[Amended 3-23-2009 by L.L. No. 1-2009]
This article shall apply to the manufacture, possession, storage,
sale, transportation and use of explosives and blasting agents, except
that nothing in this article shall be construed as applying to:
A.
The Armed Forces of the United States of America or the state militia.
B.
Explosives in forms prescribed by the official United States Pharmacopoeia.
C.
The sale or use of fireworks.
D.
The possession, transportation and use of small-arms ammunition or
special industrial explosive devices.
E.
The possession, storage, transportation and use of smokeless powder
and small-arms primers for hand loading of small-arms ammunition for
personal use and black powder for use in the firing of antique firearms
or artifacts or replicas thereof, in compliance with New York State
Labor Law Industrial Code Rule 39 (12 NYCRR 39) and the New York State
Fire Code.
F.
The manufacture, possession, storage and use of not more than 15
pounds of explosives or blasting agents in educational, governmental
or industrial laboratories for instructional or research purposes
when under direct supervision of experienced, competent persons.
G.
The transportation and use of explosives or blasting agents by the
United States Bureau of Mines, the Federal Bureau of Investigation,
the United States Secret Service or police and fire departments acting
in their official capacity.
As used in this article, the following terms shall have the
meanings indicated:
The airborne shock wave or acoustic transient generated by
an explosion.
A deflagrating or low-explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
A person who holds a valid New York State license to perform
blasting operations.
The fracture of any heavy mass by detonation of explosive
materials.
Any material or mixture consisting of a fuel and oxidizer
intended for blasting, not otherwise classified as an explosive, in
which none of the ingredients are classified as explosives, 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.
Materials or mixtures classified as nitro-carbo nitrates by Interstate
Commerce Commission regulations shall be included in this definition.
A detonator.
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
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.
The specific place(s) or location(s) in or on which an explosive
is placed for the purpose of blasting. In the case of multiple explosives,
the location of each explosive shall be deemed to be a separate blast
site.
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
The duly appointed Building Inspector of the Town of Kent.
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.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating-cord delay connectors
and nonelectric instantaneous or delay blasting caps.
Any gunpowder, powders used for blasting, high explosives,
blasting materials, detonating fuses, detonators and other detonating
agents, smokeless powder and any chemical compound or any mechanical
mixture containing any oxidizing and combustible units, or other ingredients
in such proportions, quantities, or packing that ignition by fire,
friction, concussion, percussion or detonation of any part thereof
may and is intended to cause an explosion, but shall not include gasoline,
kerosene, naphtha, turpentine, benzene, acetone, ethyl ether, benzol,
and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof. Fixed
ammunition and primers for small arms, firecrackers, safety fuses
and matches shall not be deemed to be explosives when the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, are of such nature, and are so packed that
it is impossible to produce an explosion of such units to the injury
of life, limb or property.
Any explosive except a propellant and nitrocarbonitrate.
The duly appointed Fire Inspector of the Town of Kent.
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.
Rock propelled from the blast area by the forces of an explosion.
Cycles per second.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
Any building, structure or other enclosure or container,
other than an explosive manufacturing building, used for the storage
of explosives.
An explosive material charge that fails to detonate after
an attempt at initiation.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder and black powder for small arms, cannons,
antique firearms, artifact firearms, antique firearms, and smokeless
powder or solid propellant for rockets, jet thrust units or other
devices.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
Any shotgun, rifle, pistol or revolver cartridge.
Any explosive powerpack containing an explosive charge in
the form of a cartridge or construction device. The term includes,
but is not limited to, explosive rivets, explosive bolts, explosive
charges for driving pins or studs, cartridges for explosive-actuated
power tools and charges of explosives used in jet tapping of open-hearth
furnaces and jet perforations of oil well casings.
Sheets, extrusions, pellets and packages of high explosives
containing dynamite, trinitrotoluol, pentaerythritol tetranitrate,
cyclotrimethylenetrinitramine or other similar compounds used for
high-energy-rate forming, expanding and shaping in metal fabrication
and for dismemberment and quick reduction of scrap metal.
An inert material placed in a bore hole after the explosive
for the purpose of confining explosive materials or to separate charges
of explosive material in the same bore hole.
One containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate, or a cap of equivalent strength.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
Permits shall be obtained from the Fire Inspector for the following
activities:
A.
To manufacture, possess, store, sell or otherwise dispose of commercial
explosives or blasting agents.
B.
To transport commercial explosives or blasting agents.
C.
To use or detonate commercial explosives or blasting agents.
D.
To operate a terminal for handling commercial explosives or blasting
agents.
E.
To deliver or receive commercial explosives or blasting agents to
or from a carrier at a terminal between the hours of sunset and sunrise.
F.
To transport blasting caps or electric blasting caps on the same
vehicle with commercial explosives.
A.
Permit to manufacture, possess, store, sell, dispose of, transport,
operate a terminal, deliver or receive.
(1)
An application for a permit to manufacture, possess, store, sell,
dispose of, transport, operate a terminal, deliver or receive commercial
explosives or blasting agents shall require the following information,
as well as any other information the Fire Inspector deems necessary
to protect the public health and safety:
(a)
The applicant's full name, address and telephone number.
