[HISTORY: Adopted by the Town Board of the Town of Binghamton 11-4-1982 by L.L. No 3-1982 (Ch. 6 of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 102.
Fire prevention — See Ch. 125.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes any individual and also any partnership, corporation or other group, whether for profit or not, and all agents and employees thereof.
QUARRY
Includes any location where removal of stone is conducted on a regular basis.
No persons shall conduct or cause to be conducted any blasting operation in the Town of Binghamton unless they shall be duly licensed by the State of New York and they shall have first obtained a current Town of Binghamton blasting permit.
A. 
Application for a blasting permit shall be made in writing to the Town of Binghamton Building Official. The following information shall be required:
[Amended 4-15-2003 by L.L. No. 1-2003]
(1) 
Name, address, phone number of person seeking the permit and/also of the general contractor on the job, the subcontractor, if any, engaged to do the blasting, and the owner or owners of the property on which the blasting is to take place.
(2) 
Photocopies of the current blasting license by any of the persons named in the above subsection.
(3) 
The name of the insurer, policy number and agent providing insurance coverage as required by this law.
(4) 
The name and a copy of the New York State certificate of competence of the blaster who will be in charge.
(5) 
Name of individual who shall actually be doing the blasting.
(6) 
Location and description of all underground utilities, including transmission and distribution lines, within 500 feet of the blast site on the map described above.
(7) 
Description of the blasting task and site at which it is to be performed.
B. 
A true copy of the permit issued by the Town of Binghamton shall be conspicuously posted at the job site.
C. 
The application shall be accompanied by a fee as determined by the Town Board.
[Amended 4-15-2003 by L.L. No. 1-2003]
D. 
Permits shall be valid for two months from the date of issuance, except that quarry permits shall be issued for calendar years.
A. 
No permit shall be issued unless the applicant submits with the application proof of insurance issued by an insurance company authorized to do business in the State of New York certifying that there is in full force and effect a policy of public liability insurance, including a specific endorsement covering all liabilities that might arise from blasting and providing bodily injury and wrongful death coverage of not less than $1,000,000 for all such injuries arising out of one incident and $750,000 for any such injury and $1,000,000 for any property damage. Such certificate shall also disclose that the policy shall incorporate provisions as follows:
(1) 
That this policy specifically includes coverage for the particular blasting operation which is to be undertaken under this permit.
(2) 
That the Town of Binghamton shall be held harmless from all claims, actions and proceedings brought against it for injury to persons or property resulting from or occasioned by such blasting operation.
(3) 
This insurance policy shall not be canceled, terminated or modified unless 10 days' written notice is given to the Town Board by registered mail addressed to the Supervisor and separately to the Town Clerk.
(4) 
The presence of an inspector or engineer on behalf of the Town of Binghamton at the site of such blasting operation shall not affect the obligations of the insurer under the policy.
B. 
No permits shall be valid unless such insurance is in full force and effect during the entire term of the permit.
[Amended 4-15-2003 by L.L. No. 1-2003]
The manner and conduct of the blast and blasting operations shall in all respects conform to the rules, regulations and requirements of the New York Industrial Board of Appeals or the Industrial Commission of the State of New York, promulgated under the authority of the New York State Labor Law; Article 36 of the New York State General Business Law; and also with all the rules, regulations and requirements of the United States Department of Labor.
It shall be unlawful to blast before 8:00 a.m. or after 8:00 p.m. and also before sunrise or after sunset, nor shall any blasting be on a Sunday or holiday except with approval of the Town Board.
The permit holder shall give at least 24 hours' notice to residents who live within 1,000 feet of the blast site, by written notice personally delivered or conspicuously affixed to the residences of such persons, indicating the blast site, the expected duration of the blasting, and the identity of the permit holder.
A. 
Timely notice is to be given to the homeowners or occupants within 1,000 feet of the blasting site, and at least three minutes before firing a blast, the person undertaking such blasting operations shall give warning thereof by causing a competent man carrying a red flag to be stationed at a reasonable distance from the blast on all sides of the blast on any path, lanes, streets, roads or highways or other avenue of approach capable of use by the public.
B. 
In all cases, signs warning of blasting shall be in accordance with Occupational Safety and Health Administration regulations and shall be posted on all sides of the blast 1,000 feet therefrom. Such signs shall be removed after the blasting operations are completed.
A. 
The Town Building Official may temporarily revoke any permit heretofore issued and approved in the following instances:
[Amended 4-15-2003 by L.L. No. 1-2003]
(1) 
Where it is found that there has been any false statement or misrepresentation as to a material fact in the application plans or specifications on which the permit was based.
(2) 
Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
Where it is found that the work performed under the permit is not being prosecuted in accordance with the provisions of this chapter.
B. 
Upon such revocation, the permittee shall be entitled to a public hearing regarding the cause therefor. At least one publication of notice of said public hearing in an official newspaper of the Town must occur a minimum of five days before the day of the hearing, and this notice shall specify the location of the blasting operation for which the permit has been revoked and the time and place of hearing. After such hearing, the Town Board shall either reinstate the permit or make the revocation permanent.
[Amended 4-15-2003 by L.L. No. 1-2003]
The violation of any of the provisions of this chapter, or failure to comply therewith shall be a misdemeanor and be punishable by a fine which shall not exceed $1,000 or imprisonment not exceeding one year, or both such fine and imprisonment; and each day such violation shall be permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.
The provisions of this chapter shall not relieve any person of the duty to observe other and more restrictive provisions as set forth in the statutes of the State of New York, and the rules and regulations of any official or authority having jurisdiction thereof.