[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 5-8-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
The purpose of this chapter is to establish
minimum safeguards to protect the health, safety and welfare of the
residents of the Town of Blooming Grove as well as their property
by establishing reasonable regulations governing the possession and
use of explosive materials.
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 town, except as provided in § 118-3.
B.
The technical standards set forth in this chapter
are based upon generally recognized criteria and accepted industry
standards. All persons must comply with all applicable local, state
and federal laws, rules, codes and regulations.
A.
The provisions of this chapter shall not apply to
the following:
(1)
The military forces of the United States or the duly
authorized militia of any state or any police force, provided that
the same are acting in the performance of their public duties.
(2)
The transportation of explosives in interstate or
intrastate commerce regulated by state or federal law.
(3)
Model rocketry.
(4)
Fireworks subject to regulation under the Penal Law.
(5)
Small-arms ammunition, including smokeless or black
powder when possessed for noncommercial purposes in quantities of
five pounds or less.
B.
A written request for an exemption may be granted
by the Building Inspector where it is evident that strict compliance
would cause an undue hardship and public safety would not be compromised
by said relief.
A.
No person shall manufacture, sell, possess, store,
use or detonate explosives within the town unless an annual permit
has been issued by the Building Inspector. The application for a permit
must contain the following:
(1)
The applicant's full name, address and telephone number,
as well as the name of the blaster.
(2)
The location where the applicant proposes to manufacture,
sell, possess, store or use explosives.
(3)
A statement as to the purpose and need to manufacture,
sell, possess, store or use 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 also be provided.
(5)
The quantity of explosives to be manufactured, sold,
possessed, used or stored.
(6)
The name, address and telephone number of a designated
representative who will be present at the location during all blasting
who is authorized to act on behalf of the applicant.
(7)
A copy of the blaster's license to purchase, own,
possess, transport and use explosives and certificate of competence.
(8)
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 duration that the blasting
activity will continue.
(9)
The time, date and location blasting is scheduled.
(10)
A list of all landowners, including name and address,
within a one-thousand-foot radius of the proposed blast site.
(11)
A pre-blast survey of the site, where one inch equals
30 feet in scale, showing all structures within a one-thousand-foot
radius of the proposed blast site.
B.
Expiration, revocation or cancellation of the blaster's
state license shall automatically void any permit issued under this
chapter.
C.
No permit holder shall transfer or assign a permit
issued under this chapter.
D.
Each application for a permit shall be accompanied
by a fee of $150. Said permit fee may be modified from time to time
by resolution of the Town Board.
A.
Before any permit is issued, 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, certifying worker's compensation and general liability coverage
for the handling or use of explosive materials and blasting activity
in an amount of not less than $3,000,000 for general liability, including
bodily injury, and $2,000,000 for property damages. The insurance
certificate shall name the Town as an additional insured and provide
a statement that the policy or policies involved will not be canceled,
terminated or modified by the insurance company unless 30 days' written
notice is given to the town and such changes or modification is agreed
upon by the town.
B.
The applicant shall also furnish a notarized statement
agreeing to defend, indemnify and hold the town harmless from any
and all claims, actions, proceedings, costs and expenses, including
reasonable attorney's fees, brought by any person, firm or corporation
for any injury to any persons or damage to any property arising or
resulting, directly or indirectly, from the use, storing, handling,
transporting or manufacturing of explosive material or the conducting
of blasting activity.
A.
Inspection. The Town Building Inspector, Consulting
Engineer, Highway Superintendent or any police officer may inspect
any vehicle, structure, construction site or other area where explosives
are manufactured, sold, possessed, stored or used within the town
for the purpose of verifying compliance with and enforcing this chapter.
B.
Permit revocation. The Building Inspector, his deputy
or any other officer or employee designated by the Town Board (all
"Building Inspector" for purposes of this section) may revoke or modify
a permit issued pursuant to this chapter where it appears that the
permit holder has violated any local, state or federal law, rule,
code or regulation, or provided a false statement or representation
on the application for a blasting permit or for violation of any applicable
safety standard or where the Building Inspector determines that public
safety has been compromised. Where a permit has been revoked or modified,
the Building Inspector shall send a written notice of same to the
permit holder by first-class certified mail within two working days,
setting forth the reasons the permit was revoked or modified and informing
the permit holder of his right to appeal such revocation or modification
by filing a notice of appeal with the Town Supervisor within 20 working
days.
