f.
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No permit may be issued for the manufacturing, transportation or use
of explosives until the applicant has been examined by the Chief of the Fire
Department to determine his competency to have, own, handle, sell, use, keep,
possess, manufacture, transport, carry, deliver, discharge or store explosives
and until such competency on the part of the applicant has been approved by
the Chief of the Fire Department or the Board of Trustees and the manner in
which said explosives are to be used, sold, stored, kept, possessed or discharged
is likewise approved and until the applicant has supplied to the Chief of
the Fire Department satisfactory proof that the applicant complied with Article
16 of the Labor Law of the State of New York and the Rules of the Board of
Standards and Appeals of the Labor Department of the State of New York.
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g.
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A permit, when issued, shall specify the particular job for which it
is issued, its location and a date of expiration.
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h.
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No permit shall be issued to an applicant who is not a citizen of the
United States.
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No permit may be issued until the applicant has agreed to indemnify
all persons and the Village of Pelham Manor against loss, expense, cost or
damage direct or indirect of any kind or nature to persons or property resulting
from the applicant's manufacture, owning, storing, keeping, possessing,
transporting, carrying, delivering, discharging or using of such explosives
or from the prosecution of the work involving such explosives, directly or
indirectly. This liability and responsibility upon the part of the applicant
shall be absolute and shall not depend upon any question of negligence on
his part, the part of his agents, servants or employees, or the part of the
claimed and the neglect of anyone to direct the applicant to take any particular
precaution or to refrain from doing any particular thing shall not excuse
the applicant in case of any such damage. Before the issuance of any permit
the applicant shall have filed with his application a bond approved by the
Mayor or Village Attorney indemnifying all persons and the Village of Pelham
Manor, its agents, servants and employees against loss, expenses, cost or
damage direct or indirect of any kind or nature to persons or property resulting
from the manufacture, ownership, transportation, delivery, sale, discharge
or use of such explosives in any manner, directly or indirectly or the prosecution
of the work involving such explosives. This liability or responsibility upon
the part of the applicant which must be covered by indemnity bond as set forth
herein shall be absolute and shall not depend upon any question of negligence
on his part, the part of his agents, servants or employees or the part of
the claimant and the neglect of anyone to direct the applicant to take any
particular precaution or to refrain from doing any particular thing shall
not excuse the applicant in case of any such damage. The amount of said bond
of indemnity shall in no event be less than $40,000 or $20,000 for each vehicle
to be used in the transportation of explosives, whichever is greater, subject
to the right of the Board of Trustees of the Village of Pelham Manor to require
an indemnity bond in a greater sum or amount if in their discretion a bond
in a greater amount is required for the safety and welfare of the village,
its inhabitants or their property. The applicant shall also furnish the Village
of Pelham Manor with a policy of insurance issued by an insurance company
authorized to do and doing business in the State of New York, insuring the
Village of Pelham Manor, its officers and the employees and the person or
persons, corporation or corporations or contractor owning, manufacturing,
carrying, transporting, storing, keeping, possessing, delivering, discharging
or using said explosives and the person or persons, corporation or corporations,
doing any blasting or causing said blasting to be done and the owner of the
property whereon said explosives are being stored, kept, possessed, discharged
or used or, where blasting is being done against liability for damages arising
out of the ownership, manufacture, storage, possession, transportation, delivery,
discharge or use of said explosives or where blasting is being done, in the
sum of $200,000 for property damage, including but not limited to explosion,
collapse and underground damage, and $200,000 for personal injuries, including
death, for each person, and $500,000 for each accident.
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Section 112-16.28. Permit Required.
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No tank shall be installed, altered or repaired nor shall any tank be
cleaned unless a permit therefor shall have been issued by the Bureau of Fire
Prevention.
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ARTICLE 31
FEES
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Section 31.01 Fees.
[Amended 4-26-1976 by L.L. No. 2-1976] | |
a.
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The following fees shall be paid when a permit is issued and at each
renewal thereof: (The fees shall be as established by resolution of the Board
of Trustees.)
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