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.
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.
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.
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."
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.