City of Mount Vernon, NY Article IV Hazardous Materials [1]

[Added 12-9-1987, approved 12-10-1987]

[1] Editor's Note: Former Art. IV, Cellulose Nitrate Plastics (Pyroxylin), was deemed to be superseded by the New York State Uniform Fire Prevention and Building Code, pursuant to Res. No. 11, adopted 4-11-1984, approved 4-12-1984.

§ 131-41 Scope.

This article shall apply to all new and existing facilities where hazardous materials are manufactured, stored, handled or used and which are not regulated by other articles of this chapter.

§ 131-42 Definitions.

As used in this article, the following terms shall have the following meanings:

HAZARDOUS MATERIALS

Corrosive liquids, flammable solids, flammable and combustible liquids, highly toxic materials, oxidizing materials, poisonous gases, radioactive materials and other substances or materials that have been determined to be capable of posing an unreasonable risk to health, safety and property as found in the 49 CFR 100 to 199. An abstract of the definition is found in Appendix A to this article.[1]

[1] Editor's Note: Appendix A appears at the end of this chapter.

§ 131-43 Application for permit.

A permit shall be required for the storage or handling of any hazardous materials in excess of the amounts listed in Table I-1174, Part 1174 of Chapter C of the New York State Uniform Fire Prevention and Building Code, Appendix B to this article.[1]

A. All applications for permits pursuant to this article shall state the nature of the business of the applicant, the maximum quantity of each class of hazardous materials to be stored and the location of storage and provide such information for development of a preemergency plan as required by the Commissioner.

B. Before authorizing the issuance of a permit pursuant to this article, the Commissioner is permitted to require the applicant to submit, in writing, one or more of the following:

(1) A report from a testing laboratory acceptable to the Commissioner setting forth the physical and chemical properties of the hazardous material in question, whenever such properties are not readily available from other recognized sources.

(2) Evidence that the storage, handling or use of the hazardous materials in question is in accordance with manufacturer's recommendations or generally acceptable standards.

(3) Qualifications, experience and knowledge of the person or persons who will supervise the operations involving hazardous material in question.

C. Before authorizing the issuance of a permit pursuant to this article, the Commissioner shall inspect the premises to ensure that hazardous materials are being stored in accordance with Article 3 of Chapter C of the New York State Uniform Fire Prevention and Building Code and generally accepted standards. During such inspection, the Commissioner may require the separation or isolation of any hazardous material that in combination with other substances may bring about a fire or explosion or may liberate a flammable or poisonous gas. The Commissioner may require separation from other storage, occupancies or buildings when the quantity stored constitutes a material hazard. Such requirements may be included in writing on the permit for the particular premise or operation for which the permit is issued pursuant to this article and shall constitute a condition of the permit.

[1] Editor's Note: Appendix B appears at the end of this chapter.

§ 131-44 Permit fee.

[Amended 2-27-2008, approved 2-28-2008]

The Commissioner is hereby authorized and directed to charge the following fees for the issuance of permits pursuant to this article:

A. Interior storage. Permit fees shall be determined by the floor area, measured in square feet, of each story of a building, as follows:

(1) Aggregate storage of gross floor area of each story, but not more than 999 square feet: $30 per year.

(2) One thousand square feet to 2,999 square feet: $60 per year.

(3) Three thousand square feet to 4,999 square feet: $90 per year.

(4) Five thousand square feet to 9,999 square feet: $120 per year.

B. Exterior storage. Permit fees for storage areas located outside of a building shall be determined by the square footage of the enclosed area in which the hazardous materials are being stored.

§ 131-45 Permit.

A. Upon satisfactory completion of the application procedures pursuant to § 131-43 and upon payment of the appropriate fee pursuant to § 131-44, permits issued pursuant to this article shall be issued by the Commissioner and shall specify:

(1) The activity or operation for which the permit is issued.

(2) The address or location where the activity or operation is to be conducted.

(3) The name and address of the permit holder.

(4) The permit number and date of issuance.

(5) The period for which the permit is valid.

(6) Any storage requirements imposed by the Commissioner pursuant to § 131-43C.

B. Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new application and permit.

C. Permits shall be in effect for a period of one year from the date of issuance, unless revoked pursuant to § 131-46.

D. Permits shall be kept on property or premises covered by the permit and shall be conspicuously posted.

§ 131-46 Revocation of permit.

A. The Commissioner shall revoke a permit issued pursuant to this article:

(1) When there is a violation of a condition under which the permit was issued; or

(2) If there was a misrepresentation or falsification of a material fact in connection with the permit application or a condition of the permit.

B. The Commissioner may reinstate a permit which has been revoked pursuant to Subsection A of this section upon:

(1) Subsequent compliance with the condition or conditions under which the permit was issued when such compliance has been verified by an inspection of the premises by the Commissioner; or

(2) Satisfactory information supplied to the Commissioner regarding the material fact or facts that were previously misrepresented or falsified. The Commissioner may require such verification of this new information as he deems necessary.

§ 131-47 Renewal of permit.

Permits issued pursuant to this article shall be renewed annually after a satisfactory inspection of the premises pursuant to § 131-43C and payment of the appropriate fee pursuant to § 131-44.

A. The inspection required by this section shall be requested by the permit holder no more than 40 days nor less than 30 days prior to the expiration of the current permit. Following such request, the Commissioner shall schedule the inspection no less than 10 days before the expiration of the current permit.

§ 131-48 Placarding of premises.

Legible, clearly visible signs or placards shall be posted at all entrances to locations where hazardous materials are stored, handled or used.

A. Placards shall conform with the Standard System for the Identification of the Fire Hazards of Materials found in the National Fire Protection Association 704, Standard System for the Identification of the Fire Hazards of Materials.

B. Placards shall be constructed of materials with the mechanical strength of one-sixteenth-inch-gauge steel, or its equivalent, as approved by the Commissioner.

§ 131-49 Emergency notification.

Every facility where hazardous materials are stored, handled or used shall file with the Commissioner the name and telephone number of the person to be notified in case of a fire or other emergency. Within five days of any change in the information required by this section, the Commissioner shall be notified of such change.

§ 131-50 Inspections.

The Commissioner may, at any reasonable time and upon reasonable notice, enter and inspect any facility where hazardous materials are stored, handled or used to assure compliance with this article, provided that the Commissioner is accompanied by the owner, operator, lessee or their designee.

§ 131-51 Severability.

If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

§ 131-52 When effective.

This article shall take effect immediately. The owner, lessee or operator of a facility regulated by this article shall have 90 days from the effective date of this article to comply with its provisions.