[HISTORY: Adopted by the Town Board of the Town of Pawling 9-14-2004
by L.L. No. 3-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Fireworks — See Ch. 99.
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:
A person who holds a valid permit to perform blasting operations.
A hole drilled in rock or other material for the placement of explosives.
The fracture of any heavy mass by detonation of explosive materials.
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.
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.
The area surrounding a blast site subject to the influence of flying
debris generated by the detonation of an explosive charge.
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.
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.
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.
Refer to Chapter 99 of the Town of Pawling Code concerning fireworks.
Rock propelled from the blast area by the forces of an explosion.
An explosive material charge that fails to detonate after an attempt
at initiation.
The breaking of boulders by placing a quantity of explosives against
a rock or boulder without confining the explosives in a drill hole.
The peak particle velocity recorded on any one of the three mutually
perpendicular components of blasting vibrations in the vertical and horizontal
directions.
Written authorization issued by the Town of Pawling or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
Includes a corporation, partnership, firm or individual association.
An instrument which records ground vibration by measuring and recording
particle velocity, displacement or acceleration in three mutually perpendicular
directions.
A flow of electricity outside the conductor which normally carries
it.
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.
A.Â
Such permit, when approved and signed by the Building
Inspector and upon payment of a fee as may be fixed from time to time by resolution
of the Town Board, shall be issued and signed by the Building Inspector, who
shall keep a record thereof. Each permit shall specify the following:
(1)Â
The name of the owner of the property upon which the
detonation of explosives is intended to occur;
(2)Â
The business address of the person, firm or corporation
proposing to detonate explosives on the subject property;
(3)Â
The name of the permittee;
(4)Â
Evidence of the fact that the person, firm, or corporation
intending to detonate the explosives is duly licensed pursuant to § 458
of the Labor Law in the State of New York;
(5)Â
The precise location of the intended detonation of explosives,
as well as the size of charges intended to be detonated and the proposed schedule
for detonation of explosives;
(6)Â
Evidence that the person intending to detonate explosives
has sufficient financial security or insurance coverage to provide payment
for damages to any person suffering damages by virtue of the detonation of
the explosives;
(7)Â
A description of all structures, including residential
dwellings, located within 300 feet of the blast site and a list of the names
and the addresses of the owner or owners of any parcel of property immediately
adjoining or abutting the parcel of property from which the blasting is to
take place, as shown on the most recent tax rolls of the Town of Pawling;
and
(8)Â
The date of expiration (which shall not be later than
three months from the date of issue).
B.Â
The Building Inspector may revoke such permit at any
time.
A.Â
No person shall use or store a quantity of explosives
greater than that amount which is generally accepted to be reasonable for
the use intended nor use or store such an amount that will endanger persons
or property. The Building Inspector may limit the maximum quantity of explosives
to be used or stored, but no action by the Building Inspector shall relieve
or exempt any person or insurance company from liability for damage caused
by the use or storage of explosives.
B.Â
All blasting operations shall be so conducted as not
to endanger the health, safety and welfare of persons and the safety of property.
Such operations shall be under the direct control and supervision of competent
and responsible persons and shall be carried on in accordance with the provisions
of New York State laws and regulations and with the provisions of this chapter.
No person shall be permitted to handle and use explosives except a competent
blaster who shall have had experience with the type of blasting being conducted.
The person in charge of every blasting operation shall post in a conspicuous
place in proximity to the operation the name or names of persons whom he has
designated as blasters, having satisfied himself as to their previous blasting
experience and competency, and shall promptly notify the Town Clerk, in writing,
of the persons so designated.
C.Â
It shall be the duty of every person or corporation conducting
any blasting operation in the Town to make and keep a record for a period
of two years with respect to each individual blast, which record shall show:
D.Â
The short-interval delay firing of blasts shall be practiced
wherever necessary to prevent vibration damage to nearby structures. The practice
of mud-capping or similar practices involving the unconfined use of explosives
is specifically prohibited. Where blasting is being conducted in the vicinity
of structures which may be subject to damage from flying material, all blasts
shall be adequately matted. Before any blast is fired, the owner or blaster
shall make certain that all roads or other modes of access to the blast area
are adequately guarded for the safety of the public and employees. It shall
be the responsibility of the owner or operator to remove promptly from public
highways all stone or other debris resulting from blasting operations.
A.Â
Compliance with state regulations. It shall be unlawful
for any person or persons to transport or cause or permit the transportation
of explosives in any vehicle through, to or within the Town of Pawling in
any manner which violates the provisions of § 39.6 of Title 12 of
the Official Compilation of Codes, Rules and Regulations of the State of New
York.
B.Â
Guarding; stops. No person in charge of a vehicle containing
explosives shall allow such vehicle to remain unguarded at any time, and no
person charged with the responsibility of such transportation shall make any
unnecessary stops within the Town of Pawling. Where such stop is unavoidable,
the person in charge of the vehicle containing the explosives shall strictly
observe the rules for vehicles in transit as defined in Paragraph (g) of Code
Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
A.Â
Whenever blasting is to occur within 300 feet, measured
from the blast site, of any structure, including a residential dwelling, the
inhabitants or users of such structure or dwelling shall be notified personally
and in writing of the date and approximate time that blasting will occur.
The written notice will contain the above information and may be left or posted
at the structure or dwelling in a conspicuous place, or a certified letter,
return receipt requested, may be sent to the owner of the affected structure
or dwelling.
B.Â
By whatever means notice is affected, said notice shall
be received no less than 24 hours prior to blasting.
C.Â
Written notice of the date and approximate time of blasting
shall additionally be given to the Town Clerk, New York State Police, Dutchess
County Sheriff's Office and Building Department no less than 24 hours
prior to blasting.
D.Â
The applicant shall submit an affidavit of notifications
to the Building Inspector prior to commencing blasting.
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.
A.Â
Public utilities and governmental agencies may be granted
an exception in the provisions of this chapter upon application for such with
the Town of Pawling Building Inspector. An exception to this chapter shall
be granted where the public utility or governmental agency demonstrates that:
B.Â
The written request shall state the reasons for the exception
application and shall be accompanied by a fee as determined by the Town Board
of the Town of Pawling from time to time. Such special exception shall be
granted for a period not to exceed 12 months and may be renewed from time
to time upon written request and payment of the fee as required by this section.
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.
