§ 193-3. Exceptions; application for exemption; notification.

A. 

The provisions of this chapter shall not apply to the following:

(1) 

The military forces of the United States or its allies, the duly authorized militia of any state or any police force or fire department, provided that the same is acting in its official capacity and in the performance of its public duties.

(2) 

The transportation of explosives in interstate or intrastate commerce regulated by the United States Department of Transportation or the New York State Department of Labor.

(3) 

Model rocketry.

(4) 

Employee safety regulated under the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.

(5) 

Fireworks subject to regulation under Penal Law § 270.00 and Article 405.

(6) 

Small arms ammunition, including smokeless or black powder when possessed for noncommercial purposes in quantities of five pounds or less.

(7) 

Pharmaceutical uses as formulated and prescribed by the official United States Pharmacopeia, USPC-1980, 20th Edition.

B. 

Where an individual makes a written application to the Building Inspector for an exemption, the Building Inspector may grant an exemption where it is evident that compliance would cause an undue hardship and that public safety would not be compromised by granting relief. Any exemption granted under this section must be as limited in scope and duration as possible, balancing the hardship caused by compliance versus the potential danger and threat to public safety of granting relief. If the Building Inspector grants an exemption under this section, he shall immediately notify the Chief of Police of his decision and within five business days notify the Village Board, stating the facts, the nature of the exemption and the underlying rationale.