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.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
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.