[HISTORY: Adopted by the Town Board of the Town of Carmel 5-11-2011 by L.L. No. 5-2011. Amendments noted where applicable.]
The Town Board of the Town of Carmel takes recognition of requests by residents of the Town of Carmel to impose regulations on the discharge of explosives within the Town so as to promote the peace, good order and safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the Municipal Home Rule Law of the State of New York and Article 16 of the Labor Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- BLAST AREA/BLAST SITE
- The specific parcel(s) or property(ies) where explosive charges are set and detonated.
- BLAST LOCATION
- The actual physical location within a blast area or blast site where explosive charges are set and detonated.
- BUILDING INSPECTOR
- Unless otherwise specified, the Town of Carmel Building Inspector or his/her designated representative.
- ENFORCEMENT AGENCY or AUTHORITY
- The Town Engineer of the Town of Carmel, the Building Inspector of the Town of Carmel or his/her designated representatives.
- Unless otherwise specified, the Town Engineer or his designated representative.
- Gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder and any chemical compound or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol and all quantities of black powder not exceeding five pounds for use in firing of antique firearms or artifacts or replicas thereof. Fixed ammunition and primers for small arms, firecrackers, safety fuses and matches shall not be deemed to be explosives when the individual units contain any of the above-mentioned articles or substances in such limited quantity, of such nature and so packed that it is impossible to produce an explosion of such units to the injury of life, limb or property.
- FIRE INSPECTOR
- Unless otherwise specified, the Town of Carmel Building Inspector or his/her designated representative.
- All ledge or bedrock, boulders or masonry larger than 1/2 cubic yard in volume and any material requiring blasting, barring, chipping, wedging or other methods for removal from its original bed.
No person shall blast or use any explosives in blasting operations in the Town of Carmel unless he/she is a holder of a blaster's license issued by the State of New York and unless he/she obtains a permit for the proposed work from the Building Inspector of the Town of Carmel.
A blaster's permit shall be issued by the Building Inspector of the Town of Carmel upon application on forms prescribed by him. Applicants shall be at least 21 years of age and shall satisfy the Building Inspector as to their experience in handling explosives and ability to use the same without undue risk. Applicants shall submit proof of a state certificate of competence and a license to purchase, own, possess, transport or use explosives as required by the New York State Department of Labor and its regulations by § 482 of the General Business Law.
The permit shall not be issued until the applicant shall furnish a bond in a sum to be fixed by the Town Engineer and in a form acceptable to the Town Attorney. After such approval, said bond shall be filed with the Town Clerk. In addition, each applicant shall secure and deliver to the Building Inspector a liability insurance policy in an amount set by resolution of the Town Board (suggested $3,000,000 per incident/$10,000,000 aggregate) with the Town named as an additional insured. Each application shall be accompanied by a fee in an amount set by resolution of the Town Board. Permits shall expire on December 31 next following the date of their issuance and may be renewed by the Building Inspector for a period of one year on the payment of a registration fee in an amount set by resolution of the Town Board for each renewal. The current permit, license and fee schedule is on file in the Town Clerk's Office. Each applicant for renewal of license shall furnish a bond as herein above provided. A license permit may be revoked if, in the opinion of the Building Inspector, the holder of such permit has proven himself incompetent or careless. If so revoked, no new permit shall be issued to the same person for a period of three months, and then only upon satisfying the Building Inspector of his fitness for such permit.
All bonds herein required shall be conditioned for the payment to the Town of Carmel, in full or in part, or to any person entitled thereto, for any loss, damage or injury resulting to persons or property by reason of any use of any explosives in blasting operations, and for the strict and full compliance with the provisions of this chapter and with such other regulations pertaining to explosives as may hereinafter be lawfully made and enacted. The period or duration of bond shall expire no earlier than one year after the completion of all proposed blasting activity.
Any person, firm or corporation intending to detonate explosives within the Town of Carmel shall, prior to such detonation, apply for a permit to detonate such explosives from the Building Department of the Town of Carmel. Such person, firm or corporation shall supply the Building Department with the following information:
The name of the owner of the property upon which the detonation of explosives is intended to occur.
