[Ord. No. 9, § 1, 3-30-1931; L.L.
No. 16-1987, § 1]
(a)
No person except one who has been licensed by the State of New York
or a department or agency thereof shall handle or use either nitroglycerin,
dynamite, black powder or any like substance for the purpose of blasting
within the corporate limits of the Village.
(b)
Every licensee shall carry such license and shall exhibit the same
upon the demand of any police officer or properly authorized officer
or employee of the Village while blasting within the Village.
[Ord. No. 9, § 4, 3-30-1931; L.L.
No. 16-1987, § 8; L.L. No. 6-1999, § 1]
The Building Inspector is authorized to promulgate regulations
and standards, including standards relating to vibrations and concussions,
deemed necessary to protect the public health, safety and welfare.
Such standards shall be promulgated by the Building Inspector and
shall not be effective until approved by the Board of Trustees by
resolution adopted at a public meeting of the Board of Trustees.
[Ord. No. 9, § 5, 3-30-1931; L.L.
No. 16-1987, § 8; L.L. No. 6-1999, § 2]
(a)
Not more than 20 days nor less than five days prior to a scheduled
blast the permit holder shall serve a notice of intent to blast, stating
when and where blasting activity is scheduled to occur, on each occupant
or user of each structure, commercial or residential, within 300 feet
of the proposed blast site and upon the owner or owners of any parcel
of property immediately adjoining or abutting the parcel of property
on which the blasting is to take place, regardless of the distance
an adjoining owner is from the blast site. The notice shall include
the blasting permit number, the permit holders name, emergency telephone
numbers for police, fire and ambulance service and the time and location
of each scheduled blast. A copy of the notice of intent to blast must
be submitted to the Building Inspector for his review and approval
prior to distribution.
(b)
The notice of intent to blast may be served by either personal service
or certified mail. In the event that neither personal service nor
certified mail can be effected, the applicant may request authorization
from the Building Inspector to serve the notice of intent to blast
by posting a copy of such notice in each building or dwelling in a
conspicuous place where it is reasonable to believe that persons entering
or leaving the premises will see such notification.
(c)
In the case of multioccupancy structures, residential and commercial,
located within 300 feet of the blast site, the notice of intent to
blast shall be conspicuously and continuously posted at all commonly
used entrances to the structure at least 20 and not less than five
days prior to blasting. It shall be the blaster's responsibility
to ensure that notice is unobstructed and remains posted at the structure.
[Ord. No. 9, § 6, 3-30-1931; L.L.
No. 16-1987, § 3]
No person shall engage in blasting within the Village of Tuckahoe
without first obtaining a permit from the Village Building Department.
[Ord. No. 9, § 7, 3-30-1931; L.L.
No. 16-1987, § 4; L.L. No. 6-1999, § 3]
(a)
An application for a permit to use or detonate explosives shall require
the following information, as well as any other information the Building
Inspector deems necessary to ensure public health and safety:
(1)
The applicant's full name and address. If the applicant
is a corporation, partnership or other business entity, the name of
each officer shall be separately stated.
(2)
A designated, on-site representative who will be present at
the location during all blasting and authorized to act on behalf of
the applicant for all administrative purposes.
(3)
The name, address and telephone number of the person who will
be conducting the blasting, and a copy of the blaster's license
to purchase, own, possess, transport and use explosives and a certificate
of competence.
(4)
An estimate of how much blasting is anticipated and the type
and amount of material to be ignited or discharged. Where more than
one blast is anticipated, the applicant shall estimate how many separate
blasts are expected and the approximate duration blasting activity
will continue.
(5)
The time, date and location blasting is scheduled to begin.
(6)
A list of all landowners, including name and address, within
a five-hundred-foot radius of the proposed blast site.
(7)
A preblast survey of the site, where one inch equals 30 feet
in scale, showing all structures within a five-hundred-foot radius
of the proposed blast site, together with a description of each structure
within such radius. Any property owner subject to a preblast property
description shall be furnished a copy of the description of his property
upon request. The Building Inspector may, in his sole discretion,
waive all or any portion of the preblast survey depending on the particular
characteristics of the site, the surrounding area and the type of
blasting proposed. The applicant shall, upon request, make a copy
of the preblast survey available to the Building Inspector.
(8)
Where a preblast survey indicates electric transmission lines
within 500 feet of a proposed blast site, the Building Inspector or
his representative may require testing to determine the presence and
level of errant electrical current in the area. If testing indicates
the presence of errant electrical current in the vicinity where explosives
are to be detonated at a level sufficient to pose a potential threat
to public safety, the Building Inspector may require that any blasting
be conducted solely by use of nonelectrical detonation.
(9)
A list of jobs within the last year showing any claims against
the applicant for damage due to blasting.
