This article shall apply to the manufacture, possession, storage,
sale, transportation and use of explosives and blasting agents, except
that nothing in this article shall be construed as applying to:
A. The Armed Forces of the United States of America or the state militia.
B. Explosives in forms prescribed by the official United States Pharmacopoeia.
C. The sale or use of fireworks.
D. The possession, transportation and use of small-arms ammunition or
special industrial explosive devices.
E. The possession, storage, transportation and use of smokeless powder
and small-arms primers for hand loading of small-arms ammunition for
personal use and black powder for use in the firing of antique firearms
or artifacts or replicas thereof, in compliance with New York State
Labor Law Industrial Code Rule 39 (12 NYCRR 39) and the New York State
Fire Code.
F. The manufacture, possession, storage and use of not more than 15
pounds of explosives or blasting agents in educational, governmental
or industrial laboratories for instructional or research purposes
when under direct supervision of experienced, competent persons.
G. The transportation and use of explosives or blasting agents by the
United States Bureau of Mines, the Federal Bureau of Investigation,
the United States Secret Service or police and fire departments acting
in their official capacity.
As used in this article, the following terms shall have the
meanings indicated:
AIR BLAST
The airborne shock wave or acoustic transient generated by
an explosion.
BLACK POWDER
A deflagrating or low-explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
BLASTER
A person who holds a valid New York State license to perform
blasting operations.
BLASTING
The fracture of any heavy mass by detonation of explosive
materials.
BLASTING AGENT
Any material or mixture consisting of a fuel and oxidizer
intended for blasting, not otherwise classified as an explosive, in
which none of the ingredients are classified as explosives, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
Materials or mixtures classified as nitro-carbo nitrates by Interstate
Commerce Commission regulations shall be included in this definition.
BLASTING MACHINE
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
BLAST MAT; BLASTING MAT
A mat of woven steel wire, tires or other suitable material
or construction to cover blast holes for the purpose of preventing
fly rock missiles.
BLAST SITE
The specific place(s) or location(s) in or on which an explosive
is placed for the purpose of blasting. In the case of multiple explosives,
the location of each explosive shall be deemed to be a separate blast
site.
BLAST ZONE
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
BURDEN
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It means also
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
DETONATOR
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating-cord delay connectors
and nonelectric instantaneous or delay blasting caps.
EXPLOSIVE
Any 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 of any part thereof
may and is intended to cause an explosion, but shall not include gasoline,
kerosene, naphtha, turpentine, benzene, acetone, ethyl ether, benzol,
and all quantities of black powder not exceeding five 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, are of such nature, and are so packed that
it is impossible to produce an explosion of such units to the injury
of life, limb or property.
FIREWORKS
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
FLY ROCK
Rock propelled from the blast area by the forces of an explosion.
LOT OR PROPERTY LINE
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
MAGAZINE
Any building, structure or other enclosure or container,
other than an explosive manufacturing building, used for the storage
of explosives.
MISFIRE
An explosive material charge that fails to detonate after
an attempt at initiation.
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.
PROPELLANT
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder and black powder for small arms, cannons,
antique firearms, artifact firearms, antique firearms, and smokeless
powder or solid propellant for rockets, jet thrust units or other
devices.
SEISMOGRAPH
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
SPECIAL INDUSTRIAL EXPLOSIVE DEVICE
Any explosive powerpack containing an explosive charge in
the form of a cartridge or construction device. The term includes,
but is not limited to, explosive rivets, explosive bolts, explosive
charges for driving pins or studs, cartridges for explosive-actuated
power tools and charges of explosives used in jet tapping of open-hearth
furnaces and jet perforations of oil well casings.
SPECIAL INDUSTRIAL HIGH-EXPLOSIVE MATERIAL
Sheets, extrusions, pellets and packages of high explosives
containing dynamite, trinitrotoluol, pentaerythritol tetranitrate,
cyclotrimethylenetrinitramine or other similar compounds used for
high-energy-rate forming, expanding and shaping in metal fabrication
and for dismemberment and quick reduction of scrap metal.