The business address of the person, firm or corporation proposing to detonate explosives on the subject property.
Evidence of the fact that the person, firm or corporation intending to detonate explosives is duly licensed pursuant to § 458 of the Labor Law of the State of New York.
The precise location of the intended detonation of explosives, as well as the size of charges intended to be detonated and the proposed schedule for detonation of explosives.
Adjacent structures. A description of all structures and utilities, including residential dwellings, garages, swimming pools, tennis courts, etc., located within 500 feet of the blast site and a list of the names and addresses of the owner or owners of any parcel within 500 feet of the blast site on which the blasting is to take place, as shown on the most recent tax rolls of the Town of Carmel.
Notice provisions. As an express condition of issuance of any permit sought hereunder, the applicant shall submit proof of written notice of its intent to commence or conduct blasting operations at the proposed site(s) to all property owners within a five-hundred-foot radius of any proposed blasting operation, either by hand delivery, certified mail, or in such manner as the Building Inspector shall deem appropriate to confer sufficient notice on the aforesaid property owners. Such notice shall include the proposed date(s) and time(s) and locations of the proposed blasting activity.
The permit shall state the location for which it is approved, the date issued, the name of the person or persons authorized to do the blasting and such other information as the Building Inspector may deem necessary. The permit shall be good only for the one location designated therein, shall not be transferable and shall expire not later than one year from the date thereof. Application for such permit shall be accompanied by an inspection fee in an amount set by resolution of the Town Board. The current license and fee schedule is on file in the Town Clerk's office.
If the Building Inspector finds, upon reviewing an application for a blasting permit, that the conduct of such blasting operation will require the Town to hire an outside expert or consultant to review the permit application, to monitor the activity or to offer advice on the placing and firing of the charges, the estimated cost of the services of such outside expert or consultant will be added to the permit fee, and, if the actual fee exceeds the estimate, the licensee shall be required to pay said excess to the Town as part of the conditions of the permit.
Pre-blast inspection/post-blast inspection.
When any actual blast location is proposed or planned to occur within a five-hundred-foot radius of any existing home, structure, roadway, pool, utility or other facility, including but not limited to septic systems, sewer lines/mains/collectors, water distribution mains or services and/or water wells and distribution lines, the Building Inspector shall require that a preblast inspection be performed by the applicant. The preblast inspection should provide reports, photographs and video documentation delineating the existing conditions of such buildings, structures, utilities or facilities. The cost of said inspections shall be borne by the applicant and/or permittee.
Upon review of the preblast inspection reports and field visits, the Building Inspector may determine that a blasting plan be prepared.
The Building Inspector shall require postblast inspection with regard to all blast locations which occur within a five-hundred-foot radius of any existing home, structure, roadway, pool, utility or other facility, including but not limited to septic systems, sewer lines/mains/collectors, water distribution mains or services and/or water wells and distribution lines. Such postblast inspection shall be in accordance with the requirements of Subsection D(1) herein and shall be completed within 12 months of completion of all blasting activity.
The Building Inspector, in his discretion, may direct or require potable water testing be conducted and that the cost of said testing be borne by the applicant and/or permittee.
Blasting plan. When determined necessary by the Town Building Inspector, the applicant shall have prepared a blasting plan for the proposed work. The blasting plan shall be prepared by a professional engineer licensed in New York State and provide the following information:
A performance specification outlining the spacing, diameter and depth of drill holes; number of drill holes to be loaded during any blast; caps, delays, charge weight and sequence per blast; peak particle velocity computations; vibration monitoring program; removal methods; safety measures to protect vehicles and pedestrians; and impacts and mitigation proposed to neighboring properties due to noise, dust, traffic and blasts.
The design of exposed rock faces based on factual representation of bedrock stability as determined by a geotechnical consultant. The design should include profiles of existing and proposed conditions; location of varying stability of bedrock; improvements to control drainage and groundwater; and details of walls, cribbing, rock pinning or other methods proposed to stabilize the face.
