[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 10-18-2005 by L.L. No. 3-2005. Amendments noted where
applicable.]
The purpose of this chapter is to establish
minimum safeguards to protect human health, safety and welfare, as
well as property, by establishing reasonable regulations governing
the possession and use of explosive materials. To ensure that the
possession and use of explosive materials does not result in physical
injury or property damage, the Board of Trustees of the Village of
Ossining hereby asserts its right to designate acceptable hours for
blasting operations, set levels for the ignition and discharge of
explosive materials and establish acceptable standards governing consequential
vibrations resulting from all blasting conducted within the Village.
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
sets forth procedures 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 technical standards set forth in this chapter
are based upon generally recognized criteria and accepted industry
standards. See New York State Labor Law, Article 16; 12 NYCRR Part
39; NFPA No. 495-1973; 27 CFR 55; 49 CFR 171 through 178; and 49 CFR
390 through 397 for other additional standards that may be applicable.
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 Slates Pharmacopeia, USPC-1980, 20th Edition.
B.
Where an individual makes a written application to
the Building Inspector for an exemption, the Building Inspector may
grant 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 exemption granted 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 grants an exemption
under this section, he shall immediately notify the Chief of Police
of his decision and within five business days notify the Village Board
of Trustees stating the facts, the nature of the exemption and the
underlying rationale.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
The airborne shock wave or acoustic transient generated by
an explosion.
The Village Manager, Police Chief and Village Engineer convened under § 123-7C to hear appeals regarding the revocation of any permit issued under this chapter.
Acceptable to the Building Inspector or Appeals Board.
A deflagrating or low explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
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 an 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 detonator.
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
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,
Includes, but is not limited to, any structure or assembly
used for occupancy or storage and subject to the jurisdiction of the
Village Building Department.
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 authorization to keep, store, transport, manufacture
or use explosives issued under New York State Labor Law, Article 16.
The Code of Federal Regulations in effect on the date this
chapter was last amended.
An explosive possessing detonating or maximum hazard and
means an explosive which is described in 49 CFR 173.53.
An explosive possessing flammable hazard such as propellant
explosives and photographic flash powders and means an explosive described
in 49 CFR 173.88.
Certain types of manufactured articles which contain Class
A or Class B explosives, or both, as components but in restricted
quantities, and certain types of fireworks and means an explosive
described in 49 CFR 173.100.
Any explosive except a propellant and nitrocarbonitrate,
including but not limited to dynamite, black blasting powder, pellet
powder, initiating explosive, blasting cap, electric blasting cap,
safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse,
instantaneous fuse, igniter cord and igniter.
A person with the requisite experience, training and education
necessary to perform the duty assigned or assumed.
The time interval in milliseconds between successive detonations
of the delay devices used.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. 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.
A blasting cap designed for, and capable of, initiation by
means of an electric current.
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.
A substance that may react with the oxygen in the air or
with the oxygen or other oxidizing material yielded by an oxidizer
to produce combustion.
Cycles per second.
Any explosive material which can be caused to detonate by
means of a blasting cap when unconfined.
Any public street, road, highway, alley or part of a navigable
stream which is used as a highway of commerce.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure occupied in connection with the manufacture, transportation,
storage or use of explosives.
An explosive cartridge with a detonator or initiating agent
inserted therein.
An explosive material which can be caused to deflagrate when
confined.
Any building, structure or other enclosure or container,
other than an explosive manufacturing building, used for the storage
of explosives.
An explosive material charge that fails to detonate after
an attempt at initiation.
Any self-propelled vehicle, truck, tractor, semitrailer or
truck full trailer used for the transportation of explosives.
National Fire Protection Association.
An explosive classified as a blasting agent.
A cap containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate or a cap of equivalent strength.
A substance, such as a nitrate, that yields oxygen or other
oxidizing substance readily to stimulate the combustion of organic
matter or other fuel.
An oxidizer.
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.
Any natural person, partnership, firm, association or corporation.
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder for small arms, smokeless powder for
cannons, smokeless powder or solid propellant for rockets, jet thrust
units or other devices.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
A hose with an electrical resistance high enough to limit
flow of stray electric currents to safe levels, yet not so high as
to prevent drainage of static electric charges to ground such as those
of not more than two megohms resistance over its entire length and
not less than 5,000 ohms per foot.