STEMMING
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.
TEST BLASTING CAP NO. 8
One containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate, or a cap of equivalent strength.
VIBRATION
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
Permits shall be obtained from the Fire Inspector for the following
activities:
A. To manufacture, possess, store, sell or otherwise dispose of commercial
explosives or blasting agents.
B. To transport commercial explosives or blasting agents.
C. To use or detonate commercial explosives or blasting agents.
D. To operate a terminal for handling commercial explosives or blasting
agents.
E. To deliver or receive commercial explosives or blasting agents to
or from a carrier at a terminal between the hours of sunset and sunrise.
F. To transport blasting caps or electric blasting caps on the same
vehicle with commercial explosives.
[Added 6-21-2011 by L.L. No. 2-2011]
A. Permits. A local fire permit and an operating permit are required for the sale or use of fireworks, under Article
II, §
38-10C. Sections
38-13.3H and
38-13.6A also require a valid and current license by the State of New York and liability insurance policy, that insures the Town of Kent for $1,000,000. All persons must be over the age of 18.
B. Large firework displays.
(1) Large firework displays will require the assistance of the local
fire departments and police agencies. To ensure the safety of everyone,
contact these agencies early in the planning stage. Both agencies
have special requirements, which require volunteers and extra manpower.
(2) Notification needs to be made to the following agencies: Kent Police
Department; Lake Carmel Fire or Kent Fire Department; Town Fire Inspector.
(3) The following laws and standards are required to be maintained: the
New York State Fire Code; New York Penal Law Article 405; NFPA Code
1123 and 1126.
(4) The plan. The plan shall be provided to the Fire Inspector for review.
This plan shall provide the following:
(a)
Name of the person, group, or organization sponsoring the production.
(b)
Date and time of day of the production.
(c)
Exact location of the production.
(d)
Name of the person actually in charge of firing the pyrotechnics.
(e)
Number, names, and ages of all assistants who are to be present.
(f)
Qualifications of the pyrotechnic operator.
(g)
Pyrotechnic experience of the operator.
(h)
Confirmation of any applicable state and federal licenses held
by the operator or assistant(s).
(i)
Evidence of the permittee's insurance carrier or financial
responsibility.
(j)
Number and types of pyrotechnic devices.
(k)
Diagram of the grounds or facilities where the production is
to be held. This diagram shall show the point at which the pyrotechnic
devices are to be fired, the fallout radius for each pyrotechnic device
used in the performance, and the lines behind which the audience shall
be restrained.
(l)
Point of on-site assembly of pyrotechnic devices.
(m)
Manner and place of storage of the pyrotechnic materials and
devices.
(n)
Material safety data sheet (MSDS) for the pyrotechnic material(s)
to be used.
(o)
Certification that the set, scenery, and rigging materials are
inherently flame-retardant or have been treated to achieve flame retardancy.
(p)
All materials worn by performers in the fallout area during
use of pyrotechnic effects shall be inherently flame retardant or
have been treated to achieve flame retardancy.
C. Indoor pyrotechnics displays. Where the use of certain indoor pyrotechnics
requires smoke detectors to be bypassed or air-handling systems to
be disengaged, the Fire Department and the Town Fire Inspector shall
be notified. A representative from the local Fire Department shall
be present for the demonstration. The individual responsible for the
life safety systems of the building shall return those systems to
normal operating conditions as soon as the likelihood of false alarms
from the pyrotechnics has passed. Other regulations shall be following
as referred to, in Penal Code § 405 for indoor displays.
