[HISTORY: Adopted by the Common Council of the City of Glens
Falls at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A duly licensed person who has secured a permit to perform
blasting in the City of Glens Falls.
Includes an individual, corporation, association, firm or
partnership.
A.
No person shall blast or cause to be blasted any rock or other substance
with any explosive in the City of Glens Falls 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.
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 11-10-2020 by L.L. No. 5-2020]
Such permit, when approved and signed by the Fire Chief or his
designee, 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 Section 459 of Article 16, Industrial Code Rule 39,
of Title 12 of the Official Compilation Codes, Rules and Regulations
of the State of New York. All fees established by the Common Council
must be paid at the time of submission of an application for a permit.
A schedule of all such fees will be available for review in the office
of the City Clerk and in the Fire Department.
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. The cost of such advice
shall be borne by the permittee.
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 Glens Falls 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 Glens Falls 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 500 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. By whatever means
notice is effected, said notice shall be received no less than 24
hours prior to blasting.
B.
Written notice of the date and approximate time of blasting shall,
additionally, be given to the City Clerk, Police Department, Building
Department, Department of Public Works and Water Department no less
than 24 hours prior to blasting.
C.
The applicant shall submit an affidavit of notifications to the Fire
Chief or his designee prior to commencing blasting.
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 Glens Falls in any
manner which violates the provisions of Section 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 Glens Falls. 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.
This chapter may be enforced by the Fire Chief or his designated
agents.
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.