(b)
Based on the application and the preblast survey, the Building Inspector
shall estimate the cost of monitoring compliance with this article
and furnish such estimate, together with a basis for his calculation,
to the applicant. Prior to the issuance of any permit the estimated
cost of inspection services shall be deposited with the Village, held
in escrow, and applied to reimburse the Village for costs and expenses
actually incurred in connection with maintaining compliance with this
article. Where the estimated amount deposited is insufficient to cover
the Village's costs, the property owner shall be responsible
for any balance due. Where the estimated amount deposited with the
Village exceeds the costs incurred; the balance shall be refunded.
(c)
The application for a permit to use explosives shall be signed by
both the applicant and the blaster. In addition, the applicant shall
sign an acknowledgement stating, under the penalties of perjury, that
all information provided in the application or in support of the application
is true and accurate. The blaster shall also sign an acknowledgment
stating that he/she has read the entire application, that in his/her
opinion blasting at the particular location can be conducted safely,
without unreasonable risk, and that, under the penalties of perjury,
the blaster's state license is valid, that he/she is fully authorized
to conduct the type of activity set forth in the application and that
he/she agrees to abide by all state and federal safety standards.
(d)
A permit to conduct blasting shall be effective for a specific project
and specific period of time, not to exceed 90 days. The Building Inspector
shall have sole discretion to set the term of any permit issued under
this section.
(e)
Expiration, revocation or cancellation of the blaster's state
license shall automatically void any permit issued under this article.
(f)
No blast shall be initiated at any location within the Village unless
a written permit to conduct blasting has first been obtained and signed
by the Building Inspector authorizing blasting at the specific location.
(g)
The Building Inspector may add to any permit issued under this article
whatever terms and conditions deemed necessary to protect public health,
safety and welfare.
(h)
No permit holder shall transfer or assign a permit issued under this
article.
(i)
The failure of an applicant to provide any information requested
by the Building Inspector in support of an application for a permit
shall be grounds to deny an application or revoke a permit.
(j)
Each applicant must furnish proof of insurance as set forth herein.
(k)
The Village Building Inspector may also request the applicant to
supply any other additional information that may be deemed necessary
to protect the health and safety of the public or to prevent damage
to property.
(l)
Each application for a permit shall be accompanied by such a fee
as may be established by the Board of Trustees by resolution adopted
at a public meeting of the Board of Trustees.
[Ord. No. 9, § 8, 3-30-1931; L.L.
No. 16-1987, § 5; L.L. No. 6-1999, § 4]
(a)
Before any permit is issued pursuant to this article, the applicant
shall submit proof of insurance by supplying a certificate of insurance,
issued by an insurance company authorized to do business in the State
of New York, stating that the applicant has insurance coverage in
effect for workers' compensation, liability and property damage
and a specific endorsement stating that coverage includes liability
arising from handling or using explosive materials and conducting
blasting activity. Insurance coverage shall be not less than $3,000,000
for general liability, including bodily injury to any one person and,
subject to the same limit for each person, not less than $5,000,000
for any occurrence, plus insurance for property damage of not less
than $3,000,000. The insurance certificate shall name the Village
as an additional insured. In addition, the certificate shall contain
a statement that the policy or policies covering the insured will
not be canceled, terminated or modified by the insurance company unless
30 days' notice is given to the Village and such change or modification
is mutually agreed to.
(b)
The applicant shall also furnish a notarized statement agreeing to
indemnify and hold the Village harmless from any and all claims, actions
and proceedings brought by any person, firm or corporation for any
injury to any persons or property resulting, directly or indirectly,
from the applicant using, storing, handling, transporting or manufacturing
explosive material or conducting blasting activity and, moreover,
stating the applicant will defend and indemnify the Village against
any action brought by any third parties as a result of operating under
a Village permit issued under this article.
(c)
No permit shall be issued unless and until the applicant has complied
with these insurance requirements and provided an agreement indemnifying
and holding the Village harmless for any and all damage and injury.
[Ord. No. 9, § 9, 3-30-1931; L.L.
No. 16-1987, § 6]
The Village Building Department may at any time revoke any permit
when, in its opinion, blasting is not being performed safely and in
accordance with the provisions of this article.
[Ord. No. 9, § 10, 3-30-1931; L.L.
No. 16-1987, § 8]
The provisions of this article with respect to the conduct of
blasting within the Village of Tuckahoe shall be considered as minimum
requirements and all persons performing blasting within said Village
shall be under a duty to take all necessary steps to properly safeguard
and protect lives and property.
[Ord. No. 9, § 11, 3-30-1931; L.L.
No. 16-1987, § 7]
Any person who himself or by his agent or employee shall violate any of the provisions of this article or who, having had a license or permit revoked, shall continue to blast shall, upon conviction, be punished by a penalty as prescribed in § 1-7; and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person.
[L.L. No. 6-1999, § 5]
(a)
No blast shall be initiated at any location within the Village limits
unless a written permit has first been obtained from the Building
Inspector authorizing blasting at the specific location.
(b)
Blasting conducted within the Village must comply with the terms
of the permit and, in addition, all applicable state and federal health
and safety standards.
