Terms used in this article shall be defined as follows:
BLASTING AGENT
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.
CARRIER
Persons who engage in the transportation of articles or materials by rail, highway, water or air.
EXPLOSIVE
Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term "explosive" shall include all material which is classified as Class A, Class B or Class C explosives by the Interstate Commerce Commission and includes but is not limited to dynamite, black blasting powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse igniters, fuse lighters, squibs, cordeau detonant fuse, instantaneous fuse, igniter cord and igniters.
HIGHWAY
Any public street, alley or road.
MAGAZINE
Any building or structure approved for the storage of explosives.
PUBLIC CONVEYANCE
Any railway car, streetcar, cab, bus, airplane or other vehicle transporting passengers for hire.
RAILWAY
Includes any steam, electric or other railroad or railway which carries passengers for hire.
SMALL ARMS AMMUNITION
Includes any shotgun, rifle, pistol or revolver cartridges, percussion caps and primers.
TERMINAL
Those facilities used by carriers for the receipt, transfer, temporary storage or delivery of articles or materials.
TEST BLASTING CAP NO. 8
One containing two grams of a mixture of 80% mercury fulminate and 20% potassium chlorate, or a cap of equivalent strength.
VEHICLE
A conveyance of any type operated upon the highways.
A. 
The manufacture of explosives and small arms ammunition is prohibited in the City of Yonkers.
B. 
No person shall possess, keep, store, sell, offer for sale, give away, use, discharge, transport or dispose of in any manner any explosives within the City of Yonkers, except by the authority of a written license as provided in this article.
C. 
Certain explosives prohibited. It is prohibited for any person to have, keep, store, sell, offer for sale, give away, use, transport or manufacture any of the following explosives in any quantity:
(1) 
Liquid nitroglycerin.
(2) 
Dynamite (except gelatin dynamite) containing over 60% of liquid explosive ingredient.
(3) 
Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.
(4) 
Nitrocellulose in a dry or uncompressed condition in quantity greater than 10 pounds net weight one package.
(5) 
Fulminate of mercury in bulk in a dry condition and fulminate of all other metals in any condition, except as a component of manufactured articles not hereinafter forbidden.
(6) 
Explosive compositions that ignite spontaneously or undergo marked decomposition rendering the products or their use more hazardous, when subjected for 48 consecutive hours or less to a temperature of 167° F.
(7) 
New explosives, until approved by the Interstate Commerce Commission.
(8) 
Explosives condemned by the Interstate Commerce Commission.
(9) 
Explosives not packed or marked in accordance with the requirements of the Interstate Commerce Commission.
(10) 
Explosives containing an ammonium salt and chlorate.
D. 
No person shall discharge any explosives, except small-arms ammunition and construction devices such as explosive rivets and explosive-driven pins or studs, for purposes other than blasting or demolition operations.
E. 
No person shall sell or give away any explosive, except small-arms ammunition and construction devices such as explosive rivets and explosive-driven pins or studs, to any person not in possession of a license to either possess, transport or use explosives as required by this article.
F. 
Encasement. Except while blasting, no person shall possess or store explosives, unless such explosives are completely enclosed or encased in tight metal, wooden or fiber containers. A person having possession or control of an explosive shall under no circumstances permit any grains or particles of it to remain on the outside of or about its container. Every container shall be plainly marked with the name of the explosive contained therein.
A. 
Any person desiring to possess, keep, store, sell, offer for sale, give away, use, discharge, transport or dispose of explosives as allowed by this article and the New York Uniform Code shall first obtain a license from the Fire Department.
B. 
Applications for licenses and permits must be made in duplicate, in writing, to the Fire Department. The applications must give the name, residence and place of business of the applicant, the nature of the site where any work is to be performed, the intended location of the magazine or magazines and the quantity and kind of explosives to be kept therein.
C. 
No license shall be issued to any applicant proposing to keep or store explosives until the magazine in which it is proposed to store or keep such explosives shall have been examined and approved by the Fire Department.
