[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014; 3-5-2019 by L.L. No.
1-2019, approved 3-19-2019]
Such permit, when approved and signed by the
Fire Chief or his designee and upon payment of a fee as set forth
in the fee schedule to be established by resolution of the Common
Council of this City to the Fire Chief or his designee or such other fee as
may be fixed from time to time by the City Council, shall be issued
and signed by the Fire Chief or his designee, who shall keep a record
thereof. Each permit shall specify the name of the permittee, the
date of expiration, which shall be no later than three months from
the date of issue, and the particular place where the blasting is
to be done. The Fire Chief or his designee may revoke any permit issued
hereunder and issue a stop-work order at any time for good cause shown.
Before such permit is issued, the person shall have in his possession
a valid license to purchase, own, possess, transport or use explosives,
issued by the Explosives Licensing Unit, New York State Department
of Labor, and no such license will be issued to anyone under 18 years
of age or otherwise considered ineligible as defined in § 459
of Article 16, Industrial Code Rule 39, of Title 12 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
[Amended 12-16-1999 by L.L. No.
2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
No person shall use in a blasting operation
a quantity of explosives greater than necessary to properly start
the rock or other substances or use such an amount as will endanger
persons or property. The Fire Chief or his designee may limit the
maximum quantity of explosives to be used, but no action by the Fire
Chief or his designee shall relieve or exempt any person or insurance
company from liability for damage caused by the use of such explosives.
In a case where the Fire Chief or his designee seeks expert advice,
he may issue a temporary stop-work order until such advice is secured.
All blasts, before firing, shall be covered
with metal rope or metal matting, heavy timbers chained together or
other suitable screens of sufficient size, weight and strength to
prevent the escape of broken rock or other material in a manner liable
to cause injury or damage to persons or property.
No person shall fire or explode or direct or
cause to be fired or exploded any blast in or near any highway or
public place in the City of Kingston unless competent persons carrying
red flags shall have been placed at reasonable distances on all sides
of the blast to give proper warning thereof at least three minutes
in advance of firing.
No person shall conduct blasting operations
within the City of Kingston after the hour of 4:00 p.m. or before
8:00 a.m. or at any time on Saturday or Sunday.
During blasting operations, explosives shall
be stored separately from igniters, and for this purpose separate
receptacles shall be built or provided and placed at a reasonable
distance apart one from the other. Explosives shall be stored in approved
magazines, and no more than a one-day supply of such explosives shall
be so stored. Explosives shall not be stored unattended overnight.
As used in this chapter, the following terms
shall have the meanings indicated:
PERMITTEE
A duly licensed person who has secured a permit to perform
blasting in the City of Kingston.
PERSON
Includes an individual, corporation, association, firm or
partnership.