[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 2-14-1989 as L.L. No. 2-1989, effective 2-21-1989. (This local law also repealed former Ch. 120, Blasting, adopted 7-25-1955 as Sec. 8 of Ch. 7 of the Unified Code of Ordinances, effective 10-2-1955, as amended. Amendments noted where applicable.]
The Village Board of the Village of Mamaroneck takes recognition of requests by residents of the Village of Mamaroneck to impose regulations on the discharge of explosives within the village so as to promote the peace, good order and safety of the community.
This chapter is adopted pursuant to Article 2, § 10, of the Municipal Home Rule Law of the State of New York, Article 16 of the Labor Law of the State of New York and Title 12, Part 39, Chapter 16, of the New York Codes, Rules and Regulations, specifically Section 464-a, or as said provisions are amended from time to time.
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- Unless otherwise specified, the Village of Mamaroneck Building Inspector or his designated representative.
- ENFORCEMENT AGENCY OR AUTHORITY
- The Village Engineer, the Building Inspector or the Fire Inspector of the Village of Mamaroneck or their designated representatives.
- Unless otherwise specified, the Village of Mamaroneck Engineer or his designated representative.
- 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 any part thereof may and is intended to cause an explosion, but shall not include gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol and all quantities of black powder not exceeding five (5) 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 to the injury of life, limb or property.
- FIRE INSPECTOR
- Unless otherwise specified, the Village of Mamaroneck Fire Inspector or his designated representative.
- All ledge or bedrock, boulders or masonry larger than one-half (1/2) cubic yard in volume and any material requiring blasting, barring, chipping, wedging or other methods for removal from its original bed.
The provisions of Article 16 of the Labor Law of the State of New York, as well as Industrial Code Rules contained in Title 12, Part 39, of the New York Codes, Rules and Regulations, or as said provisions are amended from time to time, are recognized as applicable to the possession, handling, storage and transportation of explosives within the jurisdiction of the Village of Mamaroneck and shall be complied with by all blasters.
No person, firm or corporation shall detonate explosives within the Village of Mamaroneck unless it is licensed pursuant to § 458 of the Labor Law of the State of New York and, in addition to such licensing, unless it has obtained a permit for such blasting from the Village of Mamaroneck pursuant to this section. Said permit shall be valid for a period of ninety (90) days.
[Amended 5-8-1989 by L.L. No. 7-1989, effective 5-12-1989]
Any person, firm or corporation intending to detonate explosives within the Village of Mamaroneck shall, prior to such detonation, apply for a permit to detonate such explosives from the Engineering Department of the Village of Mamaroneck. Such person, firm or corporation shall supply the Engineering Department with the following information:
The name of the owner of the property upon which the detonation of explosives is intended to occur.
The business address of the person, firm or corporation proposing to detonate explosives on the subject property.
Evidence of the fact that the person, firm or corporation intending to detonate explosives is duly licensed pursuant to § 458 of the Labor Law of the State of New York.
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.
All permits must be requested from the Village Engineer at least forty-eight (48) hours in advance of any blasting, except that requests shall never be made on Friday for an operation which is to begin on a Monday.
Upon submission of the foregoing information to the Engineering Department, on a form to be supplied by the Engineering Department, and an application fee, as set forth in Chapter A347, the Village Engineer may issue a permit for blasting to the applicant if the Village Engineer finds that the applicant is in compliance with this chapter and all applicable laws of the State of New York with respect to blasting.
No blasting shall take place on Saturday, Sunday or on any of the holidays listed below or on any other day or time period as noted in New York State laws, as designated by local, state or federal decree or as included in the body of this chapter:
Whenever blasting shall be permitted under the provisions of the Village Code, written notice, as approved by the Village Engineer, shall be given by the blasting contractor to property owners, at their addresses as shown on the latest assessment roll of the Village of Mamaroneck, as to all improved properties within an area designated by the Building Inspector. Said area shall include all properties which the Village Engineer shall find will be substantially affected by the proposed blasting. Said notice shall state the date on which blasting is proposed to commence and the estimated date when blasting will be completed. Said notice shall be mailed by certified mail, return receipt requested, at least ten (10) calendar days before the proposed commencement of blasting and shall be placed at each property in a conspicuous place at least three (3) days before commencement of blasting. An affidavit of mailing or delivery of the notice, designating the name and address of each property owner notified, shall be filed by the blasting contractor with the Village Engineer before commencement of blasting. Failure to furnish evidence of such notice shall be grounds for revoking a permit for blasting.
