[Adopted 11-3-2004 by Ord. No. 04-25C[1]]
A.
Medical and scientific evidence indicates that dust
generated by cutting of masonry substance, be it pavers, bricks, concrete
block, stone or other hard material, as well as dust generated by
the sanding of fiberglass decks and the diffusion into the atmosphere
of bleach where bleach is used by contractors power-washing buildings
is detrimental to the health of persons who come in contact with the
substances so generated.
[Amended 6-17-2005 by Ord. No. 05-17C]
The Board of Commissioners of the Township of Long Beach has determined that the purpose of this article is to protect and promote the public health and welfare of the community by imposing reasonable regulations on the generation of dust and other airborne pollutants from the causes hereinabove set forth and identified in § 105-8.
[Amended 6-17-2005 by Ord. No. 05-17C]
A.
Any person, firm, corporation or other legal entity
engaged in cutting any stone or masonry products, including, without
limitation, brick pavers, bricks, concrete blocks and stone, shall
perform such cutting only by using water-dampened cuffing disks or
water-dampened cutting saws to control as much as may be practicable
the dispersion of dust generated by such cutting; and any person,
firm, corporation or other legal entity sanding any fiberglass product
or fiberglass deck shall do so only with a sander equipped with a
vacuum-type bag to capture to the greatest extent possible the particles
of ground fiberglass generated by the cutting or sanding operation;
and any person, firm, corporation or other legal entity utilizing
bleach when power-washing any building, deck, patio, walkway, driveway
or vessel or any other object in the Township of Long Beach shall
do so in such a way and in such a manner that airborne mist generated
by the power-washing operation, which mist may contain bleach, shall
not be permitted to drift onto any adjoining property but shall be
contained on the site where the power-washing operation is being conducted.
B.
Any person, firm, corporation or other legal entity which violates
any provision of this article shall be subject to a civil penalty
for each offense of not more than $2,000. If the violation is of a
continuing nature, each day during which it occurs shall constitute
an additional and separate distinct offense.
[Amended 3-2-2015 by Ord.
No. 15-05C]
C.
Before any person, firm, corporation or other legal
entity shall engage in cutting any stone or masonry products as hereinabove
described, or engage in sanding any fiberglass product or fiberglass
deck as hereinabove described, or utilizing bleach when power-washing
any building, deck, patio, walkway, driveway, vessel or any other
object as hereinabove described, such person, firm, corporation or
other legal entity shall secure a permit from the Building Department
of Long Beach Township after first completing an application on a
form prescribed by said Building Department.
(1)
The application called for above shall be separate,
apart and in addition to the application required pursuant to §
205-56B(2)(b) of the Code of the Township of Long Beach.
D.
Any person, firm, corporation or other legal entity intending to
demolish or permanently remove all or a substantial portion of any
residential or commercial structure, building or other related improvement
shall be permitted to perform such activity, provided such person,
firm, corporation or other legal entity utilizes the necessary water-dampening
techniques to ensure that dust, debris, particles or other airborne
substances are kept to a minimum during the site-clearing activity
by means of wetting the site or other approved methods. Any person,
firm, corporation or other legal entity shall be required to wash
down all existing sidewalks and roadways on or off the site daily
and after work is complete.
[Added 6-21-2013 by Ord. No. 13-21C]
(1)
The Building Department application associated with the demolition of any residential or commercial structure, building or related improvement shall provide, inter alia, for a certification, signed by the person, firm, corporation or other legal entity securing the permit, that the signator thereto shall be personally responsible and liable to supervise the work to be conducted pursuant to the permit to see to it that all of the work complies with the requirements of this section and that, for a failure of any employee or employees of that person, firm, corporation or other legal entity to abide by the requirements herein set forth in § 105-10, the signatory and any employee or employees shall be subject to the penalties provided in Subsection B above.
[Amended 3-2-2015 by Ord.
No. 15-05C]
E.
The Township designates, charges and authorizes the Director of the
Long Beach Township Construction Inspection Department or the Construction
Official, Code Enforcement Officer and any other public officer(s)
that may be designated by resolution of the Board of Commissioners
of Long Beach Township to carry out the provisions of this article.
[Added 3-2-2015 by Ord.
No. 15-05C]
