By Council
Members Mark-Viverito, the Speaker (Council Member Quinn), Brewer, Comrie,
Dickens, Fidler, Gentile, Gerson, James, Liu, Nelson, Recchia Jr., Weprin,
Gonzalez, Martinez, Jackson, Garodnick, Gennaro, Katz and Mendez
A Local Law
to amend the administrative code of the city of New York, in relation to the
use of explosives for demolition and excavation.
Be it
enacted by the Council as follows:
Section 1.
Section 27-165 of the administrative code of the city of New York is
amended to read as follows:
§27-165 Notice to adjoining owners. No foundation or earthwork permit shall be
issued unless and until at least five days prior written notice of the permit
application shall have been given by the applicant to the owners of all
adjoining lots, buildings and service facilities which may be affected by the
proposed foundation work or earthwork operations, except that any foundation
or earthwork that is to be done with the use of explosives shall also be
subject to the notice requirements set forth in section 27‑4038.1 of this
code.
§2. Section
27-169 of the administrative code of the city of New York is amended to read as
follows:
§27-169 Notice to adjoining owners. No demolition or removal permit shall be
issued unless and until at least five days prior written notice of the permit
application shall have been given by the applicant to the owners of all
adjoining lots, buildings and service facilities which may be affected by the
proposed demolition or removal work, except that any demolition or removal
work that is to be done with the use of explosives shall also be subject to the
notice requirements set forth in section 27-4038.1 of this code.
§3. Subchapter 4 of title 27 of the administrative
code of the city of New York is amended to add a new section, §27-4038.1 to
read as follows:
§27-4038.1
Blasting safety. a.
Permits. A permit issued pursuant to
section 27‑4031 for the use of explosives for blasting operations,
including excavation and demolition work, shall not be issued for a period of
more than nine months. Such permit may
be renewed for additional periods of up to nine months, provided that the owner
and blasting contractor have complied with the requirements of this section.
b. Blasting plan for demolition blasting. Applications for a permit for use of
explosives in connection with demolition work shall include a blasting
plan. The blasting plan shall include
the following information:
1. The location and dimensions
of the safety zone to be maintained during blasting, including clearance to the
surrounding buildings, structures and infrastructure.
2. Construction plans detailing
the location of the main bearing supports of the structure which will be
utilized in the demolition.
3. The types of explosives to be
used, quantities, charge weight per initiation, blast sequence and pattern, and
number, depth and diameter of drill holes.
c. Notifications
and permit survey meeting. Prior to the
issuance of any permit for the use of explosives for blasting operations, a
permit survey meeting shall be arranged by the owner or the owner’s blasting
contractor and conducted at the job site at which blasting operations are to
occur, for the purpose of reviewing the measures that the blasting contractor
will be required to undertake to safeguard affected buildings, structures and
infrastructure. Such permit survey
meeting shall be attended by representatives of the department, general
contractor and blasting contractor. The
owner or the owner’s blasting contractor shall in addition notify the
department of buildings of the meeting, and invite the participation of owners
of affected buildings, structures and infrastructure as determined by the
department to be appropriate. The
commissioner may also require notification of and coordination with other
federal, state and city officials and agencies, including the department of
environmental protection, office of emergency management, metropolitan
transportation authority, United States coast guard and United States army
corps of engineers, as appropriate.
d. Pre-blasting survey. Prior
to the commencement of blasting operations, the owner or the owner’s blasting
contractor shall retain the services of a
professional engineer licensed in New York State, to conduct a structural survey
of all buildings, structures, and infrastructure, including all
landmarks and monuments, within one hundred feet of
the property line of the job site. The
pre‑blasting survey shall determine and document the existing
structural condition of the interior and exterior of such buildings, structures
and infrastructure, provided that, if after reasonable good faith efforts,
access to the interior of a building, structure or infrastructure cannot be
gained, it shall be sufficient that such survey determine and document the
condition of the exterior of such building, structure or infrastructure. The report of such pre‑blasting survey
shall include photographs and/or videotapes, documenting any pre‑existing
conditions that may be exacerbated by blasting operations, including cracks and
structural defects, and their location, length, size, thickness, and type. Where demolition blasting is to be
conducted, the pre‑blasting survey report shall identify the location and
elevation of vertical control points on such buildings, structures and
infrastructure, and shall set forth the type and location of any monitoring
devices to be used, including tell-tales.
If application is made for renewal of the permit for excavation or demolition
blasting at a job site, the owner or the owner’s blasting contractor shall
cause any pre‑blasting survey to be updated as necessary to address any
change in conditions in the area to be surveyed.
e. Notice of permit issuance. Within five days of
issuance of a permit for the use of explosives for demolition or excavation
work, the owner or the owner’s blasting contractor shall provide written notice
to each council member and community board whose respective districts includes
the job site or property within one hundred feet thereof, and the local fire
company. Such notice shall contain the
effective and expiration dates of the permit.
Proof of the delivery or mailing of such notice shall be filed with the
department.
f. Notice
of the commencement of blasting operations.
Not less than two days nor more than five days prior to the commencement
of blasting operations, the owner or the owner’s blasting contractor shall
provide written notice of same to each council member and community boards
whose respective districts include the job site or property within one hundred
feet thereof, and the local fire company.
