[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any individual and also any partnership, corporation
or other group, whether for profit or not, and all agents and employees
thereof.
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.
If any damage is incurred due to blasting, the
Town may stop the blasting pending an investigation by the Town.
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.
