Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 3-20-1950; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006.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:
BUILDING INSPECTOR
The duly appointed Building Inspector of the Village of Elmsford.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
Application for such permit shall be accompanied by an inspection fee of $5.[2]
[2]
Editor's Note: Former Subsection A(3) and (4), regarding surety bonds and increased insurance coverage, added 3-20-1967, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Former Subsections C through J, regarding various blasting requirements, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]