If the applicant is a corporation, partnership or other business entity,
the name and address of each officer, partner, or managing member
shall be separately stated. If the applicant is an out-of-state corporation,
partnership or other business entity, the applicant must also submit
proof of filing with the New York State Secretary of State to do business
in New York. No permit shall be issued unless the applicant is authorized
to do business in New York. The applicant shall also include proof
of general liability insurance coverage in the amounts specified in
this article, and workmen's compensation insurance coverage.
(b)
The location where the applicant proposes to manufacture, sell,
possess, or store commercial explosives or blasting agents.
(c)
A statement as to the purpose and need to manufacture, sell,
possess, or store commercial explosives or blasting agents.
(d)
Where the manufacture, sale, possession or storage of commercial
explosives or blasting agents is subject to state or federal regulation
and licensing, a current copy of any state or federal license or permit
shall be provided, together with the application for a local permit,
unless the use is specifically exempted herein.
(e)
The quantity of commercial explosives or blasting agents to
be manufactured, sold, possessed or stored.
(2)
The application for a permit shall be signed by the applicant. In
addition, the applicant shall sign an acknowledgment, under the penalties
of perjury, stating that all information provided in the application
or in support of the application is true and accurate.
(3)
The application shall be accompanied by a permit fee in an amount set by the Town Board, together with any review fees pursuant to Chapter 55 that the Fire Inspector may also determine are necessary to cover the cost of retaining one or more consultants to assist in the review of the application.
B.
Permit to use or detonate.
(1)
An application for a permit to use or detonate commercial explosives
or blasting agents shall require the following information, as well
as any other information the Fire Inspector deems necessary to protect
the public health and safety:
(a)
The applicant's full name and address. If the applicant
is a corporation, partnership or other business entity, the name and
address of each officer, partner, or managing member shall be separately
stated. If the applicant is an out-of-state corporation, partnership
or other business entity, the applicant must also submit proof of
filing with the New York State Secretary of State to do business in
New York. No permit may be issued unless the applicant is authorized
to do business in New York: The applicant shall also include proof
of general liability insurance coverage in the amounts specified in
this article, and workmen's compensation insurance coverage.
(b)
The name, address and telephone number of the person who will
be conducting the blasting, and a copy of the blaster's license
to purchase, own, possess, transport and use explosives and a certificate
of competence.
(c)
The time, date and location blasting is scheduled to begin.
(d)
The name(s) and address(es) of the owners of property within
400 feet of the boundary of the property on which blasting is proposed
to take place as taken from the most recent tax roll of the Town of
Kent.
(e)
Unless otherwise modified by the Fire Inspector pursuant to Subsection B(2) below, a preblast condition survey of the site, based on a current boundary survey of the property on which blasting is proposed, where one inch equals 30 feet in scale or such other scale as may be deemed acceptable by the Fire Inspector, showing all structures located within 1,000 feet of the blast site, together with a description of each structure within said distance. Any property owner owning lands located within 1,000 feet of the blast site and who is subject to a preblast condition survey as set forth herein, shall be furnished a copy of the survey and the description of his or her property upon request and at no cost. In addition:
[1]
The structures to be shown on the preblast condition survey
and described in writing shall include, but not be limited to, residences;
buildings; accessory structures; swimming pools; tennis courts; roads;
driveways; utility poles and lines; water and sewer facilities, including
wells, septic fields and associated piping; and underground cables
and utilities of record.
[2]
The written description of each structure shall include reports,
photographs, videotape, and other documentation as may be required
to sufficiently delineate and describe the existing condition of all
surveyed structures and utilities, except where access to a property
is denied by the owner. In the event an owner denies access to a property
for purposes of conducting a preblast condition survey, evidence of
such denial shall be in writing signed by the owner or by the failure
of the owner to respond within 21 days of the date of mailing of the
applicant's written request for access as evidenced by certified
first class U.S. mail, return receipt requested.
[3]
The written description of each structure surveyed shall be
based on a personal inspection by a firm(s) or person(s) qualified
to perform such inspections, to note the interior and exterior condition
of all residences, buildings, structures, and utilities, including
foundations, walls, sidewalks, and pools except where access to the
property has been denied. The survey shall also include an assessment
of existing radon levels in residential structures located within
1,000 feet of the blast site. The radon evaluation shall also include,
to the extent practicable, an assessment of radon releases from groundwater
use within residential structures.
[4]
Where a preblast condition survey indicates there are electric
transmission lines within 1,000 feet of a proposed blast site, the
Fire Inspector or his representative may require testing to determine
the presence and level of errant electrical current in the area. If
testing indicates the presence of errant electrical current in the
vicinity where explosives are to be detonated at a level sufficient
to pose a potential threat to public safety, the Fire Inspector may
require that any blasting be conducted solely by use of nonelectrical
detonation.
[5]
The Fire Inspector may, in his sole discretion, require that
the preblast condition survey be accompanied with a videotape or photographs
showing each building and structure and any particular features as
he may direct.