D. Portable firefighting equipment. Two or more fire extinguishers of
the proper classification and size as approved by the authority having
jurisdiction shall be readily accessible while the pyrotechnics are
being loaded, prepared for firing, or fired. In all cases, at least
two pressurized water or pump extinguishers shall be available. These
extinguishers shall be kept at as widely separated points as possible
within the actual area of the display.
|
Minimum radius of display site needed for outside display
per NFPA 1123
|
---|
|
Size of shell
(inches)
|
Radius
(feet)
|
---|
|
Less than 3
|
150
|
|
3
|
210
|
|
4
|
280
|
|
5
|
350
|
|
6
|
420
|
|
7
|
490
|
|
8
|
560
|
|
10
|
700
|
|
12
|
840
|
E. The discharge site.
(1) The area selected for the discharge of aerial shells shall be located
so that the trajectory of the shells shall not come within 50 feet
of any overhead object.
(2) The audience at such display shall be restrained behind lines at
least 150 feet.
(3) No person shall be allowed within 150 feet of the display.
(4) No firework shall be displayed with winds that reach 30 mph.
(5) Ground display pieces shall be located a minimum distance of 150
feet from spectator viewing areas and parking areas.
(6) Exception No. 1: For ground pieces with greater hazard potential
(such as large wheels with powerful drivers, and items employing large
salutes), the minimum separation distance shall be increased to 300
feet.
(7) Exception No. 2: All roman candles and multishot devices shall have
the separation distance of 125 feet or 70 feet per inches, of tube
diameter, whichever is greater.
F. Fallout area.
(1) The fallout area shall be a large open area.
(2) Spectators, unauthorized vehicles, watercraft, or readily combustible
materials shall not be located within the fallout area during the
display.
(3) Fire protection personnel and their vehicles and other emergency
response personnel and vehicles shall remain at or beyond the perimeter
of the display site during the actual firing of the display.
G. During the display; operational procedures:
(1) During the firing of the display, all personnel in the discharge
site shall wear head protection, eye protection, hearing protection,
and foot protection and shall wear cotton, wool, or similarly flame-resistant,
long-sleeved, long-legged clothing. The operator and assistants shall
wear personal protective equipment, as necessary, during the setup
and cleanup of the display.
(2) Wherever, in the opinion of the authority having jurisdiction and/or
the operator, any hazardous condition exists, the fireworks display
shall be postponed until the condition is corrected.
(3) If, in the opinion of the authority having jurisdiction or the operator,
the lack of crowd control poses a hazard, the fireworks display shall
be discontinued immediately until such time as the situation is corrected.
(4) If, in the opinion of the authority having jurisdiction or the operator,
the lack of crowd control poses a hazard, the fireworks display shall
be discontinued immediately until such time as the situation is corrected.
(5) One or more spotters shall watch the flight and behavior of aerial
shells and other aerial fireworks to verify that they are functioning
as intended. If any unsafe condition is detected, such as hazardous
debris falling into the audience, the spotter shall signal the shooter
to cease firing until the unsafe condition is corrected. The spotters
shall be in direct communication with the shooter during the conduct
of the display, with an effective means of informing the shooter of
any hazardous condition.
(6) In the event of a condition arising requiring the entry of fire protection
or other emergency response personnel into the fallout area or security
perimeter, the display shall be halted until the situation is resolved
and the area is once again clear.
H. Ground display pieces.
(1) All ground display pieces shall be constructed, assembled, and stored
in accordance with NFPA 1124, Code for the Manufacture, Transportation
and Storage of Fireworks and Pyrotechnic Articles, or at the display
site.
(2) To the extent that it is practical, all ground display pieces shall
be positioned outside the discharge area of aerial displays.
(a)
Exception No. 1: Where ground display pieces are to be fired
electrically, they shall be permitted to be located in the fallout
area.
(b)
Exception No. 2: Where aerial shells have been preloaded, ground
display pieces shall be permitted to be located in that discharge
area.
(3) Dry grass or combustible materials located beneath ground display
pieces shall be wet down before the display if they are in sufficient
quantity to be a fire hazard.
I. Penalties. Penalties for failure to follow the regulations set forth shall be in accordance with Article
VII, §
38-44, of this chapter.