A physical characteristic of an explosive classifying its
ability to detonate upon receiving an external impulse such as impact,
shock, flame or other influence which can cause explosive decomposition.
A delay in time of nine milliseconds or more.
A cartridge for a shotgun, rifle, pistol or revolver and
a cartridge for propellant-actuated power devices and industrial guns.
Military-type ammunition containing explosive bursting charges or
any incendiary, tracer, spotting or pyrotechnic projectile is excluded
from this definition.
A solid propellant, commonly called "smokeless powder" in
the trade, used in small arms ammunition, cannon, rockets or propellant-actuated
power devices.
An inert material placed in a bore hole after the explosive
for the purpose of confining explosive materials or to separate charges
of explosive material in the same bore hole.
A flow of electricity outside the conductor which normally
carries it.
United States Code.
United States Department of Transportation.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
Any of a wide variety of materials used for blasting that
contain substantial proportions of water and high proportions of ammonium
nitrate, some of which is in solution in the water. Two broad classes
of water gels are those which are sensitized by a material classed
as an explosive, such as TNT or smokeless powder, and those which
contain no ingredient classified as an explosive; these are sensitized
with metals such as aluminum or with other fuels. Water gels may be
classified as Class A explosives, Class B explosives or blasting agents.
A.
No person shall manufacture, sell, possess, store,
use or detonate explosives within the Village of Ossining unless a
permit has been issued by the Building Inspector.
B.
Permit to manufacture, sell, possess or store. An
application for a permit to manufacture, sell, possess or store explosives
shall require the following information, as well as any other information
the Building Inspector deems necessary to ensure public health and
safety:
(1)
The applicant's full name, address and telephone number.
If the applicant is a corporation, partnership or other business entity,
the name of each officer shall be separately stated. If the applicant
is an out-of-state corporation, partnership or other business entity,
the applicant must submit proof of filing with the New York State
Secretary of State to do business in New York. No permit may be issued
unless the applicant is authorized to do business in New York.
(2)
The location where applicant proposes to manufacture,
sell, possess or store explosives.
(3)
A statement as to the purpose and need to manufacture,
sell, possess or store explosives.
(4)
Where the manufacture, sale, possession or storage
of explosives is subject to state or federal regulation and licensing,
a copy of any state or federal license or permit shall be provided,
together with the application for a local permit, unless the use is
specifically exempted by § 140-3A, above.
(5)
The quantity of explosives to be manufactured, sold,
possessed or stored.
C.
The application for a permit shall be signed by the
applicant. in addition, the applicant shall sign an acknowledgment,
under the penalties of perjury, stating that all information provided
in the application or in support of the application is true and accurate.
D.
Permit to use or detonate. An application for a permit
to use or detonate explosives shall require the following information,
as well as any other information the Building Inspector deems necessary
to insure public health and safety:
(1)
The applicant's full name and address. If the applicant
is a corporation, partnership or other business entity, the name of
each officer shall be separately stated. if the applicant is an out-of-state
corporation, partnership or other business entity, the applicant must
submit proof of filing with the New York State Secretary of State
to do business in New York. No permit may be issued unless the applicant
is authorized to do business in New York.
(2)
A designated, on-site representative who will be present
at the location during all blasting and authorized to act on behalf
of the applicant for all administrative purposes.
(3)
The name, address and telephone number of the person
who will be conducting the blasting, and a copy of the blaster's license
to purchase, own, possess, transport and use explosives and a certificate
of competence.
(4)
An estimate of how much blasting is anticipated and
the type and amount of material to be ignited or discharged. Where
more than one blast is anticipated, the applicant shall estimate how
many separate blasts are expected and the approximate duration blasting
activity will continue.
(5)
The time, date and location blasting is scheduled
to begin.
(6)
A list of all landowners, including name and address,
within a five-hundred-foot radius of the proposed blast site.