(2)
The Fire Inspector may waive or modify the preblast condition survey requirements in Subsection B(1)(e) above, where the Fire Inspector determines that the constant peak particle velocity (PPV) at the nearest residential structure would not exceed 0.5 inch per second. A decision by the Fire Inspector to waive or modify the preblast condition survey requirements shall be based on: the results of a controlled test blast conducted with small test blasting charges and measured with seismographs to determine the amount of vibration loss over distance through rock and soil cover; or such other data regarding geologic surface and subsurface conditions on the site and the amount of explosives to be employed during a blast event(s) that conclusively establish, in the sole opinion of the Fire Inspector, that the requirements of this section would be met. All controlled test blasts shall be conducted only upon prior notice to the Fire Inspector, who may issue a temporary permit to conduct such limited test blasts as may be required to collect blast data.
(3)
Based on the application and the preblast condition survey, if any,
the Fire Inspector shall estimate the cost of monitoring compliance
with this chapter and furnish such estimate, together with a basis
for his calculation, to the applicant. Before any permit is issued,
the estimated cost of inspection services shall be deposited with
the Town, held in escrow, and applied to reimburse the Town for costs
and expenses actually incurred in connection with administering compliance
with this chapter. Where the estimated amount deposited is insufficient
to cover the Town's costs, the property owner and the applicant
shall be responsible for any balance due. Where the estimated amount
deposited with the Town exceeds the costs incurred, the balance shall
be refunded.
(4)
The application for a permit to use explosives shall be signed by
both the applicant and the blaster. In addition, the applicant shall
sign an acknowledgment stating, under the penalties of perjury, that
all information provided in the application or in support of the application
is true and accurate. The blaster shall also sign an acknowledgment
stating that he has read the entire application, that in his opinion
blasting at the particular location can be conducted safely, without
unreasonable risk, and that, under the penalties of perjury, the blaster's
state license is valid, that he is fully authorized to conduct the
type of activity set forth in the application and that he agrees to
abide by all state and federal safety standards.
(5)
A permit to conduct blasting shall be effective for a specific project
and specific period of time, not to exceed one year. The Fire Inspector
shall have sole discretion to set the term of any permit issued under
this section.
(6)
Expiration, revocation or cancellation of the blaster's state
license shall automatically void any permit issued under this chapter.
(7)
No blast shall be initiated at any location within the Town unless
a written permit to conduct blasting has first been obtained and signed
by the Fire Inspector authorizing blasting at the specific location.
(8)
The Fire Inspector may add to any permit issued under this chapter
whatever terms and conditions deemed necessary to protect public health,
safety and welfare.
(9)
No permit holder shall transfer or assign a permit issued under this
chapter.
(10)
The failure of an applicant to provide any information requested
by the Fire Inspector in support of an application for a permit shall
be grounds to deny an application or revoke a permit.
(11)
Each applicant must furnish proof of general liability insurance,
workmen's compensation insurance, and surety as set forth herein.
(12)
The application shall be accompanied by a permit fee in an amount set by the Town Board, together with any review fees pursuant to Chapter 55 that the Fire Inspector may also determine are necessary to cover the cost of retaining one or more consultants to assist in the review of the application.
(13)
The Fire Inspector or his representative may also request the
applicant to supply any other, additional information that may be
deemed necessary to protect the health and safety of the public or
to prevent damage to property.
C.
Any person applying to use explosives or blasting agents to demolish
any structure in excess of 25 feet in height shall agree to assume
the cost of any engineering analysis, public safety survey, environmental
review or other technical study deemed necessary by the Fire Inspector
to determine if and how blasting can be conducted safely.
A.
Inspection. Because of the compelling and overriding public safety
issues involved in the handling and use of explosives, the Town Building
Inspector, the Fire Marshal, the Fire Inspector, the Code Enforcement
Officer, and any member of the Police Department may inspect any vehicle,
structure, dwelling, construction site, workplace or other area where
explosives are manufactured, sold, possessed, stored or used within
the Town for the limited purpose of ascertaining and verifying compliance
with this chapter.
B.
Inspection fee. The fee for inspection(s) as set forth above shall be established by the Town Board. Said inspection fee may also, from time to time and at the discretion of the Fire Inspector, include a fee pursuant to Chapter 55 of the Town Code to cover the cost of retaining one or more persons or firms to assist in conducting such inspections.
C.
Recovery of costs. At the sole discretion of the Town, the reasonable
and necessary costs incurred by the Town for inspection(s) shall be
charged against the real property that is the subject of the inspection
by adding that charge to and making it a part of the next annual real
property tax assessment roll of the Town. Such charges shall be levied
and collected at the same time and in the same manner as Town-assessed
taxes and shall be paid to the Town Comptroller, to be applied in
reimbursing the fund from which the costs of inspection under this
chapter were paid. Prior to charging such assessments, the owners
of the real property shall be provided written notice to their last
known address of record, by certified mail, return receipt requested,
of an opportunity to be heard and object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
D.
Permit revocation. The Fire Inspector may, on his own initiative
or at the request of any other official, revoke or modify a permit
issued pursuant to this chapter where it appears the permit holder
has violated any local, state or federal rule or regulation, including
but not limited to a false statement or representation on the application
for a blasting permit or violation of any applicable safety standard
or where the Fire Inspector determines that public safety has been
compromised. The Fire Inspector may modify or revoke a permit by notifying
the permit holder or his representative, orally or in writing, that
the permit has been modified or revoked. Where a permit has been revoked,
the Fire Inspector shall send a written notice of revocation to the
permit holder by first class mail without unnecessary delay, but not
later than five working days after revocation, setting forth the reasons
the permit was revoked. The notice of revocation shall include a statement
informing the permit holder of his right to appeal such revocation
by filing a notice of appeal with the Town Clerk within 20 working
days. Where a permit is modified, the Fire Inspector shall give the
permit holder written notice of the modifications.
