N.Y. Comp. Codes R. & Regs. tit. 17 § 162.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 162.3 - Assistance available for performing controlled blasting operations

(a) If a county or town superintendent determines that he needs the assistance of the Department of Transportation in order to perform controlled blasting operations that would meet the requirements contained in 12 NYCRR Part 39, for improvement or maintenance of roads within his jurisdiction, he may make a written request or such assistance to the regional director of the region in which his county or town is located, in a format to be supplied by the department. Such request shall contain an agreement on behalf of the county or town to obtain protective liability insurance to indemnify and save harmless the State of New York, its officers, agents and employees from claims, suits, actions, damages and costs of every name and description resulting from the blasting operations requested to be performed. It shall also contain a description of the work requested to be performed, identifying the road on which the operation is to be performed and the location and general area on such road where the activity is to be performed, and such other information and data as the department shall require.

(b) The department shall review the request. It may refuse the request, or it may agree to assist the county or town in its blasting operations. If the department determines that it will assist the county or town by assigning a department employee to perform the blasting operation requested by the county or town, the county or town shall obtain the protective liability insurance coverage agreed to in the request, in an amount to be determined by the department, to indemnify and save harmless the State of New York, its officers, agents and employees from claims, suits, actions, damages and costs of every name and description resulting from the blasting operations that were the subject of the request.

(c) The protective liability insurance shall remain in existence for the duration of the blasting operations and shall provide that the policy, and/or the rider adding the State of New York as a party to be protected by such insurance policy, shall not be cancelled until the department has given the county or town superintendent written notice that the blasting operations performed by the department have been completed and that the insurance coverage is no longer required.

(d) Certification that the required insurance has been obtained shall be furnished to the regional director prior to the performance of the blasting operation by the Department of Transportation employee.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 162.3