[HISTORY: Adopted by the Common Council of
the City of Kingston 7-1-1986 by L.L. No. 4-1986, approved 7-3-1986
(Ch. 21 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Excavation hazards — See Ch. 211.
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the City of Kingston without
having first obtained a permit from the Fire Chief or his designee
covering the specific blasting operation, upon written application.
Such blasting operations shall be conducted under the direct control
and supervision of competent and licensed persons in accordance with
the provisions of New York State laws and regulations and the provisions
of this chapter.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
B.
Before such permit is issued, the person shall submit
evidence in the form of a certificate of insurance issued by an insurance
company authorized to do business in the State of New York, guaranteeing
that the applicant has in full force and effect a policy of public
liability insurance, including a specific endorsement covering the
liabilities arising from blasting, and providing bodily injury coverage
of not less than $1,000,000/$2,000,000 and property damage insurance
of not less than $300,000/$500,000. Such policy shall also provide
to save the City harmless from all claims, actions and proceedings
brought by any person, firm or corporation for injury to persons or
property resulting from or occasioned by such blasting operations.
Such policy shall contain the provision that the policy shall not
be canceled, terminated, modified or changed by the insurance company
unless 30 days' prior written notice is sent to the City by registered
mail. No permit shall be valid unless such insurance is in full force
and effect.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014; 3-5-2019 by L.L. No.
1-2019, approved 3-19-2019]
Such permit, when approved and signed by the
Fire Chief or his designee and upon payment of a fee as set forth
in the fee schedule to be established by resolution of the Common
Council of this City[1] to the Fire Chief or his designee or such other fee as
may be fixed from time to time by the City Council, shall be issued
and signed by the Fire Chief or his designee, who shall keep a record
thereof. Each permit shall specify the name of the permittee, the
date of expiration, which shall be no later than three months from
the date of issue, and the particular place where the blasting is
to be done. The Fire Chief or his designee may revoke any permit issued
hereunder and issue a stop-work order at any time for good cause shown.
Before such permit is issued, the person shall have in his possession
a valid license to purchase, own, possess, transport or use explosives,
issued by the Explosives Licensing Unit, New York State Department
of Labor, and no such license will be issued to anyone under 18 years
of age or otherwise considered ineligible as defined in § 459
of Article 16, Industrial Code Rule 39, of Title 12 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
No person shall use in a blasting operation
a quantity of explosives greater than necessary to properly start
the rock or other substances or use such an amount as will endanger
persons or property. The Fire Chief or his designee may limit the
maximum quantity of explosives to be used, but no action by the Fire
Chief or his designee shall relieve or exempt any person or insurance
company from liability for damage caused by the use of such explosives.
In a case where the Fire Chief or his designee seeks expert advice,
he may issue a temporary stop-work order until such advice is secured.
All blasts, before firing, shall be covered
with metal rope or metal matting, heavy timbers chained together or
other suitable screens of sufficient size, weight and strength to
prevent the escape of broken rock or other material in a manner liable
to cause injury or damage to persons or property.
No person shall fire or explode or direct or
cause to be fired or exploded any blast in or near any highway or
public place in the City of Kingston unless competent persons carrying
red flags shall have been placed at reasonable distances on all sides
of the blast to give proper warning thereof at least three minutes
in advance of firing.
No person shall conduct blasting operations
within the City of Kingston after the hour of 4:00 p.m. or before
8:00 a.m. or at any time on Saturday or Sunday.
During blasting operations, explosives shall
be stored separately from igniters, and for this purpose separate
receptacles shall be built or provided and placed at a reasonable
distance apart one from the other. Explosives shall be stored in approved
magazines, and no more than a one-day supply of such explosives shall
be so stored. Explosives shall not be stored unattended overnight.
A.
Whenever blasting is to occur within 300 feet, measured
from the blast site, of any structure, including a residential dwelling,
the inhabitants or users of such structure or dwelling shall be personally
notified of the date and approximate time that blasting will occur.
In the event that personal notification cannot be effected, a written
notice containing the above information may be left or posted at the
structure or dwelling in a conspicuous place or a registered letter
may be sent to the affected structure or dwelling.
B.
By whatever means notice is effected, said notice
shall be received no less than 24 hours prior to blasting.
C.
Written notice of the date and approximate time of
blasting shall, additionally, be given to the City Clerk and Police
Department, Building Department, Mayor, Fire Department and the Water
Department no less than 24 hours prior to blasting.
[Amended 10-3-1989 by L.L No. 7-1989,
approved 10-27-1989; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019,
approved 3-19-2019]
D.
The applicant shall submit an affidavit of notifications
to the Fire Chief or his designee prior to commencing blasting.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
A.
Compliance with state regulations. It shall be unlawful
for any person or persons to transport or cause or permit the transportation
of explosives in any vehicle through, to or within the City of Kingston
in any manner which violates the provisions of § 39.6 of
Title 12 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
B.
Guarding; stops. No person in charge of a vehicle
containing explosives in transit shall allow such vehicle to remain
unguarded at any time, and no person charged with the responsibility
of such transportation shall make any unnecessary stops within the
City of Kingston. Where such stop is unavoidable, the person in charge
of the vehicle containing the explosives shall strictly observe the
Rules for Vehicles in Transit as defined in Paragraph g of Code Rule
39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
A.
Any person or corporation violating any of the provisions
of this chapter, upon conviction thereof, shall be subject to a mandatory
fine of $2,500 for each offense. Every violation of any provision
in this chapter shall be a separate and distinct offense.
B.
This article may be enforced by the Fire Chief or
his designee.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]