[HISTORY: Adopted by the Town Board of the
Town of Harrison 6-3-1998 by L.L. No. 7-1998. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch.
103.
Building permit fees; outdoor assemblies — See Ch.
106.
The purpose of this chapter is to establish
minimum safeguards to life, health and property by adoption of reasonable
and effective restrictions relating to the possession and use of explosive
materials. To protect the health and safety of our residents and prevent
undue exposure of private and public property to risk of damage, the
Town Board hereby designates acceptable hours for blasting operations
and regulates the intensity of the ground and airborne vibrations
during those hours when blasting is authorized. This chapter is also
meant to be used to provide information to those who possess or use
explosives in the Town. Nothing herein is intended nor shall be construed
to relieve the blaster from any liability nor to impose any liability
on the Town, its officers, employees or agents.
This chapter shall apply to every person who
manufactures, sells, transports, stores, possesses, handles or uses
explosives in the Town and shall also apply to the procedures for
the issuance of permits, the payment of fees, the recordkeeping required
for permit holders and reporting procedures required for such persons.
A. No blast shall be initiated at any location within
the Town limits unless a written permit has been obtained from the
Building Inspector and signed by the Town to blast at that specific
location. No person shall initiate a blast unless such a permit has
been issued to him/her. The blasting permit form shall be approved
by the Town Attorney and shall include but not be limited to the following:
name, home and business address and phone numbers of the applicant
blaster; a copy of the blaster's valid State of New York Department
of Labor explosive license to purchase, own, possess and transport
explosives; and a copy of the blaster's valid State of New York Department
of Labor blaster's certificate of competence to use explosives as
s/he is rated by the Department of Labor. The permit shall also list
the address(es) and description of the specific location of the blast
area and the name(s) and address(es) of the owner(s) of said property,
a description of all structures within 500 feet of the blast area
and the names and addresses of all owners of said structures, the
purpose of the blasting and the amount and type of material to be
blasted. The permit application shall be accompanied by the insurance
and agreements required by this chapter and a pre-blast property inspection
of each structure located within such distance as specified by the
Building Inspector by no less than 500 feet from the blast area. The
permit application shall also be accompanied by a good and sufficient bond in the amount of $100,000 approved by the Town Attorney
conditioned for holding the Town harmless from any and all injuries
or damages arising or accruing, directly or indirectly by reason of
the storage, handling or use of explosives. The permit shall also
contain any other information that the Town Building Inspector, the
Fire Chief or his/her designee or any code enforcement officer shall
deem necessary to protect the health and safety of the public or to
prevent public or private property from exposure to risk of damage.
B. The applicant shall sign the permit application after acknowledging that all the information provided is true and s/he will abide by all local ordinances, federal, New York State, Institute of Mechanical Engineers (IME) and explosive industry standards regarding the safe and efficient use of explosives as well as the restrictions set forth in this chapter. The permit shall remain in effect for the specific job, and a new permit is required for each new job, as long as the blaster's license and certificate remain valid. Invalidation or expiration of either one causes this permit to be invalid also. The fee for each application shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to §
137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
Before a blasting permit is issued, the applicant
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 guaranteeing that the applicant has in full force and effect
a policy of public liability insurance, including a specific endorsement
covering the liability arising from blasting and providing bodily
injury coverage of not less than $1,000,000 per person and $3,000,000
per event and property damage insurance of not less than $500,000/$1,000,000.
"The Town of Harrison, the Village of Harrison, the Building Inspector
and their respective officers, employees and agents" shall be named
as additional insureds on said policies. The applicant and such policies
shall also provide that the Town and the Village be held 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 operation. Such policy shall have the
provision that the policy or policies shall not be canceled, terminated
or modified by the insurance company unless 30 days' notice is given
the Town and such change or modification is mutually agreed to. No
permit shall be issued unless such insurance or a modified insurance
policy agreed to by the Town is in full force and effect and copies
are on file in the Town office.
Before the issuance of a permit, the applicant
shall cause to be conducted a pre-blast inspection of each structure
within 500 feet of the blast area and such other structures as required
by the Building Inspector. The pre-blast report shall include a map
of the blast area and areas within 500 feet of the blast area, the
location and owner of each structure within said areas, a description
of the purpose of the blasting, a detailed description of the procedures
to be followed, the names and addresses of each structure inspected
and each structure for which access for inspection was denied and,
if denied, the name and description of the person denying access,
the report of each inspection showing the areas inspected, the composition
of each element of the structures inspected, a detailed description
with photographs or drawings of each item of damage to each structure
inspected and such other information as the Building Inspector may
require.
The Town Building Inspector, Town Engineer,
Fire Chief or his/her designee or code enforcement officer, for reasons
of public safety, may enter without delay any vehicle, structure,
dwelling, construction site, workplace or environment within the Town
limits, where s/he can articulate grounds to believe explosives are
being stored or possessed or used. Said official may revoke said permit
for any just cause, including but not limited to false statement or
representation on the blasting permit or violation of any local ordinance,
federal, New York State, IME or industry regulation of standard for
safety. A written report of such revocation shall be made without
unnecessary delay or within five working days to the Town Justice
Court, and the permit holder shall be notified of his right to a hearing
and redress within 10 working days of the alleged violation. Affirmation
or withdrawal of the complaint shall be determined by the Town Justice
Court.