Review. The Town Building Inspector, in his review of applications, shall from time to time, as he finds necessary, request the opinion of the Town Engineer in the review of applications, preblast inspections, reports and blasting plans.
It shall be unlawful to blast or carry on any blasting operation after 3:00 p.m. or before 9:00 a.m., nor shall any blasting operation be done on holidays, Saturday or Sunday, except with the approval of the Building Inspector.
No person shall use for a blasting operation a quantity of explosives greater than necessary to properly start the rock. It shall be unlawful to store explosives, fuses, electrical equipment or other apparatus necessary to blast or any equipment involved with exploding or blasting charge, except for covering materials on site overnight.
Before firing any blasts, except where the same is in a tunnel, the material to be blasted shall be covered on the top and sides with timber, held securely together by strong chains or ropes of iron or steel, and covered with sheets of tin or heavy woven material of rope or wire.
It shall be unlawful to explode a blasting charge by means of time fuse, slow-burning or safety fuse or by any means other than some form of electrical apparatus. At least three minutes before firing a blast, the blaster shall give warning thereof by causing a competent person carrying a red flag to be stationed at a reasonable distance from the blast at each avenue of approach or point of danger.
The blasting of rock contiguous to any structure shall be so conducted as not to cause damage thereto. To this end, weak walls or other supports shall be shored up, and rotten or decomposed rock shall be removed only by the use of gads, picks or crowbars. When blasting in the vicinity of a weak structure is unavoidable, only light-face blasts with short lines of resistance and small charges shall be used.
Blasting charges shall be tamped only by means of wooden tamping rods, and explosives shall be pressed or set into place by steady, even pressure only. All strokes or blows with the tamping rods are forbidden, and no tamping rod shall be used which is frayed or split at the end.
Immediately after firing a blast, the blaster shall cause all debris to be removed and shall thoroughly examine the rock and the drill holes to ascertain whether there remains any unexploded charge, and until this is done, no drills shall be set up. In case a charge shall fail to explode, it must be exploded by drilling one hole at least 12 inches away, which shall be loaded and fired in the usual manner, but in no case shall the charge and tamping be removed from the hole without the special permission of the Building Inspector. In case a blast shall fail to carry away the entire drill hole and leaves the lower part intact, no further drilling shall be done in that hole.
No person shall load holes in blasting operations except the blaster authorized in the permit; provided, however, that while holes are being actually loaded, drillers and drill helpers may act as blaster's helpers under the direct supervision and responsibility of the blaster.
Cartridges, while being capped, shall be removed from any magazine to a distance of not less than 50 feet and, after being capped, shall not be returned to a magazine. Cartridges shall be capped only as required for the work and for immediate use.
Any applicant issued a permit pursuant to the terms of this chapter shall be responsible for conducting seismic monitoring and generating records of all seismic readings for any and all blasting activity conducted pursuant to said permit(s). True and exact copies of all such records of seismic readings, as well as preblast surveys, shall be submitted to the Town of Carmel Building Department and shall also be retained by the permittee(s) for a duration of at least five years from the date of issuance of the permit(s).
Any person or corporation violating any of the provisions of this chapter, upon conviction of a first offense thereof, shall be subject to a fine of not more than $2,500 or imprisonment for a term of not more than 15 days, or both, for each offense; upon conviction of each subsequent offense thereof, shall be subject to a fine of not more than $5,000 or imprisonment for a term of not more than 15 days, or both, for each offense. Every violation of any provision of this chapter shall be a separate and distinct offense, and, in case of continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.
This chapter may be enforced by the Building Inspector/Director of Code Enforcement, Property Compliance Officer, and/or Zoning Officer or any other individual designated by duly authorized resolution of the Town of Carmel Town Board.
Immediately upon the enactment of this section, § 59-30 of the Town Code of the Town of Carmel is hereby repealed.