[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.
A.
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.
B.
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.
A.
The provisions of this chapter shall not apply to the
following:
(1)
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.
(2)
The transportation of explosives in interstate or intrastate
commerce regulated by state or federal law.
(3)
Model rocketry.
(4)
Fireworks, subject to regulation under the Penal Law.
(5)
Small arms ammunition, including smokeless or black powder
when possessed for noncommercial purposes in quantities of five pounds or
less.
B.
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.
A.
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:
(1)
The applicant's full name, address and telephone number,
as well as the name of the blaster.
(2)
The location where the applicant proposes to manufacture,
sell, possess, store or use explosives.
(3)
A statement as to the purpose and need to manufacture,
sell, possess, store or use explosives.
(4)
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.
(5)
The quantity of explosives to be manufactured, sold,
possessed, used or stored.
(6)
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.
(7)
A copy of the blaster's license to purchase, own, possess,
transport and use explosives and the certificate of competence.
(8)
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.
(9)
The time, date and location blasting is scheduled.
(10)
A list of all landowners, including name and address,
within a five-hundred-foot radius of the proposed blast site.
(11)
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.
B.
Expiration, revocation or cancellation of the blaster's
state license shall automatically void any permit issued under this chapter.
C.
No permit holder shall transfer or assign a permit issued
under this chapter.
D.
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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
The material to be blasted shall be properly covered
or screened by the blaster to prevent injury or damage to persons or property.
H.
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.
I.
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.
J.
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.
A.
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.
B.
When blasting is of a continuing nature, 124 to 130 decibels
shall be the acceptable range.
C.
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.
D.
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.
|
Distance Versus Weight of Explosives Method
NOTE: Distances over 60 feet are based on the formula
| ||
|---|---|---|
|
Where
|
W = D x 1.5/90
W = weight
D = distance
| |
|
Distance to Nearest Building
(feet)
|
Pounds Per Delay
| |
|---|---|---|
|
0 to 5
|
1/4
| |
|
5 to 10
|
1/2
| |
|
10 to 15
|
3/4
| |
|
15 to 60
|
1 per ft.
| |
|
60 to 70
|
6
| |
|
70 to 80
|
7 1/4
| |
|
80 to 90
|
9
| |
|
90 to 100
|
10 1/2
| |
|
100 to 110
|
12
| |
|
110 to 120
|
13 3/4
| |
|
120 to 130
|
15 1/2
| |
|
130 to 140
|
17 1/2
| |
|
140 to 150
|
19 1/2
| |
|
150 to 160
|
21 1/2
| |
|
160 to 170
|
23 1/4
| |
|
170 to 180
|
25
| |
|
180 to 190
|
28
| |
|
190 to 200
|
30 1/2
| |
|
200 to 220
|
34
| |
|
220 to 240
|
39
| |
|
240 to 250
|
42
| |
|
250 to 260
|
45
| |
|
260 to 280
|
49
| |
|
280 to 300
|
55
| |
|
300 to 325
|
61
| |
|
325 to 350
|
69
| |
|
350 to 375
|
79
| |
|
375 to 400
|
85
| |
|
400 to 450
|
98
| |
|
450 to 500
|
115
| |
|
500 to 550
|
135
| |
|
550 to 600
|
155
| |
|
600 to 650
|
175
| |
|
650 to 700
|
195
| |
|
700 to 750
|
220
| |
|
750 to 800
|
240
| |
|
800 to 850
|
263
| |
|
850 to 900
|
288
| |
|
900 to 950
|
313
| |
|
950 to 1,000
|
340
| |
|
1,000 to 1,100
|
375
| |
|
1,100 to 1,200
|
435
| |
|
1,200 to 1,300
|
493
|
E.
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:
|
Distance Versus Peak Particle Velocity Method
| ||
|---|---|---|
|
|
Distance
(feet)
|
Peak Particle Velocity of Any One Component*
(inches per second)
|
|
0 to 100
|
1.50
| |
|
100 to 200
|
1.25
| |
|
200 to 500
|
1.00
| |
|
500 to 1,000
|
0.50
| |
|
Over 1,000
|
0.25
| |
|
*NOTE: The measuring instrument's transducer shall be firmly coupled
to the ground.
| ||
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.
A.
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.
B.
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.
C.
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.
D.
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:
The airborne shock wave or acoustic transient generated by an explosion.
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.
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.
Any authorization to keep, store, transport, manufacture or use explosives
issued under New York State Labor Law Article 16.
The Code of Federal Regulations.
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.
The term "explosive," except as specifically stated herein, does not
include:
Cycles per second.
National Fire Protection Association.
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.