The holder of a blaster's permit issued pursuant
to this chapter shall perform blasting operations in accordance with
the provisions, regulations and requirements of the State of New York
Labor Law and of the codes, rules and regulations and any and all
amendments thereto and, in addition, shall perform such blasting operations
in accordance with the recommended good practices of the IME and industry
or manufacturer's standards. No person shall use, in a blasting operation,
a quantity of explosives greater than necessary to reasonably break
the material being blasted or use such amount as to risk injury or
damage to persons or property within or outside the blast area. The
blaster shall plan each blast, taking special precautions in loading,
delaying, initiation, confinement and stemming, as to control the
throw of fragments or flyrock, ground vibration and air concussion
effects. When blasting is to be conducted near a property line where
the owner is not a party of the blasting operations, the blaster shall
take all precautions necessary, utilizing any combination of recognized
methods of controlled blasting techniques. If the Town designee or
enforcement officer so orders, due to the magnitude of the proposed
blasting, that pre-blast inspections of the surrounding homes or area
are necessary, they must be made by the blaster or his/her representatives
at the blasting permit holder's expense, and copies must be provided
to the homeowners and be on file in the Town office before blasting
begins. The scope of the pre-blasting perimeters shall be determined
by the Town Building Inspector but in no event shall be less than
500 feet from the blast.
No explosives shall be sold, given or delivered
to any person who does not hold a valid license to possess such explosives.
All explosives not being handled or used in a blasting operation shall
be securely locked in a container approved for securing the type and
amount of the explosives contained therein, and said container shall
be under the direct observation and guard of a person holding a valid
license to possess the type and amount of explosives contained therein
at all times. No unauthorized or unlicensed persons shall have access
to explosives in the Town, and the access to and the security of the
explosives shall be deemed the responsibility of the blasting permit
holder. Blasting caps and detonators shall be stored separately from
explosives at a recognized safe distance, and only 50 caps or detonators
or fewer shall be transported to explosives for priming and borehole
loading at one time. Should the blasting operation require more than
50 caps to be transported to explosives on the blasting site, the
blasting caps or detonators shall be transported in a box designed
to carry blasting caps or detonators and approved by the State of
New York and IME for such purposes.
Blasting will only be permitted Monday through
Friday from 9:00 a.m. to 5:00 p.m. Weekend and legal holiday blasting
is prohibited unless special permission is granted by the Town Building
Inspector in writing and attached to the blasting permit in question.
The Town retains the right to make other restrictions if necessary.
It shall be the responsibility of the blasting
permit holder to notify all owners and occupants of adjacent, abutting
or adjoining properties to the blast area, or parcels likely to come
under the influence of the blast, at least 24 hours before the blast,
of his/her intentions and operations and any recommended safety precautions.
It shall be the responsibility of the blasting permit holder to secure
the blast area or danger zone and to post a sufficient number of personnel
to prevent the entry of unauthorized persons into the blast area.
These personnel should be deployed to completely control pedestrians
and traffic from entering during blasting operations. In addition,
the blaster shall make sure all employees are out of the blast area
and any and all entrances to the blast area are carefully guarded
with sufficient watchmen to guarantee safety. Just before the blast,
the watchmen shall notify all persons in the general area around the
blast area, and the blaster shall sound a recognized whistle or siren
or horn of sufficient power to be heard in the general area around
the blast area. The blasting permit holder shall be responsible for
having the Police Department and the Town Building Inspector notified
of the impending blast not more than two hours before nor less than
one hour before of the exact time and location of the planned blast.
The blaster shall be held financially responsible for the cost to
the Town of any extra police or emergency personnel that may be necessary
as a result of the blasting operation for which s/he is responsible.
Notwithstanding any other regulations, no blasting,
whether of overburden, stone, clay or other material, shall be done
or performed in such manner and under such circumstances or conditions
as to eject debris into the air so as to constitute a hazard or danger
or do harm or damage to persons or property. Before firing a blast
that might cause injury to persons or damage property from flyrock,
the material to be blasted shall be properly covered or screened by
a buffer of sufficient mass and strength to prevent, with a margin
of safety, the ejection of any material capable of causing any injury
or damage.
Any person intending to demolish by explosives
any construction that exceeds 25 feet in height shall apply for his
required blaster's permit 30 days before commencement of demolition
activities. In addition to the normal blasting permit fee, the applicant
must agree to be responsible for the cost of any engineer, public
safety, environmental impact or historical study that might be deemed
necessary by the Town Building Inspector and Town Engineer to determine
if such blaster's permit is to be issued. In addition, the blaster
applicant must agree to be financially responsible for any additional
police, fire or utility response that may be deemed necessary by the
Town as a condition to the blaster's permit.
While breaking boulders or other similar objects,
trees or masonry, from the time the explosive loading process begins,
no one but the blaster and his designated helper(s) shall be allowed
in the blast area. Block holes shall contain at least 85% suitable
stemming material.
