The purpose of this chapter is to establish minimum safeguards
to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing the possession and
use of explosive materials. To ensure that the possession and use
of explosive materials does not result in physical injury or property
damage, the Village Board hereby asserts its right to designate acceptable
hours for blasting operations, set levels for the ignition and discharge
of explosive materials and establish acceptable standards governing
consequential vibrations resulting from all blasting conducted within
the Village.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
AIR BLAST
The airborne shock wave or acoustic transient generated by
an explosion.
APPEALS BOARD
The Police Chief, Village Engineer and the Fire Chief convened under §
193-7C to hear appeals regarding the revocation of any permit issued under this chapter.
APPROVED
Acceptable to the Building Inspector or appeals board.
BLACK POWDER
A deflagrating or low-explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
BLASTER
A person who holds a valid permit to perform blasting operations.
BLASTING
The fracture of any heavy mass by detonation of explosive
materials.
BLASTING AGENT
Any material or mixture consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified an explosive, 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.
BLAST ZONE
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
BUILDING
Includes, but is not limited to, any structure or assembly
used for occupancy or storage and subject to the jurisdiction of the
Village Building Department.
BURDEN
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It also means
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
CERTIFICATE OF COMPETENCY
Any authorization to keep, store, transport, manufacture
or use explosives issued under New York State Labor Law Article 16.
CFR
The Code of Federal Regulations in effect on the date this
chapter was last amended.
CLASS A EXPLOSIVE
An explosive possessing detonating or maximum hazard and
means an explosive which is described in 49 CFR 173.53.
CLASS B EXPLOSIVE
An explosive possessing flammable hazard such as propellant
explosives and photographic flash powders and means an explosive described
in 49 CFR 173.88.
COMMERCIAL EXPLOSIVE
Any explosive except a propellant and nitrocarbonitrate,
including but not limited to dynamite, black blasting powder, pellet
powder, initiating explosive, blasting cap, electric blasting cap,
safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse,
instantaneous fuse, igniter cord and igniter.
DELAY INTERVAL
The time interval in milliseconds between successive detonations
of the delay devices used.
DETONATOR
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.
ELECTRIC BLASTING CAP
A blasting cap designed for, and capable of, initiation by
means of an electric current.
EXPLOSIVE
A.
Any chemical compound or mixture that is commonly used or intended
for the purpose of producing an explosion that contains any oxidizing
and combustible materials or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion
or by detonation of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant
gaseous pressure is capable of producing destructive effects on contiguous
objects.
B.
The term "explosive" includes, but is not limited to:
(1)
A commercial explosive, propellant or nitrocarbonitrate.
(2)
A high explosive or a low explosive.
(3)
An explosive material, blasting agent, water gel or detonator.
C.
The term "explosive," except as specifically stated herein,
does not include:
(1)
Small arms ammunition, including smokeless or black powder when
possessed for noncommercial purposes in quantities of five pounds
or less.
(2)
An explosive in a form prescribed by the United States Pharmacopeia.
(3)
Fireworks regulated under state law.
FIREWORKS
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.
FLY ROCK
Rock propelled from the blast area by the forces of an explosion.
FUEL
A substance that may react with the oxygen in the air or
with the oxygen or other oxidizing material yielded by an oxidizer
to produce combustion.
HIGH EXPLOSIVE
Any explosive material which can be caused to detonate by
means of a blasting cap when unconfined.
HIGHWAY
Any public street, road, highway, alley or part of a navigable
stream which is used as a highway of commerce.
LOW EXPLOSIVE
An explosive material which can be caused to deflagrate when
confined.
MISFIRE
An explosive material charge that fails to detonate after
an attempt at initiation.
NFPA
The National Fire Protection Association.
NO. 8 TEST BLASTING CAP
A cap containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate or a cap of equivalent strength.
OXIDIZER
A substance such as a nitrate that yields oxygen or other
oxidizing substance readily to stimulate the combustion of organic
matter or other fuel.
PEAK PARTICLE VELOCITY
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
PERMIT
Written authorization issued by the Village or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
PERSON
Any natural person, partnership, firm, association or corporation.
PROPELLANT
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder for small arms, smokeless powder for
cannons, smokeless powder or solid propellant for rockets, jet thrust
units or other devices.
SEISMOGRAPH
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
SMALL ARMS AMMUNITION
A cartridge for a shotgun, rifle, pistol or revolver and
a cartridge for propellant-actuated power devices and industrial guns.
Military-type ammunition containing explosive bursting charges or
any incendiary, tracer, spotting or pyrotechnic projectile is excluded
from this definition.
SMOKELESS PROPELLANT
A solid propellant, commonly called "smokeless powder" in
the trade, used in small arms ammunition, cannon, rockets or propellant-actuated
power devices.
STEMMING
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.
U.S.C.
The United States Code.
VIBRATION
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
WATER GEL
Any of a wide variety of materials used for blasting that
contain substantial proportions of water and high proportions of ammonium
nitrate, some of which is in solution in the water. Two broad classes
of water gels are those which are sensitized by a material classed
as an explosive, such as TNT or smokeless powder, and those which
contain no ingredient classified as an explosive; these are sensitized
with metals such as aluminum or with other fuels. Water gels may be
classified as Class A explosives, Class B explosives or blasting agents.
Blasting may be conducted when authorized by permit Monday through
Friday between the hours of 8:30 a.m. and 3:00 p.m. Blasting is prohibited
Saturdays, Sundays and legal holidays.
The Police Chief, Village Engineer and Fire Chief, sitting as
a Board of Standards, may supplement this chapter by promulgating
whatever additional rules and regulations are deemed necessary or
desirable to protect the public health, safety and welfare. No rule
or regulation may be effective unless approved by the Building Inspector.
A copy of all rules and regulations promulgated under this section
are to be provided with each application for a permit.
Any person applying to use explosives to demolish any structure
in excess of 25 feet in height must agree to assume the cost of any
engineering analysis, public safety survey, environmental review or
other technical study deemed necessary by the Building Inspector to
determine if and how blasting can be conducted safely.