(7)
A preblast survey of the site, where one inch equals
30 feet in scale, showing all structures within a five-hundred-foot
radius of the proposed blast site, together with a description of
each structure within such radius. Any property owner subject to a
preblast property description shall be furnished a copy of the description
of his property upon request. The Building Inspector may, in his sole
discretion, require that the preblast survey be accompanied with a
videotape showing each building and structure and any particular features
as he may direct. The Building Inspector may, in his sole discretion,
waive all or any portion of the preblast survey depending on the particular
characteristics of the site, the surrounding area and the type of
blasting proposed. The applicant shall, upon request, make a copy
of the preblast survey available to the Building Inspector. Where
a preblast survey indicates electric transmission lines within 500
feet of a proposed blast site, the Building Inspector or his representative
may require testing to determine the presence and level of errant
electrical current in the area. If testing indicates the presence
of errant electrical current in the vicinity where explosives are
to be detonated at a level sufficient to pose a potential threat to
public safety, the Building Inspector may require that any blasting
be conducted solely by use of nonelectrical detonation.
E.
Based on the application and the preblast survey,
if any, the Building Inspector shall estimate the cost of monitoring
compliance with this chapter, including the cost of retaining an on-site
inspector to monitor all aspects of blasting, and furnish such estimate,
together with a basis for his calculation, to the applicant. Before
any permit is issued, the estimated cost of inspection services shall
be deposited with the Village, held in escrow, and applied to reimburse
the Village for costs and expenses actually incurred in connection
with administering compliance with this chapter. Where the estimated
amount deposited is insufficient to cover the Village's costs, the
property owner shall be responsible for any balance due, Where the
estimated amount deposited with the Village exceeds the costs incurred,
the balance shall be refunded.
F.
The application for a permit to use explosives shall
be signed by both the applicant and the blaster. In addition, the
applicant shall sign an acknowledgment stating, under the penalties
of perjury, that all information provided in the application or in
support of the application is true and accurate. The blaster shall
also sign an acknowledgment stating that he has read the entire application,
that in his opinion blasting at the particular location can be conducted
safely, without unreasonable risk, and that, under the penalties of
perjury, the blaster's state license is valid, that he is fully authorized
to conduct the type of activity set forth in the application and that
he agrees to abide by all state and federal safety standards.
G.
A permit to conduct blasting shall be effective for
a specific project and specific period of time, not to exceed one
year. The Building Inspector shall have sole discretion to set the
term of any permit issued under this section.
H.
Expiration, revocation or cancellation of the blaster's
state license shall automatically void any permit issued under this
chapter.
I.
No blast shall be initiated at any location within
the Village unless a written permit to conduct blasting has first
been obtained and signed by the Village Engineer and Building Inspector
authorizing blasting at the specific location.
J.
The Building Inspector may add to any permit issued
under this chapter whatever terms and conditions deemed necessary
to protect public health, safety and welfare.
K.
No permit holder shall transfer or assign a permit
issued under this chapter.
L.
The failure of an applicant to provide any information
requested by the Building Inspector in support of an application for
a permit shall be grounds to deny an application or revoke a permit.
N.
Each application for a permit shall be accompanied
by a fee of $75.
O.
The Village Building Inspector or his representative
may also request the applicant to supply any other, additional information
that maybe deemed necessary to protect the health and safety of the
public or to prevent damage to property.
A.
Before any permit is issued pursuant to this chapter,
the applicant shall submit proof of insurance by supplying a certificate
of insurance, issued by an insurance company authorized to do business
in the State of New York, stating that the applicant has insurance
coverage in effect for workers' compensation, liability and property
damage and a specific endorsement stating that coverage includes liability
arising from handling or using explosive materials and conducting
blasting activity Insurance coverage shall be not less than $3,000,000
for general liability, including bodily Injury to any one person and,
subject to the same limit for each person, not less than $10,000,000
for any occurrence, plus insurance for property damage of not less
than $2,000,000. The insurance certificate shall name the Village
of Ossining as an additional insured. In addition, the certificate
shall contain a statement that the policy or policies covering the
insured will not be canceled, terminated or modified by the insurance
company unless 30 days' notice is given to the Village and such change
or modification is mutually agreed to.
B.
The applicant shall also furnish a notarized statement
agreeing to indemnify and hold the Village harmless from any and all
claims, actions and proceedings brought by any person, firm or corporation
for any injury to any persons or property resulting, directly or indirectly,
from the applicant using, storing, handling, transporting or manufacturing
explosive material or conducting blasting activity and, moreover,
stating that the applicant will defend and indemnify the Village against
any action brought by any third parties as a result of operating under
a Village permit issued under this chapter.