D. 
No license shall be issued unless all provisions of this article and the New York Uniform Code are satisfied and, if a license for the use or transportation of explosives is sought, unless the licensee or an employee of the licensee also obtains a certificate of fitness pursuant to § 59-60.
E. 
The Fire Commissioner may grant an application in whole or in part, impose conditions in a license and may limit a license as is necessary to protect the public's safety and welfare.
F. 
Except as limited by the Fire Commissioner, a license shall carry with it the right to store, sell, use or transport the necessary quantity of detonators or exploders without additional bond or permit fee.
G. 
Licenses shall be valid for a period of one year and shall not authorize storage or use of explosives in excess of 50 pounds in any one day. Licenses shall be graded in accordance with the amount of explosives to be stored or used.
H. 
If approved, a license shall be issued upon payment of the appropriate permit fee and the filing of a bond in the penal sum of $5,000.
I. 
If the license is approved, the original applications shall remain on file in the Fire Department, and the duplicate shall be returned to the applicant with his license or permit, showing any changes, conditions, limitations or modifications.
J. 
If disapproved, both the original and the duplicate shall be returned to the applicant, with the privilege of filing a new application from which the objectionable features of the first application shall have been eliminated.
All bonds required pursuant to § 59-56 shall be conditioned for the payment to the City or to any person entitled thereto of any loss, damage or injury resulting to persons or property by reason of the use, storage, sale, giving away or transportation of such explosives and for the strict and full compliance with the provisions hereof and with such other regulations pertaining to explosives as may hereafter be lawfully made and enacted and shall be approved as to sureties by the Fire Commissioner and as to form by the Corporation Counsel and shall be filed with the City Clerk.
Licenses or permits are not transferable; and in the case of the change of the owner of a business carried on under a license or a permit, the new owner must obtain a new license or permit, to be issued directly to himself.
On the inside of the door or cover of every magazine, there shall be posted a license in such position as will expose it to full view when the magazine is open.
A. 
No individual shall be permitted to transport explosives, use explosives in blasting, load holes, discharge explosives, have the care of magazines or explosives or care or handle explosives or detonators unless licensed by the New York State Labor Department.
B. 
Each individual desiring a certificate of fitness shall apply, in writing, to the Fire Department.
C. 
In order to receive a certificate of fitness, an individual shall:
(1) 
Be 21 years of age or more.
(2) 
Be licensed by the New York State Labor Department.
(3) 
Have letters of recommendation from the last two employers if the term of the most recent employment has been less than three years; otherwise a letter testifying to good character and capacity from the last employer shall be satisfactory.
(4) 
Be of good character and fitness.
(5) 
Be familiar with the risks incident to the service to be performed and capable of taking all necessary precautions.
D. 
All work with explosives shall be performed only by individuals who have been granted a certificate of fitness.
E. 
If an application for a certificate of fitness is approved, then the applicant shall pay a permit fee prior to issuance of a certificate of fitness.
F. 
A certificate of fitness shall be issued for one year and may be renewed yearly upon payment of the permit fee. The Fire Department may require an individual to comply with any of the requirements of this section at the time renewal is sought.
G. 
If a certificate of fitness is revoked or suspended pursuant to Article II of this chapter, no new certificate shall be issued or reinstated until the certificate holder is issued a new license by the New York State Labor Department.
H. 
A certificate of fitness is not transferable from one individual to another.
A. 
The Fire Commissioner shall approve the location of all magazines and shall require all magazines to be located in a place which will appropriately protect the public's safety and welfare.
B. 
Magazines shall contain only the amount of explosives authorized in the license; and no other explosive, article liable to cause explosion or fire nor any iron, steel or grit shall be placed in the magazine.
C. 
A danger area exists on each side of every magazine in proportion to the quantity of explosive contained therein, and it shall be the duty of the magazine keeper to keep a suitable space clear in its vicinity free from the storage of any material and to prevent the loitering therein of any person.
D. 
