[HISTORY: Adopted by the Town Board of the Town of Amherst 5-17-1954, effective 6-14-1954. Amendments
noted where applicable.]
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:
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.