E.
Appeals. A permit holder who has had his permit revoked or modified
by the Fire Inspector may appeal and seek relief from the modifications
or reinstatement of the permit. An appeal pursuant to this section
shall be heard by the Chief of Police, the Town Engineer and the Building
Inspector, or any of their deputies, sitting as a board of appeals.
The Fire Inspector shall appear and state his findings and the reasons
for revoking or modifying the permit. The permit holder and/or the
blaster shall be offered the opportunity to appear and present evidence
why the permit should not be modified or revoked. The appeal board
may sustain the Fire Inspector's decision to revoke a permit,
reinstate any permit or amend any modifications imposed by the Fire
Inspector. Where the board reinstates a permit, the board may amend
the permit by adding whatever terms and conditions it deems necessary
to protect public health, safety and welfare. The decision of the
appeal panel shall be final.
A.
The manufacture of explosives or blasting agents shall be prohibited
unless such manufacture is authorized by the Fire Inspector.
B.
The storage of explosives and blasting agents is prohibited within
the limits established by law as the limits of the district in which
such storage is to be prohibited, except for temporary storage for
use in connection with approved blasting operations; provided, however,
that this prohibition shall not apply to wholesale and retail stocks
of small-arms ammunition, explosive bolts, explosive rivets or cartridges
for explosive-actuated power tools in quantities involving less than
500 pounds of explosive material.
C.
The Fire Inspector may limit the quantity of explosives or blasting
agents to be permitted at any location.
D.
No person shall sell or display explosives or blasting agents on
highways, sidewalks, public property or in places of public assembly.
E.
The Fire Inspector may designate the location and specify the maximum
quantity of explosives or blasting agents which may be loaded, unloaded,
reloaded or temporarily retained at each terminal where such operations
are permitted.
F.
Shipments of explosives or blasting agents delivered to carriers
shall comply with United States Department of Transportation regulations.
G.
Carriers shall immediately notify the Fire Inspector when explosives
or blasting agents are received at terminals.
H.
No person shall be issued a permit under this chapter to use explosives
or blasting agents within the Town of Kent unless said person possesses
a valid and current certificate of competence and a blasters license
issued by the State of New York. No person shall load holes unless
said person possesses a valid and current certificate of competence.
A.
No blasting shall be initiated at any location within the Town limits
unless a written permit has first been obtained from Fire Inspector
authorizing blasting at the specific location.
B.
At all times during blasting the blaster designated in the application
for a blasting permit shall be present and on-site during all blasting
operations and shall be deemed to be authorized to act on behalf of
the applicant for all administrative purposes.
C.
Blasting may be conducted when authorized by permit Monday through
Friday between the hours of 8:30 a.m. and 4:00 p.m. Blasting is prohibited
Saturdays, Sundays and legal holidays.
D.
Blasting conducted within the Town must comply with the terms of
the permit and, in addition, all applicable state and federal health
and safety standards.
E.
At least five business days prior to the scheduled start of blasting,
the permit holder shall request a preblast meeting with the Fire Inspector
to review and finalize the proposed blasting plan. No blasting shall
be conducted unless a preblast meeting has been held with the Fire
Inspector and the Fire Inspector is satisfied that the proposed blasting
plan is reasonable.
F.
Each blasting permit holder shall establish and delineate a blast
zone prior to detonating a blast. The blast zone must be clearly marked
and adequate precautions implemented to prevent unauthorized entry
into the area.
G.
Prior to each blast, the blaster or his designee shall be responsible
for notifying all persons in the general area that blasting operations
are scheduled to begin within a specified period of time. In addition,
the blaster shall sound a recognized whistle, siren or horn loud enough
to be heard throughout the designated blast zone approximately three
minutes prior to blasting and again 30 seconds prior to blasting,
warning all persons that blasting is imminent.
H.
The Fire Inspector or his representative shall be permitted access
to observe all aspects of the blasting operation, including but not
limited to observation of all preblast preparatory site work, the
explosion/detonation and access to the post-blast site. The property
owner shall reimburse the Town for the cost of all inspection services,
including the cost of retaining an on-site inspector to monitor all
aspects of blasting, where the Fire Inspector deems such services
necessary, by depositing the estimated cost of inspection services
in a designated account to be held in escrow by the Town and applied
to reimburse the Town for costs incurred in administering compliance
with this chapter. The permit holder and the blaster shall, upon request,
make available to the Fire Inspector a copy of all seismic readings
and any and all other documentation and data collected regarding any
blast.
I.
The blasting permit holder shall notify the Fire Inspector or his
designated representative and the Police Department of an impending
blast at least two hours, but not more than 12 hours, prior to the
time each blast is scheduled.
J.
The applicant shall be responsible for any costs incurred by the
Town in providing police, emergency services or any other personnel
deemed necessary to ensure public safety.
K.
