[Amended 10-28-1964, approved 10-29-1964]
All bonds required to be given under the provisions of this
article shall be approved by the Mayor and the Corporation Counsel
as to the sufficiency of the sureties, and all such bonds shall be
conditioned upon and provide for indemnifying all persons and the
City against any loss, expense, cost or damage, direct or indirect,
of any kind or nature, to persons or to property resulting from the
possession, storage or use of such explosives or the prosecution of
the work involving such explosives. This liability and responsibility
on the part of the applicant shall be absolute and shall not depend
upon any question of negligence upon his part or upon the part of
his agents, servants or employees, 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 the event
of any such damage.
[Added 10-8-1980, approved 10-9-1980]
A. No permit to bring explosives into the City and sell, transport and
deliver explosives for the local trade shall be issued until the applicant
therefor shall have first placed on file with the Fire Commissioner,
without cost to the City, satisfactory evidence of public liability
insurance indicating bodily injury coverage in the amounts of $500,000
for each occurrence, $1,000,000 in the aggregate, and property damage
coverage in the amount of $500,000 for each occurrence, $1,000,000
in the aggregate; or, in the alternative, a combined single limit
of bodily injury and property damage coverage in the amounts of $1,000,000
each occurrence and $1,000,000 in the aggregate.
B. Such insurance must include the City as an additional named insured
and must remain in force throughout the effective period of the permit
as well as any authorized extensions thereof and shall carry an endorsement
to the effect that the insurance company will give at least 10 days'
written notice to the City of Mount Vernon of any modification or
cancellation of any such insurance.
Except as otherwise provided in this article, applicants for
permits of the following classes shall give bonds in the penal sums
hereinafter specified, namely:
A. To bring explosives into the City and sell, transport and deliver
explosives for the local trade: $20,000.
B. For each vehicle engaged in the local delivery of explosives: $20,000.
D. To use explosives: $30,000.
A. No person shall manufacture electric fuses, safety fuses, blasting
caps or explosives in the City of Mount Vernon, New York.
B. No person shall engage any explosives, except small arms ammunition
and construction devices such as explosive rivets and explosive-driven
pins or studs, for purposes other than blasting or demolition operations.
C. No person shall sell or give away any explosive, except small arms
ammunition and construction devices such as explosive rivets and explosive-driven
pins or studs, to any person not in possession of a permit to either
possess, transport or use explosives as required by this article.
[Amended 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
No person shall transport, store, sell, deliver, use or have
in his possession any explosive without a permit, to be given by the
Fire Commissioner of the City of Mount Vernon. There shall be a fee
of $100 for each blasting permit issued by the Fire Commissioner for
each job.
[Amended 2-26-1969, approved 2-27-1969]
A. No person shall act as a blaster until he obtains a license from
the Fire Commissioner of the City after satisfactorily passing an
oral examination as to his fitness.
B. A fee of $200 is necessary for the original blaster's license,
with a renewal fee of $100, which is required on the first day of
each year.
[Amended 10-8-1980, approved 10-9-1980; 6-26-1991, approved 6-27-1991; 2-27-2008, approved 2-28-2008]
Permits as required by §
131-81 of this article shall not be issued for any building or structure that is occupied as a dwelling, school, theater or other place of assembly, or where the building or structure is lighted by any means other than electricity, or where any manufacturing processes are conducted, or where smoking material is sold.
No person shall transport, store or sell any guncotton or soluble
cotton except in watertight metal vessels containing no more than
110 pounds dry weight and at least 20% water.
No person shall transport, store, keep, sell, deliver, use or
have in his possession any liquid nitroglycerine; nor shall any person
store, transport or use between November 1 and March 15 any explosive
which will freeze or deteriorate at a temperature higher than 10°
F., provided that permits may be issued for the transportation and
sale of nitroglycerine in the form of tablets, pills or granules,
in quantities not exceeding 10,000 pieces, containing no more than
1/50 of a grain each. No explosives containing nitroglycerine and
not intended for use within the City shall be stored or kept therein
or landed at or upon any dock, pier or bulkhead thereof except as
prescribed by the Fire Commissioner.
No person shall transport or deliver any explosive between sunset
and sunrise in or upon any public conveyance, nor shall any explosive
be transported through, in or upon any street except in the manner
herein provided.
