Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 5-17-1954, effective 6-14-1954. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 83.
Fire prevention — See Ch. 110.
Lighting — See Ch. 132.
Snowplowing — See Ch. 166.
The purpose of this chapter is to regulate and control the manner and methods pertaining to the sale and dispensing of gasoline and other flammable liquids within the Town of Amherst.
[Amended 11-9-1959]
A. 
Gasoline, when being sold or dispensed to the public, shall be pumped and dispensed by the owner, lessee, attendant, operator or other authorized employee of a service station who shall not be less than 18 years of age, except as hereinafter provided, physically competent to act in an emergency, fully instructed regarding safety precautions and who shall comply with the approved standard of safety in the handling of gasoline lines and flammable liquids.
B. 
A person between the age of 16 years and 18 years, however, may pump and dispense gasoline as aforesaid, provided that he is enrolled in or has successfully completed a course of instruction in an authorized public or private school which requires as part of the course the working in a gasoline service station. Further, such person at all times, while so working, must have available for inspection a certificate from the principal, president or other director of the school that such person is enrolled in such course or has successfully completed same.
[Amended 2-14-1972, effective 3-4-1972]
Anything hereinbefore provided to the contrary notwithstanding, when a permit therefor has been approved by the Town Board, special fuel-dispensing devices, such as, but not limited to, coin-operated, card-operated and remote-preset types, are permitted at automobile service facilities, provided that:
A. 
There is at least one attendant, qualified as provided in § 118-2 of this chapter, on duty while the facility is open to the public.
B. 
The sole function of such attendant shall be to observe, control and supervise the dispensing of Class I flammable liquids through such fuel-dispensing devices.
C. 
The attendant shall require the engine of the vehicle to be shut off and shall prohibit smoking in the fueling area.
D. 
Signs reading "No smoking—Shut off motor" shall be conspicuously posted at each dispensing island.
E. 
The attendant shall prevent the dispensing of Class I liquids into portable containers other than those constructed of metal or durable fireproof plastic which close with a screw or spring cap.
F. 
The attendant shall immediately clean up accidental spills and employ a fire extinguisher in the event of fire.
G. 
There shall be clear vision between the controlling mechanism in the building and the dispensing island and further constant contact between said points by means of a voice intercommunication system, which shall be maintained in proper operating condition at all times.
H. 
Clearly identified emergency power controls capable of disconnecting power to all dispensers shall be installed at a location not less than 20 feet from any dispenser and not more than 60 feet from the most distant dispenser and in a location where all dispensers are visible to the attendant.
[Amended 5-22-1972]
I. 
Two twenty-pound Purple K fire extinguishers or better shall be maintained in proper operating condition at the site of the emergency power controls at all times.
[Amended 8-28-1972, effective 9-9-1972]
J. 
Dispensing devices and delivery nozzles shall be of the type authorized under the Fire Prevention Code of this Town. Those meeting the standards of the Underwriters' Laboratories or Factory Mutual Engineering Division may be considered to be in compliance with this chapter.
K. 
A control shall be provided that will permit the pump to operate only when a dispensing nozzle is removed from its cradle on the dispensing unit and the switch on the dispensing unit is manually activated. The control shall also stop the pump when the nozzle is returned to its cradle.
L. 
There shall be no latch-open device on any self-service dispensing nozzle.
M. 
An approved impact valve, designed to close automatically in the event of severe impact or fire exposure, shall be installed in the dispensing line at the base of each dispensing device.
[Amended 2-14-1972, effective 3-4-1972]
The Town Board may revoke any permit issued pursuant to the foregoing section in the event of any violation of the regulations therein contained. The provisions of this section shall be in addition to all other penalties or punishments as prescribed in § 118-6 of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
SERVICE STATION
Any premises or portion of premises, public or private, where gasoline or other flammable fluid fuel for self-propelled vehicles, boats or portable internal combustion engines is dispensed into the fuel tanks of such equipment, including outdoor facilities on such premises used for lubrication and minor service of such vehicles, boats, machines or engines.
[Amended 5-31-1966]
Every violation by any person, firm, association or corporation of any of the provisions of this chapter shall be deemed to be an offense against this chapter, and, upon conviction therefor, such person, firm, association or corporation shall be subject to a fine of not less than $10 nor more than $100 or to imprisonment not to exceed three months, or both, for each and every offense.
Upon adoption, this chapter shall become effective 10 days after publication and posting as required by law.