Whereas, the Township of Ocean and its Mayor and Township Committee
are deeply concerned with the adverse health effects of dry cutting
masonry materials, which includes but is not limited to the effects
of silicosis and other respiratory diseases. It is the purpose of
this chapter to prohibit the dry cutting of masonry materials with
limited exceptions.
As used in this chapter, "dry cutting" means the use of a handheld,
gas-powered or electrical, portable chop saw or skill saw without
the use of water to ameliorate air-blown masonry dust.
The use of portable chop saws or skill saws for the dry cutting,
and/or dry grinding of masonry material shall be prohibited within
the Township of Ocean. However, in any instance where it is determined
pursuant to this section, that the use of water in the cutting or
grinding or masonry materials is not feasible, then:
A. The employer is required to use engineering and work practice control
to control the dust;
B. Any dry cutting which occurs is required to be done in a designated
area away from other employees, residents, bystanders or other individuals;
C. The employer is required to provide workers with a full-face respirator
as part of a respiratory program, including the training therein for
the proper selection of respiratory cartridges and fit testing of
respirators;
D. It shall be the responsibility of the employer to insure that all
applicable standards promulgated pursuant to the Federal Occupational
Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.)
be followed.
This chapter shall be enforced by the Township of Ocean Construction
department and/or the Township's Code Enforcement Officer or
any police officer of the Township of Ocean.
A violation of this chapter shall be punishable for a first
offense with a fine not to exceed $50 or by community service of not
more than two days; for a second offense, within the same calendar
year, a violation shall be punishable by a fine of not more than $100
or by community service of not less than five days; for a third offense
within the same calendar year, be punishable by a fine of not less
than $200 or by community service of not less than 10 days or any
combination of fine and community service as determined in the discretion
of the municipal court judge.