[Amended 12-9-1987, approved 12-10-1987]
This article shall apply to all new and existing facilities
where flammable or combustible liquids are stored in tanks and to
the installation, relocation or replacement of such tanks not covered
elsewhere in this chapter.
As used in this chapter, the following terms shall have the
following meanings:
Any liquid having a flash point at or above 100° F. "Combustible
liquids" shall be subdivided as follows:
Any liquid having a flash point below 100° F. and having
a vapor pressure not exceeding 40 pounds per square inch absolute
at 100° F. shall be known as a "Class I liquid." Class I liquids
shall be subdivided as follows:
Class IA shall include those having flash point below 73°
F. and have a boiling point below 100° F.
Class IB shall include those having flash points below 73°
F. and having a boiling point at or above 100° F.
Class IC shall include those having flash points at or above
73° F. and below 100° F.
Except as otherwise permitted in this chapter, the storage of
flammable and combustible liquids shall be outside buildings, in underground
tanks or aboveground tanks.
A.
Storage of flammable and combustible liquids in tanks aboveground and outside buildings is permitted only in an industrial district as defined in the Zoning Ordinance, Chapter 267, but not within 1,000 feet of any residential or business district and shall comply with the New York State Uniform Fire Prevention and Building Code, Parts 612, 613 and 614 of Title 6 of the Codes, Rules and Regulations of the State of New York and the National Fire Prevention Association 30-87, Flammable and Combustible Liquid Code.
Each person who wishes to perform the installation, relocation
or replacement of tanks for the storage of flammable or combustible
liquids or their auxiliaries, piping and pumps shall secure a license
from the Commissioner in accordance with the following:
A.
No installation, replacement or relocation of any tank for the storage
of flammable or combustible liquids, auxiliaries thereto, piping and
pumps shall be made without securing a permit from the Commissioner.
B.
Application for an installation permit shall be made in writing on
a form furnished by the Commissioner and shall be accompanied by an
application fee in accordance with the following schedule:
C.
Applicants for a permit pursuant to this section shall provide the
following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location where the tank is to be installed.
(3)
The name and flash point of the flammable or combustible liquid
to be stored.
(4)
The maximum quantity of flammable or combustible liquids to
be stored.
(5)
The dimension of the storage tank.
(6)
The gauge of the metal in the tank.
(7)
The name, address and phone number of the concern making installation.
(8)
The number and type of the installer's license.
(9)
A sketch of plan showing clearly thereon the following:
(a)
The location of building or buildings where flammable and combustible
liquids are located.
(b)
The nature of construction, dimension of building and purposes
for which used.
(c)
The location of each tank forming part of the equipment.
(d)
The size of fill and vent pipes and where they terminate.
D.
All plans and specifications for the erection and construction of
tanks for the storage of flammable and combustible liquids shall be
filed with the Department of Buildings and the Fire Commissioner and
shall be approved by both. No installation permit shall be issued
without such approvals.
A.
All installation, relocation or replacement of tanks and equipment
shall be in compliance with the New York State Uniform Fire Prevention
and Building Code, Parts 612, 613 and 614 of Title 6 of the Codes,
Rules and Regulations of the State of New York and the National Fire
Prevention Association 30-87, Flammable and Combustible Liquids Code.
B.
All tank installations of more than 2,000 gallons must be provided
with a constant monitoring electronic leak-detecting system that gives
visual and audible warning signals and must be of a type approved
by the Commissioner.
No tank or equipment for the storage of flammable or combustible
liquids that has been installed, relocated or replaced may be used
until it has been inspected and approved by the Commissioner. No underground
tank shall be covered from sight until such inspection and approval
occurs.
A.
A notification, in writing, shall be given to the Commissioner, who
shall, within 48 hours after receipt of such notification, inspect
the installation and give written approval or disapproval.
B.
Any written disapproval shall contain the reasons therefor and the
modifications or corrections that must be made to secure the approval
required by this section.
A.
No person shall own, maintain, use or operate any tank for the storage
of flammable or combustible liquids except that for which a permit
has been issued by the Commissioner.
B.
All applicants for a permit pursuant to this section shall make written
application to the Commissioner, setting forth:
C.
The application shall be accompanied by a permit fee of 0.4 of $0.01
per gallon per aggregate capacity of the tank(s). The Commissioner
shall inspect such tanks annually during the month of September.
[Amended 12-13-1989, approved 12-14-1989; 2-27-2008, approved 2-28-2008]
E.
No permit issued pursuant to this section shall be transferable,
and each such permit shall expire on August 31 of each year.
Every facility that stores flammable or combustible liquids
in tanks 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.
Repair of tanks for the storage of flammable or combustible
liquids shall be performed in compliance with Parts 613 and 614 of
Title 6 of the Codes, Rules and Regulations of the State of New York
and the National Fire Prevention Association 30-87, Flammable and
Combustible Liquids Code.
A.
The Commissioner shall be notified immediately upon any change of
ownership of any facility where flammable or combustible liquids are
stored in tanks or when such tank is to be abandoned.
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.
