[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry 3-24-1998 by L.L. No. 3-1998; amended in its entirety 9-23-2014 by L.L. No. 7-2014. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish safeguards to protect
human health, safety and welfare, as well as property, by establishing
reasonable regulations governing the possession and use of explosive
material to ensure that the possession and use of explosive materials
do not result in physical injury or property damage.
A.
This chapter shall apply to each and every person, corporation and
business engaged in the manufacture, sale, transportation, storage,
handling or use of explosives in the Village. This chapter establishes
procedures and standards for the issuance of permits, payment of fees,
recordkeeping, reporting and monitoring compliance. In addition, this
chapter establishes penalties for the failure to comply with these
requirements.
B.
The Village, being presently governed by the provisions of Article 16 of the Labor Law of the State of New York entitled "Explosives," and being subject to such amendments and changes in said Article 16 as may hereinafter be duly enacted, hereby formally adopts, subject to the additional requirements and restrictions contained in Chapter 125, any and all rules and regulations heretofore or hereafter promulgated and adopted pursuant to statutory authority and recognized criteria and accepted industry standards relating to the possession, handling, use, storage and transportation of explosives, including but not limited to the following:
(1)
New York State Labor Law, Article 16;
(2)
Industrial Code Rule 23-11 (12 NYCRR 23-11), "Use of Explosives,"
as amended, effective June 1, 1972;
(3)
Industrial Code Rule 39 (12 NYCRR 39), "Possession, Handling, Storage
and Transportation of Explosives," as amended, effective April 1,
1972;
(4)
NFPA 495-1973; and
(5)
27 CFR 55; 49 CFR 171 through 178 and 49 CFR 390 through 397.
A.
The provisions of this chapter shall not apply to the following:
(1)
The military forces of the United States or its allies, the duly
authorized militia of any state or any police force or fire department,
provided that the same are acting in their official capacity and in
the performance of their public duties.
(2)
The transportation of explosives in interstate or intrastate commerce
regulated by the United States Department of Transportation or the
New York State Department of Labor.
(3)
Model rocketry.
(4)
Employee safety regulated under the Occupational Safety and Health
Act, 29 U.S.C. § 651 et seq.
(5)
Fireworks subject to regulation under Penal Law §§ 270
and 405.
(6)
Small arms ammunition, including smokeless or black powder when possessed
for noncommercial purposes in quantities of five pounds or less.
(7)
Pharmaceutical uses as formulated and prescribed by the official
United States Pharmacopeia, USPC-1980, 20th Edition.
B.
Where an individual makes a written application to the Building Inspector
for an exemption, the Building Inspector may recommend an exemption
where it is evident that compliance would cause an undue hardship
and that public safety would not be compromised by granting relief.
Any recommendation under this section must be as limited in scope
and duration as possible, balancing the hardship caused by compliance
versus the potential danger and threat to public safety of granting
relief. If the Building Inspector recommends an exemption under this
section, he/she shall immediately notify the Village Administrator
of his/her decision and, within five business days, notify the Village
Board stating the facts, the nature of the exemption and the underlying
rationale. The Village Board will then consider whether to grant said
exemption upon notification in accordance with the regulations and
standards adopted by the Village Board.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
A person who holds a valid permit to perform blasting operations.
The fracture of any heavy mass by detonation of explosive
materials.
Any material or mixture consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified as explosive, 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.
A mat of woven steel wire, tires or other suitable material
or construction to cover blast holes for the purpose of preventing
fly rock missiles.
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It means also
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
Any device containing a detonating charge. The term includes,
but is not limited to, electric blasting caps of instantaneous and
delay types, blasting caps for use with safety fuses, detonating-cord
delay connectors and nonelectric instantaneous or delay blasting caps.
Any chemical compound or mixture that is commonly used or intended
for the purpose of producing an explosion that contains any oxidizing
and combustible materials or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion
or by detonation of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant
gaseous pressure is capable of producing destructive effects on contiguous
objects.
The term "explosive," except as specifically stated herein,
does not include:
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
Rock propelled from the blast area by the forces of an explosion.
An explosive material charge that fails to detonate after
an attempt at initiation.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
Written authorization issued by the Village or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
A flow of electricity outside the conductor which normally
carries it.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
A.