Before any blasting can begin, the blasting contractor shall cause to be made an in-depth inspection of all homes, structures or facilities within a minimum distance of one thousand (1,000) feet of the center line of the site (e.g., gravity sewers) to note the interior and exterior condition, including foundation walls, sidewalks, pools and the like. The inspection and written report shall be conducted by an independent firm experienced in this type of work.
Should it be determined by the Village Engineer that a preblasting inspection report is necessary for any area not listed above but within the proximity of the blasting, the Village Engineer shall advise the blasting contractor of this requirement, and a report shall be prepared as requested.
A copy of the inspection report, when it is completed, covering each house, structure or facility inspected, shall be delivered to the Village Engineer. This report must be conducted and delivered prior to any detonation of explosives.
The blasting contractor shall provide continuous blast monitoring during construction.
Blast monitoring shall be performed by an independent testing agency at the blasting contractor's expense.
The peak particle velocity shall be limited to two (2) feet per second maximum.
The Village of Mamaroneck shall assume no responsibility whatsoever for any costs incurred in connection with any work required under this section.
Explosives for blasting shall be kept in a properly constructed magazine painted red and marked "danger."
At no time shall the amount of explosives kept at the site of the work exceed amounts needed for one (1) working day, unless otherwise approved in writing by the Village Engineer. Such explosives shall be stored, handled and used in conformance with any and all applicable laws, regulations and codes. Under no circumstances may explosives be stored over any weekend, and all excess explosives not required for Friday's detonation shall be removed by 12:00 noon on Friday.
Accurate daily records shall be kept, showing the amount of explosives on hand within the municipal boundary, both at the site and at any storage magazine, the quantities received and issued and the purpose of which issued, when used or stored within the village limits.
The blasting contractor shall be responsible for any damage or injury to any persons, property or structures as a result of his handling, storage or use of explosives.
Magazines to be used for storage of explosives shall be as specified in the current standards of the National Fire Protection Code. Magazines are to be kept locked, except when being inspected or when explosives are being placed therein or being removed therefrom. All magazines will be stored at a location approved by the Village Engineer. Under no circumstances is the agreed storage location to change without written permission of the village.
Blasting caps, electric blasting caps, detonating primers, primed cartridges and primer cord shall not be stored in the same magazine with other explosives, pursuant to the New York State Fire Code.
All material safety data sheets for each type of explosive shall be forwarded by the blasting contractor to the Fire Inspector of the Village of Mamaroneck and copied to the Engineering Department, and copies shall be kept on the actual storage site.
Accurate daily records shall be maintained by the blasting contractor showing the locations of all blast holes, size of actual load used and time of load detonation.
Only such quantity of explosive shall be used in a blasting operation as may be necessary to properly start the rock.
Ledge rock, boulders and large stones shall be removed from the sides and bottom of the trench to provide clearance for the specified embedment of each pipe section, joint or appurtenance; but in no instance shall the clearance be less than six (6) inches. Additional clearance at the pipe belt or joint shall be provided to allow for the proper makeup of the joint.
At the transition from an earth bottom to a rock bottom, the minimum bottom clearance shall be twelve (12) inches for a distance of not less than five (5) feet.
Concrete for structures shall be placed on the rock, and the excavation shall be only to the elevations and grades shown on the contract drawings.
Rock removal and backfilling shall be performed in accordance with all generally accepted standards.
The rock excavated which cannot be incorporated into the backfill materials as specified shall be disposed of as spoil and shall be replaced with the quantity of acceptable material required for backfilling.