C.
Appeals. An appeal pursuant to this section shall
be heard by the Town Board. The Building Inspector shall appear and
state his findings and the reasons for revoking or modifying the permit.
The permit holder shall be offered the opportunity to appear, with
or without an attorney, and present evidence and witnesses on his
behalf. The Board may sustain the Building Inspector's decision, reinstate
any permit or amend any modifications imposed by the Building Inspector.
A.
At least five business days prior to the scheduled
start of blasting, the permit holder shall meet with the Building
Inspector to review and finalize the proposed blasting plan.
B.
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 implemented to prevent unauthorized
entry into the area.
C.
In the case of multi-occupancy structures, residential
and commercial, located within 500 feet of the blast site, a Notice
of Intent to Blast shall be conspicuously posted at all commonly used
entrances to such structures at least 10 days prior to blasting. The
notice of intent shall contain the location where blasting is to occur,
with as much specificity as possible as well as the projected dates
and times of the blasting, and the name, address and telephone number
of the blaster and his local designated representative.
D.
At least five days prior to blasting, the blaster
or his designee shall notify all owners of property within 1,000 feet,
in writing, by certified mail, that blasting operations are scheduled,
indicating when and where said blasting will take place. A copy of
the notice and proof of mailing must be submitted to the Building
Inspector. In addition, the blaster shall sound a siren or horn loud
enough to be heard throughout the designated blast zone five minutes
prior to blasting and again 30 seconds prior to blasting, warning
all persons that blasting is imminent.
E.
If the Building Inspector determines that an on-site
inspector or police personnel are required during blasting, the permit
holder shall reimburse the town for the cost of all such inspection
services and police personnel. The permit holder and the blaster shall
make available to the Building Inspector a copy of all seismic readings
and data collected regarding any blasting.
F.
The blasting permit holder shall notify the Building
Inspector, or his designated representative, the Police Department
and the local Fire Department of an impending blast at least three
hours but not more than 12 hours prior to the time each blast is scheduled.
G.
The material to be blasted shall be properly covered
or screened by the blaster to prevent injury or damage to persons
or property.
H.
A record of each blast shall be kept by the blaster
on a form approved by the Town Building Inspector. All such records
shall be retained by the permit holder and blaster as prescribed by
state law, and a copy shall be provided to the Building Inspector
at the end of each day. Said record shall include the location of
each blast; the time of each blast; the number, diameter and depth
of each hole and the distance between holes; burden depth; stemming
length; make and type of explosives; delay make, number and period;
and weather conditions. Seismograph information must also be recorded
for each blast and provided to the Building Inspector; including seismograph
serial number; range/gain setting; date of last shake table calibration
and microphone calibration; air channel low-frequency limit; exact
seismograph location and location in relation to the blast; peak over
pressure readout; peak particle velocity readout and the name of the
operator.
I.
The permit holder shall immediately notify the Building
Inspector of any accident and prepare a report regarding same on a
form supplied by the Building Inspector. No further blasting shall
be conducted until the Building Inspector has had an opportunity to
review the accident report and the permit.
J.
Blasting may only be conducted Monday through Friday
between the hours of 8:30 a.m. and 3:00 p.m. No blasting shall take
place on legal or religious holidays.
A.
The maximum allowable concussion or air blast resulting
from blast operations shall not exceed 130 decibels peak, measured
at a flat frequency response (2 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 may
order all blasting to cease.