No person shall bring into the City nor transport, store, deliver
or use any explosive therein unless same shall be continually under
the care and supervision of one or more persons, each holding a certificate
of fitness.
No permit shall be issued for the bringing into the City or
for the transportation, storage, sale or use therein of any explosive
which is not of a type, kind or brand that has been approved by the
Fire Commissioner.
A. No person shall sell or deliver for use any explosive except in original
and unbroken packages and when packed as follows:
(1) Dynamite and other blasting compounds containing a liquid which may
exude: in strong wooden cases lined with a liquidproof paper lining
sufficient to prevent the exudation of the liquid. Such cases shall
be of two sizes only, to contain 50 pounds and 25 pounds of explosives,
respectively.
(2) Other blasting compounds (except black and smokeless powder) which
do not contain a substance subject to deleterious influences by exposure
to moisture: in strong wooden cases of two sizes only, to contain
50 pounds and 25 pounds of explosives, respectively.
B. All explosives put up in the form of sticks or cartridges shall be
packed so as to lie on their sides; and when the boxes are loaded
in or upon any vehicle, they shall be so arranged that the sticks
or cartridges rest on their sides.
All packages containing explosives for transportation, storage,
sale or use shall bear the name and brand of the explosive and the
name of the manufacturer and shall have plainly marked on the top
and on one end or side thereof the words HIGH EXPLOSIVES — DANGEROUS
and shall also have plainly marked on the top thereof the words THIS
SIDE UP.
A. No person shall store or keep explosives except in a magazine for
which a permit shall have been issued.
B. No explosives are to be kept in a magazine overnight unless a person
holding a certificate of fitness as a magazine keeper or a licensed
blaster is in attendance at all times.
C. Application for such permit is to be accompanied by an inspection
fee of $50 for each First Class magazine, $40 for each Second Class
magazine and $20 for each Third Class magazine. This permit is good
only for the location designated thereon and is not transferable.
[Amended 2-26-1969, approved 2-27-1969; 10-8-1980, approved 10-9-1980]
A special permit shall be required for the storage of explosives
in a magazine of either the First or Second Class, as classified in
this article, and the Fire Commissioner may at any time require the
holder of such permit to change the location of such magazine or establish
a new one in another location.
The permit issued for a magazine shall at all times be kept
in the magazine and readily accessible for inspection.
[Amended 7-9-1969, approved 7-10-1969]
There shall be three classes of magazines as follows:
A. First Class, to contain not more than 250 pounds of explosives each.
B. Second Class, to contain not more than 100 pounds of explosives each.
C. Third Class, to contain not more than 50 pounds of explosives each.
All magazines shall be constructed in accordance with the requirements
of the New York State Labor Law relating to the storage of explosives.
A danger area shall be maintained around each magazine in proportion
to the quantity of explosives contained therein. The magazine keeper
shall maintain such areas clean and free from rubbish, dead grass,
shrubbery and other obstructions and prevent persons from loitering
therein.
No person holding a magazine permit shall store or keep explosives
therein unless a person holding a certificate of fitness as a magazine
keeper shall be continuously in charge thereof, provided that a person
holding a license as a blaster may also act as a magazine keeper for
a magazine of the Third Class, under a special permit of the Fire
Commissioner. He shall keep an accurate daily record of all explosives
received at or delivered from the magazines under his charge, which
shall show in detail how the explosives have been used or otherwise
disposed of and shall at all times be open to inspection by any inspector
or member of the Fire Department. He shall first deliver from the
magazine such explosives as have been longest therein. All magazines
shall be kept locked except when being inspected or when explosives
are being placed therein or removed therefrom, and the magazine keeper
shall at all times have the key thereof in his possession. He must
care for and protect the magazine and its contents from interference
by unauthorized persons, and he must be constantly on the lookout
for signs which would indicate leakage of nitroglycerine from explosives
under his charge, and all explosives in such condition must be the
next used. A magazine keeper shall not be required to perform any
duty that will in any way interfere with his duties as set forth in
this article.
A magazine shall at all times be kept clean and dry and free
from grit, and before any repairs or alterations are made to any part
thereof, all explosives shall be carefully removed to a place of safety
and the magazine thoroughly washed out. In case a magazine floor becomes
stained with nitroglycerine, it shall be well scrubbed with a stiff
broom, hard brush or mop, using a solution of 1/2 gallon of wood alcohol
and two pounds of sulfate of sodium so as to thoroughly decompose
the nitroglycerine. All tools used in making repairs or alterations
shall be of wood or of copper, brass or other soft metal or material.
