Terms used in this article shall be defined as follows:
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.
Persons who engage in the transportation of articles or materials
by rail, highway, water or air.
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.
Any public street, alley or road.
Any building or structure approved for the storage of explosives.
Any railway car, streetcar, cab, bus, airplane or other vehicle
transporting passengers for hire.
Includes any steam, electric or other railroad or railway
which carries passengers for hire.
Includes any shotgun, rifle, pistol or revolver cartridges,
percussion caps and primers.
Those facilities used by carriers for the receipt, transfer,
temporary storage or delivery of articles or materials.
One containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate, or a cap of equivalent strength.
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.
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:
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:
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.
Frozen or partly frozen explosives shall not be placed in drill
holes.
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.
