The Town Board of the Town of Pawling finds it necessary to establish
safeguards to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing the possession and use of
explosive materials and to ensure that the possession and use of explosive
materials do not result in physical injury or property damage.
When used in this chapter, unless otherwise expressly stated, the following
terms shall have the meanings indicated:
BLASTER
A person who holds a valid permit to perform blasting operations.
BLAST HOLE
A hole drilled in rock or other material for the placement of explosives.
BLASTING
The fracture of any heavy mass by detonation of explosive materials.
BLASTING AGENT
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.
BLASTING MAT
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.
BLAST ZONE
The area surrounding a blast site subject to the influence of flying
debris generated by the detonation of an explosive charge.
BURDEN
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.
DETONATOR
Any device containing a detonating charge; that 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.
EXPLOSIVE
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, benzene, acetone, ethyl ether,
benzol and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof. 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 quantity, of such nature and so packed
that it is impossible to produce an explosion of such units that could cause
injury to life, limb or property.
FIREWORKS
Refer to Chapter
99 of the Town of Pawling Code concerning fireworks.
FLY ROCK
Rock propelled from the blast area by the forces of an explosion.
MISFIRE
An explosive material charge that fails to detonate after an attempt
at initiation.
PEAK PARTICLE VELOCITY
The peak particle velocity recorded on any one of the three mutually
perpendicular components of blasting vibrations in the vertical and horizontal
directions.
PERMIT
Written authorization issued by the Town of Pawling or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
PERSON
Includes a corporation, partnership, firm or individual association.
SEISMOGRAPH
An instrument which records ground vibration by measuring and recording
particle velocity, displacement or acceleration in three mutually perpendicular
directions.
STRAY CURRENT
A flow of electricity outside the conductor which normally carries
it.
VIBRATION
The energy from a blast that manifests itself in earth-borne vibrations
which are transmitted through the earth away from the immediate blast area.
No person shall blast or cause to be blasted any rock or other substance
with any explosive in the Town of Pawling without first having obtained a
permit therefor from the Building Inspector upon written application on an
approved form. Before such permit is issued, the persons shall submit evidence
in the form of a certificate of insurance issued by an insurance company authorized
to do business in the State of New York and in a form acceptable to the Town
Attorney, guaranteeing that the applicant has in full force and effect a policy
of public liability insurance, including a specific endorsement covering the
liabilities arising from blasting and storage of explosives, and providing
bodily injury and property damage coverage in an amount as set by resolution
of the Town Board from time to time. Such policy shall also provide to save
the Town harmless from all claims, actions and proceedings brought by any
person, firm or corporation for injury to persons or property resulting from
or occasioned by such blasting operations or storage of explosives. Such policy
shall name the Town as an additional insured and shall also contain the provision
that the policy shall not be canceled, terminated, modified or changed by
the company unless 10 days' prior written notice is sent to the Town
Clerk by registered mail. Such policy shall also provide that the presence
of an inspector from the office of the Building Inspector on the site of operations
shall not affect the obligation of the insurer under its policy. No permit
shall be valid unless such insurance is in full force and effect.
All blasts, before firing, shall be covered with 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 Town of Pawling unless
competent individuals, carrying a red flag, shall have been placed at a reasonable
distance 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 Town of Pawling
after the hour of 5:00 p.m. and before 8:00 a.m., or at any time on Sunday
and legal holidays, except under authority of a special permit issued by the
Building Inspector.
Nothing contained herein shall be construed to conflict with Article
16 of the Labor Law of the State of New York.
The Building Inspector is hereby authorized and empowered to establish
and promulgate rules and regulations concerning blasting operations and storage
of explosives and other matters contained in this chapter not inconsistent
with the other provisions of this chapter. Such rules and regulations, when
established and promulgated, shall be binding upon all persons to whom a permit
is issued pursuant to this chapter.
Any person violating any of the provisions of this chapter, upon conviction
thereof, shall be guilty of a violation and punished by a fine not to exceed
$350 or up to 15 days in jail per occurrence. Every violation of any provision
in this chapter shall be a separate and distinct offense, and, in case of
continuing violation, every day's continuance thereof shall be deemed
to be a separate and distinct offense.