Village of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 15 of the 1978 Code of the Village of New Paltz. Amendments noted where applicable.]
A. 
Required to perform blasting operation. No person shall blast or cause to be blasted any rock or other substance with any explosive as defined in this chapter, in the Village of New Paltz, without first obtaining a permit from the licensing officer covering the specific blasting operation, upon written application, in a form approved by the Board of Trustees.
B. 
State and federal license required. Before such permit is issued, the person shall have in his possession and shall produce for the licensing officer's inspection a valid license to purchase, own, possess, transport or use explosives issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives and 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 Section 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 10-22-2008 by L.L. No. 10-2008]
C. 
Required insurance.
(1) 
No permit shall be issued under the provisions of this chapter to any person unless he shall submit evidence in the form of a certificate of insurance issued by an insurance company authorized to conduct business in the State of New York and in a form acceptable to the Village 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 providing bodily injury coverage of not less than the amount set annually by resolution of the Board of Trustees for each person injured and the amount set annually by resolution of the Board of Trustees for each accident and property damage insurance of not less than the amount set annually by resolution of the Board of Trustees. The Board of Trustees may fix policy limits in higher amounts if it is satisfied that the circumstances relating to the blasting operation so require.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2) 
The public liability insurance policy shall provide to save the Village 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. Such policy shall not be cancelled, terminated, modified, nor changed by the company unless 10 days' prior written notice is sent to the Village Clerk by registered mail. Such policy shall also provide that the presence of an inspector of the Village, or its lawfully-appointed representative, on the site of operations shall not affect the obligation of the insurer under its policy.
(3) 
No permit shall be valid unless such insurance is in full force and effect. The certificate of insurance so submitted may be written for a specific job or may be a blanket certificate issued on a quarterly or yearly basis.
D. 
Issuance; fee; conditions.
[Amended 10-22-2008 by L.L. No. 10-2008]
(1) 
Such permit, when approved and signed by the licensing officer, shall be issued upon payment of the amount set annually by resolution of the Board of Trustees, and the duration of such permit shall be counted in single consecutive days, not to exceed 30, and each permit will only be granted for a single site and purpose. A permit extension may be granted upon application to and site inspection by the licensing officer. Extensions will also be site specific and counted in single consecutive days, not to exceed 30.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2) 
Each permit issued shall specify the name of the permittee, the date of expiration of the permit, the particular place, location or site where the blasting is to occur and the principal purpose of the blasting. A permit shall be effective for each blasting job only during the period for which the permit is issued. The Building Department shall keep a record of each permit issued, and the Board of Trustees and/or the Building Inspector shall have the right to suspend or revoke any such permit at any time for failure to comply with the provisions of this chapter or any other applicable law.
A. 
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 Village of New Paltz in any manner which violates the provisions of Section 39.6, of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the State of New York.
B. 
Guarding; stops. No person in charge of a vehicle containing explosives in transit 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 Village of New Paltz. 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 the Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
A. 
State certificate required for storing. No person shall keep or store explosives unless a certificate therefor shall have been issued by the Industrial Commissioner, Department of Labor, State of New York, and such magazine owner or user shall be required to obtain an annual renewal of such certificate.
B. 
State license required for manufacturing or selling. No person shall manufacture, deal in, give or otherwise dispose of explosives unless a license therefor shall have been issued by the Commissioner as provided in § 458, Subdivision 2, New York State Labor Law, nor shall any person sell, give or dispose of explosives to, or manufacture explosives for any person who does not hold a license as required by Subsection B of § 82-1 of this chapter.
C. 
Report of loss or theft. Any theft or loss of explosives from a storage magazine or otherwise shall immediately be reported to the Industrial Commissioner and the state or local police or County Sheriff.
D. 
Compliance with state law. No person shall store explosives except in a magazine constructed, located, marked and maintained in strict accordance with §§ 453, 454, 455 and 456 of Article 16 of the Labor Law of the State of New York.