No blasting shall be performed in such a manner or under such circumstances
as to eject debris into the air so as to constitute a hazard or danger
or do harm or damage to persons or property. In addition:
(1)
No person shall use a quantity of explosives greater than necessary
to break or move the target material or use an amount of explosives
that poses a risk of injury to persons or property.
(2)
Covering blasts. Before firing any blasts, except where the
same is in a tunnel, the material to be blasted shall be covered on
the top and sides with blasting mat(s) or construction using timber,
held securely together by strong chains or ropes of iron or steel,
and covered with sheets of tin or heavy woven matting of rope or wire.
The Fire Inspector, in his sole discretion, may waive the use of blasting
mats or other cover where his evaluation of field conditions indicates
that the use of such covers is not necessary to protect the public
health and safety.
(3)
Firing. It shall be unlawful to explode a blasting charge by
means of time, slow-burning or safety fuses or by any means other
than some form of electrical apparatus. At least three minutes before
firing a blast, the blaster shall give warning thereof by causing
a competent man, carrying a red flag, to be stationed at a reasonable
distance from the blast at each avenue of approach or point of danger.
(4)
Shoring. The blasting of rock contiguous to any structure shall
be so conducted as not to cause damage thereto. To this end, weak
walls or other supports shall be shored up, and rotten or decomposed
rock shall be removed only by use of gads, picks or crowbars. When
blasting in the vicinity of a weak structure is unavoidable, only
light face blasts with short lines of resistance and charges shall
be used.
(5)
Tamping. Blasting charges shall be tamped only by means of wooden
tamping rods, and explosives shall be pressed or set into place by
steady, even pressure only. All strokes or blows with the tamping
rods are forbidden, and no tamping rod shall be used which is frayed
or split at the end.
(6)
Unexploded charge. Immediately after firing a blast, the blaster
shall cause all debris to be removed and shall thoroughly examine
the rock and the drill holes to ascertain whether there remains any
unexploded charge, and until this is done, no drills shall be set
up. In case a charge shall fail to explode, it must be exploded by
drilling one hole at least 12 inches away, which shall be loaded and
fired in the usual manner, but in no case shall the charge and tamping
be removed from the hole without the special permission of the Fire
Inspector. In case a blast shall fail to carry away the entire drill
hole and leaves the lower part intact, no further drilling shall be
done in that hole.
(7)
Blaster's helpers. No person shall load holes in blasting
operations except the blaster authorized by the license; provided,
however, that while holes are being actually loaded, drillers and
drill helpers may act as blaster's helpers under the direct supervision
and responsibility of the licensed blaster.
(8)
Capping cartridges. Cartridges, while being capped, shall be
removed from any magazine to a distance of not less than 50 feet and,
after being capped, shall not be returned to a magazine. Cartridges
shall be capped only as required for the work and for immediate use.
L.
Unless otherwise permitted by the Town Fire Inspector, all holes
drilled or otherwise excavated for holding an explosive charge shall
be at least six feet deep. If, however, the permit holder/blaster
can demonstrate a need to use a hole less than six feet deep and that
such a cavity will not endanger public safety, the Town Fire Inspector
or his designated representative may, in his discretion, authorize
the use of blast holes less than six feet deep.
M.
The blaster shall plan each blast and take every precaution in loading,
delaying, initiation, confinement and stemming to control the throw
of rock fragments and debris and limit ground vibrations and the effect
of air concussions to the greatest extent possible. When blasting
is to be conducted within 50 feet or less of a property line and the
adjacent property owner is not a party to the blasting operation,
the blaster shall take all precautions practicable, utilizing any
combination of recognized methods, to control blasting effects to
the greatest degree possible.
N.
A record of each blast shall be kept by the blaster on a form approved
by the Town Fire Inspector. All such records shall be retained by
the permit holder and blaster as prescribed by state law and made
available for inspection as a matter of public record.
(1)
The permit holder shall record the following information for
each blast and provide the Fire Inspector with a duplicate copy at
the end of each day:
(a)
The name and license number of the blaster.
(b)
The location of the blast.
(c)
The date and time of each blast.
(d)
The number of blasts.
(e)
The number, diameter and depth of each hole and distance between
holes.
(f)
The burden depth.
(g)
The stemming length.
(h)
The make and type of explosives.
(i)
The delay make, number and period.
(j)
The weather conditions, including temperature, wind direction
and speed.
(2)
In addition, the following seismograph information must be recorded
for each blast, with a duplicate copy provided to the Fire Inspector:
(a)
The seismograph serial number.
(b)
The range/gain setting.
(c)
The date of last shake table calibration and microphone calibration.
(d)
The air channel low frequency limit.
(e)
The exact seismograph location and location in relation to the
blast.
(f)
The peak over pressure readout.
(g)
The peak particle velocity readout.
(h)
The name of the operator.
O.
Accident notification. Where an accident involves personal injury,
the permit holder shall immediately notify the Fire Inspector that
an accident has occurred, and no further blasting shall be conducted
until the Fire Inspector has had an opportunity to review the accident
report and the permit. Any injury, accident or misfire involving explosives
shall be recorded, and a full written report shall be attached to
the blast report filed with the Fire Inspector, including the names
of all participants and witnesses and remedial actions taken. The
Fire Inspector may require such additional, specific information from
the blaster as he deems necessary and appropriate to assure the public
health and safety. Following an accident involving personal injury,
the Fire Inspector may amend the permit by adding whatever additional
restrictions are deemed necessary to assure public health and safety
is maintained and another similar accident does not reoccur.