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:
|
Distance Versus Weight of Explosives Method
NOTE: Distances over 60 feet are based
on the
formula W=D x 1.5/90
| |
|---|---|
|
Where:
|
|
|
W = weight
|
|
|
D = distance
|
|
|
Distance to Nearest Building
(feet)
|
No. of Pounds per Delay
|
|---|---|
|
0 to 5 1/4
| |
|
5 to 10 1/2
| |
|
10 to 15 3/4
| |
|
15 to 60
|
1 per ft. D
|
|
60 to 70
|
6
|
|
70 to 80
|
7 1/4
|
|
80 to 90
|
9
|
|
90 to 100
|
10 1/2
|
|
100 to 110
|
12
|
|
110 to 120
|
13 3/4
|
|
120 to 130
|
15 1/2
|
|
130 to 140
|
17 1/2
|
|
140 to 150
|
19 1/2
|
|
150 to 160
|
21 1/2
|
|
160 to 170
|
23 1/4
|
|
170 to 180
|
25
|
|
180 to 190
|
28
|
|
190 to 200
|
30 1/2
|
|
200 to 220
|
34
|
|
220 to 240
|
39
|
|
240 to 250
|
42
|
|
250 to 260
|
45
|
|
260 to 280
|
49
|
|
280 to 300
|
55
|
|
300 to 325
|
61
|
|
325 to 350
|
69
|
|
350 to 375
|
79
|
|
375 to 400
|
85
|
|
400 to 450
|
98
|
|
450 to 500
|
115
|
|
500 to 550
|
135
|
|
550 to 600
|
155
|
|
600 to 650
|
175
|
|
650 to 700
|
195
|
|
700 to 750
|
220
|
|
750 to 800
|
240
|
|
800 to 850
|
263
|
|
850 to 900
|
288
|
|
900 to 950
|
313
|
|
950 to 1,000
|
340
|
|
1,000 to 1,100
|
375
|
|
1,100 to 1,200
|
435
|
|
1,200 to 1,300
|
493
|
E.
When an instrument is used to measure the seismic
effect of a blast, the maximum peak particle velocity of any one component
of an instrument measuring three-component motion shall not exceed
the limits of the following table:
|
Distance Versus Peak Particle Velocity
Method
| |
|---|---|
|
Distance
(feet)
|
Peak Particle Velocity of Any One Component*
(inches per second)
|
|
1 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.
|
Any person proposing to demolish any structure
in excess of 25 feet in height must agree to pay for the cost of any
engineering analysis 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 violates any of the provisions of this chapter or any lawful order
issued hereunder shall, following conviction, be guilty of a violation.
B.
Any person who violates any provision of this chapter
or any lawful order issued hereunder shall, for the first violation,
be subject to a fine not to exceed $2,500 and/or imprisonment for
a period not to exceed 10 days. For the second and each subsequent
violation, each person shall be subject to a fine not to exceed $5,000
and/or imprisonment subject to a period of incarceration not to exceed
15 days.
C.
The provisions of this chapter shall be enforced by
the Building Inspector, the town's consulting engineer, the Highway
Superintendent or any other officer of employee designated by the
Town Board.
The following words and terms, when used in
this chapter, shall have the following meanings:
The airborne shock wave or acoustic transient generated by
an explosion.
A deflagrating or low-explosive compound composed of sulfur,
charcoal and an earth nitrate.
A person who holds a valid permit to perform blasting operations.
Any material or mixture intended for blasting not otherwise
classified as an explosive.
Any authorization to keep, store, transport, manufacture
or use explosives issued under New York State Labor Law Article 16.
Refers to the Code of Federal Regulations.
Any chemical compound or mixture, that is commonly used or
intended for the purpose of producing an explosion, that contains
combustible materials in such quantities that an ignition by detonation
or otherwise may cause a sudden generation of highly heated gases
capable of producing destructive effects. The term "explosive," except
as specifically stated herein, does not include:
Cycles per second.
The National Fire Protection Association.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
An inert material placed in the 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.
If any section, paragraph, sentence or word of this
local law is held void or invalid or unenforceable for any reason
by a court of competent jurisdiction, such holding shall not affect
the remaining provisions of this chapter.
B.
This chapter is adopted pursuant to the state Municipal
Home Rule Law. The provisions of this chapter are intended to supersede
any inconsistent provision of the state Town Law or of any general
law.
