[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 3-20-1950;
repealed and reenacted in the same form 7-10-2006 by L.L.
No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch.
109.
Excavations — See Ch.
151.
Explosives — See Ch.
157.
As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Includes a person, persons, firm, partnership or corporation.
A. License and permit required.
(1) It shall be unlawful for any person to blast or carry
on any blasting operations unless he is the holder of a blaster's license
in the Village of Elmsford and unless he obtains a permit for the proposed
work from the Building Inspector. Application for a blaster's license
shall be made to the Building Inspector on forms prescribed by him. Applicants
shall be at least 21 years of age, of good character and habits, and shall
satisfy the Building Inspector as to their experience in handling explosives
and ability to use the same without undue risk. Each application shall be
accompanied by an examination fee of $5. Licenses shall expire on December
31 next following the date of their issuance, and may be renewed by the Building
Inspector for a period of one year, on the payment of a fee of $1 for each
renewal. Licenses may be revoked if in the opinion of the Building Inspector
the holder has proved himself incompetent or careless. If so revoked, no new
license shall be issued to the same person for a period of three months, and
then only upon satisfying the Building Inspector of his fitness for such license.
(2) Permits; insurance requirements; inspection fee.
[Amended 11-3-1958]
(a) Permits for blasting shall only be issued to persons
holding blaster's licenses, or to contractors who have in their employ
persons holding such licenses.
(b) The permit shall state the location for which it is approved,
the date issued, the name of the person authorized to do the blasting, and
such other information as the Building Inspector may deem necessary.
(c) The permit shall be good only for the one location designated
therein, shall not be transferable and shall expire not later than one year
from the date thereof.
(d) The permit shall not be issued until the applicant shall
furnish the Village of Elmsford with a policy of public liability insurance
in the amount of $250,000 for each person injured, $1,000,000 for each accident,
as well as $500,000 for property damage.
(e) Application for such permit shall be accompanied by an
inspection fee of $5.
(3) The applicant shall also satisfy the Building Inspector
that any magazine to be used for the storage of explosives on the work for
which the blasting permit is desired has been duly licensed by the Industrial
Commissioner of the State of New York, as provided in Article 16, § 458,
of the State Labor Law.
B. Hours of blasting. It shall be unlawful to blast or carry
on any blasting operation after 5:00 p.m. or before 8:00 a.m., nor shall any
blasting be done on Saturday or Sunday, except with the approval of the Building
Inspector.
C. Violations. Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be fined a sum not exceeding
$1,000 for each violation thereof.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006
by L.L. No. 4-2006]