Smoking within 10 feet of a magazine containing explosives shall not be permitted.
E. 
Magazines shall have a free space area of at least three feet.
F. 
Only persons who hold certificates of fitness or other authorized persons shall be permitted to have access to the magazines, which shall be kept securely locked when not open for the introduction or removal of explosives or detonators or to inspection by duly authorized officers of the City.
G. 
Caps or other similar explosives of a high order shall not be brought within 20 feet of the magazine.
H. 
Magazines shall at all times be kept clean and free from papers, rubbish, empty packages and other combustible materials.
I. 
Magazines must be kept dry and all moisture kept away from the explosives.
J. 
Before transferring magazines from one location to another, a permit so to do must be obtained from the Fire Department.
A. 
It shall be unlawful to carry or transport explosives in and through the City of Yonkers except in a vehicle propelled, constructed, equipped and maintained in conformity with this chapter and the New York Uniform Code and for which a permit has been issued by the Fire Commissioner. A permit for a vehicle used to transport explosives may be obtained by filing a written application with the Fire Department. No permit shall be issued until the Fire Department inspects the vehicle and certifies that the vehicle conforms with this chapter and the New York Uniform Code. The permittee shall pay the appropriate permit fee prior to issuance of the vehicle permit.
B. 
It shall be unlawful to transport or deliver any explosives between sunset and sunrise, except with the approval of the Fire Commissioner, or to transport more than 1,000 pounds of explosives at any one time through the streets of the City.
C. 
Whenever the vehicle is parked or becomes disabled and remains on the street between sunset and sunrise, it shall be protected by lights, reflectors or other approved warnings visible for at least 200 feet.
D. 
All fuel-tank inlets shall be equipped with a device to relieve excessive internal pressure. Exhaust pipes shall be protected by a properly constructed flame baffle to prevent backfire flames from igniting the contents of motor vehicles.
E. 
Every vehicle shall be equipped with not less than two approved-type extinguishers, suitable for use on flammable liquid fires, filled and ready for immediate use and located near the driver's seat.
F. 
It shall be the duty of the person to whom a permit has been issued to transport explosives over the highways of the City of Yonkers to inspect daily all vehicles used to transport explosives to determine that:
(1) 
Fire extinguishers are filled and in good working order.
(2) 
Electric wiring is completely insulated, firmly secured and not broken or bared.
(3) 
The chassis, motor and body and all other parts of vehicles are clean and free from surplus oil and grease.
(4) 
The fuel tank and feed lines are secure and without leaks.
(5) 
The brakes and steering equipment are in good working condition.
G. 
No sparking metal, sparking metal tools, oils, matches, lighters, firearms, electric storage batteries, flammable substances, acids, oxidizing or corrosive compounds shall be carried in the bed or body or cab of any vehicle.
H. 
Vehicles containing explosives shall not be taken into any garage or repair shop for repairs or storage.
I. 
Vehicles shall not pass fires of any kind burning on or near a public highway or street, unless after proper investigation it is found to be safe.
J. 
Unauthorized persons shall not ride on a vehicle transporting explosives and shall not interfere with or be present during unloading, loading or transportation of explosives.
K. 
Blasting caps or detonators of any kind shall not be transported on the same vehicle carrying explosives.
L. 
Vehicles transporting explosives and traveling in the same direction shall not be driven nearer than 300 feet of each other.
M. 
No person shall smoke or carry matches or any flame-producing device while in a vehicle carrying explosives nor within 10 feet thereof.
N. 
It shall be unlawful to deliver any explosive except in original unbroken packages or at any place other than a duly authorized magazine and to the person in charge thereof, who will store the same properly and only in approved locations. It shall be unlawful for anyone other than a duly authorized person to unload or handle explosives.
O. 
Carelessness or recklessness in conducting or during loading or unloading of a vehicle carrying explosives shall not be permitted.
P. 
No intoxicated person shall be permitted on a vehicle carrying explosives.