Such notice shall contain the date or dates on which blasting operations
are anticipated to take place and telephone numbers for the blasting contractor
and the department to which complaints and inquiries about the blasting
operations may be made. The owner or
the owner’s blasting contractor shall in addition forward a copy of the written
notice to the owners of all buildings within one hundred feet of the job
site. Owners of such buildings shall
post such notice at a conspicuous location within each such building in a
manner prescribed by the department to ensure adequate visibility. If blasting operations continue for a period
of more than one month, additional notice shall be given to owners of such
buildings and posted by such owners on a monthly basis for any month in which
blasting operations are to be conducted.
g. Authorization to deliver explosives. No explosives shall be delivered to any job
site without the prior authorization of the Department. The commissioner shall promulgate rules
governing the delivery and removal of explosives to and from the job site.
h. Certificate of fitness. Blasting operations or other use of explosives shall be conducted
under the personal supervision of a blaster holding a certificate of fitness
for blasting operations. The blaster
shall be in charge of blasting operations and responsible for ensuring that
such operations are conducted in compliance with all applicable laws, rules,
regulations, permit conditions and blasting procedures.
i. Blasting
patterns for excavation blasting. Prior
to the commencement of excavation blasting at a job site, and at such other
times as the department may require, the blaster shall review with a department
representative the blasting patterns to be utilized in connection with such
blasting operations.
j. Vibration and airblast. The owner or the owner’s blasting contractor shall retain a seismic services consultant to measure and
record ground vibration and airblast overpressure levels at specified
locations. Such measurements shall be
taken every time explosives are detonated during blasting operations. A copy of such measurements shall be filed
with the department on a schedule to be established by the department, but not
less frequently than once per week.
Throughout blasting operations, locations for the monitoring equipment
shall be selected by the blasting contractor and the seismic consultant in
consultation with the department and subject to department approval. The commissioner may require monitoring of
water shock when submarine blasting is conducted.
k. Blasting in congested areas.
When blasting is conducted in a congested area or in close proximity to
buildings, structures or infrastructure that may be damaged, or whose use and
occupancy may be seriously affected by blasting operations, the blaster shall
schedule the timing of each blast and take appropriate precautions in its
loading, confinement and initiation, so as to minimize the effect of the blast
upon surrounding uses and occupancies, and to control the ground vibrations and
air blast effects. Shoring or other means approved by the commissioner of
buildings shall be used to reinforce buildings, retaining walls and other structures and infrastructure, that are
susceptible to damage from vibration and air blast effects, and weak rock shall be manually removed by gads,
picks or crowbars, without the use of explosives. When blasting is unavoidable
in the vicinity of such buildings, structures and infrastructure, only light
face blasts with short lines of resistance and small charges shall be used.
l. Unsafe conditions and
complaints. The blasting contractor
shall immediately suspend blasting operations and immediately notify the
department should any condition arise from blasting operations that involves
the structural integrity of a building, structure or infrastructure or that
otherwise threatens the safety of the general public. The blasting contractor shall also immediately notify the department
of buildings of any condition that involves the structural integrity of a
building, structure or infrastructure.
Blasting operations shall not resume until authorized by the department. The blasting contractor shall notify the
department within twenty-four hours of all other complaints, including
complaints of noise and minor damage.
m. Post-blasting survey. When required by this subdivision, a post-blasting survey shall
be prepared by a professional engineer, licensed in New York state, retained by
the owner or the owner’s blasting contractor.
1. Demolition Blasting. Whenever demolition blasting is conducted, such professional
engineer shall, upon the completion of the blasting operations at the job site,
conduct a structural survey of all of the buildings,
structures and infrastructure previously surveyed and submit to the
department a report documenting the elevations of the vertical control points
and the absence of any observable changes in the pre-existing condition of such
buildings, structures and infrastructure, or identifying any changes and the
conclusions to be drawn therefrom. Elevations of the control points shall again be
measured by such professional engineer at intervals of one and six months after
the completion of the demolition work, and a report containing this data, and
conclusions to be drawn therefrom, shall be promptly submitted to the
department as an addendum to the original post-blasting survey.
2. Excavation Blasting. The commissioner may require the owner or
the owner’s blasting contractor to retain a professional engineer to conduct a
post‑blasting survey at any time during or upon the completion of
blasting operations upon a determination that such a survey is necessary or
appropriate as a result of ground
vibration levels exceeding the reporting level set by the department, or other
good cause.
n. Recordkeeping.
A copy of the pre-blasting survey, the blasting plan for demolition
blasting, the blasting patterns utilized for excavation blasting operations,
and the vibration and airblast measurements, required by this section, shall be
maintained at the job site until the completion of blasting operations, and,
together with any post-blasting survey required by this section, shall
thereafter be kept by the owner or the
owner’s blasting contractor for a period of three years from the completion of
blasting operations at the job site.
Such records shall be made available for inspection by any
representative of the department and the department of buildings.
o. Inter-agency coordination of blasting operations. Within ninety days of the effective date of
this bill, the department shall develop and establish a protocol with the
department of buildings, and such other agencies as the department determines
to be necessary or appropriate, by which notification of blasting operations
and reporting of unsafe conditions and complaints is to be coordinated.
§4. This local
law shall take effect one hundred twenty days after enactment, except that the
fire commissioner and the commissioner of buildings shall take such measures,
including the promulgation of rules, as are necessary for the implementation of
this local law prior to such effective date.
12/11/07
7:50 pm