No person shall manufacture, possess, sell, store, use or detonate
explosives within the Village unless a permit has been issued by the
Building Inspector in accordance with the procedures and standards
approved by the Village Board in accordance with this chapter.
B.
In order to obtain a permit from the Village, applicants shall pay
a fee in an amount set by the Board of Trustees to cover the cost
of the permit.
[Amended 6-11-2019 by L.L. No.
1-2019]
(1)
The name of the owner of the property upon which the detonation of
explosives is to occur;
(2)
The business address of the person, firm or corporation proposing
to detonate explosives on subject property;
(3)
Proof that the person, firm or corporation to detonate explosives
is duly licensed pursuant to § 458 of the Labor Law of the
State of New York;
(4)
The precise location of the intended detonation of explosives, the
purpose and the necessity of the use of explosives, as well as the
size charge intended to be detonated and the proposed schedule for
detonation of explosives;
(5)
Proof that the person, firm or corporation intending to detonate
explosives has liability insurance and the liability insurance requirements
indicated below are in full force and effect; and
(6)
An indemnification agreement as contained in this section.
C.
Liability insurance. The applicant for a blasting permit shall submit
with his application a certificate of insurance in full force and
effect of comprehensive public liability insurance for all property
damage or personal injury caused by blasting operations in an amount
not less than $3,000,000/$5,000,000 for personal injury and property
damage and shall be issued by a casualty company authorized to do
business in the State of New York. Said certificate of insurance shall
indicate the name and the address of the agent or broker through whom
it was placed, who is responsible for the attesting to the existence
of the coverage and name the Village of Dobbs Ferry as an additional
insured. Said certificates shall provide for 10 days' written
notice to the Village of Dobbs Ferry as to any termination of said
insurance. Receipt of such notice of termination shall be grounds
to revoke a permit for blasting.
D.
Indemnification. The contractor shall indemnify and hold harmless
the Village of Dobbs Ferry and its agents and employees from and against
all claims, damages, losses and expenses, including attorneys'
fees, arising out of or resulting from the performance of blasting
work, provided that each claim, damages, loss or expense is attributed
to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than the blast itself), including the
loss of use resulting therefrom; and is caused in whole or in part
by any act or omission of the contractor, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose
acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
E.
Upon submission of the foregoing information to the Building Department
and payment of the application fee as set from time to time by the
Board of Trustees, the Building Inspector may issue a permit for blasting
to the applicant, if the Building Inspector finds that the applicant
is in compliance with this section and all applicable laws of the
State of New York with respect to blasting. Such permit shall be valid
for a period of 30 calendar days.
A.
Inspection. Because of the compelling and overriding public safety
issues involved in the handling and use of explosives, the Building
Inspector or his/her designee, including any consultants approved
by the Board of Trustees, may inspect any vehicle, structure, dwelling,
construction site, workplace or other area where explosives are manufactured,
sold, possessed, stored or used within the Village for the limited
purpose of ascertaining and verifying compliance with this chapter.
B.
Permit revocation. The Building Inspector may, on his/her own initiative,
revoke or modify a permit issued pursuant to the procedures and standards
set forth by the Building Inspector where it appears the permit holder
has violated any local, state or federal rule or regulation, including
but not limited to a false statement or representation on the application
for a blasting permit or violation of any applicable safety standard
or where the Building Inspector determines that public safety has
been compromised. The Building Inspector may modify or revoke a permit
by notifying the permit holder or his representative, orally or in
writing, that the permit has been modified or revoked. Where a permit
has been revoked, the Building Inspector shall send a written notice
of revocation to the permit holder by first class mail without unnecessary
delay, but not later than five working days after revocation, setting
forth the reasons the permit was revoked. The notice of revocation
shall include a statement informing the permit holder of his/her right
to appeal such revocation by filing a notice of appeal with the Village
Clerk within 20 working days. Where a permit is modified, the Building
Inspector shall give the permit holder written notice of the modification(s).
C.
