[HISTORY: Adopted by the Town Board of the Town of Saugerties 3-5-1970 by L.L. No.
2-1970 (Ch. 65, Art. I, of the 1975 Municipal Code).
Amendments noted where applicable.]
A.Â
It is the intent of the Town Board to ascertain and regulate the
transportation, possession or manufacture of certain combustible solids
which affect the health and well-being of the residents of the Town.
B.Â
This chapter shall apply to materials which are highly flammable,
referring to any material which is very easily ignited and burns with
unusual rapidity, or which by their presence create or augment a fire
or explosion hazard, or which because of their toxicity, flammability
or liability to explosion render firefighting abnormally dangerous
or difficult.
As used in this chapter, unless otherwise expressly stated or
unless the context or subject matter otherwise requires, the following
terms shall have the respective meanings hereinafter set forth or
indicated:
The Chief of the District Fire Department or his authorized
representative and the Town of Saugerties Building Inspector are hereby
designated as "the authority having jurisdiction," wherever that expression
appears in the chapter.
Combustible is used referring to a material which can burn.
Combustible, being a relative term, many materials which burn under
one set of conditions will not burn under others, e.g., structural
steel is noncombustible, but fine steel wool is combustible. The term
"combustible" is not related to any specific ignition temperature.
The term "combustible solids" in this chapter shall mean and include
the handling and storage of timber, combustible fibers, except baled
hay used on a farm for feeding of cattle or livestock, magnesium,
titanium, zirconium and pyroxyline plastic.
Includes those acids, alkaline caustic liquids and other
corrosive liquids which, when in contact with living tissue, will
cause severe damage of such tissue by chemical action or are liable
to cause fire when in contact with organic matter or with certain
chemicals.
Dust which, if mixed with air in the proper proportions,
becomes explosive and may be ignited by a flame or spark. The term
"explosive dust" shall apply to any grain elevators, flour, starch
or feed mill, or plant pulverizing aluminum, coal, cocoa, magnesium,
spices, sugar or other material producing dust.
Includes a solid substance, other than one classified as
an explosive, which is liable to cause fires through friction, through
absorption of moisture, through spontaneous chemical changes or as
a result of retained heat from manufacturing or processing.
Such materials as corrosive liquids, oxidizing materials,
radioactive material, flammable solids, potentially explosive chemicals,
highly toxic materials, and poisonous gases.
Materials so toxic to man as to afford an unusual hazard
to life and health during fire-fighting operations. Examples are parathion,
malathion, TEPP (tetraethylphosphate), HETP (hexaethyl tetraphosphate),
and similar insecticides and pesticides.
Whenever used in this chapter, shall mean the Town of Saugerties,
Ulster County, New York, excluding the area inside the village therein.[1]
Includes substances such as chlorates, permanganates, peroxides
or nitrates, that yield oxygen readily to stimulate combustion.
The written authority of the Chief and the Building Inspector
issued pursuant to this chapter to store, have or keep explosive dusts,
hazardous chemicals or combustible solids in such quantity as to cause
a hazard to life and property.
Includes any noxious gas of such nature that a small amount
of the gas when mixed with air is dangerous to life. Examples are
chloropicrin, cyanogen, hydrogen cyanide, nitrogen peroxide, and phosgene.
Includes any chemical substance, other than one classified
as an explosive, which can be exploded by heat or shock when it is
unconfined and unmixed with air or other materials.
Includes any material or combination of material that spontaneously
emits ionizing radiation.
This chapter shall apply to all persons, firms, corporations,
copartnerships, governmental agencies except federal, and associations
storing, having or keeping said explosive dusts, hazardous chemicals
or combustible solids and to the owner or lessee of any building or
premises in or on which these hazards are stored or kept.
No permit shall be issued until approval has been given for
the proposed storage location with respect to nearness to places of
public assembly, schools, hospitals and churches and adequacy of water
supply for fire control. This shall be governed by the recommendations
of the national fire codes of the National Fire Protection Association
or the New York State Building Construction Code/Fire Code or federal
codes, whichever code will give the most protection of life and adjoining
property. No permit shall be issued for storage in any area zoned
residential or other congested districts if the amount to be stored
exceeds the limits as prescribed in any other provision of this Municipal
Code.
The Chief and the Building Inspector may issue a permit for
the continued use of an existing warehouse, storage facility, handling
equipment, building and structure for the storage of these materials
which is not in strict compliance with this chapter in cases in which
continued use will not constitute a distinct hazard to life or adjoining
property. In cases where such permit is denied, the Chief and Building
Inspector shall notify the applicant and specify the reasons for denial
in writing.
A permit issued pursuant to this chapter shall be obtained from
the Town Clerk and signed by both the Town Building Inspector and
the fire chief of the particular fire district where such material
is to be stored.
Each permit granted shall be valid for such period as may be
specified but not to exceed one year and shall be a revocable license
and shall expire when revoked.
Application for a permit to use or operate facilities for the
storage, having or keeping of explosive dusts, hazardous chemicals
or combustible solids shall be made in writing to the Fire Chief and
Town Building Inspector. They shall then cause to be made an inspection
of the premises and equipment proposed to be used. If they are found
to be in compliance with this chapter, a statement to that effect
shall be noted on the application and the application signed by the
persons making the inspection.
The Fire Chief or Building Inspector may at any reasonable time
inspect premises, buildings, installations or equipment for the storage
and handling of these materials. If a violation of this chapter is
found to exist, he shall file with the owner, occupant or operator
a notice citing the violation and ordering its correction. If such
an order is not complied with within the time specified by the Fire
Chief or Building Inspector, he or she may suspend the permit issued
for such facility.
When the enforcement of the provisions of this chapter would
entail practical difficulties or unnecessary hardship, or where the
circumstances of the case do not require its strict application, the
applicant for such a permit may appeal from the decision of the Fire
Chief and Building Inspector to the Town Board for a certificate of
variance from this chapter.
An owner, lessee, agent, operator or occupant aggrieved by any
order issued pursuant to this chapter may file an appeal to the Town
Board within 10 days from the service of such an order, and the Town
Board shall fix a time and place not less than five days nor more
than 10 days thereafter when and where such appeal may be heard by
it. Such appeal shall stay the execution of such order until it has
been heard and reviewed, vacated or confirmed. The Town Board shall
at such hearing, affirm, modify, revoke or vacate such order. Unless
revoked or vacated, such order shall then be complied with. Nothing
therein contained shall be deemed to deny the right of any person,
firm, corporation copartnership, or voluntary association to appeal
from an order or decision of the Town Board to a court of competent
jurisdiction.
The provisions of this chapter shall not apply to a person operating
a farm owned by him and located in the Town of Saugerties and whose
principal earned income comes from such farm.
This chapter shall not be construed to hold the Town responsible
for any damage to persons or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect
the permit issued as herein provided or by reason of the approval
or disapproval of any equipment authorized herein.
Any person who shall violate any of the provisions of this chapter
or fail to comply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of
any detailed statement of specifications or plans submitted and approved
thereunder or any certificate or permit issued hereunder, and from
which no appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the Town Board or by a court of
competent jurisdiction within the time fixed herein, shall severally,
for each and every violation and noncompliance respectively, be guilty
of an offense, punishable by a fine of not less than $100 or by imprisonment
for not less than 30 days nor more than 60 days, or by both such fine
and imprisonment. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time, and when not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute
a separate offense.