C.
No permit shall be issued unless and until the applicant
has complied with these insurance requirements and provided an agreement
indemnifying and holding the Village harmless for any and all damage
and injury.
A.
Inspection. Because of the compelling and overriding
public safety issues involved in the handling and use of explosives,
the Village Building Inspector, Village Engineer, Director of Code
Enforcement or any member of the Police Department 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 own initiative or at the request of any other official, revoke
or modify a permit issued pursuant to this chapter 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 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 modifications.
C.
Appeals. A permit holder who has had his 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 Manager, Chief of Police
and the Village Engineer, or any of their deputies, sitting as a Board
of Appeals. The Building Inspector shall appear and state his findings
and the reasons for revoking or modifying the permit. The permit holder
and/or the blaster shall he offered the opportunity to appear and
present evidence why the permit should not be modified or revoked.
The Appeal Board 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 Board reinstates a permit, the
Board may amend the permit by adding whatever terms and conditions
it deems necessary to protect public health, safety and welfare. The
decision of the appeal panel shall be final.
A.
No blast shall be initiated at any location within
the Village limits unless a written permit has first been obtained
from Building Inspector authorizing blasting at the specific location.
B.
Blasting conducted within the Village must comply
with the terms of the permit and, in addition, all applicable state
and federal heath and safety standards.
C.
At least five business days prior to the scheduled
start of blasting, the permit holder shall request a preblast meeting
with the Building Inspector to review and finalize the proposed blasting
plan. No blasting shall be conducted unless a preblast meeting has
been held with the Building Inspector and the Building Inspector is
satisfied that the proposed blasting plan is reasonable.
D.
Each blasting permit holder shall establish and delineate
a blast zone prior to detonating a blast. The blast zone must be clearly
marked, and adequate precautions must be implemented to prevent unauthorized
entry into the area.
E.
Prior to each blast, the blaster or his designee shall
be responsible for notifying all persons in the general area that
blasting operations are scheduled to begin within a specified period
of time. In addition, the blaster shall sound a recognized whistle,
siren or horn loud enough to be heard throughout the designated blast
zone approximately three minutes prior to blasting and again 30 seconds
prior to blasting, warning all persons that blasting is imminent.
F.
The Building Inspector or his representative shall
be permitted access to observe all aspects of the blasting operation,
including but not limited to observation of all preblast preparatory
site work, the explosion/detonation and access to the postblast site,
The property owner shall reimburse the Village for the cost of all
inspection services, including the cost of retaining an on-site inspector
to monitor all aspects of blasting, by depositing the estimated cost
of inspection services in a designated account to be held in escrow
by the Village and applied to reimburse the Village for costs incurred
in administering compliance with this chapter. The permit holder and
the blaster shall, upon request, make available to the Building Inspector
a copy of all seismic reading and any and all other documentation
and data collected regarding any blast.
G.
The blasting permit holder shall notify the Building
Inspector or his designated representative and the Police Department
of an impending blast at least two hours, but not more than 12 hours,
prior to the time each blast is scheduled.
H.
The applicant shall be responsible for any costs incurred
by the Village in providing police, emergency services or any other
personnel deemed necessary to ensure public safety.
I.
Notwithstanding any other regulations, no blasting
shall be performed in such manner or under such circumstances as to
eject debris into the air so as to constitute a hazard or danger or
do harm or damage to persons or property. Before firing a blast which
could cause injury to persons or damage property from fly rock, the
material to be blasted shall be properly covered or screened by a
buffer of sufficient mass and strength to prevent, with a margin of
safety, the ejection of any material capable of causing any injury
or damage.
J.
No person shall use a quantity of explosives greater
than necessary to break or move the target material or use an amount
of explosives that poses a risk of injury to persons or property.
K.
Unless otherwise permitted by the Village Building
Inspector, all holes drilled or otherwise excavated for holding an
explosive charge shall be at least six feet deep. If, however, the
permit holder/blaster can demonstrate a need to use a hole less than
six feet deep and that such a cavity will not endanger public safety,
the Village Building Inspector or his designated representative may,
in his discretion, authorize the use of blast holes less than six
feet deep.
