The purpose of this article is to establish minimum safeguards
to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing the possession, storage
and use of explosive materials. To ensure that the possession and
use of explosive materials does not result in physical injury or property
damage, the Town Board hereby asserts its right to designate acceptable
hours for blasting operations, set levels for the ignition and discharge
of explosive materials and establish acceptable standards governing
consequential vibrations resulting from all blasting conducted within
the Town.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
AIR BLAST
The airborne shock wave or acoustic transient generated by
an explosion.
APPEALS BOARD
The Police Chief, Town Engineer and the Town Supervisor convened
under § 140-20.6C to hear appeals regarding the revocation
of any permit issued under this article.
APPROVED
Acceptable to the Building Inspector or Appeals Board.
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.
BLAST ZONE
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
BLASTER
A person who holds a valid permit 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 an explosive, 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.
BLASTING MACHINE
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
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.
BUILDING
Includes, but is not limited to, any structure or assembly
used for occupancy or storage and subject to the jurisdiction of the
Building Department.
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.
CERTIFICATE OF COMPETENCY
Any authorization to keep, store, transport, or use explosives
issued under New York State Labor Law, Article 16.
CFR
The Code of Federal Regulations in effect on the date this
article was last amended.
CLASS A EXPLOSIVE
An explosive possessing detonating or maximum hazard and
means an explosive which is described in 49 CFR 173.53.
CLASS B EXPLOSIVE
An explosive possessing flammable hazard such as propellant
explosives and photographic flash powders and means an explosive described
in 49 CFR 173.88.
CLASS C EXPLOSIVE
Certain types of manufactured articles which contain Class
A or Class B explosives, or both, as components but in restricted
quantities, and certain types of fireworks and means an explosive
described in 49 CFR 173.100.
COMMERCIAL EXPLOSIVE
Any explosive except a propellant and nitrocarbonitrate,
including but not limited to dynamite, black blasting powder, pellet
powder, initiating explosive, blasting cap, electric blasting cap,
safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse,
instantaneous fuse, igniter cord and igniter.
COMPETENT PERSON
A person with the requisite experience, training and education
necessary to perform the duty assigned or assumed.
DELAY INTERVAL
The time interval in milliseconds between successive detonations
of the delay devices used.
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.
ELECTRIC BLASTING CAP
A blasting cap designed for, and capable of, initiation by
means of an electric current.
EXPLOSIVE
A.
Any chemical compound or mixture that is commonly used or intended
for the purpose of producing an explosion that contains any oxidizing
and combustible materials or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion
or by detonation of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant
gaseous pressure is capable of producing destructive effects on contiguous
objects.
B.
The term "explosive" includes, but is not limited to:
(1)
A commercial explosive, propellant or nitrocarbonitrate.
(2)
A high explosive or a low explosive.
(3)
An explosive material, blasting agent, water gel or detonator.
C.
The term "explosive," except as specifically stated herein,
does not include:
(1)
Small arms ammunition and their re-loading components.
(2)
An explosive in a form prescribed by the United States Pharmacopeia.
(3)
Fireworks subject to regulation under any applicable local,
state or federal rule, regulation or law.
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.
FUEL
A substance that may react with the oxygen in the air or
with the oxygen or other oxidizing material yielded by an oxidizer
to produce combustion.
HIGH EXPLOSIVE
Any explosive material which can be caused to detonate by
means of a blasting cap when unconfined, as, for example, dynamite.
HIGHWAY
Any public street, road, highway, alley or part of a navigable
stream which is used as a highway of commerce.
INHABITED BUILDING
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure occupied in connection with the transportation,
storage or use of explosives.
INITIATING PRIMER
An explosive cartridge with a detonator or initiating agent
inserted therein.
LOW EXPLOSIVE
An explosive material which can be caused to deflagrate when
confined, as, for example, black powder.
MAGAZINE
Any building, structure or other enclosure or container,
used for the storage of explosives.
MISFIRE
An explosive material charge that fails to detonate after
an attempt at initiation.
MOTOR VEHICLE
Any self-propelled vehicle, truck, tractor, semitrailer or
truck full trailer used for the transportation of explosives.
NFPA
National Fire Protection Association.
NO. 8 TEST BLASTING CAP
A cap containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate or a cap of equivalent strength.
OVERBURDEN
All soil and ancillary material above the bedrock horizon
in a given area.
OXIDIZER
A substance such as a nitrate that yields oxygen or other
oxidizing substance readily to stimulate the combustion of organic
matter or other fuel.
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.
PERMIT
Written authorization issued by the Town or other appropriate
governmental agency to sell, possess, store or use explosives.
PERSON
Any natural person, partnership, firm, association or corporation.
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 for small arms, smokeless powder for
cannons, smokeless powder or solid propellant for rockets, jet thrust
units or other devices.
ROCK CHIPPING
The mechanized hammering or cutting of bedrock or other similar
hardened natural materials for a constant duration for the purposes
of removal or reuse on a site.
SEISMOGRAPH
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
SEMICONDUCTIVE HOSE
A hose with an electrical resistance high enough to limit
flow of stray electric currents to safe levels, yet not so high as
to prevent drainage of static electric charges to ground such as those
of not more than two megohms resistance over its entire length and
not less than 5,000 ohms per foot.
SENSITIVITY
A physical characteristic of an explosive classifying its
ability to detonate upon receiving an external impulse such as impact,
shock, flame or other influence which can cause explosive decomposition.
SMALL ARMS AMMUNITION
A cartridge and/or blank rounds for a shotgun, rifle, pistol
or revolver and a cartridge for propellant-actuated power devices
and industrial guns. Military-type ammunition containing explosive
bursting charges or any incendiary, tracer, spotting or pyrotechnic
projectile is excluded from this definition.
SMOKELESS PROPELLANT
A solid propellant, commonly called "smokeless powder" in
the trade, used in small arms ammunition, cannon, rockets or propellant-actuated
power devices.
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.
STRAY CURRENT
A flow of electricity outside the conductor which normally
carries it.
USDOT
United States Department of Transportation.
VIBRATION
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
WATER GEL
Any of a wide variety of materials used for blasting that
contain substantial proportions of water and high proportions of ammonium
nitrate, some of which is in solution in the water. Two broad classes
of water gels are those which are sensitized by a material classed
as an explosive, such as TNT or smokeless powder, and those which
contain no ingredient classified as an explosive; these are sensitized
with metals such as aluminum or with other fuels. Water gels may be
classified as Class A explosives, Class B explosives or blasting agents.
Blasting may be conducted when authorized by permit Monday through
Friday between the hours of 8:30 a.m. and 3:00 p.m. Blasting is prohibited
Saturdays, Sundays and legal holidays, unless modified by an approving
Board.
Any person applying to use explosives to demolish any structure
must agree to assume the cost of any engineering analysis, public
safety survey, environmental review or other technical study deemed
necessary by the Building Inspector to determine if and how blasting
or rock chipping can be conducted safely.
The Police Chief, Town Engineer and Building Inspector, sitting
as a Board of Standards, may supplement this article by promulgating
whatever additional rules and regulations are deemed necessary or
desirable to protect the public health, safety and welfare. A copy
of all supplemental rules and regulations promulgated under this section
are to be provided with each application for a permit and posted on
the Town's website.