The amount of explosives delivered to, stored
by or possessed by the blaster at any blasting area shall not exceed
the amount necessary for that day's planned blasting schedule. No
explosives shall be left unattended, all explosives shall be securely
locked when not being handled or used, and blasting caps or detonators
shall not be stored with other explosives.
All empty explosive packages or containers not
consumed in the blasting shall not be used again for any other purpose
but shall be disposed of in a safe and legal manner. A person shall
be considered in violation of this chapter if s/he places or causes
to be placed any explosive, package or container, or facsimile thereof,
or facsimile bomb or explosive device in a building, place of assembly
or facility of public transport or in a place likely to cause public
inconvenience, annoyance or alarm.
The blaster shall be responsible for determining
the location of any utility lines that may be located in the proposed
blast area, and shall contact the appropriate representative of such
utility prior to any blasting, making available the blast design and
any other information the utility representative may require. No blasting
shall be permitted unless the blaster and the authorized utility representative
are in full agreement as to what precautionary procedures will be
performed to protect the utility. The blaster shall be responsible
for all gas, water, storm drains, hydrocarbon, sewer, electric, telephone,
cable television, alarm, telegraph and utilities, as well as any other
utility that may be affected by the blasts. Before blasting in any
blast area that borders or is in close proximity to a road, street,
highway, railroad or other pathway of transportation or commerce,
the blaster shall notify both the owner of the highway or street and
the police authorities having jurisdiction over the street or railroad.
No blasting will be permitted until the highway owner and police authority
are in full agreement as to what precautionary procedures will be
performed to protect the highway and its users.
All boreholes or block holes shall be completely
sealed with a stemming material of suitable density and cohesion as
to prevent rifling with a margin of safety. Proper stem material must
be given special consideration in wet holes. The use of sand, dirt
or drill cuttings for stemming material under these circumstances
is prohibited. Recommended stem material such as pea gravel or one-fourth-inch
crushed stone may be used.
A record of each blast shall be kept on a form
approved by the Town Board, and all records shall be retained as prescribed
by state law. Such records shall be available for inspection as a
matter of public record. The Board reserves the right to require a
copy of such blasting log after each blast or after the end of daily
blasting operations or at any time while the blasting permit holder
is required to maintain such records. Required information to be recorded
for each blast shall include but not be limited to name and permit
number of blaster, blast location, date and time and number of blasts,
weather conditions, temperature, wind direction and speed, identification
of and distance and direction to the nearest structure, total explosive
used per delay, powder factor, number of holes, space and burden,
hole diameter, depth, fact, height, subdrill, number of rows, type
and length of stemming, type of material blasted, type and brand and
pounds of explosives used, brand, type and number of detonators used,
number of holes per delay, number of series in parallel, type of blasting
machine, names of members of blasting crew other than the permit holder,
mats or precaution used, name and type of seismograph employed, location
of instrumentation, distance from blast and direction, person taking
reading and witness, and the firm analyzing seismic record, sound
level and blast diagram. Any injury, accident or misfire involving
explosives shall be recorded, and full written report shall be attached
to the appropriate blasting log, including the names of all participants
and witnesses and any render-safe procedures or remedial actions taken.
The Town Building Inspector may require additional or special information
from any blaster. The Town Building Inspector may add special restrictions
to any blasting permit if any unusual condition exists.
Ground and airborne vibration levels shall conform
to the limits set in the United States Code of Federal Regulations,
30 CFR, Chapter VII, Part 816.67, Use of Explosives: Control of Adverse
Effects. In no case shall the decibel level of airborne vibrations
or the peak particle velocity of groundborne vibrations exceed the
limits as specified therein at any aboveground structure not owned
by those engaged in the blasting. The maximum allowable ground vibration
shall be reduced by the Town designee beyond the limits otherwise
provided by this section if determined necessary to provide damage
protection to property.
Any documented damage claims received by the
Town or its designees may be cause to suspend blasting until the Town
Board, Town Attorney, Town Engineer and Building Inspector review
the alleged claims. Work on the permit shall not be resumed until
so ordered by the Town designee. Work can be halted for cause until
the permittee presents a new plan that is approved by the Town designees.
The operations of the United States military
or federal, state or Town government, including all departments, agencies
and divisions thereof, acting in the proper performance of their duties
and functions, the school district of the Town, police and fire-fighting
forces, explosives in the course of transportation moving under the
jurisdiction of and in conformity with regulations adopted by any
federal department or agency are exempt from the requirements of this
chapter. The Town Board may grant exemption to other agencies such
as public benefit corporations or volunteer service organizations
as it deems proper.
A. Any owner or agent and any person or corporation who
shall violate any of the provisions of this chapter or fail to comply
with such provisions shall be guilty of a misdemeanor of this chapter
and shall be subject to a fine of not less than $100 nor more than
$1,000 or to imprisonment for a term of not more than 15 days, or
both. Each and every day such violation continues shall be deemed
a separate and distinct violation.
B. In addition to the foregoing, the Town may maintain
an action for an injunction to enforce obedience to this chapter.