[HISTORY: Adopted by the Town Board of the Town of Wallkill 6-24-1999 by L.L. No. 3-1999. 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 Wallkill, as well as their property, by establishing reasonable regulations governing the possession and use of explosive materials.
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.
The technical standards set forth in this chapter are based upon generally recognized criteria and accepted industry standards. See New York State Labor Law, Article 16; 12 NYCRR Part 39; National Fire Protection Association (NFPA) No. 495-1973; 27 CFR Part 55; 49 CFR Parts 171-178 and 49 CFR Parts 390-397 for other additional standards that may be applicable.
The provisions of this chapter shall not apply to the following:
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.
The transportation of explosives in interstate or intrastate commerce regulated by state or federal law.
Fireworks, subject to regulation under the Penal Law.
Small arms ammunition, including smokeless or black powder when possessed for noncommercial purposes in quantities of five pounds or less.
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.
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:
The applicant's full name, address and telephone number, as well as the name of the blaster.
The location where the applicant proposes to manufacture, sell, possess, store or use explosives.
A statement as to the purpose and need to manufacture, sell, possess, store or use explosives.
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.
The quantity of explosives to be manufactured, sold, possessed, used or stored.
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.
A copy of the blaster's license to purchase, own, possess, transport and use explosives and the certificate of competence.
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.
The time, date and location blasting is scheduled.
A list of all landowners, including name and address, within a five-hundred-foot radius of the proposed blast site.
A pre-blast survey of the site, where one inch equals 30 feet in scale, showing all structures within a five-hundred-foot radius of the proposed blast site.
Expiration, revocation or cancellation of the blaster's state license shall automatically void any permit issued under this chapter.
No permit holder shall transfer or assign a permit issued under this chapter.
Each application for a permit shall be accompanied by a fee, which shall be set by resolution of the Town Board.
[Amended 3-23-2006 by L.L. No. 3-2006]
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 workers' 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 the town and such changes or modification is mutually agreed to.
The applicant shall also furnish a notarized statement agreeing to indemnify and hold the town harmless from any and all claims, actions and proceedings brought by any person, firm or corporation for any injury to any persons, or damage to any property resulting, directly or indirectly, from the applicant using, storing, handling, transporting or manufacturing explosive material or conducting blasting activity in the town.
Inspection. The Town Building Inspector, Consulting Engineer or Commissioner of Public Works 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 this chapter.
Permit revocation. The Building Inspector 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 rule 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 mail within five 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.
Appeals. An appeal pursuant to this section shall be heard by the Town Board. The Building Inspector and/or his agents shall appear, state his findings and the reasons for revoking or modifying the permit. The permit holder and/or the blaster shall be offered the opportunity to appear and present evidence why the permit should not be modified or revoked. The appeal board may sustain the Building Inspector's decision, reinstate any permit or amend any modifications imposed by the Building Inspector.
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.
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.
In the case of multioccupancy structures, residential and commercial, located within 300 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.
At least five days prior to blasting, the blaster or his designee shall notify all persons within 500 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.
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 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.
The blasting permit holder shall notify the Building Inspector or his designated representative and the Police Department of an impending blast at least three hours but not more than 12 hours prior to the time each blast is scheduled.
The material to be blasted shall be properly covered or screened by the blaster to prevent injury or damage to persons or property.
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, which record shall include location of each blast, time of each blast, number, diameter and depth of each hole and distance between holes; burden depth; stemming length; make and type of explosives; delay make, number and period; and weather conditions. The following seismograph information must also be recorded for each blast and provided to the Building Inspector; 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.
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, and no further blasting shall be conducted until the Building Inspector has had an opportunity to review the accident report and the permit.
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.
The maximum allowable concussion or air blast resulting from blast operations shall not exceed 130 decibels peak, measured at a flat frequency response (plus or minus two decibels) over the range of at least six to 200 hertz.
When blasting is of a continuing nature, 124 to 130 decibels shall be the acceptable range.
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.
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.
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:
Any person demolishing any structure in excess of 25 feet in height must agree to assume 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.
Any person, including any owner or agent or corporation, who shall violate any of the provisions of this chapter shall, following conviction, be guilty of a misdemeanor.
The first violation shall be punishable by a fine not to exceed $2,500 and subject to a period of incarceration not to exceed 10 days.
A second and each subsequent offense shall be punishable by a fine not to exceed $5,000 and subject to a period of incarceration not to exceed 20 days.
The provisions of this chapter may be enforced by the Building Inspector.
The following words and terms, when used in this chapter, shall have the following meanings:
- AIR BLAST
- The airborne shock wave or acoustic transient generated by an explosion.
- BLACK POWDER
- 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.
- BLASTING AGENT
- Any material or mixture intended for blasting not otherwise classified as an explosive.
- That dimension of a medium to be blasted measured from the bore hole to the face at right angles to the spacing. It means also the total amount of material to be blasted by a given hole.
- CERTIFICATE OF COMPETENCY
- Any authorization to keep, store, transport, manufacture or use explosives issued under New York State Labor Law Article 16.
- The Code of Federal Regulations.
- A. 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.
- B. The term "explosive," except as specifically stated herein, does not include:
- Cycles per second.
- National Fire Protection Association.
- 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.
- 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 a bore hole after the explosive for the purpose of confining explosive materials or to separate charges of explosive material in the same bore hole.