No explosives shall be transported through the streets of the City unless bearing a brand duly registered at the Fire Department. The licensee must record at the Fire Department:
A. 
The name of the manufacturer.
B. 
The kind of explosive and, in case of high explosives, such as dynamite, such statement of the strength of the explosive as may be required by the Fire Department.
C. 
The purpose for which the explosives will be used.
A. 
Every licensed vendor of explosives shall provide to the Fire Department each day a copy of the receipt given by the licensee for the deliveries of explosives that day for use within the City, as follows:
(1) 
The date of delivery.
(2) 
The name of the buyer.
(3) 
The point of delivery.
(4) 
The number of pounds and name, character, kind and strength of explosives delivered.
B. 
Such copies shall be numbered consecutively and be mailed at the close of business each day or by 10:00 a.m. the following business day. Such receipt shall be signed by the licensee or by an authorized employee who holds a certificate of fitness.
Each package containing explosives must have the name and brand of the manufacturer and, if packed in a wooden case, must be marked on sides: "Explosives, Dangerous."
A. 
To keep explosives from freezing, or thawing if frozen, only the following methods shall be permitted, unless other methods are authorized by the New York Uniform Code:
(1) 
By a hot-water heater where it is impossible for the maximum degree of heat to exceed the temperature of boiling water.
(2) 
By burying in manure of the receptacles containing explosives.
B. 
All other methods allowed by the New York Uniform Code may be undertaken only upon specific approval in each case by the Fire Department.
In case explosives are not being safely stored or transported, it shall be the duty of the Fire Department to remove the explosives to a place of safety at the expense of the owner thereof.
In order to ensure the safety of surrounding property and persons, no larger charge shall be used than is necessary properly to start the rock. Rock excavating contiguous to any structure shall be so carried on as not to cause damage to such structure. Weak walls or other supports of such structure must be shored up, and rotten or decomposed rock must be removed by the use of gads, pick and crowbars only. When blasting next to such structure is unavoidable, light face blasts only, with short lines of resistance, and small charges shall be used.
In tamping drill holes, wooden rammers shall be used. Tamping by strokes is forbidden and only direct application of pressure permitted. Only one primer shall be used in a drill hole, and great care shall be exercised in placing it and while tamping above and around it.
The quantity of explosive to be used shall not exceed in disruptive force the equivalent of one pound in weight of 40% dynamite for each four feet in depth of hole, unless the hole be of greater depth than 10 feet below the level of the curb or crown of the street adjoining, in which case there may be used for the depth below the ten-foot level one pound in weight of 60% dynamite for each four feet in depth of hole.
Before firing any blasts, except where the same are in tunnel and distant from the face or portal more than 50 feet, the rock to be blasted shall be covered on the top and sides with a regular steel mat for blasting.
Red flags in the hands of competent men shall be placed at reasonable distances from the blasts on all sides to give proper warning at least 15 minutes in advance of firing the blast.
In the event of the charge not exploding, it is forbidden to remove the tamping, but a new hole shall be drilled not nearer than 12 inches to the first one and another charge put in the second hole and fired. In such a case, only one hole shall be loaded and fired near the unexploded charge, and the unexploded and new charge shall both be thoroughly and effectively covered. In the case of an explosion not carrying away the entire drill hole but leaving the lower part intact, it is forbidden to begin drilling from the bottom of the old drill holes, as portions of the former charge may remain and explode when exposed to the blows of the drill.
All explosives or any other articles, the use, sale or keeping of which within the City is prohibited by this article or the New York Uniform Code, shall be subject to seizure and, after seizure, shall, upon three day's notice to the owner or claimant, be sold or destroyed if, in the discretion of the Fire Commissioner, the public safety shall so demand. Such notice previous to sale shall be served by any method authorized in Chapter 55, Fire and Building Code.
Nothing herein contained shall create any liability whatsoever on the part of the City to anyone whomsoever for any act, default or omission on the part of any person, firm or corporation to whom has been issued any license or certificate as aforesaid.