Appeals. A permit holder who has had his/her permit revoked or modified
by the Building Inspector may appeal and seek relief from the modifications
or reinstatement of the permit. An appeal pursuant to this section
shall be heard by the Village Administrator. The Building Inspector
shall appear and state his/her findings and the reasons for revoking
or modifying the permit. The permit holder and/or the blaster shall
be offered the opportunity to appear and present evidence why the
permit should not be modified or revoked. The Village Administrator
may sustain the Building Inspector's decision to revoke a permit,
reinstate any permit or amend any modifications imposed by the Building
Inspector. Where the Village Administrator reinstates a permit, the
Village Administrator may amend the permit by adding whatever terms
and conditions he deems necessary to protect public health, safety
and welfare. The decision of the Village Administrator shall be final.
Blasting may be conducted when authorized by permit Monday through
Friday between the hours of 9:00 a.m. to 5:00 p.m. Blasting is prohibited
Saturdays, Sundays and legal holidays.
The following additional requirements and restrictions contained
in this chapter are enacted pursuant to the authority granted by Labor
Law § 464-a:
A.
Notice required. Whenever a blasting permit shall be issued under
the provisions of the Village Code, written notice shall be given
by the contractor to the Village of Dobbs Ferry Police Department
and property owners at their respective addresses as shown on the
latest assessment roll of the Village of Dobbs Ferry as to all property
owners and owners of easements within a radius of 1,500 feet from
the location of each blast. This distance may be increased by the
Building Inspector if he determines that a greater area may be substantially
affected by the proposed blasting. Said notice shall state the date
on which blasting is proposed to be commenced and the estimated date
when blasting will be completed. Said notice shall be mailed by the
contractor by certified mail, return receipt requested, at least 14
calendar days before the commencement of blasting, and signs shall
be placed stating the date and approximate time of each proposed blast.
Signs shall be placed at the nearest streets and/or intersections
providing access to all properties within which the blast is to occur.
Signs shall be posted at least three days before commencement of blasting.
An affidavit of mailing of the notices and of the posting of the signs
indicating the name, address and tax designation of each property
and easement owner notified shall be filed with the Building Inspector
before commencement of blasting. Failure to furnish evidence of such
shall be grounds for revocation of a blasting permit by the Building
Inspector.
B.
Recordkeeping.
(1)
It shall be the responsibility of any person, firm or organization
which engages in blasting to maintain verified records of the place,
date, time, number of holes, kind of blasting caps and delay intervals,
name of person in charge of loading and firing and the blasting permit
number, signature of blaster making the report and kind and amount
of the charge set for each blast and also monitor and maintain a permanent
record of all blasts. Such person, firm or corporation shall, upon
demand, provide to the Building Inspector of the Village of Dobbs
Ferry all such records. A record shall be kept of every blast showing
the amount of total powder and number of holes, and all records shall
be maintained at least until the end of the next calendar year in
which the record is made. At least one copy of the records required
by this section shall be maintained at the blasting site at all times.
(2)
The information required to be submitted to the Building Inspector
of the Village of Dobbs Ferry shall clearly indicate the minimum or
maximum permitted values for the criteria indicated herein; including
particle velocity, overpressure, frequency, decibels, duration of
motion, etc. In addition, the values resulting from each blast shall
be indicated alongside so that deviations may be readily ascertainable.
C.
Employment of licensed blaster required. No person, firm or corporation
shall be engaged in blasting in the Village of Dobbs Ferry unless
they have in their continuous employ a blaster who is a holder of
a current blaster's license issued by the State of New York pursuant
to § 458 of the Labor Law and maintained continuously in
force. A photocopy or clear reproduction of the blaster's license
in force shall be kept continuously on file with the Building Department.
D.
Seismograph and air pressure records. It shall be the responsibility
of any person, firm or organization which engages in blasting to maintain
verified records of the place, date, time, number of holes, kind of
blasting caps and delay intervals, name of person in responsible charge
of loading and firing and the blasting permit number, signature of
blaster making the report and kind and amount of the charge set for
each blast and also to monitor and maintain a permanent record of
all blasts. Seismograph and air pressure readings of blasts shall
be taken by a qualified person frequently employed in the business
of seismograph readings and competent to qualify as an expert witness
to the results. The record data shall include identification of instrument
used, name of observer, name of interpreter, distance and direction
of recording station from area of detonation, type of ground at recording
station or location in structure, maximum amplitudes for all components,
as well as resultant for all recorded frequencies of vibrations, duration
of motion in excess of 0.001 inch, frequency of ground motion in cycles
per second, maximum energy ratio or particle velocity and a copy of
photographic records of seismograph readings.
