City Council Proposes ''Blasting'' Law

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New Bills: Paralyzing Peeping and Blasting Explosive Regulations

by Courtney Gross
September 4, 2007

There is no doubt the City Council is gearing up to say goodbye to summer and hello to its more hectic legislative schedule. To do that, members have recently introduced bills to regulate everything from Peeping Toms to construction companies.

While some of the bills claim to improve safety in the city, advocacy groups have criticized a number of the measures, calling some overreaching or utterly unenforceable. One organization described a piece of legislation as a threat to civil liberties.

Over the next several months, these bills may or may not come up for hearings. So here is a little preview of what could be in store at City Hall.

Regulation of Blasting

In mid-July, a retaining wall collapsed on the Upper West Side, forcing residents out of their homes. Although the cause of the wall's collapse has not yet been determined, some city officials and residents attribute it to blasting at an adjacent construction site on Columbus Avenue.

In response, the district's councilmember, Melissa Mark Viverito, proposed (Intro 613) legislation that would strengthen the city's blasting regulations, specifically reducing a blasting permit's validity from three years to three months. The applicant would, however, have an opportunity to request a one-year extension.

The legislation would also require a trained representative from the fire department or Department of Buildings to be on site during demolitions involving blasting and excavations on privately owned property.

" At a time when development appears to overrun our neighborhoods and inconvenience our lives, it is our responsibility as legislators to ensure that development is as responsible, safe and accountable as possible," said Viverito following the legislation's introduction.

The legislation also proposes to increase community notification in the area where blasting is occurring and coordinate communication between the departments that oversee this type of construction, such as the Department of Buildings and the fire department.

Although the fire department is charged with issuing an explosives permit, under the new legislation it must coordinate with the Department of Buildings and the Department of Environmental Protection, including noticing them on permit requests.

A spokesperson for the Department of Buildings said it is currently reviewing the legislation and "looks forward" to working with the council.

So far the bill has 13 sponsors, including Council Speaker Christine Quinn, who held a press conference announcing the measure. Quinn's support essentially guarantees the bill's approval.