This chapter shall be known as the "Explosives
and Blasting Law of the Town of Southeast New York."
No person shall use, in a blasting operation,
a quantity of explosives greater than necessary to properly start
the rock or other substances nor use such an amount as will endanger
persons or property.
All blasts within 200 feet of any roadway or structure, before
firing, shall be covered with metal rope or metal matting, heavy timbers
chained together or other suitable screens of sufficient size, weight
and strength to prevent the escape of broken rock or other material
in a manner liable to cause injury or damage to persons or property.
All blasts not within 200 feet of any roadway or structure shall have
a suitable screen so as not to cause injury or damage to persons or
property.
No person shall fire or explode or direct or
cause to be fired or exploded any blast in or near any highway or
public place in the Town of Southeast unless competent persons carrying
a red flag shall have been placed at a reasonable distance on all
sides of the blast to give proper warning thereof at least three minutes
in advance of firing.
[Amended 7-11-2019 by L.L. No. 5-2019]
No person shall conduct blasting operations
within the Town of Southeast after the hour of 5:00 p.m. and before
the hour of 8:00 a.m. nor at any time on Saturday, Sunday or legal
holiday, except in the case of emergency or special necessity, and
then only with permission of the Building Inspector or Fire Inspector,
in each case first obtained.
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by the Town of Southeast Building Inspector and only upon written request by such public utility or governmental agency for such special exception. Such written request shall state the reasons for the request and the blasting for which such exception is requested and shall include as part of such request certificate(s) of insurance as required in §
71-2C of this chapter. Such request shall be accompanied by a fee of $250. Such special exception shall be granted for a period not to exceed 12 months and may be renewed from time to time upon written request and payment of the fee as required by this section.
As used in this chapter, the following terms
shall have the meanings indicated:
EXPLOSIVES
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, fireworks, 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. "Explosives," as defined
herein, 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, of such nature and
so packed, that it is impossible to produce an explosion of such units
to the injury of life, limb or property.
[Added 7-11-2019 by L.L.
No. 5-2019]
NOTICE OF INTENT
Includes a written notice setting forth the location and approximate date or dates when blasting will occur. (See §
71-8A.)
PERSON
Includes an individual, corporation, association, firm or
partnership.