[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-26-1957
as Art. 3 of Ch. 6 of the Scarsdale Village Code. Sections 163-1, 163-2, 163-3A,
163-4 and 163-14D amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
No person shall blast any rock or other material by means of nitroglycerine,
dynamite, powder or any other like substance or explosive or store, handle,
transfer or use or have in his possession any such substance or explosive
without having first obtained a permit therefor from the Village Engineer.
Unless otherwise expressly stated, whenever used in this chapter, the
following terms shall be deemed to mean:
Detonators used for firing explosives.
Gunpowder, powders used for blasting, high explosives, blasting materials,
detonating fuses, detonators and other detonating agents, 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 and is intended to cause an explosion but shall not
include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether
and benzol. Fixed ammunition and primers for small arms, firecrackers, safety
fuses and matches shall not be deemed to be "explosives" when the individual
units contain any of the above-mentioned articles or substances in such limited
quantities, 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.
No permit may be issued unless the applicant files with the Village
Engineer insurance, in form satisfactory to the Village Attorney, with limits,
for personal injury, of not less than $1,000,000 for any one person and not
less than $3,000,000 for any one accident and not less than $1,000,000 for
any one accident and $3,000,000 in aggregate for property damage, insuring
the village, its officers, employees and agents and the person and contractor
doing the blasting or causing the blasting to be done and the owner of the
property whereon the blasting is being done against any liability for personal
injury or property damage, directly or indirectly resulting from or arising
out of the granting of any such permit, or the possession, storage or use
of such explosives or the prosecution of the work involving such explosives
or any negligent act or omission in connection therewith on the part of the
permittee, his employees or agents; and files with the Village Engineer a
bond, in form satisfactory to the Village Attorney, in an amount satisfactory
to the Village Engineer and, in any event, of at least $100,000, conditioned
upon payment by the licensee of all damages suffered by any person or persons,
for personal injury or property damage, caused directly or indirectly by reason
of the storage or use of explosives in the village.
A permit, when issued, shall specify the particular job for which it
is issued, its location and date of expiration.
It shall be unlawful for any person, other than the holder of the permit
prescribed by this chapter, to undertake blasting operations or use of explosives.
No greater quantity of explosives than is necessary to properly start
the rock or material to be dislodged shall be used for a blast.
Immediately after loading and tamping the hole and before firing the
blast, the rock to be blasted shall be covered on all exposed sides with a
strong woven matting of rope or wire and sufficient timber held together at
each end by a three-quarter-inch chain of steel or iron, to prevent the flying
of particles of stone, earth or other substances.
No person shall explode a blasting charge by means of time, slow burning
or safety fuse nor by any means other than some form of electrical apparatus.
At least five 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.
It shall be unlawful to cap a cartridge within a radius of 100 feet
of a magazine or to cap more cartridges than necessary for immediate use.
It shall be unlawful to conduct blasting operations between the hours
of 4:00 p.m. and 8:00 a.m. or at any time on Saturdays, Sundays or holidays.
The blasting of rock contiguous to any structure shall be so conducted
as to not cause damage thereto, and to this end weak walls or other supports
shall be shored up, and rotten or decomposed rock shall be removed only by
mechanical means. 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.
A.
No explosives may be kept within the village, except
during hours when blasting operations are permitted by this chapter to be
conducted.
B.
Explosives must be kept in a separate magazine.
C.
At no time shall more dynamite, blasting caps or detonators
than are needed for one days' operations be stored on any job.
D.
Magazines shall be located as directed by the Village
Engineer and shall be enclosed or protected by such barricades as he may prescribe.
A danger area shall be maintained around each magazine in proportion to the
quantity of explosives contained therein.[1]
E.
The person to whom the permit has been issued shall keep
such magazines and surrounding area clean and free from rubbish, dead grass,
shrubbery and obstructions and shall prevent persons from loitering thereabout.
F.
Blasting caps or detonators of any kind shall not be
kept in the same magazine with other explosives.
G.
All magazines must be kept locked, except when being
inspected or when explosives are being placed therein or removed therefrom.