A.
The maximum allowable concussion or air blast resulting from blast
operations shall not exceed 130 decibels peak, measured at a flat
frequency response (PMS two decibels) over the range of at least six
to 200 hertz.
B.
When blasting is of a continuing nature, 124 to 130 decibels shall
be the acceptable range.
C.
The permit holder shall report each blast exceeding acceptable parameters
to the Fire Inspector within 24 hours. Following a blast exceeding
acceptable parameters, the Fire Inspector shall have the authority
to order blasting operations to be suspended, altered or stopped.
A.
Not more than 20 days nor less than three days prior to a scheduled
blast, the permit holder shall serve a notice of intent to blast,
stating when and where blasting activity is scheduled to occur, on
each occupant or user of each structure, commercial or residential,
within 400 feet of the boundary of the property on which blasting
is proposed and upon the owner or owners of any parcel of property
immediately adjoining or abutting the parcel of property on which
the blasting is to take place, regardless of the distance an adjoining
owner is from the blast site. The notice shall include the blasting
permit number, the permit holder's name, and emergency telephone
numbers for police, fire and ambulance service and the time and location
of each scheduled blast. A copy of the notice of intent to blast must
be submitted to the Fire Inspector for his review and approval prior
to distribution.
B.
The notice of intent to blast may be served by either personal service
or certified mail. In the event that neither personal service nor
certified mail can be effected, the applicant may request authorization
from the Fire Inspector to serve the notice of intent to blast by
posting a copy of such notice in each building or dwelling in a conspicuous
place where it is reasonable to believe that persons entering or leaving
the premises will see such notification.
C.
In the case of multi-occupancy structures, residential and commercial,
located within 400 feet of the blast site, the notice of intent to
blast shall be conspicuously and continuously posted at all commonly
used entrances to the structure at least 20 and not less than three
days prior to blasting. It shall be the blaster's responsibility
to ensure that notice is unobstructed and remains posted at the structure.
A.
Liability insurance. The permit required in § 38-12 shall not be issued until the applicant shall submit to the Town of Kent a certificate of general liability insurance in the amount of $1,000,000 for personal injury and $100,000 for property damage, executed by the carrier or its authorized representative. The certificate shall provide that said policy will not be canceled except on 30 days' notice in writing to the Town of Kent. Should the Fire Inspector determine that the requirements of a particular case and the danger involved require public liability insurance coverage in greater amounts than above specified, he shall immediately certify his determination to the Town Clerk and simultaneously request that the Town Board fix the policy limits. The Town Board shall meet as expeditiously as possible for said purpose, and said Town Board is hereby authorized and empowered to fix the policy limits in such amount or amounts as the Town Board shall deem commensurate with the scope of the blasting operations and the dangers involved, not exceeding, however, the following amounts: $2,000,000 for each person injured, $3,000,000 for each accident and $500,000 property damage. Such liability insurance policy shall be issued by an insurance company authorized to do business in New York State and the certificate approved as to form and sufficiency by the Town Attorney, and, after such approval, said certificate of insurance shall be filed with the Town Clerk.
B.
Surety. Before the issuance of any permit required in § 38-12, the applicant shall also file with the Town Clerk a letter of credit which shall be in the form prescribed by the Town Attorney and signed by the applicant as principal and by a solvent surety company authorized to transact business within the State of New York as surety thereon, and must meet with the written approval of the Town Attorney as to form, correctness and sufficiency of surety, and which surety shall indemnify all persons and the Town of Kent against any loss, expense, cost or damages of any kind or nature to persons or property resulting from blasting during the license period. The liability hereby imposed upon the applicant shall be one of absolute liability for any such loss, expense, cost or damages of any kind or nature to persons or property resulting from blasting, with or without trespass, and shall not depend upon any question of negligence upon his part or upon the part of his agents, servants or employees. The neglect of anyone to direct the applicant, his agents, servants or employees to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant from the liability hereby imposed upon him. Said surety, after approval by the Town Attorney, shall be filed with the Town Clerk. Each applicant for renewal shall furnish a surety as hereinabove provided.
A.
Explosives, including special industrial high-explosive materials,
shall be stored in magazines which meet the requirements of this article.
This shall not be construed as applying to wholesale and retail stocks
of small-arms ammunition, explosive bolts, explosive rivets or cartridges
for explosive-actuated power tools in quantities involving less than
500 pounds of explosive material.
B.
Class I magazines shall be used for the storage of explosives when
quantities are in excess of 50 pounds of explosive material.
C.
Class I or Class II magazines shall be used for the storage of explosives
in quantities of 50 pounds or less of explosive material, except that
a Class II magazine may be used for temporary storage of a larger
quantity of explosives at the site of blasting operations where such
amount constitutes not more than one day's supply for use in
current operations.
D.
Class I and Class II magazines shall be located away from inhabited buildings, passenger railways, public highways and other magazines, in conformity with the provisions of the American Table of Distances for Storage of Explosives, except as provided in Subsection E of this section.
E.