In no case shall nails or screws be driven into a magazine in making
repairs or alterations, nor into any material that has once formed
a part thereof, and all wooden structural parts of a magazine, if
discarded, shall be immediately burned at a safe distance therefrom.
No person shall store, place or keep any clothing, cotton waste or
other article or thing in a magazine containing explosives, except
a wooden mallet and a wooden wedge for the purpose of opening boxes
of explosives, which shall be opened only with such implements. Magazine
keepers and all other persons handling, storing or transporting explosives
are prohibited from carrying matches or permitting matches to be brought
to or near the place where explosives are handled, stored or transported.
No person shall place, keep or store in a magazine explosives
in excess of the amount stated in the permit therefor, except by special
permission of the Fire Commissioner; or place, keep or store black
powder, blasting powder or smokeless powder in a magazine containing
any other explosive or in a magazine containing blasting caps, detonators
or electric fuses; or place, keep or store in or bring within 100
feet of a magazine of the First, Second and Third Classes containing
explosives, black powder, blasting powder or smokeless powder, any
blasting caps, capped cartridges, detonator or any other article or
thing that is likely to cause an explosion by friction, shock, heat
or otherwise; or place or store dynamite or any other high explosive
in any magazine which has previously contained black or blasting powder,
without first obtaining the express permission of the Fire Commissioner.
[Amended 2-26-1969, approved 2-27-1969; 10-8-1980, approved 10-9-1980; 6-26-1991, approved 6-27-1991]
No person shall transport any explosives within the City of
Mount Vernon without a permit. Application for such permit shall be
accompanied by an inspection fee of $100 for each vehicle. Said permit
shall expire on the 31st day of December of each year.
No persons shall load or transport, or cause or permit the loading
and transportation of, explosives on any vehicle unless the following
provisions are complied with:
A. Such vehicle shall be in good working condition and capable of safely
carrying the load placed upon it:
B. The body of the truck shall be completely enclosed. It shall have
tight floors and a lining of wood. Construction of the body shall
be in accordance with specifications prepared by the Fire Department
and on file in the office of the Fire Commissioner.
C. Exposed ferrous metal on the inside of the body likely to come in
contact with packages of explosives shall be covered or protected
with wood or other nonferrous material.
D. Each motor vehicle used for transporting explosives shall be equipped
with a minimum of two fire extinguishers, each having a rating of
at least 10 BC. Extinguishers shall be filled and ready for immediate
use and shall be examined periodically by a competent person to ensure
that they are kept and maintained in good working order.
[Amended 7-9-1969, approved 7-10-1969; 11-24-1976, approved 11-24-1976]
E. Trailers shall not be used for the transportation of explosives,
nor shall any trailer be attached to a vehicle containing explosives.
This provision shall not apply to semitrailers.
F. The battery and wiring of a motor vehicle shall be located so that
neither will come in contact with any package of explosives.
G. Electric wiring of a motor vehicle shall be completely insulated
and securely fastened to prevent short-circuiting.
H. The chassis, engine, pan and bottom of body of a motor vehicle shall
be clean and free from excess oil and grease.
I. The gasoline tank and feed line of a motor vehicle shall be free
from leaks.
Vehicles containing explosives shall be driven by and be in
the charge of a competent, reliable and experienced driver who is
able to read and write the English language and, in the case of a
motor vehicle, is duly licensed to operate such vehicle, who is not
addicted to the use of or under the influence of intoxicants or narcotics
and who knows and obeys the road rules, state laws, local ordinances
and all rules and regulations governing the transportation of explosives.
No person shall approach, ride upon, drive, load or unload a
vehicle carrying explosives while smoking or while under the influence
of an intoxicant or narcotic or at any time in a careless or reckless
manner.
A. No person shall place or carry or cause to be placed or carried in
or upon a vehicle containing explosives any metal tool, piece of metal,
fire, firearms, loaded cartridges, match or other device for producing
spark, flame or heat.
(1)
This provision shall not apply to tools used for the operation
and repair of such vehicle when in a compartment separate from the
loading space nor to a wooden or nonferrous conveyor.