Immediately after loading and tamping the hole and before firing the blast, the rock to be blasted shall be covered on all exposed sides with a strong woven matting of rope or wire, and, in the case of a rope mat, the same shall be held down by a sufficient number of timbers, each ten (10) feet long and ten (10) inches in the smallest diameter, held securely together by chains or steel wire. After the rock has thus been covered, the blast shall be fired without unnecessary delay. The amount and manner of application of the proposed covering to be placed over blasts situated on the perpendicular or diagonal side of the rock and over blasts for trenches, manholes and sewer and gas connections shall be as required by good practice.
All blasts in open cut shall be properly covered and protected with approved blasting mats.
Charges shall be of such size that the excavation will not be unduly large and shall be so arranged and timed that adjacent rock, upon or against which pipelines or structures are to be built, will not be shattered.
Blasting will not be permitted within twenty-five (25) feet of pipelines or structures.
All existing pipes or structures exposed during excavation shall be adequately protected from damage before proceeding with the blasting.
After a blasting permit has been issued, written notice of blasting shall be given to the Village Engineer by the blasting contractor at least forty-eight (48) hours prior to commencement of blasting.
The Village Engineer reserves the right to alter rock removal techniques and activities, as required.
At least three (3) minutes before firing a blast, the blaster shall give warning thereof by causing a competent person carrying a red flag to be stationed a reasonable distance and not less than one hundred fifty (150) feet from the blast at each avenue of approach and also by calling out the words "a blast" several times repeated and loud enough to be heard at a distance of three hundred (300) feet from the point of discharge.
The blasting contractor shall further notify all occupants of all houses within three hundred (300) feet of the work on the morning of each day when blasting is to be done and shall notify the occupants of all houses within one hundred fifty (150) feet of the work before each blast is fired.
No detonation of explosives shall be permitted within the Village of Mamaroneck except between the hours of 9:00 a.m. and 4:00 p.m. on any day on which blasting is otherwise permitted.
The Building Inspector and/or the Village Engineer of the Village of Mamaroneck or their duly authorized representatives have the authority to monitor blasting operations when such monitoring is, in their discretion, deemed necessary and to inspect the storage, handling and size of the charges intended to be detonated. The Building Inspector and/or the Village Engineer of the Village of Mamaroneck shall also have the authority to inspect blasting sites to ensure that the provisions of all applicable laws of the State of New York, rules and regulations of the State of New York and this chapter are being complied with. The enforcement agency shall have authority to issue appearance tickets to compel the appearance in court of any person, firm or corporation found to be in violation of any applicable state law or regulation or this chapter.
Every accident caused by an explosion of a blast within the village limits shall be regarded as presumptive evidence of negligence on the part of a contractor or blaster concerned with the operation in the course of which such explosion occurs, and the permit of the blaster shall be revoked, unless it shall appear at a subsequent hearing that the accident occurred despite the observance of all proper precautions in the handling of such explosive, and, pending such hearing, such permit shall be suspended. Said hearing shall be before the enforcement authority and shall be requested in writing by the permit holder within five (5) days from the notice of revocation and shall be held within ten (10) days thereafter. The permit shall not be reissued or renewed except upon delivery to the Village Clerk of a new and additional bond under the provisions of § 120-18.
Any injury or damage to the work or to existing pipes, facilities or structures shall be repaired or rebuilt by the blasting contractor at his expense.
Whenever, in the opinion of the Village Engineer, blasting may damage adjacent rock, pipes, facilities or structures, blasting shall be discontinued and the rock removed by drilling, barring, wedging, chipping or other methods, as approved by the Engineer.
Every applicant pursuant to this chapter, as well as the owner of the property upon which such applicant intends to detonate explosives, is deemed to consent to the presence of the Building Inspector, the Village Engineer or their designated representatives on the blasting site for the purpose of inspecting or monitoring the handling, the storage and the detonation of explosives.
Requests for storage of any explosive materials, storage magazines, etc., must be in writing.