E.
Ground blast and air standards. Peak particle velocity and overpressure
produced by any blast at a distance measured by the distance from
the blast to the closest structure or building not owned or used by
the entity conducting the blast shall not exceed 0.75 inch per second
for frequencies less than 40 hertz (Hz) or 2.0 inches per second for
frequencies of 40 hertz (Hz) or more. In addition, air pressure emanating
from such blast shall not exceed 131 decibels (dB) for high-pass filter
of 0.1 hertz (Hz), or 128 decibels (dB) for a high-pass filter of
two hertz (Hz), or 125 decibels (dB) for a high-pass filter of six
hertz (Hz).
F.
Special storage requirements. Persons issued permits pursuant to § 125-5 of this chapter shall have an amount of explosives [as defined in Subdivision 1 of § 451 of the Labor Law and 12 NYCRR 39.2 (k)] on a blasting site approximately sufficient for only one day of blasting operations. Any unused explosives stored on the blasting site from one day to another shall be kept in magazines constructed, maintained and located on the blasting site in accordance with applicable state rules and regulations (12 NYCRR 39.8 and 39.9), and each and every magazine containing stored explosives shall be covered with a blasting mat constructed in accordance with 12 NYCRR 23-11.4(f), and each such mat shall weigh a minimum of 5,000 pounds. In the event that any such unused explosives are stored as aforesaid, the permit holder shall notify the Police Department of such storage before 6:00 p.m. on each day of any such storage. No explosives shall be stored on a blasting site on Saturdays, Sundays or holidays observed by the Village.
G.
Flagging and posting. At least three minutes before firing a blast,
the person undertaking such blasting operation shall give warning
thereof by causing a competent person(s) carrying a red flag to be
stationed at a reasonable distance from the blast on all sides of
the blast on any path, lane, street, road or highway or other avenue
of approach capable of use by the public. In all cases, signs at least
36 inches by 36 inches, bearing the words "danger, blasting operation
underway - no radio transmission" or similar language printed in red,
shall be posted on all sides of the blast at reasonable distance from
the blast. At least four such signs shall be so posted. Such posting
shall occur at least by 8:00 a.m. on the day of the blast, and such
signs shall be removed after the blasting operations are complete.
H.
Supervision of blasting. The Building Inspector and/or a duly authorized
representative has the authority to supervise a blasting operation
when such supervision is, in his discretion, deemed necessary and
to inspect the storage, handling and size of the charges intended
to be detonated. The Building Inspector or the duly authorized representative
shall also have the authority to inspect blasting sites to ensure
that the provisions of all applicable laws of the State of New York,
Rules and Regulations of the State of New York and local laws are
being complied with. Any cost incurred by the Village of Dobbs Ferry
in conjunction with the supervising of said blasting shall be at the
cost of the applicant.
I.
Preblast survey. It will be the responsibility of the applicant to
provide the Village of Dobbs Ferry with an affidavit listing and inspecting
all properties and easements within a radius of 600 feet from the
location of each blast. These preblast surveys must be available to
any affected property owner or Village of Dobbs Ferry official for
a period of not less than three years from when the permit expires.
Preblast surveys shall include but not be limited to both written
and photographed information. At the discretion of the Building Inspector,
the area of the preblast survey may be adjusted to include additional
properties and/or easements. Preblast surveys must not be over 12
months old at time of application.
A.
Any person, including any owner, agent or corporation, who shall
violate any of the provisions of this chapter or fail to comply with
any provisions shall, following conviction, be guilty of a misdemeanor.
B.
The first violation shall be punishable by a fine not to exceed $2,500.
C.
A second and each subsequent offense shall be punishable by a fine
not to exceed $5,000 and subject to a period of incarceration not
to exceed 20 days.
D.
Any person, including any owner, agent or corporation, who supplies
false information to the Building Inspector in support of a blasting
permit shall, upon conviction, be guilty of a misdemeanor and subject
to a fine not to exceed $5,000 and subject to a period of incarceration
not to exceed 20 days.
E.
The provisions of this chapter may be enforced by either the Building
Inspector or his/her designee.