A. 
State license required. Sporting or smokeless powders for reloading shells in an amount not in excess of five pounds and in the original containers may be kept in a building without storing such powders in a magazine provided such person possessing same is not ineligible to obtain such powders pursuant to Subdivision 11 of § 458 of the Labor Law.
B. 
Loading or reloading small arms ammunition. Nothing in this chapter shall be construed to preclude the loading or reloading of small arms ammunition or the storing of small quantities of sporting or smokeless powders providing the person doing same is not ineligible to obtain such powders as provided in Subsection A, above.
No person shall use, in a blasting operation, a quantity of explosives greater than necessary, properly to start the rock or other substances, nor use such an amount as will endanger persons or property. The Board of Trustees or its duly authorized representative may limit the maximum quantity of explosives to be used, but no action by the Board of Trustees or its duly authorized representative shall relieve or exempt any person or insurance company from liability for damage caused by the use of such explosives.
A. 
Preparation for firing. The person in charge of blasting operations shall assign only persons who are qualified to perform the work safely and shall, before firing, cover all prepared blasts with a rope or woven metal mattress, heavy timbers chained together, or other suitable screens of sufficient size, weight, and strength to prevent the escape of broken rock or other debris in a manner liable to cause injury or damage to persons or property.
B. 
Notification of blasting. The person in charge of blasting operations, or his or her designee, shall notify the licensing officer, each residence and business establishment, in person, within a radius of 500 feet of the particular place where the blasting is to be done at least 24 hours prior to the occurrence of the blasting, and then again 60 minutes prior to each occurrence of the blasting each day, to enable the owners or occupants to take necessary precautions. If no one appears to be present at the residence or business establishment when the notification is given, an appropriate notice shall be affixed to the principal entrance of the premises.
[Amended 10-22-2008 by L.L. No. 10-2008]
C. 
Protection of highways and public places. No person shall fire nor explode nor direct nor cause to be fired or exploded any blast in or near any highway or public place in the Village of New Paltz, unless competent men, 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.
D. 
Additional precautions. The enforcement officer may impose additional safety precautions prior to the blasting operation if, in his opinion, the circumstance so require.
E. 
Prepared blasts not to be kept overnight; exception. No blasts prepared for firing shall be allowed to remain overnight except in an emergency resulting from a misfire, when a watchman shall be provided to keep unauthorized persons at a safe distance.
F. 
Electrical storms. All blasting operations and handling of explosives shall be immediately suspended upon the approach of an electrical storm.
[Amended 10-22-2008 by L.L. No. 10-2008]
No person shall conduct blasting operations within the Village of New Paltz after 5:00 p.m. and before 9:00 a.m., nor at any time on Saturday, Sunday or holidays.
Nothing contained in this chapter shall be construed to conflict with §§ 450 through 465 of the Labor Law of the State of New York.
The Board of Trustees or its duly authorized representative is hereby authorized and empowered to establish and promulgate rules and regulations concerning blasting operations in the Village, storage of explosives and other matters contained in this chapter not inconsistent with the 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.
The Building Inspector shall be the enforcement officer of this chapter and shall serve as the authorized representative of the Board of Trustees unless otherwise specifically provided. He may, with the permission of the Board of Trustees, retain experienced professional persons, services, or agencies to assist him in any technical matters in carrying out the provisions of this chapter. He shall have the right to immediately stop any blasting if any damage occurs or if any damage occurs pending investigation by the Village, and to issue and serve appearance tickets with respect to violation of this chapter when he has reasonable cause to believe that an offense has been committed.
[Amended 10-22-2008 by L.L. No. 10-2008; 10-22-2014 by L.L. No. 13-2014]
Any person who violates any provision of this chapter shall be guilty of a violation pursuant to the Penal Law punishable by a fine as set annually by resolution of the Board of Trustees or imprisonment for not more than 30 days, or both such fine and imprisonment, for each violation of the law.