If permission is granted for the storage of any explosive materials, storage magazines, etc., said permission shall be in writing and must be retained (posted) on the actual storage site of the materials. Permission granted by the Village of Mamaroneck for the storage of explosive materials in no way whatsoever infers that the responsibility is transferred to the village.
The Village of Mamaroneck shall be coinsured at all times.
Storage magazines shall be secured with tamperproof locks.
Storage magazines shall be completely fenced in, including the top. The gate shall be secured with a tamperproof locking device. All appropriate warning signs shall be utilized.
The minimum posted insurance bond shall be five million dollars ($5,000,000.) unless changed by mutual consent of the village and the blasting contractor, as so stated in writing.
All insurance shall be kept in effect from the date that permit is issued until the contract is completed. If the contract end is significantly later than the end of the blasting period, then request for a waiver of insurance for blasting shall be made in writing.
The Village Engineer, Building Inspector, Fire Inspector and/or Fire Chief or their designated representatives reserve the right to inspect the actual blasting site, storage area, storage magazines, trucks or other vehicles used in the transportation of the explosives at any reasonable time.
Prior to the issuance of a permit, the blasting contractor shall submit to the Village Engineer his anticipated route through the village for the delivery of any explosives. No permit will be issued until the route is approved by the Village Engineer and Fire Inspector.
Should it become necessary for the blasting contractor to change the approved route for the delivery of any explosives, the blasting contractor shall request such a change in writing from the issuing authority. The original approved route will be maintained up to the date that the change is approved. Should this not be practicable, delivery shall be halted until the revised route is reviewed and approved by all agencies involved. Should the Engineer or Fire Inspector determine that the route of delivery must be changed, for whatever reason, he shall verbally notify the blasting contractor immediately and follow this notification with notice in writing. The blasting contractor shall terminate his delivery route immediately upon such verbal notice and shall submit an alternate routing plan for review by all necessary agencies.
Copies of all licenses of actual shooters shall be given to the Village Engineer. All licenses shall be valid, current and not due to expire during the blasting period. Should a license be scheduled to be renewed during the blasting period, the renewal should be taken care of so that the renewal certificate will be in place at least ten (10) days prior to the scheduled date of renewal. Should the blasting contractor wish to have another shooter on the job during this period to cover for the current shooter, approval shall be requested in writing from the Engineer. Under no circumstance shall a new shooter be allowed to perform his work without first having been present on the job site for at least forty-eight (48) hours [two (2) working days] during which time blasting shall have taken place in his presence. This overlapping is to ensure adequate familiarization of the shooter with the specific site conditions of the job.
No one shall blast within the Village of Mamaroneck until he or his employer has given to the Village a bond executed by a surety company, satisfactory to the Village Manager. Said bond shall be in an amount to be determined by the Village Manager; however, said amount shall not be less than one hundred thousand dollars ($100,000.) and shall cover the faithful performance of the permittee.
In addition, the permittee shall be responsible to have in effect, at the permittee's sole cost and expense, a comprehensive general liability insurance policy in the sum of at least five million dollars ($5,000,000.) for any occurrence, including:
In addition, any permittee granted a permit to blast shall also supply a certificate evidencing the following insurance coverage:
Said certificate shall be issued to the Village of Mamaroneck and shall contain a clause that states: "No modification, cancellation or diminution of coverage shall take place unless the certificate holder receives not less than thirty (30) days advance written notice thereof via registered or certified mail."
Any person, firm or corporation violating any of the provisions of this chapter or failing to comply therewith shall be guilty of an unclassified misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than one (1) year or by a fine of not more than one thousand dollars ($1,000.), or both such fine and imprisonment. Each violation of any provision of this chapter shall be a separate and distinct offense, and, in case of continuing violation, each day such violation shall be permitted to exist shall constitute a separate offense.
The issuance of any permit hereunder shall in no manner be construed as an approval of, waiver of or compliance with any additional requirements of the State of New York, the Department of Labor or any other agency authorized to supervise the detonation of explosives.
The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any part of this chapter which can be given effect without such invalid part or parts.