[HISTORY: Adopted by the Town Meeting of the Town of Rye 3-8-2011 by Art. 21 (Ord. No. 32).[1] Amendments noted where applicable.]
[1]
Editor's Note: Prior to adoption by Town Meeting, this ordinance
was adopted by the Board of Selectmen 8-23-2010, effective 9-24-2010.
It is hereby found and declared that the preservation and promotion
of public safety and the preservation of community peace and quiet
require that the Town of Rye (hereinafter referred to as "Rye" or
"Town") act to assure that blasting within the Town is conducted in
a safe, responsible and proper manner.
This chapter is adopted pursuant to the authority of state law
currently codified as New Hampshire RSA 31:39, I(e) and (n), RSA 154:18,
RSA 154:19, RSA 153:5 and RSA 158:9.
This chapter shall be known as and may be cited as the "Rye
Blasting Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The detonation of an explosive device as defined by NFPA
Standard 495 titled "Explosive Materials Code."
The Chief of the Rye Fire Department or the Department member
designated by the Chief to enforce this chapter.
The Rye Fire Department.
The Chief of the Rye Police Department or the member designated
by the Chief.
The Rye Police Department.
The Rye Board of Selectmen.
The Fire Department, by its Fire Chief, shall administer this
chapter, issue the necessary permits, conduct proper oversight of
all blasting and, in cooperation with other officials, departments
and agencies, enforce the provisions of this chapter.
No blasting shall be conducted within the Town unless a permit
has first been obtained for that purpose. Each permit shall identify
the permit holder and designate the date(s) and time(s) when and location(s)
where blasting may be conducted and shall be valid for no more than
30 days.
Application for a permit to conduct blasting operations shall
be made to Fire Department headquarters during normal business hours,
on a form prescribed by the Fire Department. A current and valid State
of New Hampshire blaster's license and certificate of insurance shall
be submitted as part of the application. An application shall be submitted
no less than five calendar days prior to the first date for which
the permit is being requested.
[Amended 3-10-2020 by Art. 28]
No permit shall be issued unless and until a fee of $75 has
been paid. A check in this amount must accompany the permit application.
Permit applications shall be received, reviewed and the information
contained therein verified as necessary by the Fire Chief. Prior to
issuing any permit the Chief may consult with such federal, state
and/or Town agencies, officials and employees whose area(s) of responsibility
is or may be affected by the proposed blasting operation. Upon review
and verification, the Chief shall approve the application and issue
the permit with any condition(s) necessary to meet the purpose of
this chapter or deny the application. Any denial, along with the reason(s)
for the denial, shall be provided in writing to the applicant.
Upon issuance of the permit, the Chief shall notify by electronic
mail the offices of the Building Inspector, Town Administrator, Police
Chief, Public Works Director and the Board of Selectmen of the permit
issuance citing dates and times of the blasting operation.
[Amended 3-10-2020 by Art. 28]
Prior to any blasting, the permit holder shall conduct a pre-blast
inspection. This inspection shall include all structures within a
minimum distance of 500 feet, or such extended distance as may be
specified on the permit, from the site of the proposed blast. A written
report describing this inspection shall be completed and signed by
the permit holder and be available for review by the Fire Department.
All blasting shall be conducted in compliance with NFPA 1, Fire Code,
NFPA 495, Explosive Materials Code, and the State of New Hampshire
Code of Administrative Rules Chapter Saf-C 1600 (State Police Regulations).
Except as previously approved by the Chief, all blasting within 1,000
feet of any structure shall be covered by a blasting mat(s). The Fire
Department shall be notified at least 24 hours prior to any blasting
within a project and both the Fire and Police Departments shall be
notified at least one hour prior to any shot.
No blasting shall be conducted without a valid permit having
first been obtained. Permit holders shall only conduct blasting operations
between the hours of 8:00 a.m. and 4:00 p.m. No blasting shall be
conducted on weekends or on national or state holidays. No blasting
shall be conducted after an order to cease blasting has been issued
by the Chief and communicated to the permit holder. No drilling shall
take place within 50 feet of any loaded hole(s).
A pre-blast survey shall be conducted by the permit applicant
or a party designated by the permit applicant for an area within 500
feet of the proposed blasting site. The cost of the pre-blast survey
shall be borne by the blasting company. Any reports, measurements
and/or videotapes shall be made available upon request by any or all
abutters within the pre-blast survey.
All abutters within 500 feet of the blasting site shall receive
notification by certified mail three full business days (excluding
Saturday, Sunday and holidays) in advance of the blasting. The office
of the Rye Building Inspector, the Board of Selectmen, and both the
Fire and Police Departments shall also receive by certified mail copies
of the abutter notification.
Prior to visiting any properties for the purpose of conducting
a pre-blast inspection, the permit applicant or his/her designated
agent(s) shall obtain from the Rye Police Chief official credentials
in the form of identification cards to be displayed on their person
for the purpose of showing that the reason for their visit is known
to and approved by the Town of Rye.
The Chief may revoke any permit upon a showing that the permit
holder has violated any provision of this chapter or any requirement
or condition of that permit. In addition, any permit may be suspended
or revoked upon a showing that a condition or conditions exist which
warrant such revocation or suspension. The Chief may restore any permit
that has been revoked upon a showing that the condition(s) leading
to the revocation has (have) been corrected.
Any permit denial, suspension or revocation may be appealed
within 10 working days and not thereafter to the Board of Selectmen.
Any such appeal shall be in writing and shall clearly specify the
facts and circumstances warranting issue or reinstatement of the permit.
The BOS shall order such issuance or reinstatement only on the appellant's
showing that the denial, suspension or revocation complained of was
erroneous. The BOS may also order that appropriate conditions be attached
to any permit that it finds should be issued or reinstated.
[Amended 3-10-2020 by Art. 28]
Any person found to have violated any provision of this chapter
shall be guilty of a violation and shall be punished by a maximum
fine or penalty as provided by applicable state law, which is currently
$1,000. Each violation and/or each day of violation shall be regarded
as a separate offense.
In situations that pose an imminent danger to public safety,
the Chief may, for a limited time, waive such provisions of this chapter
as may be necessary to avoid and/or lessen that danger. The details
of any waiver granted under the authority of this section shall, as
soon as practicable, be reported to the Town Administrator or Board
of Selectmen.
This chapter is intended to complement and supplement and not
conflict with federal and state regulation of blasting operations
and explosives and shall be interpreted in accordance with that intent.
To that end, should the requirements of this chapter differ from any
requirement or regulation prescribed by any law, statute, ordinance,
rule or other regulation governing blasting operations and explosives,
the provision that imposes the higher standard shall govern.
Should any part of this chapter be held invalid or unconstitutional
by a court, such holding shall not affect, impair or invalidate any
other provision of this chapter, and, to such end, all articles, sections
and provisions of this chapter are declared to be severable.
