The purpose of this chapter is to establish minimum safeguards
to life, health, and property through reasonable and effective restrictions
relating to the possession and use of explosive materials.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
BLAST ZONE
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive.
BLASTER
A natural person selected and directed by an employer or
the employer's authorized agent to be in charge of blast operations
who is at least 21 years of age; who has training, knowledge and experience
in the transportation, storage, handling, use, detonation, and destruction
of explosives; who is in adequate physical condition to perform the
work of blasting; who is not addicted to the use of narcotics, intoxicants,
or similar types of drugs; who is able to understand and give written
and verbal orders in the English language; and to whom a license and/or
certificate of competence has been issued as required by New York
State law and regulations.
BLASTING
The fracture of any mass by detonation of explosive materials.
BLASTING OPERATIONS
Includes pre-blasting preparatory work on property on which
blasting is to occur, and all times explosives are located on such
property, including blasting and pre- and post-blasting activity.
BUILDING INSPECTOR
The person appointed to be the Village's Building Inspector
and his/her designee.
EXPLOSIVE
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, detonators, pyrotechnics, and other detonating
agents, fireworks and dangerous fireworks as defined in the New York
State Penal Law, 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 cause and is intended to cause an explosion,
but shall not include gasoline, kerosene, naphtha, turpentine, benzene,
acetone, ethyl ether, benzol, or quantities of black powder not exceeding
five pounds for use in the firing of antique firearms or artifacts
or replicas thereof. Fixed ammunition and primers for small arms,
pyrotechnic devices that are designed for and being used for legitimate
wildlife management or controls, safety fuses, and matches shall not
be deemed to be explosives when, as provided by regulations, the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, or 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.
MAGAZINE
Any building, structure, or other enclosure or container,
other than an explosive manufacturing building, used to store explosives,
including portable containers.
PERSON
Includes any natural person, partnership, association, corporation,
or other business entity.
VILLAGE ENGINEER
The person appointed to be the Village Engineer or any consultant
retained by the Village to perform engineering services for the Village,
and his/her/their designees.
In addition to storage requirements set forth by federal, state,
and local laws and regulations, the following provisions shall apply
to the storage of explosives for blasting within the Village:
A. Explosives for blasting shall be kept in a magazine that complies
with all federal and state laws and regulations, is painted red, and
is marked "DANGER."
B. Explosives shall not be placed or stored in a magazine containing
blasting caps, detonators, or electric fuses. These shall be kept
in a separate magazine that is painted red and is marked "DANGER."
C. Magazines shall be secured with tamper-proof locks. Nonportable magazines
shall be completely fenced in, including the top, and warning signs
shall be affixed to such fence.
D. Explosives shall be stored on site only for the minimum duration
necessary to allow for pre-blast preparation, detonation, and cleanup.
In no case shall explosives remain stored on site for longer than
48 hours before or following the completion of blasting operations.
Every applicant seeking a permit under this chapter, as well
as the owner of the property upon which such applicant intends to
detonate explosives, is deemed to consent to the presence of the Building
Inspector and the Village Engineer on the blasting site for the purpose
of inspecting or monitoring the handling, storage, and detonation
of explosives.
If any section, subsection, clause, phrase, or other portion
of this chapter is, for any reason, declared invalid, in whole or
in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.