L.
The blaster shall plan each blast and take every precaution
in loading, delaying, initiation, confinement and stemming to control
the throw of rock fragments and debris and limit ground vibrations
and the effect of air concussions to the greatest extent possible.
When blasting is to be conducted within 50 feet or less of a property
line and the adjacent property owner is not a party to the blasting
operation, the blaster shall take all precautions practicable, utilizing
any combination of recognized methods, to control blasting effects
to the greatest degree possible.
M.
A record of each blast shall be kept by the blaster
on a form approved by the Village Building Inspector. All such records
shall be retained by the permit holder and blaster as prescribed by
state law and made available for inspection as a matter of public
record.
(1)
The permit holder shall record the following information
for each blast and provide the Building Inspector with a duplicate
copy at the end of each day:
(a)
The name and license number of the blaster.
(b)
The location of the blast.
(c)
The date and time of each blast.
(d)
The number of blasts.
(e)
The number, diameter and depth of each hole
and distance between holes.
(f)
The burden depth.
(g)
The stemming length.
(h)
The make and type of explosives.
(i)
The delay make, number and period.
(j)
The weather conditions, including temperature,
wind direction and speed.
(2)
In addition, the following seismograph information
must be recorded for each blast with a duplicate copy provided to
the Building Inspector:
(a)
The seismograph serial number.
(b)
The range/gain setting.
(c)
The date of last shake table calibration and
microphone calibration.
(d)
The air channel low frequency limit.
(e)
The exact seismograph location and location
in relation to the blast.
(f)
The peak over pressure readout.
(g)
The peak particle velocity readout.
(h)
The name of the operator.
N.
Where an accident involves personal injury, the permit
holder shall immediately notify the Building Inspector that an accident
has occurred, and no further blasting shall be conducted until the
Building Inspector has had an opportunity to review the accident report
and the permit. Any injury, accident or misfire involving explosives
shall be recorded, and a full written report shall be attached to
the blast report filed with the Building Inspector, including the
names of all participants and witnesses and remedial actions taken.
The Building Inspector may require such additional, specific information
from the blaster as he deems necessary and appropriate to assure the
public health and safety. Following an accident involving personal
injury, the Building Inspector may amend the permit by adding whatever
additional restrictions are deemed necessary to assure that public
health and safety is maintained and another similar accident does
not reoccur.
A.
The maximum allowable concussion or air blast resulting
from blast operations shall not exceed 130 decibels peak, measured
at a flat frequency response (-f- two decibels) over the range of
at least six to 200 hertz.
B.
When blasting is of a continuing nature, 124 to 130
decibels shall be the acceptable range.
C.
The permit holder shall report each blast exceeding
acceptable parameters to the Building Inspector within 24 hours. Following
a blast exceeding acceptable parameters, the Building Inspector shall
have the authority to order blasting operations to be suspended, altered
or stopped.
D.
When no instrument is used to measure the seismic
effect of a blast, the maximum amount of explosives detonated shall
not exceed the limits shown in the following table:
Table 1: Distance Versus Weight of Explosives
Method*
| ||||
---|---|---|---|---|
Distance to Nearest Building in Feet
|
Number of Pounds per Delay
|
Distance to Nearest Building in Feet
|
Number of Pounds per Delay
| |
0 to 5 1/4
|
250 to 260
|
45
| ||
5 to 10 1/2
|
260 to 280
|
49
| ||
10 to 15 3/4
|
280 to 300
|
55
| ||
15 to 60
|
.l per foot D
|
300 to 325
|
61
| |
60 to 70
|
6
|
325 to 350
|
69
| |
70 to 80
|
7 1/4
|
350 to 375
|
79
| |
80 to 90
|
9
|
375 to 400
|
85
| |
90 to 100
|
10 1/2
|
400 to 450
|
98
| |
100 to 110
|
12
|
450 to 500
|
115
| |
110 to 120
|
13 3/4
|
500 to 550
|
135
| |
120 to 130
|
15 1/2
|
550 to 600
|
155
| |
130 to 140
|
17 1/2
|
600 to 650
|
175
| |
140 to 150
|
19 1/2
|
650 to 700
|
195
| |
150 to 160
|
21 1/2
|
700 to 750
|
220
| |
160 to l70
|
23 1/4
|
750 to 800
|
240
| |
170 to 180
|
25
|
800 to 850
|
263
| |
180 to 190
|
28
|
850 to 900
|
288
| |
190 to 200
|
30 1/2
|
900 to 950
|
313
| |
200 to 220
|
34
|
950 to 1,000
|
340
| |
220 to 240
|
39
|
1,000 to 1,100
|
375
| |
240 to 250
|
42
|
1,100 to 1,200
|
435
| |
1,200 to 1,300
|
493
|
NOTE:
| ||
---|---|---|
*
|
Distances over 60 feet are based on the formula
W = D x 1.5/90, where W = weight and D = distance.