(c)
At least 10 business days prior to the scheduled start of blasting,
the permit holder shall request a preblast meeting with the Building
Inspector to review and finalize the proposed blasting plan. No blasting
shall be conducted unless a preblast meeting has been held with the
Building Inspector and the Building Inspector is satisfied that the
proposed blasting plan is reasonable.
(d)
Each blasting permit holder shall establish and delineate a blast
zone prior to detonating a blast. The blast zone must be clearly marked
and adequate precautions implemented to prevent unauthorized entry
into the area.
(e)
Prior to each blast, the blaster or his designee shall be responsible
for notifying all persons in the general area that blasting operations
are scheduled to begin within a specified period of time. In addition,
the blaster shall sound a recognized whistle, siren or horn loud enough
to be heard throughout the designated blast zone approximately three
minutes prior to blasting and again 30 seconds prior to blasting,
warning all persons that blasting is imminent.
(f)
The Building Inspector or his representative shall be permitted access
to observe all aspects of the blasting operation, including but not
limited to observation of all preblast preparatory site work, the
explosion detonation and access to the postblast site. The property
owner shall reimburse the Village for the cost of all inspection services,
including the cost of retaining an on-site inspector to monitor all
aspects of blasting, where the Building Inspector deems such services
necessary, by depositing the estimated cost of inspection services
in a designated account to be held in escrow by the Village and applied
to reimburse the Village for costs incurred in administering compliance
with these regulations and standards. The permit holder and the blaster
shall provide to the Building Inspector a copy of all seismic readings
and any and all other documentation and data collected regarding each
blast.
(g)
The blasting permit holder shall notify the Building Inspector or
his/her designated representative and the Police Department of an
impending blast at least two hours, but not more than 12 hours, prior
to the time each blast is scheduled.
(h)
The applicant shall be responsible for any costs incurred by the
Village in providing police, emergency services or any other personnel
deemed necessary to ensure public safety.
(i)
Notwithstanding any other regulations, no blasting shall be performed
in such manner or under such circumstances as to eject debris into
the air so as to constitute a hazard or danger or do harm or damage
to persons or property. Before firing a blast which could cause injury
to persons or damage property from fly rock, the material to be blasted
shall be properly covered or screened by a buffer of sufficient mass
and strength to prevent, with a margin of safety, the ejection of
any material capable of causing any injury or damage.
(j)
No person shall use a quantity of explosives greater than necessary
to break or move the target material or use an amount of explosives
that poses a risk of injury to persons or property.
(k)
Unless otherwise permitted by the Village Building Inspector, all
holes, drilled or otherwise, excavated for holding an explosive charge
shall be at least six feet deep. If, however, the permit holder/blaster
can demonstrate a need to use a hole less than six feet deep and that
such cavity will not endanger public safety, the Village Building
Inspector or his/her designated representative may, in his/her discretion,
authorize the use of blast holes less than six feet deep.
(l)
The blaster shall plan each blast and take every precaution in loading,
delaying, initiation, confinement and stemming to control the throw
of rock fragments and debris and limit ground vibrations and the effect
of air concussions to the greatest extent possible. When blasting
is to be conducted within 100 feet or less of a property line and
the adjacent property owner is not a party to the blasting operation,
the blaster shall take all precautions practicable, utilizing any
combination of recognized methods, to control blasting effects to
the greatest degree possible.
(m)
A record of each blast shall be kept by the blaster on a form approved
by the Village Building Inspector. All such records shall be retained
by the permit holder and blaster as prescribed by state law and made
available for inspection as a matter of public record. The information
contained on the record shall include:
(1)
The name and license number of the blaster.
(2)
The location of the blast.
(3)
The date and time of each blast.
(4)
The number of blasts.
(5)
The number, diameter and depth of each hole and distance between
holes.
(6)
The burden depth.
(7)
The stemming length.
(8)
The make and type of explosives.
(9)
The delay make, number and period.
(10)
The weather conditions, including temperature, wind direction
and speed.
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In addition, the following seismograph information must be recorded
for each blast with a duplicate copy provided to the Building Inspector:
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(1)
The seismograph serial number.
(2)
The range/gain setting.
(3)
The date of last shake table calibration and microphone calibration.
(4)
The air channel low frequency limit.
(5)
The exact seismograph location and location in relation to the
blast.
(6)
The peak over pressure readout.
(7)
The peak particle velocity readout.
(8)
The name of the operator.
(9)
Operator certification,
(n)
Where an accident involves personal injury, the permit holder shall
immediately notify the Building Inspector that an accident has occurred
and no further blasting shall be conducted until the Building Inspector
has had an opportunity to review the accident report and the permit.
Any injury, accident or misfire involving explosives shall be recorded,
and a full written report shall be attached to the blast report filed
with the Building Inspector, including the names of all participants
and witnesses and remedial actions taken. The Building Inspector may
require such additional, specific information from the blaster as
he/she deems necessary and appropriate to assure the public health
and safety. Following an accident involving personal injury, the Building
Inspector may amend the permit by adding whatever additional restrictions
deemed necessary to assure public health and safety is maintained
and another similar accident does not reoccur.