(2)
This provision shall not be construed to prohibit the transportation
of detonators in or upon the same vehicle with other explosives, provided
that such detonators are packed in the original outside shipping containers
or in packages in an outside box made of one-inch lumber lined with
suitable padding material not less than 1/2 inch thick. Such boxes
other than the original shipping containers shall be equipped with
a hinged cover and fastening device and securely closed. Detonators
in quantities of 50 or less may be transported on the same vehicle
with other explosives if they are in inside shipping containers or
other equivalent container or wrapped in cloth with a fold of cloth
separating each detonator. Detonators transported on the same vehicle
with other explosives shall be located at a place remote from such
other explosives on the vehicle and in a position from whence they
may be quickly removed.
B. Bale hooks or ferrous metal tools shall not be used for loading or
handling explosives.
C. Such explosives shall be loaded and transported in the body of such
vehicle, which shall not be loaded beyond its rated capacity, and
the explosives shall be so placed thereon that packages thereof shall
not fall from such vehicle.
[Amended 7-9-1969, approved 7-10-1969]
No person shall transport or cause or permit the transportation
of explosives in any vehicle unless the front, rear and both sides
of such vehicle are marked or placarded with the word EXPLOSIVES legibly
printed in red or white letters at least six inches high.
No person shall carry or transport in or upon such a vehicle
any explosives in excess of 500 pounds.
No person in charge of a vehicle carrying explosives shall deliver
them except in original and unbroken packages nor at any place other
than a duly authorized magazine and to the person in charge thereof,
except with respect to remaining portions of original packages when
they are being returned to or from the magazine of their origin.
No person in charge of a vehicle containing explosives shall:
A. Allow such vehicle to remain unguarded.
B. Permit such vehicle to enter a public garage or repair shop.
C. Park such vehicle in any public street in close proximity to any
dwelling or building or place where persons work, congregate or assemble.
D. Load explosives upon or unload explosives from a motor vehicle unless
the engine is stopped and the brakes are securely set.
E. With the exception of lights necessary for the operation of the vehicle,
use any type of lighting in or about a vehicle containing explosives
except portable electric floodlights or electric lanterns so constructed
that it will not be possible to obtain a difference of potential between
any two points on the outside of the lamp casing.
F. Deliver explosives to anyone except those authorized to receive same.
G. Fill a gasoline tank of a motor vehicle or cause or permit it to
be filled while there are explosives on the vehicle, except in case
of emergency and then only when the engine is stopped.
H. Make any unnecessary stops. If a stop is unavoidable, the precautions given in Subsections
A and
C above shall be observed, the motor shall be stopped, the brakes set and the ignition key removed.
I. Place any explosive immediately behind or in close proximity to the
exhaust pipe of a motor vehicle.
No person shall use any explosive in the blasting of rock or
other materials within 200 feet of any schoolhouse in the City between
the hours of 8:30 a.m. and 3:30 p.m. on any day when public school
is actually in session in such school building; nor at any time of
the day within the corporate limits of the City, except upon a written
permit therefor, signed by the Fire Commissioner, upon the giving
of a good and sufficient bond, to be approved by the Mayor and Corporation
Counsel, conditioned for holding the said City harmless from any and
all damages arising or accruing by reason of said blasting, such permit
to be for such time as the said Fire Commissioner may prescribe.
A. All blasts before firing shall be covered with heavy mats woven of
hemp rope or steel wire rope or chains which are placed over the loaded
holes and are sufficiently large to cover any rock or substance to
be broken.
B. In the blasting of larger masses of rock, it shall be within the
discretion of the Fire Commissioner to require a larger number of
mats as public safety may demand.
C. The blaster shall give timely notice of every blast to every person
in danger thereof and shall not explode any blast until all persons
have been removed to a safe location.
D. No blast outside of stone quarries shall be loaded more heavily than
as follows: The explosive to be used shall not exceed one pound in
weight of 40% explosive for each four feet in depth of hole, unless
the hole is of a greater depth than 10 feet below the level of the
curb or crown of the street adjoining, in which case there may be
used for the depth below the ten-foot level one pound in weight of
60% explosive for each four feet of depth of hole.
E. No person shall conduct blasting operations within the City between
the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday.
F. No mobile radio communications unit or units shall be maintained
within 300 feet of blasting operations. Signs so notifying the public
shall be posted prior to the delivery of any explosive or their caps.
[Amended 11-24-1976, approved 11-24-1976]