive, propellant or nitrocarbonitrate.
(2)
A high explosive or a low explosive as defined by 49 CFR 173.100 et
seq.
(3)
An explosive material, blasting agent, water gel or detonator.
C.
The term "explosive," except as specifically stated herein, does not
include:
(1)
Small arms ammunition, including smokeless or black powder, when possessed
for noncommercial purposes in quantities of five pounds or less.
(2)
An explosive in a form prescribed by the United States Pharmacopeia.
(3)
Fireworks regulated under state law.
EXPLOSIVES LICENSE
The license issued by the New York State Department of Labor to purchase,
own, possess, transport or use explosives pursuant to § 458 of the
Labor Law.
FIREWORKS
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.
LABOR LAW
The Labor Law of the State of New York.
LANDOWNER
The person or persons that own the real property on which blasting
is performed or explosives are stored.
MAGAZINE
Any building, structure or other enclosure or container, other than
an explosive manufacturing building, used for the storage of explosives.
MISFIRE
An explosive material charge that fails to detonate after an attempt
at initiation.
NFPA
National Fire Protection Association.
PERMIT
Written authorization issued by the Town or other appropriate governmental
agency to manufacture, sell, possess, store or use explosives.
PERSON
Any natural person, partnership, firm, association, corporation,
limited liability company or any other business entity or association.
The provisions of this chapter shall not apply to the following:
A. 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 is acting in its official capacity and in the performance
of its public duties;
B. 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;
C. Fireworks subject to regulation under Penal Law §§ 270
and 405;
D. Small arms ammunition, including smokeless or black powder,
when possessed for noncommercial purposes in quantities of five pounds or
less;
F. Pharmaceutical uses as formulated and prescribed by the
official United States Pharmacopeia, USPC-1980, 20th Edition.
The manufacture, sale, transportation, storage, handling or use of explosives
in the Town in accordance with this chapter shall be governed by the provisions,
regulations and requirements, and any and all amendments thereto, of:
A. Article 16 of the New York State Labor Law;
C. Title 19 of NYCRR, Chapter XXXIII, Subchapter A, the
Uniform Fire Prevention and Building Code of New York State;
F. Title 49 of the Code of Federal Regulations;
H. Generally recognized criteria and accepted industry standards
for the manufacture, sale, transportation, storage, handling or use of explosives.
No person shall manufacture, sell, possess, store, use or detonate explosives
within the Town unless a permit has been issued by the Fire Inspector.
Blasting may be conducted when authorized by permit Monday through Friday
between the hours of 8:30 a.m. and 3:00 p.m. Blasting is prohibited Saturdays,
Sundays and legal holidays, except upon the written approval of the Fire Inspector,
the Town Engineer, or any consulting engineer responsible for specific Town
projects.
No explosives shall be sold, given or delivered to any person who does
not hold a valid license to possess such explosives. All explosives not being
handled or used in a blasting operation shall be securely locked in a container
approved for securing the type and amount of the explosives contained therein,
and said container shall be under the direct observation and guard of a person
holding a valid license to possess the type and amount of explosives contained
therein at all times. No unauthorized or unlicensed persons shall have access
to explosives in the Town, and the access to and the security of the explosives
shall be deemed the responsibility of the blasting permit holder. Blasting
caps and detonators shall be stored separately from explosives at a recognized
safe distance, and only 50 caps or detonators or fewer shall be transported
to explosives for priming and borehole loading at one time. Should the blasting
operation require more than 50 caps to be transported to explosives on the
blasting site, the blasting caps or detonators shall be transported in a box
designed to carry blasting caps or detonators and approved by the State of
New York and the IME for such purposes.
Any person violating any of the provisions of this chapter, or failing to comply therewith, shall be guilty of a violation and, upon conviction, shall be punished by the imposition of a fine in the amount set forth in Chapter
122, Article
V, §
122-20G, of the Code. Each violation of any provision of this chapter shall be a separate and distinct offense, and in the case of continuing violation, each day such violation shall be permitted to exist shall constitute a separate offense. Each unauthorized blast shall be considered a separate and distinct offense.
This chapter will be enforced by the Fire Inspector, the Zoning Administrator,
the Building Inspector, Code Enforcement Officers, and any police agency having
jurisdiction within the Town of Wappinger.