[HISTORY: Adopted by the Town Board of the Town of Rye 11-21-1950. Amendments noted where applicable.]
This chapter shall be known as an ordinance regulating blasting
and the use of explosives in blasting operations.
No person shall blast or use any explosives in blasting operations
in that portion of the Town of Rye outside the limits of any incorporated
village therein, unless he is a holder of a blaster's license in the
Town of Rye, and unless he obtains a permit for the proposed work
from the Building Inspector of the Town of Rye.
Blaster's license shall be issued by the Building Inspector
of the Town of Rye upon application on forms prescribed by him. Applicants
shall be at least 21 years of age, of good character and habits and
shall satisfy the Building Inspector as to their experience in handling
explosives and ability to use the same without undue risk. The license
shall not be issued until the applicant shall furnish a bond by a
solvent fidelity or surety company, authorized to transact such business,
in the sum of $25,000 covering the period of his license, which said
bond must meet with the approval of the Town Counsel as to form, correctness
and sufficiency of surety, and after such approval, said bond shall
be filed with the Town Clerk, and in addition, each applicant shall
be covered by a public liability insurance policy for not less than
$50,000. Each application shall be accompanied by a fee of $25. Licenses
shall expire on December 31 next following the date of their issuance
and may be renewed by the Building Inspector for a period of one year
on the payment of a registration fee of $5 for each renewal. Each
applicant for renewal of license shall furnish a bond as hereinabove
provided. License may be revoked if in the opinion of the Building
Inspector the holder of such license has proven himself incompetent
or careless. If so revoked, no new license shall be issued to the
same person for a period of three months and then only upon satisfying
the Building Inspector of his fitness for such license.
All bonds herein required shall be conditioned for the payment
to the Town of Rye, in full or in part, or to any person entitled
thereto, for any loss, damage or injury resulting to persons or property
by reason of any use of any explosives in blasting operations, and
for the strict and full compliance with the provisions of this chapter,
and with such other regulations pertaining to explosives as may hereinafter
be lawfully made and enacted.
A.
Permits
for blasting shall only be issued by the Building Inspector of the
Town of Rye to persons holding a blaster's license or to contractors
who have in their employ persons holding such a license.
B.
The
permit shall state the location for which it is approved, the date
issued, the name of the person or persons authorized to do the blasting
and such other information as the Building Inspector may deem necessary.
The permit shall be good only for the one location designated therein,
shall not be transferable and shall expire not later than one year
from date thereof. Application for such permit shall be accompanied
by an inspection fee of $1.
It shall be unlawful to blast or carry on any blasting operation
after 7:00 p.m. or before 8:00 a.m., nor shall any blasting be done
on Sunday, except with the approval of the Building Inspector.
No person shall use in a blasting operation a quantity of explosives
greater than necessary to properly start the rock.
Before firing any blasts, except where the same is in a tunnel,
the material to be blasted shall be covered on the top and sides with
timber, held securely together by strong chains or ropes of iron or
steel, and covered with sheets of tin or heavy woven material of rope
or wire.
It shall be unlawful to explode a blasting charge by means of
time fuse, slow-burning or safety fuse, or by any means other than
some form of electrical apparatus. At least three minutes before firing
a blast, the blaster shall give warning thereof by causing a competent
man, carrying a red flag, to be stationed at a reasonable distance
from the blast at each avenue of approach or point of danger.
The blasting of rock contiguous to any structure shall be so
conducted as not to cause damage thereto. To this end, weak walls
or other supports shall be shored up, and rotten or decomposed rock
shall be removed only by the use of gads, picks or crowbars. When
blasting in the vicinity of a weak structure is unavoidable, only
light-face blasts with short lines of resistance and small charges
shall be used.
Blasting charges shall be tamped only by means of wooden tamping
rods and explosives shall be pressed or set into place by steady,
even pressure only. All strokes or blows with the tamping rods are
forbidden and no tamping rod shall be used which is frayed or split
at the end.
Immediately after firing a blast, the blaster shall cause all
debris to be removed, and shall thoroughly examine the rock and the
drill holes to ascertain whether there remains any unexploded charge,
and until this is done, no drills shall be set up. In case a charge
shall fail to explode, it must be exploded by drilling one hole at
least 12 inches away which shall be loaded and fired in the usual
manner, but in no cases shall the charge and tamping be removed from
the hole without the special permission of the Building Inspector.
In case a blast shall fail to carry away the entire drill hole, and
leaves the lower part intact, no further drilling shall be done in
that hole.
No person shall load holes in blasting operations except the
blaster authorized in the permit, provided, however, that while holes
are being actually loaded, drillers and drill-helpers may act as blaster's
helpers under the direct supervision and responsibility of the blaster.
Cartridges, while being capped, shall be removed from any magazine
to a distance of not less than 50 feet and, after being capped, shall
not be returned to a magazine. Cartridge shall be capped only as required
for the work and for immediate use.
The violation of any of the provisions of this chapter, or failure
to comply therewith, shall be a misdemeanor and punishable by a fine
which shall not exceed $50 or imprisonment not exceeding six months,
or both such fine and imprisonment, and each day such violation shall
be permitted to exist shall constitute a separate offense. The application
of the above penalty shall not be held to prevent the enforced removal
of the prohibited conditions.
If any section, paragraph, subdivision, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
An ordinance adopted by the Town Board of the Town of Rye on
the 18th day of April, 1950, and commonly known as "An Ordinance Regulating
Blasting and the Use of Explosives in Blasting Operations in that
Portion of the Town of Rye outside the limits of any incorporated
village therein," as amended, is hereby repealed.
This chapter shall take effect immediately upon adoption and
publication as provided by law.