The Chief Fire Inspector or the Assistant Inspector duly appointed
by the governing body of the municipality may authorize the storage
of up to 50 pounds of explosives and 500 blasting caps in wholesale
and retail hardware stores or other approved establishments. Explosives
and blasting caps shall be stored in separate Class II magazines at
approved locations on the first floor not more than 10 feet from an
entrance. A distance of 10 feet shall be maintained between the magazines.
Their location shall not be changed without approval of the Chief
Fire Inspector or the Assistant Inspector duly appointed by the governing
body of the municipality.
F.
At the site of blasting operations, a distance of at least 150 feet
shall be maintained between Class II magazines and the blast area
when the quantity of explosives temporarily kept therein is in excess
of 25 pounds, and at least 50 feet when the quantity of explosives
is 25 pounds or less.
G.
Property upon which Class I magazines are located shall be posted
with signs reading "Explosives — Keep Off."
H.
Class II magazines shall be painted red and shall bear lettering
in white, on all sides and on the top, at least three inches high,
reading "Explosives — Keep Fire Away."
A.
Explosives shall not be transported on public conveyances.
B.
Vehicles used for transporting explosives shall be strong enough
to carry the load without difficulty and shall be in good mechanical
condition. If vehicles do not have a closed body, the body shall be
covered with a flameproof and moisture proof tarpaulin or other effective
protection against moisture and sparks. Such vehicles shall have tight
floors, and exposed spark-producing metal on the inside of the body
shall be covered with wood or other nonsparking material to prevent
contact with packages of explosives. Packages of explosives shall
not be loaded above the sides of open-body vehicles.
C.
The attachment of any type of trailer behind a truck, a tractor-semitrailer
or truck-full-trailer combination transporting explosives is prohibited.
Explosives shall not be transported on any pole trailer.
D.
Every vehicle, when used for transporting explosives, shall be equipped
with not less than one appropriate-type fire extinguisher, suitable
for use on flammable liquid fires, filled and ready for immediate
use and located near the driver's seat.
E.
Only those dangerous articles authorized to be loaded with explosives
by United States Department of Transportation regulations shall be
carried in the body of a vehicle transporting explosives.
F.
Every vehicle transporting explosives shall be marked or placarded
on both sides, front and rear, with the word "Explosives" in letters
not less than three inches high on contrasting background.
G.
Blasting caps or electric blasting caps shall not be transported
over the highways of the municipality on the same vehicle with other
explosives except by permission of the Chief Fire Inspector or the
Assistant Inspector duly appointed by the governing body of the municipality.
H.
Vehicles transporting explosives shall not be left unattended at
any time within the municipality.
I.
Vehicles transporting explosives shall be routed to avoid congestion
of traffic and densely populated areas.
[Added 6-21-2011 by L.L. No. 2-2011]
A.
Permits. A local fire permit and an operating permit are required for the sale or use of fireworks, under Article II, § 38-10C. Sections 38-13.3H and 38-13.6A also require a valid and current license by the State of New York and liability insurance policy, that insures the Town of Kent for $1,000,000. All persons must be over the age of 18.
B.
Large firework displays.
(1)
Large firework displays will require the assistance of the local
fire departments and police agencies. To ensure the safety of everyone,
contact these agencies early in the planning stage. Both agencies
have special requirements, which require volunteers and extra manpower.
(2)
Notification needs to be made to the following agencies: Kent Police
Department; Lake Carmel Fire or Kent Fire Department; Town Fire Inspector.
(3)
The following laws and standards are required to be maintained: the
New York State Fire Code; New York Penal Law Article 405; NFPA Code
1123 and 1126.
(4)
The plan. The plan shall be provided to the Fire Inspector for review.
This plan shall provide the following:
(a)
Name of the person, group, or organization sponsoring the production.
(b)
Date and time of day of the production.
(c)
Exact location of the production.
(d)
Name of the person actually in charge of firing the pyrotechnics.
(e)
Number, names, and ages of all assistants who are to be present.
(f)
Qualifications of the pyrotechnic operator.
(g)
Pyrotechnic experience of the operator.
(h)
Confirmation of any applicable state and federal licenses held
by the operator or assistant(s).
(i)
Evidence of the permittee's insurance carrier or financial
responsibility.
(j)
Number and types of pyrotechnic devices.
(k)
Diagram of the grounds or facilities where the production is
to be held. This diagram shall show the point at which the pyrotechnic
devices are to be fired, the fallout radius for each pyrotechnic device
used in the performance, and the lines behind which the audience shall
be restrained.
(l)
Point of on-site assembly of pyrotechnic devices.
(m)
Manner and place of storage of the pyrotechnic materials and
devices.
(n)
Material safety data sheet (MSDS) for the pyrotechnic material(s)
to be used.
(o)
Certification that the set, scenery, and rigging materials are
inherently flame-retardant or have been treated to achieve flame retardancy.
(p)
All materials worn by performers in the fallout area during
use of pyrotechnic effects shall be inherently flame retardant or
have been treated to achieve flame retardancy.
C.