|
E.
When an instrument is used to measure the seismic
effect of a blast, the maximum peak particle velocity on any one component
of an instrument measuring three-component motion shall not exceed
the limits of the following table:
Table 2: Distance Versus Peak Particle
Velocity Method
| ||
---|---|---|
Distance in Feet
|
Peak Particle Velocity of any One Component*
in Inches per Second
| |
0 to 100
|
1.50
| |
100 to 200
|
1.25
| |
200 to 500
|
1.00
| |
500 to 1,000
|
.50
| |
Over 1,000
|
.25
|
NOTE:
| ||
---|---|---|
*
|
The measuring instrument's transducer shall
be firmly coupled to the ground.
|
Blasting may be conducted when authorized by
permit Monday through Friday between the hours of 9:00 a.m. and 300
p.m. Blasting is prohibited Saturdays, Sundays and legal holidays.
A.
Not more than 20 days nor less than three days prior
to a scheduled blast, the permit holder shall serve a notice of intent
to blast, stating when and where blasting activity is scheduled to
occur, on each occupant or user of each structure, commercial or residential,
within 300 feet of the proposed blast site and upon the owner or owners
of any parcel of property immediately adjoining or abutting the parcel
of property on which the blasting is to take place, regardless of
the distance an adjoining owner is from the blast site. The notice
shall include the blasting permit number, the permit holder's name,
emergency telephone numbers for police, fire and ambulance service
and the time and location of each scheduled blast. A copy of the notice
of intent to blast must be submitted to the Building Inspector for
his review and approval prior to distribution.
B.
The notice of intent to blast may be served by either
personal service or certified mail. In the event that neither personal
service nor certified mail can be effected, the applicant may request
authorization from the Building Inspector to serve the notice of intent
to blast by posting a copy of such notice in each building or dwelling
in a conspicuous place where it is reasonable to believe that persons
entering or leaving the premises will see such notification.
C.
In the case of multi-occupancy structures, residential
and commercial, located within 300 feet of the blast site, the notice
of intent to blast shall be conspicuously and continuously posted
at all commonly used entrances to the structure at least 20 and not
less than three days prior to blasting. It shall be the blaster's
responsibility to ensure that notice is unobstructed and remains posted
at the structure.
The Police Chief, Village Engineer and Building
Inspector, sitting as a Board of Standards, may supplement this chapter
by promulgating whatever additional rules and regulations are deemed
necessary or desirable to protect the public health, safety and welfare.
No rule or regulation may be effective unless approved by the Building
Inspector. A copy of all rules and regulations promulgated under this
section are to he provided with each application for a permit.
Any person applying to use explosives to demolish
any structure in excess of 25 feet in height must agree to assume
the cost of any engineering analysis, public safety survey, environmental
review or other technical study deemed necessary by the Building Inspector
to determine if and how blasting can be conducted safely.
A.
Any person, including any owner or agent or corporation,
who shall violate any of the provisions of this chapter or fail to
comply with any provision shall, following conviction, be guilty of
a misdemeanor.
B.
The first violation shall be punishable by a fine
not to exceed $2,500 and shall be subject to a period of incarceration
not to exceed 10 days.
C.
A second and each subsequent offense shall be punishable
by a fine not to exceed $5,000 and shall be subject to a period of
incarceration not to exceed 20 days.
D.
Any person, including any owner or 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 tine 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 the Village police.