Indoor pyrotechnics displays. Where the use of certain indoor pyrotechnics
requires smoke detectors to be bypassed or air-handling systems to
be disengaged, the Fire Department and the Town Fire Inspector shall
be notified. A representative from the local Fire Department shall
be present for the demonstration. The individual responsible for the
life safety systems of the building shall return those systems to
normal operating conditions as soon as the likelihood of false alarms
from the pyrotechnics has passed. Other regulations shall be following
as referred to, in Penal Code § 405 for indoor displays.
D.
Portable firefighting equipment. Two or more fire extinguishers of
the proper classification and size as approved by the authority having
jurisdiction shall be readily accessible while the pyrotechnics are
being loaded, prepared for firing, or fired. In all cases, at least
two pressurized water or pump extinguishers shall be available. These
extinguishers shall be kept at as widely separated points as possible
within the actual area of the display.
|
Minimum radius of display site needed for outside display
per NFPA 1123
| ||
|---|---|---|
|
Size of shell
(inches)
|
Radius
(feet)
| |
|
Less than 3
|
150
| |
|
3
|
210
| |
|
4
|
280
| |
|
5
|
350
| |
|
6
|
420
| |
|
7
|
490
| |
|
8
|
560
| |
|
10
|
700
| |
|
12
|
840
| |
E.
The discharge site.
(1)
The area selected for the discharge of aerial shells shall be located
so that the trajectory of the shells shall not come within 50 feet
of any overhead object.
(2)
The audience at such display shall be restrained behind lines at
least 150 feet.
(3)
No person shall be allowed within 150 feet of the display.
(4)
No firework shall be displayed with winds that reach 30 mph.
(5)
Ground display pieces shall be located a minimum distance of 150
feet from spectator viewing areas and parking areas.
(6)
Exception No. 1: For ground pieces with greater hazard potential
(such as large wheels with powerful drivers, and items employing large
salutes), the minimum separation distance shall be increased to 300
feet.
(7)
Exception No. 2: All roman candles and multishot devices shall have
the separation distance of 125 feet or 70 feet per inches, of tube
diameter, whichever is greater.
F.
Fallout area.
(1)
The fallout area shall be a large open area.
(2)
Spectators, unauthorized vehicles, watercraft, or readily combustible
materials shall not be located within the fallout area during the
display.
(3)
Fire protection personnel and their vehicles and other emergency
response personnel and vehicles shall remain at or beyond the perimeter
of the display site during the actual firing of the display.
G.
During the display; operational procedures:
(1)
During the firing of the display, all personnel in the discharge
site shall wear head protection, eye protection, hearing protection,
and foot protection and shall wear cotton, wool, or similarly flame-resistant,
long-sleeved, long-legged clothing. The operator and assistants shall
wear personal protective equipment, as necessary, during the setup
and cleanup of the display.
(2)
Wherever, in the opinion of the authority having jurisdiction and/or
the operator, any hazardous condition exists, the fireworks display
shall be postponed until the condition is corrected.
(3)
If, in the opinion of the authority having jurisdiction or the operator,
the lack of crowd control poses a hazard, the fireworks display shall
be discontinued immediately until such time as the situation is corrected.
(4)
If, in the opinion of the authority having jurisdiction or the operator,
the lack of crowd control poses a hazard, the fireworks display shall
be discontinued immediately until such time as the situation is corrected.
(5)
One or more spotters shall watch the flight and behavior of aerial
shells and other aerial fireworks to verify that they are functioning
as intended. If any unsafe condition is detected, such as hazardous
debris falling into the audience, the spotter shall signal the shooter
to cease firing until the unsafe condition is corrected. The spotters
shall be in direct communication with the shooter during the conduct
of the display, with an effective means of informing the shooter of
any hazardous condition.
(6)
In the event of a condition arising requiring the entry of fire protection
or other emergency response personnel into the fallout area or security
perimeter, the display shall be halted until the situation is resolved
and the area is once again clear.
H.
Ground display pieces.
(1)
All ground display pieces shall be constructed, assembled, and stored
in accordance with NFPA 1124, Code for the Manufacture, Transportation
and Storage of Fireworks and Pyrotechnic Articles, or at the display
site.
(2)
To the extent that it is practical, all ground display pieces shall
be positioned outside the discharge area of aerial displays.
(3)
Dry grass or combustible materials located beneath ground display
pieces shall be wet down before the display if they are in sufficient
quantity to be a fire hazard.
A.
Blasting agents or oxidizers, when stored in conjunction with explosives, shall be stored in the manner set forth in § 38-14 for explosives. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements.
B.
Buildings used for the storage of blasting agents separate from explosives
shall be located away from inhabited buildings, passenger railways
and public highways, in accordance with the provisions of the American
Table of Distances for Storage of Explosives.
C.
Semitrailers or full trailers may be used for the temporary storage
of blasting agents, provided that they are located away from inhabited
buildings, passenger railways and public highways, in accordance with
the provisions of the American Table of Distances for Storage of Explosives.
A.
Buildings or other facilities used for mixing blasting agents shall
be located away from inhabited buildings, passenger railways and public
highways, in accordance with the provisions of the American Table
of Distances for Storage of Explosives.
B.
Not more than one day's production of blasting agents or the
limit determined by the American Table of Distances for Storage of
Explosives, whichever is less, shall be permitted in or near the building
or other facility used for mixing blasting agents. Larger quantities
shall be stored in separate buildings or magazines.
